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GATT Library | zc928xc8444 | Second Committee: Economic Development. Agenda for Thirteenth Meeting : To be Held, Tuesday, 23 December 1947, at 4.00 p.m | United Nations Conference on Trade and Employment, December 22, 1947 | 22/12/1947 | official documents | E/CONF.2/C.2/20 and E/CONF.2/C.2/9-28 | https://exhibits.stanford.edu/gatt/catalog/zc928xc8444 | zc928xc8444_90040212.xml | GATT_152 | 88 | 632 | United Nations
CONFERENCE
ON
TRADE AND EMPLOYMENT
Notions Unies
CONFERENCE
DU
COMMERCE ET DE L'EMPLOI
UNRESTRICTED
E/CONF.2/C.2/20
22 December 1947
ENGLISH - FRENCH
ORIGINAL: ENGLISH
SECOND COMMITTEE: ECONOMIC DEVELOPMENT
AGENDA FOR THlRTEENTH MEETING
To be Held., Tuesday, 23 December 1947, at 4.00 p.m.
1. Article 12: Examination paragraph by paragraph.
2. Article 13: General discussion.
DEUXIEME COMMISSION : DEVELOPPEMENT ECONOMIQUE
DU JOUR DE LA TREIZIEME SEANCE
le mardi 23 dTcTTmbre 1947, a 16 heures
1. Article
2. Article
12 : Examen, paragraphe par paragraphe.
13 : Discussion TgTnrlLe. |
|
GATT Library | ng785yf0756 | Second Committee: Economic Development. Agenda for Thirteenth Meeting : To be Held, Tuesday, 23 December 1947, at 4.00 p.m | United Nations Conference on Trade and Employment, December 22, 1947 | 22/12/1947 | official documents | E/CONF.2/C.2/20 and E/CONF.2/C.2/9-28 | https://exhibits.stanford.edu/gatt/catalog/ng785yf0756 | ng785yf0756_90040212.xml | GATT_152 | 0 | 0 | ||
GATT Library | gt399zx9128 | Second Committee: Economic Development. Agenda for Twelfth Meeting : To be held Monday 22 December 1947 at 10.30 a.m | United Nations Conference on Trade and Employment, December 20, 1947 | 20/12/1947 | official documents | E/CONF.2/C.2/19 and E/CONF.2/C.2/9-28 | https://exhibits.stanford.edu/gatt/catalog/gt399zx9128 | gt399zx9128_90040211.xml | GATT_152 | 99 | 702 | United Nations
CONFERENCE
ON
TRADE AND EMPLOYMENT
Nations Unies UNRESTRICTED
CONFERENCE E/CONF. 2/C.2/19
DU 20 December 1947
COMMERCE ET DE L'EMPLOI ENGLISH - FRENCH
ORIGINAL - ENGLISH
SECOND COMMITTEE: ECONOMIC DEVELOPMENT
AGENDA FOR TWELFTH MEETING
To be Held Monday 22 December 1947 at 10.30 a.m.
1. Article 12: Continuation of general discussion
2. Article 12: Examination paragraph by paragraph.
DEUXIEME COMMISSION : DEVELOPPEMENT ECONOMIQUE
ORDRE: DU JOUR DE LA DOUZIEME SEANCE
qui so tiendra le 22 dTcembre 1947, à 10 heures 30
1. Article 12 : Suite de la discussion gTnTrale.
2. Article 12 : Examen paragraphe par paragraphe. |
|
GATT Library | yf043zk2797 | Second Committee: Economic Development. Agenda of Sixth Committee : To be held on Thursday, 11 December 1947, at 4.00 p.m | United Nations Conference on Trade and Employment, December 10, 1947 | 10/12/1947 | official documents | E/CONF.2/C.2/10 and E/CONF.2/C.2/9-28 | https://exhibits.stanford.edu/gatt/catalog/yf043zk2797 | yf043zk2797_90040201.xml | GATT_152 | 149 | 1,154 | United Nations Nations Unies E/CONF.2/C.2/10
CONFERENCE CONFERENCE 10 December 1947
ON DU ENGLISH - FRENCH ORIGINAL: ENGLISH
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI
SECOND COMMITTEE: ECONOMIC DEVELOPMENT
AGENDA OF SIXTH COMMITTEE
To be Held on Thursday, 11 December 1947, at 4.00 p.m.
1. Proposed terms of reference and membership of Joint Sub-Committee of
Committees II and VI. ( E/CONF.2/C.2/8)
2. Report of Sub-Committee 1 on Article 8. (E/CONF.2/0.2/A/1)
3, Examination of amendments to Articles 9 et seq. (E/CONF.2/C.2/9)
DEUXIEME COMMISSION DEVELOPPEMENT ECONOMIQUE
ORDRE DU JOUR DE LA SIXIEME SEANCE
qui se tiendra le jeudi 11 décembre 1947 a 16 h.
1. Examen du projet relatif au mandat et à la composition do la Sous-
Commission mixte des Deuxième et Sixième Commissions (document
E/CONF.2/C.2/8)
2. Rapport our 1'article 8 soumis par la Sous-Commission A (document
E/CONF.2/C.2/A/1)
3. Examen des amendements à 1'article 9 et aux articles suivants
(document E/CONF.2/C.2/9). |
|
GATT Library | kh498vw6790 | Second Committee: Economic Development : Annotated agenda prepared by the Secretariat for the discussion of chapter III of the draft chapter | United Nations Conference on Trade and Employment, December 4, 1947 | 04/12/1947 | official documents | E/CONF.2/C.2/6/Corr.1 and E/CONF.2/C.2/1-8 | https://exhibits.stanford.edu/gatt/catalog/kh498vw6790 | kh498vw6790_90040160.xml | GATT_152 | 67 | 479 | United Nations
CONFERENCE
ON
TRADE AND EMPLOYMENT
Nations Unies
CONFERENCE
DU
COMMERCE ET DE L'EMPLOI
UNRESTRICTED
E/CONF.2/C. 2/6/
Corr.1
4 December 1947
ENGLISH ONLY
SECOND COMMITTEE: ECONOMIC DEVELOPMENT
ANNOTATED AGENDA PREPARED BY THE SECRETARIAT FOR THE DISCUSSION OF
CHAPTER III OF THE DRAFT CHAPTER
Page 5 (Czechoslovak amendment to Article 12)
In line 5 of the explanation, insert the word "direct" between the
words "admit" and "investments". |
|
GATT Library | yj800tk4931 | Second Committee: Economic Development : Appointment of Sub-Committee on Article 12 | United Nations Conference on Trade and Employment, December 23, 1947 | 23/12/1947 | official documents | E/CONF.2/C.2/21 and E/CONF.2/C.2/9-28 | https://exhibits.stanford.edu/gatt/catalog/yj800tk4931 | yj800tk4931_90040213.xml | GATT_152 | 103 | 899 | United Nations Nations Unies UNRESTRICTED
CONFERENCE CONFERENCE E/CONF.2/C.2/21
ON DU 23 December 1947
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI
ORIGINAL: ENGLISH
SECOND COMMITTEE: ECONOMIC DEVELOPMENT
APPOINTMENT OF SUB-COMMITTEE ON ARTICLE 12
1. At the thirteenth meeting of the Second Committee, 23 December 1947,
the Chairman appointed a Sub-Committee to consider the text of Article 12
and the amendments relating thereto, in order to prepare a text for
submission to the full Committee.
2. The representatives of the following Delegations were appointed
members of the Sub-Committee:
Australia
Brazil
Canada
Ceylon
Czechoslovakia
Egypt
India
Mexico
Netherlands
New Zealand
Sweden
United Kingdom
United States
Venezuela |
|
GATT Library | yb727vd0308 | Second Committee: Economic Development : Appointment of Sub-Committee on Articles 13 and 14 | United Nations Conference on Trade and Employment, December 31, 1947 | 31/12/1947 | official documents | E/CONF.2/C.2/27 and E/CONF.2/C.2/9-28 | https://exhibits.stanford.edu/gatt/catalog/yb727vd0308 | yb727vd0308_90040219.xml | GATT_152 | 107 | 826 | United Nations
CONFERENCE
ON
TRADE AND EMPLOYMENT
Nations Unies UNRESTRICTED
CONFERENCE E/CONF.2/C. 2/27
DU 31 December 1947
COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH
SECOND COMMITTEE: ECONOMIC DEVELOPMENT
APPOINTMENT OF SUB-COMMITTEE ON ARTICLES 13 AND 14
At the sixteenth meeting of Committee II the Chairman appointed a
Sub-Committee with terms of reference and membership as follows:
"To examine and submit recommendations to Committee II
concerning the proposals on Articles 13 and 14 with authority to consult,
if considered necessary, with the Sub-Committee of Committee III on Articles
20 and 22."
Iraq
Mexico
Netherlands
Norway
Philippines
United Kingdom
United States
Uruguay
Argentina
Australia
Brazil
Canada
China
Colombia
Cuba
India |
|
GATT Library | sv054sj8432 | Second Committee: Economic Development. Article 15 : Note by acting Chairman of Committee II | United Nations Conference on Trade and Employment, December 15, 1947 | 15/12/1947 | official documents | E/CONF.2/C.2/14 and E/CONF.2/C.2/9-28 | https://exhibits.stanford.edu/gatt/catalog/sv054sj8432 | sv054sj8432_90040206.xml | GATT_152 | 179 | 1,309 | UNITED Nations Nations Unies
CONFERENCE CONFERENCE E/CONF.2/C.2/14
ON DU 15 December 1947
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL:
SECOND COMMITTEE: ECONOMIC DEVELOPMENT
ARTICLE 15
Note by Acting Chairman of Committee II
1. At the fourth meeting of Committee III it was agreed, subject to
the concurrence of Committee II, to establish a Joint Sub-Committee
of Committees II and III regarding Articles 15, 16 (2) (3) and 42
with terms of reference as follows:
"To consider and submit recommendations to both Committees
regarding Articles 15, 16 (2) and (3) and 42 and the relevant
proposals and amendments submitted in relation thereto with a
view to finding a solution of the question of new preferential
arrangements, including those for purposes of economic development
and reconstruction, and of the maintenance of existing preferences
as an exception from the most-favoured-nation clause."
2. The proposal is submitted to Committee II for its approval. I
also propose that Article 15 be discussed immediately after Article 11
in order that the Joint Sub-Committee may be set up and commence work.
as soon as possible. |
|
GATT Library | fb696tz4355 | Second Committee: Economic Development. Chapter III Economic Development Article 10, paragraph 2 : Note by the Secretariat | United Nations Conference on Trade and Employment, December 1, 1947 | 01/12/1947 | official documents | E/CONF.2/C.2/3 and E/CONF.2/C.2/1-8 | https://exhibits.stanford.edu/gatt/catalog/fb696tz4355 | fb696tz4355_90040155.xml | GATT_152 | 522 | 3,668 | United Nations Nations Unies UNRESTRICTED
CONFERENCE CONFERENCE E/CONF.2/C.2/3
ON DU 1 December 1947
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH
SECOND COMMITTEE: ECONOMIC DEVELOPMENT
CHAPTER III ECONOMIC DEVELOPMENT
ARTICLE 10, PARAGRAPH 2
Note by the Secretariat
1. This paragraph is concerned with the provision of advice and assistance
with regard to economic development plans.
2. At its London Session, the Preparatory Committee made a draft of this
paragraph as follows:
"The Organization, at the request of any Member, shall advise
such Member concerning its plans for economic development and, within
its competence and resources, shall provide such Member with technical
assistance in completing its plans and carrying out its programmes."
(Article 11, paragraph 3 of the draft charter as approved by the
London session).
3. In making the draft, the Preparatory Committee at its London Session
recognized that there were a number of Organizations concerned with economic
development, suggested that the Economic and Social Council would shortly
be considering the question of the appropriate division among various
agencies of responsibilities "not yet allocated in the field of economic
development". The submission of the Preparatory Committee at its London
Session is set out in Section J of Chapter II and in Annex 8 of its report
(document E/PC/T/33).
"THE ECONOMIC AND SOCIAL COUNCIL,
HAVING CONSIDERED the request of the Preparatory Committee of
the United Nations Conference on Trade and Employment contained in
Annex 8 of the report of its first session.
IS OF THE VIEW THAT it would be appropriate for the ITO to
assume the functions relating to economic development as described
in Article 11, paragraph 3 of the draft charter appended to the
above-mentioned report. The Council expects that careful consideration
will be given by the United Nations Conference on Trade and Employment
to the final formulation of this paragraph in the light of the agreed
purposes and functions of the ITO, bearing in mind
/(a) The terms Page 2 E/CONF.2/C.2/3
(a) The terms of reference established by the Council for the
Economic and Employment Commission and its Sub-Commission on
Economic Development, and
(b) The responsibility in this field of inter-governmental
organizations which are now, or are qualified to be specialized
agencies under Article 57* of the United Nations Charter."
4. The terms of reference of the Economic and Employment Commission and
of the Sub-Commission on Economic Development as well as notes on the
responsibilities and activities of the United Nations in the field of
economic development are to be found in document E/CONF.2/C.2/4
5. An informal note on the functions and activities of the specialized
agencies of the United Nations in the field of economic development is
available as document E/CONF.2/C.2/4.
*Article 57 of the Charter of the United Nations reads as follows:
"1. The various specialized agencies, established. by inter-governmental
agreement and having wide international responsibilities, as defined in
their basic instruments, in economic, sociaL, cultural, educational
health and related fields, shall be brought into reIationship with the
United Nations in accordance with the provisions of Article 63.
.
2. Such agencies thus brought into relationship with the United Nations are inafter reffered to as specialized agencies |
|
GATT Library | vv145cv7940 | Second Committee: Economic Development : Communication from International Bank for Reconstruction and Development | United Nations Conference on Trade and Employment, December 11, 1947 | 11/12/1947 | official documents | E/CONF.2/C.2/11 and E/CONF.2/C.2/9-28 | https://exhibits.stanford.edu/gatt/catalog/vv145cv7940 | vv145cv7940_90040203.xml | GATT_152 | 752 | 5,105 | United Nations Nations Unies
CONFERENCE CONFERENCE
ON DU E/CONF.2/C.2/11
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI 11 December 1947
ORIGINAL: ENGLISH
SECOND COMMITTEE: ECONOMIC DEVELOPMENT
COMMUNICATION FROM INTRNATIONAI BANK FOR RECONSTRUCTION AND DEVELOPMENT
Following telegram dated 9 December 1947 received by Mr. Ramon Beteta,
Chairman of Committee II from Mr. Robert L. Garner, Vice-President of the
International Bank for Reconstruction and Development:
Reference is made to amendment to Article 10 of Charter proposed
by Turkish delegation and providing that "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". As Chairman of the Second
Committee. on Economic Development, it will be appreciated if you will
Inform the Committee of the Bank's views on this proposal which are
as follows:
I. As an inter-governmental organization the Bank is in the peculiar.
position that while it is the agency of its member governments
nevertheless its success is vitally dependent upon the degree of
confidence it enjoys in the private capital markets. The bank can
only obtain the substantial sums it requires to carry out its
responsibilities for financing reconstruction and development by
selling its bonds in the private market. Any suggestion that the
Bank was not free to exercise its own indepéndent judgment on loan
applications or that it was legally or morally compelled to accept
the recommendations of some other agency or body could seriously
undermine the Bank's ability to sell its bonds to private investors.
This would defeat the Bank's objectives of facilitating
reconstruction and development.
II. The Bank understands that it was not the intention of the
Proponents of the Turkish amendment to limit the independence of the
Bank. However, this understanding is not shared by investors who
View the right to make recommendations with suspicion and with the
fear that the recommendations may only be diplomatic language
equivalent to the right of ITO to issue directives to the Bank on
loan applications.
III. The Bank is controlled by its forty-five member governments
/through the E/CONF. 2/C.2/11
Page 2
through the instrumentality of its Board of Governors and the
thirteen Executive Directors selected by them. Therefore, there is
no need for member governments to communicate their views and
recommendations to the Bank through another inter-governmental agency
such as ITO. Any such views can be expressed directly to the Bank
by such governments who possess the constitutional power to direct the
Bank's actions.
IV. Precisely this same issue came up between the Bank and the
Economic and Social Council in negotiating the agreement between the
United Nations and the Bank. After most careful study the Economic
and Social Council agreed with the Bank's position which is embodied
as Article 4 of such agreement. Article 4 provides:
"1. The United Nations and the Bank shall consult together and
exchange views on matters of mutual interest.
2. Neither Organization nor any of their subsidiary bodies will
present any formal recommendations to the other without
reasonable prior consultation with regard thereto. Any formal
recommendations made by either Organization after such
consultation will be considered as soon as possible by the
appropriate organ of the other.
3. The United Nations recognizes that the action to be taken.
by the Bank on any loan is a matter to be determined by the
independent exercise of the Bank's own judgment in accordance
with the Bank's articles of agreement. The United Nations
recognizes therefore, that it would be sound policy to refrain
from making recommendations to the Bank with respect to
particular loans or with respect to terms or conditions of
financing by the Bank. The Bank recognizes that the United
Nations and its organs may appropriately make recommendations
with respect to the technical aspects of reconstruction or
development plans programs or projects."
This agreement was approved by the General Assembly of the United
Nations at its last session. The Bank believes nothing in the ITO
Charter should go beyond Article 4 of such agreement.
V. On the other hand the Bank does wish to emphasize its perfect
willingness to consult informally with ITO on all problems of mutual
interest including in particular problems relating to the financing
of programs for economic development. However, it is our firm belief
that this end can be achieved most effectively by the development of
/sound E/CONF.2/C.2/11
Page 3
sound working relationships between the two agencies rather than
by stipulations in the ITO Charter.
Your co-operation in informing the Committee of the Bank's views
is sincerely appreciated. |
|
GATT Library | rw594dz0665 | Second Committee: Economic Development : Corrigendum | United Nations Conference on Trade and Employment, December 11, 1947 | 11/12/1947 | official documents | E/CONF.2/C.2/10/Corr.1 and E/CONF.2/C.2/9-28 | https://exhibits.stanford.edu/gatt/catalog/rw594dz0665 | rw594dz0665_90040202.xml | GATT_152 | 41 | 332 | United Nations
CONFERENCE
ON
TRADE AND EMPLOYMENT
Nations Unies
CONFERENCE UNRESTRICTED E/CONF.2/C. 2/10/
DU Corr.1
COMMERCE ET DE L'EMPLOI 11 December 1947
ENGLISH ONLY
SECOND COMMITTEE, ECONOMIC DEVELOPMENT
CORRIGENDUM
For title -of English version of document E/CONF.2/C.2/10 read:
Agenda for Meeting. |
|
GATT Library | hc949gq6222 | Second Committee: Economic Development : Corrigendum to the proposed amendment of Peru | United Nations Conference on Trade and Employment, December 31, 1947 | 31/12/1947 | official documents | E/CONF.2/C.2/9/Add.5/Corr.1 and E/CONF.2/C.2/9-28 | https://exhibits.stanford.edu/gatt/catalog/hc949gq6222 | hc949gq6222_90040200.xml | GATT_152 | 107 | 771 | United Nations
CONFERENCE
ON
TRADE AND EMPLOYMENT
Nations Unies
CONFERENCE
DU
COMMERCE ET DE L'EMPLOI
UNRESTRICTED
E/CONF.2/C.2/9/
Add.5/Corr.1
31 December 1947
ENGLISH - FRENCH
ORIGlNAL: ENGLISH
SECOND COMMITTEE: ECONOMIC DEVELOPMENT
CORRIGENDUM TO THE PROPOSED AMENDMENT OF PERU
Instead of the words "In line
substitute the following:
"Between lines 8 and 9 (after
sentence."
DEUXIEME COMMISSION
RECTIFICATIF A LA PROPOSITION
14 insert the following sentence"
the first sentence) insert the following
_ _ _
: DEVELOPPEMENT ECONOMIQUE
D'AMENDEMENT PRESENTEE PAR LE PEROU
Remplacer les mots "à la dix-neuvième ligne, ajouter le phrase suivante:
par les mots:
"à la onzième ligne, (après la première phrase) ajouter la phrase
suivante:" |
|
GATT Library | rf338gk8468 | Second Committee: Economic Development : Corrigendum to the revised annotated agenda prepared by the Secretariat for the discussion of chapter III of the draft charter | United Nations Conference on Trade and Employment, December 11, 1947 | 11/12/1947 | official documents | E/CONF.2/C.2/9/Corr.1 and E/CONF.2/C.2/9-28 | https://exhibits.stanford.edu/gatt/catalog/rf338gk8468 | rf338gk8468_90040191.xml | GATT_152 | 127 | 851 | United Nations
CONFERENCE
ON
TRADE AND EMPLOYMENT
Nations Unies
CONFERENCE
DU
COMMERCE ET DE L'EMPLOI
UNRESTRICTED
E/CONF.2/C. 2/9/
Corr.1
11 December 1947
ENGLISH - FRENCH
ORIGINAL: FRENCH
SECOND COMMITTEE: ECONOMIC DEVELOPMENT
CORRIGENDUM TO THE REVISED ANNOTATED AGENDA PREPARED
BY THE SECRETARIAT FOR THE DISCUSSION OF CHAPTER III
OF THE DRAFT CHARTER
The text of the amendment proposed by the delegation of Turkey and
appearing on page 63 of document E/CONF.2/C.2/9 should be placed at the
end of Article 14.
DEUXIEME COMMISSION: DEVELOPPEMENT ECONOMIQUE
CORRIGENDUM AU NOUVEL ORDRE DU JOUR ANNOTE
PREPARE PAR LE SECRETARIAT EN VUE DE, LA
DISCUSSION DU CHAPITRE III DU PROJET DE CHARTE
Placer 1'amendement proposé par la délégation turque, figurant a
la page 55 du document E/CONF.2/C.2/9, a la fin de l'article 14. |
|
GATT Library | qf525vz1885 | Second Committee: Economic Development : Corrigendum to the revised annotated agenda prepared by the Secretariat for the discussion of chapter III of the draft charter. (document E/CONF .2/C.2/9) | United Nations Conference on Trade and Employment, December 30, 1947 | 30/12/1947 | official documents | E/CONF.2/C.2/9/Corr.5 and E/CONF.2/C.2/9-28 | https://exhibits.stanford.edu/gatt/catalog/qf525vz1885 | qf525vz1885_90040198.xml | GATT_152 | 162 | 1,236 | United Nations Nations Unies UNRESTRICTED E /CONF.2/C.2/9/
CONFERENCE CONFERENCE Corr.5 30 December 1947
ON DU ENGLISH - FRENCH
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH
SECOND COMMITTEE: ECONOMIC DEVELOPMENT
CORRlGENDUM TO THE REVISED ANNOTATED AGENDA PREPARED BY THE SECRETARIAT
FOR THE DISCUSSION OF CHAPTER III OF THE DRAFT CHARTER.
(DOCUMENT E/CONF .2/C .2/9)
The proposal of the Argentine Delegation contained in document
E/CONF.2/11/Add.3 to delete paragraph 2 of Article 14 was omitted
from the Revised Annotated Agenda (E/CONF.2/C.2/9). It should appear
on pages 59 and 60 of this document.
DEUXIEME COMMISSION: DEVELOPPEMENT ECONOMIQUE
CORRIGENDUM AU NOUVEL ORDRE DU JOUR ANNOTE PREPARE PAR LE SECRETARIAT
EN VUE DE LA DISCUSSION DU CRAPTTRE III DU PROJET DE CHARTE
(Document E/CONF.2/C.2/9)
Dans le nouvel ordre du jour annoté (document E/CONF.2/C.2/9),
la proposition de la délégation de l'Argentine (document E/CONF.2/11/Add.3)
visant à supprimer le paragraphe 2 de l'article 14, a été omise. Ello
doit figure à la page 52 de cet ordre du Jour. |
|
GATT Library | gn943xj4748 | Second Committee: Economic Development. Draft charter. Afghanistan: Proposed amendment : Amendment to Article 12, Paragraph 1 (proposed by Afghanistan Delegation as amendments to amendments by United States, Argentina, and Czechoslavakia) | United Nations Conference on Trade and Employment, December 7, 1947 | 07/12/1947 | official documents | E/CONF.2/C.2/6/Add.19 and E/CONF.2/C.2/1-8 | https://exhibits.stanford.edu/gatt/catalog/gn943xj4748 | gn943xj4748_90040183.xml | GATT_152 | 156 | 1,232 | UNRESTRICTED
United Nations Nations Unies E/CONF.2/C.2/6/
Add. 19
CONFERENCE CONFERENCE 7 December 1947
DU ORGINAL: ENGLISH
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI
SECOND COMMITTEE: ECONOMIC DEVELOPMENT
DRAFT CHARTER
AFGHANISTAN: PROPOSED AMENDMENT
Amendment to Article 12, Paragraph 1 (Proposed by Afghanistan Delegation as
Amendments to Amendments by United States, Argentina,
and Czechoslavakia)
Paragraph 1 is amended by adding to it the following sentence:
"Reasonable measures to ensure participation by the nationals
of a Member in the future expansion of any branch of economic
activity within ts territories through increased foreign investment
shall not be deemed to be in conflict with the obligations assumed
under this Article; Provided that, if the nationals of other Members
whose interests are materially affected believe that the measure
taken is inconsistent with the provisions of this Article, the Member
taking the measure will provide adequate opportunity for consultation
with a view to reaching a satisfactory settlement with the affected
nationals. " |
|
GATT Library | fm343nx8763 | Second Committee: Economic Development. Draft charter. Chile: Proposed amendments | United Nations Conference on Trade and Employment, December 9, 1947 | 09/12/1947 | official documents | E/CONF.2/C.2/9/Add.1 and E/CONF.2/C.2/9-28 | https://exhibits.stanford.edu/gatt/catalog/fm343nx8763 | fm343nx8763_90040192.xml | GATT_152 | 274 | 1,987 | United Nations Nations Unies UNRESTRICTED
CONFERENCE CONFERENCE E/CONF.2/C.2/9/
ON DU Add.1 9 December 1947
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ENGLISH ORIGINAL:SPANISH
SECOND COMMITTEE: ECONOMIC DEVELOPMENT DRAFT: CHARTER
Chapter III - Article 13
Add. a paragraph 2 bis, as follows:
In making a decision under Article 14 on the maintanance of
measures existing on the day of the signature of the Charter, the
Organization shall authorize such measures if they are essential elemente
of the national economy and if their withdrawal might seriously jeopardize
the existence of national industries, the equilibrium of the balace of
payments or the maintenance on a sound footing of the national finances
of the Member concerned."
After paragraph 4, sub-paragraph (a), add a sub-paragraph (a) bis, as
follows:
"In the case of industrially under-developed countries,
proved that the industries affected have a logical.economic Basis
or that their existence influences employment opportunities for the
population, allows the workers' standard of living to be raised or
influences the country's balance or payments, and that the withdrawal of
the protective measures might seriously threaten their existence, the
Organization shall concur in such measures."
Add a paragraph 6, as follows:
"If a Member considers that the Organization's decision is not in
accordance with the letter or the spirit of the Charter, and that the
situation or the considerations put forward, by the Member have not been
duly appreciated a taken into account, the Member may have recourse to
the procedure laid down in Chapter VIII."
Re-word the beginning of paragraph 3, sub-paragraph (c), as follows:
"Upon substantial agreement being reached, the Organization shall
release the applicant Member..." (rest of the sub-paragraph unaltered.) |
|
GATT Library | vb189hs9204 | Second Committee: Economic Development. Draft charter. Chile: Proposed amendments | United Nations Conference on Trade and Employment, December 3, 1947 | 03/12/1947 | official documents | E/CONF.2/C.2/6/Add.4 and E/CONF.2/C.2/1-8 | https://exhibits.stanford.edu/gatt/catalog/vb189hs9204 | vb189hs9204_90040165.xml | GATT_152 | 817 | 5,694 | United Nations Nations Unies UNRESTRICTED
CONFERENCE CONFERENCE E/CONF.2/C.2/6/
ON DU Add.4
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI 3 December 1947
ORIGINAL: SPANISH
SECOND COMMITTEE: ECONOMIC DEVELOPMENT
DRAFT CHARTER
CHILE: PROPOSED AMENDMENTS
CHAPTER III
Article 11
Paragraph 1
Amend the first sentence, as follows:
"1. Progressive Industrial and general economic development requires,
among other things, adequate supplies of capital funds, materials,
modern equipment and technology, technical and managerial skills,
stable markets and economic prices,"
Paragraph 2
Amend the beginning of the paragraph as follows:
"2. In order to stimulate and assure the provision and exchange of
facilities for industrial and general economic development, the Members
undertake: (a) to notify the Organization in the event of a shortage
of consumer goods or goods essential for the maintenance of established
industries and to consult with countries having a substantial interest
in the importation of such goods in order to reserve an essential
minimum supply for them; (b) to prevent all speculation in consumer
goods of vital Importance to other Member countries; (c) not to take
unreasonable ... etc." (remainder of paragraph as in present Draft).
Insert a new Article 11 (a)
"1. The Members undertake to facilitate by all means in their power:
(a) the industrial development of the raw materials constituting the
basic production of the industrially under-developed countries;
(b) the establishment in such countries of new Industries and the
expansion of, the industries already established there which are
appropriate to local economic conditions and which contribute to the
attainment of a higher level of consumption both nationally and
internationally; (c) the importation into their territories and the
sale at economic prices and in adequate quantities of the natural or
manufactured Products, the export of which is essential for the
stability of the national economies and for raising standards of living
and labour in other Member countries.
/"2. Members E/CONF.2/C.2/6/Add.4
Page 2
"2. Members shall, for this purpose, supply one another, in accordance
with the provisions of Article 11, paragraph 1, with technical skills,
production goods and the necessary credits.
"3. The Organization shall study and propose to Members procedures and
measures adequate (a) progressively to eliminate any unwarranted disparity
between the prices of raw materials and the prices of manufactured
products; (b) to facilitate the knowledge, employment and reciprocal
use of industrial patents, among Member States, on fair commercial terms."
Article 12
Insert a new paragraph 2 as follows:
"2. In accordance with the provisions of paragraph 1, Members with
a favourable balance of payments and plentiful supplies of capital shall
take the necessary steps to facilitate the obtaining of adequate long-
and-short-term credits, on the basis of the provisions of paragraphs 3
and 4 of this Article, by countries which request them and shall ensure
that the interest and amortization rates are fair, having regard to
the rates prevailing in the capital market and the risks involved in
such transactions."
The present paragraph 2 thus becomes paragraph 3, and paragraph 3
becomes 4.
Add the following sentence at the end of the last paragraph:
"In realizing such co-operation, satisfaction shall, wherever
possible, be given to the desire of national capital to have a proper
share in the financing, management and administration of the enterprises
concerned."
Add a new paragraph 5 as follows:
"5. The Organization shall establish organs or procedures suitable for
the collection and centralization of information regarding the supply
and volume of private capital available and the requirements, conditions
and possibilities of the countries requiring such capital, in order to
effect contact between capitalists wishing to make investments and
enterprises requiring capital and to facilitate and control the operation
and application of the provisions of this Article.
Local bodies including members of the associations representing
industry, trade and banking in the various countries shall serve as
liaison organs to facilitate the collection of the information referred
to in this Article.
Article 15
Amend Article 15 as follows:
"1. The Members recognize that special circumstances may justify new
preferential arrangements between two or more countries not contemplating
/a customs E/CONF.2/C. 2/6/Add.4
Page 3
a customs union, in the interest of the programmes of economic
development or reconstruction of one or more such countries.
2. The provisions of Article 16, paragraph 1, shall, therefore, not
apply to preferences in force between adjacent countries whose economic
or industrial development is inadequate or backward and which are or
will be parties to arrangements made to facilitate or accelerate their
economic or industrial development; their economies may be interlocked
in order to apply industrial processes which are of special and
reciprocal interest to them and to provide them with a sound and adequate
basic market.
3. Any Member or Members contemplating such an arrangement shall
notify the Organization thereof and shall transmit to it a written
statement of the considerations in support of the adoption of the
arrangement. This statement shall be communicated by the Organization
to all Members. |
|
GATT Library | zr324dr4841 | Second Committee: Economic Development. Draft charter. Chile: Proposed amendments : Corrigenda | United Nations Conference on Trade and Employment, December 8, 1947 | 08/12/1947 | official documents | E/CONF.2/C.2/6/Add.4/Corr.1 and E/CONF.2/C.2/1-8 | https://exhibits.stanford.edu/gatt/catalog/zr324dr4841 | zr324dr4841_90040166.xml | GATT_152 | 202 | 1,519 | United Nations Nations unies UNRESTRICTED
CONFERENCE CONFERENCE E/CONF.2/C.2/6/ Add.4/Corr.1
ON DU 8 December 1947
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ENGLISH : ONLY
SECOND COMMITTEE: ECONOMIC DEVELOPMENT
DRAFT CHARTER
CHILE: PROPOSED AMENDMENTS
CORRIGENDA
CHAPTER III
Article 11
Paragraph 1
The last line of the first sentence as amended should read "stable
markets and renumerative prices" not "stable markets and economic prices".
New Article 11 (a)
The beginning of sub-paragraph (c) of paragraph 1 should read "the
importation into their territories and the sale at renumerative prices"
instead of "the importation into their territories and the sale at economic
prices".
Article 12
Proposed new Paragraph 5
The last word in the second line should be "availability" and not
"supply".
Article 15
Proposed Paragraph 2
This paragraph should read:
"The provisions of Article 16, paragraph 1, shall therefore,
not apply to preferences between adjacent countries whose economic
and industrial development is insufficient or backward and which are
or will be parties to arrangements made to facilitate or accelerate
their economic or industrial development, permitting their economies
to be complemented so as to assure industrialization plans which are
of particular and reciprocal interest to them and provide them with
a sound and adequate market." |
|
GATT Library | yw113kn0515 | Second Committee: Economic Development. Draft charter. Chile: Proposed amendments : Corrigendum | United Nations Conference on Trade and Employment, December 12, 1947 | 12/12/1947 | official documents | E/CONF.2/C.2/9/Add.1/Corr.1 and E/CONF.2/C.2/9-28 | https://exhibits.stanford.edu/gatt/catalog/yw113kn0515 | yw113kn0515_90040193.xml | GATT_152 | 55 | 398 | United Nations
CONFERENCE
ON
TRADE AND EMPLOYMENT
Nations Unies
CONFERENCE
DU
COMMERCE ET DE L'EMPLOI
UNRESTRICTED
E/CONF. 2/C.2/9/
Add. 1/Corr. 1
12 December 1947
ENGLISH ONLY
SECOND COMMITTEE: ECONOMIC DEVELOPMENT
DRAFT CHARTER
CHILE: PROPOSED AMENDMENTS
CORRIGENDUM
Line 12
At the end of line 12, after the words "industrially
under-developed countries" add the words "it is". |
|
GATT Library | nr540jx3806 | Second Committee: Economic Development. Draft charter. Colombia: Proposed addition and amendment | United Nations Conference on Trade and Employment, December 3, 1947 | 03/12/1947 | official documents | E/CONF.2/C.2/6/Add.3 and E/CONF.2/C.2/1-8 | https://exhibits.stanford.edu/gatt/catalog/nr540jx3806 | nr540jx3806_90040164.xml | GATT_152 | 0 | 0 | ||
GATT Library | xw650wv0938 | Second Committee: Economic Development. Draft charter. Colombia: Proposed addition and amendment | United Nations Conference on Trade and Employment, December 3, 1947 | 03/12/1947 | official documents | E/CONF.2/C.2/6/Add.3 and E/CONF.2/C.2/1-8 | https://exhibits.stanford.edu/gatt/catalog/xw650wv0938 | xw650wv0938_90040164.xml | GATT_152 | 797 | 5,487 | United Nations Nations Unies UNRESTRICTED
CONFERENCE CONFERENCE E/CONF. 2/C.2/6/
DU 3 December 1947
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH
SECOND COMMITTEE: ECONOMIC DEVELOPMENT
DRAFT CHARTER
COLOMBIA: PROPOSED ADDITION AND AMENDMENT
To Be Added as a New Article After Article 12: "Special Rules Relating to
Countries in an Early Stage of Economic Development".
1. With a view to promoting, in countries still in an early stage of
economic development, the full utilization of their human and natural resources,
the member countries undertake to adopt by means of bilateral treaties or
multilateral conventions of a regional nature, under the auspices of the
Organization, or of existing regional organizations, the following measures:
(a) The creation of technical institutions to be maintained with funds
supplied by such countries as may participate in their constitution,
proportionally to the national income of each country, to fulfill, in
respect of countries still in an early stage of economic development,
the following functions:
(i) To study of its own Initiative or at the request of any
interested country, the natural resources of such country
including minerals, soils, forestry, fuels and hydraulic force,
and to formulate and place at the disposal of the country
concerned, plans for the adequate use or such resources.
(ii) At the request of any interested country, to study the
possibilities of its Industrial development, from the point of
view of available raw materials as well as from a technical and
commercial point of view; formulate general plans for its
industrialization, or special plans for the development or
improvement of any of its particular industries, or consider
and report on any plans of such nature which may be submitted
to the Institution by the interested country; assist the
country concerned in the planning and establishing of
manufacturing industries, and generally to supply to any
interested country adequate technical assistance in matters
connected with its industrial development.
/(iii) To render E/CONF.2/C.2/6/Add. 3
Page 2
(iii) To rende to any interested country all necessary technical
assistance in matters connected with the preservation of its
soil, forests and waters, irrigation and drainage, cultivation
of new products and exploitation of mineral respurces and
fuels.
(iv) To promote, to the highest possible extent, by means of the
creation of appropriate establishments, and the support and
improvement of those already existing, the preparation of
technical and skilled labour in mining, agricultural and
manufacturing industries, and to co-operate in the solving
of all scientific and technical problems concerning the raising
of the physiological and cultural level of workers.
(v) To render technical assistance to any interested country in
the improving of its systems of transportation and
communications, and in the planning of new facilities of this
nature.
(vi) To serve as an organ of co-ordination and promotion of private
investments of an international character. To arry out Any
work of inspection, investigation or exploration in the
territory of any country, the Institution shall require express
authority from the Government of that country.
(b) The co-ordination of systems of taxation in such form as to promote
the flow of private investments to countries still in an early stage of
economic development, on the basis of the principle that income can only
be taxed in the country in which it is effectively produced, and
properties in the country in which they are situated.
2. Members recognize that in the absence of a normal and adequate flow of
private international investments, the action of international agencies of
a financial and monetary nature should be complemented by means of
inter-governmental agreements regarding loans for monetary stabilization
and economic development. The Organization may formulate recommendations
regarding financial co-operation between governments with a view to
eliminating or reducing the necessity of using restrictive measures.
3. The Organization shall take into account in the exercise of its powers,
whether or not a member country whose interests may be specially affected
in any decision the Organization may be called upon to give, has obtained
reasonable co-operation from other members or existing inter-governmental
organizations.
/Amendment E/CONF. 2/C . 2/6/Add. 3
Page 3
Amendment to Article 13 - Chapter III
To be added after point (a), paragraph 4:
"The Organization shall not withhold consent, and shall consequently
release the applicant member from any obligation under such provision
when that member can show that, in the relatively undeveloped stage of
its industrial resources, the proposed measures are indispensable to
ensure either of the following purposes:
(i) to protect within the territory of the country concerned
the industrial transformation of primary commodities produced
in the said territory, or which owing to the natural conditions
of that territory can economically be produced there, and;
(ii) to protect those branches of agricultural production which
constitute the traditional occupation of important groups of
population in the territory of the country concerned." |
|
GATT Library | qx910pc7614 | Second Committee: Economic Development. Draft charter. Cuba: Proposed amendments | United Nations Conference on Trade and Employment, December 5, 1947 | 05/12/1947 | official documents | E/CONF.2/C.2/6/Add.10 and E/CONF.2/C.2/1-8 | https://exhibits.stanford.edu/gatt/catalog/qx910pc7614 | qx910pc7614_90040173.xml | GATT_152 | 584 | 4,077 | United Nations Nations Unies UNRESTRICTED
CONFERENCE CONFERENCE E/CONF.2/C/2/6/Add.10 5 December 1947
ON DU ENGLISH
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: :SPANISH
SECOND COMMITTEE: ECONOMIC DEVELOPMENT
DRAFT CHARTER
CUBA: PROPOSED AMENDMENTS
Article 13
Add the following to paragraph 4 (b):
"The Organization shall also concur in such measure and grant
such release as may be required to make such measure effective when
it is established that any of the basic sectors of the applicant
country's production for export is being adversely affected by
restrictions applied by other Members under any of the exceptions
authorized under Articles 20 and 21, insmuchh as restrictions on
production for export make it still more essential to provide or
increase opportunities for employment in industries intended to
meet the needs of home consumption,i n order to avoid unemployment
of any kind."
Amend paragraph 1, 2 (a), 2(b ,) and 4 (c) of Article13 as follows:
"1. The Members recognize that special governmental assistance may
be required to promote the establishment, maintenance or
reconstruction of particular industries, or particular branches of
agriculture, and that in appropriate circumstances the grant of such
assistance in the form of protective measuresis justified. At the
same time they rcognize that an unwise use of such measure would
impose undue burdens on their own economies, unwarranted restrictions
on international trade and might increase unnecessarily the
difficulties of adjustment for economics of other countries."
"2. (a) If a Memebr in the interest of its programme of economic
development, maintenance or reconstruction considers it desirable to
adopt any non-dsicriminatory measure which would conflict with any
provision of Chapetr IV or with any obligation which the Memebr has
assumed through negotiations with any other Member or Member
pursuant to Chapter IV, such applicant shall so notify the
Organization and shall transmit to the Organization a written
statement of the considerations in support of the adoption of the
/proposed measur.e" Page 2
Proposed measure."
"2. (c). The Organization shall then promptly examine the proposed
measure to determine whether it concurs in it, with or without
modification, and shall in its examination have regard to the
provisions of this Chapter, to the considorations presented by the
applicant Member and its stage of economic development, including
the maintenance or reconstruction of its economy, to the views
presented by Members which may be substantially affected and to the
effect which the proposed measure, with or without modification, is
likely to have on international trade."
"4. (c). If in anticipation of the concurrence of the Organization
in the adoption of a measure concerning which notice has been given
under paragraph 2 of this Article, other than a measure provided for
in paragraph 3 (a) of this Article, there should be an increase or
threatened increase in the importations of the product or products
concerned, including products which can be directly substituted
therefor, so substantial as to jeopardiue the plans of the applicant
Member for the establishment, development, maintenance or
reconstruction of the industry or industries concerned, or branches
of agriculture concerned, and if no preventive measures consistent
with this Chartor can be found which seem likely to prove effective,
the applicant Member may, after informing, and when praoticable,
consulting with, the Organization, adopt such other measures as the
situation may require ponding a determination by the Organization,
provided that such measures do not reduce imports below the level
obtaining in the most recent representative period preceding the
date on which the Members original notification was made under
paragraph 2 of this Article." |
|
GATT Library | jv442qq6577 | Second Committee: Economic Development. Draft charter. Denmark: Proposed amendment | United Nations Conference on Trade and Employment, December 6, 1947 | 06/12/1947 | official documents | E/CONF.2/C.2/6/Add.15 and E/CONF.2/C.2/1-8 | https://exhibits.stanford.edu/gatt/catalog/jv442qq6577 | jv442qq6577_90040178.xml | GATT_152 | 65 | 452 | United Nations
CONFERENCE
ON
TRADE AND EMPLOYMENT
Nations Unies
CONFERENCE
DU
COMMERCE ET DE L'EMPLOI
UNRESTRICTED
E/CONF.2/C.2/6/
Add. 15
6 December 1947
ORIGINAL: ENGLISH
SECOND COMMITTEE: ECONOMIC DEVELOPMENT
DRAFT CHARTER
DENMARK: PROPOSED AMENDMENT
Article 12
Amend the article to include in the appropriate place the text of
the note on Page 13 beginning with the words:
"A member's obligation...." and the rest of the page. |
|
GATT Library | ht422nq5355 | Second Committee: Economic Development. Draft charter. Ecuador: Explanatory note to amendment of article 13 | United Nations Conference on Trade and Employment, December 12, 1947 | 12/12/1947 | official documents | E/CONF.2/C.2/9/Add.3 and E/CONF.2/C.2/9-28 | https://exhibits.stanford.edu/gatt/catalog/ht422nq5355 | ht422nq5355_90040195.xml | GATT_152 | 164 | 1,241 | United Nations Nations Unies UNRESTRICTED
CONFERENCE CONFERENCE E/CONF.2/C.2/ 9/Add.3
ON DU 12 December 1947
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL ORIGINAL: SPANISH
SECOND COMMITTEE: ECONOMIC DEVELOPMENT
DRAFT CHRTER
ECUADOR: EXPLANATORY NOTE TO AMENDMENT OF ARTICLE 13
Chapter III - Economic Development
Article 13 -Governmental Assistance to Economic Development
The following explanatory note should be added to the amendment proposed
by the delegation of Ecuador and issued as document E/CONF.2/C.2/6/Add.6,
dated 4 December 1947:
The principle underlying the amendment is to allow Members
freedom to take, at their own discretion, such measured as in their
Judgment are necessary and essential in order to give effect to the
assistance referred to in paragraph 1 of Article 13. The Organization
is to intervene upon the request of any Member subsequent to
adoption of such measures, The wording of all the other paragraphs
of Article 13 requires to be amended accordingly if the above
principle is accepted. The modification will be made in the
appropriate Sub-Committee. |
|
GATT Library | pg440zz7569 | Second Committee: Economic Development. Draft charter. Ecuador: Proposed amendment | United Nations Conference on Trade and Employment, December 7, 1947 | 07/12/1947 | official documents | E/CONF.2/C.2/6/Add.21 and E/CONF.2/C.2/1-8 | https://exhibits.stanford.edu/gatt/catalog/pg440zz7569 | pg440zz7569_90040185.xml | GATT_152 | 69 | 515 | United Nations
CONFERENCE
ON
TRADE AND EMPLOYMENT
Nations Unies
CONFERENCE
DU
COMMERCE ET DE L'EMPLOI
UNRESTRICTED
E/CONF.2/0.2/6/
Add.21
7 December 1947
ORIGINAL: SPANISH
SECOND COMMITTEE: ECONOMIC DEVELOPMENT
DRAFT CHARTER
ECUADOR: PROPOSED AMENDMENT
Chapter III - Article 15
Preferential arrangements for economic development
In paragraph 1, replace the words: "by an affirmative vote of
two-thirds of the Members voting".
by: "an affirmative vote of the majority of the Members voting". |
|
GATT Library | ng634xf5537 | Second Committee: Economic Development. Draft charter. Ecuador: Proposed amendments | United Nations Conference on Trade and Employment, December 4, 1947 | 04/12/1947 | official documents | E/CONF.2/C.2/6/Add.6 and E/CONF.2/C.2/1-8 | https://exhibits.stanford.edu/gatt/catalog/ng634xf5537 | ng634xf5537_90040169.xml | GATT_152 | 222 | 1,567 | United Nations Nations Unies
CONFERENCE CONFERENCE UNRESTRICTED E/CONF.2/C.2/6/
ON DU Add.6
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ENGLISH
ORIGINAL: SPANISH
SECOND COMMITTEE: ECONOMIC DEVELOPMENT
DRAFT CHARTER
ECUADOR: PROPOSED AMENDMENTS
CHAPTER III - ECONOMIC DEVELOPMENT
Article 13 - Governmental Assistance to Economic Development
Amend paragraph 2 (a) as follows:
"2. (a) If a Member in the interest of its programme of economic
development or reconstruction considers it desirable to adopt
any non-discriminatory measure which would conflict with any
provision of Chapter IV or with any obligation which the Member
has assumed through negotiations with any other Member or
Members pursuant to Chapter IV, the Member may adopt the measure
with which it is concerned, but shall so notify the Organization
and shall transmit to the Organization a written statement of the
considerations in support of the proposed measure."
Article 14 - Transitional Measures
Amend paragraph 1 (a) as follows:
(a) any such Member which is a signatory of the General Agreement on
Tariffs and Trade shall have notified the other signatory Governments
not later than thirty days prior to the date of deposit of the
instrument of acceptance of each product on which any such existing
measure is to be maintained and of the nature and purpose of such
measure. "
NOTE: The portions which it is sought to amend are underlined. |
|
GATT Library | tq597qg1690 | Second Committee: Economic Development. Draft charter. El Salvador: Proposed amendment | United Nations Conference on Trade and Employment, December 6, 1947 | 06/12/1947 | official documents | E/CONF.2/C.2/6/Add.13 and E/CONF.2/C.2/1-8 | https://exhibits.stanford.edu/gatt/catalog/tq597qg1690 | tq597qg1690_90040176.xml | GATT_152 | 273 | 2,031 | United Nations Nations Unies UNRESTRICTED
E/CONF. 2/C.2/6/
CONFERENCE CONFERENCE Add.13
ON DU 6 December 1947
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: SPANISH
SECOND COMMITTEE: ECONOMIC DEVELOPMENT
DRAFT CHARTER
EL SALVADOR: PROPOSED AMENDMENT
Article 15
The delegation of El Salvador considers that the serious limitation
imposed on national sovereignty is not only unnecessary to attain the
specific purpose of Article 15 of the Charter and the general objectives
of economic development but that the establishment of a time-wasting procedure
prior to the adoption of measures for promoting economic development is
prejudicial to the achievement of such purposes. The delegation of
El Salvador believes that the procedure should be reversed so that the
Organization intervenes only "a posteriori", that is, after the measures
in question have been adopted by a Member, the procedure being put into
effect upon the request of any Member which believes itself to bee affected.
In this way a greater safeguard would be afforded to the traditional principle
of national sovereignty and governmental action would be allowed the greater
flexibility necessary and essential to secure adaptation to changing national
requirements and opportunities for investment. It should be pointed out that
although industrial development requires the contribution of foreign capital
this does not exclude the possibility of using national capital; in the
underdeveloped countries national capital is distinguished by its excessive
fear of taking risks, which means that any time-wasting provisions may
seriously affect a Government's schemes. For the above-mentioned reasons
the delegation of El Salvador proposes an alteration of substance in the
principles on which Chapter III is based, the work of redrafting being left
to the appropriate Sub-Committee. |
|
GATT Library | nd742ry3866 | Second Committee: Economic Development. Draft charter. India: Proposed amendment | United Nations Conference on Trade and Employment, December 5, 1947 | 05/12/1947 | official documents | E/CONF.2/C.2/6/Add.11 and E/CONF.2/C.2/1-8 | https://exhibits.stanford.edu/gatt/catalog/nd742ry3866 | nd742ry3866_90040174.xml | GATT_152 | 237 | 1,651 | United Nations Nations Unies UNRESTRICTED E/CONF.2/C.2/6/
CONFERENCE CONFERENCE Add.11
ON DU 5 December 1947
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH
SECOND COMMITTEE: ECONOMIC DEVELOPMENT
DRAFT CHARTER
INDIA: PROPOSED AMENDMENT
Article 13
(i) In paragraph 2 (a), delete the words "with any provision of
Chapter IV or"
(ii) Delete paragraph 4.
(iii) In paragraph 5 (a) delete the words "In the case of measures
referred to in paragraph 3 of this Article".
(iv) Delete sub-paragraph (b) of paragraph 5, and re-number
paragraph 5 (a) as 4.
(v) Add a new paragraph as follows:
"A Member may, for the establishment, development, or
reconstruction of a particular industry or a particular branch
of agriculture, adopt any non-discriminatory protective measure
which conflicts with the provisions of Articles 18, 20 or 31,
if such measure is the one most suitable for the purpose, having
regard to the economics of the industry or the branch of
agriculture concerned and to the stage of economic development
or reconstruction of the Member; provided that, in any case in
which it is determined that serious prejudice to the interests
of other Members is caused or threatened by any such measure,
the Member applying the measure shall, upon request, discuss
with the Organization the possibility of liberalizing the
measure.
The above amendments are designed to exempt non-discriminatory
measures required for economic development from the procedure laid down
in the existing draft of Article 13. |
|
GATT Library | kq439zk1931 | Second Committee: Economic Development. Draft charter. Iraq: Proposed amendment | United Nations Conference on Trade and Employment, December 7, 1947 | 07/12/1947 | official documents | E/CONF.2/C.2/6/Add.20 and E/CONF.2/C.2/1-8 | https://exhibits.stanford.edu/gatt/catalog/kq439zk1931 | kq439zk1931_90040184.xml | GATT_152 | 137 | 1,090 | United Nations Nations Unies UNRESTRICTED
CONFERENCE CONFERENCE E/CONF.2/C. 2/6/Add.20
ON DU 7 December 1947
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH
SECOND COMMITTEE: ECONOMIC DEVELOPMENT
DRAFT CHARTER
IRAQ: PROPOSED AMENDMENT
Article 13
Paragraph 6 to be added at the end of Article 13:
The Organization shall not raise any objection against any
non-discriminatory protective measure instituted by a Member for
the purpose of its economic development, if a measure of a similar
nature is maintained under similar Conditions by any other Member of
the Organization in accordance with Article 14.
Reason
This will allow under-developed countries facing new problems in the
course of effecting their programmes of development to adopt measures which are
not more restrictive than measures already in force in other Member countries
similarly placed but with the advantage of an earlier start. |
|
GATT Library | gj123ct1233 | Second Committee: Economic Development. Draft charter. Mexico: Proposed amendments | United Nations Conference on Trade and Employment, December 6, 1947 | 06/12/1947 | official documents | E/CONF.2/C.2/6/Add.14 and E/CONF.2/C.2/1-8 | https://exhibits.stanford.edu/gatt/catalog/gj123ct1233 | gj123ct1233_90040177.xml | GATT_152 | 1,481 | 9,908 | UNRESTRICTED
United Nations Nations Unies E/CONF.2/C.2/6/
Add.14
CONFERENCE CONFERENCE 6 December 1947
ON DU ENGLISH
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: SPANISH
SECOND COMMITTEE: ECONOMIC DEVELOPMENT
DRAFT CHARTER
MEXICO: PROPOSED AMENDMENTS
Article 9
Delete the following:
"... through measures consistent with the other provisions of this Charter.
Article 10
Add two new paragraphs, as follows:
"3. The Members recognize the desirability of making such internal
regulations as are necessary to direct the maximum volume of Investment
into productive activites, thus avoiding the diversion of the savings
and resources at their disposal into speculative activities.
"4. In order to perform the functions referred to in paragraphs 1 and 2
of this Article and the other functions envisaged for promoting the
development of the underdeveloped countries, the Organization shall have
a Committee for Economic Development which shall operate in accordance
with the provisions of Article 80-B."
(The delegation of Mexico had proposed a text for Article 80-B in an
amendment submitted separately and the Committee for Economic Development
has been included in Article 70 as one of the organs of the Organization.)
Article 11
Amend as follows:
"1. Progressive industrial and general economic development requires,
among other things, adequate supplies of capital funds, materials, modern
equipment and technology, and technical and managerial skills. The
Members shall make every effort necessary to ensure that the underdeveloped
countries are able to obtain on equitable terms the facilities required
for their economic development.
Delete paragraphs 2, 3 and 4 of the present text and insert the following:
"2. In order to assure just and equitable treatment for investments, the
Organization may make recommendations with a view to securing a statement
of principles as to the conduct, practices and treatment of foreign
investment.
/"3. If E/CONF.2/C 2/6/Add.14
Page 2
"3. If circumstances exist which prevent a Member country from enjoying
equitable participation in the exploitation of its natural resources, the
Member country may apply the necessary corrective measures, including
the organization of joint enterprises in which national capital is
predominant.
"4. In accordance with Article 10, every facility shall be given to the
Committee for Economic Development established under Article 80-B in the
performance of its functions."
Article 12
Delete the present text and insert the following:
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 of
their own legislation, the widest security for existing investments and
opportunities for such investments as may be made in the future.
"2. Any national of a Member country emigrating to a country other than
his country of origin or investing his capital in such country is obliged
to respect the laws of the country to which he emigrates or in which he
invests his capital, and if any difficulties arise shall have recourse to
the facilities for his protection established in that legislation. The
Members undertake not to afford diplomatic protection to any of their
nationals who expressly and voluntarily renounce such protection. Nor
shall protection be granted where one or a group of their nations has
made investments in a foreign country through:
(a) a juridical person having assumed the nationality of that
country, or
(b) an intermediary who either is or claims to be a national of the
country in which the investment is made, no matter what the interests
the intermediary may claim to represent, when the subterfuge has been
adopted with the purpose of evading regulations which in any way
restrict or impose requirements on the participation of aliens in
/specified E/CONF.2/C . 2/6/Add. 14
Page 3
specified activities.
"3. The Members recognize that foreign investment should be made
in a way which not only secures profits for the investors but takes
into account the sound and balanced economic development of the
countries receiving such investment. They also recognize that investment
should preferably be directed towards activities which assist in
correcting the adverse trade balances or increase the transfer capacity
of such countries. To this end the movement of capital and the
reinvestment of profits and sinking funds shall be encouraged by
appropriate measures, including fiscal agreements between the countries
concerned.
"4. The Members shall promote co-operation between their nationals and
foreign enterprises or investors with a view to stimulating economic
development in cases in which they deem such co-operation appropriate."
Article 13
Amend paragraphs 2, 3, 4 end 5 as follows:
"2. (a) If a Member, in the interest of its programme of economic
development or reconstruction, considers it desirable to adopt any
non-discriminatory measure which would conflict with any provision of
Chapter IV or any obligation which the Member has assumed through
negotiations with any other Member or Members pursuant to Chapter IV,
the Member, on adopting such a measure, shall so notify the Organization
and shall transmit to the Organization a statement of the considerations
in support of the measure adopted.
"(b) The Organization shall transmit such statement to all other
Members and any Member which considers that its trade will be
substantially affected by the measure adopted shall transmit its views
to the Organization within such period as shall be prescribed by the
Organization.
"(c) The Organization shall then promptly examine the considerations
in support of the measure adopted to determine whether it concurs in it,
with or without modification, and shall in its examination have regard
to the considerations presented by the applicant Member, its stage of
economic development or reconstruction and the provisions of this
Charter, to the views presented by Members which may be substantially
affected and to the effect which the measure adopted, with or without
modification, is likely to have on international trade.
3. (a) If, as a result of its examination, pursuant to paragraph 2 (c)
of this Article; the Organization concurs in principle-in a measure
adopted, which would be inconsistent with any obligation that the
/applicant E/CONF. 2/c.2/6/Add. 14
Page 4
applicant Member has assumed through negotiations with any other
Member or Members pursuant to Chapter IV, or which would tend to
nullify or impair the benefit to such other Member or Members, the
Organization shall sponsor and assist in negotiations between the
applicant Member and the other Member or Members which would be
substantially affected, with a view to obtaining substantial
agreement. The Organization shall establish and communicate to the
Members concerned a time schedule for such negotiations."
"4. (a) If as a result of its examination pursuant to paragraph 2 (c)
of this Article, the Organization concurs in any measure adopted,
with or without modification, other than those provided for in
paragraph 3 (a) of this Article, which would be inconsistent with
any provision of Chapter IV, the Organization may release the
applicant Member from any obligation under such provision, subject
to such limitations as the Organization may impose.
"(b) If, having reward to the provisions of paragraph 2(e), it is
established in the course of such examination that the measure
adopted is unlikely to be more restrictive of international trade
than any other practicable and reasonable measure permitted under
this Charter which could be imposed without undue difficulty and
that it is the one most suitable for the purpose, having regard
to the economic of the industry or the branch of agriculture
concerned and to the current economic conditions o fthe applicant
Member, the Organization shall concur in the measure adopted and
grant release from such obligations as may be required to make the
measure effective.
5. (a) In the case of measures referred sto in paragraph 3 of this
Article, the Organization shall at the earliest opportunity but
ordinarily within fifteen days after receipt of the statement
referred to in paragraph 2 (a) of this Article, advise the applicant
Member of the date by which the Organization will notify it whether
or not it concurs in principle in the measure adopted, with or
withuot modification.
"(b) If the Organization shall definitely decide that the measure
adopted is not the procedure most suitable for achieving the purpose
proposed by the Member, it shall make sauggestions regarding the
measures wihch may be taken in place of the measure adopted and shall
grant theMember reasonable tima in which to make such change. If
the Member does not comply with the recommendations of the
Organization within the time prescribed, its case shall be considered
in accordance with Article 89 and the other relevant articles of
this Charter." |
|
GATT Library | vg510gt8261 | Second Committee: Economic Development. Draft charter. New Zealand: Proposed amendments | United Nations Conference on Trade and Employment, December 8, 1947 | 08/12/1947 | official documents | E/CONF.2/C.2/6/Add.2 and E/CONF.2/C.2/1-8 | https://exhibits.stanford.edu/gatt/catalog/vg510gt8261 | vg510gt8261_90040186.xml | GATT_152 | 159 | 1,226 | United Nations Nations Unies UNRESTRICTED
CONFERENCE CONFERENCE E/CONF.2/C.2/6/ Add.2
ON DU 8 December 1947
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH
SECOND COMMITTEE: ECONOMIC DEVELOPMENT
DRAFT CHARTER
NEW ZEALAND: PROPOSED AMENDMENTS
Article 12
Add to the end of paragraph 1 of Article 12, the following sentence:
"Nothing in this Article shall be so construed as to permit any
international investment to be made in the territory of a Member
without the prior approval of that Member."
Article 13, Paragraph 1
Between the words "reconstruction of" and "particular industries"
insert the words "or to maintain", so that the first part of the sentence
will now read:
"1. The Members recognize that special Governmental assistance may
be required to promote the establishment, development, or reconstruction
of, or to maintain, particular industries or particular branches of
agriculture..."
Paragraph 4 (c), line 11
After the words "for the", insert: "maintenance".
This is consequential to the amendment proposed above to paragraph 1. |
|
GATT Library | nh223tb6486 | Second Committee: Economic Development. Draft charter. Norway: Proposed amendment | United Nations Conference on Trade and Employment, December 6, 1947 | 06/12/1947 | official documents | E/CONF.2/C.2/6/Add.16 and E/CONF.2/C.2/1-8 | https://exhibits.stanford.edu/gatt/catalog/nh223tb6486 | nh223tb6486_90040179.xml | GATT_152 | 102 | 739 | United Nations
CONFERENCE
ON
TRADE AND EMPLOYMENT
Nations Unies UNRESTRICTED
E/CONF. 2/C .2/6/
CONFERENCE Add. 16
6 December 1947
DU ORIGINAL: ENGILSH
COMMERCE ET DE L'EMPLOI
SECOND COMMITTEE COMMITTEE: ECENOMIC DEVELOPMENT
DRAFT CHARTER
NORWAY: PROPOSED AMENDMENT
Article 11, paragraph 2
It proposed to add to this paragraph the following words:
"wlth the consent or at the request of the Member concerned".
Article 12, pararaph 1
The second sentence to read:
"They recognize that such development would be faciliitated if
Member were to affordinternational , for iternational investments in a form
acceptable to them, reasonable opportunities" etc.
The words underlined to be added. |
|
GATT Library | qc576cq1453 | Second Committee: Economic Development. Draft charter. Pakistan: Proposed amendments | United Nations Conference on Trade and Employment, December 4, 1947 | 04/12/1947 | official documents | E/CONF.2/C.2/6/Add.2/Corr.1 and E/CONF.2/C.2/1-8 | https://exhibits.stanford.edu/gatt/catalog/qc576cq1453 | qc576cq1453_90040163.xml | GATT_152 | 48 | 404 | United Nations
CONFERENCE
ON
TRADE AND EMPLOYMENT
Nations Unies UNRESTRICTED
E/CONF. 2 /C .2/6/
CONFERENCE Add.2/Corr. 1
DU 4 December 1947
COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH
SECOND COMMITTEE: ECONOMIC DEVELOPMENT
DRAFT CHARTER
PAKISTAN: PROPOSED AMENDMENTS
Omit Article 20 and 75 erroneously INCLUDED IN DOCUMENT
E/CONF.2/C. 2/6/Add. 2. |
|
GATT Library | tc383rj4707 | Second Committee: Economic Development. Draft charter. Pakistan: Proposed amendments | United Nations Conference on Trade and Employment, December 3, 1947 | 03/12/1947 | official documents | E/CONF.2/C.2/6/Add.2 and E/CONF.2/C.2/1-8 | https://exhibits.stanford.edu/gatt/catalog/tc383rj4707 | tc383rj4707_90040162.xml | GATT_152 | 416 | 2,842 | United Nations Nations Unies UNRESTRICTED
CONFERENCE CONFERENCE E/CONF.2/C.2/6/Add.2
ON DU 3 December 1947
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH
SECOND COMMITTEE: ECONOMIC DEVELOPMENT
PAKISTAN: PROPOSED AMENDMENTS
1. Article 10
In the last sentence of paragraph 2 of Article 10 add the following:
"Capital goods, equipment and materials".
Reason
The amendment is intended to enlarge the scope of co-operation and
assistance which the Members may seek from the Organization.
2. Article l2 paragraph ( 1)
2. Article 12 paragraph (1)
(a) Between the words "basis for" and "interferenee in" insert the words
"Economic exploitation or".
Reason
This is to provide specifically against any act of exploitation by
the Foreign Investors at the expense of the normal growth of the Member's
economic resources.
(b) The words "widest" and "greatest" occuring in the last sentence of
paragraph (1) may be substituted by the words "Reasonable" and "Adequate"
respectively.
Reason
The use of superlatives gives the impression that foreign investment
is to receive a more favourable treatment than accorded to national
investment.
(c) Article 12 paragraph 2 (a) (iii)
In the last sentence after the words "satisfactory settlement" insert
the words "if possible".
Reason
This is to cover a case where a settlement is not reached.
3. Article 20 paragraph 2 (b)
In the second line after the words "necessary to" add "safeguard the
equilibrium of its economy or".
Reason
A Member must have the right to safeguard the dissipation of its Foreign
Exchange and meagre resources and allow the import of only such merchandise
/as is necessary E/CONF.2/C.2/6/Add.2
Page 2
as is necessary to meet the requirements of its nationals according to
the economic plan of its Government. It may be mentioned here that the
Charter envisages planning by Members in order to achieve the aims set out
in Article 2, and a Member in the special circumstances of its economy
may have to resort to quantitative restrictions on imports and exports.
3. Article 75 Alternative A paragraph (1) (a)
For "India" read "India and Pakistan".
Reason
Throughout the Draft Charter "India" is understood to mean "India"
before partition. Attention is invited to page 59 of the Draft Charter
where India is grouped with other Empire Countries under Annex A and to
Appendix on page 65 where "India" is understood to mean "India" before
partition. Since the preparation of the Draft Charter "British India"
has been divided into two independent and sovereign Dominions and it is
but logical that this amendment is incorporated under Article 75. |
|
GATT Library | yh121zs1028 | Second Committee: Economic Development. Draft charter. Uruguay: Proposed amendments | United Nations Conference on Trade and Employment, December 4, 1947 | 04/12/1947 | official documents | E/CONF.2/C.2/6/Add.5 and E/CONF.2/C.2/1-8 | https://exhibits.stanford.edu/gatt/catalog/yh121zs1028 | yh121zs1028_90040167.xml | GATT_152 | 254 | 1,942 | UNRESTRICTED
United Nations Nations Unies E/CONF. 2/C .2/6/
CONFERENCE CONFERENCE Add. 5 4 December 1947
ON DU ENGLISH
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: SPANISH
SECOND COMMITTEE: ECONOMIC DEVELOPMENT
DRAFT CHARTER
URUGUAY: PROPOSED AMENDMENTS
Chapter III
Article 11, sub-paragraph 1
The first five lines to road as follows:
"progressive industrial and general economic development requires,
among other things adequate supplies of capital funds, materials,
labour modern equipment, methods and technology and technical and
managerial skills."
Article 12
Paragraph 1 should road as follows:
"The Members recognize that international investment, both public
and private, can be of great value in promoting economic development
and consequent social progress."
Delete paragraphs 2 and 3.
Article 13, Paragraph 1
Should be replaced by the following:
"The Members recognize that State assistance may be required to
promote the establishment, development or reconstruction of industrial
and agricultural activities. They also recognize that unjustified
recourse to measures of this nature, apart from impairing their own
economy, would impose unwarranted restrictions on international trade
and might increase unnecessarily the difficulties of adjustment for the
economics of other countries."
Delete paragraphs (2), (3), (4) and (5).
Article 14, Paragraph 1, sub-paragraph (b)
Should be worded as follows:
"Any Member not being a signatory of the General Agreement shall
have signed this Charter and notified the other Governments signing
this Charter within thirty days prior to depositing the instrument of
ratification, of each product on which any such measure is to be
maintained and of the nature and purpose of such measure." |
|
GATT Library | pq844bg5294 | Second Committee: Economic Development. Draft charter. Uruguay: Proposed amendments | United Nations Conference on Trade and Employment, December 8, 1947 | 08/12/1947 | official documents | E/CONF.2/C.2/6/Add.23 and E/CONF.2/C.2/1-8 | https://exhibits.stanford.edu/gatt/catalog/pq844bg5294 | pq844bg5294_90040187.xml | GATT_152 | 442 | 3,063 | United Nations Nations Unies UNRESTRICTED
E/CONF. 2/C.2/6/
CONFERENCE CONFERENCE Add. 23
ON DU 8 December 1947
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ENGLISH
ORIGINAL: FRENCH
SECOND COMMITTEE : ECONOMIC DEVELOPMENT
DRAFT CHARTER
URUGUAY: PROPOSED AMENDMENTS
Article 13
For paragraph 1 substitute the following:
"1. The Members recognize that governmental assistance may be required
to promote the establishment, development or reconstruction of industry
or agriculture. At the same time they recognize that an unwise use of
such measures would, besides being ietrimental to their own economy,
impose unwarranted restrictions on international trade and might increase
unnecessarily the difficulties of adjustment for the economies of other
countries."
For paragraph 2, sub-paragraph (a), substitute the following:
"(a) If a Member, in the interest of its programme of economic development
or reconstruction, has recourse to any non-discriminatory measures which
would conflict with any provision of Chapter IV or with any obligation
which the Member has assumed through negotiations with any other Member
or Members pursuant to Chapter IV, such Member shall notify the
Organization and shall transmit to the Organization a written statement
of the considerations in support of the adoption of the measure."
Delete paragraphs 3, 4 and 5.
Article 14
Paragraph 1- Amend to read as follows:
"1. Any Member may maintain any non-discriminatory protective measure
which has been imposed for the establishment, development or reconstruction
of industry or agriculture, and which is not otherwise permitted by this
Charter; Provided that"
Paragraph 1, sub.paragraph (a) - Amend to read as follows:
"(a) any such Member which is a signatory of the General Agreement on
Tariffs and Trade shall have notified the other signatory Governments not
later than thirty days prior to the day of signature of the Agreement of
such existing measures as are to be maintained and of the nature and
purpose of such measures, and"
/Paragraph 1, E/CONF. 2/C. 2/6/Add. 23
Paragraph 1, sub-paragraph (b) Amend to read as follows:
"(b) any such Member not being a signatory of the General Agreement but
having signed this Charter shall have notified the other Governments
signing this Charter, within the thirty days prior to the deposit of the
instrument of acceptance, of such existing measures as are to be maintained
and of the nature and purpose of such measures, and"
Paragraph 1, sub-paragraph (c) - Amend to read as follows:
"(c) any other such Member shall have notified all Governments which
signed the Charter, Members of the Organization, of the existing measures
to be maintained, and the nature and purpose of such measures, within
thirty days prior to the date on which it assumed Membership."
Delete paragraph 2.
Paragraph 3 becomes paragraph 2. |
|
GATT Library | np452cs7505 | Second Committee: Economic Development. Draft charter. Uruguay: Revision of proposed amendments | United Nations Conference on Trade and Employment, December 7, 1947 | 07/12/1947 | official documents | E/CONF.2/C.2/6/Add.5/Rev.1 and E/CONF.2/C.2/1-8 | https://exhibits.stanford.edu/gatt/catalog/np452cs7505 | np452cs7505_90040168.xml | GATT_152 | 126 | 1,095 | United Nations Nations Unies UNRESTRICTED
CONFERENCE CONFERENCE E/CONF.2/c.2/6/
Add.5/Rev.1
ON DU 7 December 1947
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ENGLISH
ORIGINAL: SPANISH
SECOND COMMITTEE: ECONOMIC DEVELOPMENT
DRAFT CHARTER
URUGUAY: REVISION OF PROPOSED AMENDMENTS
Chapter III, Article 11, Paragraph 1
The first five lines should be reworded as follows:
"Progressive Industrial and general economic development
requires among other things adequate supplies of capital funds,
raw materials, labour, equipment and materials, technical methods
or facilities and technical and managerial skills, and also
access to international transport facilities".
Article 12, Paragraph 1
Paragraph 1 should be reworded as follows:
"The Members recognize that international Investment, both
public and private, can be of great value in promoting economic
development and consequent social progress."
Delete paragraphs 2 and 3. |
|
GATT Library | rb482qv2535 | Second Committee: Economic Development. Draft charter. Venezuela: Proposed amendments | United Nations Conference on Trade and Employment, December 7, 1947 | 07/12/1947 | official documents | E/CONF.2/C.2/6/Add.18 and E/CONF.2/C.2/1-8 | https://exhibits.stanford.edu/gatt/catalog/rb482qv2535 | rb482qv2535_90040181.xml | GATT_152 | 182 | 1,245 | United Nations
CONFERENCE
ON
TRADE AND EMPLOYMENT
Nations Unies
CONFERENCE
DU
COMMERCE ET DE L'EMPLOI
UNRESTRICTED
E/CONF.2/C.2/6/
Add.18
7 December 1947
ENGLISH
ORIGINAL: SPANISH
SECOND COMMITTEE: ECONOMIC DEVELOPMENT
BRAFT CHARTER
VENEZUELA: PROPOSED AMENDMENTS
Article 12
1. Delete the last sentence of paragraph 1 from the words "Accordingly"
to the words existing and future investments".
2. Delete paragraph 2.
Article 15
1. Delete the last sentence from the words "subject to such limitations"
to the words "permit such arrangements to be made".
2. Delete paragrapha2 and substitute the following text:
"Any Member concluding an arrangement of the kind referred to
in paragraph 1 of this Article shall notify the Organization thereof
and shll transmit to it a written statement of the consideration which
led to the conclusion of the arrangement. The Organization shall
promptly transmit eth statement to the other Members and any Member
which considers that its trade is substantially dagamed by the
arrangement, shall communicate its views to the Organization within
such time limit as the latter may prescribe. The Organization shall
then apply the procedure set forth in Article 12." |
|
GATT Library | rp262pc3512 | Second Committee: Economic Development. Functions and activities of specialized Agencies of the United Nations in the field of Economic Development : (Informal note by the Secretraiat) | United Nations Conference on Trade and Employment, December 1, 1947 | 01/12/1947 | official documents | E/CONF.2/C.2/4 and E/CONF.2/C.2/1-8 | https://exhibits.stanford.edu/gatt/catalog/rp262pc3512 | rp262pc3512_90040157.xml | GATT_152 | 4,834 | 32,329 | United Nations Nations Unies UNRESTRICTED
CONFERENCE CONFERENCE E/CONF.2/C.24
ON DU 1 December 1947
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH
SECOND COMMITTEE: ECONOMIC DEVELMENT
FUNCTIONS AND ACTIVITIES OF SPECIALIZED AGENCIES OF
THE UNITED NATIONS IN THE FIELD OF
ECONOMIC DEVELOPMENT
(Informal Note by the Secretraiat)
1.Apart from the united Nations itself there are a number of inter-
governmental organizations which have been brought into relatlonship with
the United Nations as specialized agencies in accordance with Article 57 of
the United Nations Charter, There are:
Food and Agriculture Organization of theUnited Nations (FAO)
International Labour Organization (ILO)
United Nations Educational, Scientific and Cultural Organisation (UNESCO)
International Bank for Reconstruction and Development (Bank)
International Monetary Fund (Fund)
In addition the Constitution of the World Health Organization (WHO) has
been ratified by eighteen governments but the Organizatlon will not be
established until twenty-six governments have ratified it. At present an
interim commission is functioning.
2. According to Article 1, paragraph (i) of the Articles of Agreement of
the Bank, its purposes are:
'To assist the reconstruction and development of territories of
Members by facilitating the investment of capital for productive
purposes including the restoration of economies destroyed or
disrupted by war, the reconversion of producties facilities to
peacetime needs and the encouragment of the development of
productive facilities and resources in lessdeveloped countries
According to Article III, section I, paragraph (a), "0the resources
and facilities of the Bank shall be used with equitable consideration
to projects for development and projects for reconstruction alike". The
Bank may not only make loans itself out of borrowing and certain of its own
funds but may facilitate loans by guaranteeing or participating in loans
made by private investors.
/3. As of E/CONF.2/C.2/4
Page 2
3. As of 30 September 1947, the total subscription of the Bank in various
currencies amounted, when converted into United States dollars, to
$8225.1 million of which 20 per cent or $1645.02 million had been called up
and were available for the Bank's own loans and $6580.08 million were
available only to meet the Bank's obligations. In fact, of the subscriptions
called up, one-tenth (2 per cent of the total) are in gold or United States
dollars. The total of subscriptions in gold or United States dollars called
up as of 30 September 1947, were therefore in United States $ millions:
From United States of America 635.00
From other countries 101.00
Total 736.00
4. As of 30 September 1947, the Bank had issued $250 millions of bonds
on the United States market. Up to that date, it had received requests for
loans amounting to $2554 millions of which $497 millions had been approved
and $232 millions actually disbursed.
Thus, the Bank had at 30 September about $480 millions available for
new loans.
5. The detail of the loans requested and approved is as follows:
Member Amount Requested in Amount Approved in
$ Millions $ Millions
Czechoslovakia 350
Denmark 50 40
France 500 250
Luxemburg 20 12
Netherlands 535 195
Poland 600
Chile 40
Iran 250
Mexico 209
2554 497
Disbursements were $202 millions to France and $30 millions to the Netherlands.
The loans requested by the first six countries above were primarily for
reconstruction. The purposes of the other three loans requested were as
follows:
Chile -Hydro-electric, forestry, harbour, urban and suburban,
transport and railway projects.
Iran - Modernization and development of industry, agriculture
and transport.
Mexico - Irrigation, hydro-electric, pipeline, highway, railroad
and harbour projects.
/The Bank has not E/CONF .2/C .2/4
Page 3
The Bank has not therefore yet made a loans which may be described as
primarily for development purposes but is reported to be giving active
consideration to such loans.
6. While the financing of economic development is the paramount interest
of the Bank in this field, there have been several indications that the Bank
does not consider its role in respect to economic development to be solely
the passive one of acting on loan applications which have been submitted to
it. As regards studies, the Bank has a Research Department which, while not
concerned with the analysis of loan applications or the investigation of
conditions in the applicant country (which is the responsibility. of the Loan
Department), is charged, according to the Bank's Second Annual Report, with
"Obtaining information and preparing studies and analyses for the use of
Management and the Executive Directors in their determination of economic and
financial policy" and "preparing specific studies of an economic and financial
character as requested by other departments of the Bank".
7. The position of the Bank as regards technical advice has been set out in
a statement on pages 25, 26 and 27 of Economic and Social Council document
E/471/Add.2, dated 29 July 1947. In this statement, the Bank has tended to
minmize its functions in this field. No members according to the above-
mentioned statement, of the Bank staff have been assigned the responsibility
of giving technical assistance to member governments and no requests for
technical assistance as such have been received by the Bank. Should such a
request be received and should circumstances warrant such action, members
of the staff my on particular occasions be made available to give technical
assistance, but the Bank does not now have, and probably will not in the
future have, sufficient technical staff to provide technical advice and
assistance on any very wide-spread scale. Later on in its statement the Bank
envisaged the possibility of three types of technical assistance which the
United Nations, the Bank, or other specialized agency might give to a member
government alone or Jointly with other agencies, namely:
(a) send a mission to give technical advice and assistance,
(b) help a government select impartial and qualified experts to
furnish the technical assistance - such exports reporting to and
paid by the government,
(c) send a mission to advise a government with respect to the type
of programme which should be developed leaving to private technicians
to work out the actual programme as advisers to the government.
8. In its Second Annual Report the Bank states that it has now underway
various investigations and negotiations with regard to the development of the
productive facilities of the less developed regions which it hopes Will result
/in substantial E/CONF.2/C .2/4
Page 4
in substantial assistance. Because of the lack of advanced technology and
skill in these regions the Bank, according to this Report "may well be
requested to exercise more initiative in considering their problems and to
participate more actively in the formulation of their plans. While the Bank
cannot undertake to furnish technical assistance from its own statf on any
large scale, it can help its member nations to select and procure the
necessary private technicians. The Bank stands ready at any time to consult
with member governments on this matter."
9. In this Report the Bank also discusses deterrents to the free flow of
private capital and foreign technical managerial and administrative skills
to the underdeveloped countries and offer the use of its resources, influence
and technical specialists to help remove some of the deterrents. The Bank
refers particularly to the need for improvement of the credit position of
countries by the clearing up of external debt records and to the need for
integral programmes of financial reform including sound budgetary and
monetary systems. The Bank suggests that it may be worthwhile to explore
the possibility of setting up an impartial body of technical experts who would
make recommendations for just settlements of debts due and the Bank would be
willing and anxious to contribute towards the success of such a project.
Similarly, an International panel of experts might be able to make
investigations and recommend remedial action as regards unsound budgetary
and monetary situations. Another stop which, according to the Bank's report,
would encourage the free flow of capital abroad would be assurance that such
capital would not be subject to inequitable and restrictive legislation.
But, in pointing out these steps which it believes would encourage the flow
of foreign capital to less well developed areas, the Bank makes clear that
there is no suggestion that all remedial measures which may appear necessary
must be completed before a country may qualify for a loan. "To the contrary,
financial assistance from the Bank may form part of an integral plan involving
both long-range financial reform and long-range development of production
facilities." However, the Bank cannot assist a country which has neither
financial nor monetary stability, a good credit, and is unwilling to achieve
them. Such action would in the Bank's view be imprudent and unproductive
and lead to loss of confidence of the investment community and with this,
of the source of the major portion of its loanable funds.
10.The Fund is concerned with the securing of exchange stability and the
orderly adjustment of exchange rates. The Fund has moneys which it can use
to buy and sell foreign currencies from and to its members on certain
conditions in order to attain this purpose. If country A buys the currency
of country B from the Fund, this in effect is equivalent to a loan; but the
/loan is intended E/CONF.2/C .2/4
Page 5
loan is intended to be for a short term only to assist country A to overcome
temporary exchange difflculties. The Fund is not directly concerned with
economic development although its operations may be of help to development
countries in overcoming temporary difficulties.
11. The Fund has a further role to play which is relevant to economic
development, According to a statement made by the Fund and included in
Economic and Social Council document E/471/Add.2, dated 29 July 1947, "expert
assistance to member countries constitutes one of the most vital functions
and responsibilities of the Fund. Its scope results from the agreement
itself and encompasses technical and practical co-operation on monetary
exchange, balance of payments and related problems". The Fund has already
given advice and sent missions, formal and informal, to a number of countries
including in one country a staff mission working out a two-year programme
of monetary and financial reform and exchange stabilization. The Fund has
preferred not to publish the results of its missions. The services of the
Fund in this field can be of great help to development countries.
12. The FAO, unlike the Bank and the Fund, has no money other than for the
administration of the organization. It is therefore limited to study, advice
and recommendation, within this limitation the FAO is concerned with
agriculture, forestry, fisheries, nutrition and food generally and rural
welfare and has authority to take necessary and appropriate action to
implement the purposes of the organization, which Include raising levels of
nutrition and standards of living, securing improvement in the efficiency
of the production and distribution of all food and agricultural products and
bettering the condition of rural populations.
13. FAO has in fact directed many of its efforts on lines likely to be of
help to development countries. The administration of FAO includes the
following technical Divisions: (a) Economics, Statistics and Marketing
(b) Agriculture, (c) Fisheries, (d) Forestry, (e)) Nutrition, (f) Rural
Welfare. Since in development countries a high proportion of the population
is almost by definition engaged in agriculture, small increaes in technical
efficiency in agriculture can be of overwhelming importance. The technical
work of the FAO in the field of agriculture is therefore of particular
importance to development countries even though it is in fact applicable
to all countries. This is notably true of technical studies, technical
conferences and training schools on fertilizers, information; plant pests,
insecticides, fungicides and weed killers, on the use of grass and fodder,
on irrigation and on mechanization. The third session of the FAO annual
conference in Geneva 25 August -11 September 1947, particularly endorsed
projects and studies on irrigation, mechanization of agriculture and
insecticides, fungicides and weed killers as being helpful to development
countries.
/14. Similarly many of E:/CONF. 2/C. 2/4
Page 6
14. Similarly many of the technical activities in the fields of nutrition,
fisheries and forestry are directed toward the needs of development
countries. Nutrition conference are to be convened in the Far East and In
South America and nutritional problems studied on a regional basis. Similar
regional approaches are to be made to the problems of fisheries and forestry.
In the field of rural welfare the FAO is going to carry out studies concerned
with the development of rural industries and the improvement of agricultural
tools and household equipment. The third session of the FAO conference
endorsed those studies and also a proposal to publish handbooks on extension
techniques for different cultural areas, including one for the Moslem world.
15. The FAO is required under its constitution to furnish technical
assistance as governments may request, and importance is attached to this part
of the organization's work. The FAO has sent two advisory missions with wide
terms of reference, one to Greece in May 1946 and one to Poland in the summer
of 1947. The report of the mission to Greece has been published. Both these
missions were concerned with the inter-related problems of rehabilitation and
development. In addition missions with wide terms of reference have been
requested by Hungary and Siam, and Venezuela has made a series of requests
for advice on specific problems, including assistance in the settlement of
refugees as agricultural producers and in developing the production of
oil-bearing seeds. Ecuador has requested a mission to Investigate problems
connected with fisheries, livestock production, wheat culture and forestry,
Six experts in the fields of statistics, irrigation, drainage, deep-well
drilling, animal husbandry and nutrition will be proceeding in the near future
to the Middle East. The first of these experts is to conduct a statistical
school for the benefit of government officials whilst the other will be
mainly engaged in developing suitable techniques in different areas.
16. At the second session of the FAO Conference at Copenhagen
2 13 September 1946, the Director-General of FAO submitted proposals for a
World Food Board with financial resources and wide powers to fix a general
policy incumbent on the various member States. The principles of the proposal
were accepted by the Conference and the matter was referred to a Preparatory
Commission, which met in Washington, D. C. from 28 October 1946 to
24 January 1947. It decided that in view of circumstances at the time the
objectives would have to be attained by ways which allowed States to retain
their freedom of action. The objectives as described by the second session
of the conference were:
(a) developing and organizing production, distribution and
utilization of the basic foods to provide diets on a health
standard for the peoples of all countries,
zib) stablizing E/CONF.2/C.2/4
page 7
(b) stabilizing agricultural prices at levels fair to producers
and consumers alike.
Chapters II, III and IV respectively, on "Agricultural and Nutritional
Programmes", "Industry and Agriculture" and "Financing of Development" of
the Report of the Preparatory Commission relate to objective (a) and to
economic development. These recommendations of the Preparatory Commission
were given general endorsement by the third session of the FAO Conference.
The Preparatory Commission emphasized that the responsibility for development
programmes rested with governments, made suggestions as to the action of
governments, examined the machinery at the disposal of FAO for helping
governments in their task and made detailed suggestions for the improvement
of this machinery.
17. As regarded action by government, the Preparatory Commission recommended
inter alia the following steps where not already taken:
(a) framing of over-all programmes for the expansion of essential
agricultural production including the provision of education and
information on techniques of production, credit facilities for farmers
and where necessary reform of land tenure,
(b) establishment of an administrative unit or units responsible for
agriculture, food and nutrition to administer the programme of
agricultural and nutritional improvement, to promote and co-ordinate
extension and advisory services, to establish and supervise public
research activities, etc.,
(c) sending research workers, technical officers and administrators
to study abroad,
(d) establish FAO National Committees to serve as a link between
their country and FAO.
18. The Preparatory Commission felt that while the vast proportion of the
world's population was engaged in agriculture and could be benefited by the
development of agriculture, there was urgent need for the development of
industry parallel to that of agriculture, including the development of new
simple industries with small capital investment and often using locally
available materials. As regards international assistance in the field of
industry, the Preparatory Commission stated:
"For the less developed countries it is clear that, in respect of the
development of industry and transportation, they may need services
similar to those that FAO will provide in respect to food and
agriculture. We understand that this matter is under consideration
by the Economic and Social Council. Whatever arrangements may be
worked out, the provision of information and advice on industrialization
and general economic development is an important adjunct to our
/recommendation in E/CONF.2/C .2/4
Page 8
recommendation in respect of food and agriclture. We urge that in
the arrangements made by the Economic and Social Council full recognition
be given to the vital interest of agriculture in the progress of
industry and to the danger of serious maladjustment if progress is too
slow on the industrial side."
With regard to the financing of development, the Preparatory Commission
recommended as follows:
1. That before consideration is given to the establishment of any
further financial facilities, the existing institutions of the
United Nations should be put to the test.
2. That in view of the importance of ensuring that needed development
projects are not held up for lack of necessary and proper financing,
the Director-General of FAO should consult with the proper officials
of the International Bank for the purpose of making the most practicable
arrangements for co-operation between the two agencies and of bringing
about the fullest utilization of their respective facilities in the
fields of development policy and in the planning of individual
development projects.
3. That the progress of development be kept under continuous review
so that if at any time a development project or programme of
significance to agriculture justified on other grounds, has been
unable to go forward for lack of adequate international financial
facilities, the Director-General of FAO and the Board of Executive
Directors of the International Bank should forthwith report the
circumstances to their respective member governments and to the
Economic and Social Council with recommendations for any appropriate
action.
4. That where projects need to be undertaken promptly, the country
concerned should be encouraged, even though the sum involved may be
small, to submit an applicaticn to the International Bank for such
external finance as may be required, without waiting until the
particular development can be included in a fully comprehensive project,
the adequate formulation of which might require considerable time.
5. That in view of the importance of ensuring that any national
development scheme reposes on a wise system of domestic finance in
the country concerned, the Economic and Social Council of the
United Nations should be requested to review, and if necessary to
strengthen, the international services available for advising
development countries regarding the introduction and establishment of
wise internal system of finance, utilizing the services of the
specialized international agencies in the field with which each is
concerned..
/19. The International E/CONF .2/C .2/4
Page 9
19. The International Labour Organization dates back to just after the
First World War but was reorganized with a new constitution as an agency
of the United Nations in 1946 following the Twenty-sixth Session of the
Conference at Philadelphia in 1944 and the Declaration of that Conference.
Article 1 of the new constitution provides that the Organization is
established for the promotion of the objects set forth in the Preamble and
in the Declaration of the Philadelphia Conference.
20. The Declaration of Philadelphia obligated the government, members of
the ILO, to further among other things the raising of standards of living
and the concluding section expressed confidence that "the fuller and
broader utilization of the world's productive resources for the achievement
of the objectives set forth in this Declaratioon can be secured by effective
international and national action including measures to expand production
and consumption... to Promote the economic and social advancement of the
less developed regions of the world... 'and pledged' the full co-operation
of the ILO with such international bodies as may be entrusted with a share
of the responsibility for this great task..." Thus while government Members
of the ILO have committed themselves to far-reaching objectives related
to economic development, these objectives are not to be secured solely by
the action of the ILO whose functions are primarily as stated in paragraph1
of Article 10 of the Constitution as follows:
"The functions of the international Labour Office shall include the
collection and distribution of information on all subjects relating
to the international adjustment of conditions of industrial life and
labour, and particularly the examination of subjects which it is
proposed to bring before the Conference with a view to the conclusion
of international Conventions, and the conduct of such special
investigations as may be ordered by the Conference or by the Governing
Body."
21. The field of action of the International Labour Organization is a
Wide one; it include manpower organization, Labour legislation, industrial
health, safety and welfare, industrial relations, social security, various
branches of statistics, and the innumerable sub-divisions of those complex
subjects; it exends to industry, commerce, agriculture, and all forms of
transport.
22. Generally, most of the activity of the ILO has been directed to
recommendations and conventions on international labour legislation, mainly
the regulation of conditions of work, but has also extended to other questions
with a more direct relation to economic development including such questions
as training facilities, and it has also done work on public works activity.
/23. The ILO has over E/CONF .2/C. 2/4
Page10
23. The ILO has over a long period carried on certain studies relating to
the planning of public works and an international Public Works Committee
existed before World War II. It subsequently became known as the International
Development Works Committee. The Philadelphia Conference passed a resolution
on this subject but the matter is now before the Governing Body of the ILO
with a view to consideration being given to the transfer of these activities
to the United Nations, the ILO being more concerned with the social aspects
of the problem rather then with the economic aspects.
24. TheILO has also carried out certain work of interest to economic
development by means of regional conferences, In April 1946 there met in
Mexico City a special Conference of American Nations, members of the ILO.
The agenda of this Conference was designed to afford an opportunity to
intensify consideration of the social problems presented by the
industrialization of Latin America. A resolution was passed on vocational
training which focused special attention on the problems involved in building
up a national skilled labour force in countries in an early stage of
industrial development. The Conference also passed a general resolution
whose preamble stated that "the industrialization of Latin American countries
is indispensable to the attainment of higher standards of living, a better
equilibrium in economic structures, increased international trade and at
the same time greater economic independence" and recommended the Governing
Body of the ILO to call to the attention of the Economic and Social Council
the Desirability of studying in the near future in co-operation with the ILO
and other interested bodies "the most efficient methods of facilitating the
process of harmonious industrialization of the Latin American countries which
is an indispensable basis for their social welfare."
25. The ILO has now embarked on regional activities in Asia. It was felt
that if the ILO Is to make a maximum contribution to the social development
of Asia, special facilities must be provided for giving full consideration
to the distinctive problems of Asiatic countries with particular reference
to their industrial development. Accordingly, a Preparatory Regional
Conference was convened and opened in New Delhi on 27 October 1947, Four
questions were placed on the agenda, namely:
1. problems of social security;
2. labour policy in general, including the enforcement of labour
measures;.
3. programme of action over a period of years for the enforcement
of the social standards embodied in Conventions and Recommendations
adopted by the International Labour Conference but not yet ratified
or accepted by the countries concerned; and
4. the economic background of social policy, including the problems
of industrialization.
/In addition a E/CONF.2/C.2/4
Page 11
In addition a meeting of government representatives of the countries of the
Near and Middle East has been held at Istanbul, Turkey from 24 to 29 November.
The meeting had before it a report by the Director-General, of the ILO which
included chapters on industrialization and development of natural resources
and on vocational training as well as on industrial relations and labour
standards.
26. The ILO has also carried out certain work concerning migration which is
relevant to economic development. Following the recommendations of a
technical conference In 1936 and interest on the part of the Philadelphia
Conference in 1944, a Permanent Migration Committee was established and
held its first session in August 1946, attended by representatives of
twenty-five governments. The Committee made a general survey and in
particular drew attention to the fact that migration on a considerable scale
depended mainly on the adoption of measures for the development of the
industrial and agricultural resources of the immigration countries, on
satisfactory financial arrangements and on adequate transport and housing
facilities. The committee considered the possibility of drawing up a model
agreement for the use of governments in negotiating conventions and agreements
regarding migration. It also gave attention to co-operation with the
United Nations. A further meeting of the committee is to be held in the near
future.
27. Within the scope of its activities, the ILO has sent frequently advisory
missions to governments. The Conference Delegation on constitutional questions
which reported on the matter in the spring of 1946 at the twenty-ninth session
of the conference in Montreal felt that the building up of a body of officials
experienced in advising on labour inspection services would be of great value
especially to less developed countries. Among recent missions by the ILO
have been the visit of an official to China to advise on labour inspection,
the prevention of industrial accidents, employment exchanges and social
insurance. In 1947, an official was sent to Iran to assist the Government
in drafting labour legislation and others were sent to Egypt and Colombia
to advise regarding social insurance.
28. Raising standards of education and increasing opportunities for
education, science and culture are among the functions of UNESCO. Adequate
popular education and the diffusion of scientific and technical knowledge
are at the basis of economic development of less developed areas, and UNESCO
is able and prepared to give expert assistance to governments on information
on existing techniques, methods, etc., research in new techniques, methods,
etc., and on the improvement of existing or establishment of new facilities.
The most interesting UNESCO project so far, which is relevant to economic
development, is the Hylean Amazon Project which is a programme of research
/into the needs E/CONF.2/C.2/4
Page 12
into the needs and possibilities of the Amazon area comprising four million
square miles. An international commission met in Belem de Para between
10 and 18 August 1947, and decided to recommend to the Second Session of the
General Conference of UNESCO, which opened in Mexico City on 6 November 1947,
that an international Research Institute should be established at the mouth
of the Amazon River to initiate projects and carry on research with respect
to scientific and social problems of that area. UNESCO is also buildlig up
a Fundamental Education Panel of experts whose advice will be available to
Member States. The Fundamental Education programme includes a project
for experimental field work in Haiti, China and British East Africa. Teams
of experts are being sent into these countries.
29. An International Health Conference to establish a world health
organization was held in New York City from 19 June to 22 July 1946. The
Conference adopted a constitution and established an Interim Commission of
the World Health Organization to carry on its activities pending ratification
of the constitution by twenty-six members of the United Nations. To date
only sixteen United Nations members have ratified the constitution.
30. Improved health standards like improvement in education are basic
pre-conditions without which economic development can make little headway.
Health is, however, a specialized field and it is sufficient to note here
that the Interim Commission has taken over certain of the field services
of UNRRA and has also established field missions of its own. In Ethiopia
for example, a mission is engaged in disseminating the rudiments of public
health and medical instruction in co-operation with the government. A
mission to China includes experts in epidemic prevention, quarantine control
and sanitary engineering. |
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GATT Library | vv095cn3039 | Second Committee: Economic Development. New Zealand: Proposed re-wording of amendment | United Nations Conference on Trade and Employment, December 24, 1947 | 24/12/1947 | official documents | E/CONF.2/C.2/9/Corr.4 and E/CONF.2/C.2/9-28 | https://exhibits.stanford.edu/gatt/catalog/vv095cn3039 | vv095cn3039_90040197.xml | GATT_152 | 182 | 1,384 | United Nations Nations Unies E/CONF. 2/C. 2/9/
Corr. 4
CONFERENCE CONFERENCE 24 December 1947
ON DU ENGLISH-FRENCH ORIGINAL:ENGLISH
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI
SECOND COMMITTEE: ECONOMIC DEVELOPMENT
NEW ZEALAND: PROPOSED RE-WORDING OF AMENDMENT
The New Zealand delegation proposes that its amendment to paragraph
1 of Article 12, which appears on page 16 of the revised annotated
agenda (document E/CONF.2/C.2/9), shall be re-worded to read as follows:
"Nothing in this Article shall be so construed as to require a
Member to permit any international investment to be made in its
territory without the prior approval of that Member."
DEUXIEME COMMISSION : DEVELOPPEMENT ECONOMIQUE
NOUVELLE-ZELANDE : PROPOSITION TEND NT A DONNER UNE
NOUVELLE REDACTION A UN AMENDMENT
La délégation de la Nouvelle-Zélande propose quo son amendement
au paragaphe 1 de l'article 12, qui figure à la page 15 bis du nouvel
ordre du Jour annoté (document E/CONF.2/C.2/9), reçoive la nouvello rédaction
suivante :
"Aucune disposition du présent article no sera interprétée de
manière à demander à un Etat membre d'autorisaer un placement
international sur son territoire sane I'approbation préalable
dudit Etat membre". |
|
GATT Library | gs008mv3520 | Second Committee: (Economic Development). Plan of debate on article 13 : (Proposed by acting Chairman) | United Nations Conference on Trade and Employment, December 26, 1947 | 26/12/1947 | official documents | E/CONF.2/C.2/22 and E/CONF.2/C.2/9-28 | https://exhibits.stanford.edu/gatt/catalog/gs008mv3520 | gs008mv3520_90040214.xml | GATT_152 | 230 | 1,988 | United Nations Nations Unies UNRESTRICTED
CONFERENCE CONFERENCE E/CONF.2/C.2/22
ON DU 26 December 1947
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH
SECOND COMMITTEE: (ECONOMIC DEVELOPMENT)
PLAN OF DEBATE ON ARTICLE 13
(Proposed by Acting Chairman)
For the purpose of expediting the examination of Article 13 of the Draft
Charter and the many amendments proposed thereto, the plan of debate set out
below ia suggested. The claasification of the amendments proposed by the
delegations mentioned hereunder is entirely tentative and not fully descriptive,
and binds neither the proponents of the said amendments nor the committee.
The references are, except where otherwise stated, to pages of the revised
Annotated Agenda (E/CONF.2/C.2/9).
1. Purposes of measures in conflict with obligations assumed through
negotiations or otherwise contained in Chapter IV which may be adopted
pursuant to Article 13.
(a) Cuba (page 32-33)
(b) New Zealand (Page 34)
(c) Philippines (pages 30, 31, 34)
2. Limitation or abandonment of prior approval.
(a) India (Pages 45-47)
(b) Ceylon (pages 43-44)
(c) Turkey (page 29)
(d) Ecuador (page 29)
(e) Mexico (Pages 37-38)
(f) China (pages 35-36)
(g) Argentina (pages 40-41)
(h) Uruguay (E/CONF.2/C.2/6/Add.23)
3. Special cases where consent by the Organization cannot be withheld.
(a) Colombia (page 30)
(b) Cuba (page 31)
(c) Iraq (page 32)
(d) Chile (E/CONF.2/C.2/9/Add.1) and
(E/CONF. 2/C.2/9/Add.1/Corr.1)
4. Procedural changes.
Burma (pages 48-54)
5. Drafting amendments
United Kingdom (pages 29-31). |
|
GATT Library | wm729jm9717 | Second Committee: Economic Development. Report of Sub-Committee C on articles 13 and 14 action of Committee II on paragraph 9 | United Nations Conference on Trade and Employment, [ca. 1947 - 1994] | NaT | official documents | E/CONF.2/C.2/41/Add.1 and E/CONF.2/C.2/29-49/CORR.1 | https://exhibits.stanford.edu/gatt/catalog/wm729jm9717 | wm729jm9717_90040239.xml | GATT_152 | 143 | 1,095 | United Nations Nations Unies UNRESTRICTED
CONFERENCE CONFERENCE E/CONF.2/C.2/41/
ON DU Add. 1
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI 12 March 1948
ORGINAL: ENGLISH
SECOND COMMITTEE: ECONOMIC DEVELOPMENT
REPORT OF SUB-COMMITTEE C ON ARTICLES 13 AND 14
ACTION OF COMMITTEE II ON PARAGRAPH 9
At the twenty-third meeting of Committee II on 12 March 1948 Committee II
agreed provisionally to add the following sentence at the beginning of
paragraph 9 of the Report of Sub-Committee C on Articles 13 and 14
(E/CONF.2/C.2/41) so that the two sentences together would represent the
view of the Committee:
"With regard to the interpretation of the words "materially
affected" in paragraph 2 of Article 13 it was considered unnecessary
to define their meaning in the Report, because, in cases involving
contractual rights, the Organization could be relied upon to safeguard
the interests of Members in such rights." |
|
GATT Library | hb897pw3335 | Second Committee: Economic Development. Responsibilities and activities of the United Nations in the field of Economic Development : Note by the Secretariat | United Nations Conference on Trade and Employment, December 1, 1947 | 01/12/1947 | official documents | E/CONF.2/C.2/2 and E/CONF.2/C.2/1-8 | https://exhibits.stanford.edu/gatt/catalog/hb897pw3335 | hb897pw3335_90040154.xml | GATT_152 | 3,508 | 24,478 | United Nations
CONFERENCE
ON
TRADE AND EMPLOYMENT
Nations Unies
CONFERENCE
UNRESTRICTED
E/CONF. 2/C. 2/2
DU 1 December
COMMERCE ET DE L'EMPLOI ORIGINAL:
1947
ENGLISH
SECOND COMMITTEE: ECONOMIC DEVELOPMENT
RESPONSIBILITIES AND ACTIVITIES OF THE UNITED NATIONS IN
THE FIELD OF ECONOMIC DEVELOPMENT
Note by the Secretariat
A. THE DRAFT ITO CHARTER PROVISIONS CONCERNING ECONOMIC DEVELOPMENT
1. The provisions for action on economic development by the International
Trade Organization are set forth in Chapter III of the Draft Charter of that
agency. (Document E/PC/T/186). Some Articles, like Articles 8 and 9,
represent a reaffirmation and strengthening of policies previously adopted
by other international agencies. Others are directed primarily toward
establishment or maintenance of trade practices conducive to economic
development, Paragraph (2) of Article 10 of the Draft Charter, however,
provides for activities which are similar in many respects to development
activities already assigned to or undertaken by other international agencies.
As finally submitted by the Preparatory Committee, this paragraph provides
that:
"Subject to any arrangements entered into between the Organization
and the Economic and Social Council and appropriate inter-governmental
organizations, the Organization shall, within its powers and resources,
furnish any Member which so requeets vith appropriate advice concerning
its plans and the financing and the carrying out of its programmes for
economic development, or shall assist it to procure such advice. Such
advice or assistance shall be furnished upon terms to bo agreed and in
such collaboration with other appropriate inter-governmental
organizations as will use fully the special competence of each of them,
The Organization shall, upon the same conditions, likewise aid Members
in procuring appropriate technical assistance." (Document E/PC/T/186).
2. In View of the history of this provision the Conference, In
considering Its incorporation in the ITO Charter, will undoubtedly wish to
See particularly E/PC/T/33, Article 11, Paragraph (3) and Annexure 8;
E/PC/T/34, Article 11, Paragraph 2; E/255, page 15; and the Resolution
or the Economic and Social Council on "Functions of the International
Trade Organization regarding Eoonomic Development (ECOSOC Resolution 29 (IV)).
/examine E/CONF . 2/C.2/2
Page 2
examine it in relation to corresponding provisions in the Charters or terms
of reference of other United Nations organs and agencies, and the activities
undertaken under their provisions. This paper describes the responsibilities
and activities of the Economic and Social Council, the Economic and
Employment Commission and its Sub-Commission on Economic Development, as
well as those of the United Nations Secretariat, in respect of economic
development.
B. ACTIVITIES OF THE ECOSOC AND THE UNITED NATIONS SECRETARIAT
1. The subsidiary organs of the Economic and Social Council that deal with
the problem of economic development are as follows:
a. Economic and Employment Commission
At its Second Session, 21 June 1946, the Economic and Social
Council set out the following terms of reference for the Commission:
(document E/82/Rev.1 and E/84/Rev.1, Paragraph 1)
"(a) The 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 submitted to it
by the Council and shall on its own initiative report to the
Council on problems which, in its opinion, require urgent
attention.
"(c) It shall make recommendations to the Council with reference
to economic question involving concerted study and/or action by
more than one specialized agency or Commission of the Council and
in particular shall draw the attention of the Counoil to the
probable influence of the policies and activities of other
commissions of the Council, the specialized agencies or other
international organizations on the issues mentioned in paragraph (d)
below
"(d) In paticular 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,whih is
so necessary, to variouthe Members of the Unlted Nations
whose territories have been devastated by the enemy as
/a result E/CONF.2/C.2/2
Page 3
a result of occupation and war activities;
"(iii) The promotion of economic development and progress
with special regard to the problems of less-developed
areas.
"In carrying out the functions set 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."
b. Sub.Commission on Economic Development terms of reference are:
(Resolution No. 1 (III), Economic and Social Council).
"to study and advice the Commission on the principles and problems
of long-term economic development with particular attention to the
inadequately developed parts of the world, having the objectives
of:
(i) Promoting the fullest and most effective utilization of
natural resources, labour and capital;
(ii) Raising the level of consumption; and,
(iii) studying the effects of industrialization and changes of
a technological order upon the world economic situation."
2. 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 Economic Development detailed
instructions on the work it was to do in the field of economic development.
During those 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 Economic Development as follows: (Document E/255)
"a.To inform the Commission as early as possible regarding current
and planned. studies, field survs, and provision of technical advice
and assistance to Members in the field of economic development both
by the Secretariat of the United Nations and by the inter-governmental
agencies.
"b. To keep under consideration and to make recommendation to the
Coimmession regarding the general planning and co-ordination of the
activities mentioned in paragraph a, above. Particular attention
By "studies" is meant the compilation and collating of information already
available or obtainable without field investigation. By "field surveys" is
meant the obtaining of information in the area concerned.
/should be E/CONF. 2/C. 2/2
Page 4
should be given to the participation of the various inter-governmental
agencies in these activities and, where appropriate for the United Nations
to participate, to the nature of its participation.
"c. To commence a study, in co-operation with the other Commissions
of the United Nations and the Specialized Agenciecs concerned, with the
view to making recommendations regarding the need for an international
code relating to foreign investment which will cover among other things
the protection of economic and social interests of the countries in
which investments are to be made, as well as the protection of investors,
both public and private; and conduct studies into the need for and
methods of international incorporation of private business firms
conducting business operations on an international or a world scale.
"d. To make recommendations to the Commission relative to:
1. the organization of international co-operation with respect
to scientific, technological and economic research relating
to production and development, the conservation of resources,
the adoption of improved methods of production and technical
processes to stimulate greater productivity, and the
implementation of the mutual responsibilities of Members,
under relevant international agreement, in relation to the
international supply of facilities for economic development
including capital funds, capital goods and materials, equipment,
advanced technology and trained personnel;
ii. The furnishing of such technical assistance within the resources
available, as Members of the United Nations may request,
relating to production and development; and to the organization,
in co-operation with the governments concerned, of such
missions as may be needed to perform this function.
"e. To make recommendations to the Commission relative to any other
matter which the Sub-Commission may feel should be drawn to the attention
of this Commission, including any modification of these instructions
which it may wish to suggest."
3. 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 Economic Development, and
requested the Economic and Employment Commission, among other things,
"to investigate and report, taking full account of the responsibilities
of the specialized agencies and the inter-governmental organizations
regarding the most appropriate forms of international action for
facilitating the better utilization of world resources of manpower,
/materials E/CONF.2/C.2/2
Page 5
materials, labour and capital in order to promote higher standards of
living throughout the world, more particularly in undeveloped and under-
developed areas." (Resolution No. 26 (IV), Economic and Social Council).
4. The Economic and Employment Commission at its Second Session held in
June 1947, after considerable discussion of the lines of international action
regarding better utilization of world resources of manpower, materials,
labour and capital (pages 9-11, document E/445), concluded that:
"it now looks forward to the receipt from its Sub-Commission on
Economic Development of an analysis of the nature of the international
collaboration which to essential for the implementation of a development
policy. The Commission will give consideration to the conclusions and
the recommendations of such a report at its next Session, and hopes then
to be in a position to make appropriate recommendations to the Economic
and Social Council."
"Any draft resolution which is not specifically adapted to a
particular problem would necessarily have to be of an academic nature.
Accordingly, the Commission plans to place particular emphasis in its
recommendations to the Economic and Social Council upon concrete
situations, with a view to outlining policies for appropriate positive
action."
The Commission did not wish to add further formal instructions to the
Sub-Commission on Economic Development beyond those contained in the Report
of its First Session.
At its Second Session, the Commission also elected the members of the
Sub-Commission on Economic Development. For this responsibility they chose:
JOSE NUNES GUIMARAES of Brazil
D. K. LIEU of China
ALEXANDER P. MOROZOV of the Union of Soviet Socialist Republics
V. K. R. V. RAO of India
BEARDSLEy RUML of the United States of America
EMANUEL SLECHTA of Czechoslovakia
VICTOR URQUIDI of Mexico
The First Session of the Sub-Commission on Economic Development opened
on 17 November 1947. The Sub-Commission is now considering various problems
of economic development with a view toward making recommendations to the
Economic and Employment Commission on international collaboration and the
co-ordination of international action to promote eocnomic development and
better utilization of resources.
The Sub-Commission has before it the following plan of work proposed
by the United Nations Secretariat:
/a. With E/CONF.2/C.2/2
Page 6
a. With respect to the least developed countries, consideration of
national governmental efforts and international assistance to such
efforts, designed to bring about:
(i) The eradication of illiteracy and disease,
(ii) The training of technical personnel needed for Economic
Development,
(iii) The evaluation of the existing private and governmental
economic apparatus for the production and distribution of
the goods and services required to raise the consumption
level of their populations, for the promotion of
industrialization, and for the formation and domestic
investment of capital, and
(iv) The creation of the institutional framework of such bodies
and services as may be needed to promote economic development
in the interest of their own people.
b. With respect to under-developed countries which have already made
considerable progress in the direction of economic development,
consideration of various measures for pooling the experiences of Member
Governments in the field of economic development in a manner which
would enable the United Nations to serve as a centre for:
(i) The collection of information,
(ii) the dissemination of the most suitable techniques of
organization and methods of planning economic development,
and
(iii) other technical advice with a view to promoting concerted
measures of mutual assistance and international collaboration.
c. With respect to acceleration of existing national development
programmes, consideration of international measures and concerted national
measures designed to alleviate:
(i) Shortages of technical personnel and training facilities,
(ii) Shortages of capital required for the procurement of basic
equipment,
(iii) Inflationary pressures which may be concomitants of development
programmes.
The Sub-Commission has before it various papers prepared by
Secretariat and the various documents bearing on economic development
submitted to the Economic and Employment Commission. The Sub-Commission
also has before it several special studies prepared by the United Nations
Secretariat. These studies are:
/a. Economic E/CONF.2/C.2/2
Page 7
a. Economic Development in Selected. Countries:Planning Problems
and Agencies.
This report describes the plans and programmes prepared by the
fifteen member Governments for the economic development of their own
countries. The report also describes the present national organizations
dealing with development; and reveals, in many ways, tho magnitude of
the problem and the manner in which it is being dealt with in the
various countries. Reports covering other countries are now in the
process of preparation.
b. Progress Report on Questionnaire on Economic Development Addressed
to Member Governments,
This report shows the nature of information which the United Nations
Secretariat would like to collect and which is being attempted at
present. The material received from the twenty-four member Governments
in reply to the United Nations questionnaire, is therefore being
analyzed and collated with a view to appraising the relative completeness
and adequacy of development programmes throughout the world.
c. Draft Note on the Functions of Government in National Development
Policy.
It is recognized that each country has its own problems of
development and even among those problems which are common to all or
many, emphasis varies considerably from one-country to another. This
report; therefore, attempts a study of the general problem of
development without making reference to the specific problems of any
country.
d. Draft Note on International Collaboration in the Field or
Development.
Conecious of the importance attached by the Economic and Employment
Commission to "the analysis of the nature of the international
collaboration which is essential for the implementation of a development
policy", the Secretariat prepared this report in which some of the
problems of collaboration in the field of world economic development
are analyzed.
This note was made available to members of the Sub-Commission on Economic
Development in draft form only.
/e. Draft Note E/CONF. 2/C. 2/2
Page 8
e. Draft Note on the Functione and Activities of Agencies and Organs
of the united Nations and Arrangements for Co-ordination in the
Field of Economic Development.
This paper describes the present activities of all the
Specialized Agencies and other United Nations organizations in respect
of economic development and reveals the active interest which is being
taken by every organ of the United Nations (see paragraph B 2 (d),
above).
f. Memorendum on Studies of Conditions affecting Foreign Investment.
The Economic and Emplyment Commission instructed the Sub-
Commission to commence a study of the need for an internatioal code
for foreign investment. The subject was examined by the Secretariat
in consultation with the Specialized Agencies.concarned ,The report
gives an indication of the present status of the subject and is
intended for the information and guidance of the Sub-Commission.
g.Memorandum on the International Incorporation of Business Firm
The Economic and Employment Commission has also directed the
Sub-Commission that it should eaxamine "the need for and methods of
international incorporation of private business firms conductinguccvngate business-filmB'Od
bin)tational or a world scale".opin on internad scale".tiworIVP The report
disuOssOmofthe aspects of the question.
hn. eprNo s fleScD noen ithc atiosnce nsotifcse i Coner
_oadU Ilzto
se Conservation end Utlizdescation. ' '
Tis rjrt dviescs ribe one oecref thriat maJr acti±il&fthe'
SOtrlinrespect of promoticng frice exorchaange of tehnologOa
inmtion on resource conserv ation hand utlwotion;thougbou the
rld. The Economic and Socil Council d eesscided wat its FourthbSOn
to Convene a Conference on nResourceCnservatio and Ulizatn,s the
date o uch confrence to be not eRasrlier than 1948._(Aolution No. 32E
(IV), economied Social Council).
. ProgeeeRport on Activities of Ags encie and Or anothe
e Natin regarding theProvxn ofcEpert Advio an
Techiil Asistance tGoMemmenr qv&Ms'
TI oc derbb acsti itif ofithd e UnItsecNaonG
2iatttrItn he Agencies concerned in implementing thRe Besoltnio1.
of he Geral Assey and of th Economicouncil in
thies fisld (ere paagraph l6 beow) ,
5 Withi the United Nations Secretariat, the Diconovicsion of Emi
Sdtabilitym Deve ofte epatme of Econrs iresponsble
or ana3s.Bpe a rerctan onercaiomicng eoneaodeopment to theom cEconnio
/and Social E/CONF.2/C. 2/2
Page 9
and Social Council and its subsidiary organs.
6. Provision of technical assistance to member Governments is closely
linked with the question of how international action could be exercised
effectively in the field of economic development. The Economic and Social
Council and its subsidiary organs gave much attention to the whole field of
technical assistance. The action taken by these bodies is described below
insofar as it bears upon economic development.
a. In December 1946, the First Session of the General Assembly
decided to refer to the Economic and Social Council the question of
providing effective ways and means for furnishing expert advice in
the various fields of economic, social and cultural development.
b. The Economic and Social Council, at its Fourth Session in
March 1947, passed a resolution (51 (IV)) in which it:
"A. Instructs the Secretary-Genarel to establish machainer'y
with the Socretariat desgined to perform the following services
relation to expert assistance to member Governments:
"1. Assistance to member Governments in obtaining
information on expert personnel, research facilities and
other resources that the United Nations and specialized
gencies can make available to member Governments on request
and, especially to the less developed countries for aiding
then in their development;
"2. Elaboration of plans and programmes for the most
efficient utilization of such personnel facilities and
resources;
"3.Assistance to member Governments which seek expert
advice in securing, on terms mutually agreed upon, such
advice particularly in the form of teams of experts who
would study specific problems and recommend appropriate
practical solutions for the conservation of the member
Governments concerned;
"B. Instructs the Secretary-General in implementing the above
instruction, to work at every state in close co-operation With
the specialized agencies, and in this connection, further instructs
the Secretary-General to obtain a report on this subject from the
Co-ordination Committee for submission to the Council If possible
at its fifth session;
"C. Instructs theSecretary-General, in co-operation with the
Co-ordination Committee, and without prejudice to any action to
be taken on immediate requests, to study the general procedures
/and terms E/CONF. 2/C . 2/2
Page 10
and terms including financial arrangements, which might be
followed by the United Nations and specialized agencies in respect
of technical assistance provided by them to member Governments."
c. At the same session, the Economic and Social Council, having noted
the recommendations of the Economic and Employment Commission relating
to economic development, passed a resolution (27 (IV)), in which it
expresses the view that:
"the Commission, in carrying out its functions in regard to
technical and other assistance to any country, should be guided
by the principle that such assistance should not be used for the
purpose of exploitation or of obtaining political and other
advantages exclusively for countries rendering such assistance."
d. The Economic and Employment Commission at its First Session,
considered effective ways and means of furnishing technical advice to
Member Nations and in its Report to the Council urged that:
"....except for specialized requests received from member Governments
clearly within the scope of the several Specialized Agencies, the
Secretary-General make appropriate arrangements, in co-operation
with the Specialized Agencies concerned, for the provision of such
technical advice as may be requested by member Governments and is
possible within the resources available and as will enable them to
plan and carry out balanced development programmes as speedily and
competently as possible. If substantial assistance is required
from the United Nations, it should be effected on the basis of
special agreements between the United Nations and the Government
requesting such assistance; such agreements should also deal
with the question of defraying expenses." (Document E/255, page 14).
e. The steps taken by the United Nations Secretariat regarding
technical assistance, are as follows:
i. The Secretariat has laid down general policy governing the
terms on which expert assistance can be given, specifying
that "In those instances where the provision of expert
assistance involves the assignment of staff from the United
Nations, the Secretary-General proposes to follow the general
policy that the United Nations will pay the salaries of such
staff so long as replacement is not required, and the
requesting governments will be asked to reimburse the United
Nations for other costs. Where provision of experts from the
staff of the United Nations necessitates temporary
replacement of personnel, the Secretary-General proposes to
/request E/CONF.2/0.2/2 Page 11
request the government seeking assistance to pay for the
cost involved in making such replacements." (Document E/471).
ii. In accordance with the general policy described in the
preceding paragraph, the Secretariat is prepared to provide
expert assistance to member Governments in planning of and
in establishing necessary machinery for harmonious programmes
of economic development, and advising on such problems as
inland transportation, maritime navigation, telecommunications,
aviation, etc. (Document E/471/Add.2). |
|
GATT Library | tw557mp1564 | Second Committee: Economic Development : Revised annotated agenda prepared by the Secretariat for the discussion of chapter III of the draft charter | United Nations Conference on Trade and Employment, December 8, 1947 | 08/12/1947 | official documents | E/CONF.2/C.2/9 and E/CONF.2/C.2/9-28 | https://exhibits.stanford.edu/gatt/catalog/tw557mp1564 | tw557mp1564_90040190.xml | GATT_152 | 12,602 | 89,910 | United Nations
CONFERENCE
ON
TRADE AND EMPLOYMENT
Nations Unies UNRESTRICTED
CONFERENCE E/CONF.2/C.2/9
DU 8 December 1947
COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH
SECOND COMMlTTEE: ECONOMIC DEVELOPMENT
REVISED ANNOTATED AGENDA PREPARED BY THE SECRETARIAT
FOR THE DISCUSSION OF CHAPTER III OF THE DRAFT CHARTER
The following annotated agenda incorporates amendments received up
to 6.00 p.m. Saturday, 6 December 1947. In this agenda square brackets
are used to indicate deletion and underlining to indicate additions where
this is not otherwise indicated.
/ARTICLE 9 ARTICLE 9
No. of addendum 0 -.
to document n
Par -ph) Country E/CGNF.2 Amcndento Peservaton E)lzzatIt 0
Ceylon lldd.33 The artcle to read:
thbeshall within - e rpe-ve terrtoris
ta} tion designed [progressvely! t de-lo,
nd 'he necessr to reconstruct industrial and
other economic resources ar o raise standards
of productivity through meEre consistent wit-h
the other provisions of this Charter."
Mexico C.2/6/Add.14 The Article to read:
"Me'es shall vthU. ir res territries
take action desi-tro e'sre t deelop
where necessary to reconstuct induSrtl a thr
economic resources and to raise standards of
productivity Lhto me: coizisttwith
other provisions of this Chexr/7.
/ARTICLE 10 ARTICLE 10
Paragraph(s)
2.
2.
Country
Burma
Pakistan
No. of addendum
to document
E/CONF.2/
11/Add .2
C .2/6/Add.2
Amendment or Reservation
Line 4 through 10 to read:
"... the Organization shall, within its
powers and resources furnish any Member
which so requests with appropriate advice
concerning its [plans] development and
the financing and the carrying out of
its prograrmes for economic development,
or shall assist it to procure such
advice..."
Last sentence to read:
"The Organization shall, upon the same
conditions, likewise aid Members in
procuring appropriate technical
assistance [.], capital goods,
equipment - and materials,
Explanation
"This amendment is
intended to empower
the Organization to
undertake surveys
when so requested by
a Member".
"The amendment is
Intended to enlarge
the scope of
co-operation and
assistance which the
the Members may seek
from the Organization."
Add to the end of the 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".
/Add the following
2.
Turkey ARTICLE 10 (continued)
No. of addendum D
to document
ervationsParagraph(sp)anat Country E/CONF.2/ Amendment or cs --xPIin
Addiational Mexico C.2/6/Add.14 Add the following two pargraphs:
"3. The Members recognize the desirability
of ing uch internal regulations as are AO
necessary to direct the ma volume investment
into productive activities thus avoiding the
diversIcofhe savings andi esurces at their
disposal into peculative activities.
"4. In order to perform the functions referred
to in paragraphs 1 nd 2 of this Article and
theother functions envisaged for promoting
the development of the velope countries,- .
the Organizatio. h.1-l a Co
Economic Development which shal operate in
accordance with the provisions of
Article 80-B."
/AR1CFE ARTICLE 11
Paragraph ( s)
1.
1.
1.
Country
Italy
Chile
Uruguay
No. of addendum
to document
E/CONF.2/
11/add.18
C.2/6/Add.4
C.2/6/Add.5
Mexico C.2/6/Add.14
Amendment or Reservation
The first sentence to read:
"Progressive industrial and general economic
development requires among other things adequate
supplies of manpower, capital funds, materials,
modern equipment and technoIogy and technical
and managerial skills".
The first sentence of the paragraph to read:
"Progressive industrial and general economic
development requires, among other things, adequate
supplies of Capital funds, materials,
equipment and technology, technical and
managerial skills, stable markets and
remunerative prices."
The first sentence of the paragraph to read:
"Progressive industrial and general economic
development requires among other things adequate
supplies of capital funds, raw materials, labour,
equipment and materials, technical methods or
facilities and technical and managerial skills,
and also access to international transport
facilities."
The paragraph to read:
"Progressive industrial and general economic
development requires among other things adequate
Supplies of capital funds, materials, modern
equipment and technology, and technical and
/managerial skills.
Explanation
OI ARTICLE 11 (continued)
Paragraph( s)
1.
Country
China
No. of addendum
to document
E/CONF.2/
C.2/6/Add.8
amendment or Reservation
managerial skills. [Accordingly, no Member shall
impose unreasonable or unjustifiable impediments that
would prevent other Members from obtaining on
equitable terms any such facilities for their
economic development, and the Members shall
co-operate in accordance with Article 10, in
providing or arranging for the provision of such
facilities, within the limits of their power.]
The Members shall make every effort necessary to
ensure that the underdeveloped countries are able
to obtain on equitable terms the facilities
required or their economic deveIopment."
The paragraph to read:
"Progressive industrial and general economic
development requires among other
adequate supplies of capital funds, materials,
modern equipment and technical and managerial
skills. Accordingly
(a) No member shall impose unreasonable
or unjustifiable impediments that would
prevent other Members from obtaining on
equitable terms any such facilities for their
economic development, and the Members shall
co-operate in accordance with Article 10.
in providing or arranging for the provision
of such facilities within the limit of
their power.
(b) The Organization shall implement its
advice concerning plans for economic
development mentioned in Article 10,
/paragraph 2
This article mentions
adequate supply of
capital funds, materials,
modern equipment and
technology and technical
and managerial skill as
necessary conditions for
the progressive industrial
and general economic
development, but emphasis
is laid on private
investments. But such
investments cannot be
so co-ordinated as to
supply adequate funds
for the execution of
comprehensive plans.
This should be the work
of the International
/Bank, iwhch
Explanation_ ARTICLE 11 (continued)
Paragraph( s)
Country
No. of addendum
to document
E/CONF.2/
Amendment or Reservation
paragraph 2 by making reccommendations to the
International Bank for Reconstruction and
Development for financial assistance
necessary to the execution of such plans.
In so doing, the Organization shall, in
accordance with Article 8 and Article 1,
paragraph 2, give preferential
consideration to those countries which are
still in the early stages of industrial
development
Explanation
Bank, which has been
specially organized for
the purpose. While the
ITO cannot decide for
the Bank its loan policy,
it should at least
implement its advice
mentioned in Article 10,
paragraph 2, with specific
recommendations. As
Chapter IV has forged a
close link between the
ITO and the International
Monetary Fund, a similar
arrangement should be
provided for with the
International Bank in
this chapter. The
generic term
"inter-governmental
organizations" used in
Article 10 is not
specific enough. It
may also be pointed out
that, in the
United Nations, the
Fund, the Bank, the
FAO, etc. are known
as specialized
agencies instead of
inter-governmental
organizations.
/Delete the present text ARTICLE 11 (continued)
Paragraph(s)
2.
Country
Mexico
No. of addendum
to document
E/CONF.2/
C.2/6/Add.14
11/Add .2
Amendment or Reservation
Delete the present text and replace by the
following:
"In order to assure just and equitable
treatment for investments, the Organization
may make recommendations with a
view to securing a statement of principles as
to the conduct, practice and treatment of
foreign investment."
The paragraph should read;
"In Order to stimulate and assure the
provisions and exchange of facilities for
industrial and general economic development,
no Member shall take [unreasonable or
unjustifiable] action within its
territories [Injurious] discriminatory to
the rights or interests of nationals of
other Members in the enterprise, skills,
capital, arts or techhnology which they
have supplied."
"As the paragraph stands
at present foreign
'enterprise, skills
capital, artr or
technology' are given
better treatment than
national 'enterprise
skills, capital, arts
or technology'. The
amendment is intended
to give equal
treatment to both."
C.2/6/Add.16
The paragraph to read:
"In order to stimulate and assure the
provision and exchange of facilities for
industrial and general economic development,
no Member shall take unreasonable or
unjustifiable action within its territories
injurious to the rights or interests of
nationals of other Members in the enterprise,
skills, capital, arts or technology, which
they have supplied with the consent or at
the request of the Member concerned."
/The paragraph to read
Norway ARTICLE 11 (ccntinued)
No. of addendum
to document
Paragraph(s) Country E/CONF.2/ Amendment or Reservation Explanation
2. Chile C.2/6/Add.4 The pragraph to read as follows:
"In order to stimulate and assure the provision and
exchange of facilities for industrial and general
economic development [no Member shall take] the Members
undertake:
(a) to notify the Organization in the event of a
shortage of consumer goods or goods essential for the
maintenance of established industries and to consult
with countries having a substantial interest in the
importation of such goods in order to reserve an
essential minimum supply for them;
(b) to prevent alI speculation in consumer goods of
vital importance to other Member countries;
(c) not to take unreasonable or unjustifiable action
within its territories injurious to the rights or
interest of nationals of other Members in the
enterprise, skills, capital, arts or technology which
they have supplied."
3. Mexico . C2/6/Add.14 Delete the present text and replace by following:
"If circumstances exist which prevent a Member
country from enjoying equitable participation in
the exploitation of its natural resources, the
Member country may apply the necessary corrective 0* o
meanizasures, including the orgation of joint
entierpriises in whicomihan national captal is prednt."
/Afgh<ian ARTICLE 11 (continued)
No. of addendum
to document
Paragraph(s) Country E/CONF.2/ Amendment or Reservation Explanation
3. Afghanistan C.2/6/Add.7 Add to the end of the paragraph:
"Thae Organization may also make recommendations for
and promote international agreements and arrangements
directed to an equitable international distribution
of the technical and managerial skills and arts, and
of materials and equipment which are needed for the
economic development of Members and which are in
short supply. Such agreements and arragements shall
have regard to the principle that all Members,
particularly Members whose economies are insufficiently
or undevelopea, shall have access to an equitable
share of the international supply of such skills
and products."
Additional Peru C.2/6/Add.9 New paragraph to be inserted between present
paragraphs 3 and 4 with consequential chanes in
numbering:
"(a) A Member shall, at the request of any other
Member, initiate direct negotiations tending to
remove such obstacles, whether legal or material,
that might prevent the latter from obtaining the
means indicated in paragraph 1 for promoting
economic development.
Should any of the parties so request it, these
negotiations will be sponsored by the Organization,
and in such case it should study the proposals
presented by the Member directly concerned, and
propose such conciliatory formulae as to solve the
difficulty in question accordquiting to an table
sprit and to the need for develeoping the economy
of the requesting country. /Should a Member ARTICLE 11 (continued)
No. of addendum -
to document
Paragraph(s) Country Amendme nEt or Rtesnervation xplanaio t
Should a Member refuse to deal with the
proposal presented to it, or delay unjustifiedly
its consideration, or fail to consent to solutions,
which are v-be in the judg.nt f the Organization,
it shall be, deemed that all this falls under the
provisions of Article 89 of the Charter and it will,
consequently, cause the application of the procedure
provided fomr in Chapter 3 (VIII) or the sae.
(b) Should the legal or material impediment
encountered by a Member in obtaining the means of
development pfointed out in paragraph 1, be o the
concern of any inter-overental agency, such
Member may also request that negotiations with
such agency be carried out under the auspices of
athe Organaizatmion, which shll act in the anner
indicated in the preceding sub-paragraph."
4. Mexico C.2/6/Add.14 Delete the present te:xt anod replace by follwing
" accordance with Article 10, every facility
sihall beiiven to the Cmttee for Economic
Development iestabliished under Artcle 80-B in
the performance of its functions."
/NMAICLE
m n~~~~~~~~~ NEW ARTICLE 11A
No. of addendum
to document 0
Paragraph(s) Country E/CONF.2/ Amendment or Reservation Explanation
Chile C.2/6/Add.4 "1. The Members undertake to facilitate by all means
in their powers:
(a) the industrial development of the raw materials
constituting the basic production of the industrially
under-developed countries;
(b) the establishment in such countries of new
industries and the expansion of the industries
already established there which are appropriate
to local economic conditions and which contribute
to the attainment of a higher level of consumption
both nationally and internationally;
(c) the importation into their territories and
the sale at remunerative prices and in adequate
quantities of the natural or manufactured products,
the export of which is essential for the stability
of the national economies and for raising standards
of living and labour in other Member countries.
2. Members shall, for this purpose, supply one another,
in accordance with the provisions of Article 11,
paragraph 1, with technical skills, production goods and
the necessary credits.
3. The Organization shall study and propose to Members
procedures and measures adequate
(a) progressively to eliminate any unwarranted
disparity between the prices of raw materials
and the prices of manufactured products;
/(b) to facilitate NEW ARTICLE 11A (continued)
Parag
Paragraph(s)
1
Country
Ceylon
No. of addendum
to document
E/CONF.2/
11/Add.33
Amendment or Reservation
(b) to facilitate the knowledge, employment and
reciprocal use of industrial patents, among Member
States, on fair commercial terms."
ARTICLE 12
Add the following sentence to the end of the
paragraph:
"Nothing in this Article shall be so construed as
(a) to entitle any Member to invest in any other
Member's country without the prior approval of that
Member or
(b) to entitle any Member to retain an existing
investment in the country of another Member except
with the consent of that Member."
The second sentence to read:
"They recognize that such development would be
facilitated if Members were to afford for
international investments in a form acceptable
to them, reasonable opportunities upon equitable
terms to the nationals of other Members and
security for existing and future investments."
The first part of the first sentence to read:
"The Members recognize that, with appropriate "This is to provide
safeguards, including measures adequate to ensure specifically against
/that foreign
Explanation
1
Norway
C.2/6/Add.6
1
Pakistan
C.2/6/Add.2 ARTICLE 12 (continued)
Paragraph(s)
No. of addendum
to document
Country E/CONF.2/
Amendment or Reservation
that foreign investment is not used as
basis for economic exploitation or
interference in the internal affairs or
national policies of Members....."
Explanation
a any act of exploitation
by the foreign investors
at the expense of the
normal growth of the
Member's economic
resources ".
Last sentence of paragraph to read:
"Accordingly they agree to provide, consistent
with the limitations recognized as necessary
in this Article, [the widest] reasonable
opportunities for investment and [the
greatest] adequate securities for existing
and future investments."
"The use of superlatives
gives the impression
that foreign investment
is to receive a more
favourable treatment
than accorded to national
investment " .
Uruguay
C.2/6/Add .5
United States 11/Add.20/Rev.2
Delete present text and substitute following:
"The Members recognize that international
investment, both public and private, can
be of great value in promoting economic
development and consequent social progress."
Last sentence to read:
"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."
Consequence of proposed
deletion of paragraph 2
of Article 12.
/Last sentence
Pakistan
C.2/6/Add.2
1
1 ARTICLE 12 (continued)
Paragraph(s)
1
Country
No. of addendum
to document
E/CONF.2/
Argentina 11/Add.3
Amendment or Reservation
Last sentence to read:
"Accordingly they agree to provide, as far as is
possible and consistent with the limitations
recognized as necessary in this Article, the
widest opportunities for investment and the greatest
security for existing and future investments."
Delete last sentence:
"Accordingly they agree to provide, consistent
with the limitations recognized as necessary in
this Article, the widest opportunities for
investment and the greatest security for existing
and future investments."
Venezuela C.2/6/Add.18
Delete last sentence
"as proposed by Czechoslovakia"
"It is the general
policy of the Czechoslovak
government not to admit
direct investments into
Czechoslovakia (i.e.
those of investments
where a foreign investor
acquires ownership,
interest or property in
an enterprise in
Czechoslovakia)... It
should be left to the
consideration of the
government of each
country to decide what
would be its policy as
to investments."
/Add the following
Czechoslovakia
Explanation
1
1 ARTICLE 12 (continued)
Paragraph(s)
Country
Afghanistan
No. of addendum
to document
E/CONF.2/
C.2/6/Add.19
Amendment or Reservation
Add the following sentence to the paragraph:
Explanation
"Reasonable masures to ensure participation by
the nationals of a Member in the future expansion
of any branch of economic activity within its
territories through increased foreign investment
shall not be deemed to be in conflict with the
obligations assumed under this Article; Provided
that, if the national of other Members whose
interests are materially affected believe that
the measure taken is inconsistent with the
provisions of this Article, the Member taking
the measure will provide adequate opportunity
for consultation with a view to reaching a
satisfactory settlement with the affected
nationals."
C .2/6/Add.22
11/Add.33
C.2/6/Add.18
C.2/6/Add.5 /Rev.1
Add the following sentence to the end of the
paragraph:
'Nothing in this Article shall be so construed
as to permit any international investment to be
made in the territory of a Member without the
prior approval of that Member."
Delete .
Delete.
Delete.
/Delete present
1
New Zealand
2
Ceylon and
Venezuela
2
Uruguay ARTICLE 12 (continued)
Paragraph (s)
2
Country
No. of addendum
to document
E/CONF.2/
United. States 11/Add.20/Rev.2
Amendment or Reservation
Delete present text and substitute:
"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.
Explanation
1. Difficulties of
interpretation and
substance in present
Draft.
2. New Draft is
desirable and
unambiguoue method
of putting into effect
the principles of
paragraph 1 about
which there was
substantial unanimity
at the Geneva Session
of the Preparatory
Committee.
Delete following preamble
"Subject to restrictions imposed in accordance
with the Articles of Agreement of 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."
Preparatory Committee.
"Argentina is not a
member of the International
Monetary Fund and
its own exchange system
It cannot therefore, enter
into an agreement on this
matter with the
Organization. (See
reservation to Article 20)".
/"Argentina cannot
2
Argentina 11/Add.3 ARTICLE 12 (continued)
Paragraph(s)
2 (a)
Country
No. of addendum
to document
E/CONF.2/
Argentina 11/Add.3
Amendment or Reservation
The first sentence to read:
"With respect to existing investments or to
future investments after they have been made,
no Member shall impose, directly or indirectly,
requirement on the investments of nationals
of other Members which are appreciably more
onerous than those which the Member imposes in
similar circumstances [upon its own nationals
or] upon the nationals of third countries."
"Argentlna cannot
accord national
treatment to
foreign investments".
Argentina 11/Add.3
Sweden
11/Add.13
The clause to read as follows:
"reasonable measures to ensure participation
under (iv) below, by the nationals of the
Member in the future expansion of any branch
of industry within its territories through
increased investment; [Provided that, if
the nationals of other Members whose interests
are materially affected believe that the
measure taken is inconsistent with the
provisions of this paragraph, the Member
taking the measure will provide adequate
opportunity for consultation with a view to
reaching a satisfactory settlement with the
affected nationals;]"
Lines 4 and 5 to read:
"future expansion of any branch [of industry]
of economic activity within its territories".
/Text should read:
2 (a) (iii)
2 (a) (iii) ARTICLE 12 (continued)
Paragraph(s)
Country
2 (a) (iv) Argentina
No. of addendum
to document
E/CONF.2/
11/Add.3
Amendment or Reservation
Text should read:
C.2/6/Add.15
C.2/6/Add.4
"reasonable measures taken to ensure the
transfer of ownership, in whole or in part,
of any investment within its territories
from the nationals of any other Member to
its own nationaIs, it being understood that
such measures will provide for the payment
of just consideration for the ownership
transferred [and that if the nationals of
any other Member believe such provision has
not been made, the Member will provide
adequate opportunity for consultation in
the manner described in (iii) above.]"
Incorporate in the appropriate place the
footnote in column 2 on page 13 of the draft
Charter from: "A Member's obligation....."
to the end of the page.
New paragraph to be inserted between present
paragraphs 1 and 2 with consequent changes in
numbering:
"In accordance with the provisions of
paragraph 1, Members with a favourable balance
of payments and plentiful supplies of capital
shall take the necessary steps to facilitate
the obtaining of adequate long-and short-term
credits, on the basis of the provisions of
paragraphs 3* and 4* of this Article, by
* Numbers according to renumbering Me necessary by Chilean amendments.
/countries
Explanation
2
Additional
Denmark
Chile ARTICLE 12 (continued)
No. of addendum
to document
Paragraph(s) Country Amendment or Reservation
countries which request them and shall ensure
that the interest and amortization rates are
fair, having regard to the rates prevailing
in the capital market and the risks involved
in such transactions".
3 Chile C.2/6/Add.4 This paragraph to read as follows and to be
renumbered 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. In realizing
such co-operation, satisfaction shall, wherever
possible, be given to the desire of national
capital to have a proper share in the financing,
management and administration of the enterprises
concerned."
3 Uruguay C.2/6/Add.5/Rev.1 Delete.
Additional Chile C.2/6/Add.4 Add the following paragraph after present paragraph 3
to be renumbered 5:
"The Organization shall establish organs or
procedures suitable for the collection and
centralization of information regarding the
availability and volume of private capital available
and the requirements, conditions and possibilities
of the countries requiring such capital, in order to
effect contact between capitalists wishing to make
/investments ARTICLE 12 (continued)
No. of addendum
to document
Paragraph(s) Country E/CONF.2/ Amendment or Reservation Explanation
investments and enterprises requiring capital and
to facilitate and control the operation and
application of the provisions of this Article.
Local bodies including members of the associations
representing industry, trade and banking in the
various countries shall serve as liaison organs
to facilitate the collection of the information
referred to in this Article."
Additional Costa Rica 11/Add.16 Add the following paragraph 4:
"The Members of the Organization are agreed that
in order to stimilate 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 propietors or shareholders shall
not be taxed by any State other than that in
which the capital concerned has actually been
invested."
All Mexico C.2/6/Add.14 Delete the present text and insert the following:
"1. The Members recognize that, with appropriate
safeguards, including measures adequate to ensure
that foreign investment is not used as a basis
/for interference ARTICLE 12 (continued)
No. of addendum
to document
Paragraph(s) Country E/CONF.2/ Amendment or Reservation. Explanation ro
for interference in the internal affairs or 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 of their own legislation, the
widest security for existing investments and
opportunities for such investments as may be
made in the future.
"2. Any national of a Member country emigrating
to a country other than his country of origin or
investing his capital in such country is obliged
to respect the laws of the country to which he
emigrates or in which he invests his capital,
and if any difficulties arise shall have recourse
to the facilities for his protection established
in that legislation. The Members undertake not
to afford diplomatic protection to any of their
nationals who expressly and voluntarily renounce
such protection. Nor shall protection be granted
where one or a group of their nationals has
made investments in a foreign country through:
/(a) a juridical ARTICLE 12 (continued)
No. of addendum
to document
Paragraph(s) Country E/CONF.2/ Amendment or Reservation Explanation
(a) a juridical person having assumed the
nationality of that country, or
(b) an intermediary who either is or claims
to be a national of the country in which the
investment is made, no matter what the interests
the intermediary may claim to represent, when
the subterfuge has been adopted with the purpose
of evadIng regulations which in any way restrict
or impose requirements on the participation of
aliens In specified activities.
"3. The Members recognize that foreign investment
should be made in a way which not only secures profits
for the investors but takes into account the sound
and balanced economic development of the countries
receiving such investment. They also recognize that
investment should preferably be directed towards
activities which assist in correcting the adverse
trade balances or increase the transfer capacity of
such countries. To this end the movement of capital
and the reinvestment of profits and sinking funds
shall be encouraged by appropriate measures,
including fiscal agreements between the countries
concerned.
"4. The Members shall promote co-operation between
their nationals and foreign enterprises or investors
with a view to stimulating economic development in
cases in which they deem such co-operation appropriate."
/Delete ARTICLE 12 (continued)
Paragraph(s)
All
Country
Burma
No. of addendum
to document
E/CONF.2/11
Add.2
Amendment or Reservation
Explanation
Delete. 'The inclusion of this
Article overshadows the
true purpose of the
Chapter, which is
'Economic Development'.
The purpose of this
Article is already
covered by paragraphs
2 and 3 of Article 11.
Maintains
Draft Charter.
Maintains
Draft Charter.
Delete.
reservation as stated in the
reservation as stated in the
"The subject matter of
this Article is outside
the scope of the Charter.
The general obligations
of Members in regard to
the treatment of foreign
investments are
adequately covered by
Article 11."
/NEW ARTICLE 12A
All
All
All
Norway
New Zealand
India
Add.27 No. of addendum
to document
Paragraph(s) Country E/CONF.2/ Amendment or Reservation ExplanatIon
Colombia C.2/6/Add.3 To Be Added as a New Article After Article 12:
"Special Rules Relating to Countries in an Early State
of Economic Development".
1. With a view to promoting, in countries still in
an early stage of economic development, the full
utilization of their human and natural resources,
the member countries undertake to adopt by means of
bilateral treaties or multilateral conventions of a
regional nature, under the auspices of the Organization,
or of existing regional organizations, the following
measures:
(a) The creation of technical institutions to be
maintained with funds supplied by such countries
as may participate in their constitution,
proportionally to the national income of each
country, to fulfill, in respect of countries
still in an early stage of economic development,
the following functions:
(1) To study of its own initiative or at
the request of any interested country,
the natural resources of such country
including minerals, soils, forestry,
fuels and hydraulic force, and to
formulate and place at the disposal of
the country concerned, plans for the
adequate use of such resources.
/(ii) At the request
NEW ARTICLE 12A NEW ARTICLE 12A (continued)
Paragraph(s)
Country
No. of addendum
to document
E/CONF.2
Amendment or Reservation
(ii) At the request of any interested country,
to study the possibilities of its inndustrial
development, from the point of view of
available raw materials as well as from a
technical and commercial point of view;
formulate general plans for its
industrialization, or special plans for
the development or improvement of any of
its particular industries, or consider
and report on any plane of such nature
which may be submitted to the Institution
by the interested country; asslst the
country concerned in the planning and
establishing of manufacturing industries,
and generally to supply to any Interested
country adequate technical assistance in
matters connected with its industrial
development.
(iii) To render to any interested country all
necessary technical assistance in matters
connected with the reservations of its soil,
forests and waters, irrigation and drainage,
cultivation of new products and exploitation
of mineral resources and fuels.
(iv)
To promote, to the highest possible extent,
by means of the creation of appropriate
establishments, and the support and
improvement of those already existing the
preparation of technical and skilled labour
/in mining NEW ARTICLE 12A (continued)
No. of addendum
to document
Paragraph(s) Country E/CONF.2/ Amendment or Reservation Explanation
in mining, agricultural and manufacturing
industries, and to co-operate in the solving
of all scientific and technical problems
concerning the raising of the physiological
and cultural level of workers.
(v) To render technical assistance to any
interested country in the improving of its
systems of transportation and communications,
and in the planning of new facilities of
this nature.
(vi) To serve as an organ of co-ordination and
promotion of private investments of an
international character. To carry out any
work of inspection, investigation or
exploration in the territory of any country,
the Institution shall require express
authority from the Government of that
country.
(b) The co-ordination of systems of taxation
in such form as to promote the flow of private
investments to countries still in an early stage
of economic development, on the basis of the
principle that income can only be taxed in the
country in which it is effectively produced, and
properties in the country in which they are situated.
/2. Members NEW ARTICLE 12A (continued)
Paragraph( s)
Country
No. of addendum
to document
E/CONF.2/
Amendment or Reservation Explanation
2. Members recognize that in the absence of a
normal and adequate flow of private international
Investments, the action of international agencies
of a financial and monetary nature should be
complemented by means of inter-governmental agreements
regarding loans for monetary stabilization and
economic development. The Organization may
formulate recommendations regarding financial.
co-operation between governments with a view to
eliminating or reducing the necessity of using
restrictive measures.
3. The Organization shall take into account in
the exercise of its powers, whether or not a
member country whose interests may be specially
affected in any decision the Organization may be
called upon to give has obtained reasonable
co-operation from other Members or existing
inter-governmental organizations.
/ARTICLE 13 ARTICLE 13
PART A - AMENDMENTS AFFECTING SPECIFIC PARAGRAPHS OF THE PRESENT DRAFT
Paragraph(s)
1.
2. (a)
Country
United Kingdom
Turkey
2. (a) Ecuador
No. of addendum
to document
E/CONF.2/
11/Add.8
11/Add.26
C.2/6/Add.6
. . .
-
- - _
ys. ,
Amendment or Reservation
Line 10 to read:
"n miesdmu burdeon their own erooraie-3
ici"p
Teh paragraph to read:
(a)" If a Mmeber in the interest ofi ts prgrammeo
of economci developmen tor reconstruction.
considers 't desirable to aeopt]7adopts any
non-discrmiinaotry meesurewh ichw ould conflcit
with any provisio nof Chapter IV or with nay
obilgAtion which the Member has assmedu throguh
negotiations with any other Mmeber or Members
pursuant to Chapter IV, mach applicant Member
shall so notify the Organiazntion and shall
tranmsit to theO rganizatio na written staemetnt
c the considerations in support of the adoption
of .the [proposed] measure."
The text of this sub-paragraph to read: .
) eMIfa H iemtheer.-nb snereeit sf Igttrmo.raxe
of economic dpevelooment r reconstructoiond cnsiers
lt esle iraab1o -onpt az non-discriminatory measure
whwichd oul conflict with any provision of
chapter IVw or ith any obligation whthich e Member
has assumhred tough negotiations with atny oher
Member or Members pursuant to Chapter[s IV uch
appli]cant the Member may adopt the measure with
whiich t is conce,rned
but shaIl oso ntify the
O rganioz atinand shall transmit to the Organization
iwritten statement tof -e considerations in support
of t[aduohoption of ]the proposed meas.ure"
Ea ltarin
Draftnig change.
%,
/Tilippines
?
V... z;.--
r. ARTICLE 13 (continued)
No. of addendum
to document
Paragraph(s) Country E/CONF.2/ Amendment or Reservation Explanation
2. (c) Philippines C.2/6/Add.12 The paragraph to read:
(c) "The Organization shall then promptly examine
the proposed measure to determine whether it.
concurs in it, with or without modification, and
shall in its examination have regard to the
provisions of this Charter, to the considerations
presented by the applicant Member [and its stage
of economic development or reconstruction] to the
views presented by Members which may be
substantially affected, and to the effect which
the proposed measure, with or without modification,
is likely to have on international trade."
4. Colombia C.2/6/Add.3 Insert a new sub-paragraph between present sub-
paragraphs (a) and (b), to read as follows:
"The Organization shall not withhold consent and
shall consequently release the applicant member
from any obligation under such provision when
that member can show that, in the relatively
undeveloped stage of its industrial resources,
the proposed meaures are indispensable to ensure
either of the following purposes:
(1) to protect within the territory of the
country concerned the Industrial
transformation of primary commodIties
produced in the said territory, or which
owing to the natural conditions of that
territory can economically be produced
there, and;
(ii) to protect those branches of agricultural
production which constitute the traditional
/occupation of ARTICLE 13 (continued)
Paragraph(s)
4.
Country
(b) Philippines
4. (b) Cuba
4. (c)
No. of addendum
to document
E/CONF.2/
C.2/6/Add.12
C.2/6/Add.10
United Kingdom
Amendment or Reservation
occupation of important groups of population
in the territory of the country concerned."
Line 9 through 15 to read:
".... having regard to the economies of the industry
or the branch of agriculture concerned [and to the
current economic condition of the applicant Member]
the Organization shall concur in such measure and
grant such release as may be required to make such
measure effective.
Add the following paragraph 4 (b):
"The Organization shall also concur in such measure
and grant such release as may be required to make
such measure effective when it is established that
any of the basic sectors of the applicant country's
production for export is being adversely affected
by restrictions applied by other Members under any
of the exceptions authorized under Articles 20 and
21, inasmuch as restrictions on production for export
make it still more essential to provide or increase
opportunities for employment in industries intended
to met the needs of home consumption, in order to
avoid unemployment of any kind."
Lines 12, 13 and 14 to read:
"... or reconstruction of the industry or
industries [concerned,] or branches of
agriculture concerned....."
Explanatlon
Drafing change. E/CONF.2/C.2/9 Page 32 Paragraph(s)
Additional
Country
Iraq
No. of adddendum
to document
E/CONF.2/
C.2/6/Add.20
ARTlCIE 13 (continued)
Amendment or Reservation Explanation
A paragraph to be added to the end of Article 13:
"The Organizatlon shall not raise any objection
against any non-discriminatory protective
measures instituted by a Member for the purpose
of its economic development, if a measure of
a similar nature is maintained under similar
Conditions by any other Member of the
Organization in accordance with
Article 14."
PART B - AMMENDMENTS ON SINCE POINTS AFFECTING SEVERAL PARAGAPHS
"This Will allow
underdeveloped
countries facing
new problems in the
course of effecting
their programmes
of development to
adopt measures
which are not more
restrictive than
measures already
in force in other
Member countries
similarly placed
but with the
advantage of an
earlier start."
1, 2 (a), (b)
and 4 (c)
Cuba
C.2/6/Add.10
The first sentence of paragraph 1 to read:
"The Members recognize that special governmental
assistance may be required to promote the
establishment, [development] maintenance or
reconstruction of particular industries, or
particular branches of agriculture, and that
in appropriate circumstances the grant of such
assistance in the form of protective measures
is justified."
/the five first lines E/CONF.2/C.2/9 Page 33 ARTICLE13 (continued)
PART B - AMENDMENTS ON SINGLE POINTS AFFECTING SEVERAL PARAGRAPHS
No. of addendum
to document
E/CONF.2/
Country
Amendment or Reservation
The five first lines of paragraph 2 (a) to read:
"If a Member in-the interest of its programme of
economic development, maintenance or reconstruction
considers it desirable to adopt any non-
discriminatory measure which would conflict with
any provision of Chapter IV...."
Paragaph 2 (c) to read:
"The Organization shall then promptly examine the
proposed measure to determine whether it concurs
in it, with or without modification, and shall in
its examination have regard to the provisions of
this [charter] Chapter, to the considerations
presented by the applicant:Member and its stage
of economic develoipment, including the maintenance
or reconstruction of its economy, to the views
presented by Members which may be substantially
affected and to the effect which the proposed
measure, with or without modification, is likely
to have on international trade."
Iine10 through 13 of paragraph 4 (c) to read:
"......to jeopardize the plans of the applicant
Member for the establishment, development,
maintenance or reconstruction of the industry or industry concerned.....*
Paragraph(s)
Explanation
/Delete the Word E/CONF.2/C.2/9 Page 34 Paragraph(s)
1, 2 (a) and
4 (c)
1.
ARTICLE 13 (continued)
Country
Philippines
New Zealand
No. of addendum
to document
E/CONF . 2/
C .2/6/Add.12
1. New Zealand C .2/6/Add.22
Amendment or Reservation
Delete the word "reconstruction" wherever
occurs, in these paragraphs.
Explanation
it Mention of reconstruction
is to be omitted because
it is believed that this
subject could be more
adequately covered by
the proposed amendment
to Article 14. "
The first sentence to read:
"The Members recognize that special Governmental
assistance may be required to promote the
establishment, development, or reconstruction of,
or to maintain, particular industries or particular
branches of agriculture, and that in appropriate
circumstances the grant of such assistance in the
form of protective measures is justified."
C .2/6/Add.22
In line 11 insert
between the words
establishment'.
the word "maintenance"
"for the" end
This is consequential
to the amendment
proposed to
paragaph 1
/PART C - PROPOSALS AFFECTING
4. (c)
New Zealand E/CONF.2/C.2/9 Page 35 ARTICLE 13 (continued)
PART C - PROPOSALS AFFECTING SUBSTANTIALLY THE WHOLE ARTICLE
Paragraph(s)
2, 3, 4, and 5.
Country
China
No. of addendum
to document
E/CONF. 2/
C 2/6/Add.8
Amendment or Reservation
Delete 2 (a) and (b) and replace as follows:
(a) "A Member, in the interest of its programme
of economic development or reconstruction, may
adopt any non-discriminatory measure of
governmental assistance to particular
industries or particular branches of
agriculture. If, after the application of
the measure, any other member should consider
it to be in conflict with any provision of
Chapter IV or with any obligation which the
Member adopting the measure has assumed
through negotiations with the complaining
Member pursuant to Chapter IV, and the same
Member should consider its trade to be
substantially affected by the measure, a
written complaint should be filed with the
Organization stating the reasons for making
the complaint.
(b) "Upon receipt of such a complaint, the
Organization shall transmit a copy to the
Member adopting the measure, and the latter
shall transmit to the Organization a written
reply giving the considerations in support
of the adoption of the measure.
Paragraphs 2 (c), 3 (a), (c), 4 (a) and (b)
to read as in the draft Charter with the
following modifications:
Replace the term "proposed measure" by the
term "measure", /Replace the term
Explanation
"There are many provisions
of the Charter, especially
in Chapter IV, which are
necessarily flexible and
which will therefore be
susceptible to different
interpretations. For
instance, such
expressions as
"unnecessary damage",
"reasonable rate of
of increase", "unduly
restrictive effect",
etc., are of this nature.
A Member may consider
the damage to Commercial
interest as necessary.
and another as unnecessary.
Or a rate of increase
may be considered by
one Member as reasonable,
and by another as
unreasonable. If a
Member must secure the
prior approval of the
Organization for
domestic measures whose
inconsistency with
Chapter IV or with
negotiated obligations E/CONF.2/C.2/9 Page 36 ARTICLE 13 (continued)
Amendment or Reservation
Replace the term "applicant Member" by the
term "Member adopting the measure".
Paragraph 3 (b) to read as follows:
"Members shall commence the negotiations
provided for in sub-paragraph (a) of this
paragraph within such period as the
Organization may prescribe and shall
thereafter, [unless the Organization decides
otherwise,] proceed continuously with such
negotiations with a view to reaching substantial
agreement in accordance with the time schedule
laid down by the Organization."
Delete the present text of paragraph 4 (c} and
replace by the following:
Explanation
Pursuant to the same
Chapter is doubtful, it
Would mean too much
impediment to the
execution of development
programmes in the Member
countries as well as too
much work for the
Organization."
"If a Member country has adopted a measure on
account of there having been an increase or
threatened increase in the importations of product
or products concerned, including products which can
be directly substituted therefore, so substantial
As to jeopardize the plans of the Member for the
establishment, development or reconstruction of the
industry or industries concerned, or branches of
agriculture concerned, end if no preventive measures
cosistent, with the Charter can be found which seem
like to prove effective, the Organization shall,
if the matter is brought to its attention, concur
'wIth the measure."
Paragraph 5 to be deleted.
/The text to read as follows:
Paragraph(s) Country
No. of addendum
to document
E/CONF.2/ E/CONF.2/C.2/9 Page 37 Paragraph(s) Country
2, 3, 4 and 5 Mexico
No. of addendum
to document E/CONF.2/
C.2/6/Add.14
ARTICLE 13 (continued)
Amendment or Reservation
The text to read as follows:
"2 (a) If a Member, in the interest of its
programme of economic development or
reconstruction considers it desirable to
adopt any non-discriminatory measure which
would conflict with any provision of
Chapter IV or an obligation which the
Member has assumed through negotiations with
any other Member or Members pursuant to
Chapter IV, [such applicant] the Member,
on adopting such a measure, shall so notify
the organization and shall transmit to the
Organization a [written] statement of the
considerations in support of the [proposed]
measure adopted.
"(b) The Organization shall [promptly]
transmit such statement to all other Members
and any Member which considers that its
trade will be substantially affected by the
[proposed] measure adopted shall transmit
its views to the Organization within such
period as shall be prescribed by the
Organization.
"(c) The Organization shall then promptly
examine the [proposed measure] considerations
in support of the measure adopted to determine
whether it concurs in it, with or without
modification, and shall in its examination
have regard [to the provisions of this Charter]
to the considerations presented by the applicant
Member [and], its stage of economic development
or reconstruction and the provisions of this
/Charter, to the
Explanation
. E/CONF.2/C.2/9 Page 38 ARTICLE 13 (continued)
No. of addendum
to document
Paragraph(s) Country E/CONF.2/ Amendment or Reservation Explanation
Charter, to the views presented by Members
wich may be substantially affected and to
the effect which the [roposed] measure adopted,
with or without modification, is likely to have
on international trade.
"3. (a) If, as a result of its examination, pursuant
to paragraph 2 (c) of this Article, the Organization
concurs in principle in [any proposed] a measure
adopted, [with or without modification which would
be inconsistent with any obligation that the applicant
Member has assumed through negotiations with any other
Member or Members pursuant to Chapter IV, or which
would tend to nullify or impair the benefit to
such other Member or Members [of any such
obligations], the Organization shall sponsor and
assist in negotiations between the applicant
Member and the other Member or Members which
would be substantially affected, 'with a view to
obtaining substantial agreement. The Organization
shall establish and conmunicate to the Members
concerned a time schedule for such negotiations."
Text of sub-paragraphs 3 (b) and 3 (c) to read as in
Draft Charter.
In paragraphs 4 (a) and (b) replace the terms "proposed
measure" and "such measure" by the term "measure
adopted".
Text of sub-paragraph 4 (c) to read as in Draft
Charter.
/Text of sub-paragraph E/CONF.2/C.2/9 Page 39 ARTICLE 13 (continued)
Paragraph(s)
Country
No. of addendum
to document
E/CONF.2/
Amendment or Reservation
Text of sub-paragraph 5 (a) to read as in Draft
Charter.
Delete the present text of paragraph 5 (b) and
replace by the following:
'If the Organization shall definitely decide that
the measure adopted is not the procedure most
suitable for achieving the purpose proposed by
the Member, it shall make suggestions regarding
the measures which may be taken in place of the
measure adopted and shall grant the Member
reasonable time in which to make such change.
If the Member does not comply with the
recommendations of the Organization within the time
prescribed, its case shall be considered in
accordnce with Article 89 and the other relevant
Articles of this Charter."
2, 3, 4 and 5.
Argentina 11/Add. 3
.
. F
.. ..
. . .
Reservation on paragraph 2 (a)
The text of 2 (b) to read a in the Draft
Charter.
"Acceptance remains
subject to acceptance
of amendments or
reservations proposed
in the wording of P
Cha IVpter. " I
_ * . D
tr text of 2 (c)
planation ARTICLE 13 (continued)
No. of addendum
to document
Paragraph(s) Country E/CONF.2/ Amendment or Reservation Explanation
The text of 2 (c) to read:
"The Organization shall then promptly examine the
proposed measu re [todetermine whiether t concurs in it,
with or without modification] and shall in its
examination have regard to the provisions of this
Charter, to the considerations presented by the
applicant Member and its stage of economic
development or reconstruction, to the views presented
by Members which may be substantially affected, and
to the effect which the proposed measure, with or
without modification, is likely to have on
international trade ."
The text of 3 (a) and. (b) to read:
(a) "If as a result of its examination pursuant
to paragraph 2 (c) of this Article the Organization
concurs in principle [in] that any proposed measure,
with or without modification, [which] would be
inconsistent with any obligation that the applicant
Member has assumed through negotiations with any
other Member or Members pursuant to Chapter IV, or
which would tend to nullify or impair the benefit
to such other Member or Members of any such
obligation, the Organization shall sponsor and
assist in negotiations between the applicant
Member and the other Member or Members wwhich ould
be substantially affected with a view to obtaining
substantial agreement [The Organization shall
establish and communicate to the Members concerned
a time schedule for such negotiations].
/(b) "Members shall E/CONF.2/C.3/9 Page41 ARTICLE 13 (continued)
No. of addendum
to document
E/CONF.2/
Amendment or Reservation
(b) "Members shall commence the negotiations provided
for in sub-paragraph (a) of this paragraph [within such
period as the Organization may prescribe and shall
thereafter unless the Organization decide otherwise,
proceed continuously with such negotiations] with a
view to reacing [substantial] essential agreement
[in accordance with the time schedule laid down by
the Organization].
Text of paragraphs 3 (c), 4 (a) and 4 (b) to be
deleted.
Paragraph 4 (c) to read:
"If [in anticipation of the concurrence of the
Organization in the adoption of a measure concerning
which notice has been given under paragraph 2 of this
Article, other than a measure provided for in
paragraph 3 (a) of this Article] in the course of
the negotiations provided for in paragraph 3 (b) of
the present Article, there should be an increase or
threatened increase in the importations of the
product or products concerned, including products
which can be directly substituted therefor, so
substantial as to jeopardize the plans of the
applicant Member for the establishment, development
or reconstruction of the industry or industries
concerned, or branches of agriculture concerned,
and if no preventive measures consistent with this
Charter can be found which seem likely to prove
effective, the applicant Member may, after informing
/[and when practicable
Paragraph(s) Country
Explanation E/CONF.2/C.2/9 Page42 Paragraph(s)
Country
No. of addendum
to document
E/CONF.2/
ARTICLE 13 (Continued)
Amendment or Reservation
[and when practicable cowsulting with,] the
Organization, adopt such other measure as the
situation may require.[ pending a determination
by the Organization, provided that such measures
do not reduce imports below the level obtaining
in the most recent representative period preceding
the date on which the member's original.
Notification was made under paragraph 2 of this
Text of paragraph 5 to be deleted.
/The text of paragraph 2 (a)
Explanation E/CONF.2/C.2/9 Page43 ARTICLE 13 (continued)
Paragraph(s)
2, 3, 4 and 5
Country
Ceylon
No. of addendum
to document E/CONF.2/
11/Add.33
Amendment or Reservation
The text of paragraph 2 (a) to read:
"If a Member in the interest of its programme
of economic development or reconstruction considers
it desirable to adopt any [non-discriminatory]
measure which would conflict [with any provisions
of Chapter IV or] with any obligation which the
Member has assumed through negotiations with any
other Member or members pursuant to Chapter IV,
such applicant Member shall so notify the
Organization and shall transmit to the
Organization a written statement of the
considerations in support of the adoption of
the proposed measure."
The text of sub-paragraphs (b) and (c) to read
as in Draft Charter.
Paragraph 2 (d) is the text of paragraph 3 (a)
of the Draft Charter with the following changes:
"If as a result of its examination pursuant
to paragraph 2 (c) of this Article the Organization
concurs in principle in [any] the proposed measure,
with or without modificatlon, [which would be
inconsistent with any obligation that the applicant
Member has assumed through negotiations with any
other member or Members pursuant to Chapter IV,
or which would tend to nullify or impair the
benefit to such other member or Members of any
such obligations,] the Organization shall sponsor
and assist in negotiations between the applicant
Member and the other member or Members which
would be substantially affected with a view to
obtaining substantial agreement. The Organization
/shall establish
Explanation
? . - 7-1 ? E/CONF.2/C.2/9 Page 44 ARTICLE 13 (continued)
No. of addendum
to document E/CONF.2/
Paragraph( s) Country Amendment or Reservation Explanation
shall establish and commuicate to the Members
concerned a time schedule for such negotiations."
Paragraph 2 (e) is the text of paragraph 3 (b)
of the Draft Charter.
Paragraph 2 (f) is the text of paragraph 3 (c) of
the Draft charter.
A new paragraph 2 (g) to read:
"The Oranization shall at the earliest
opportunity, but ordinarily within 15 days, after
receipt of the statement referred to in
sub-paragraph (a) of this paragraph, advise the
applicant Member of the date by which the
Organization will notify it whether or not it
concurs in principle with the proposed measure,
with or without modification".
Paragraphs 4 and 5 to be deleted.
Insert a new paragraph to read as follows and to
be numbered 3 (a) in accordance with the renumbering:
"(a) If any Member in the interests of its programme
of economic development or reconstruction, adopts
any protective measure which conflicts with any
provision of Chapter IV, other than a measure of
the type referred to in paragraph 2 of this
Article, the Member shall notify the organization
of its adoption of the measure."
"(b) 'The Organization shall promptly transmit such
statement to all other Members and any Member,
which considers that its trade would be substantially
/affected E/CONF.2/C.2/9 Page45 ARTICLE 13 (continued)
No. of addendum
to document
Paragraph(s) Country E/CONF.2/ Amendment or Reservation Explanation
affected by the measure may transmit its views
to the Organization within such period as
shall be prescribed by the Organization. "
"(c) TheOrganization shall then promptly
examine the measure to determine whether it
concurs in it, with or without modification,
and shall in its examination have regard to
the provisions of this Charter, to the
considerations presented by the applicant
Member and its stage of economic development
or reconstruction, to the views presented by
Members which may be substantially affected,
and to the effect which the proposed measure,
with or without modification, is likely to
have, on international trade."
"(d) On the completion of the examination
pursuant to sub-paragraph (c) of this
paragraph, the Organization shall make such
recommendation to the applicant Member as it
deems appropriate, and the Member shall give
effect to such recommendation."
2, 3, 4 and 5 India C.2/6/Add .11 Text of paragraph 2 (a) to read:
"If a Member in the interest of its
programme of economic development or reconstruction
considers it desirable to adopt any non-discriminatroy
measure which would conflict [with any provision of
Chapter IV or] with any obligation which the Member
has assumed through negotiations with anyother
Member or Members pursuant to Chapter IV, such 40
applicant Member saoll so notify the Organizatic
/and shall ARTICLE 13 (continued)
No. of addendum
to document
E /CONF.2/
Amendment or Reservation
Explanation
and shall transmit to the Organization a written
statement of the considerations in support of
the adoption of the proposed measure."
Paragraph 2 (b) and (c) and paragraph 3 to
read as in the Draft Charter.
Delete paragraph 4.
Text of paragraph 5 (a) to read:
"(a) [In the case of measures referred to in
paragraph 3 of this Article], the Organization
shall, at the earliest opportunity but
ordinarily within fifteen days after receipt of
the statement referred to in paragraph 2 (a) of
this Article, advise the applicant Member of the
date by which the Organization will notify it
whether or not it concurs in principle in the
proposed measure, with or without modification."
These amendments are
designed to exempt
non-discriminatory
measures required
for economic
development from
the procedure
laid down in the
existing draft of
Article 13.
Delete paragraph 5 (b).
Add a new paragraph as follows:
"A Member may, for the establishment, development,
or reconstruction of a particular industry or a
particular branch of agriculture, adopt any non-
discriminatory protective measure which conflicts
with the provisions of Article 18, 20 or 31, if
/such measures
Country
8
aParrgph(a)s ARTICLE 13 (continued)
No. of addendum
to document
Paragraph(s) Country E/CONF.2/ Amendment or Reservation Explanation
such measure is the one most suitable for the
purpose, having regard to the economies of the
industry or the branch of agriculture concerned
and to the stage of economic development or
reconstruction of the Member; provided that,
in any case in which it is determined that
serious prejudice to the interests of other
Members is caused or threatened by any such
measure, the Member applying the measure
shall, upon request, discuss with the
Organization the possibility of liberalizing
the measure."
/Substitute Paragraph (s)
2, 3, 4, 5
Country
Burma
No. of addendum
to document
E/CONF.2/
23
Amendment or Reservation
Substitute the following for paragraphs 2,
3, 4 and 5 in present draft:
2. (a) If a Member in the interest of
its programme of economic development
or reconstruction considers it desirable
to adopt any non-discriminatory measure
which would conflict with any provision
of Chapter IV, such applicant Member shall
so notify the Organization and shall
transmit to the Organization a written
statement of the considerations in
support of the adoption of the proposed
measure.
(b) The Organization shall promptly
examine such statement and if it is
established that such measure is
unlikely t more restrictive of
international trade than any other
practicable reasonable measure permitted
under this Charter which could be imposed
without undue difficulty and that it is
the one most suitable for the purpose
having regard to the economies of the
industry or the branch of agriculture
concerned and to the current economic
conditions of the applicant Member, the
applicant Member, the Organization shall
/concur in
The amendment is designed
to achieve the following
Purposes:
1. To distinguish
clearly the two
different procedures
that will prevail when
(i) a proposed measure
is in conflict
with any provision
of Chapter IV of
the Charter;
(ii) a proposed
measure is in
conflict with
any obligation
an applicant
Member may have
assumed through
negotiations with
other Members
pursuant to
Chapter IV of the
Charter.
2. In cases where a
proposed measure is
/in conflict
ARTICLE 13 (continued) ARTICLE 13 (continued)
Paragraph (s)
2, 3, 4, 5
Country
Burma (continued)
No. of addendum
to document
E /CONF.2/
23
Amendment or Reservation Explanation
concur in such measure and grant such in conflict with any provision
release as may be required to make such of Chapter IV of the Charter,
release as may be required to make such but which can be established
measure effective. without difficulty to be not
more restrictive of
(c) The Organization shall also promptly international trade than any
transmit the statement of the applicant other practicable and
Member to all other Members stating the reasonable measure permitted
probable date on which a decision under under the Charter to avoid
paragraph 2 (b) of this Article will be the delay that would have
reached. The Organization shall advise been caused by unnecessary
the applicant Member of the probable date. consultation with the Members.
(d) Any Member which considers that
its trade would be substantially
affected by the proposed measure shall
transmit its views to the Organization
before the date set by the Organization
under pragraph 2 (c) of this Article.
The Organization shall not entertain
any view received after this date.
(e) Unless the Organization concurs in
the proposed measure under
paragraph 2 (b) of this Article, the
Organization shall examine the proposed
measure having regard to the provisions
of this Charter, to the considerations
presented by the applicant Member, and
its stage of economic development
/or reconstruction
3. In cases where a proposed
measure is in conflict with
any obligation an applicant
Member may have assumed through
negotiations with other members
pursuant to Chapter IV of the
Charter to enable the applicant
Member to reach agreement with
other Members whose trade
would be likely to be
substantial affected by
the proposed measure before
Organization pronounces any
Judgment on the proposed
measure. The amendment
also provides for a
contingency when negotiations
/between Members ARTICLE 13 (continued)
Paragraph (s)
2, 3, 4, 5
Country
Burma (continued)
No. of addendum
to document
E/CONF.2/
23
Amendment or Reservation
or reconstuction, to the views presented by
Members which may be substantially affected
and to the effect which the proposed measure
with or without modification is likely to
have on international trade.
(f) If as a result of its examination
pursuant to paragraph 2 (e) of this
Article, the Organization concurs in the
proposed measure with or without
modification, which would be inconsistent
with any provision of Chapter IV, the
Organization may release the applicant
Member from any obligation under such
provision, subject to such limitations as
the Organization may impose.
(g) If the applicant Member does not receive
a final reply under paragraph 2 (b) or
paragraph 2 (f) of this Article by the date
set forth by the Organization under
paragraph 2 (c) of this Article, the
applicant Member may, after communicating
with the Organization, institute the
proposed measure after the expiration of a
further thirty day from such date.
Explanation
between Members may fail
4.To enable applicant Members
to take the emergency action
envisaged in 4 (c) of the
Article under both procedures.
5.To fix a more expeditious
time-table.
/3. (a) ARTICLE 13 (continued)
Paragraph (s)
Country
No. of addendum
to document
E/CONF.2/
Amendment or Reservation
2, 3, 4, 5 Burma (continued)
23 3. (a) If a Member in the interest of - its programme
of economic development or reconstruction considers
it desirable to adopt any non-discriminatory measure
which would conflict with any obligation which the
Member has assumed through negotiations with any
other Member or Members pursuant to Chapter IV, such
applicant Member shall so notify the Organization
and shall transmit to the Organization a written
statement of the considerations in support of the
adoption of the proposed measure.
(b) The Organization shall promptly transmit such
statement to all other Members, and any Member which
considers that its trade would be substantially
affected by the proposed measure shall transmit its
views to the Organization within such period as may
be Prescribed by the Organization.
(c) Upon receipt of the views of the Members under
paragraph 3 (b) of this Article the organization
shall determine which are the Members whose trade
will be substantially affected by the propose
measure. The Organization shall then spansor and
assist in negotiations between the applicant member
and those other Members with a view to obtaining
substantial agreement. The Organization shall
establish and communicate to the Members concerned
a time schedule for such negotiations.
/(a) Members Paragraph (a)
Country
2, 3, 4, 5 Burma (continued)
No. of addendum
to document E/CONF.2/
23
ARTICLE 13 (continued)
Amendment or Reservation
(d) Members shall ca the negotiations
provided for in paragraph 3 (c) of this Article
within such period as the Organization may
prescribe and shall thereafter proceed
continuously with such negotiations with a view
to reaching substantial agreement in accordance
with the time schedule laid down by the
Organization.
(e) Upon substantial agreement being reached,
the Organization may release the applicant Member
from the obligation referred to in paragraph 3 (a)
of this Article or from any other relevant
obligation under this Charter, subject to such
limitations as my have been agreed upon in the
negotiations between the Members concerned
(f) If on the expiration of the time schedule
laid down by the Organization, no substantial
agreement is reached between the Members, concerned
the Organization shall examine the proposed
measure having regard to the provisions of this
Charter, to the considerations presented by the
applicant Member and its stage of economic development
or reconstruction, to the views presented by
Members which may be substantially affected and to
the effect which the proposed measure, with or
without modification, is likely to have on
international trade. If as a result of such
examination the OrganizatIon concurs in the-proposad measure, with
or without modification, the Organization may release the applicant
Member from the obligation referred to in paragraph 3 (a) of this
Article or from any other relevant obligations under this Charter,
/subject to
Explanation ARTICLE 13 (continued)
No. of addendum
to document
Paragraph (a) Country E/CONF.2/ Amendment or Reservation Explanation
2, 3, 4, 5 Burma (continued ) 23 subject to such limitations as the Organization
may impose.
4. If in anticipation of the concurrence of the
Organization in the adoption of a measure
concerning which notice has been given under
paragraphs 2 or 3 of this Article, there should
be an increase or threatened increase in the
Importations of the product or products
concerned, including products which can be
directly substituted therefor, so substantial
as to jeopardize the plans of the applicant
Member for the establishment, development or
reconstruction of the industry or industries
concerned, or branches of agriculture concerned,
and if no preventive measures consistent with
this Charter can be found which seem likely to
prove effective, the applicant Member may,
after informing, and when practicable consulting
with the Organization, adopt such other measures
as the situation may require pending a
determination by the Organization, provided
that such measures do not reduce imports below
the level obtaining in the most recent
representative period preceding the date on
which the Member original notification was
made under paragraphs. 2 and 3 of this Article.
/5. If a proposed ARTICLE 13 (continued)
Paragaph (s)
2, 3, 4, 5
No. of addendum
to document
E/CONF.2/
Burma (continued)
Amendment or Reservation
23 5. If a proposed measure is in conflict with
any provision of Chapter IV and with any
obligation which the applicant Member has
assumed through negotiations with any other
Member or Members pursuant to Chapter IV,
the procedure given in-paragraph 3 of this
Article shall prevail.
All China "The Chinese delegation reserves its position
on this Article and requests its re-examination
at this Conference".
All India
All Lebenon
Maintains reservation as stated in the Draft Charter
Maintains reservation as stated in the Draft Charter
/ARTICLE 14
ll
Explantation No. of addendum
to document
E/CONF. 2
C.2/6/Add.12
Amendment or Reservation
Insert the following two paragraphs before
paragraph 1 with consequent renumbering:
"1. In order to assist in the speedy
development of productive facilities in
undeveloped or under-developed countries,
and for the purpose of restoring the
economies which were destroyed or
disrupted by the war, any Member shall
be given general authority to adopt any
non-discrimatory asure which would
conflict with any provision of Chapter IV
for such period as the Orgenization
shall fix in accordance with the procedure
outlined in paragraph 2 hereof."
The purpose of the
amendment is to permit
the under-developed or
devastated countries to
have a sufficient
transition period within
which to attain speedy
development or
reconstruction of
their industries".
"2. Such Member shall, before the expiration
of one year after the entry into force of
this Charter, or within one year after
its adherence thereto, if adherence was
registered after the entry into force of
the Charter, file an application with the
Organization and state its desire to take
advantage of the provisions of the preceditig
paragraph, the conideration in support
of its applicaticn, and the period of
time it would likely need for the purpose.
If the Organization, after an examination
of the application and such other pertinent
information as it nay require, shall
/determine
Paragraph(s)
Country
Philippines
ARTICLE 14 ARTICLE 14 (continued)
No. of addendum
to document
Paragraph(8) country E/CONF.2/11 Amendment or Reservation Explanation
determine that the applicant is an undar-developed
and/or a war-devastated country, it shall, within
sixty days after the submission of the application
or after the submission of the last document
required by the Organization, grant the general
authority sought, fixing in such authority the
period which, in the opinion of the Organization,
may be needed by the applicent, taking into
account the degree of its under-development
and/or devastation."
United Kingdom 8 Preamble to read:
"Any Member may maintain any non-discriminatory
protective measure in force on the 1 September 1947
which has been imposed for the establishment,
development or reconstruction of particular
industries, or particular branches of agriculture,
and which is not otherwise permitted by this
Charter; provided that
(a)
(b)
(c)
1 (a) Argentina 3 text of clause to read:
"Any such Member which is a signatory of the General
ment on Tariffs and Trade shall [have notified]
/notify ARTICLE 14 (continued)
No. of eddendum
to document
Paragraph (s) Country E/CONF.2/11 Amendment or Reservation Explanation
notify the other signatory governments [not later
than thirty days prior to the day of the signature
of the Agreement of each product] of the products
on which any such existing measure is to be
mentained and [of] the nature and purpose of such
measure [and]".
1 (a) Ecuador C.2/6/Add.6 The paragraph to read:
"any such Member which is a signatory of the General
Agreement on Tariffs and Trade shall have notified
the other signatory Governments not later than
thirty days prior to the day of the signature of
the agreement] to the date of deposit of the instrument
of acceptance of each product on which any such existsing
measure is to be maintained and of the nature and
purpose of such measure."
1 (b) Costa Rica 16 the clause to read as fellows:
"any such Member not being a signatory of the General
Agreement but harving signed this Charter on the day
of its general signature, shall have notified the
other governments signing this Charter [on that day,
prior to their signature before this Carter is
finally ratified by the appropriate organs in
accordance with the Member's own political constitution,
of each product on which any such existing measures is
to be maintained any of the nature and purpose of such
measure, and"
/"Any such Member ARTICLE 14 (continued)
No. of addendum
to document
Paragraph (8) Country E/CONF.2/11 Amendment or Reservation Explanation
1 (b) Argentina 3 text of clause to read:
Any such Member not being a signatory of the
General Agreement, but having signed this Charter
on the day of its general signature, shall [have
notified] notify the other signatory governments
[signing this Charter] on that day [prior to their
signature, of each product] of the products on
which any such existing measure is to be maintained
and of the nature and purpose of such measure
[, and].
1 (b) Italy C.2/6/Add.11 The sub-paragraph to read:
"any such Member not being a signatory of the General
Agreement but having signed this Charter on the day
of its general signature, shall save notified] notify
the other Governments signing this Charter on that
day, if possible prior to their signature, and in any
case within two month from assuming Membership in the
Organization, of each product on which any such
existing measure is to be maintained and of the nature
and purpose of such measure, and"
/Delete present ARTICLE 14 (continued)
No. of addendum
to document
Paragraph (8) Country E/CONF.2/11 Amendment or Reservation Explanation
1 (b) Uruguay C.2/6/Add.5/Rev.1 Delete present sub-paragraph and replace by:
"Any Member not being a signatory of the General
Agreement shall have signed this Charter and
notified the other Governments signing this
Charter within thirty days prior to depositing
the instrument of ratification, of each product
on which any such measure is to be maintained
and of the nature and purpos of such measure."
1 (b) Turkey 11/Add.26 The first six lines to read:
"any such Member not being a signatory of the
General Agreement but having signed this Charter on
[the day of its general signature,] the date of
deposit of the inastrument of acceptance, shall
have notified the other governments signing this
Charter..................
1 (c) Argentina 3 delete present text of clause end substitute
the following:
"Any other such Member signing this Charter under
conditions other than those contemplated by
sub-paragraphs (a) and (b) of paragraph 1 of this
Article shall notify the other signatory Governments
of any existing measure it desires to maintain and
of the nature and purpose such measure."
1 (c) Costa Rica 16 in lines 4, 5 and 6 read as follows:
".to all governments which [signed] ratified
the Charter on the day of its general signatures,
/maintains ARTICLE 14 (continued)
No. of addendum
to document
E/CONF.2/11
Amendment or Reservation
Maintains reservation as
stated in Drat Charter.
Paragraph (8)
All
Country
Lebanon
Explanation
/ARTICLE 15 ARTICLE 15
Paragraph (8)
1
Country
Argentina
Chile
Venezuela
Ecuador
Additional
Chile
No. of addendum
to document
E/CONF.2/
11/Add. 3
C .2/6/Add.4
C.2/6/Add.18
C .2/6/Add.21
C.2/6/Add.4
Amendment or Reservation Explanation
the paragraph to read as follows:
'The Members recognize that special circumstances
may justify new preferential arrangements between
two or more countries, not contemplating a customs
union in the interest of the programmes of
economic development or reconstruction of one or
more such countries. [Subject to such limitations
as it may impose, the Organization may grant. (by an
affirmative vote of two-thirds of the Members voting)
an exception to the provisions of Chapter IV to
permit such arrangements to be made.]
The last sentence of the paragraph to read
"Subject to such limitations as it may impose, the
Organization may grant by an affirmative vote [of
two-thirds of the Members voting of the majority
of the Members voting an exception to the provisions
of Chapter IV to permit such arrangements to be made."
A new paragraph to be inserted between present
paragraphs 1 and 2, to read as follows:
"The provisions of Article 16, paragraph 1, shall,
therefore, not apply to preferences in force between
adjacent countries whose economic or industrial development
is inadequate or backward and which are or will be parties
to arrangements made to facilitate or accelerate their
economic or industrial development; their economies may
be interlocked in order to apply industrial processes
which are of special and reciprocal interest to them and
to provide them with a sound and adequate basic market. ARTICLE 15 (continued)
No. of addendum
to document
Paragrarh (s) Country E/CONF.2/ Amendment or Reservation Explanatton
2 Chile C.2/6/Add.4 The paragraph to be renumbered and to read as follows:
"Any Member or Members contemplating such an arrangement
shaIl notify the Organization thereof and shall transmit to it
a written statement of the considerations in support of
the adoption of the arrangement. [the Organization shall
then examine and give a decision concerning the proposal as
if it had been submitted for its concurrence under Article 13.
Any country Any country which would be accorded preferential treatment
by another country under the proposed arrangement shall
be regarded as an applicant Member for the purpose of that
Article.] This statement shall be communicated by the
Organization to all Members.
2 Argentina Add.3 The paragraph to read as follows:
"Any Member or Members contemplating such an axangement
shall notify the Organization thereof and shall transmit
to it a written statement of the considerations in
support of the adoption of the arrangement. [The
Organization shall then examine and give a decision concernirg
the proposal as if it had been submitted for its concurrence
under Article 13. Any country which would be accorded
preferential treatment by another country under the
proposed arrangement shell be regarded as an applicant
Member for the purpose of that Article.]
/Delete the paragraph ARTICLE 15 (continued)
No. of addendum
to document
Paragraph (s) Country E CONF.2/ Amendment or Reservation Explanetion
2 Venezuela C.2/6/Add.18 Delete the paragraph and substitute the following
text:
"'Any Member concluding an arrangement of the kind
referred to in paragraph 1 of this Article shall-
notify the Organization thereof and shall transmit
to it a written statement of the considerations
which led to the conclusion of the arrangement.
The Organization shall promptly transmit this
statement to the other Members and any Member
which considers that its trade is substantially
damaged by the arrangement, shall communicate
its views to the Organization within such time
limit as the latter may prescribe. The Organization
shall then apply the procedure set forth in
Article 12."
Additional Turkey ll/Add.26 Insert a new paragraph to read as follows:
in
consequence of an actual or projected devaluation may
not in any way be considered as constituting a
protective measure."
All Brazil Maintains reservation as stated in the Draft Charter
All Chile Maintains reservation as stated in the Draft Charter
0
;~~~~~~~~~~~~~~ E/CONF.2/C. 2/9
Page 64
NOTE BY THE DELEGATION OF EL SALVADOR CONCERNING CHAPTER III
The delegation of El Salvador considers that the establishment of
such a time -wasting procedure, prior to the adoption of measures for
promoting economic development, would not only impose serious and
unnecessary limitations on national sovereignty, but that it would be
prejudicial to the attainment of the aims contained especially in
Article 15 of the Charter and of those referring to economic development
in general. The delegation of EL Salvador believes that the procedure
should be reversed so that the Organization intervenes only "a posterioi",
that is, after the measures in question have been adopted by a Member,
the procedure being put into effect upon the request of any Member which
believes itself to be affected. In this way a greater safeguard would be
afforded to the traditional principle of national sovereignty and
governmental action would be allowed the greater flexibility necessary and
essential to secure adaptation to changing national requirements and.
opportunities for investment. It should be pointed out that although
industrial development requires the contribution of foreign capital this
does not exclude the possibility of using national capital; in the
underdevelopd countries national capital is distinguished by its excessive
fear of taking risks, which means that any time-wasting provisions may
seriously affect a Government's schemes. For the above-mentioned reasons
the delegation of El Salvador proposes an alteration of substance in the
principles on which Chapter III is based, the work of redrafting being
left to the appropriate Sub-Committee. |
|
GATT Library | dc063zq3567 | Second Committee: Economic Development. Sixth Committee: Organization. Draft charter. Mexico: Proposed amendment | United Nations Conference on Trade and Employment, December 6, 1947 | 06/12/1947 | official documents | E/CONF.2/C.2/6/Add.17, E/CONF.2/C.6/2/Add.18, and E/CONF.2/C.2/1-8 | https://exhibits.stanford.edu/gatt/catalog/dc063zq3567 | dc063zq3567_90040180.xml | GATT_152 | 657 | 4,490 | United Nations Nations Unies E//CONF.2/C.2/6//Add:17 E/CONF.2/C.6/2/Add.18
CONFERENCE CONFERENCE 6 December 1947
ON DU ENGLISH ORIGINAL: SPANISH
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI
SECOND COMMITTEE ECONOMIC DEVELOPMENT
SIXTH COMMITTEE: ORGANIZATION
DRAFT CHARTER
MEXICO: PROPOSED AMENDMENT
CONSIDERING that one of the fundamental objectives of the International
Trade Organization is to promote the economic development of Member countries,
providing them for this purpose with the necessary means and facilities;
CONSIDERING that to facilitate the achievement of this purpose it would
be most useful to have, within the ORGANIZATION, a permanent COMMITTEE (such
as the Tariff Committee), the establishment of which was proposed during
the first session of the Preparatory Committee in London (document E/PC/T/33,
Part II, Chapter VI, Section G, 7), a decision on the matter being temporarily
postponed;
CONSIDERING, finally, that the reason which might justify the
elimination of the Commissions on Procedure, Commercial Policy, Business
Practices and Commodities, which were included in both the United States
Draft and the London and New York Drafts, would not have the same weight in
the case of a commission concerned with one of the primary objectives, and
not merely the instruments of the Organization,
The delegation of Mexico proposes:
the addition to Chapter VII of the Draft Charter of a Section to be
placed after the present Section D, the text of which might be as follows:
Section D bis - Committee for Economic Development
Article 80 bis - Committee for Economic Development
1. A Committee for Economic Development shall be establisheda and shall
be responsible for cativities directed toward the achievement of the
objectives of the Organization set forth in paragraphs 1-3 of Article 1
of this Charte and,in particular:
(a) It shall perform the functions envisaged in paragraph 2
of Article 10 of this Charter.
(b) When any request for economic assistace submitted by a
Member of the International Trade Organization to the International
Bank for Reconstrcution and Development or any other
/inter-governmental E/ .2/C.2/6/Add.17
E/CONF.2/C. 6/2/Add. 18
Page 2
inter-governmental organization has been rejected, or if no
decision has been given within a reasonable period of time,
the Committee for Economic Development shall, upon the request
of the Member and subject to previous consideration and
approval, support the request.
(c) It shall take action, upon the request of any Member, to
obtainfor or the Member the necessary facilities for its economic
development referred to in paragraph 1 of Article 11.
It (d) t shall protect the interests of Members wishing to
develop their economics:
(i) by acting, with due dispatch, to obtain approval
of measures for the protection ofi the industry or
agriculture of such Members taken in conformity
with Article 13 of this Charter;
NOTE: The delegation of Mexico has submitted a draft
amendment to Article 13.
(ii) by applying to the appropriate organs on behalf of a
Member who so requests, in order to prevent the
economic development of such Member country from being
prejudiced by the functions exercised by the Tariff
Committee under the powers conferred on it by
Articlie 81 in conjunction with Article 17;
(iii) by arranging that the Tariff Committee, the Executive
Board or the Conference, as may be appropriate, remove
obstacles or hindrances met with by any Member in
respect of its economic development;
(d) The Committee for Economic Development shall make
recommendations in the field of taxation designed to stimulate
the international flow of capital;
(f) The Committee for Economic Development shall co-ordinate
the activities of the International Trade Organization in order
to avoid interference and overlapping with the work of other
nter-governmental organizations established for similar purposes.
2. The Committee for Economic Development shall consist of fifteen
Members of the Organization, appointed for a period of three years
by the Conference.
3. Each Member of the Committee shall have one vote.
4. Resolutions shall be adopted by a majority of the Members present
and voting.
5. The Committee shall adopt its own Rules of Procedure and staff
regulations. |
|
GATT Library | sx743dt5632 | Second Committee: Economic Development. Sixth Committee: Organization. Draft charter. Mexico: Proposed amendment | United Nations Conference on Trade and Employment, December 6, 1947 | 06/12/1947 | official documents | E/CONF.2/C.2/6/Add.17, E/CONF.2/C.6/2/Add.18, and E/CONF.2/C.2/1-8 | https://exhibits.stanford.edu/gatt/catalog/sx743dt5632 | sx743dt5632_90040180.xml | GATT_152 | 0 | 0 | ||
GATT Library | kc276pz7620 | Second Committee: Economic Development. Sixth Committee: Organization : Report of Joint Sub-Committee of Committees II and VI on Mexican amendment to Article 9 | United Nations Conference on Trade and Employment, December 30, 1947 | 30/12/1947 | official documents | E/CONF.2/C.2/25, E/CONF.2/C.6/32, and E/CONF.2/C.2/9-28 | https://exhibits.stanford.edu/gatt/catalog/kc276pz7620 | kc276pz7620_90040217.xml | GATT_152 | 258 | 1,787 | UNRESTRICTED
United Nations Nations Unies
CONFERENCE CONFERENCE E/CONF.2/C.2/25 E/CONF.. 2/C. 6/32
ON DU 30 December 1947
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH
SECOND COMMITTEE: ECONOMIC DEVELOPMENT
SIXTH COMMITTEE: ORGANIZATION
Report of Joint Sub-Committee of Committees II and VI
on Mexican Amendment to Article 9
1. At its first meeting on 14 December the Joint Sub-Committee of
Comittees II and VI considered the amendment proposed by Mexico to delete
from Article 9 the words "through measures consistent with the other
provisions of this Charter".
2. No member of the Sub-Committee desired that Article 9 impose an
absolute obligation on members, i.e. to take contrary to other
provisions of the Charter. on the other hand some Members felt that there
might be neutral measures which were neither consistent nor inconsistent
with other provisions of the Charter, which might be prohibited by the
present form of words.
3. It was also suggested that if the words "through measures consistent
with the other provisions of this Charter" were necessary in this Article
they would equally be necessary in other Articles in the Charter.
4. It was accordingly agreed
(a) that the question of whether it was necessary to include any
words after "productivity" be referred to the Central Drafting Committee
and
(b) that, if some form of words were required, the words "through
measures not inconsistent with the other provisions of this Charter"
should be used.
5. The above report was approved at the seventh meeting of the Joint
sub-Committee of Committees II and VI on 27 December 1947. |
|
GATT Library | rv552yp2384 | Second Committee: Economic Development. Sixth Committee: Organization terms of reference and membership of Joint Sub-Committee of Committees II and VI | United Nations Conference on Trade and Employment, December 7, 1947 | 07/12/1947 | official documents | E/CONF.2/C.2/8, E/CONF.2/C.6/10, and E/CONF.2/C.2/1-8 | https://exhibits.stanford.edu/gatt/catalog/rv552yp2384 | rv552yp2384_90040189.xml | GATT_152 | 261 | 2,043 | United Nations Nations Unies UNRESTRICTED
CONFERENCE CONFERENCE E/CONF.2/C.2/8
E/CONF. 2/C, 6/10
ON DU 7 December 1947
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH
SECOND COMMITTEE: ECONOMIC DEVELOPMENT
SIXTH COMMITTEE: ORGANIZATION
TERMS OF REFERENCE AND MEMBERSHIP OF JOINT SUB-COMMITTEE OF
COMMITTEES II AND VI
1. Mr. R. BETETA, Chairman of Committee II and Mr. E. COLBAN, Chairman
of Committee VI, met on 6 December 1947 and agreed on terms of reference of
the Joint Sub-committee of Committees II and VI, as follows:
"1. To examine articles 9, 10 and 11 of Chapter III, proposed
amendments thereto and any proposed new articles relating to the
positive functions of the Organization in promoting economic development
in the light of the discussion in Committee II with a view to making
recommendations as to the texts of these articles and any organizational
provisions which may be required as a consequence thereof.
2. To examine the proposal of the Mexican delegation for the
establishment of an Economic Development Committee of the Organization
taking into account any conclusions reached under paragraph 1 and any
other relevant considerations.
3. In making recommendations under paragraphs 1 and 2 to take into
account the functions of other organs of the Organization and of the
United Nations and Specialized Agencies in general in the field of
economic development and any financial implications.
4. To report to both Committee II and Committee VI."
2. The Chairmen also agreed on the membership of the Joint Sub-Committee, as
follows:
Australia Mexico
Belgium Pakistan
China South Africa
Colombia Turkey
France United States
Iraq Venezuela |
|
GATT Library | cy320bk3182 | Second Committee: Economic Development. Sub-Committee A. Agenda for Second Meeting : To be held on Monday, 15 December 1947, at 10.30 a.m | United Nations Conference on Trade and Employment, December 13, 1947 | 13/12/1947 | official documents | E/CONF.2/C.2/A/2 and E/CONF.2/C.2/50 C.2/A/1-3 C.2/B/1-6 C.2/D/1-3 C.2/D/1-3 | https://exhibits.stanford.edu/gatt/catalog/cy320bk3182 | cy320bk3182_90040252.xml | GATT_152 | 114 | 822 | United Nations
CONFERENCE
ON
TRADE AND EMPLOYMENT
Nations Unies UNRESTRICTED
CONFERENCE E/CONF.2/C.2/A/2
13 December 1947
DU ENGLISH - FRENCH
COMMERCE ET DE L'EMPLOI ORIGINAL:ENGLISH
SECOND COMMITTEE: ECONOMIC DEVELOPMENT
SUB-COMMITTEE A
AGENDA FOR SECOND MEETING
To be Held on Monday, 15 December 1947, at 10.30 a.m.
Reconsideration of Article 8 in accordance with the decision taken at
the sixth meeting of Committee II. (See document E/CONF.2/C.2/SR.6).
DEUXIEME COMMISSION: DEVELOPMENT ECONOMIQUE
SOUS-COMMISSION A
CRADE DU JOUR DE LA DEUXIEME SEANCE
qui se tiendra lo lundi 15 dTcember 1947 à 10 h.30.
Nouvel, examen de l'article 8 conformTment à la decision prise par
la Deuxième Commission au course de sa sixième sTance (voir document
E/CONF. 2/C.2/SR. 6. |
|
GATT Library | dz664yd6014 | Second Committee: Economic Development. Sub-Committee A. Agenda for Second Meeting : To be held on Monday, 15 December 1947, at 10.30 a.m | United Nations Conference on Trade and Employment, December 13, 1947 | 13/12/1947 | official documents | E/CONF.2/C.2/A/2 and E/CONF.2/C.2/50 C.2/A/1-3 C.2/B/1-6 C.2/D/1-3 C.2/D/1-3 | https://exhibits.stanford.edu/gatt/catalog/dz664yd6014 | dz664yd6014_90040252.xml | GATT_152 | 0 | 0 | ||
GATT Library | fx489gr1631 | Second Committee: Economic Development. Sub-Committee A. Second Meeting of Sub-Committee on article 8 : Note by the Secretariat | United Nations Conference on Trade and Employment, December 16, 1947 | 16/12/1947 | official documents | E/CONF.2/C.2/A/3 and E/CONF.2/C.2/50 C.2/A/1-3 C.2/B/1-6 C.2/D/1-3 C.2/D/1-3 | https://exhibits.stanford.edu/gatt/catalog/fx489gr1631 | fx489gr1631_90040253.xml | GATT_152 | 404 | 2,789 | RESTRICTED
United Nations Nations Unies
CONFERENCE CONFERENCE 16 December 1947
ON DU
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH
SECOND COMMITTEE: ECONOMIC DEVELOPMENT
SUB-COMMITEE A
Second Meeting of Sub-Committee on Article 8
Note by the Secretariat
1. The Sub-Committee on Article 8 re-inforced by Committee II at its
sixth meeting (E/CONF.2/C.2/SR.6) to consist of delegates from Argentina,
Iran and New Zealand in addition to those of Australia, China and United
Kingdom, met at 10.30 a.m. 15 December 1947 under the Chairmanship of
Mr. LIEU (China). The following persons represented these delegations on
the Sub-Committee: Mr. Moresco (Argentina), Mr. Hewitt (Australia,
Mr. Lieu (China), Mr. Entezam (Iran), Mr. Nash (New Zealand) and Mr. Shackle
(United Kingdom).
2. In addition to the Members of the Sub-Committee the following
representatives of other delegations were present:
Afghanistan Mr. A. G. Amini
Haiti Mr. Le Boy
Italy Mr. d'Anne
Mexico Mr. Lune Olmedo and Mr. Robles
3. The Sub-Committee had before It several suggestions by the
representatives of the United Kingdom and Argentina.
4. It was agreed to accept a text proposed by the United Kingdom delegate,
with a change in order suggested by the representative of New Zealand.
This text reads as follows:*
"The Members recognize that [all countries have a common interest
In] the productive use of the world's human and material resources
is of concern to and will benefit all countries, and that the industrial
and general economic development of all countries .
It was furthermore agreed that the phrase "is of concern to all
countries" is to be understood in a completely general sense, i.e. that all
countries have a collective concern In the development of resources of the
world at large. It in no way implies a right of interference in the internal
affairs or national policy of a Member, either on the part of any other
individual Member of Members generally. The Sub-Committee suggests that
* [ ]signify deletions from the Geneva text
signify additions to the Geneva text /in the event of E/CONF.2/C.2/A/3
Page 2
in the event of the acceptance by the Committee of the text proposed above,
this interpretation be incorporated in the summary record of Committee II.
5. The delegation of Argentina accepted the above text subject to a
satisfactory translation of the word "concern" into Spanish.
6. It was agreed that Mr. Shackle (United Kingdom) should report to the
Committee on the conclusions of the Sub-Committee. |
|
GATT Library | qw545sr9161 | Second Committee: Economic Development. Sub-Committee B (Article 12) Agenda for the Second Meeting : To be held on Friday, 2 January 1948, 10.30 a.m | United Nations Conference on Trade and Employment, December 30, 1947 | 30/12/1947 | official documents | E/CONF.2/C.2/B/1 and E/CONF.2/C.2/50 C.2/A/1-3 C.2/B/1-6 C.2/D/1-3 C.2/D/1-3 | https://exhibits.stanford.edu/gatt/catalog/qw545sr9161 | qw545sr9161_90040254.xml | GATT_152 | 108 | 716 | United Nations
CONFERENCE
ON
TRADE AND EMPLOYMENT
Nations Unies
CONFERENCE
DU
COMMERCE ET DE L'EMPLOI
RESTRICTED
E/CONF.2/C .2/B/1
30 December 1947
ENGLISH - FRENCH
ORIGINAL: ENGLISH
SECOND COMMITTEE: ECONOMIC DEVELOPMENT
SUB-COMMITTEE B (ARTICLE 12)
AGENDA FOR THE SECOND MEETING
To be held on Friday, 2 January 1948, 10.30 a.m.
1. Consideration of amendment to paragraph 2 of Article 12.
2. Consideration of other amendments to Article 12.
DEUXIEME COMMISSION: DEVELOPMENT ECONOMIQUE
ORDRE DU JOUR DE LA DEUXIEME SEANCE
Qui se tiendra le vondrodi 2 janvior 1948, à 10 h. 30
1. Examen des amendments au paragraph 2 de l'article 12.
2. Examen dos autres amendements à l'article 12. |
|
GATT Library | wx528gb6385 | Second Committee: Industrial Development. Draft charter. Afghanistan: Proposed addition | United Nations Conference on Trade and Employment, December 4, 1947 | 04/12/1947 | official documents | E/CONF.2/C.2/6/Add.7 and E/CONF.2/C.2/1-8 | https://exhibits.stanford.edu/gatt/catalog/wx528gb6385 | wx528gb6385_90040170.xml | GATT_152 | 126 | 1,079 | United Nations Nations Unies UNRESTRICTED
CONFERENCE CONFERENCE E/CONF.2/C.2/6/
ON DU 4 December 1947
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH
SECOND COMMITTEE: INDUSTRIAL DEVELOPMENT
DRAFT CHARTER
AFGHANISTAN: PROPOSED ADDITION
Article 11paragraph
Add to the end of the paragraph the following:
"The Organization may also make recommendations for and promote
international agreements and arrangements directed to an equitable
international distribution of the technical and managerial skills and
arts, and of materials and equipment which are needed for the economic
development of Members and which are in short supply. Such agreements
and arrangements shall have regard to the principle that all Members,
particularly Members whose economies are insufficient or undeveloped,
shall have access to an equitable share of the international supply of
such skills and products." |
|
GATT Library | hm965jr7879 | Second Committee: Industrial Development. Draft charter. China: Proposed amendments | United Nations Conference on Trade and Employment, December 4, 1947 | 04/12/1947 | official documents | E/CONF.2/C.2/6/Add.8 and E/CONF.2/C.2/1-8 | https://exhibits.stanford.edu/gatt/catalog/hm965jr7879 | hm965jr7879_90040171.xml | GATT_152 | 846 | 5,802 | United Nations Nations Unies UNRESTRICTED
CONFERENCE CONFERENCE E/C0NF. 2/C. 2/6/ Add.8
ON DU 4 December 1947
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH
SECOND COMMITTEE: INDUSTRIAL DEVELOPMENT
DRAFT CHARTER
CHINA: PROPOSED AMENDMENTS
Article II
After the word "accordingly" in paragraph 1, there should be two
sub-paragraphs (a) and (b):
(a) Use the original text "no member shall impose ...within the limits
of their power."
(b) "The Organization shall implement its advice concerning plans for
economic development mentioned in Article 10, paragraph 2 by making
recommendations to the International Bank for Reconstruction and
Development for financial assistance necessary to the execution of
such plans. In so doing, the Organization shall, in accordance with
Article 8. and Article 1, paragraph 2, give preferential consideration
to those countries which are still in the early stages of industrial
development."
Reasons for Amendment
This article mentions adequate supply of capital funds, materials,
modern equipment and technology, and technical and managerial skill as
necessary conditions for the progressive industrial and general economic
development, but emphasis is laid on private investments. But such
investments cannot be so co-ordinated as to supply adequate funds for the
execution of comprehensive plans. This should be the work of the
International Bank, which has been specially organized for the purpose.
While the ITO cannot decide for the Bank its loan policy, it should at
least implement its advice mentioned in Article 10, paragraph 2, with
specific recommendations. As Chapter IV has forged a close link between
the ITO and the International Monetary Fund, a similar arrangement should
be provided for with the International Bank in this chapter. The generic
term "inter-governmental organizations" used in Article 10 is not specific
enough. It may also be pointed out that, in the United Nations, the Fund,
the Bank, the FAO, etc., are known as specialized agencies instead of
inter-governmental organizations.
/Article 13 E/CONF.2/C.2/6/Add.8 Page 2
Article 13
Paragraph 1
Use the original text.
Paragraph 2 (a) and (b)
The following is to be substituted for those two sub-paragraphs:
2. (a) "A Member, in the interest of its programme of economic
development or reconstruction, may adopt any non-discriminatory
measure of governmental assistance to particular industries or
particular branches of agriculture. If, after the application of
the measure, any other member should consider it to be in conflict
with any provision of Chapter IV or with any obligation which the
Member adopting the measure has assumed through negotiations with
the complaining Member pursuant to Chapter IV, and the same Member
should consider its trade to be substantially affected by the
measure, a written complaint should be filed with the Organization
stating the reasons for making the complaint.
(b) Upon receipt of such a complaint, the Organization shall
transmit a copy to the Member adopting the measure, and the latter
shall transmit to the Organization a written reply giving the
considerations in support of the adoption of the measure."
(c) Use the original text except that, in place of "the applicant
Member", the words "the Member adopting the measure" should be
substituted, and the words "Member which may be substantially
affected" should be changed to "the complaining Member or Members".
The term "proposed measure" should in two different connections be
changed to "measure".
Paragraph 3
The term "proposed measure" in sub-paragraph (a) should be changed to
"measure". The term "applicant Member in sub-paragraph (a) and (c) should
be changed to "Member adopting the measure". The phrase unless the
Organization decided otherwise" in sub-paragraph (b) should be deleted.
Paragraph 4
Same corrections for "proposed measure" and "applicant Member".
Sub-paragraph 4 (c) is to be revised as follows:
"If a Member country has adopted a measure on account of there
having been an increase or threatened increase in the importations
of product or products concerned, including product which can be
directly substituted therefor, so substantial as to Jeopardize the
plans of the Member for the establishment, development or reconstruction
of the industry or industries concerned, or branches of agriculture
concerned, and if no preventive measures consistent with the Charter
/can be found E/CONF.2/C.2/6/Add.8 Page 3
can be found which seem likely to prove effective, the Organization
shall, if the matter is brought to its attention, concur with the
measure . "
Paragraph 5
To be deleted.
Reason in Support of the Amendment
There are many provisions of the Charter, especially in Chapter IV,
which are necessarily flexible and which will therefore be susceptible to
different interpretations. For instance, such expressions as "unnecessary.
demage", "reasonable rate of increase", unduly restrictive effect", etc.,
are of this nature, A Member may consider the damage to commercial
interests as necessary, and another as unnecessary, Or a rate of increase
may be considered by one Member as reasonable, and by another as unreasonable.
If a Member must secure the prior approval of the Organization for domestic
measures whose inconsistency with Chapter IV or with negotiated obligations
pursuant to the same Chapter is doubtful, it would mean too much impediment
to the execution of developmental programmes in the Member countries as well
as too much work for the Organization. |
|
GATT Library | wh625tm7284 | Second Committee: Industrial Development. Draft charter. Peru: Proposed amendment | United Nations Conference on Trade and Employment, December 4, 1947 | 04/12/1947 | official documents | E/CONF.2/0.2/6/Add.9 and E/CONF.2/C.2/1-8 | https://exhibits.stanford.edu/gatt/catalog/wh625tm7284 | wh625tm7284_90040172.xml | GATT_152 | 0 | 0 | ||
GATT Library | vb195dr0699 | Second Committee: Industrial Development. Draft charter. Peru: Proposed amendment | United Nations Conference on Trade and Employment, December 4, 1947 | 04/12/1947 | official documents | E/CONF.2/0.2/6/Add.9 and E/CONF.2/C.2/1-8 | https://exhibits.stanford.edu/gatt/catalog/vb195dr0699 | vb195dr0699_90040172.xml | GATT_152 | 288 | 1,980 | United Nations Nations Unies UNRESTRICTED
CONFERENCE CONFERENCE E/CONF.2/0.2/6/Add.9
ON DU 4 December 1947
TRADE AND EMPLOYMENT COMMERCE ET DE L'EMPLOI ORIGINAL: ENGLISH
SECOND COMMITTEE: INDUSTRIAL DEVELOPMENT
DRAFT CHAPTER
PERU: PROPOSED AMENDMENT
Article 11
The delegation of Peru proposes to insert in this article the following
paragraph, which is to be paragraph 3. Actual paragraph 3 will thus become
paragraph 4.
"3. (a) A member shall, at the request of any other Member, initiate
direct negotiations tending to remove such obstacles, whether legal
or material, that might prevent the latter from obtaining the
means indicated in paragraph 1 for promoting economic development
Should any of the parties so request it, these negotiations
will be sponsored by the Organization, and in such case it should
study the proposals presented by the Member directly concerned,
and propose such conciliatory formulae as to solve the difficult
in question according to an equitable spirit and to the need for
developing the economy of the requesting country.
Should a Member refuse to deal with the proposal presented to
it, or delay unjustifiedly its consideration, or fail to consent
to solutions, which are viable in the judgment of the Organization,
it shall be deemed that all this falls under the provisions of
Article 89 of the Charter and it will, consequently, cause the
application of the procedure provided for in Chapter 8 (VIII
of the same.
"3. (b) Should the legal or material impediment encountered by a
Member in obtaining the means of development pointed out
paragraph 1, be of the concern of any inter-Governmental agency,
such Member may also request that neotiagtions with such agency
be carried out under the auspices of the Organization, wohich shall
act the maninner indicated in the prceding sub-paragraph. |
|
GATT Library | qs622mp8297 | Second Meeting, 22 January 1947, 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.6/7 and E/PC/T/C.6/1-20 | https://exhibits.stanford.edu/gatt/catalog/qs622mp8297 | qs622mp8297_90230032.xml | GATT_152 | 683 | 4,464 | United Nations Nations Unies
ECONOMIC CONSEIL E/PC/T/C.6/7
22 January 1947
AND ECONOMIQUE~h~AI
SOCIAL COUNCIL ET SOCIAL ORL:IENGLIS
TEH DFAFlTINGCIOMMITTEE OFTEE PREPA:ATORY CO4MTITEE OF THE
IINTERNTIONAL CONFERNCE ON TvRDE AmND EMPLOYMENImcOpw
ICTEC M SUB-MCOM'ITEE
Second Meeting, 22 January 1947, 2:45 p.m.
Chairman: Mr.. R J. Shackle
Article 16 (Freedom of Transit), paragraphs. 1-3, were considered.
On the basis of the discussion the Secretariat was instructed to draw
up two texts, one referring to goods only and the other to goods and
means of transport.
The two texts are given below. The following changes in the
,ext of E/PC/T/CII/54/Re1v.lare taken into account in both:
Paragraph 1, last line: "the operation of air traffic"
was substituted for "air traffic".
Paragraph 2,'Iine 12: "coaching or goods, stock"a as deleted.
Lines 13-16: The sentence starting "in order to" was deleted.
A. (fReers to goods only)
Words added and the word "goods", when substituted for "traffic",
are underscored.
1.- Baggage and goods, shall be deemed to bie n transit across eth
territory of a Member when the-spasage across su h'territy,) wi orr
without trans -shpmment; warehousing, braeking-bulk, or change in the mode
of transport, is only a portio nof a complete journey ,beginning and
terminating byoned the frontier of the Member across whose territory the
transit lakes place. '
2. r Thelle sha be freed om oftr anrsitthough the M embercoun,tries via
the routes most convenient for international transit, for goods in.
transit to E/PC/T/C. 6/W.13
Page 2
transit to or from other Member countries. No distinction shall be made
with respect to goods .in transit that is based on the nationality 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 transport.
3. Any Member may require that goods in transit through its territory
'be entered at the proper customs house, but except in cases of failure
to comply with applicable customs laws and regulations, such goods
coming from or going to other Member countries shall not be subject to
any unnecessary delays or restrictions and shall be exempt from customs
duties and from all transit duties or other charges imposed in respect of
transit, except charges for transportation or those commensurate with
administrative expenses entailed by transit or with the cost of services
rendered.
B. (Refers to goods and means of transport)
Words not included in text (A), and the word "traffic" when
substituted for "Goods" in (A), are underscored.
1. 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 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 transit takes place.
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 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 nationality of persons, the flag of vessels, the
/place of E/PC/T/C.6/W.13
Page 3
place of origin, departure, entry, exit or destination, or any
circumstances relating to the ownership of goods or of vesséls or other
means of transport.
3. Any Member may require that traffic in transit through its
territory be entered at the proper customs house, but except in cases
of failure to comply with applicable customs laws and regulations, such
traffic coming from or going to other Member countries shall not be
subject to any unnecessary delays or restrictions and shall be exempt
from customs duties and from all transit duties or other charges
imposed in respect of transit, except charges for transportation or
those commensurate with administrative expenses entailed by transit or
with the cost of services rendered. |
GATT Library | hr714rm3228 | Second Meeting, 22 January 1947, 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/W.13 and E/PC/T/C.6/W/1-25 | https://exhibits.stanford.edu/gatt/catalog/hr714rm3228 | hr714rm3228_90230213.xml | GATT_152 | 687 | 4,477 | United Nations Nations Unies RESTRICTED
ECONOMIC CONSEIL E/PC/T/C.6/W. 13
ECONOMIQUE January 1947
SOCIAL COUNCIL ET SOCIAL ORIGINAL: ENGLISH
THE DRAFTINC COMMITTEE THE PREPARATORY COMMITTEE OF THE
INTERNATIONAL CONFERENCE ON TRADE AND EMPLOYMENT
TECHNICAL SUD-COMMITTEE
Second Meeting, 22 January 1947, 2:45 p.m.
Chairman: Mr. P. J. Shackle
Article 16 (Freedom of Transit), paragraphs 1-3, were considered.
On the basis of the discussion the Secretariat was instructed to draw
up two texts, one referring to goods only and the other to goods and
means of transport.
The two texts are given below. The following changes in the
text of E/PC/T/CII/54/Rev.1 are taken into account in both:
Paragraph 1, last line: "the operation of air traffic"
was substituted for "air traffic".
Paragraph 2, line 12: "coaching or good-s, stock" was deleted.
Lines 13-16: The sentence starting "in order to" was deleted.
A. (Refers to goods only)
Words added and the word "goods", when substituted for "traffic",
are underscored.
1. Baggage and goods, shall be deemed to be in transit across the
territory of a Member when the passage across such 'territory, with or
without trans shipment, warehousing, breaking bulk., or change in the mode
of transport, is only a portion of a complete journey, beginning and
terminating beyond the frontier of the Member across whose territory the
transit takes place.
2. There shall be freedom of transit through the Member countries, via
the routes most convenient for international transit, for goods in
/transit to E/PC/T/C.6/W.13 Page 2.
transit to or from other Member countries. No distinction shall be made
with respect to goods in transit that is based on the nationality 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 transport.
3. Any Member may require that goods in transit through its territory
be entered at the proper customs house, but except in cases of failure
to comply with applicable customs laws and regulations, such goods
coming from or going, to other Member countries shall not be subject to
any unnecessary delays or restrictions. end shall be exempt from custom
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.
B. (Pefers to goods and means of transport)
Words not included in text (A), and the word "traffic" when
substituted for goods" in (A), are underscored.
1. 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 or without trans shipment,
warehousing, breaking bulk, or change in the mode of transport, is only
a portion of a complete Journey, beginnin, and termination beyond the
frontier of the Member across whose territory the transit takes place..
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 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 nationality of persons the flag of vessels, the
/place of E/PC/T/C. 6/W.13
Page 3
place of origin, departure, entry, exit or destination, or any
circumstances relating to the ownership of goods or of vessels or other
means of transport.
3. Any Member may require that traffic in transit through its
territory be entered at the proper custms house, but except in cases
of failure to comply with applicable customs laws and regulations, such
traffic coming from or going to other Member countries shall not be
subject to any unnecessary delays or restrictions and shall be exempt
from customs duties and from all transit duties or other charges
imposed in respect of transit, except charges for transportation or
those commensurate with administrative expenses entailed by transit or
with the cost of services rendered. |
GATT Library | jg660md6084 | Second Meeting : Held at Lake Success, New York, 21 January 1947 at 10:40 a.m | United Nations Economic and Social Council, January 24, 1947 | United Nations. Economic and Social Council and Preparatory Commission of the Conference on Trade and Employment Drafting Committee | 24/01/1947 | official documents | E/PC/T/C.6/12 and E/PC/T/C.6/1-20 | https://exhibits.stanford.edu/gatt/catalog/jg660md6084 | jg660md6084_90230040.xml | GATT_152 | 1,325 | 8,798 | United Nations Nations Unies
RESTRICTED
ECONOMIC CONSEIL E/PC/T/C .6/12
AND ECONOMIQUE 24 January 1947
SOCIAL -COUNCIL ET SOCIAL ORIGINAL: ENGLISH
DRAFTING COMMITTEE OF THE PREPARATORY COMMISSION OF
THE UNITED NATIONS CONFERENCE ON TRADE AND EMPLOMENT
-SECOND MEETING
Held at Lake Succese, New York, 21 January 1947 at 10:40 a.m,.
Mr. SHACKIE (UNITED KINGDOM) suggested that it might be advisable co
insert a reference to the ILO In Article, 6 by adding the words "in
consultation with the ILO" between the words "to take" and "whatever action."
This suggestion was supported by Mr. SMITH (CANADA) and Mr.. ADARKAR
(INDIA), but opposed by Mr. LEDDY (UNITED STATES) and Mr. NAIDE
(UNION OF SOUTH AFRICA). who maintained that the possibilityy of acting in
consultation with the ILO was sufficiently overed by Article 9.
It was agreed that it should be mentioned in the.Committee's report
that the que tion had. been raised but that the Committee had considered the
reference to the ILO superflaous.
The United. States proposal to insert the words, "for the well-being
of other countries" in Article 3 was adopted. The other United States
amendments to Article3 were also accepted. The words "they also recognize"
at the beginning of the second sentence of paragraph 1 were deleted, and
the word. "Should." in that sentence changed to "shall."
Mr. RENOUF(SECRETARIAT) queried the change suggested. by the Delegate
for the United States .that in several places in Chapter III the phrase
"appropriate specialized inter-governmental. agencies" should be substituted
for "appropriate inter governmental organizations." In view of the special
meaning, attached to the words "specialized agency" by the United Nations,
the substitution .proposed might give the impression that those organizations
not in relationship with the United Nations might not be covered.
/It was agreed E/PC/T/C .6/12
Page 2.
It was agreed. that this point should. be considered. by the Legal and
Drafting Sub-Committee.
Mr. LACARTE (Secretary of the Committee) considered. the word. "productive"
in the second line of this article superfluous since this point was
sufficiently emphasized. in Article 5.
Article 4, as modified. by the United States amendments, was adopted.
Mr. IEDDY (UNITED STATES) said that Article 5, referring to the
development of national resources and productivity ought logically to
come in Chapter IV (Economic Development). This Article was a duplication
of Article 11.
Mr. . ADARKAR (INDIA) supported. the views expressed. by Mr. LEDDY.
It was agreed to defer consideration of Article 5 until Article 11 was
reached.-
Article 6 was adopted. unchanged. and. Article 7 was approved subject to
the deletion of the phrase "members agree that" and the alteration of the
phrase "they will" to "members shall." Article 8 was also adopted with
the wording "as defined elsewhere in this Charter" substituted. for "in the
other Articles of this Charter."
As regards paragraph (a) of Article 9. Mr. LOPEZ FRESQUET (CUBA)
obJected. to the United States amendment which .suggested. emitting the words
"as far as possible," for, as he explained, not all the countries might be
able to furnish the information required. The amendment was rejected and
;the Article approved, as set out in the Charter.
Consideration of Chapter IV
Mr. IEDDY UNITED STATES) explained. that the purpose of his principal
amendment to Article 10 was to incorporate Article 5 of Chapter III in
Articles 10 and. 11. of Chapter IV in order to avoid. repetition. The
obligations to be undertaken by Members should be mentioned. in Chapter IV
which dealt with economic development rather than in Chapter III which
concerned. employment.
/Messrs. SHACKIE E/PC/T/C.6/12
Page 3
Messrs. SHACKLE (UNITED KINGDOM), SMITH. (CANADA) and BENDA
(CZECHOSLOVAKIA) supported this proposal.
Mr. -PARANAGUA (BRAZIL) - objected that the omission of Article 5 would
weaken the Charter.
Mr. JUSSIANT (BELGIUM--IUXEMBOURG) observed that Article 5 should-
come in Chapter III because it made clear the strong link between
employment and effective demand and the development of economic resources.
Mr. PARANAGUA (BRAZIL) supported the Secretariat proposal for the
addition of the words "human and Material resources" in order to make
Article 5 more explicit.
Mr. LEDDY (UNITED STATES) .pointed out that his expression "economic
resources" covered all factors necessary for production, including
manpower.
Mr. LOPEZ FRESQUET (CUBA) proposed the adoption of the American
amendment, modified by the addition of the words "industrial and" .before
the words "economic resources", since .his country attached. great. importance
to the idea of industrialization.
After further discussion it was agreed that Article 5 should become
Article 11 and that paragraph 1of the former Article 11 should be deleted -
-also that in the second line of the old Article 5 the phrase "human and.
material" should be inserted between "world's" and "resources". It was
also agreed that the words "economic resources" in Article .5 should be
expanded so as to read "industrial and other economic resources."
Mr. PARANAGUA (BRAZIL) wished. to keep the phrase "contribute to
economic stability" in Article 10 which the American amendment- proposed
emitting.
Mr. IEDDY(UNITED STATES) explained that he proposed omitting this
phrase because economic stability, however desirable, did not automatically
result from the industrialization of a country.
Mr. SMITH (CANADA) supported this opinion. -
/ThH IFAiNMAL E/PC/T/C.5/12
Page 4
The CHAIRMAN proposed the adoption of the American amendment, modified.
by the retention of the phrase concerning economic stability in the form
"contribute ultimately to economic stability" This was agreed.
The United. States amended. version of paragraph 2 of Article11 was
adopted. -
Concerning parafrLph 3TEt Aeticle -11 Mr. IACAR (BScretary of the
C&=ittee) called.attention to a Secretariat. proposal asking the Drafting
Comittec to delay any-dpcision on thkn paragrath. until it }mew the
results or :he work of the Ecom6mic and Employment Coomission, which was
stud.inC; the question of economic devel pment. This work would. be finished.
towards 3 Februay' lg47.
Mr. a2= (CAcRMA p pointed out that the aragraph did not stipulate
who was to -ay Do_ t e as istance eceived. pndv quenied. whether rroiisior
to this effect should not be made.
TM, CH![CZXT prb osed. stating in the report that no decision had been
take wit' Xebard. to this paragraph, because the results of the work of the
Economic and Employment Ccmmission were not known. The report would, also
mention tat the questio of the payment for:the assi tance received. had.
been raiseC.- -
Mr. SHACMIE (U=EiDgKIMGDCM ) pronosed ac.n& the words "ot terms to be
agreed." afcer t e wo:xa "shall provide"- to meet this latter point.
Th - yropesals.- t forw rd. bX ths Chairman and. Mr. Shackle were adopted.
M . TDY (tJDTD STAIES)- suggested combining paragraphs 1, 2 and. 3 of
Article 12.- This was agreed. It was also agreed to delete the words
navailabillt1- nf" :La paragraph I aad. to change the. words "access to:
apcilities'ia paratpah2 to "any such facilities".
Pragrs : 4 wae adopted with th amendments suggested by by.the
representative of the United States.
With rar5 to -mrigraph S of ArHIclLE12, ITE. KEACKI= (TU=nD EINGDOM)
er it waed wat it wc;s necessare to insert a r.ference to paragraph 2 of
Agtescle,5 suligstd by the deleg te for the.United States. The
/provisions of E/PC/T/C .6/12
Page 5
provisions of that paragraph would apply in ary case and if a specific
reference wore made in this instance, it would be necessary to insert such
referenes in other parts of the Charter.
Mr. NAUDE (SOUTH AFRICA) do bted whether the United States revision
placed adequate emphasis upon the conciliation of a dispate directly by the
parties without resourse to the Organization.
it was agreed to adopt the first sentence of the United States amendment
and to redraft the second sentence as follows:
"The Organization may, in its discretion, request the Members concerned
to consalt with a view to reaching a matually satisfactory settlement
and may lens. its good effiets to this end."
After it had been agreed to add the representative of Chile to the
Administrative Sub-Committee and to hold the next meeting at 10:30 a.m. on
22 January 1947, the meeting rose. |
GATT Library | xm574gz0597 | Second Meeting of the Executive Committee held on Tuesday, 22nd April, 1947 at 10.30 a.m. in the Palais des Nations, Geneva | United Nations Economic and Social Council, April 22, 1947 | United Nations. Economic and Social Council and Second Session of the Preparatory Committee of the United Nations Conference on Trade and Employment | 22/04/1947 | official documents | E/PC/T/EC/PV2/2 and E/PC/T/EC/1-5 E/PC/T/EC/PV. 2/1-3/CORR. 1 | https://exhibits.stanford.edu/gatt/catalog/xm574gz0597 | xm574gz0597_90210016.xml | GATT_152 | 5,901 | 37,765 | UNITED NATIONS
ECONOMIC
AND
SOCIAL COUNCIL NATIONS UNIES
CONSEIL
ECONOMIQUE
ET SOCIAL
RESTRICTED
E/PC/T/EC/PV2/2
22nd April 1947.
SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT.
Second Meeting of the Executive Committee held on
Tuesday, 22nd April, 1947 at 10.30 a.m.
in the Palais des Nations, Geneva
M.MAX SUETENS (Chairman) (Belgium)
Delegates wishing to make corrections in their speeches
should address their communications to the Documents
Clearance Office, Room 220 (Tel.2247).
. E/PC/T/EC/PV/2/2
CHAIRMAN (interpreted):
Gentlemen, the first itom on the Agnda is the election of
Vice-Presidents. You have the paper E/PC/T/48 giving you the
list. After having consulted with the Chiefs of Delegations
and with the Chairman's Council yesterday, we have dofgod to
submit for your approval the following nominations.
The First Delegate of Norway, Ambassador Colban.
The First Delegate of Czechoslovakia, M. Augenthaler.
The First Alternate Delegate of India Sir Raghavan Pillai
The First Delegate for Cuba, Mr. Clark.
The First Delegate for Canada, Ambassador Wilgrees.
In accordance with Article 89 of our regulations, I now submit
the nomination of the First Delegate of Norway, Ambassador Colb;
and the First Alternate Delegate of India, Sir Raghavan Pillai.
as Vice-Presidents to take my place in case I should have to
leave Geneva for a short time. Are you all agreed on those
nominations?
(The nominations were agreed )
Then the gentlemen I have just nominated are elected Vice-Presie
of the Preparatory Committee. I want to congratulate them
very heartily, and express the hope that we will work together
in close harmony. J.
- 3/10 E/PC/T/EC/PV.2/2
DR. COLBAN (Norway) (Interpretation): Mr. Chairman, I want to
thank you very much for your kind proposal which links me
cleser still to you and your work. I wuoud like also to express
my thanks to my collegues for the honour to my country, and the
very great pleasure which I have in fulfilling the duties which
have just been imposed upon me.
CHAIRMAN (Interpretation): It is my personal pleasure and
privilege to have as first vice-president a very old friend of
mine - Dr. Colban.
MRDAR H.S NALIK (India): Mr. Chairman, in the absence of
Sir Haghavan Pillai, I would like to say that I am quite sure
that he is very happy indeed to have this opportunity of being
associated with you in this work. On behalf of India too, I
would like to thank yourself and the mombers of the Committee
for the honour they have done my country by electing Sir Raghavan
Pillai as the second vice-president.
CHAIRMAN (Interpretation): Our second point on the agenda today
is the expose to be made by the French delegation on its new
Tariff. I therefore will give the floor to the member of the
French delegation who is charged with that expos.
MR. P. BARADUC (Franch) (Interpretation): If you consent, Mr. Chairman,
I Will leavs the floor to M. de Lorgeaux the Direator of
Tariffs in the French Ministry of national Economy. E/PC/T/EC/PV.2/2
- 11/16 -
M. de LONGEAUX: (Director of Tariffs, French Ministry of National
Economy): (Translation made subsequent to meeting): Mr
Chairman, Sir, the French delegation's explanatory statement on
the French tariff will prove, we fear, rather long and technical,
We applogise for this, but we feel that such a statement would
greàtly facilitate the task of those delegations submitting
requests for tariff concessions from France, and thereby contribu
to the progress of negotiations.
France has come to the Preparatory Commission for the
International Conference on Trade and Employment with a
customs tariff that is essentially new, different in structure,
and in the matter of establishment of duties from that which
existed' before the war. The latter is still theoretically in
force, but, as you know, the French government, immediately after
the liberation of its territory, provisionally suspended most of
the customs duties. If these duties were to ':e restored, it
would be the new tariff, which has been communicated to the Unite
Nations, which would come into force .immediately. Since we hope
that following the multi-lateral negotiations which are to being
this week, we shall be able to conclude tariff agreements with
the countries represented here, the French government preferred t
await the Qutcome of these negotiations beforee proceeding to logel
introduction of the new tarif.
The explanations which the French delegation wishes to
make, bear on two principle points: - nomenclat e and rates
of protection. On the first point we shall indicate why,
and in accordance with what principles, the former nomenclature
has been modified; and, on the second, we shall make clear in
what way the duties included in the tariffs communicated to E/PC/22/EC/PV. 2/2
- 17 -
you have been calculated so as to provide an andd vlorum
tariff equivalent to the 1958 level of protection. We
wish, hov;ivur, riJht fromn the outset, to umphlis that
in preparing its new tariff, the Frenoh government hias
been obliged to take into account thn f£act that, in the
y6ars preceding the war, prott;otion of our mnirket was
assured less by customs àAuties than by quotas negotiated
with most of the governments represented. here.
The Frenoh ovJernment has henceforthl definitively
renounced quotas as a means of proteotinri the nation 1.
m3rkct. The only reason it today maintains z
import programmeo, is solely tc protect its balance of
payments under the conit ions already explaired iii
detail by thu Frcnch delegation -at the F2rs' -2C3on.
of the Preparatory Comrnittee,
Fin: lly; this statement will have a third section,
devoted to the customs tariff's of French overseas
territories. Tlhe fctr-reaching changes in political
relations betvwten-metropolitan Franc; rnÉd its oversoX
territories, and the new technical provisions i.l the
metropolitan tariff, hbve involved cert._,in . adjustments
of the oustooms tEriffs applicable in.3rench ,&5_s
t-jrritories, which it is necessary th_t of::ers of the
United iSatiors should be ucquiinte-. with, in order to
submit their requests for concessions in a cloa^ an'
practical form, P/ES - 18 - E/PC/T/EC/PV2/ 5
RESTRICTID
It would be a complete mistake to suppose that France has
made the opening of international tariff ne gotiations a pretext for
presenting a new customs tariff. Long before the opening of the
world conflict, the French Govenment realised the necessity of a
thorough revision of its customs tariff in order to modernise its
nomenclature and adapt it to the varied purposes to which it should
normally answer.
were
Tha main outlines of the old nomenclature/originally fixed
by the Law of 11 January, 1892, but it had been frequently revised,
first in 1910, than in the interval between the two wars, as a resu)
of a series of commercial agreements with different countries. As
it stood, this nomenclature was by no means perfect in the f first
place, it was not properly arranged. It had evolved without any
guidance from above, subjected to partial and haphazard revisions
each answering some special need inspired by the double influence of
a protectionism believed essential et the time, and the growing
ramification of industrial production. Thus, it had become so ill-
balanced that its structure was difficult to grasp because these
successive modifications based on no guiding principle had been so
estensive that they hd finally obscured the general outline.
Furthermore, it had long been outstripped by the progress of
industry. Many new products did not appear under their true
description, and had had to be assimilatei to other products regarde
as the nearest approach. This was obviously an unsatisfactory
method, and for two reasons. Firstly, because it is not desirable
to lump together under the same heading articles which, though
possibly usable for very similar purposes, have, of ten neither the
same value nor the same composition, and do not need idential custom
protection, and secondly, because this method tends inevitably to - 19 - E/PC/T/EC/PV2/3
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reduce the value of statistics, and render subsequent comparison
difficult.
That is why, in 1965, the French Government set up a Com-
mission for the revicion of customs duties, to adapt the French
customs tariffs to the new economic circumstances, within the frame-
work of the Draft International Customs nomencl proposed by the
Sub-committee of Experts appointed by the League of Nations. At
the cutbresk of the world war this Commission had already made
considermable progress but its work was naturally interrupted and
couId not be completed until the end of 1945.
The framework of the Internationsl Customs Nomenclature was
bassd on the division of commodiies into animal, vegetable mineral
and manufactured prodeats, on the underatanding, however, that raw
materisis were to be placed under the same chapter as the industries
employing them. Commodities were thus classified under 86 chapters,
grouped in 3l sections. Hard and fast rules were laid down for
the distribution under chapters and under items within the chapters
of' a number of composite prodicts, such as chemical preparations,
mixed textiles, metal alloys, etc.
The Customs Nomenclature now submitted by France comprises
los chapters grouped in.25 sections. The Nomencls ture dram up by
the League's Sub-Committee of Experts has therefore not been strict-
ly followed. The Experts' classification of commodities did not
seem to be bey and all o For new chapters were
needed for new menufactures or for other articles which are con
stantly changing, and to provide for the inclusion of future produots.
It was, mereover, considered neesssbly to remove certain components
from one chapter or section for the purpose of forming new chapters - 20 - E/PC/T/EC/PV2/2
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and sections. Further, different rules frorn those originally
laid down in the so-called "International" Nomenclature have in
many cases been adopted for the distribution, of a number or
products under the appropriate headings.
In short, the French Customs Nomenclature, while keeping
to the general framework of the Nomenclature on which it is
modellea, differs radically from it on many points, and it would
be dangerous to base a definite opinion of the new Nomenclature
on a knowledge of its predecessor.
The French Government's. aim in drafting this Nomenclatur
has been:
-- To compile a clear and simple list of commodities, capat
of being easily understood, not only by French and foreign
officials in charge of commercial negotiations, but by all those
(producers, French importers, foreign exporters, statisticians)
who need to consult it for business purpose in connection with
their studies;
- To obtain a scientific and logocal basis of classificati
products being listed according to the amount of work involved in
their manufacture, that is to say, starting with raw materials an
proceeding by way of semi-finished to finished products;
- To group products of the same kind in the same chapter
or, at least, in the saine section, so that French or foreign user
of the Nomenclature will have no difficulty finding the pro-
ducts in which they are interested and the cerrospending duties; VKP - 21 - E/PC/T/EC/PV2/2
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- To make it possible, on the basis of this Nomenclature, to
obtain import and export statistics of the desired degree of
accuracy - a by no means negligible consideration having regard
to the growing importance of economic information.
- To simplify, for the benefit of users, i.e. in the last
analysis, foreign suppliers, the rational classification of
commodities not specifically mentioned, by means of special
tariff items for "products not specified."
To obtain a general idea of the Nomenclature, it is sufficient
to consult the summary giving the distribution or commodities under
sections and chapters at the beginning of the document, and the
very detailed index at the end.
The attention of negotiators and particularly or customs
experts from all countries is specially drawn to the general notes
at the beginning of each chapter. These notes are of considerable
importance as they define:
- The scope of the chapter, its exact limits and points of
contact with other chapters.
- The rules followed within the chapter, and sometimes with
regard to other chapters, ror the distribution of commodities
under the various items included therein;
- The lines on which composite products are classified;
- Definitions of certain articles and a number of other points
on which it is unnecessary to enlarge at the moment.
The ne-otiators may possibly consider the French Customs
Nomenclature in its present form over-developed. The reason for
this is that it was originally intended to serve as a framework
for what were essentially specific customs duties, i.e. duties
based on weight, area or number. Such a system involves a large
number of special definitions, if protective duties are to be
carefully graduated in proportion to the amount of processing each
product has undergone. But since the French Government decided, P/ES - 22 - E/PC/T/EC/PV2/2
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after the Nomenclature had been drawn up, to adopt almost ex-
clusively a system of so-valorem duties, the framework in question
clearly requires a great deal of compression. There was not time
bo out down the Nre nvlsyutr before the opening of the Conference.
The French Government proposes to do so, however, after the negotia
tions are complated; reductions in tho present number of items
will, of course, in no way affect the results of the Conference.
Hence, the final version of the French Nomenelature will be
relatively simple and will be drawn up in a form suited to a tariff
system based almost emolusively on ad valorem duties.
Difficulties may nevertheless arise from the from that
most of the members of this Conference have based the requests for
tariff concessions they have submitted to France on the terminology
of the French Tariff still in force. In such cases it is necessary
before considering the substance of the requests, to fit the claims
into the framework of the new Nomenclature, or, in other words, to
translate into new terms those used to designate the commodities
on which concessions are now asked for.
For instance, the requests submitted may refer to a
collective item designated in the old tariff as: "chemical product
unspecified'" or "apparatus unspecified". This being so, and
since it has been possible to sub-divide such items under various
new headings of much narrower scope, it is essential to aspertain
the true nature of the commodities to which the requests refer.
o o VXP -23- E/PC/T/EC/PV2/2
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Although the nomenclature of the new French tariff is
very different from the pre-war nomenclature, the level of
protection which it affords to French products is equivalent
to that of 1938, In point of fact, the calculation of the
1938 level of protection has been a difficult task, With a few
rare exceptions, France has decided to substitute an ad
valorem tariff system for the specific duties applied for the
most part before the war. In order to restore that protection
it was therefore necessary, first of all, to convert into
ad valorem duties the protection given by specific duties. An
approximate indication was obtained for specific items of the
old tariff, by dividing the amount of duties charged by the
declared value of the goods.
In many cases, however, such a method leads to completely
abnormal results, which cannot be made use of without adjust-
ments. Indeed, if the calculation is to be satisfactory,
products included in the same item of the former tariff must
be more or less homogeneous. If on the. contrary, as is often
the case, we are faced with miscellaneous products included in
a "blanket" item, the specific value of which is extremely
variable, and if such products are reclassified under different
items of the new tariff, according to category, the calculation
gives a percentage that is much too high for certain products
and much too low for others.
It is also a mistake to attach too much value to the
results obtained when imports are practically non-existent;
and this may apply even to certain goods that are of interest
to foreign exporters, when quota restrictions hed temporarily
kept them out of the French market. - 24 - E/PC/T/EC/PV2/2
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Moreover, in 1938 customs duties were by no means the onl
method of protecting our market. Quota restrictions, fees charge
for the issue of licenoes and in some cases equalisation systems,
provided more protection than customs duties. It is undeniable
in particular, that without quotas the duties included in our new
customs teriff would have given a completely inaccurate pioture
of the situation in 1938. Indeed, it must not be forgotten that
it was because a large number of our tariff items had been con-
solidated and France was not free to re-adjust the duties on them
that we were forced, in order to prevent our market from being
flooded, to apply quota measures. As we said at the beginning
of this statement, France is absolutely determined to give up
this method of protection.
For the rest, the French delegation can give an assurance
that the oalousation of the various protective elements, in spite
of inevitable inasocuraoies has always been made with the greatest
moderation and with the sole object of reverting precisely te the
pre-war situation. The new duties strictly correspond to the
former level of protection, not for the tariff taken as a whole
or even by chapters, but by categories of products. Neverthe-
less, we should like to mention two kinds of exceptions that heve
been made.
When it was first ascertained that the former tariff
contained obvious anomalies and that as a result of mistakes in
assessment or ewen of changed conditions of production after the
duties had been fixed, two commodities which should logically have
been subject to tile same treatment actually paid widely different
customs duties, we brought them into line fixing the rates not at
the highest, but always at on average or below-average level.
The new French tariff which will serve as a basis for the regotia- P/ES - 25 - E/PC/T/EC/PV2/2
RESTRICTED
tions cannot indeed be a more transorption of the former duties
with their anomalies and gaps. It must constitute a harmonious
whole capable of being put into force even if the Preparatory
Conference fails to achieve the desired results. But we feel
certain that the concessions which will be offered to you will
enable us considerably to reduced our level of protection and we
sincerely hope that this will be the case. May we also add that
in any event France will respect the consolidated duties now in
force? In this respect she will alter her tariff only as the
result of negotiations.
ln the second place the level of protection has also been
raised, as compared with 1938, for a very small number of products
which are of recent manufacture or were not of an industrial
nature before the war.
Finally, it should be pointed out that the duties in the
tariffs transmitted to the United Nations are those which will apply
to countries enjoying the minimum triff. The untres of the
general tariff will be three times as high.
3;)
The French delegation will negotiate not only on the
metropolitan tariff, but also, and at the same time, on the tariffs
of the other territories of the Union.
We have ascertained that with the exception of the United
States, South Africa and, Just recently, the Unlted Kingdom, the
delegations have only submitted requests to us in respect of the P/Es
- 26 - E/PC/T/EC/PV2/2
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metropolitan tariff. To facilitate their work we shall. supply
them with information on the customs tariffs of the various
territories of the Un1on.
In the first place it will be remembered that the
Frenoh Delegation to the First Session of the Preparatory
Committee of the Trade and Emaployment CDnforenOe made a statement
on 29 Ootober, 1946, on the principles governing the attitude
adopted by France and the French Union. In accordance with
this statement the system in force in 1939 will be taken as the
basis for discussion.
At that time the Over-seas Tt:rritories of the .Franch
Union were divided for oustorms purpo ses into three Groups:
Rirst Group
Assimilated territories with, generally speaking, th3
same oustoms tariff as Metropolitan France, with which, in fact,
they formed a custorns union.
Seco nd Group
Territories with a customs tariff differing from that
of Metropolitan Franoe, but not applicable to imports fromn other
territories of the French Union; the latter therefore enJoyed
freedom. from customs dut ies.
Third Group
Territories which, under international agreements, merely
applied the seme customs duties to ell imports whatever their
origin.
(1) In 1939 assiimileted territories applied the same oustoms
tariff as Metropolitan r-&ance; iin the case of certain important
products protection was strengthened Oy quota regulations. But E/PC/T/EC/PV2/2
- 27 - RESTRICTED
as an exception to this general rule, in order to provide for the
speoial needs of these countries due to their geographical posi-
tion, oertain articles were subject to a lower tariff rate than
the metropolitan rate; the aggregate of these rates formed the
special tariffs or the territory.
Thus, the tariff system of the assimilated territories
consisted of:
In the case of the majority of produots, the, metro-
politan taritt;
In the case of a restricted list or products, a special
tariff or rates lower than the metropolitan rate.
In 1939 assimilated territories were as follows:
Madegascar and its dependencies, namely: Seinte Marie,
Mayotta, The Comero, Arche elago, Nossi-Be, St. Paul and
Amsterdam Islands, Kerguelan and Crozet Arclepelagos, abd Adelie
Guadeloupe,
Martinique,
French Guians,
and Reunion
an
Indo-snina was also/assimilated territory: since then it
has been granted customs autonomy by a law which France has no
intention whatsoever of revoking. In view of the present
position, the French Delegation considers that no useful purpose
would be served by discussing the future customs tariff ot this
territory. VKP/ES
- 28 - E/PC/T/EO/PV2/2
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Of the assimilated territories of 1939 therefore there
remain only Madagasoar, Martinigue, Guadeloupe, French Guiana and
Reunion. The last four have astually just been granted the
status of metropolitan departments, but this administrative and
constitutional change in no way affects their position for the
purposes of the present negotiations.
For each of these territories we have had the pre-war
special tariff reproduoed, and, as in the case of the metropolitan
tariff, have given for eaoh article the "ad valorem" equivalent
of the 1939 proteotive duty.
There are therefore two cases:
Only in the case of those products mentioned in the special
tariff of each territory should requests be based on this tariff:
In all other cases they should be based on the metropolitan
tariff.
It must te emphasised that, by reason of the changes which
have taken place since 1939 in the value of African and Ooeanian
francs, requests based on the specific prewar duties would today be
meaningless; it is on the "ad valorem" rates given both in the
new metropolitan tariff and in the special multigraphed tariffs
supplied to foreign delegations, that such requests must be based.
0
o o VKP E/PC/T/EC/PV2/2
RESTRICTED
(2) Territories belonging to the second group were those which,
while granting favoured treatment in the form of freedom from
import duty to trade within the French Union, had, none the less,
a full tariff' of their own, entirely different in its nomenolature
and duties from the metropolitan tariff.
Such was the case with,
French East Africa:
Gaboon, a territory included for administrative purposes in
French Equatorial Africa, but lying outside the recognised Congo
Basin and therefore having a different customs regime:
French Somaliland.:
St. Pierre and Miquelon:
French Oceania (Tahiti and its Dependencies: The Marquesas,
Touanoutou, Gambier, Tubai and. Rapa Island):
New Caledonia and its Dependencies.
For the first two of these territories, French East Africa
and Gaboon, the 1939 tariff has been multigraphed and a copy
supplied to each of the countries participating. The duties
listed represent the "ad valorem" equivalent of the specific
1939 duties. It is therefore on these "ad valorem" rates, and
not on the specific pre-war dutes, that, for the reasons given
above, requests for concessions should be based.
For the other territories, Somaliland, St. Pierre and.
Miquelon, French Oceania and New Caledonia, it has been impossible,
on account of their volume, to have the 1939 rates reproduced.
o
o o
In respect of the two groups of territories already mentioned,
any possible misunderstanding on the following point should be - 30 - E/PC/T/EC/PV2/2
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avoided:
These territories, or at least some of them, are still too
insuffioiently developed to have a modern fiscal system, including
direct taxation on a scale adequate to provide local budgets with
the necessary revenue. A much wider use has therefore had to be
made of taxes on consumption then is customary today in more devel-
oped oountries.
Of these consumption taxes, those which are both easiest to
collect and most reliable in yield are clearly those charged on
commodities as they cross an inspection line already organised for
similar purposes.
For this reason in these territories, as indeed in a great
number of countries, taxes are collected along with the customs
duties proper. As the administrative machinery of the territories
improves, these taxes Become direct or indirect internal revenue.
They will then be collected by fiscal administrations other than the
Customs. At present they apply to all commodities irrespective of
origin. Thus, even in the assimilated territories, that is , those
belonging to the first group regarded as forming part of a customs
union with the metropolitan territory, such taxes are collected ever
on French products.
Obviously, suoh duties the rates of which may vary according
to a territory's domestic budgetary requirements, could hardly be
included in these negotiations. During the war, moreover, some
territories found it expedient to modify the rates.
o o -31- E/PC/T/EC/PV2/2
RESTRICTED.
I would also mention that imports into metropolitan France
from territories in these first two groups are, with very few
exceptions, admitted free of duty and subject only to
metropolitan fiscal taxation.
o
o o
3) Finally, as regards the territories of the third group -
mandated territories and the Conventional Congo Basin - these
have very low import duties of a strictly fiscal character,
which constitute an essential source of revenue for the
development of these territories and which, moreover, in
accordance with the international instruments regulating their
status, are strictly non-discriminatory.
o
o o
Lastly, two countries belonging to the French Union enjoy
the special status of Protectorate, namely Morocco and Tunisia.
As regards Morocco, under the Treaty of Algeciras the
protecting power is obliged to recognise the principle of
equality of treatment. In addition, the customs tariff, which
was fixed by agreement between the signatories to this treaty,
is uniform in its application to all commodities; it is
extremely moderate and is of a purely fiscal character.
Tunisia's position is peculiar, comparable in fact to
that of the French territories tn the first group, that is to
say the metropolitan tariff applies partly and also a special
tariff.
This Tunisian special tariff is fairly complex, The French
delegation is at the disposal of any foreign delegations
wishing to submit special requests regarding the duties in this
tariff. All they need do is to give advance notice of the VKP E/PC/T/EC/PV2/2
RESTRICTED.
commodities the importation of which into Tunisia particularly
interests them,
o
o o
In short, in the case of the following territories:
- Madagascar,
- Martinique,
- Guadeloupe,
- French Guiana,
- and Reunion.,
requests for concessions addressed to the French delegation
should be based on the metropolitan tariff for the general
run of products and on the special tariff, of which a
multigraphed copy has been distributed to each country
participating, for commodities expressly mentioned therein,
In the case of:
- French West Africa
- and Gaboon,
requests for concessions should be based on the multigraphed.
special tariff distributed to each country participating.
In the case of: -
- French Somaliland,
- St. Pierre and Miquelon,
- French Oceania,
- and. New Caledonia,
whose tariffs it has not been possible to reproduce, deleggations
interested are asked. to draw up a list of products on which these
require information and the French delegation will be happy to
furnish the necessary particulars.
The same applies to Tunisia. VKP/E -33/55- E/PC/T/EC/PV2/2
RESTRICTED
The Frenvh delegation hopes, Mr. Chairman, that the fore-
going information has cleared up the principal points on which
there was some obsourity in the customs tariffs of the French
Union. Moreover, it is prepared to supply all possible explana-
tions either immediately or prior to the opening of the actual
negotiations. We request delegations to get into touch with the
French customs tariffs office (Room No. 316 - Telephone 2339)
for this purpose.
The number of sets of French tariffs at the disposal of
our delegation is at present very small, but we hope to receive
further os a. an early date and these will be available to
delegations during the negotiations. We also request them to
make certain the they have received the prcvisicnal list of
printer's errors which we have noticed in the tariff. Copies of
this list are at their disposal. P.
- 56- E/PC/T/EC/PV2/2
THE CHAIRMAN. (Interpretation): I would thank M. de Longeaux for his
very clear and very complete expose which I am sure will help great-
ly in the fortheeming negotietions.
Are there any delegates who would like to ask for informa-
tion or put any questions to the French delegation?
Mr.DANIEL REAGAY (United States): The United States is grateful for
the very precies and careful expose given by M. de Lengeaux on behald
of the French delegation. We appreciate the very great
problem which you have had for years in arranging the nomenclature,
the problems which you have had in reconciling the new proposed
tariffs with your former tariffs. However, we still feel a lack
of that reecrciliation, Forbaps the point should be clarified,
and undoubtedly will, an our cubsequent negotiations.
We are given coneern when we nothe, for example, in sample
items which we have taken up (and three are quite a number so far
which we have been able to observe) that where, for example, under
the old variff the rate was free, it is now protimed to have rates
renging from 5 to 10 to 20 and even 30 per cent. On items which
were duly under qaots in 1938 we note that the rate proposed is now
in some instances ranging from 2 to 3 to 5 and what appears to be
even 10 time the 1936 rate. The range which I have just cited,
I would like to point out, applies to items which were not under
quote in 1983. There are parallel proposed modificaions on
impormant items which were under quota in 1938, the extent of the
range being very similan in sore instances to those which I have
not
citad, which were/uncer quota. I am sure some of those particular
items may be clarified in our discussions, but in our approach to our
. E/PC/T/EC/PVZ/2
negotiations we feel that we should look to the general expression,
which M. de Longeaux was kind enough to give to us, namely, that
the proposed level of protection is equivalent to that of 1938.
Thorefore. in our approach to our negotiations we feel that we should
also look to the level of the equivalent of the 1938 percentage.
CHAIRMAN (Interpretation): I belive the French delegation would
.
like to roply to the delegate of the United States.
Mr. DANIEL REAGAN (Unitod States): I would like to mako a correctuin
to the interpretation. I did not say that the tariffs would be
identical with those proposed in 1938, but M. de Longeaux said that
the level of protection was equivalent to 1938.
M. de LONGEAUX (France) (Interpretation): I believe, Mr. Chairman,
that the dusuances which have been quoted by the delegate of the
United States should, in order to be fully understood, be examined
in fact and in detail. I am not arguing on the distinction made
between the goods which were on the quota and goods not on the
quota; as has been pointed out some of these wore on tho quota,
and some not on the quota, but as far as I can make out it seems
that the instances which have just been quoted refer exactly to the
exceptions which I pointed out myself. First of all, the old teriff
put together in the same items vastly different types of goods, and
when we had to separate them for the new tariff we had to put in a
new catogory of goods aocording to the difficulty of workmanship
which entered into their manufacture which may have given rise to
these difficulties. On the other hand, I also menthimed another
category of goods which appear now in a new light because the con-
ditions of manufacture in themselves have been greatly alered since
1938. I am sure that ths items which have been oited by Mr. Reagan
-57 - P.
E/PC/T/EC/P72/ 2
must be very small indsed in number, and that explanations in the
course of negotiations will shed the necessary light on the differ
points raised.
Mr. DANIEL REAGAN (United Stetes): M. Chairman, I wish to than
M. de Longeaux for his further explanation of which our delegation.
of course, takes note. I am sure that some of these items can be
olarified more fully in our disoussions, although I feel constraine
to make the reseration that we do not find that explanation apply
in just a small number of items.
Mr. de LONGEAUX (France) (interpretation): I would like to indicate
that, for the same reasns for which we have increased the rates on
certain items, we have also permitted the free entry of certain ot had
goods which hitherto were subjected to tax.
Mr. Daniel RDAGAN (United States): I hope we shall fing them:
THE CHAIRMAN (Tnterpretation): Are there any other delegates whe wis
to put questions to the French Aelegation?
Mr. Walter NASH (New Zealan): Some of the delegates would find it a
great advantege lf they couold read and not only hear what has been
said by the delegate of France, and then put their know edge of the
own country alongside what France is proposing.
Dr. A..B. SPEEKENBRINS (Natherlands): As I think the tariff upon which
you enter upon your negotiations is of some importance, I would like
again to draw tho attention of delegates to the faots which we gave
in our statement a few days ago about the system which Holland and
Belgium followed in formulating specfic duties, ad valorem duties,
and so on. Also in defining the rates of the new tariff f we had a
definite approach. V
M. SPEEKENBRINK (Netherlands);
We have tried to keep entirely out of account the questions
of protection allowed by quota systems and so on, and in the
second part, as we also explained, in our tariff we have tried
to find more or less average between the Dutch and the Belgian
tariffs. I would like to draw the attention of the Delegates
to that statement again because it is of importance in this
starting point in the negotiations.
M. FORTHOMME (Belgium) (in French, not translated).
CHAIRMAN: Are there any other questions? It is understoed. (to
answer Mr. Nash's question) that sopise of the French expose
will be distributed to the Delegations.
MR. NASH (New Zealand);
Will there be an opportunity to discuss it when we have returned?
CHAIRMAN: Certainly. There will be a meeting at three o'clock
to listen to M. Augenthaler's expose.
The meeting stands adjourned.
The meeting rose at 12.35 p.m. |
GATT Library | ct709my5702 | Second Session de la Commission Preparatoire de la Conference du Commerce et de l'Emploi de l'Organisation des Nations Unies : Exposé de M. Max Suetens, Président de la Commission Préparatoire, à la Conférence de Presse du ler Juillet 1947 | Office Europeen des Nations Unies Centre d'Information Genève, July 1, 1947 | Office Europeen des Nations Unies Centre d'Information Genève | 01/07/1947 | press releases | Communiqué de Presse No 222 and PRESS RELEASE NO.36-354 | https://exhibits.stanford.edu/gatt/catalog/ct709my5702 | ct709my5702_90260217.xml | GATT_152 | 1,293 | 8,378 | OFFICE EUROPEEN DES NATIONS UNIES
Centre d'Information Communiqué de Presse No 222
Genève. ler Juillet 1947.
SECONDE SESSION DE LA COMMISSION PREPARATOIRE DE
LA CONFERENCE DU COMMERCE ET DE L'EMPLOI
DE L'ORGANISATION DES NATIONS UNIES.
Exposé de M. Max SUETENS, Président de la Commission Prépara-
toire, à la Conférence de Presse du ler Juillet 1947.
La Commission Préparatoire à la Conférence Interna-
tionale sur le Commerce et l'Emploi a commencé les travaux
de sa 2ème session le 10 avril. Neuf semaines se sont passées
depuis cette date. A part les séances plénières du début,
toutes les séances qui ont été tenues ont eu un caractère
privé. De ce fait, le public connaît peu de choses au sujet
de nos délibérations. Sans doute, êtes-vous tens au courant
régulièrement de 1'état d'avancement de nos travaux par les
conférences de presse organisées par le Secrétaire Exécutif,
Mr WYNDHAM WHITE, ou son adjoint, Mr LACARTE, mais j'estime
de mon devoir, aujourd 'hui que nous sommes un peu plus qu'à
moitié chemin, de m'adresser directement à vous pour prendre
une vue d'ensemble de nos travaux.
Je vous rappellerai tout d'abord que nous sommes
ici pour deux tâches très différentes. La première est
d'élaborer un projet de Charte. Qu'est-ce que cette Charte ?
Quel est son objet ? Quelle est son utilité ?
Cet objet est quadruple.
Il s'agit tout d'abord de donner aux échanges
internationaux la sûreté qu'ils requièrent par un ensemble -2-
de règles reconnues par tous. Dans l'état actuel dus choses,
ces règles sont stipulées dans les traités de commerce. Mais
telles quelles, elles sont disparates, n'ont pas un caractère
suffisamment général, sont parfois contradictoires et la plu-
part ne conviennent pas ou conviennent mal aux techniques nou-
velles de la politique commerciale. Il était nécessaire de
les repenser, de les développer et de les codifier.
L'idéal eut été de se borner à un code de règles
strictes, mais la chose s'est rapidement révélée impossible.
Les différences profondes qu'il y a dans la structure écono-
mique des différents pays représentés à la Commission, ainsi que
dans l'état de développement de leur économie, rendent impossi-
ble l'adoption de règles uniformes. Il faut une certaine sou-
plesse et une certaine flexibilité. D'où les clauses échappa-
toires qu'il est nécessaire d'inscrire dans la Charte. D'ail-
leurs, si même on avait pu mettre sur pied un ensemble de rè-
gles précises, on n'aurait pu éviter des divergences d'opinions
au sujet de leur interpretation ou de leur application. D'au-
tre part, des difficultés imprévues peuvent surgir et des si-
tuations nouvelles se développer. En l'absence d'une Charte
international, toutes ces matières eussent été laissées à la
discrétion des différents Gouvernements et cette liberté est
pleine de risques. Si, en revanche, on prévoit pour les cas de
l'espèce, une procédure qui permet de règler soit à l'amiable, soit
par le moyen d'une procédure juridique, les différents ou con-
testations qui peuvent surgir, on parvient à empêcher que des
atteintes trop graves ne soient portées au mécanisme des échan-
ges. C'est là, d'une manière générale, le deuxième objectif de la Charte qui, dans cet ordre d'idées, stipule entre
autres l'institution d'une Organisation international chargée
de veiller à l'application de la Charte et qui s'érige en
intermédiaire et en conciliateur pour toutes les questions
délicates.
Le 3e objectif est d'an arriver à promouvoir les
échanges internationaux par la reduction des tarifs douaniers,
l'élimination progressive des preferences tarifaires, la
suppression ou tout au moins la diminution des restrictions
quantitatives aux échanges, C'est ici que se greffe la 2e
activité de la Conférence, c'est-à-dire l'ensemble des négo-
ciations commerciales, dont je parlerai plus loin.
Mais ce n'est pas tout. Ni l'établissement de principes,
ni l'institution d'une Organisation de sauvegarde, de conci-
liation et d'arbitrage ne peuvent suffire à maintenir et à
développer les échanges. La loi donne la sécurité. Elle ne
crée rien par soi, On peut même aller plus loin. Le rétablis-
sement de la liberté dans les échanges lui-même ne suffirait
pas. Il faudrait également une action décidée et de coopé-
ration dans les domaines qui conditionnent les échanges
o'est-à-dire la production, la consommation, l'emploi,
le développement éonomique g6é'éal et notamment oelui des
pays céonomiquement peu véolusé. Dens ces diffcrentes matirèes,
les mesures àprendr, dpéendent avant tout de la souverainet
nationale. Chaque pays doit avoir sa politique propre. Mais
ces diffreéntes politiques risqueraient de se heurterl' une
I'autre, si elles ne'aéient pas dominesé par une action
concertd.e Les rgIèes de cette action ferment le 4e objet
de la Charte, Suivant leur structure coénomique suivant
leurs intr~tsê, les diffreénts pays sont intreésss épar l'un
ou lau'tre des objets que je viens de dfiénir, Pour un pas
come -4-
le mien, par example, l'intérêt de la Charte résidera sur*ut
dans le statut qu'elle donnera au commerce international ainsi
que dans l'effort qu'elle préconisera pour l'abaissement des
barrières douanières. Un pays tel que l'Inde,d'autre part,atta-
chera surtout de l'importance à la politique qui est prévue pour
le développement économique des pays peu évolués. Tous doivent
y trouver un intérêt égal.
0 0 0
Vous avez entendu dire certainement que nous avions
des difficultés, que les choses allaient mal, que tel ou tel évé
nement raégissait dféavorablement surl e cours de nos dbéats. J
suppose que nul den'tre vous n'imaginera qu le'laéboration d'une
Charte soit une chose simple, Nous croyonsto us que ouns nous
trouvons devant une tchâe urgenten6c eéssaire et difficile 1aiMs
etcte prsèpective stimleu les dl6gaétions qui rivalisnte d tealnte,
de zlo eet de savoir pour arriver dàs ersuéltats.
Uno des difficults éde base est qu'en vertu do l'a-
ticl 7 ed lae Chate rdes Nations Unies, aucune organisation ds
Nations Unies n'a l droeit dinte'rvonir dns laes affairs qui rol-
vent ssonteillemeent d la xompecenceé national d'une Etat Chaq.u
tat doEno aordoab abeoredra la eCharte avec sa structure ooomeécu
propro I deit yIl avoir un quilibro d'obligeations t dosacerifieas
qui respcto1'uteonoemil de chacuon. I y a d'unl part loe pays
dont 6oomio 'lstéc lib~ealo, d'auétrs qui ont eds monopoloes d'Etat,
d'autro oule ceommoùcoext6reoue dansé soen ensemble st lui-m8eo
un monopol. Vionon eonfine loes pays o Ie omaezu osct mdirigc
soit en vue d la reconstreuction, soit en vuo du dvelo~on
industria. - 5 -
Toutes les règles de la Charte doivent être acceptables
pour ces différentes variétés de pays et traduites dens les
terms des systèmes en présence.
Le travail que nous faisons actuellement est un travail
préliminaire que nous devons soumettre, sans doute à la fin de
l'année, à l'ensemble des pays intéressés au commerce inter-
national. Nous aurions fait oeuvre vaine si en même temps que
nous pensons à nous-mêmes nous n'avions pas pensé également aux
pays qui ne participent pas à nos travaux actuellement, mais qui
auront à juger notre oeuvre.
00 0
J'ai parlé tout à l'heure des négociations tarifaires en-
treprises en marge de nos pourparlers touchant la Charte. Elles
ont été engagées dès la début de la présente session conformément
un plan dont vous avez eu connaissance. Elles se développent
parallèment, sens qu'on sache grand'chose d'elles sinon par les
rapports périodiques que les délégations remettent à un Comité
directeur. D'après le dernier de oes rapports, 335 séances de né-
gociations ont été tenues entre les 95 couples de pays qui sont
entrés en négociation.
Ce sont là des résultats. Mais le tâche à accomplir est im-
mense. Les négociations bilatérales pour un traité de commerce or-
dinaire entre entités économiques importantes durent de 3 à 6 mois.
Et, encore, les pays qui s'engagent ainsi dens des négociations
importantes n'en entreprennent pas d'autres, Ici, un délai de 4
mois 1/2 est imparti à 18 pays pour terminer un ensemble de né-
gociations simultanées d'une importance considérable pour cha-
cun d'entre eux. C'est une véritable gageure. J'espère que nous
la tiendrons. |
GATT Library | hw322kg3507 | Second session of Preparatory Committee of the United Nations Conference on Trade and Employment : Amendment on Article 35. South African Delegation | United Nations Economic and Social Council, July 1, 1947 | United Nations. Economic and Social Council | 01/07/1947 | official documents | E/PC/T/W/230 and E/PC/T/W/220-235 | https://exhibits.stanford.edu/gatt/catalog/hw322kg3507 | hw322kg3507_90050378.xml | GATT_152 | 234 | 1,527 | UNITED NATIONS NATlONS UNIES RESTRICTED
E/PC/T/W/230
ECONOMIC CONSEIL 1 July1947
AND ECONOMIQUE ORIGINAL: ENGLISH
SOCIAL COUNCIL ET SOCIAL
SECOND SESSION OF PREPARATORY COMMITTEE OF THE UNITED
NATIONS CONFERENCE ON TRADE AND EMPLOYMENT.
Amendment on Article 35
South African Delegation.
,
(a) To amend the Australian amendment contained in paper No.
E/PC/T/W170 of the 6th June, 1947, by inserting on page
2, after the word "action" in line 2 of paragraph (c),
the following words:
"and result from the failure of a Member to carry aut any
obligation which such Member has assumed pursuant to
Chapter V or Chapter VI".
(b) To add the following new paragraph (3):
"Members recognise that their ability to carry out their
obligations under the Charter will depend on the attain-.
ment over a large enough area and in sufficient measure
of the purposes and objectives outlined in Chapters I,
III and IV.
"If at any time at least ten per cent of the Members
represent to the Executive Board that a situation exists
or is in process of development, whether or not such
situation conflicts with the terms of the Charter, which
will endanger the ability of Members to carry out their
obligations under the Charter, the Board shall in terms
of Article 65 request the Director-General to convene
with all possible despatch a meeting of the Conference to
consider the measures necessary to deal with the situa-
tion". |
GATT Library | rf193cm1358 | Second Session of the Preparatoiy Committee of the United Nations Conference on Trade and Employment | United Nations Economic and Social Council, April 8, 1947 | United Nations. Economic and Social Council | 08/04/1947 | official documents | E/PC/T/35 and E/PC/T/34-44 | https://exhibits.stanford.edu/gatt/catalog/rf193cm1358 | rf193cm1358_92290039.xml | GATT_152 | 296 | 2,134 | UNITED NATIONS NATIONS UNIES UNRESTRICTED
ECONOMIC CONSEIL E/PC/T/35
AND ECONOMIQUE April 8th, 1947
SOCIAL COUNCIL ET SOCIAL
SECOND SESSION OF THE PREPARATOIY COMMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT
Opening of the Session by the temporary Chairman.
Election of the Chairman.
Election of the first Vice-Chairman.
Election pf the second Vice-Chairman.
Provisional Agenda
1. Adoption of the Provisional Agenda.
2. Discussion and approval of amendments to the Rules of,
ProcQdure.
3. Presentation of the Report of the Dratting Committee by
its Chairman.
' e4, General discussion of the scope of the work of the Second
Sesston.
5. Discussion of the methods of work of the Second Session,
including the establishment of the Tariff Steering
Committee and any other committees that may bt required.
6. The tariff negotiations.
7. Economic and Social Council Resolutions on:
(1) Preparatory Committee Resolution regarding
Industrial Development;
(2) Preparatory Committee Resolution relating to
inter-governmental consultation and action
on commodity problems prior to establishment
or the International Trade Organization;
(3) Employment and Eoonomic Development.
8. Examination of the Report of the Drarting Committee in-
oluding the text of the General Agreement on Tarifts
and Trade.
9. Report of the Chairman of the Tariff Steering Committee.
10./.. . -2-
10. Elaboration of an annotate'. draft agenda for consideration
by the United Nations Conference on Trade and Erployment.
11, Date and place of the United Nations Conference on Trade
and Employment.
12, Consideration of.recommendation to the Economic and
Social Council regarding what states, if any, non-
Members of the United Notions, should be invited to the
United Nations Conference on Trade and Employment.
13. Signature of the General Agreement on.Tariffs and Trade.
14. Preparation and adoption of the Report of the Preparatory
Committee to the Economic and Social Council.
15. Other items. |
GATT Library | ry731ry2049 | Second session of the Preparatory Commission of the United Nations Conference on Trade and Employment : Chapter VII. Intergovernmental commodity arrengements. Amendments proposed by the Indian Delegation | United Nations Economic and Social Council, June 6, 1947 | United Nations. Economic and Social Council | 06/06/1947 | official documents | E/PC/T/W/178 and E/PC/T/W/177-207 | https://exhibits.stanford.edu/gatt/catalog/ry731ry2049 | ry731ry2049_90050318.xml | GATT_152 | 263 | 1,864 | ECONOMIC CONSEIL 6 June 1947
AND ECONOMIQUE ORIGINAL: ENGLISH
SOCIAL COUNCIL ET SOCIAL
SECOND SESSION OF THE PREPARATORY COMMISSION OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT
CHAPTER VII
INTERGOVERNMENTAL COMMODITY ARRNGEMENTS
AMENDMENTS PROPOSED BY THE INDIAN DELEGATION
The Indian Dalegation wishes to withdraw the amendments
proposed by it in E/PC/T/W/145 dated the 31st May, 1947, and to
propose the following new amendments:-
Article 47, paragraph (e)
At the end of the paragraph, add the words:
"or whore expansion is required to aid in the achievement of
internationally approved consumption programmes. "
(The intention is to permit arrangements to be made for expansion
in the production of basic foods with a view to making the
additional output available at special prices, even after surplus
conditions hava developed.)
Article 49, paragraph 1
After the words "a Member having asubstantial interest" insert
the words:
"or at the reqast of a competent intergovernmental
organisation".
Article 50, paragraph 2 Substitute the following:
"The Organisation shall invite competent intergovernmental
organisations to attend or take part in the work of a
study group or of a Commodity Conference."
Article 53, sub-pragraph (e)
For ths words ``withinn the time-limits of the agreement", sub-
stitute the words: "within a reasonable period".
(The problems affecting basic foods may not be capable of being
solved within the time-limits of a single agreement).
Article 54, paragraph 7
At the end of the paragraph, add the sentence:
"It shall also make periodic rports to any other Specialised
Agency having a particular responsibility for the commodity
or commodities concerned. "
UNITED NATIONS
NATIONS UNIES
RESTRICTED |
GATT Library | wv994hp3347 | Second Session of the Preparatory Commission of the United Nations Conference on Trade and Employment : Commission A Summary Record of the Twentieth Meeting held on Saturday, 28 June 1947 at 10.30 a.m. in the Palais des Nations, Geneva | United Nations Economic and Social Council, June 28, 1947 | United Nations. Economic and Social Council | 28/06/1947 | official documents | E/PC/T/A/SR/20 and E/PC/T/A/SR/10/CORR.2-21 | https://exhibits.stanford.edu/gatt/catalog/wv994hp3347 | wv994hp3347_90250035.xml | GATT_152 | 1,423 | 8,855 | UNITED NATIONS NATIONS UNIES
RESTRICTED
ECONOMIC CONSEIL B/PC/T/A/SR/20
AND ECONOMIQUE 28 June 1947
SOCIAL COUNCIL ET SOCIAL ORIGINAL: ENGLISH
SECOND SESSION OF THE PREPARATORY COMMISSION OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT
COMMISSION A
Summary Record of the Twentieth Meeting held on
Saturday, 28 June 1947 at 10.30 a.m. in
the Palais des Nations, Geneva.
Chairman: H.E. Erik COLBAN
The CHAIRMAN opened the discussion on the Report of the
Working Party on Technical Articles (E/PC/T/103).
ARTICLE 16
Mr. GARCIA OLDINI (Chile) stated that his Delegation had
for the time being to maintain the reservation made in respect
of paragraph 1.
Mr. URQUHART (Canada) associated himself with this
reservation.
The CHAIRMAN expressed the hope that both Delegations would
be able to withdraw their reservations before the work of the
Preparatory Committee is concluded.
Mr. S. RANGANATHAN (India) raised the question of what
would be the effect of reservations on any of these articles
which also formed part of the General Agreement on Tariffs and
Trade.
The CHAIRMAN replied that such reservations were considered
also to refer to the corresponding articles of the Tariff
Agreement. In his view, the resulting complications could be E/PC/T/A/SR/20
page 2
solved either by succeeding in eliminating these reservations or
by keeping out of the Tariff Agreement the provisions to which
the reservations were attached.
Dr. J.E. HOLLOWAY (South Africa) asked what would be the
status of the explanatory notes included in the Report. He was
afraid that once the Charter was established, these notes whould
be disregarded in its interpretation, and therefore he would
suggest to lay down a rule perhaps in the article on inter-
pretation, that these notes are part of the material of the
Charter.
Mr. Garcia OLDINI (Chile) supported this proposal.
The CHAIREMAN pointed out that if the World Conference would
maintain the explanatory notes submitted to it by the Preparatory
Committee, it would be the task of the Conference to include an
appropriate statement to the effect desired by the Delegates of
the Union of South Africa and Chile. He was in agreement with
the request made by the Delegate of Chile, and was prepared to
raise this point at the next meeting of the heads of Delegations.
The CHAIRMAN then asked for comment and observations on
paragraph 1 of Article 16 made by the French Delegation in
document E/PC/T/109.
Mr. M.C.E. MORTON (Australia) pointed out that the subject
matter of these observations was not related to the provision
under discussion.
Dr. S. KORTEWEG (Netherlands) explained that the case of
goods consigned to a country in bond without final destination
was a case of transit and should be treated as such. E/PC/T/A/SR/20
page 3
Mr. J.P.D. JOHNSEN (New Zealand) and Mr. W.E.H.
RHYDDERCH (United Kingdom) supported the view of the
Delegate of Australia.
Mr. de SMEDT (Belgium) stated that the cases in
question had been known to exist for a long time and he
could not see why they should not be treated as cases
of transit.
Mr. G.B. URQUHART (Canada) and Mr. O. RYDER (United
States) opposed the proposal of the Netherlands Delegation.
The CHAIRMAN pointed out that it was not the
purpose of the Commission to underline differences of
opinion. He, therefore, proposed to abandon the matter.
Dr. S. KORTEWEG (Netherlands) accepted this view.
Paragraphs 1, 2, 3, 4 and 5 with the notes
attached were approved.
Mr. Garcia OLDINI (Chile) drew attention to the
word "like" which in the note to paragraph 5 had once
been translated by "similaire" and in a second case by
"analogique".
M. ROUX (France) thought it should always be
translated by the same word.
The CHAIRMAN then asked the French Delegate to
comment on the observation submitted on paragraph 6 in
E/PC/T/109. E/PC/T/A/SR/20
page 4
M. ROUX (France) stated that the French Delegation
had accepted the decision of the majority to include this
paragraph but had made the same reservation as on Article 14
because the issue was identical. He wished to point out that
if this paragraph was maintained, the title of the article
"Freedom of Transit" was inappropriate and should rather read
"Transit." He could not withdraw the reservation because
it was not certain that the French Government would be able
to apply the provision as soon as the Charter would come into
force.
Dr. S. KORTEWEG (Netherlands) doubted if paragraph
6 was in the right place. It did not concern the question
of transit but rather the method of collecting duty and ought
to be inserted elsewhere, perhaps under Article 14.
Mr. W.E.H. RHYDDERCH (United Kingdom) stated that
this question had been fully discussed in the Sub-Committee
and the conclusion had been reached that it should remain
in this place.
The text of paragraph 6 was approved. As the dis-
cussion on article 14 had taken place since the Report was
drawn up, the note attached to paragraph 6 was altered
accordingly from the future tense to the past tense.
ARTICLE 17.
It was agreed that the notes (a) and (b) in the General
Comment should be deleted.
Mr. OSCAR RYDER (United States) pointed out that the
view expressed in the note to paragraph I had been arrived
at unanimously and not only by the majority of the Sub-
Committee. It was agreed to alter the text of the note
accordingly. E/PC/T/A/ SR/ 20
page 5
The CHAIRMAN pointed out that any explanatory
notes which were originally described as stating the views
of a Committee, of a Sub-Committee or of a Working Party,
would, if retained in the final Report, appear as the
views of the Preparatory Committee.
Mr. Garcia OLDINI (Chile), commenting on the note (b)
of paragraph 1, maintained that the Member practising
dumping should bear the burden of proof and not the Member
applying anti-dumping duties.
Mr. ROUX (France) pointed out that whilst all were
agreed that dumping was illegal, it was necessary to prevent
anti-dumping measures from being misused.
Mr. H. DORN (Cuba) thought that this note dealt with
the purely juridical question, and a rule of this kind
was hardly in its right place here.
Dr. J. E. HOLLOWAY (South Africa) associated him-
self with this view. He thought the note should be
eliminated because it was a general rule of evidence, the
application of which ought to be left to the lawyers admin-
istering the Charter.
Mr. ROUX (France) recalled that a certain number of
Delegates, including his own, had submitted suggestions con-
cerning the burden of proof and the note in question merely
represented the explanation that had been given to them
in reply. If it were decided to eliminate it, the French
Delegation would have to reserve the right to submit the
original amendment again.
Mr. URQUHART (Canada) supported the elimination of
the note as the application of Article 35 was beyond doubt.
Mr. George HAKIM (Lebanon) could not agree that
Article 35 provided for an obligation to justify anti-
dumping duties. It only provided for consultation and E/PC/T/A/SR/20
page 6
information and the proof mentioned went beyond this
The interpretation given by the Working Party was not
correct and if it was desired, then article 35 would have
to be amended. It was not the task of this Commission to
interpret Article 35 and it might be referred to the Sub-
Committee dealing with that article and to the legal
experts for a final decision.
Mr. ROUX (France) stated that if the interpretation
given was not confirmed, he would have to take the reserva-
tion.
The CHAIRMAN stated that in his view the reference
to article 35 made the note superfluous. He suggested to
leave out note (b) and reserve the right of the French
Delegation to submit an amendment at the next meeting.
This was agreed.
The CHAIRMAN then requested comment on the note to
paragraph 2.
Mr. J.G. CHERRY (South Africa) stated that the South
Africen Delegation had not insisted upon the inclusion
of a new paragraph 7 in view of this note.
M. ROUX (France) explained that multiple currency
rates arose sometimes without the country concerned being
responsible. In that case, it was not the purpose to
increase exports and it should not be considered in this
light.
Mr. Oscar RYDER (United States) suggested to use in
the note the words multiple currency practices" or
possibly "governmental practices" instead of "rates."
Mr. ROUX (France) preferred a draft "multiple
currency rates officially practised in certain circumstances
by a state."
Mr. Oscar RYDER (United States) wished to consider
this proposal until the next meeting.
The meeting rose at 12.5 5 p.m. |
GATT Library | gp755st8410 | Second session of the Preparatory Commission of the United Nations Conference on Trade and Employment : Draft Charter. Amendment proposed by the French Delegation. Article 38 | United Nations Economic and Social Council, June 5, 1947 | United Nations. Economic and Social Council | 05/06/1947 | official documents | E/PC/T/W/169 and E/PC/T/W/151-176 | https://exhibits.stanford.edu/gatt/catalog/gp755st8410 | gp755st8410_90050306.xml | GATT_152 | 248 | 1,790 | RESTRICTED
UNITED NATIONS NATIONS UNIES E,/PC/T/W/169
5 June 1947
ECONOMIC CONSEIL
AND ECONOMIQUE ORIGINAL: ENGLISH
SOCIAL COUNCIL ET SOCIAL FRENCH
SECOND SESSION OF THE PREPARATORY COMMISSION OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT.
DRAFT CHARTER
AMENDMENT PROPOSED BY THE FRNCH DELEGATION
Article 38
The French delegation had intended to submit an amendment
to Article 38, paragraph 4. However, as the Sub-Committee
examining Article 13 of the Draft Charter is at present
considering proposals which, if accepted, would alter the scope
of Article 14 and of Article 38, paragraph 4,the French
delegation prefers to await the results of these discussions
before making any definite proposals. In these circumstances,
the French delegation can only reserve the right to submit its
observations when Article 38 comes up for discussion.
SECONDE SESSION DE LA COMMISSION PREPRALTOIRE
DE LA CONFERENCE DU COMMERCE ET DE L'EMPLOI DE
L'ORGANISATION DES NATIONS UNIES
PROJET DE CHARTE
AMENDEMENT PRESENTE PAR LA DELEGATION FRANCAISE
Article 38
La Délégation française avait l'intention de dépcser un
amendement à l'article 38 § 4. Toutefois, comme le Sous-Comité
chargé de l'examen de l'article 13 du projet de charte examine
en ce moment des propositions qui, si elles étaient acceptées,
modifieraient la portée de l'article 14 et du paragraphe 4
de l'article 38, la DélTgation française attendra
le résultat de ces discussions avant de formuler des prcposi-
tions concrètes. Elle ne peut, dans ces conditions, que se
réserver le droit de prTsenter des observations lorsqu e
l'article 38 viendra en discussion. |
GATT Library | xs340pm5357 | Second session of the Preparatory Commission of the United Nations Conference on Trade and Employment : Draft Charter. Amendnemt proposed by the Delegation of Chile. Article 38 | United Nations Economic and Social Council, June 6, 1947 | United Nations. Economic and Social Council | 06/06/1947 | official documents | E/PC/T/W/173 and E/PC/T/W/151-176 | https://exhibits.stanford.edu/gatt/catalog/xs340pm5357 | xs340pm5357_90050310.xml | GATT_152 | 201 | 1,351 | UNITED NATIONS
ECONOMIC
AND
SOCIAL COUNCIL
NATIONS UNIES CONSEIL
ECONOMIQUE
ET SOCIAL
RESTRICTED
E/PC/T/W/173
6 June 1947
Original: SPANISH
SECOND SESSION OF THE PREPARATORY COMMISSION OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT
DRAFT CHARTER
AMENDNEMT PROPOSED BY THE DELEGATION OF CHILE
Article 38
In Article 38, paragraph 2 (b), after the words "The
formation of a customs union", add the following text:
"and its initial transitional stage, which begins with
the ontry into force of an agreement establishing the effective
commencement of a customs union and characterised by a total
elimination of customs duties on certain products originating
in the contracting countries."
DEUXIEME SESSION DE LA COMMISSION PREPARATOIRE
DE LA CONFERENCE DU COMMERCE ET DE L 'EMPLOI DE
L'ORGANISATION DES NATIONS UNIES
PROJET DE CHARTE
AMENDEMENT PRESENTE PAR LA DELEGTION DU CHILI
Article 38
A l'article 38, paragraph 2 (b), ajouter, après les
mots "A la formation d'une union douanière", le texte suivant:
"et à la période initiale de transition qu'elle comporte,
qui commence au moment où entre en vigueur un accord établissant
le début effectif d'une union douanière et qui se caractérise
par la suppression totale de droits de douane sur des produits
déterminés originaires des pays contractants." |
GATT Library | qz801kj8161 | Second session of the Preparatory Commission of the United Nations Conference on Trade and Employment : Draft Charter. Article 26 | United Nations Economic and Social Council, July 2, 1947 | United Nations. Economic and Social Council | 02/07/1947 | official documents | E/PC/T/W/231 and E/PC/T/W/220-235 | https://exhibits.stanford.edu/gatt/catalog/qz801kj8161 | qz801kj8161_90050379.xml | GATT_152 | 545 | 3,715 | UNITED NATIONS ECONOMIC NATIONS UNIES CONSEIL RESTRICTED
AND ECONOMIQUE E/PC/T/W/231 2 July 1947
SOCIAL COUNCIL ET SOCIAL ORIGINAL: ENGLISH
SECOND SESSION OF THE PREPARATORY COMMISSION OF TEH
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT.
DRAFT CHARTER
Article 26
The Australian Delegation submits the following proposal
for amendment of Article 26 (in addition to those submitted in
Document E/PC/T/W/215).
Addition of new sub-paragraph 3(f):
"(f) In the conduct of any consultations between a Member
and the Organisation in terms of sub-paragraphs (a),
(b) and (c) of this paragreph, strict precautions
shall be taken to ensure the utmost secrecy. In
particular, in relation to any such consultations:
(i) members of the Executive Board of the
Organisation shall not divulge information
relating to the discussions to any person
other than another number or the Executive
Board, a member of the staff of the Organisation,
or a designated representative of the Inter-
national Monetary Fund or of any other inter-
governmental organisation which has been brought
into the consultations;
(ii) satisfactory arrangements to ensure the secrecy
of the consultations shall be made by the
Organisation with the International Monetary
Fund or with any other inter-governmental
organisation which it is proposed to consult,
before any such consultation takes place; and
(iii) the fact or consultation, the matters discussed,
and any conclusions or recommendations arising
from the consultations shall not be disclosed
until the Member concerned consents to such
disclosure, or alternatively until any action
proposed to be taken by the Member has in tact
been teken; provided that a member shall not
unreasonably withhold consent to such disclosure
if the Organisation considers that disclosure is
desirable."
Note: It is assumed that the staff regulations
contemplated in Article 80(1) of the Charter would ensure that
members of the staff of the Organisation preserved strict
secrecy in relation to any confidential information coming into
their possession in the course of their duties.
P.T.O.
.
. E/PC/T/W/231 page 2
Comment:
Preservaton of Secrecy in Consultatons.
Paragraph 3 of Article 26 provides for consultation
between an individual Member and the Organisetion, the
Monetary Fund and perheps other inter-governmental orgeanisations,
in relation to the Member's prospective need to apply
quantitative restrictions on imports to safeguard its balence
of payments, and the possible alternative course of action
open to the Member.
If consultation of this kind is to be useful and effective,
the Member must feel able to discuss the possible courses of
action which he might take, and the considerations influencing
his likely decision between them. In many cases it would
clearly be impossible for him to do this if there were any risk
of confidential inform tion becoming public. The practical
results of the pramatur disclosure of a Member's intention to
apply quantitative restrictions, or to after its exchange rate,
could be sufficiently serious to make it impracticable for the
member to risk frank discussin, unless adequate secrecy were
assured.
Is these circumstances, it seems that the
Charter should stress the importance of pdequat secrecy, and
contain such provisions as are precticable to ansure it. It
is suggested, therefore, that consideration should given to
provisions along the above lines.
1st July, 1947.
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GATT Library | gd447cg5990 | Second session of the Preparatory Commission of the United Nations Conference on Trade and Employment : Draft Charter. Article 34. Proposals submitted by the Belgo-Luxembourg Delegation | United Nations Economic and Social Council, June 5, 1947 | United Nations. Economic and Social Council | 05/06/1947 | official documents | E/PC/T/W/167 and E/PC/T/W/151-176 | https://exhibits.stanford.edu/gatt/catalog/gd447cg5990 | gd447cg5990_90050304.xml | GATT_152 | 309 | 2,083 | UNITED NATIONS NATIONS UNIES RESTRICTED
ECONOMIC CONSEIL E/PC/T/W/167
AND ECONOMIQUE 5 Jun 1947
SOCIAL COUNCIL ET SOCIAL ENGLISH ORIGINAL: FRENCH
SECOND SESSION OF THE PREPARATORY COMMISSION OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT.
DRAFT CHARTER
Article 34
PROPOSALS SUBMITTED BY THE BELGO--LUXEMBOURG DELEGATION
Paragraph 1
Delete the words enclosed in brackets "or in the case of
a product......such preference".
Reasons.
Article 34 provides an escape clause the importance of
which should not be under-estimated. The words enclosed in
brackets greatly enlarge its scope to the sole advantage of
producers in a territory receiving the benefits of a
preferential system.
Paragraph 2
Add the following to paragraph 2:
(a) At the end of the first sentence insert the following:-
"Such written notice must specify which producers are
injured or likely to be injured and the territories in which
they are located".
(b) At the end of paragraph 2 add:
"and provided that notice in writing is given of the
producers injured or likely to be injured and the territories
in which they are located".
Reasons.
The written notice should make clear the reasons for the
adoption of such action so that Members have in their
possession ail the data necessary to form an opinion and
determine their policy.
Further, if the words enclosed in brackets in paragraph 1
are retaind, States effected must know which are the
territories on whose behalf emergency action is being taken so
that they may be able to take counter-measures equivalent to
the additional privileges granted by paragraph 1.
P. T. O. E/PC/T/W/167
page 2
Paragraph 3
Insert after the words "taking such action" the following:
"and of the States within whose territory the producers
injured or likely to be injured are located".
Reasons.
See above.
If the words enclosed in brackets in paragraph 1 were
deleted this addition would not be necessary. |
GATT Library | dj545rt4153 | Second session of the Preparatory Commission of the United Nations Conference on Trade and Employment : Draft Charter. Article 35. Amendment proposed by the French Delegation | United Nations Economic and Social Council, June 5, 1947 | United Nations. Economic and Social Council | 05/06/1947 | official documents | E/PC/T/W/168 and E/PC/T/W/151-176 | https://exhibits.stanford.edu/gatt/catalog/dj545rt4153 | dj545rt4153_90050305.xml | GATT_152 | 177 | 1,293 | UNITED NATIONS NATIONS UNIES RESTRICTED
E/PC/T/W/186
ECONOMIC CONSEIL 5 June 1947
AND ECONOMIQUE ENGLISH
SOCIAL COUNCIL ET SOCIAL ORIGINAL: FRENCH
SECOND SESSION OF THE PREPARATORY COMMISSION OF
THE UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT.
DRAFT CHARTER
Article 35
AMENDMENT PROPOSED BY THE FRENCH DELEGATION.
1. Replace the present heading by the following: "Procedure
for consultation".
2. Leave the first paragraph as it stands.
3. Delete the second paragraph, and replace it by a new
Article to be inserted in Chapter VIII.
The French Delegation will submit a draft of the new
Article in due course.
DEUXIEME SESSION DE LA COMMISSION PREPARATOIRE
DE LA CONFERENCE DU COMMERCE ET DE L'EMPLOI
DE L'ORGANISATION DES NATIONS UNIES
PROJET DE CHARTE
Article 35
Amendement présentT par la délégation française.
1. Remplacer le titre par le libellé suivant: "Procédure
de consultation".
2. Conserver le premier alinéa sans changement.
3. Supprimer le deuxième alinéa et le remplacer par un
nouvel article qui serait inséré au Chapitre VIII.
La délégation française présentera, en temps utile, un
projet de rédaction pour ce nouvel article. |
GATT Library | rb680xv8503 | Second session of the Preparatory Commission of the United Nations Conference on Trade and Employment : Draft Charter. Chapter VII. Article 53. Amendment proposed by the Brazilian Delegation | United Nations Economic and Social Council, June 11, 1947 | United Nations. Economic and Social Council | 11/06/1947 | official documents | E/PC/T/W/177.Rev.1 and E/PC/T/W/177-207 | https://exhibits.stanford.edu/gatt/catalog/rb680xv8503 | rb680xv8503_90050317.xml | GATT_152 | 339 | 2,328 | UNITED NATIONS NATIONS UNIES RESTRICTED
ECONOMIC CONSEIL E/PC/T/W/177.Rev.1
AND ECONOMIQUE 11 June 1947 ORIGINAL: ENGLISH
SOCIAL COUNCIL ET SOCIAL
SECOND SESSION OF THE PREPARATORY COMMISSION OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT.
DRAFT CHARTER
CHAP TER VII
Article 53
AMENDMENT PROPOSED BY THE BRAZILIAN DELEGATION
THIS DOCUMENT SHOULD TAKE THE PLACE OF THE PREVIOUS ONE ISSUED
ON 6 JUNE 1947, E/PC/T/W/177)
It is an accepted principle to-day in the economic policy
of nations that domestic production of commodities destined to
satisfy primary necessities should be stimulated. This
principle does not necessarily conflict with that of inter-
national division of labour where natural conditions favor the
production of the commodities in question for internal
consumption.
This is all the more true in the case of countries whose
domestic consumption of a certain product is increasing for
reasons of growth of population, increase of the purchasing
power or others. Such a developmental policy may be inspired
also by the needs of certain areas within territorially large
countries faced with the difficulties of internal transportation
or placed far away from the sources of supply.
In this way a country will actually be strengthening the
structure of its economy and giving it greater balance.
Furthermore if a country were able to count upon national
production to satisfy a certain degree of its consumption, it
would be guarding itself against problems of scarcity when
shortages of these products occur in the world.
Taking ail these considerations into account and having
made a reservation in New York by which Brazil showed her
concern with the possible effects of Chapter VII in so far as
its operation might interfere with production of primary
commodities for home consumption, the Brazilian Delegation
wishes to submit the following amendment to the said
Chapter VII, to be inserted in Article 53, as a new sub-paragraph:
such agreements shall not interfere with the
production of essential primary commodities
necessary to satisfy the increasing demand in
the home market of countries which have
favourable natural conditions to produce such
commodities. |
GATT Library | zz825hf8177 | Second session of the Preparatory Commission of the United Nations Conference on Trade and Employment : Draft Charter. Chapter VII. Article 59. Amendment proposed by the Brazilian Delegation | United Nations Economic and Social Council, June 6, 1947 | United Nations. Economic and Social Council | 06/06/1947 | official documents | E/PC/T/W/177 and E/PC/T/W/177-207 | https://exhibits.stanford.edu/gatt/catalog/zz825hf8177 | zz825hf8177_90050316.xml | GATT_152 | 314 | 2,188 | UNITED NATIONS ECONOMIC NATIONS UNIES CONSEIL RESTRICTED
AND ECONOMIQUE E/PC/T/W/177
6 June 1947
SOCIAL COUNCIL ET SOCIAL ORIGINAL: ENGLISH
SECOND SESSION OF THE PREPARATORY COMMISSION OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT.
DRAFT CHARTER
CHAPTER VII
Article 59
AMENDMENT PROPOSED BY THE BRAZILIAN DELEGATION
It is an accepted principle today in the economic policy
of nations that domestic production of commodities destined to
satisfy primary necessities should be stimulated. This
principle does not necessarily conflict with that of inter-
national division of labour where natural conditions favor the
production of the commodities in question for internal
consumption.
This is all the more true in the case of countries whose
domestic consumption of a certain product is increasing for
reasons of growth of population, increase of the purchasing
power or others. Such a developmental policy may be inspired
also by the needs of certain areas within territorially large
countries faced with the difficulties of internal transportation
or placed faraway from the sources of supply.
In this way a country will actually be strengthening the
structure of its economy and giving it greater balance.
Furthermore if a country should be able to count upon national
production to satisfy a certain degree of its consumption, it
should be guarding itself against problems of scarcity when
shortages of these products should occur in the world.
Taking all these considerations into account and having
made a reservation in New York by which Brazil showed her
concern with tne possible effects of Chapter VII in so far as
its operation might interfere with production of primary
commodities for home consumption, the Brazilian Delegation
wishes to submit the following amendment to the said
Chapter VII, to be inserted in Article 59 after sub-paragraph (a):
to essential primary commodities necessary
to satisfy the increasing demand in the
home market of countries which have favorable
natural conditions to produce such commodities; |
GATT Library | hj061zx9291 | Second Session of the Preparatory Commission of the United Nations Conference on Trade and Employment : Summary Record of the Thirty-Third Meeting of Commission B held on Tuesday, 19 August, 1947 at 2.30 p.m. in the Palais des Nations, Geneva | United Nations Economic and Social Council, August 22, 1947 | United Nations. Economic and Social Council | 22/08/1947 | official documents | E/PC/T/B/SR/33 and E/PC/T/B/SR/31-33 | https://exhibits.stanford.edu/gatt/catalog/hj061zx9291 | hj061zx9291_90250178.xml | GATT_152 | 1,175 | 7,774 | UNITED NATIONS NATIONS UNIES RESTRICTED
ECONOMIC CONSEIL E/PC/T/B/SR/33 22 August 1947
AND OUNCI ECONO)MIQUE Original: ENGLISH.
SOCIAL COUNCIL ET SOCIAL
SECOND SESSION OF THE PREPARATORY COMMISSION OF THE
tNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT.
SUhMARY RECORD OF TEHE THIRTY-THIRD METING
of COMMISSION B
held on Tues4ay, 19 Aug..ust, 19l7 at 2.30pm.
in the Palais des Nations, Geneva.
CHAIRMAN: Hon. L.D. WILGRESS (Canada)
The Commission resumed it, consideration of the Report
of the CommittIee on Chapters I, I and VIII.
Article 77
Paragraph 1.
Mr. AUGENTHALER (Czechoslovakia) introduced the amend-
ment of his delegation contained /W Doc.ment E/PC/TA'.304
Mr. ROYER (France) suggested that the paragraph should
read "Except as otherwise decided by the Conference, the
Commissions ......... " This amendment would require a
consequential alteration which would split the paragraph into
two sentences.
The amendment of the delegate of France was adopted
by eight votes to seven.
Paragraph 2.
Mr. AUGENTHALER (Czechoslovakia) proposed the deletion
of the phrase "which shall not exceed seven."
Mr. COLBAN (Norway), and Mr. ROYER (France), supported
this amendment whilst Mr. DEmHLIFFIER (Belgiui/Vuxembourg),
Mr. SHACKLE (United Kingdom), Dr. HOLLOWAY (South Africa) and
Mr. EDMINSTER (United States) opposed it.
'The amendment was rejected by six votes to four. E/PC/T/B/SR/33
page 2.
Article 78
Paragraph 1.
The Commission approved the amendments to paragraph 1
which had been suggested by the Tariff Negotiations Working
Party in Document E/PC/T/136. The proposal by the delegate
of the United Kingdom to delete the words "and arranging for"
was also adopted.
Paragraph 2.
The Commission approved the following text suggested
by the delegate of the United Kingdom:
"The Tariff Committee shall consist of those contracting
parties to the General Agreement on Tariffs and Trade which
are Members of the Organization" subject to an amendment by
the delegate of the United States to add the words "referred
to in paragraph 1(c) or Article 24" after the word "Trade".
Paragraphs 3 and 4.
The Commission approved a proposal by the delegate of
the United States to insert the words "provisions relating
to the voting power of each Member of the Committee" in
square brackets in paragraph 3 and the words "provisions re-
lating to majority votes required for decisions of the Committee"
in square brackets in paragraph 4. It was also agree, that
there should be a footnote to these paragraphs stating that
the content of them would depend upon decisions to be taken
at the World Conference regarding voting in the Organization.
Mr. PARANGUA (Brazil) entered a reservation to paragraph
3 which he alleged implied a discrimination of voting power
amongst the contracting parties to the Charter. E/PC/T/B/SR/33
page 3.
Article 79.
Paragraph 2.
Dr. HOLLOWAY(South Africa) proposed the delection of the
second-sentence of this paragraph.
This proposal was supported by the delegate of Norway and
opposed by the delegate of Australia. It was carried by eight
votes to two.
Paragraph 3.
Mr. COLBAN (Norway) suggested that the words "through the
Executive Board" be inserted after the word "present".
This proposal was rejected by eight votes to five.
Article 81.
Paragraph 1.
Mr. TANGE (Australia) referred to the amendment of the
delegation of Australia to delete the final sentence of this
paragraph.
This proposal was adopted.
Paragraph 2.
Mr. TORRES (Brazil) suggested that a further paragraph
should be added to Article 81 reading as follows: "Nevertheless
the provisions of paragraphs 1 and 2 cannot nullify the right of
final decision by the Organisation under the provisions of this
Charter".'
Mr. ROYER (France) supported this proposal and Mr. SHACKLE
(United Kingdom) opposed it.
The proposal was rejected by six votes to three.
The proposal of the Legal Drafting Committee regarding the
phrase "within its competence" both in this paragraph and paragraph
4 was adopted. E/PC/T/B/SR/33
page 4.
Article 36.
Dr. HOLLOWAY (South Africa) suggested that in view of the
vague wording of this Article, a footnote should be made in the
Charter drawing the attention of the World Conference to the
limited study which had been given to the subject of settlement
of differences and recommending that the Conference should give
this matter early and full examination. It was agreed that this
note should be inserted and should refer to the whole of
Chapter VIII.
Article 87.
Paragraph 1.
The Commission agreed that the change of the word "concerned"
to "interested" in the middle of this paragraph should be rejected.
The word "other" at the end of this paragraph was deleted.
Paragraph 2.
Mr. SHACKLE (United Kingdom) reserved the position of his
delegation on this paragraph.
Article 88.
Paragraph 1.
The proposal of the delegation of Australia to delete
the opening words "The Executive Board or" was rejected. It.
was agreed that the opening words of this paragraph should read
"The Conference or the Executive Board may ......
Paragraph 2.
The CHAIRMAN drew attention to Document E/PC/T/W.257
submitted by the Delegation of Belgium/Luxembourg and Document
E/PC/T/W.299 submitted by the Delegation of the United States. page 5
Dr. COOMBS (Australia) stated that he did not view the
proposal of the United States delegation as a true compromise
solution but as one which came very close to alternative B
in the Report of the Committee. The Delegation of Australia
favoured alternative A in the Report of the Committee as
it considered that the Organization should control the settle-
ment of disputes arising between Members from their obliga-
tions under the Charter so far as the economic content of
these disputes was concerned. The Delegation of Australia
considered that only purely legal aspects of any question
should be referred to the International Court of Justice.
The Delegation of Australia also doubted whether the
Organization would have any right to refer any question other
than legal questions to the Court. The Charter of the United
Nations and the Statute of the Court confirmed this point of
view.
Mr. DE GAIFFIER (Belgium/Luxembourg), Mr. SHACKLE (United
Kingdom), Mr. ROYER (France), Mr. DORAN (Cuba), Mr. SPEEKENBRINK
(Netherlands), and Mr. TORRES (Brazil) supported the compromise
solution proposed by the delegate of the United States. This
solution was adopted.
Dr. COOMBS (Australia) reserved the position of his
delegation.
Article 89
Dr. COOMBS (Australia) recalled that during the discussions
in various committees the question had been raised whether
a general rule embodied in the Charter was qualified by
exceptions which followed it. It had been suggested that in
the part of the Charter which dealt with interpretation,
there should be inserted a provision stating that such general
rules were to be taken as qualified by anything which followed
them. E/PC/T/B/SR/33
page 6
After some discussion which raised the question whether
such a provision was necessary in the Charter, it was agreed
that this matter should be left over for further considera-
tion at the World Conference.
Paragraph 3.
The delegates of BELGIUM-LUXEMBOURG and FRANCE withdrew
the reservations they had previously made to this paragraph.
Mr. SPEEKENBRINK (Netherlands) reserved the position
of his delegation regarding this paragraph.
Article 91
Sub-paragraph (b)
The suggestion of Commission A to insert the words
"directly or indirectly" after the words "is carried on" was
adopted. |
GATT Library | gb222vt0742 | Second session of the Preparatory Commission of the United Nations Conference on Trade and Employment : Tariff Agreement Committee. Summary Record of the 15th Meeting held on Wednesday, 10 September, 1947 at 2.30 p.m. in the Palais des Nations, Geneva | United Nations Economic and Social Council, September 10, 1947 | United Nations. Economic and Social Council | 10/09/1947 | official documents | E/PC/T/TAC/SR/15 and E/PC/T/TAC/SR/1-18 | https://exhibits.stanford.edu/gatt/catalog/gb222vt0742 | gb222vt0742_90060016.xml | GATT_152 | 806 | 5,401 | UNITED NATIONS NATIONS UNIES RESTRICTED
CONSEIL E/PC/T/TAC/SR/15
ECONOMIC
AND ECONOMIQUE 10 September 1947
SOCIAL COUNCIL ET SOCIAL Original: ENGLISH
SECOND SESSION OF THE PREPARATORY COMMISSION
OF THE UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT.
TARIFF AGREEMENT COMMITTEE
Summary Record of the 15th Meeting held
on Wednesday, 10 September, 1947 at 2.30
p.m. in the Palais des Nations, Geneva.
CHAIRMAN: Hon. L.D. WILGRESS (Canada).
Establishment of a Legal Drafting Committee
The Committee approved the proposal of the Tariff
Negotiations Working Party that a Legal Drafting Committee
be established to perform functions similar to those per-
formed by the corresponding committee during the Charter
discussions, with the qualification that the major respon-
sibility for securing conformity between the French and
English texts should be assumed by the Representatives on
the Legal Drafting Committee of the French speaking Dele-
gations. The CHAIRMAN drew the attention of the Legal
Drafting Committee to the fact that articles which are
common to the Charter and to the General Agreement should
not deviate in respect of their texts except to the extent
necessary to adapt the text of an article in the Charter to the
General Agreement. In accordance with the recommendation
of the Working Party, the Committee approved the following
nominations to the Legal Drafting Committee:
Dr. Dorn (Cuba) - Chairman
Mr. Catudal (United States)
Baron de Gaffier (Belgium)
M. Royer (France)
Mr. Whittome (United Kingdom)
Article XXVII - Amendments
Mr. DAO (China) raised certain questions concerning the
amendment of the schedules and also proposed that amendments RESTRICTED
E/PC/T/TAC/SR/15
Page 2
to those Articles in Part I of the Agreement similar to
Articles in the Charter should become effective upon
acceptance by two-thirds of the contracting parties.
After some discussion the CHAIRMAN ascertained that the
Committee was not willing to adopt the proposals of the
Delegate of China but was prepared to accept an amendment
by the United States Representative whereby the following
words would be added at the end of Paragraph 2: "and
thereafter for each other contracting party upon acceptance
by it."
The Committee adopted a further amendment to this
paragraph proposed by Mr. SHACKLE (United Kingdom) to add at
the beginning of the paragraph the words "except as other-
wise provided for in this Agreement" and to add the word
"and" between the first and second sentences of the paragraph.
Mr. DAO indicated that the amendments proposed by the United
States and United Kingdom Representatives were acceptable
to him.
In view of the action taken the previous day whereby
Paragraph 1 became a separate article, the Committee adopted
the suggestion of the United Kingdom Delegation that, in
Paragraph 2, the words "or of Article XXVII", should be added
after "of this Article".
The text of Paragraph 2, as amended, was approved and,
as a consequence, Paragraph 4 was deleted.
The Committee considered proposals by Mr. ADARKAR (India)
for deleting the second sentence of Paragraph 3 or of ampli-
fying the provisions of that paragraph to conform with
Paragraph 2 of Article 95. After discussion the Committee
adopted, subject to possible drafting improvement by the Legal RESTRICTED
E/PC/T/TAC/SR/15
Page 3
Drafting Committee, the following text for the second sen-
tence of Paragraph 3:
"The Committee may decide that any amendment made
effective under this Article is of such a nature
that any contracting party which has not accepted
within a period specified by the Committee shall
be free to withdraw from this Agreement or to remain
a contracting party only with the consent of the
Committee."
Article XXVIII - Withdrawal
At the suggestion of the CHAIRMAN the date of November
1 was changed to January 1, 1951 to conform with Article
XXVI.
The Committee agreed to a suggestion by Mr. SHACKLE
that the word "one" should be changed to "any" and the
words "not less than" preceding "six months" should be
deleted.
The Committee agreed that the question of the possible
need for cross-references to Articles XXI, XXVII, etc. should
be examined by the Legal Drafting Committee, having in mind
particularly the corresponding provisions in Paragraph I of
Article 97 in the Draft Charter.
Dr. AUGENTHALER (Czechoslovakia) withdrew the amendment
previously proposed by his Delegation concerning withdrawal,
in view of the subsequent clarification of the matter of
provisional application.
Article XXIX -Status of Prior International Obligations
Dr. AUGENTHALER withdrew the alternative text previously
proposed by his Delegation and suggested instead that the
whole of Article XXIX should be deleted. After considerable
discussion the Committee agreed to the complete deletion of
the Article on the understanding that definitive acceptance
of the General Agreement would require a contracting party RESTRICTED
E/PC/T/TAC/SR/15
Page 4
not to allow any prior obligations to stand in the way of
carrying out the provisions of the Agreement even though it
might be necessary as a consequence to terminate an existing
agreement.
The meeting rose at 6.15 p.m. |
GATT Library | bk300bj5489 | Second session of the Preparatory Commission of the United Nations Conference on Trade and Employment : Tariff Agreement Committee. Summary Record of the 15th Meeting held on Wednesday, 10 September, 1947 at 2.30 p.m. in the Palais des Nations, Geneva | United Nations Economic and Social Council, September 10, 1947 | United Nations. Economic and Social Council | 10/09/1947 | official documents | E/PC/T/TAC/SR/15 and E/PC/T/TAC/SR/1-18 | https://exhibits.stanford.edu/gatt/catalog/bk300bj5489 | bk300bj5489_90060016.xml | GATT_152 | 0 | 0 | |
GATT Library | vd243ww7423 | Second session of the Preparatory Commission of the United Nations Conference on Trade and Employment : Tariff Agreement Committee. Summary Record of the 16th Meeting held on Thursday, 11 September, 1947, at 2.30 p.m. in the Palais des Nations, Geneva | United Nations Economic and Social Council, September 11, 1947 | United Nations. Economic and Social Council | 11/09/1947 | official documents | E/PC/T/TAC/SR/16 and E/PC/T/TAC/SR/1-18 | https://exhibits.stanford.edu/gatt/catalog/vd243ww7423 | vd243ww7423_90060017.xml | GATT_152 | 1,228 | 7,927 | RESTRICTED
ECONOMIC CONSEIL E/PC/T/TAC/SR/16
AND ECONOMIQUE 11 September 1947
SOCIAL COUNCIL ET SOCIAL ORIGINAL: ENGLISH
SECOND SESSION OF THE PREPARATORY COMMISSION OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT
TARIFF AGREEMENT COMMITTEE
Summary Record of the 16th Meeting held on
Thursday, 11 September, 1947, at 2.30 p.m.
in the Palais des Nations, Geneva
CHAIRMAN: Hon. L.D. WILGRESS (Canada)
Article XXX - Status of Contracting Parties
The discussion proceeded on the basis of the text
suggested by the United States Delegation in E/PC/T/W/316.
The Committee adopted a redraft proposed by M. ROYER
(France) whereby the first paragraph would read as follows:
"The contracting parties to this Agreement shall be
understood to mean those Governments which have
accepted this Agreement pursuant to Article XXIV or
which are applying the provisions of this Agreement
pursuant to the protocol of provisional application
accompanying this Agreement."
The Committee adopted the text of Paragraph 2 as
proposed in E/PC/T/W/316.
Article XXXI - Adherence
The Committee agreed to substitute the word "accession"
for "adherence" in the title and "accede" for "adhere" in
the text, subject to consideration by the Legal Drafting
Committee of the need for any corresponding change in the
French text.
M. ROYER remarked that the Subcommittee considering
the question of the admittance of Burma, Ceylon and Southern
Rhodesia may recommend a modification of Article XXXI.
Accordingly the final adoption of the Article was deferred
until that Subcommittee could report.
UNITED NATIONS
NATIONS UNIES E/PC/T/TAC/SR/16
Page 2
[Article XXXI A - Registration of the Agreement ]
Mr. DAO (China) suggested that this provision which had
originated with his Delegation might be added at the end of
Article XXIV and that the title of Article XXIV be changed to
"Signature, Entry into Force and Registration".
Dr. GUTIERREZ (Cuba) questioned the need for such a
provision in the light of Article 102 of the United Nations
Charter. Mr. SHACKLE (United Kingdom) expressed the view that
in the absence of such a provision in the Agreement each Member
of United Nations might be required to register the Agreement
separately. M. ROYER suggested that the word "authorized" might
be changed to "requested".
In the light of advice received from the Legal Department of
United Nations during the course of the meeting the Committee
agreed to adopt the following language, corresponding to Paragraph
3 of Article 98 in the Draft Charter: "The United Nations is
authorized to effect registration of this Agreement as soon as it
comes into force". It was agreed that this paragraph be added
to Article XXIV and that the title of that Article be changed to
read "Signature, Entry into Force and Registration".
Closing Section of the Agreement, beginning "In Witness Whereof..."
The Committee agreed to delete the words "and have affixed
their seals hereto" and to revise the words "done in a single
copy" to read "done in duplicate in the English and French
languages".
Report of Ad Hoc Subcommittee on Paragraph 3 of Article I
Mr. McCARTHY (Australia) pointed out that one or two members
of the Subcommittee felt that Sub-paragraph (a) might be improved.
He suggested that any redrafting of the sub-paragraph to improve
its style might be left to the Legal Drafting Committee. E/PC/T/TAC/SR/16
Page 3.
Mr. RODRIGUES (Brazil) raised a question as to whether the
margin of preference should be regarded as the percentage
difference or as the absolute difference between the most-
favored-nation rate and the preferential rate. Mr. BROWN
(United States) observed that the present negotiations had
commenced on the basis of using the absolute margin and he felt
that any change in this principle now would require a substantial
modification of the negotiations. The CHAIRMAN expressed the
view that the question was more directly related to the rules
governing negotiations than to the results of negotiations and
might more properly have been discussed in connection with
Article 17 of the Charter. Mr. OLDINI (Chile) felt that the
provisions of Paragraph 2 of Article 17 of the Draft Charter
should be incorporated in the General Agreement.
M. FORTHOMME, (Belgium) remarked that mathematically the
percentage principle could not be applied in the case in which the
preferential rate was zero. He considered that for practical
purposes it had been assumed for the present negotiations that the
difference to be considered should be the absolute difference
since that was the difference of interest to traders in determin-
ing their competitive position. He felt that the Committee should
go on record as recognizing that no margin of preference should be
increased.
Mr. MOUBARAK (Lebanon) remarked that the preferences
applicable to Lebanon and Syria were calculated in percentages.
Mr. McCARTHY felt that if a percentage basis were to be
adopted provision would have to be made for other factors affect-
ing the measure of the concessions, such as alterations in currency
value affecting the incidence of specific rates. He considered E/PC/T/TAC/SR/16
Page 4.
that great difficulty would be experienced in establishing rules
for assessing margins other than on an absolute basis.
The CHAIRMAN remarked that Canada has preferences which are
expressed in forms of percentages and others expressed in terms
of the absolute difference. He observed that if only the
percentage margin were to be taken into account an anomolous
result might be secured: as, for instance, in the case in which a
50% preferential difference had been accorded and the most-
favored-nation rate were to be increased from $1.00 to $2.00. In
that case the reliance merely on the percentage differential
would require that the preferential rate be increased only from
50¢ $1.00, thus increasing the absolute difference from 50¢ to
$1.00. He felt that in this hypothetical instance the provisions
of Article 17 of the Draft Charter should require that the margin
of preference be maintained at 50¢, as would be the case if the
absolute rather than percentage margin were to be used as the
basis.
Dr. GUTIERREZ stated that in the view of his Delegation the
general preferential clause of the treaty on commerce between
Cuba and the United States, which grants preference of 20%, is
not affected by the present provision but is included in it.
The Committee adopted the text of Paragraph 3 of Article I.
Report of the Ad Hoc Subcommittee on Paragraphs of Article II
(E/PC/T/191)
Mr. MELANDER (Norway), as Chairman of the Subcommittee,
introduced the report. Mr. OLDINI doubted that the new text
covered the full scope of Article 31 in the Draft Charter, and
Mr. MELANDER suggested that this purpose could be achieved by
either including the text of Article 31 in Part II or possibly by
adding at the end of the present draft the words "or the E/PC/T/TAC/SR/16
page 5.
accompanying Protocol".
After some discussion the Committee adopted Paragraph 3 of
Article II as recommended by the Subcommittee and approved of the
inclusion of the accompanying interpretive note to the effect
that:
"This paragraph was agreed in the belief that, except where
otherwise specifically agreed between the parties to a
particular negotiation, in the application of the provisions
of the paragraph, these provisions would be interpreted by
reference to the provisions of Article 31 of the Draft
Charter referred to in the Protocol."
It was noted that the drafting of the interpretive note might be
improved, and that the Legal Drafting Committee might consider
such improvements.
The meeting rose at 6.10 p.m. E/PC/T/TAC/SR/17
N'existe pas.
Does not exist. |
GATT Library | pq883sb3176 | Second Session of the Preparatory Committe of the International Conference on Trade and Employment | United Nations Economic and Social Council, May 1, 1947 | United Nations. Economic and Social Council | 01/05/1947 | official documents | E/PC/T/62 and E/PC/T/44-66 | https://exhibits.stanford.edu/gatt/catalog/pq883sb3176 | pq883sb3176_92290070.xml | GATT_152 | 1,158 | 6,881 | UNITED NATIONS
ECONOMIC
AND
SOCIAL COUNCIL
CONSEIL
ECONOMIQUE
ET SOCIAL
SECOND SESSION OF THE PREPARATORY COMMITTE OF THE INTERNATIONAL CONFERENCE ON
TRADE AND EMPLOYMENT
Summary of Data Relating to Preparations for Tariff Negotiations in respect of Territories for which Member
Responsibility in these Negotiations (According to a preliminary compilation made by the Secretariat on the
reported in E/PC/T/TRF/1 and of the information submitted in reply to the circular to Delegations of April 12).
B
Belgian Areas
Belgian Congo
British Areas
Newfoundland
"
Canada
union of South Africa
United States of America
(c)
Brazil
Chile
China
Date on which request
of A will have been
submitted or will be
ready for submission
to B
(a
(a
(a
(a
Date on which request
of B will have been
submitted or will be
ready for submission
to ..
Date on which
of A. will be
for possible
submission to B
(b)
"
Submitted
19/2
(d)
(f)
(f,
17/ ,
Czechoslovakiaia
ancen. ria
SouRhedesia hor.àzsi
..
Erazil
Chilc
C uba-
lovakia ai..
-raice
on-Syriar
United Sat.es of/m;erica
BelgNechi -Lux
Erazil
Chile
China.
f )
f)
f )
£ 24 '
fj)
fr)
fj)
fr)
(f)
fr)
(f)
(f )
2 24 ,
Sumrtecd
86 )
8/4
( f)
5/5
(
22/4
(e)
5/5
Submitted
5/5
(e)
RESTRICTED
E/PC/T/62
1 May 1947
Original: ENGLISH
ON
Countries have an International
basis of the information previously
12).
offer Date on which offer
ready of B will be ready
for possible
B submission to A
Base date
for column
18/3/47
"
"
"
Now
10/4/47
"
"
"
New
"
1/5/41
"
"
"
"
"
"
"
"
1 0/4/47
"
Burna
- - __ __
.
..
I. !
t1
Americad >- e>c i._^ic
i .,.%,
(E)
I;
1 B
British Areas (cont'd)
Burma -.------
Ceylon
'I c
*utch Ircas
Curacao
ietherlands East
lcnies
c
,~~~~
Dwba
-zechoslovakia
Prance
l-banon-Syria -.
United States of -rerica
'razil
'hi e
C.na
'- choslcvika
Teanon-.Eri a
nited oftaies of rica
Date on which request Date on'hich request Date on which offer
aB will have ofA vill'oaef ~ll oTB-di2 or A wi-11 be rea y
submitted or wi oe- mittéd-or will be for possible
ready for sobmission ready f r submission submission to B.
o B A. . to1. . _..
17/4 <g)
17/4
17/4
. .17/4 .-
28/4
17/4
(h)
(f3
(h)
(h)
(f)
,
15/3
Sibmitted
5/5
*7`.`'itt
_~-1 -.-t.1
:razil
. - n
b-..
'_ ceosl voi-
r&nc'.
.ebJncn-5;Iriz
. crv;y
nit.- ' ates ! .:ric2
(a)
.i
Il
.rance
united States of ;z .iCE
z^stra1ia
hinna
rance
0.ii LO cOu'..'] f-
nitd Kinridcm.
n.i t .-l Ft - t s- - ri4-c. .
5/5
(e)
1/5
(e)
.1
.,
.1
12/ r.
(e)
22/4
2(C5
(e)
Date on uhich offer
of B will be reauy
for possible
submission to A.
7/5
lou;
7/5
2/4
Uow.v
3(/
(b)
.,
25/4
15/5
26/2
3c74
23/4
15/5
.uhtmi t E .'
.ubmi tei
tub itte-
3 u Ù r J t :, --
21/5
no0."
14/6
21/5
1ow
r
Base date
f or Column
A.
10/4/47
il
et
.
Il...
it
,.
18/3/47
2 j
I
Il
1.
el
? 1
I .
i . B
Canada
France
United States of America
French Areas
French Oceania
French Somaliland
French West Africa
"
Gaboon
Guadeloupe
"
Guiana
Madagasearcar
tinique ni e
alodonia. uo a
Lun:on
erre %& Niquelon eog
Tunisia
A. -.
S. A.. .
adaanap
U.K.
A.S.-.
.A.S -
Date on which request
Af . wila hwve bFen
submitted will ul1 be
ready for subsion 0r
to B
(a)
La)
(L)
(a)
l )
ta)
, )
Il)
in)
(a)
(a)
))
ak)
a )
ak)
(a)
a )
(a)
S.-.
U. S. -
So-tA ca i me
UA S. ..
Canada
A S.-..
A. .
LA S...
.-nada
UAS..
tDte wn vhichquemiest Date whichlhi offer
ofwB nill have bren Arwill 1e b adynît
mubrettcd wr'.ill be for posleb1
ready for smbhission submissiot o B
toAa
(b)
(b)
(b)
23/4
15/5
28/2
15/3
15/3
/1 -
5 s
15/3
3 /3
4/1
15/3
,-24.
15 / 3
1/4
15 /3
24/4
15/3
15/3
15/3
/
13 ,_
24 /4
24/4
254i
24/4
25/4
75 ,
4' / 4
244
25/4
25/ A4
25/4
24/4
24/4
25/4
25/4
24/4
Daete n which offer
of B will be ready
for possible
submission to
21/5
21/5
(a) A requet on behalf of a territory where not i ;ç_iE`separately is presumed to have been made or to have been included in the request of
the member government responsible for the Area. It i s recognised that requests of this latter sort may have. been made or may be planned on behalf
of some areas and against other areas additional to those specifically listed in the present table.
(b) During the negotiations.
(c) Members of the British Preferental system do not appear in the list of countries under the "B" heading in respect of negotiations with other
British areas. In this respect, the U. K Delegation has stated. "lt is doubtful wherther the concept of submitting requests and tabling offers applies
generally in respect of (these) countries.........in view of the fact that they are members of a preferential system. rcntialsiVt"i-ap. DiscuscIons eropriate to thc
the seLfation have already begun and can continue as ecejssary." It wclCnirv."_te, however, nhat asho':cJe-r, tt LS stated Ain El/PC/TRF/1, .ustr.ia
quests on has subr.; ttei ucstsa on 1eylon ab Malaya; and;.!_t .A .-ca SouKenya, Uganda and Tanganyika. rr and ayik_.
(d) Fequastsate Explicielyeetd to havc b-:n inceqdes in thee member ofesponsible.r rsre-:nib1c.
(e) 4ithyn about 1el da:s aftqrercepa oorf rg ecucnas re member of items concerned. ih -.s eoared
(f) lia eeeuestsoet pr-scet. czntemplatud.
<ayus ahe 21ece;ps _ft.rquescirtacf rdingatts .e nariie to d u mber - an. ems concerned.u crnocrr.-od.
(h) Rany sts, if _r.,, oestaga counwrich -thnst ote tppeare, were included with the requests made by the U.K. Some further .e Serrs frt rcqucst5 may
le rnrf-da; wf so, tby a Yill beAtl'ybout 28 -pril.
(e) Bahz.s, BEnnu Malayprus, ,a1Gamb at Hong Kong, Jamaica, Kenya, n ganda, Tanganyika, Malta, Nigeria, N -, erb1rL.,e!ra.rn asodc-i., Nyusalnd,
e:latiec,e aarrZ L-ona znd Zanzibsr.
aOTES;- 1 .arre lasfed fr:e lise "Aundea tng 1a"eh.eendir-mh"ved . subritt- c. Fer Frrac": res s. çCnera1l s'tt.t-mnt ir :/PZ/T/:_C/PVZ/2.
2. In r.gard to the n-.trabl r of tl;. n -otitirj' E-uas n nfornAotion b:.-anJ th :t -Ic-:t: in E/?C/T/5S, a-,.rt from t tt 5.tnccnt by thz U.K.
IXLkr .tion tn at, ir'. addition to ;::^ thrco revot i^*i roU pe far th - U.X. .s z-izh, "s cr c :!' nr c ts vci 4 1h :'ade in resact of th. overEaS
terrIt DrisE f'o- wxhic th l .X. hi - t- It rn Itien-
L/ PC/ T/ 62
p1ge 3
Base date
for colurnn
18/3/47
n
n
1/39
n !
n
n
t,
n
ri
n
it
te
n
et
Il
,.
.1/1
l |
GATT Library | vp985hz5235 | Second Session of the Preparatory Committee of the United Nations Conference of Trade and Employment : Non-Negotiated Notes in Schedules | United Nations Economic and Social Council, October 7, 1947 | United Nations. Economic and Social Council | 07/10/1947 | official documents | E/PC/T/231 and E/PC/T/228-267 | https://exhibits.stanford.edu/gatt/catalog/vp985hz5235 | vp985hz5235_92290296.xml | GATT_152 | 133 | 962 | UNITED NATIONS NATIONS UNIES RESTRICTED
ECONOMIC CONSEIL 7 October 1947
AND ECONOMIQUE Original: ENGLISH
SOCIAL COUNCIL ET SOCIAL
SECOND SESSIGN OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFER ?NCE OF TRADE AND EMPLOYMENT
Non-Nej.tiated Notes in Schedules
In accordance with the procedure laid down in Document
E/PC/T/220, the Canadian Delegation has circulated to
delegations copies of the following non-negotiated
which appears at the end of Parts I and Il of the Canadian.
Consolidation:
"Provided, that no tariff item, description. of
products or rate of duty in Schedule V shall apply
or be deemed to apply to goods the importation of
which into Canada was, prior to the coning into
force of this Agreement, prohibited under the
provisions of Section 13 (and listed in Schedule
"C" ) of the Customs Tariff of Canada." |
GATT Library | hg952jm1176 | Second Session of the Preparatory Committee of the United Nations Conference of Trade and Employment : Verbatim Report. Fourteenth Meeting of Commission "A" (1) (Articles 25 27, 26, 28 29). Held on Friday, 15 August 1947 at 10.30 a.m. in the Palaia des Nations, Geneva | United Nations Economic and Social Council, August 15, 1947 | United Nations. Economic and Social Council | 15/08/1947 | official documents | E/PC/T/A/PV/40 (1) and E/PC/T/A/PV.39-41 | https://exhibits.stanford.edu/gatt/catalog/hg952jm1176 | hg952jm1176_90240203.xml | GATT_152 | 9,305 | 58,042 | UNITED NATIONSTIONS UNIES ATIONS
ECONOMIC
AND
SOCIAL COUNCIL
CONSEIL
ECONOMIQUE
ET SOCIAL
RESTRICTED
E/PC/T/A/?V/40 (1)
15 August 1947
SECOND SESSION OF THE PREPMMATORY COiNITTEE OF THE
UMITED NATIONS CONFERENCE OF TMADE AND EIPLOYMENT.
VEOBATIM PEP0RT
EETING OF COMMISSION "CO;171)1S "A" (
(Articles 25 & 27, 26, 28 & 29)
HELD ON FRIDAY, 15 AUGUST 1947 AT 10.30 A.M.
IN TI
PALAIA DES NhTIONS, GENEVA.
M. MEx SUETMNS (Chairman)g (Bel ium)
* For report of proceedings of Commission "A" (2) (Technical
Articles) mee Sumiary RecPord,Aa E/C/T/SR/40(2).
Delegates wishing to make corrections in their speeches should
address their communicatiohs to tbe Dccuments Clearance Office,
Room 220 (Tel.2247).
Delegates are reminded that the texts of interpretatiocs, whioh do
not pretend to be authentic translatio s, are. reproduced for
general guidance onlyg noa ile-d:. to the texts of interpretation
cannot, therefore, be accepted.
NATIONS UNlES -2- E/PC/T/A/PV/40 (1)
CHAIRMAN (Interpretation): The Meeting is called to
order.
We. meet today in order to examine Articles 25 and 27, and,
at a later stage, Articles 26, 28 and 29. As to Articles
25 and 27, these Articles were examined by the sub-Committee under
the Chairmanship of Mr. Melander. The report of this sub-
Committee is contained in Document E/PC/T/141. The Legal
Drafting Coimmittee has also examined this text, and made a
report in Document E/PC/T/164 dated 16 August. I will now
ask the Chairman of the sub-Committee, Mr. Melander to introduce:
he text of the Legal Drafting Committee as a Working Paper.
Lr. J.MiEANSDER (Norwvay): Mr. Chairman, on behalf fi the
sub-Committee, I have the honour to introduce th -report of uar
Committee. Ido nott hink it calls for any general. comments
at thissLtgeL,euxeuptperrhas) that Ishall to mention as
. lwiocl observe from paragraph 1 of General Notss ie the r...Ppe
E/t-CT/l.141that som6 e- fhe ?oamemdnte shidhcwere made to the
New York text were tranEfsreed to the .sbno .mmicee dealing wi
Chapter IV: those wers emendments connected with the economic
development o-fthe particular countries.
L4Apt frOMomhe1esamendments, the sub-Co,<mmittee considered a
the piLcneiple proposals0 ftLehrOreport of the sub-Commit
U-anLunanimous ecept. fortair rvniv eservations on special
I thick tiftnxt he text of the Drafting Committee oueht togbe
acceptable as a IorkirW Papenghere 6or disfussion in t-e Comhission.
t .'''L-.C
RMAN RInternationalti o): I thank Mr . Melanfer 'ir h s
words.e wi -.now ro) stwrt 'Ath -rticle 25 and take the text of the
Legrafting Committee as a basis. A _rticle 25 - General Elimination
of Quantitative Restrictionsp gaparath 1. D as .;nyoie lIke to
-2-
P- E/PC/T/T/A./PV/40 (1)
speak on this paragraph?
Mr. H. HAWKINS (United States): Mr. Chairman, I suggest
that the word "import" before the word 'licences" in the fourth
line probably should be deleted sincethe paragraph relates to
restrictions both on imports and exports.
CHAIRMAN (Inter retation): Are there any observations
or remarks on the modification suggested by Mr.HAWKINS?
Mr. J. MELANDER (Norway): Mr. Chairman, I do not think
there is any objection in substance; the only point I can
see is that the first part of the sentence apparently refers to
Importation, which is probably the reason why we had import
licenses, while the latter part of the sentence refers to
exportation. I have no objection to taking out the word
"import", however. But I think that is the explanation.
.3 -
P. ER -4-, E/PC/T/A/PV/4O1(.)
rL I.C,. WEBB (New Zealand): Mr. Chairman, I vevc no
particular objection to the deletion of the word "import", but
think, as "licenses" is a very vague word, it might perhaps
meet Mr. Hawkins's point it you put in "import or export liceesc".T
CHRMALAN (Interpretation): oD you all agree?
We therefore shall say: "imporo ar export license". A jre
there any other remarks?
Paragraph 2, subap.ragraph (a).
Mr. E.cMoCAHTIYA(australia): It will be notedst uhat we
eave sent a circular proposing the deletion of thw vor"d critical"
the :
if.aWraph 2(a). de have done thatnsn/instructiori of my
'VC --.t, and it has not been raised sooner because we were not
members of tee sub-Cthmitto , and .xt oppurtunitys'. :1, u r tuv
re have had of zaising this point since theng ofinal meetilnv
thc-comiss ion.
The reason why we suggest that this word b removed is -that it
is feared that export prohibitions on whrcno sheep i*idh are imposed,
might be prevented by the strict qualifi-
.aol of the word "shortages". We feel that whilst we have suffered
vtry heavy shortages, it would be difficult with our sheep popula-
i-io: to descri"criticals c ticall. "1 In the drought which
cocured a little over a year ago we lost 20 million of sheep in
a period of a few months, and it caused something of a crisis at
-he time, buc t he effeotsof a drought r off until veryil vcry
xy years have passed.o N-twithstanding, it would be difficult
-o aay that it is critical: the critical element passes rather
&apdly, but the effects remain for some years.I Tt
;c1lised that,even with our large flocks to get back anything like
a loss on 20 million sheep takes time. I have theeefor to ask
the Oommission that we move for the wcrd "¢ri"italT -o be rdmove E/PC/T/A/PV/40 (1)
and to explain that it is designed to meet our present position on
the prohibition of merino sheep, a position which might be expected
to reour periodically. We could contemplate removing this pro-
hibition perhaps in a year or so, but our problem is that if we have
another drought in perhaps, 4, 5 or 6 years time , we would not be
able to reimpose this prohibition, or if we did reimpose it, we would
only be able to keep it on during the very critical period ofthe
result of the drought.
M. de SMEDT (Belgium) (Interpretation): Mr. Chairman, I
appreciate the arguments put forward by the representative of
Australia, and I also understand his desire to keep these merino
sheep in sufficient numbers, but I do not see why the elimination
of the word "critical" helps their aim. I understand that this is
already covered by the present text as it is now, and if in the
present text it would not be sufficient, the Charter provides
another restriction for exhausted natural resources. I would not
like to weaken the present text still more, and I am convinced
that this Article,and the other Article in the Charter that I just
mentioned, cover the point and should give satisfaction to the
representative of Alstralia. - - -
ER
- 5 - J.
CHAIRMAN (Interpreted): I will ask the australian Delegate
one thing. I understand that, in the French text "critique" is
not exactly equivalent to the English "critical", and in the
French text I am convinced that we should maintain the word "ccritique"
because there is no other word that could cover the situation.
The case is, I believe, covered by the present text in French, and
I wonder if we could not keep it.
Monsieur Kojeve.
M. KOJEVE (France) (Interpretation): Mr. Chairman, I would
agree if this text really concerned a critical situation, but it
concerns the prevention of critical shortages and it is very often
difficult to foresee if there will be a critical shortage or a
critical situation.
I do not insist on other words, but I am not opposed to
accepting another text if this can give satisfaction.
MR. R.J. SHACKLE (United Kindom): Mr.Chairman, I really
do feel that the amendment that the Australian Delegate suggestee
is a manifestation of hyperconscientiousness. It does seem to
me that the situation which Mr. McCarthy described, can properly be
called. "critical" in English, as well as "critique" in French, and
I should be very sorry to see this text weakened. It does seem
to me that if you take out the word "critical", almost any
product which is essential will be alleged to have a degree of
shortage and could be brought within the scope of this paragraph.
I feel that, in a text like this, it is unnecessary and
undesirable to delete the word "critical".
CHAIRMAN (Interpretation): In view of these facts, I
wonder if the Australian representative insists on his amendment?
E/PC/T/A/PV/40 (1) - 7 -
I believe that he has the assurance that, both in French and in
English, "oritique" and. "ariticil" cover the sitution he
mentioned exactly. Morcover, the minutes of this Meeting will
always be at his disposal to indicate the feeling of this
Committee.
MR. E. McCAKTHY (Australia): My instructions are rather
procise on this subject, Mr. Chairman,and I shoul like to hear
the views of just a fow more Members before, reporting, back,
CHAIRMAN: Mr.Deutsch.
MR. J.J. DEUTSCH (Canada):Mr Chairman, I just want to say
that I agree both with what you have said with with what the
Delegate of the United Kingdom has said, that is that the existing,
words - especially If you consider the words "prevent eriticle
shortaces " - would cover the case that Mr. McCarthy mentioned.
MR. L.C.WESS (New Zealand): Mr. Chairman, we are interested
in the same problem Which has cused the Australian Delegation to
raise this question. I understood from you, Mr. Chairman, that
the word "critical" in the English text is slightly more severe in
its connotation than the word "critique." in the French text, and
I wonder whether, in the; circumstances, it might hot solve the.
proplem to replace the word. "critical" in the English text by the
word "serious", a word which has been used elsewhere in similar
circumstances in the Charter, I think, and to regard "serious" as
baing translated by "critique".
CHAIRMAN: The Delegate for the United States.
-7 - E/PC/T/A/PV/40 (1) - (1)
J Mr. H. HAWKINS (United States): Mr. Chairman, I simply want
to say that I agree with the views expressed by the other Delegates.
I think that the measures contemplated by the Australian Delegate
would. be covered by this text is it stands for the reasons given by
the Canadian Delegate that is, the reference to the word "prevent".
CHAIRMAN ( Interpretation): Could. I give some assiramce to
the Australian representative if the Commission would unanimously
doclare that it ecognises that the case is covered by the text
as it is and then we will not change the text at all. would the
Australiam represemtatove accept this solution? E/PC/T/A/PV/40 (1)
Mr. E. McCARTHY (Australia): Mr. Chairman, I think I can
say that I have the ideas of the Commission. I feel that if
something on the lines that you suggest were put into the
minutes it would assist; but first I would like to know that
the suggestion made by Mr. Webb is also not favoured by the
Commission.
CHAIRMAN (Interpretation): I would ask you not to insist
on this point. If we start to discuss the relative values of
the words "critical" and "serious" we will be discussing the
matter for an hour or more. I believe that you can be sure
that the case you have indicated is entirely covered by the
text as it stands, and I suggest that you accept that the text
should be maintained as it is.
Mr. E. McCARTHY (Australia): Could I ask one question,
Mr.Chairman? The only reasons against the deletion of this
word have been that as it stands it meets the position. Does
the Commission fear that if it is removed difficulties will
arise in other directions? If that were stated, I think it
would help.
CHAIRMAN (Interpretation): In the name of the Commission
I can say, yes, certainly.
Everyone agrees now on paragraph (a)? (Agreed)
Paragraph (b).
M. KOJEVE (France) (Interpretation): Mr. Chairman, I
object to the word "etalonnage" in the French text and suggest
"controle de qualité".
CHAIRMAN (Interpretation): Does everyone agree to the
- 9 -
V V - 10 - E/PC/T/A/PV/40 (1)
change in the French text?
Then we will say "controle de qualité" in the French text.
Mr. R. J. SHACKLE (United Kingdom): I would like to ask
(b):
why the words at the end paragraph 6, Article 22", are in
square brackets. It does seem to me that there is a case for
retaining them, because if they are not retained, and the
question arises as to what is meant by "internationally agreed",
the word international" need mean no more than that there is
an agreement between two countries. Well. surely this is
meant to look to a wider measure of international agreement then
that? On the face of it, I would have thought that there was
a case for keeping the reference to paragraph 6 of Axticle 22,
which I believe contemplates standards agreed under the auspices
of the Organization. I would like to hear the reasons for
the placing of these words in square brackets.
I might add that the brackets seem to have been added by
the Legal Drafting Committee, as they were not in in the
Sub-Committee stage.
CHAIRMAN (Interpretation): May I ask the responsible
Member of the Drafting Committee to give the answer to this
question? (Pause)
We therefore maintain the text as it is in Mr. Melander's
Report. Are there any other remarks on sub-paragraph (b)?
(Adopted)
We pass on to sub-paragraph (c).
Mr. R.J. SHACKLE (United Kingdom): There is a note- No.7 - in
the Sub-Committee's Report which sets out the agreed unders-
tanding of the Sub-Committee about the words "in any form".
That note, we think, is important, and we should like to see
it carried forward with the text to come out as part of the
official interpretation. It has been the practice in some of
the Sub-Committees, I know, to put an asterisk against notes
of the Sub-Committees, I know, to put an asterisk against no-
tes of that kind, and it does seem to me that if we follow
that method, this is a case of putting en asterisk against
note No 7. I wonder if that would be agreable to the Commission? - 1l - E/PC/T/A./PV/40 (1)
Mr. FAIVOVICH (Chile) (Interpretation): In London and.
later on in New York the Chilean Delegation made a reservation
concerning this point (c). The reservation was that the basis
of this paragraph should apply also to industrial products.
As it now does not apply to industrial production, we are
obliged to maintain our reservation.
Then on point (A), where' it speaks of
restriction of the quantities permitted to be marketed or
produced of the like domestic product, or if there is no
substantial domestic production of the like product, of a
domestic product for which the imported product can be
directly substituted:-
Here we also have on observation to make We consider that
this extension, which did not exist in the original Text, makes
the exception more delicate, and it would be necessary to
indicate exactly what one meane by a, similar product.
Now finally, the Chilean Delegation wants again to remind
the Sub-Committee that it has always defended. the point of view
that whale hunting is not a similar group to fishery products,
and in this connection we want, again, to have it recorded in
the Minutes that we do not consider whale hunting as being
included. in fishery products.
CHAIRMAN: (Interpretation): We now have to decide what we
are going to do with Mr. Shaokle's suggestion. As you remember,
Mr. Shackle's suggestion, contained. in point. 7 of Document T/141
is an explantion of those terms, and says "It is the
understanding of the Sub-Committee that the term "in any form"
covers the same products when in an early stage of processing
and still perishable, which compete directly with the fresh
product and if freely imported would tend to make the restriction G -12- E/PC/T/A/PV/40(1)
on the fresh product ineffective".
This would be added as a Note with an asterisk, placed in
an appropriate place in the Text itself.
Mr. SHACKLE (United Kingdom): I would like to say that it
is not necessary in my proposal that this explanation should be
a part of the Charter. It is only that I conceive there will be
a number of Notes which require to have a definite official
standing, and maybe included in an official proces verbal. I do
not want to prejudice my object in putting, it on record as part
of the official Record of the Conference.
CHAIRMAN: ( Interpretation): Do you all agree to maintain
this Explanatory Note?
Now, as far as the observations of Mr. Faivovich. are
concerned, we first notice that he has a reservation to make on
point (c). Here we can only register this declaration as a
reservation.
He has also made two other observations on the Text, and
I would. like to ask him if he intends to submit Amendments on
this Text.
Mr. FFIVOVICH (Chile) (Interpretation): Mr. Chairman, I do
not intend to submit Amendments. I would ask the Committee to
indicate in the Minutes that whenever we speck of fishery
products we do not include, in this, whaling; and secondly, I
would suggest that we indicate somewhere in the Text that it Would
be convenient to give a definition of the term "similar
products". S
CHAIRMAN(In rpretation): On the first point, there is
no difficulty; that willbe done. On the second point,
regarding a better definition of the words "like-products", I
will ask Mr, Melander if he can give us a better definition than
the one we have in the text.
Mr. J. MELANDER (Norway): A, better defintion of the
words "like products", Mr, Chairman? Well, I could not do
that, I have no suggestion to make.
CHAIRMAN: The Delegate of the United Kingdom.
Mr. R. J. SHACLE (United Kingdom): I must confess I
have heard it alleged that a whale is not a fish but a mammal,
but I am inclined to think that zoology is not relevant here;
we are dealing with an economic question. I do not see why
whale products should be treated differently from fish products
In fact, I think, in common pamance, fishery is regarded as
covering whales.
In the official Statistics of the Journal of Commerce
and Navigation of the United Kingdom you will find two headings
-whale Fisheries, British" and "Whale Fisheries, Foreign."
If, for the purpose of those statistics, whales are included
in fishery products, I think we might consider it good enough
for them. to be covered by fisharies here. So far as
economics are concerned, I see no reason to differentiate.
CHAIRMAN (Interpretation): The Delegate of Brazil.
Mr. E. L. RODRIGUES (Brazil): Mr. Chairman, with
regard to the words "l ike products," I feel that all of us
have some difficulties, but at the same time I could give an
example of some countries which have special agencies for
dealing with those products, We have in Brazil a Commission
E/PC/T/A/PV/40 (1) S - 14 - E/PC/T/A/PV/40 (1)
of like Products - "Comis de Similares", For the work of this
Commission we have some definitions, but a more precise definition
should be left for a later stage, when the work of the ITO will
allow us to have a better idea of the subject.
CHAIRMAN:: The Delegate of Norway.
Mr. MELANDER (Norway): Mr. Chairman, I may perhaps add
that the Sub-committee did not discuss the term "agricultural
or fisheries products", so we have really not discussed at all
whether fisheries products should also include whale products.
The did discuss, to a certain extent, the terme- "like domestic
products", but, as the Brazilian Delegata said just now, we came
to the. conclusion that to try tomake any sort of definition was
really impossible. and one would, we felt, haves to wait until
complaints were made to the Organization. It would then be for
the Organization to evolve gradually a sort of, shall I say,
Case Law, as these complaints arise,
CHAIRMAN (Interpretation): May I ask the representative
of Chile if he agrees with the points of view expressed by Mr.
Rodrigues and Mr. Melander; that is, that on this term "like
Products" we should leave it to the ITO leter on to establish
a Jurisprudence on the meaning, of this term.
Mr. Angel FAIVOVICH (Chile) (Interpretation): I accept the
suggestion which has just been made. It indicates clearly that
there was a need to put this question. We realise that in each
Country there is a somewhat different interpretation of this
tarm and it will be good to arrive at a common definition at
some later time. .
As far as the declaration of the representutive of the
United kingdom is concerned, I would remind you that in the
discussions in London it was indicated that the two things
fishery products and wheling - should not be myxed together.
So far as I can remember, the representative of Norway was
also of the opinion that they should be considered seperately.
(Correction - following the interpretation):
What I said at the end was that, though the whale is a
m. 1l, I would not like anyone to profit by its milk.s E/PC/T/A/PV/40 (1)
Mr. R.J. SHACKLE (United Kingdom): I do not wish to prolong
the discussion, but I would like to suggest that in the ease of the
whale the I.T.O should be left as the body of jurisprudence to settle
the question of whether the whale is a mammal.
CHAIRMAN (Interpretation): We shall then temporarily can-
tent ourselves with the declaration and reservation of the Chilean
delegate.
Mr. N. J. WU (China): Mr. Chairman, The Chinese delegation,
as recorded in the report, has made three reservations on this para-
graph .2 (c). The first reservation conoerns the interpretation of
the term "special factors" as used in paragraph 2 (e) of .Article 25,
or 2 (c) of the new text. The Chinese delegation found itself un-
able to agree to the interpretation, and has made a reservation on
it. However, havingexmained the whole Article in a conciliatory
manner, the Chinese delegation is now prepared to withdraw its reserva-
tion on this point.
The second reservation has reference to the proposed amendment
of the Chinese delegation to paragraph 2 (c) old text, or 2 (c) re-
vised text, contained in paper w.75. Upon the rejection of this
amendment by the sub-Committee, the Chinese delegation formulated
their reservation. The Chinese delegation has at a later stage
proposed a second amendment contained in W.260 for inserting an addi-
tional separate paragraph (d) to paragraph 2 of Article 25. The
Chinese delegation is now prepared to withdraw its reservation in the
first case, that is the amendment contained in paper T/W/75. We will
insist, however, Upon our position on a certain amendment contained
In T/W/260.
The third reservation of the Chinese delegation refers to that
amendment,as I have just stated.. This amendment ( 260)when it was
proposed at a sub-Committee, was considered by the Sub-Committee to have
ER
- 15 - ER
reference to protecting measures. Therefore we thouht that
it should be referred to the sub-Committee on Chapter IV. It was
referred to and discussed by the sub-Committee on Chapter IV, The
Chinese delegation theroipen made its reservations in the original
sub-Committee on Article 25 pending the conclusion arrived at by the
sub-Committee dealing with chapter IV. Now that the sub-Committee
on Chapter IV has concluded its deliberations and found itself unable
to accept the amendment, the Chinese delegation has included it in
its Minority Report to Commission A.
Mr. Chairman, with your permission,I wish to repeat a few words
here about this amendment(1'.cGO).It proposes an additional sub-
paragraph (d) to paragraph 2 of article 25 leaving paragraph 2 (c)
of the new text entirely intact. This amendment has for its purpose
the protection of particular industries a agricultural products
which is of vital importance to a Member state. The procedure for
obtaining release as proposed in this amendment is different from the
procedure in Article 13, 13(A) and 13 (B) in that in the present case
no prior consultation is necessary, But only immediate notification
is required. That is to say, a Member State applying import re-
strictions in this amendment shall notify the Organisation as so on
as Possible. If any Member or Members complain of any such restric-
tions, the Organisation: shall invite the applying Member and the com-
plaining Members for a consultation.
The Chiness delegation firmly believes that for the protection of
industries or agricultural products of no great importance the pro-
cedure described in 13, 13(A) and 13 (B) may be sufficient and should.
-be followed,bult for industries orag riculutral products of vital
importance prior consultt-ion should be dispensed with. Tez Chinese
delegation hereforee wiseas to maintain its proposed amendment and
reserve is 9 postTion on hne whole ofp2argSraph2' (c) in hev new text
pending therzeceipt of new instucztocsa from its Covernment.
/_PC/TAJ/PV/4B (1) -7 -
CHAIRMAN (Interpretation): I believe we should take the
various parts of this Article in their regular order. we have,
under (c), a number of paragraphs. we have already discussed the
preamble and I suggest that we now limit the discussion to point
(i), beginning with "to restrict the quantities....". Are there
any remarks on this point?
DR. G. GUTIERREZ (Cuba) Before passing: on to the next
Paragraph the Cuban Delegation did not think that the preamble or
first sentences of (c) had been formally approved and so if it
is considered that it is to be approved, I wish to state the
position of the Cuban Delegation in relation to (c), because we
are not satisfied with the principle stated in the preamble. As
other delegations know, the reference to intustrial production in
this paragraph has forced the Cuban Delegation to seek an amendment
on Article 25.
The Cuban Delegation considered from the beginning that the
. sions of the New York Draft Charter on the notional treatment
of international taxation Covered by Article 15, quantitative
restrictions included in Article 25 and. subsidies in Article 30,
would practically freeze the economic development of its country,
and presented therefore amendments to those Articles along tho lines
suggested in documents E/PC/T/W.29, E/PC/T/W/194 and, E/PC/T/W.186.
We will not deal now with Article 15, because it is not the
subject of our discussion today.
In relation to Article 25, the Sub-Committee on articles 25
and 27 expressed on page one of its Report (E/PC/T/141) that
"proposals Specifically dealing with these problems were not
discussed by the Sub-Committee but brought to the attentioanof the
Sub-Committee deaIing with Chapter IV".
E/PC/T/A/PV/40 (1) J. -26- E/PC/T/A/PV/4O (1 )
In realisation with this matter, the Cuban Delegation had
previously presented the following amendment, as I said, to
Article 25, which is included in document E/PC/T/W/194, and I am
not going to repeat it.
This amendment was intended to secure the under-developedC'
ue ntries ehindispensable means fo fostering inheir econom ciO
develment nt using antitative restricrions to toProtestro1 mainiaLn
ehoir infant iindustriec sg ving a the L-ma time and suaff.ieniLt
guarantees th atthosmeaslres could nobe mis
The =-oenamendment is in full accord the main purpos the
Charter to :al wexpand world trade crcrsineag rlErocprtdon _n
consu-wtmpt Ion.1c t'ilead id;ouec co, ds -' ;n ecoomictory
proves, equaily al t&aleceptable o oL e.fully industrialized ahd
unaer- adveIdje tcpd tries.
The Cub-n DelaioU hat n . has no objectio to sting wi the
framework of _rticoa 2letht; e necessary conditions .orln lthe
quantitativ, resteictions in the. inte est of economic deve
as far _E !heyasrt iaarennonsistoat wien th!L Usie ba: Dtatm_ o
.'Lc vdevnt, ann. havd no pzohibiriv; ^: e*orC ce-_rry e cus
character.
The Cub.n a Delegfae>.tDelegation recort my thu'> f ef _iC th mad
ireetionddby c proosaa tht pthc; spat tze Rapnporte.r_ resented and
itS aiSpoSisidisposition to accept in general the suggested sial
para~raph tog,ara.rp:h g otaprticf a25 vitw' ch_:h sthe changesc
indicated in th i'orlin1e f lfowini.t wvalTha, -nu meafo1twiae
letter (c), in orl.r nU. tdearkot2 'smaue andist trbance in the )e
a now s -aea;rub-pahougd;pbe --ei1 e adddd lrkidthgs:-e
UTr:s t"Immortctres ri~c.sons impo'ed for prmot
osta'Wisezllt, mminter=az~s; nav4ce*=Lntelopmenonsor crecdli-ot
an Ina~stryindu an -riCUturag ocul±isabrpctfzihery ru ovipro
thit such aesritiors;t ic t, ma be d only .ce -ww :rhto a che J. - 19 - E/PC/T/A/PV/40 (1)
same purpose:
(1) the payment of a subsidy is not possible because:
(a) the taxable capacity in the Member concerned
is exhausted or inadequate, or
(b) the general fiscal Condition of the Member
concerned. is unstable, or
(c) the technical capacity of the Member concerned
is not sufficiently developed to determine
and pay the subsidy concerned, and
(2) the imposition of a tariff would result
(a) in a greater rise in the price of the commodity
compared with the method of import
restriction, or
(b) in a tendency for total consumption of the
commodity to fall, compared with a previous
representative period, or
(c) in a tendency for distribution to be
inequitable
and provided that if such restrictions are imposed:
(1) simultaneously with their imposition a full statement
is submitted to the Organization showing why, in accordance with
the provisions of this paragraph, a subsidy or a tariff is not
being used,
(2) no restriction will operate completely to prohiot
imports
(3) licenses issued for imports will be unrestricted
as to source of supply, or will be based on a representative
period,
(4) while the restrictions are in force:
(a) an annual budget of supply and demand
showing, the amount to be supplied from local
and foreign sources will be submitted to the
Organization six months in advance of the
budget period,
(b) information as to costs selling prices and
methods of distribution of the locally
produced commodities will be supplied, to the
Organization up on request.
(c) information as to methods of determining, and
granting licenses will be supplied to the
Organization upon request.
(5) the Organization may at any time, with or without
consultation with other Members affected, request the
modification or withdrawal of the restrictions if they have
not been established according to the provisions of this
sub-paragraph, in which case Members undertake to give
immediate effect to such request."
Nevertheless, the Cuban Delegation considering this text,
which has not appeared in any printed document except for the
restricted use of the Members of the Sub-Committee, somewhat
complicated and perhaps its substance subject to too many conditions, - 20 -
offered the following; alternative text, to be inserted as one more
exception, after paragraph (c), to the general principal set forth
in paragraph 1 of the said Article:
"Any import restriction for promotion the establishment,
maintanance, development or reconstruction of an industry,
or an agricultural or fishery production, provided that the
quantitative restriction applied to imports does not exceed
fifty percent of the consumption of a given product in the
domestic market."
As nothing, of the substance of this or any of the previous
amendments suggested on this subject by the Cuabn Delegation have
been accepted in relation to the new wording of Article 15 which
has different approach to the problem, the Cuban Delegation
requests that the suggested amendments on Article 25 be
transferred to the Sub-Committee on Article's 25 and 27, or, if the
Sub-Committee has finished its work, directly to the Plenary
Commission.
That is why we sent a paper to the Secretariat and this paper,
with other items is issued in document E/PC/T/w/ 208. I do not
think that, at this stage of the discussion, there would be any
use discussion this amendment because of the r.-oestablished
majority in relation to this fact, so I would simply suggest that
the amendment that we havve presented might he rejected withoutlt
discussion if we wish t -accelerate ouw -orkand.l we wish tmake1;
a fmal l reservation of our position in greard tA wrcitle .5,
J.
(1) CHAIRMAN (Interpretation): We will therefore continue
the discussion and, take the Cuban suggestion when we finish with
sub-paragraph (c).
No remarks? We pass now to sub-paragraph (ii).
Any remarks?
Sub-paragraph (iii) ?
Then we see at the end of sub-paragraph (c) the following:
"Any Member applying restrictions on the importation of any
product. ." and so forth.
The Chinese Delegate withdraws his amendment regarding
the expression "special factors".
Agreed? (Agreed)
Mr. R.J. SHACKLE (United Kingdom): There is a note
about the term "special. factors" which is No.2 on page 1 of the
Sub-Committee 's Report. That again is a case where we think
that it is an important note, and we should like to suggest
that this also be marked with an asterisk.
CHAIRMAN (Interpretation): Does everybody agree?
We now come to the Chinese amendment which consists of
inserting a new sub-paragraph (d) in Article 25, paragraph 2.
It is contained in Document E/PC/T/W/26O. Are there any
remarks on this suggestion?
M. Pierre FORTHOMME (Belgium) (Interpretation):
Mr. Chairman, I believe that the proposal of the Chinese
Delegation is covered by Articles 13 and 13A.
Mr. N.J. WU (China): Mr. Chairman, I must say that it is
not covered by articles 13, 13A and B. As I explained just a
E/PC/T/A/PV/40 (1)
- 21 - V E/PC/T/A/PV/40 (1)
few minutes ago, the procedure is different in each case. In
the present case,- the procedure is that the Member applying
the restrictions should only notify the Organization as soon
as possible, and the Organization in turn should notify aIl
the Members; and if any Member or Members complain about the
restrictions, them the Organization should call those Members
applying the measures and those Members affected, for a
consultation. It is quite different from the procedure
described in Articles 13, 13A and 13B.
CHAIRMAN (Interpretation): I would not like to see too
long a discussion on this amendment. Is there any Delegation
which is opposed to this amendment?
-22 -
V G - 23 - E/PC/T/A/PV/40(1)
Mr. SHACKLE (United Kingdom): I think we are prepared to
accept neither of those.
CHAIRMAN (Interpretation): Would those Delegates who oppose
the Amendment please raise their hands. Those in favour?
The Amendment is rejected.
We come now to the amendment of the Delegate of Cuba. Mr.
Gutierrez himself said that he thought that probably his Amendment
would be rejected. Are you all in agreement to reject this
Amendment ?
The Delegate of China.
Mr. WU (China): Mr. Chairman, before proceeding to the Cuban
Delegations Amendment, I wish to say that the Chinese Delegation
wish to place on record that the Chinese Delegation maintains
its reservation on this question.
CHAIRMAN (Interpretation): Agreed, Mr. Faivovioh?
Mr. FAIVOVICH (Chile) (Interpretation): No.
CHAIRMAN (Interpretation): If I understand him well, if the
Amendment is rejected, the Cuban delegate will then make a
reservation on this point.
Mr. FAIVOVICH (Chile): Yes.
CHAIRMAN (Interpretation): Does this mean that the Chilean
Delegate will also eventually make a similar reservation?
The answer was in the affirmative.
CHAIRMAN (Interpretation): We pass on now to paragraph 3 .
The Delegate of the United Kingdom. G - 24 - E/PC/T/A/PV/40 (1)
Mr. SHACKLE (United Kingdom): I have a small point which
I think is not really a change of substance but is perhaps a
necessary clarification. This paragraph says that" the terms
"import restrictions" or "export restrictions" include
restrictions by state-trading, enterprises to an extent greater
than would be permissible under Article32."
Well, I think that to cover the point entirely it is
necessary to cover not merely the extent that would be allowed
in Article 32, but also the possibility that, correspondent to
the departures from the principle of non-discrimination which are
allowed by Article 28, where it is a case of restriction imposed
on private trade, it should be permissible for the State trader
in exactly the same circumstances and for the same reasons to
make departures from the principle of non-discrimination.
Well now, that result can be secured by a simple Amendment
which I will read to you. It would consist in adding, after the
words "State-trading enterprises" - that is at the top of page 6
of the Drafting Committee's Document - "applied in a manner
other thanm, or" - and we then go on in the same way as the
existing Text "to an extent greater than would be permissible
under", and then at the end change" Article 32" to read "Section E"'.
That is the state-trading section.
Well, the effect of that is that it would become permissible
for a state-trading enterprise on balance of payments grounds to
make the same departures from the principle of non-discrimination
as would be permissible in the case of import restrictions on
private trade under Article 28. The motive for substituting
the reference to Section E for Article 32 is that it is
Article 31, and not 32, which lays down the principle of non-
discrimination of state-trading enterprises. E/PC/T/A/PV/40 (1)
I do not think that there is any substance in that change
at all, it is simply to clarify the intention, as I understand
it. Thank you.
CHAIRMAN: The Delegate of Czechoslovakia.
Mr. AUGENTHALER (Czechoslovakia): Mr. Chairman, I consider
the proposition of Mr. Shackle as a formal Amendment to this
Article, and I would put in a request to have it written before
it is discussed.
Mr. SHACKLE (United Kingdom): I will send it to the
Secretariat.
Mr. LUGUERY (France) (Interpretation): I also agree with
Mr. Augenthaler.
CHAIRMAN: We then resume the discussion of para 3 as
soon as we get the Text.
Mr. AUGENTHALER: (Czechoslovakia): Mr. Chairman, if I
understand rightly, the proposed Amendment should be circulated
twenty-four hours before the meeting concerned ?
Mr. SHACKLE (United Kingdom): In the case of an important
Amendment.
CHAIRMAN (Interpretation): I hope you see no impossibility
in discussing this Amendment as soon as it can be distributed.
G - 25 - S - 26 - E/PC/T/A/PV/40 ( 1)
CHAIRMAN (Interpretation): We pass to Article 27 - Non-
discriminatory administration of quantitative restrictions.
Paragraph 1. Are there any remarks?
(Agreed)
Paragraph 2 - Preamble and sub-paragraph (a).
The Delegate of Norway.
Mr. J. MELANDER (Norway): Mr. Chairman, I might perhaps
mention that the Sub-committee on Paragraph 2 made a change
which is more a formal change than a change in substance, I think.
You will observe from the New York text that paragraph 2(a) in
that text has been altered, in the form that, in the Sub-committee's
Report, it represents the introductory sentence and the wording
has bean altered slightly. You will observe especially that the
Sub-committee has taken out the words "as the result of inter-
national competition" in Paragraph 2(a) off the New York text,
so that in the Sub-committee's Report there is no social
reference to that. That alteration was also made in conformity
with the alterations which the Sub-committee made to Paragraph
2(e) in the New York text, to which perhaps we may come back at
a later stage.
I would say that the paragraph as it reads in the Sub-
committee's Report, namely: "In applying import restrictions to
any product Members shall aim et a distribution of trade in
such product ..." and so on, ending with ". . . might be
expected to obtain in the absence of such restrictions.....",
does not alter materially the New York text on that point.
Perticularly, of course, international competion would mean that
factors like price or auality, and so on, would have to be
taken into account.
I mention this, which is, I think, more a formal alteration
then a substantial alteration, just as an explanation of the S - 27- E/PC/T/A./PV/40 (1)
Sub-Committee's alteration here.
CHAIRMAN: The Delegate of France.
M. LUGUERY (France) (Interpretation): Mr. Chairman, I would
remind you that France had made a reservation, which is contained
in the Report of the Sub-committes. It says there that "the
French Delegate reserved his position in respect of the omission
from this provision of the words 'as a result of international
competition', or, alternatively, 'as a result of international
trade based on commercial considerations.' "
We believe that it is useful to mention international
competition, that our text is more balanced and that the
action of this term is more precise in this text which we submit.
On the other hand, it would permit each State Member to be
himself the judge of the way the distribution is made. Therefore
I would submit our suggestion for this amendment.
CHAIRMAN: The Delegate of New Zealand.
Mr. G.D.L. WHITE (New Zealand): Mr. Chairman, since this
subject has made a connection with sub-paragraph (d), I would
like to ask your permission to refer to a Note to Sub-paragraph
(d) which appears in the Sub-committee's report. I would like
to ask that this Note, which is Note 4 on Page 4 of Document
T/141, should be maintained.
I think the position of the Sub-committee was that in
deleting this phrase from the Preamble it considered that the
matter could be deal with by the way in which sub-paragraph (d)
is now drafted. Partly at the request of our Delegation,
this Explanatory Note was added to sub-paragraph (d) and I
would like to ask that this Note be maintained, in the same
way that some other previous Notes have been maintained in
the text. S . - 28 - E/PC/T/A/PV/40 (1)
CHAIRMAN: The Delegate of Norway.
Mr. Melander (Norway): Mr. Chairman, as I said in my
introductory remarks, I do not think the deletion of the words
had really any substantial effect; it was just a question of
form. That was how I understood it. Speaking as the
Norwagian Delegate and not as Chairman of the Sub-committee,
I would say we could have no objection to introducing the
words proposed by the French Delegate; we think the result
would be practically the same whether they are there or not. ER E/PC/T/A/PV/40 (1)
CHAIRMAN (Interpretation): Are there any objections to
accepting the suggestion of the French delegate? Between the
two suggestions he made, I believe the first one "as a result of
international competition" is probably the best.
Mr. G.D.L. WHITE (New Zealand): Mr. Chairman, this subject
has already been discussed in the sub-Committee but we have some
objection to introducing the phrase "international competition" at
this stage. I do not want to go over that in detail, but the
objection is simply that the term cannot be defined and that the
words "international competition" might be taken to mean short-term
competition referring to different price levels and competitive
conditions as they existed in a given moment, without taking due
regard to rather more long term considerations such as customary
sources of supply and things like that. Therefore we objected
to the introduction of those words in the Preamble, and there was
quite an argument about it in the sub-Committee. The sub-Committee
decided that the best thing to do was to delete the words and refer
only to the shares which might be expected to obtain in the absence
of such restrictions, and we would strongly oppose the reintroduction
of those words. We think that the situation is covered by the note
which I referred to previously, to sub-paragraph (d).
Mr. R.J. SHACKLE (United Kingdom): Mr. Chairman, I would like
to support the suggestion made by the New Zealand delegate.
Mr. HARRY HAWKINS (United States): I would also like to support
that view. This paragraph is merely a statement of principle which
is set out in detail in the sub-paragraph. ER - 30 - E/PC/T/A/PV/40(1)
CHAIRMAN (Interpretation): I think I can conclude from
these observations that the Commission does not want to change the
text.
I would therefore ask the delegate for Franoe if he would be
ready to abandon the suggestion, and to be satisfied with the note
of the New Zealand delegation which is on page 4 and deals with
sub-paragraph (d). J. - 31- W/PC/T/A/PV/40 (1)
M. LUGUERY (France) (Interpretation): I do not want to
complicate the discussion, and I withdraw my suggestion.
CHAIRMAN (Interpretation): Are there any other observations
on the preamble and (a)? (b)? (c)?
Monsieur Augenthaler.
H.E. DR .Z. AUGENTHALER (Czechoslovakia ): Mr. Chairman, the
Czechoslovakia Delegation made a reservation on this point, but we
are ready to withdraw our reservation if Article 29, paragraph 8 (ii)
is accepted. I therefore withdraw the reservation provisionally,
but if Article 29, paragraph 8 (ii) is rejected, in that case I
will be obliged to make the reservation again.
CHAIRMAN (Interpretation): We will therefore 1 with this
this afternoon.
Are there any other remarks?
Are there any observations on (d) ?
MR. G.D.L. WHITE (New Zealand): Mr. Chairman, is it agreed
that the Note will be maintained?
CHAIRMAN: (Interpretation): Does the Commission agree to
maintain Note 4, which is in the middle of page 4 of the English
text, which refers to sub-paragraph (d)?
Mr. A. FAIVOVICH (Chile) (Interpretation): Mr. Chairmn I
would like to indicate that this new text is an improvement on the
New York text. In the New York text (it was then under le)) the
Commissions considerations were the main basis for the distribution
of quotas and now , in the present text the Members have more
latitude for the distribution of quotas. Therefore, we are glad t
approve the new text.
CHAIRMAN (Interpretation): Are there any other remarks?
We therefore adopt paragraph (d) with the Note.
Are there any remarks on paragraph 3 (a) ? Paragraph 3 (b)? V -32-
M. LUGUERY (France) Romarks applicable to French text only.
CHAIRMAN (Interpretation): Are there any other remarks
on sub-paragraph (b)?
H.E. Z. AUGENTHALER (Czechoslovakia): Mr. Chairman,
Czechoslovakia made a reservation concerning paragraph 3 ( b ) and
(c). We are obliged to maintain that reservation - I hope only
provisionally - until we see at the World Conference which
countries will be applying those rules: especially, whether the
same rules will be applied by those countries with which we
a substantial part of our trade.
CHAIRMAN: (Interpretation): No other remarks?
Sub-paragraph (c). No remarks?
paragraph 4. No observations?
Dr. Gustavo GUTIERREZ (Cuba): Mr. Chairman, we are now
scaling with paragraph 4, the consultation clause. The Cuban
Delegation has presented an amendment to the paragraph which has
been printed as Document W/259.-
The reason for this amnd mnt is this: Wrhen we had a
discussion on this matter n1 the Sub-Committee on Chapter IV,
we said that a party could not act unilaterally to withdraw all
quotas or act in any way as a means of applying sanctions because
other eEmbers have failed o'fIulfil thior obligations under the
Dharter; but tho procedure established in the Charter should be
followed.
The u;b-ommittee considered that the matter was broad eough'
to not only be tklen into consideration in relation to the anteosc
that aec the subject of Chapter IV, but should be inserted in
Chapter VIII, as a gee.ral rule to apply ne al cases. At a
special joint meeting of representatives o the ' Sub-Committee dealng,
with Car,ter IVan-d the sub-ommnittee dealig - with Chapter VIII
it wso arranged that a proper text should be found. G
E/PC/T/A/PV/40 (1)
After many meetings this joint ad hoc Committee came to an
agreement and sent in a text that was approved by the Sub-Committee
on Chapter IV and recommended to the legal Drafting Committee
with the approval of the Committee on Chapter VIII. That text
is inserted in the new text that will come up for the consideration
of the Commission, establishing the principle, very wellknown in
national as in international relations, that decisions for action
cannot be left to a unilateral decision. But as we noticed
yesterday there are consultation clauses all along the different
Chapters. Will this especial consultation clause inserted here
not be deleted on account of the general procedure for consultation
in Charter VIII? We presented the same Amendment here, which
had the same idea - that is to say, that a Member country by
itself cannot establish conditions or formalities, as has been
said already and approved, and if it does so establish certain
conditions and formalities, or in some way alter provisions
relating, to the use of the quotas, any of the other Members
concerned should have the right to use the method established in
paragraph 4.
If we come to para.2 (d) , we see that it has been established
that "No conditions or formalities shall be imposed which would
prevent any Member from utilizing fully the share of any such
total quantity or value which has been allotted to it, subject
to importation being made within any prescribed period to which the
quota may relate." And then the document refers to cases , and
then para .4 reads: "With regard to restrictions applied in
accordance with paragraph 2 (d) of this Article or under
paragraph 2 (c) of Article 24, 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
-33 - G
the Member applying the restriction: Provided"(and here comes
the restriction) "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 Organisation, consult promptly
with the other Member or the Organization regarding the need for
an adjustment of the proportion determined or of the base period
selected or for the re-appraisal of the special factors
involved". And our Amendment is to continue: "or for the
elimination of conditions, formalities or any other
provisions established unilaterally upon the allocation of an
adequate quota or its unrestricted utilization", so as to bring
the consultation procedure in line with letter (d) of this
Article .
E/PC/T/A/PV/40(1) S - 35 - E/PC/T/A/PV/40 (1)
CHAIRMAN: Does anyone wish to speak on the Cuban
amendment?
The Delegate of the United States.
Mr. H.G.HAWKING (United States): Mr. Chairman, I have
no disagreement at all in substance with the Cuban Delegation's
proposal, I think it is clear that Members should consult on
all those matters referred to. My concern is purely a formal
one, whether this provision which he proposed to add fits the
context of that paragraph. The paragraph deals with the
selection of a representative period and the adjustment of that
period for special factors. The addition would deal with other
things, such as the size of quotas and measures for their
utilization. I think the substance of the added provision is
covered in Article 35, Paragraph 1, unless that has been
changed, so it seems to me that what they want is provided for.
I repeat that my concern is only a formal one; whether it
should be added to this particular paragraph. It seems rather
extraneous that it should.
CHAIRMAN: The Delegate of Cuba.
Dr. Gustavo GUTIERREZ (Cuba): When the text is read
for the first time, it does appear so. It gave me the same
idea, but we found we were obliged to present an amendment in
relation to this Article, because the Article starts by
saying: "With regard to restrictions applied in accordance
with Paragraph 2(d) of this Article or under Paragraph 2(c)
of Aarticle 25. If you go back to Paragraph 2 (d), it says:
"In cases in which a quota is allocated among supplying
countries, the Member applying the restrictions may seek
agreement with respect to the allocation of shares in the quota.." E/PC/T/A/PV/40 (1)
and so forth, and at the and it is established that "No conditions
or formalities shall be imposed which would prevent any Member
from utilizing fully the share or any such total quantity.."
The question is this: we are dealing with the way in which
the country is going to make the allocation of quotas. That
Member would take into consideration certain elements of
judgment, but the principle is that, after that Member has
made the allocation of quotas, that allocation becomes a right
of the other Members to furnish or supply the merchandise or
the goods covered by the quota, and that quota cannot be
changed on account of conditions or formalities which would
prevent that Member from utilizing fully the share of any such
quotas. So the whole wording of the way to deal with a
quota is dealt with in Paragraph (d). That is why, in as much
as this Article 27 refers to the system of consultation in relation
to the use of Paragraph 2 (d) of Article 27 and Paragraph 2(c)
of Article 25, we found no other place where we would insert
this Provision, which is only a consequence of a general
principle.
- 366 -
S E/PC/T/A/PV/40 (1)
Of course, if article 27 itself were deleted as a whole as we
deleted yesterday paragraph 3 of Article 12, and as we supposed that
at the end of the Havana Conference all the special consultation
clauses will be deleted because there is already a general procedure
established in Chapter VIII we would have no objections to
withdrawing our amendment. While
we have this Article 27 inserted as a special type of consultation.
the legal interpretation will be that the procedure established in
chapter VIII is a general procedure and that this special procedure
is an exception from the general procedure of Chapter VIII, and that
is why we were forced to insert it here because we do not see any
other place to insert it especially when Article 35 has been modified.
Mr. LUGUERY (France) (Interpretation): I believe that the
remarks just made by the representative of the United States are very
pertinent and the addition suggested by the representative of Cuba
deals with formalities which could paralyse the quotas on the side
of the exporter, and if these conditions can paralyse these quotas,
I believe that there are other dispositions of the Charter which are
opposed to such a procedure.
Dr.GUTIERREZ (Cuba): Mr. Chairman, we are not dealing with the
matter as the delegate of France has looked at it. We know that there
is a provision of the Charter that prohibits, and says that when
those things happen the Member affected will have the right to get in
touch with the other Members and claim for the elimination of this
provision. That is precisely why it is introduced. There is no
inconsistency with the principle.
ER
- 37 - J - 38- E/PC/T/PV/40 (1)
CHAIRMAN (Interpretation): If I understand them well, both
the representatives of the United States and of France are not
opposed to the Cuban amendment. Is there anyone who would like to
express his opinion on this subject?
MR. J. MELANDER (Norway): Mr. Chairman, I have no objection
to the Cuban amendment.
CHAIRMAN (Interpretation): Does everyone accept the Cuban
amendment?
Agreed.
Are there any remarks on paragraph 5?
(M. LUQUERY (France) made a suggestion to change the French
text, and the CHAIRMAN explained that the French term as it is in
the text is already generally adopted, and asked the French
Delegated not to insist). V - 39 - E/PC/T/A/PV/40(1)
Mr. R.J. SHACKLE (United Kingdom): It is only the timiest
point. It is the reference at the end of paragraph 5 to
paragraphs 3 and 4 of Article 15. The final shape of Article 15
is not quite settled, so those paragraph numbers had better be
left blank or put in square brackets. Paragraphs 3 and 4 may
turn out to be the wrong numbers when the shape of Article 15
is established. I therefore suggest we omit the paragraph
numbers and put dots, or put square brackets round the numbers.
(Agreed)
CHAIRMAN (Interpretation): We still have to decide
on the amendment suggested by Mr. Shackle. The text of this
amendment has now been distributed.
Dr. Gustavo GUTIERREZ (Cuba): Mr. Chairman, as it is
rather late and this matter has come to our knowledge so suddenly
today - another amendment has been distributed by the British
Delegation in relation to State-trading - I think it would be
very wise to adjourn and so give us time to study this better
and consult with other Members of the Delegations about _ te>
implications.
CHAIRMAN (Interpretation): The afternoon meeting will
take place at 2.30.
The meeting is adjourned.
(The meeting rose at 1.05 p.m.) |
GATT Library | fk168cc2611 | Second Session of the Preparatory Committee of the United Nations Conference on the Trade and Employment : Activities of the Economic and Employment Commission and its Subcommissions | United Nations Economic and Social Council, June 14, 1947 | United Nations. Economic and Social Council | 14/06/1947 | official documents | E/PC/T/98 and E/PC/T/92-105 | https://exhibits.stanford.edu/gatt/catalog/fk168cc2611 | fk168cc2611_92290115.xml | GATT_152 | 251 | 1,868 | UNITED NATIONS
ECONOMIC CONSEIL UNRESTRICTED
AND ECONOMIQUE E/PC/T/98
SOCIAL COUNCIL ET SOCIAL 14 June 1947
ORIGINAL : ENGLISHT 7S
SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFERENCE ON THE TRADE AND EMPLOYMENT.
Activities of the Economic and Employment Commission and
its Subcommission ~-~~
Supplementing the information reported in Document
E/PC/T/69, there is herewith circulated memorandum prepared by
the Secretariat of the Economic and Employment Commission on the
activitiess of the United Nations Secretariat .rising out of
recommendations of the Economic and Employment Commission and
resolutions of the Economic and Social Council" (E/CN.1/33).
This paper is circulated for information only.
Since the number of copies of this report available in
Geneva is limited only one copy is being circulater. at this
time to each Delegation.
DEUXIEME SESSION DE LA. COMMISSION PREPARATORIE
DE LA CONFERENCE DU COMMERCE ET DE L'EMPLOI
DE L' ORGANISATIONS DES NATlONS UNIES.
Activités de la Commission des
questions éoonomiques et de l'emploi et de ses
sous-commissions.
Afin de compléter les informations contenues dans le
document E/PC/T/69, une note préparée par le Secrétariat de la
Commission ces questions économiques et de l'emploi, sur les
"Trpvaux du secrétariat de l'Organisation des Nations Unies
résultant de recommandations de la. Commission ces questions
économiques et de l'emploi et qe resolutions du Conseil
économique et social . (E/CN.1/33)est distribuée ci-joint.
Ce document n'est distribué qu'à titre d'information.
Le nombre d'exemplaires de ce rapport disponible à
Genève, étant limité il n'est distribué pour le moment qu'un
seul exemplaire par délégation.
NATIONS UNIES |
GATT Library | gm126kx4218 | Second Session of the Preparatory Committee of the United Nations Conference on Trade and Employment | United Nations Economic and Social Council, August 22, 1947 | United Nations. Economic and Social Council | 22/08/1947 | official documents | E/PC/T/180. Corr. 5 and E/PC/T/180-186 | https://exhibits.stanford.edu/gatt/catalog/gm126kx4218 | gm126kx4218_92290230.xml | GATT_152 | 387 | 2,585 | UNRESTRICTED
ECONOMIC CONSEIL E/PC/T/180 Corr. 5
AND ECONOMIQUE 22 August 1947
SOCIAL COUNCIL ET SOCIAL ORIGINAL: ENGLISH
SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT
The Brazilian Delegation considers that its reserva-
tion to Article 81 has not been correctly stated and has
requested that Page 157 of Document E/PC/T/180, on which
the reservation appears, should be reproduced again in
its entirety including the corrected version of the
reservation instead of a correction being included as in
other cases in the corrigenda to E/PC/T/180. A revised
text of Page 157 is therefore circulated herewith to
replace the page in the original text.
UNITED NATIONS
NATIONS UNIES E/PC/T/180
Page 157
Section E - The Tariff Committee
Article 81
The Tariff Committee
1. There shall be a Tariff Committee which shall act on
behalf of the Organization in initiating the negotiations
provided for under paragraph 1 of Article 17 and in the
making or rocommendations and determinations pursuant to
paragraph 2 of Article 17.
2. The Tariff Committee shall consist of those contracting
parties to the General Agreement on Tariffs and Trade
referred to in paragraph 1(d) of Article 17 which are
Members of the Organization.
3. [Provisions relating to the voting power of each member]
4. [Provisions relating to the majority of votes required
x
for decisions of the Committee]
5. The Committee shall adopt its own rules of procedure,
including provision. for the election of its officers.
x
The content of these paragraphs is referred for decision
by the United Nations Conference on Trade and Employment.
xx.
With regard to the above note concorning Paragraph 3
relating to the possibility of a different voting power of
each contracting party of the General Agreement on Tariffs
and Trade, the Delegation of Brazil reserved its position.
It could not agree to a discriminatory voting power in any
committee charged with the functions referred to in the
preceding sentence, because the result of such a procedure
would eventually place the control of the Tariff Committee
in the hands of a few members of this committee. Further-
more, the Delegation of Brazil objected to the implication
that the Preparatory Committee was implicity accepting,
by its action, the possibility of weighted voting in the
decisions of the Tariff Committee of the future International
Trade Organization. |
GATT Library | gh382rg2570 | Second Session of the Preparatory Committee of the United Nations Conference on Trade and Employment | United Nations Economic and Social Council, August 22, 1947 | United Nations. Economic and Social Council | 22/08/1947 | official documents | E/PC/T/180. Corr. 5 and E/PC/T/180-186 | https://exhibits.stanford.edu/gatt/catalog/gh382rg2570 | gh382rg2570_92290230.xml | GATT_152 | 0 | 0 | |
GATT Library | hk164wy2204 | Second Session of the Preparatory Committee of the United Nations Conference on Trade and Employment | United Nations Economic and Social Council, April 18, 1947 | United Nations. Economic and Social Council | 18/04/1947 | official documents | E/PC/T/PV,2/4,Corr.3 and E/PC/T/PV2/3/CORR.1-6 | https://exhibits.stanford.edu/gatt/catalog/hk164wy2204 | hk164wy2204_90260194.xml | GATT_152 | 149 | 1,031 | UNITED NATIONS NATIONS UNIES UNRESTRICTED
E/PC/T/PV,2/4 ,Corr.3
ECONOMIC CONSEIL 18 April 1947
AND ECONOMIQUE (English Only.)
SOCIAL COUNCIL ET SOCIAL
SECOND SESSION OF THE PREPARATORY COMMITTEE
OF THE UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT
The following corrections should be made in the
statement by the Delegate from Cuba:
Page 18, line 14 reads: "to the efforts of the
United Nations in the conduct of the war". This should
read: "to'' the efforts of the United Nations in the
prosecution of the war,"
Page 19, line 16 reads: "of our liberal traditional
policy in the conduct of international", and it should
read: "of our liberal traditional policy in regard to
international."
Page 20, lines 2 and 3 read: "body here present,
in the conduct of the negotiations, and in the drafting
of the ..,". This should read: "body here present, in
conducting the negotiations; and in drafting the ...". |
GATT Library | hb205vv1710 | Second Session of the Preparatory Committee of the United Nations Conference on Trade and Employment | United Nations Economic and Social Council, May 22, 1947 | United Nations. Economic and Social Council | 22/05/1947 | official documents | E/PC/T/75 and E/PC/T/66-91 | https://exhibits.stanford.edu/gatt/catalog/hb205vv1710 | hb205vv1710_92290086.xml | GATT_152 | 463 | 3,174 | ECONOMIC CONSEIL RESTRICTED
AND ECONOMIQUE E/PC/T/275
SOCIAL COUNCIL ET SOCIAL
SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT
There is circulated below the text of a letter received
by the Executive Secretary from Mr. Boissier, Secretary General
of the Union Interparlementaire, in reply to a letter inviting
the Union to consult with the Preparatory Committee regarding
the Draft Charter through the medium of a Consultative Committee
established for that purpose. The arrangements for consultation
with non-governmental organizations in Category A are set out in
Document E/PC/T/45, Rev. 1.
UNION INTERPARLEMENTAIRE
Bureau Interparlementaire Genève, le May 21, 1947
6 rue Constantin - Genève
Sir,
I have read your letter of 14th May with the greatest
interest and have noted that the Preparatory Committee of the
United Nations Conference on Trade and Employment has appointed
a Consultative Committee for the specific purpose of affording
non-governmental organizations in Category A as ample opportunity
as possible to make their views known. The directing bodies of
the Inter-Parliamentary Union will greatly appreciate the
courtesy or the Preparatory Committee in taking this step to
allow for the fullest possible consultation.
For the time being, the whole question or the best method
for establishing the liaison between the Inter-Parliamentary
Union and the United Nations Organization and its various bodies
is being carefully studied by the authorities of the Inter-
Parliamentary Union. This being so, I am not yet able to give
you a definite answer as to the exact methods which will finally
be adopted.
As regards the work of the Preparatory Committee on Trade
UNITED NATIONS
NATIONS UNIES E/PC/T/ 75
page 2
and Employment, the Inter-Parliamentary Union has as yet no
remark to offer on the work actually in progress, as its
Conference and its Council, which are the two competent bodies
to express its official opinion, have not yet taken a stand with
respect to these questions. But the Inter-Parliamentary Bureau
will follow the work of the Preparatory Committee and the
Conference, which is to follow, very closely, and will, in
particular, give its careful attention to any draft conventions
which may be drawn up in order that the Inter-Parliamentary Union
may, if this is thought desirable, recommend these to the varlous
.Parliaments for ratification,
The important thing at the present moment is, therefore,
for this office to follow the work of the Preparatory Committee
and Conference so as to enable the directing bodies of the
. Union to express their opinion on the results of that Conference
with a full knowledge of the facts.
Thanking you again for your courtesy in this matter, I am,
Sincerely yours,
(Signed) Leepold Boissier
Secretary General
Mr. E. Wyndham White
Executive Secretary, Preparatory Committee on Trade and
United Nations Employment
Palais des Nations
GENEVE |
GATT Library | gs694vh4571 | Second Session of the Preparatory Committee of the United Nations Conference on Trade and Employment | United Nations Economic and Social Council, September 6, 1947 | United Nations. Economic and Social Council | 06/09/1947 | official documents | E/PC/T/TRF/114, E/PC/T/TRF/90-155, and E/PC/T/S/1-3 | https://exhibits.stanford.edu/gatt/catalog/gs694vh4571 | gs694vh4571_90260133.xml | GATT_152 | 215 | 1,452 | UNITED NATIONS
ECONOMIC
AND
SOCIAL COUNCIL
CONSEIL SECRET.
ECONOMIQUE E/PC/T/TRF/114
ET SOCIAL 6 September 1947
ESSION OF THE PREPARATORY COI?flAITTEE OF THE
SECOND SESSION OF THE PREPARATORY COHlIT"EE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT.
The following neetings have been arranged for Monday,
8 September:
Negzotiatina Countries
Benelux - New Zealand
France - United States
Benelux - United States
Nuiber of
Meatin,
4th
19th
30th
Time
10.30
11000
Room
Nurber
400
402A
3.00 Salle de Comit6
L-L
N/TE: In addition to the meetings listed in E,PC/T/TRF/113 the
Secretariat has been notified that the following additional
meetings were held on Saturday, 6 September:
France - United States
Cuba - United States.
DUXIEME SESSIMN DE LA COMMISSION PREPARATOIRE DE LA
CONFMRNCE DU CILUVJxT1ET DE L'EiDLOI DE LtORGANISA-
TION DES NATIONS 1NIES
Les reunions suivantes ont ete pr6vues pour le lundi
8 septembre:
N6gociations entre:
Benelux - Nouvelle-
Z6eande
France - Etats-Unis
Benelux - Etats-Unis
No. de la
san ce
4e seance
l9e s6ance
30 stance
Heure
10. 30
11 h
Salle
400
402-A
15 h. Salle de Comit6
L-4
NOTE: Outre les reunions dont la liste figure dans le
éocumentéE/PC/T/TRF/113, le Secr6tariat a 6t6 informe
que les reuions suppl6mentaires suivantes ont eu lieu
le samedi 6 septembre:
France - Etats-Unis
Cuba - Etats-Unis
NAllONS VNIIS |
GATT Library | gg682yp3378 | Second Session of the Preparatory Committee of the United Nations Conference on Trade and Employment | United Nations Economic and Social Council, August 16, 1947 | United Nations. Economic and Social Council | 16/08/1947 | official documents | E/PC/T/A/PV/39.Corr.2 and E/PC/T/A/PV.39-41 | https://exhibits.stanford.edu/gatt/catalog/gg682yp3378 | gg682yp3378_90240198.xml | GATT_152 | 87 | 589 | UNITED NATIONS
ECONOMIC
AND
SOCIAL COUNCIL
CONSEIL E/PC/T/A/PV/39.Corr .2
16 August 1947
ECONOMIQUE ENGLISH ONLY
ET SOCIAL
SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT
Corrigendum to Verbatim Report of Thirtv-ninth
Meeting of Commission A (E/PC/T/A/PV/39).
The following corrections should be made to Page 58 :
In the speech made by Dr. E.C. Coombs, substitute
the word "as" for the words "in the manner".
Page 72, 4th line £
For the words "equal majority" read "simple majority".
NATIONS UNIES
RESTRICTED |
GATT Library | nn901fm1578 | Second Session of the Preparatory Committee of the United Nations Conference on Trade and Employment | United Nations Economic and Social Council, May 29, 1947 | United Nations. Economic and Social Council | 29/05/1947 | official documents | E/PC/T/80 and E/PC/T/66-91 | https://exhibits.stanford.edu/gatt/catalog/nn901fm1578 | nn901fm1578_92290092.xml | GATT_152 | 1,968 | 13,490 | UNITED NATIONS NATIONS UNIES RESTRICTED
ECONOMIC CONSEIL May 1947
AND ECONOMIQUE
SOCIAL COUNCIL ET SOCIAL
SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT
There is circulated below the text of a letter
received by the Executive Secretary from Mr. Thorsten Odhe,
Observer from the International Cooperative Alliance at the
Second Session, The International Cooperative Alliance
had previously been advised of the arrangements for
consultation with non-governmental organizations in
Category A, set out in Document E/PC/T/45, Rev.l.
Mr. Odhe states ln his letter that the International
Cooperative Alliance is particularly interested in
Chapters I, II, III, IV, VI, VII and VIII of the Draft
Charter, and there la attached hereto a paper containing
their comments on Chapter VI. Mr. Odhe also indicates
that his organization may wish to submit further comments
during the course of this Session. E/PC/T/80
page 2
THE INTERNATIONAL CO-OPERATIVE ALLIANCE
To the Executive Secretary of the Preparatory Committee
of the United Nations Conference on Trade and
Employment.
Sir,
As the observer of the International Co-operative
Alliance at the Second session of the Preparatory Committee
of the United Nations Conference on Trade and Employment
I have been instructed to extend the best wishes of the
Alliance for a successful completion of your work to
elaborate the Charter of the International Trade Organination.
The International Co-operative Alliance, which represents
national co-operative organisations 26 countries with a
total membership of 70 million families, is warmly interested
therein that an international orgamosatopm under the auspices
of the United Nations should be carried into effect, with
the general purposes suggested for the International Trade
Organisation - for the coordination of the different national
households of the world aiming at harmonising production and
consumption. with a view to bringing about and safeguarding
full employment and a rising living standard for the broad
masses of the peoples. Hereby possibilities would also be
created for gradually reducing and ultimately abolishing the
International trade barriers and for the joint utilization
by all nations of the abundant resources of the world.
The executive bodies of the International Co-operative
Alliance are at present studying the Draft Charter elaborated
by the Preparatory Committee. I have been instructed to
Inform you that the Alliance is particularly is interested in
the Chapters I-IV and VI-VIII of the Draft and desires to
get an opportunity to submitt to the Preparatory Committee and
its sub-commissions - through its observers at the Second
Session, the undersigned with Dr. Max Weber as his substitute -
its comment on the different Chapters and, to be able to offer
its consultation as completely and exhaustively as possible,
through us to attend their meetings.
For the day I beg to submit to you some introductory
comments on Chapter VI, reserving the opportunities of the
Alliance ro hand in complementary documentation during the
course of the proceedings.
Yours sincerely,
Thorsten Odhe E/PC/T/80.
page 3.
Comments on Chapter VI.
Ever since the end of the first World War the
International Co-operative Alliance has been. increasing-
ly watchful of the activities of national and internat-
ional cartels and combines. In their endeavours to start
and carry on industrial enterprises and to mutually ex-
ohange the products of these enterprises with a view to
playing at the disposal of the consumers goods at the
lowest possible prices national Co-operative Wholesales
and Productive Organisations have frequently encountered
restrictive business practices of the kinds enumerated
in Article 39 of the Draft Charter. By reason of such
incidents and oarried by its general desire to contribute
to, facilitating production on the widest possible scale
by Co-operative Organisations, as well as international
Co-operative Trade Exchange, the Alliance has been closely
watching the developments in the field of international
cartels and combines and has from time to time under-
taken special investigations of'international cartels
and other industrial combinations.
The wide bearings of national and international
monopolistic organisations on the world economic develop-
ment in general have been fully understood by the
Alliance, having been able to state the immediate in-
jurious effects of monopolistic practices in a steadily
increasing number of cases in which Co-operative
Organisations in different countries have been directly
or indirectly concerned. The harmful consequences of
monopolistic combinations, partioularly of those organised
on an international soale and of late more and more
extending their control into the field of rawmaterial
production, lie not only in the limitation of production
to achieve higher prices, thereby directly enoroaching
upon the legitimate interests of the consumers and
counteracting the predominating interest of all national
economies to bring about full productive employment, but
also in giving rise to international conflicts of a
political nature. By dividing up the international
markets the monopolistic organisations, at the side of
state-created obstacles to international trade, constitute
a powerful impediment to the expansion of international
exchange of goods. The Alliance fully agrees with the
initiators of the proposals for an International Trade
Organisation that in numerous cases international cartels
and trusts form even more powerful and effective
hindrances to an expanding international trade than
excessive duties and other restrictions imposed by the
state, because private restrictive agreements on an
international scale are at present generally not within
reach of Government measures in the different countries. E/PC/T/80
page 4
The International Co-operative Alliance expressed
its views on the problems of control over international
monopolistic combinations, appearing increasedly urgent
in the light of the past experiences revealed during
the war and of the needs for a speedy and unhampered
economic reconstruction of the world, immediately after
the close of hostilities. The first Post-War
Conference of representatives of national Co-operative
Movements affiliated to the Alliance, meeting .in London
on the 10th of September, 1945, unanimously resolved:
"That the United Nations Organisations be urged
to take measures in restraint of the imperial-
istic tendencies of monopolies and cartels,
thus enabling Co-operative Organisations to an
equitable share of the raw materials and to
develop them as a practical means of aiding the
implementation of the Atlantic Charter and of
safeguarding the people's aspirations for the
establishment of a democratic economy of plenty,
upon which the maintenance of peaceful relations
among nations is declared to depend."
x
The inJurious effects of the monopolistic
organisations have also been understood by many
countries, which, as a consequence, have tried to
impose public control over domestic cartels. It is
typical of the anti-monopolistic measures applied in
various countries that they only apply to the home
market. In the United States of America. the Weob-
Pomerene Act of 1918, .establishing an exception from
the anti-trust laws .for combinations engaged in the
export trade, facilitated American collaboration-in
international cartels, while the anti-trust. legislation
otherwise aims at preventing monopolistic exploitation
of the country's own consumers. One of the reasons
for this, in all probability universal pheromenon -
as already mentioned - is the practical impossibility
of securing control over international cartels through
measures adopted by a single country, or through.
separate measures in different countries. When
providing for co-ordinating measures by the Member
countries aiming at the control over restrictive
business practices falling into the, field of activities
of international monopolistic cartels the Draft Caarter
makes a wholehearted attempt at finding a remedy for
this deficiency, which is altogether along the lines
of the suggestions previously made at various occasions
by the International Co-operative Alliance.
The Draft Charter lends due impressiveness to
the importance of co-ordinated control measures aiming
at giving publicity to the existence and activities of
International industrial combinations, thereby following
the recommendations of the World Economic Conference
at Geneva in 1927, which resolved that E/PC/T/80
page 5.
"Conference is of the opinion that publicity
concerning the nature and activity of the
associations is one of the most. effective means,
on the one hand to win the support of public
opinion for such agreements as serve the public
interest, on the other to prevent possible mis-
use,'
In various laws enacted by Governments with a
view to checking misuse of the power of national cartels
and trusts the widest possible use has been made of the
publicity instrument to implement the object of the
control legislation, which is to evoke competition by
outsider enterprises and market forces generally. The
moat effective competition against cartels abusing
their domination over the market is bound to be offered
by the consumers' co-operative organisations which, in
accordance with their nature of the consumers' own
enterprises established with the purpose to defend
the interest of the consumer in the lowest possible
market price, cannot be imagined joining agreements
with the cartels to restrict production and keep up
prices. In Sweden, as a result of co-operative
initiative, the recently (in 1946) enacted Law on
Combinations in Restraint of Trade, provides for
most extensive publicity, aiming at forcing every agree-
ment for the limitation of competition to be made public.
To this end it has been stipulated that all cartel
agreements shall be registered with a public authority,
all enterprises or business entities members of any
combination or partners to any agreement in restraint
of trade boing bound over by the Law to send in all
particulars of the agreements in question to the Control
authority, at the request of this authority. The
Alliance is sincerely convinced that the experiences in
those countries where provisions for the compulsory
registration of cartels and combines in restraint of
trade have been in force for a considerable time (e.g.
Norway, Denmark) may call for the attention of the
Preparatory Committee to give renewed consideration to
the drafting of Chapter VI, articles 41-43, with a view
to submitting to a closer study whether provisions for
the compulsory registration of restrictive business
practices within the International Trade Organisation
and for giving such a register the widest possible
degree of publicity might not advantageously be
introduced into the Charter with the purpose of
furthering the attainment of the main aims implied
by Chapter VI of the Draft Charter. E/PC/T/80
page 6.
As I have already mentioned Co-operative
Organizations in their practical activities have at
numerous occasions encountered restrictive business
practices of the kinds referred to in Chapter VI and
have thus been able to collect extensive and many-
sided information on the particulars and tendencies
of restrictive activities of national and international
monopolistic combinations. It is to be assumed that
the general nature of consultation to he provided to
the International Trade Organisation by the International
Co-operative Alliance in its capacity as a non-
governmental organisation of Category (a) ought to
Imply also the supplying of information in this field
gathered by the Co-operative Movement by the inter-
mediary of the Alliance. If so, the Alliance submits
to the consideration of the Preparatory Committee,
whether it might not be useful to prescribe the
procedure of this consultation in a more detailed
manner, which, it seems, might easily be done by
inserting appropriate provisions in Article 40, par. 1,
stating the duty of the Organisation, in connection
with the procedure with respect to complaints and
conferences, to request not only Member Countries,
but also non-governmental (and inter-governmental)
organisations to furnish information relevant to the
Investigation of complaInts and to the determination
by the Organisation whether the practices in question
have or are about to have the effect described in
paragraph 1 of Article 39. If It will seem necessary
to the Preparatory Committee to limit the number of
non-governmental organizations to be consulted in
this connection, it will, under all circumstances,
seem fair and well adapted to the purpose to be
pursued by the investigations according to Article 40
to state the express right of the International Co-
operative Alliance, as the one among the inter-
national organisations in the first line keeping watch
over the interests of the general consumer, to be
regularly invited to take part in the investigations
and hearings prescribed by this Article. |
GATT Library | mv882yb2147 | Second Session of the Preparatory Committee of the United Nations Conference on Trade and Employment | United Nations Economic and Social Council, May 3, 1947 | United Nations. Economic and Social Council | 03/05/1947 | official documents | E/PC/T/63.Rev.1 and E/PC/T/44-66 | https://exhibits.stanford.edu/gatt/catalog/mv882yb2147 | mv882yb2147_92290071.xml | GATT_152 | 346 | 2,339 | UNITED NATIONS
RESTRICTED
ECONOMIC CONSEIL E/PG/T/63.Rev.1
AND ECONOMIQUE
SOCIAL COUNCIL ET SOCIAL English only.
SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT.
With reference to the declaration made in the name
of the Belgian-Luxembourg-Netherlands Customs Union it the
course of the Executive Session on 16 April, E/PC/T/EC/PV.2/1
and Corrigenda 1 and 2 thereto, here is transcribed here-
below the text of communications addressed on 19 Maroh last
t' the Secretary General or the United Nations by the
Governments of Belgium-Luxembourg and the Netherlands:
Belgium-Luxembourg
New York, 19 March, 1947
To the Secretary General.
Sir,
In accordance with Annexure 10, section E, paragraph
3 or the Report of the First Session of the preparatory
Committee of the International Conference on Trade and
Employment, I have the honour to inform you tha t, as soon
as it comes into operation, the Customs Union between the
Netherlands and the Belgium-Luxembourg Economic Union will
grant to certain products from Netherlands and Belgian
overseas territories the benefit of free entry into the
territories or the Parties to the Customs Union, in
conformity with the principles of free entry in force in
the Belgium-Luxembourg Economic Union as at 18 March, 1947.-
I have the honour to be, etc.
(Signed) P.H. SPAAK.
P.T.O.
NATIONS UNIES E/PC/T/63.Rev.l.
page 2.
~~~~~~~~~~~~j
Netherlands
New York, 18 March, 1;47.
To the Secretary General. .
Sir,
In. accordance with Annexure 10, Section E,
paragraph .3 of the Report of the First Session of the
Preparatory.Committee of the International Conference on
Trade and Employment, I have the honour to inform you that,
as soon as it comes into operation, the Customs Union
between the Netherlands and the Belgium-Luxembourg
Economic Union will grant to certain products from
Netherlands and Belgian overseas territories the benefit
of free entry into the territories of the Parties to the
Customs Union, in conformity with the principles of free
entry on a preferential basis in force in the Belgium-
Luxembourg Economic Union as at 18 March, 1947.
I have the honour to be, etc.
(Signed) E.N. VAN KLEFFENS. |
GATT Library | md902tn2840 | Second Session of the Preparatory Committee of the United Nations Conference on Trade and Employment | United Nations Economic and Social Council, July 4, 1947 | United Nations. Economic and Social Council | 04/07/1947 | official documents | E/PC/T/117. Add. 1 and E/PC/T/106-124 | https://exhibits.stanford.edu/gatt/catalog/md902tn2840 | md902tn2840_92290143.xml | GATT_152 | 397 | 2,642 | ECONOMIC CONSEIL E/PC/T/117. Add. 1 4 July 1947
AND ECONOMIQUE Original: ENGLISH
SOCIAL COUNCIL ET SOCIAL
SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT
The following are addenda and alterations to the Draft
Report by the Preparatory Committee of the United Nations
Conference on Trade and Employment to the Economic and Social
Council, which will be considered in Executive Session on Monday,
7 July at 2.30 p.m.
Page 6.
1. At top of page after the words "... and the Yemer." add :
The Preparatory Committee recommends further that
the Economic and Social Council should make provision
for the attendance of persons qualified to represent
the appropriate authorities in Germany, Japan, and
Korea.
The Preparatory Committee, having in mind specifi-
cally the position of the Governments of Burma, Co -un
and Southern Rhodesia, wishes to draw, the attention
of the Economic and Social Council to the position of
territories under the sovereignty of a Member of the
United Nations which are self-governing in matters pro-
vided for by the Draft Oharter and for that reason, in
the opinion of the Preparatory Committee, ought to be
invited to participate in the work of the Conference.
2. Delete footnote at bottom of page.
Annexure D. Pae 8.
1. Delete the words "with the exception of Germany and
Japan" in the 5th and 6th lines of the final paragraph.
2. Add the following at end of final paragraph:
The Preparatory Committee recommends further that
the Economic and Social Council should make provision
P. T.O .
NATIONS UNIES
RESTRICTED
UNITED NATIONS E/PC/T/117. Add.1
Page 2.
for the attendance of persons qualified to represent
the appropriate authorities in Germany, Japan, and
Korea.
WHEREAS in the negotiations which have taken
place at Geneva during the Second Session of the
Preparatory Committee, it has become clear that Burma,
Ceylon and Southern Rhodesia, although under the
sovereignty of a Member of the United Nations, possess
full autonomy in the conduct of their external
commercial relations and other matters provided for by
the Draft Charter
THE PREPARATORY COMMITTEE
CONSIDERS that such separate Customs Territories
should be invited to participate in the work of the
Conference,
And FURTHER RECOMMENDS that the Economic and
Social Council should make arrangements for invitations
to be sent to such separate Customs Territories through
the government of the competent metropolitan state.
3. Delete the footnote. |
GATT Library | mh071qg1314 | Second Session of the Preparatory Committee of the United Nations Conference on Trade and Employment | United Nations Economic and Social Council, August 19, 1947 | United Nations. Economic and Social Council | 19/08/1947 | official documents | E/PC/T/INF/228 and E/PC/T/INF/199-271 | https://exhibits.stanford.edu/gatt/catalog/mh071qg1314 | mh071qg1314_90200662.xml | GATT_152 | 103 | 934 | UNITED NATIONS NATIONS UNIES UNRESTRICTED
.ECONOMI C CONSEIL E/PC/T/INF/228
19 August 1947..
AND ECONOMIQUE ORIGINAL:ENGLISH
SOCIAL COUNCIL ET SOCIAL
SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT
The first meeting of the Interim Co-ordinating Committee
for International Commodity Agreements was inadvertently
included in the programme of meetings of the Preparatory
Committee for Monday 18 August (Document E/PC/T/INF/223).
The Interim Co-ordinating Committee for International
Commodity Agreements is of course in no sense part of the
Preparatory Committee but is a separate body established by
the Secretary-General in accordance with a recommendation
of the Economic and Social Council. |
GATT Library | jy120kr5567 | Second Session of the Preparatory Committee of the United Nations Conference on Trade and Employment | European Office of the United Nations Information Centre Geneva, August 20, 1947 | European Office of the United Nations Information Centre Geneva | 20/08/1947 | press releases | Press Release No.293 and PRESS RELEASE NO.36-354 | https://exhibits.stanford.edu/gatt/catalog/jy120kr5567 | jy120kr5567_90260230.xml | GATT_152 | 244 | 1,632 | EUROPEAN OFFICE OF THE UNITED NATIONS
Information Centre
Geneva.
Press Release No. 293
20 August 1947
SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT
PRESS GUIDANCE
DRAFT CHARTER
All articles in the Draft Charter have been renumbered.
The following lists the new Article numbers and places against
each any references to each Article in earlier press releases.
PURPOSE AND OBJECTIVES
Article 1
Reference in earlier
press releases
291 page 2
CHAPTER II
EMPLOYMENT AND ECONOMIC ACTIVITY
Articles 2 to 7 262
CHAPTER III
ECONOMIC DEVELOPMENT
Articles 8 to 15
262 page 8 and 28
CHAPTER IV
Section
A
COMMERCIAL POLICY
Tariffs, Preferences and Internal
Taxation and Regulation.
Article 16 to 19 290
Quantitative Restrictions and
Exchange Controls.
Articles 20 to 24
Subsidies
Articles 25 to 29
262 page 10 and 28
State Trading
Articles 30 and 31
General Commercial Provisions (so-called Technical
Articles)
Articles 32 to 39
Section F
CHAPTER V
Special Provisions
Articles 40 to 43
RESTRICTIVE BUSINESS PRACTICES
Articles 44 to 51
262 page 11
262 page 5
CHAPTER VI
CHAPTER VII
CHAPTER VIII
INTER-GOVERNMENTAL COMMODITY AGREEMENTS
Articles 52 to 67 262 page 5
THE INTERNATIONAL TRADE ORGANIZATION
Articles 68 to 88 291 pages 3 and 5
SETTLEMENTS OF DIFFERENCES - INTERPRETATION
Articles89 to 92 262 page 11 and
291 page 5
CHAPTER IX
291 page 5
GENERAL PROVISIONS
Articles 93 to 100
CHAPTER I
page
4
Section B
Section C
Section D
Section E |
GATT Library | kg520fz0465 | Second Session of the Preparatory Committee of the United Nations Conference on Trade and Employment | United Nations Economic and Social Council, September 2, 1947 | United Nations. Economic and Social Council | 02/09/1947 | official documents | E/PC/T/190 and E/PC/T/189-196 | https://exhibits.stanford.edu/gatt/catalog/kg520fz0465 | kg520fz0465_92290245.xml | GATT_152 | 691 | 4,796 | UNITED NATIONS NATIONS UNIES RESTRICTED
E/PC/T/190
ECONOMIC CONSEIL 2 September, 1947
original . ENGLISH
AND ECONOMIQUE
SOCIAL COUNCIL ET SOCIAL
SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT
The Secretariat has received the following commiunication which
is circulated herewith for the information of Delcgations:
"Sir:
The Cuban, Delegation does not know if the text of Article
14 of the Draft Charter, as approved in Geneva, will be main-
tained or not, but wishing to comply with all the provisions of
said text, as well as the General Agreemeiit on Tariffs and
Trade, if we choose to sign it, we hereby notify you, and
through you the other signatory Governments, of the existence
of a quota system in the Republic of Cuba, which covers the
production and importation of condensed milk; trimmings,
galleons and ribbons; tallow; quebracho; textiles; rubber
goods; and rice.
This quota system has been imposed for the establishment
r development of the particular industries above mentioned.
Yours very truly,
/s/ S. I. Clark
Sergio I. Clark
Chairman
Cuban Delegation.
RESTRICTED
DEUXIEME SESSION DE LA COMMISSION PREPARATOIRE DE LA CONFERENCE
DU COMMERCE ET DE L'EMPLOI DE L'ORGANISATION DES NATIONS UNIES
Le Secrétariat a reçu la communicatinn suivante qui est repro-
duît ci-aprùs, oour l'informatirn des délégations
"Monsieur,
La Délégation cubaine ignore si le texte C l'article l4
du projet de Charte, tel qu'il a été approuvé à Genève; sera ou
non maiiatonu; zais, désirant se conforrer 4 bou"us dispositions
du di.t texte' ainsi qu'à l'Accord général sur les tarifs douaniers
et le commerce, au cas ou son Gouvernement deciderait de le signer,
elle tient a vous faire connaitre et, par votre intermédiaira
notifier aux autres gouvernements signataires, qu'il existe, dans
la République de Cuba, un système de contingentements qui s'applique
à la production et à l'impnrtation du lait condensé, des garnitures,
galons et rubans, du suif, du quebracho, des textiles, des articles
en caoutchouc et du riz.
Ce sy^stème de contingentement a été impose par la
nécessité de créer ou de développer les diversesindustries
mentionnées ci-dessus.
Veuillez agréer, etc.
/s/ S. I. Clari
President de la Délégation cubaine.
UNITED NATIONS UNITED NATIONS NATIONS UNIES RESTRICTED
ECONOMIC CONSEIL E/PC/T/191
AND ECONOMIQUE 6 September 1947
ORIGINAL: ENGLISH
SOCIAL COUNCIL ET SOCIAL.
SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMbLOYMNT
REPORT OF THE AD HOC SUB-COMMITTEE
OF THE TARIFF AGREEMENT COMMITTEE
ON PARAGRAPH 3 OF ARTICLE II
At its ninth meeting, the Tariff agreement Committee appointed
a Sub-Cormittee with the following terms of reference:
"To devise means of incorporating the results of
negotiations pursuant to Article 31 of the Draft
Charter and of providing for cases where tariff
concessions already negotiated are liable to be
affected by the creation of a state trading
monopoly "
Representatives of the following Delegations were appointed
members of the Sub-Committee:
Canada
Czechoslovakia
France
Norway
United Kin-dom
United States of America
Mr. MELANDER (Norway) was elected Chairman.
The Sub-Committee held three meetings and reached agreement on
the attached text which it recommends in substitution for the present
text of paragraph 3 of Article II.
The Sub-Comnittee recommends this text of paragraph 3 in the
belief that, except where otherwise specifically agreed between the
parties to a particular negotiation) the concept of protection by
a state monopoly would necessarily follow the-provisions of AruIcl1e 31
of the Draft Charter annexed to the Protocol. The Sub-Committee
further recommends that a note to this effect be included in tho
Protocol of interpretative Notes, 2
Purntriiph 3 of ILIrtc1lo Il
If any contractin,; party cistablislhes, main'iains or authorizcoi,
fiorrlLllly or in er'ect, a monopcly of' the importLtiofl ofI any
product described in th2i tppropriate Schedulae annoxod to this
>srecl-cnt sucb monopoly shall not, except as provided in thc
Schedule or a.s othùrwïse agreed between the parties to the
ncGotiation of tho concession, operate so as to afford protection
on tha average in excess of tho amount of protection provided for
` n such Schedule, This paragraph shall not lirait the use by
contà`act'.n, patios oIf any form of assistance to domestic
P)rodAcors pormittod by other provisions of this àgreement. |
GATT Library | xh989nd2448 | Second Session of the Preparatory Committee of the United Nations Conference on Trade and Employment | United Nations Economic and Social Council, June 18, 1947 | United Nations. Economic and Social Council | 18/06/1947 | official documents | E/PC/T/102.Corr.1 and E/PC/T/92-105 | https://exhibits.stanford.edu/gatt/catalog/xh989nd2448 | xh989nd2448_92290120.xml | GATT_152 | 110 | 687 | UNITED NATIONS
ECONOMIC
AND
SOCIAL COUNCIL
NATIONS UNIES RESTRICTED
CONSEIL June 18, 1947
ECONOMIQUE English only.
ET SOCIAL
SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT.
Note 17 on page 12 of the Report of Sub"Committee Il on
Chapter VI should read as follows:
"17. U.K. amendment to Article 45.
It should bo mentioned that as was
made clear by the U.K. representative at the
4th meeting of Commission B, the U.K. Delegation
cannot decide as to the withdrawal of its
proposed amendment to this Article until
a decision has been reached in regard to the
proposed new Article 44 - A. " |
GATT Library | ww471zf1153 | Second Session of the Preparatory Committee of the United Nations Conference on Trade and Employment | United Nations Economic and Social Council, August 14, 1947 | United Nations. Economic and Social Council | 14/08/1947 | official documents | E/PC/T/170 and E/PC/T/169-178 | https://exhibits.stanford.edu/gatt/catalog/ww471zf1153 | ww471zf1153_92290213.xml | GATT_152 | 3,561 | 24,267 | UNITED NATIONS
ECONOMIC CONSEIL UNRESTRICTED
AND ECONOMIQUE E/PC/T/170
SOCIAL COUNCIL ET SOCIAL 14 August 1947
SECOND SESSION OF THE PREPARATORY COMMITTTE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT
CHAPTER VII - INTER-GOVERNMENTAL COMMODITY AGREEMENTS
Note: The following text of Chapter VII, "Intergovernmental
Commodity Agreements", of the draft Charter of the
proposed International Trade Organization has been
approved in Commission at the Second Session of the
Preparatory Committee of the United Nations Conference
on Trade and Employment, in the light of the
recommendations of the Preparatory Committee's Legal
Drafting Committee. The text has yet to be approved
in Plenary Session.
References in this text to other parts
of the Charter retain the numbering of the New York
text (Report of the Drafting Committee of the
Preparatory Committee of the United Nations Conference
on Trade and Employment E/PC/T/34). These references,
as wel' as the numbering in this Chapter itself, will
be adjusted as soon as the complete new text of the
draft Charter is approved.
SECTION A - INTRODUCTORY CONSIDERATIONS
ARTICLE 46
Difficultiès relating to primary commodities
The Members recognise that the conditions under which
some primary commodities are produced, exchanged ana consumed
are such that international trade in these commodities may be
affected by special difficulties such as the tendency towards
persistent disequilibrium between production and consumption,
the accumulation of burdensome stocks and pronounced
fluctuations in prices. These special difficulties may have
serious adverse effects on the interests of producers and
consumers, as well as widespread repercussions jeopardising
the general policy of economic expansion. The Members
recognise that such difficulties may, at times, necessitate
special treatment of the international trade in such
commodities through inter-governmental agreement.
XNote: In Article 46, in speaking of the need to adopt "special
treatment of the international trade in such commodities", the
Preparatory Committee had in mind merely that international
trade is the aspect of a particular commodity problem directly
appropriate for international treatment. It was understood,
however, that agreement regarding the treatment of the inter-
national trade in a commodity might involve agreement regarding
production or consumption of the commodity.
NATIONS UNIES E/PC/T/170
page 2.
ARTICLE 47
Primary and related commodities
1. For the purposes of this Chapter, the term "primary
commodity" means 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 market-
ing in substantial volume in international trade.
2. The term shall also cover a group of commodities, of
which one is a primary commodity as defined in paragraph 1 of
this Article and the others are commodities (whether primary
or non-primary) which are so closely related as regards
conditions of production or utilisation, to the other
commodities in the group, that it is appropriate to deal with
them in a single agreement.
3. If, in exceptional circumstances, the Organisation finds
that the conditions set forth in Article 53 exist in the case
of a commodity which does not fall precisely under paragraphs
1 or 2 of this Article, the Organisation may decide that the
provisions of this Chapter, together with any other requirements
it may establish, shall apply to inter-governmental agreements
regarding that commodity.
ARTICLE 48
Objectives of inter-governmental commodity agreements
The embers recognise that inter-governmenntal commodity
agreements may be employed to achieve the following objectives:
(a) to prevent or alleviate the serious economic diffi-
culties which may arise when adjustments between production
and consumption cannot be affected by normal market forces
alone as rapidly as the circumstances require;
(b) to provide, during the period which may be necessary,
a framework for the consideration and development of measures
which have as their purpose economic adjustments designed to
promote the expansion oe consumption or a shift of resources
and manpower out of over-expanded industries into new and
productive occupations;
(c) to moderate pronounced fluctuations in the price of
a primary commodity with a view to achieving a reasonable
degree of stability on .a basic of prices fair to consumers and
remunerative to efficient producers, having regard to the
desirability of securing long-term equilibrium between the
forces ot supply and demand;
(d) to maintain and develop the natural resources of the
world and protect them from unnecessary exhaustion;
(e) to provide for the expansion of the-production of a
primary commodity where this can be accomplished with
advantage to consumers and producers;
(f) to assure the equitable distribution of a primary
commodity in short supply. E/PC/T/170
Page 3
SECTION B - INTER-GOVERNMENTAL COMMODITY AGREEMENTS IN
GENERAL
ARTICLE 49
Commodity Studies
1. Any Member which is substantially interested in the
production or consumption of, or trade in, a particular
primary commodity, and which considers that international
trade in that commodity is, or is likely to be, affected by
special difficulties, shall be entitled to ask that a stud,
of the commodity be made.
2. Unless it decides that a prima faie case has not been
established, the Organisation shall promptly invite each
Member to appoint representatives to a study group to make
a study of the commodity if the Member considers that it is
substantially interested in the production or consumption of,
or trade in, the commodity. Non-Members may also be invited.
3. The study group shall promptly investigate the
production, consumption and trade situation in regard to the
commodity, and shall report to the participating Governments
and to the Organisation its findings and its recommendations
as to how best to deal with any special difficulties which
may exist or may be expected to arise. The Organisation
shall promptly transmit to the Members these findings and
recommendations.
ARTICLE 5O
Commodity Conferences
1. On the basis of the recommendations of a study group,
or at the request of Members whose interest represents a
substantial part of world production or consumption of, or
trade in, a particular primary commodity, the Organisation
shall promptly convene an inter-governmental conference to
discuss measures designed to meet the special difficulties
which exist or are expected to arise. The Organisation may
also on its own initiative, call such a conference on the
basis of information agreed to be adequate; by the Members
substantially interested in the production or consumption of,
or trade in, the commodity concerned.
2. Each Member which considers that it is substantially
interested in the production or consumption of, or trade in,
the commodity concerned, shall be invited to participate in
such a conference. Non-Members may also be invited to
participate. E/PC/T/170
page 4
ARTICLE 51
General Principles governing Inter-Governmental
Commodity Agreements
1. The Members shall observe the following principles
governing the conclusion and operation of all types of
inter-governmental commodity agreements:
(a) such agreements shall be open to participa-
tion initially by any Member on terms no less favourable
than those accorded to any other country and thereafter in
accordance with such procedure and upon such terms as may
be established in the agreement subject to approval by the
Organisation;
(b} non-Members may be invited by the Organisation to
participate in such agreements and the provisions of sub-
paragraph (a) applying to Members shall apply to any non-
Member so invited;
(c) Under such agreements there shall be equitable
treatment as between participating countries and non-
participating Members, and the treatment accorded by
participating countries to non-participating Members shall be
no less favourable than that accorded to any non-participating
non-Member, due consideration being given in each case to
policies adopted by non-participants in relation to obliga-
tions assumed and advantages conferred under the agreement;
(d) such agreements shall include provision for
adequate participation of countries substantially interested
in the importation or consumption of the commodity as well
as those substantially interésted in its exportation or
production;
(e) full publicity shall be given to any inter-govern-
mental commodity agreement proposed or concluded, to the
statements of considerations and objectives advanced by the
proposing Members, to the nature and development of measures
adopted to correct the underlying situation which gave rise
to the agreement and, periodically, to the operation of the
agreement.
2. The Members, including Members not parties to a
particular commodity agreement, shall give favourable considera-
tion to any recommendation made under such agreement for
expanding consumption of the commodity in questions.
ARTICLE 52
Types of Agreements
1. For the purposes of this Chapter, there shall be
recognised two classes of inter-governmental commodity agree-
ments:
(a) commodity control agreements as defined
in this Article; and E/PC/T/170
page 5
() other inter-governmental commodity agreements.
2. Subject to the provisions of paragraph 5 of this Artiole,
a commodity control agreement is an inter-governmental agree-
ment which involves:
(a) the regulation of production or the quantitative
control of exports or imports of a primary commodity and which
has the purpose or might have the effect. of reducing, or
preventing an increase in, the production of, or trade in, that
commodity; or
(b) the regulation of prices.
3. The Organisation shall, on the request of a Member, a
study group or a commodity conference, decide whether an
existing or proposed inter-governmental agreement is a commodity
control agreement within the meaning of paragraph 2 of this
Article.
4. (a) Commodity control agreements shall be subject to all
the provisions of this Chapter.
(b) Other inter-governmental commodity agreements shall
be subject to the provisions of this Chapter other than those
of Section C. If, however, the Organisation decides that an
agreement which involves the regulation of production or the
quantitative control of exports or imports is not a commodity
control agreement within the meaning of paragraph 2 of this
Article, it shall prescribe the provisions of Section C, if any,
to which that agreement shall conform.
5. The Organisation may decide that an existing or proposed
inter-governmental agreement which has the purpose of
securing the co-ordinated expansion of aggregate world
production and consumption of a primary commodity is not a
commodity control agreement oven though the agreement contains
provision for the-future application of minimum prices.
However, any such agreement shall be deemed to be a commodity
control agreement and shall conform to all the provisions of
Section C from the date on which its minimum price provisions
become operative.
6. The Members undertake not. to enter into any new
commodity control agreement, unless ït has been recommended by
a conference called in accordance with Article 50. If, in an
exceptional case, there has been unreasonable delay in the
proceedings of the study group or of the commodity conference,
Members substantially interested in the production or
consumption of, or trade in, a particular primary commodity,
may proceed by direct negotiation to the conclusion of an
agreement, provided that it conforms to the other provisions
of this Chapter.. SECTION C - INTER-GOVERNMENTAL COMMODITY
CONTROL AGREEMENTS
ARTICLE 53
Circumstances Governing the Use of Commodity Control Agreements
1. The Members agree that commodity control agreerments may
be employed only when it is determined that:
(a) a burdensome surplus of a primary commodity has
developed or is expected to develop, which, in the
absence of specific governmental action, would cause
serious hardship to producers among when are small
producers who account for a substantial portion of the
total output, and that these conditions could not be
corrected by normal market forces in time to prevent
such hardship, because, characteristically in the case
of the primary commodity concerned, a substantial
.reduction in rice does not readily lead to a
significant increase in consumption or to a significant
decrease in production; or
(b) widespread unemployment or under-employment in
connection with a prirmary commodity, arising out of
difficulties of the kind referred to in Article 46,
has developed or is expected to develop, which, in. the
absence of specific governmental action, would not be
corrected by normal market forces in time to prevent
widespread and undue hardship to workers because,
characteristically in the case of the industry concerned,
a substantial reduction in price does not readily lead
to a significant increase in consumption but to a
reduction of employment, and because areas in which the
commodity is produced in substantial quantity do not
afford alternative employment opportunities for the
workers involved.
2. Determinations under this Article shall be made through
the Organization by consultation and agreement among Meribers
substantially interested in the commodity concerned.
ARTICLE 4
Additional Principles Governing Commodity Control Agreements
The Members shall observe the following principles
governing the conclusion and operation of commodity control
agreements in addition to those stated in Article 51:
(a) such agreements shall be designed to assure the
availability of supplies adequate at all times for world demand
at reasonable prices* and, when practicable, shall provide for
measuress designed to expand world consumption of the commodity;
* Note: It is recognized that the term "reasonable" as applying
to prices in sub-paragraph (a) is to be interpreted as in
Article 48(c). E/PC/T/170
page 7
(b) under such agreements, participating countries which are
largely interested in imports of the commodity concerned shall,
in decisions on substantive matters, have together a number of
votes equal to that of those largely interested in obtaining
export markets for the commodity. Any participating country,
which is largely interested in the commodity but which does
not fall precisely under either ot the above classes, shall
have an appropriate voice within such classses;
Note:
Under sub-paragraph (b) it is intended:
ti) that there shall be no more than two groups of
countrios within an agreement, and that the
principle or "equal voice" in substantive Matters
shall apply as between them;
(ii) that countries which are large producers and
consumers of the commodity concerned, but which
are not s.large exporters or importers, shall have
un appropriate voice.
It is recommended that any difference on voting
arranegements which cannot be settled in a commoodity
conference should be dealt with in the same manner as
laid down in Article 57(b) for the settlement of
differences concerning commodity control agreements.
(c) such agreements shall make appropriate provision to
afford increasing opportunities for satisfying national
consumption and world market.requirements from sources from
which such requirements, can be supplIed in the most affective
and economic manner, due regard being, had to the need for
prevonting serious economic and social dislocation and to the
position of producing areas suffering from abnormal
disabilities;
(d) participating countries shall formulate and adopt programmes
of internal economic adjustment believed to be adequate to
ensure as much progress us practicable within the duration of
the agreement towards solution of the commodity problem
involved.
ARTICLE 55:
administration of Commodity Control Agreements
1. Bach commodity control agreement shall provide for the
establishment of a govering body, herein referred to as a
Commodity Council, which shall operate in conformity with the
provisions of this Article.
2. Each participating country shall be entitled to have one
representative on the Commodity Council. The voting power of the
representatives shall be determined in such a way as to conform
with the provisions of Article 54(b).
3. The Organization shall be entitled to appoint a non-voting
representative to each Commodîty Council and ,ay invite any
competent inter-governmental organization to nominate a non-
voting representative for appoïntment to a Commodity Council. E/PC/T/170
page 8.
4. Each Commodity Council shall appoint a non-voting, chairman
who, if the Council so reqiuests, may be nominated by the
Organization.
5. The Secretariat of each Commodity Council shall be
appointed by the Council after consultation with the Organization.
6. Each Commodity Council shall adopt approriate rules of
procedures and regulations regarding its activities. The
Organization may at any time require their amendement if it
finds that they are inconsistent with the provisions of this
Chapter.
7. Each Commodity Council shall make periodic reports to the
Organization on th, operation of the .agreement which it
administers. In addition it shall make such special reports
as the Organization may require or as the Council. itself
considers to be of value to the Organization.
8. The expenses of a Commodity Council shall be borne by the
participating countries.
9. When an agreement is terminated, the Organi.ation shall
take charge of the archives and statistical material of the
Commodity Council.
ARTICLE 56
Initial Term, Review and Renewal of Commodity Control Agreements
1. Commodity control agreements shall be concluded for a
period of not more than five years. Any renewal of a commodity
control agreeement, including agreements referred to in paragraph
1 of Article 59, shall be for a period not exceeding five years.
The provisions of such renewed agreements shall conform. to the
Provisions of this Chapter.
2. Periodically, at intervals not greater than three years,
the Organization shall prepare and publish a review of the
operation of each agreement in the light of the principles set
forth in this Chapter. Moreover, a commodity control agreement
shall provide that, if the Organization decides that its
operation has failed substantially to conform to the principles
laid down in this Chapter, participating countries shall either
revise the agreement to conform to the principles or terminate
it.
3. Commodity control agreements shall include provisions
relating to withdrawal of any party.
ARTICLE 57
Settlement of Disputes
Each commodity control agreement shall provide that:
(a) any question or difference concerning the
interpretation of the provisions of the agreement or
arising out of its operation shall be discussed
originally by the Commodity Council; E/PC/T/170
page 9.
(b) if the question or difference cannot be resolved
by the Council in the terns of the agreement, it shall
be referred by the Council to the Organization which
shall apply the procedure set forth in Chapter VIII
with appropriate adjustments to cover the case of non-
Members. E/pC/l2/170
1<l.'20,
SECTION D - M ;CELLMMOUS PlPJVISION\,S
ARUTICLUE, 5
Rc-lai, ans srit. Inr1QQ-pfov'rnrsç nt,:1' Orwn,±izSl,,; t tcris
WJi.th thû object of ersiurirc' apprapriLt~ ca-'yeratian in
matterss rolatinr: to inter-bovarn-inriti1 co, ;.iodity a ear. cnts,
any int rr-Covirnr.1cInta1 aranization, which iz dv`C:2:IO to be coin-
petent by Lha OrCanizaticm, such as the FoDd and iA : riciltiiro
OrZxniza tion, s.;h.al be entitlcdl
(a) to attend any study eroup or cor.:nioa'.ity cinforüncae,
(b) to ask that a study of' u irrinary coLcaodity b- ,-ade,
(c) to :;ibinit to the Organizatiori an,' rU1ova1it study ci'
a l'rir.,a.ry coincr1dity, an1d, on the baz i thOr; of, to ro-
co:l:ei:Inr1 i;s the Organi:ctitîon th:it fui'u2her studylI o f '-1
co..tL-odity be riade or that a co.c3.lit' c'nfcar ne1Oc bc
Colivonod.
ARTICLE 59
Olirrati aDii ? ofI'emor s re pn.rrini- existinrr ;xn nrd i o±Coniniodity
1. 'Mer ,bcrs shall transmit ta tha Orç ani atîan the full text
of each inter--,ovcrn.rLntal cam2aclity a1,reezont in whîch they are
participating at the tima they beco;ie .-i:ibors of the Or.raniza-
tion. LIci-.bors shall t er:-,nsnmi ta tho rr anlzatian .: .:;riato
infor nationn ragardinrg the formulation, iroviLsions arid oi:>aratior
of such asrhallnts. :le::bcrs shail confoarm with the cThcisioris
madb by the GrËanization regL;rrng thiir ccnitinuorld Participation
in any such int cr-govern-nantal ca,:unodity a::reenc-rnt which, after
review by the Organization, shalA' have beorL found to be inzon-
sistent with the provisions of this Charpter.
2. Meribars shall transit ta the Or,-ania,,tion apprapriato
inforlia^tiari ré^:`I'din:' ,lany najjtintiOns inl v.'hich Liio:' re :n-
ticipating at the tine tho-.ba :Ùar&10oe1 C_' -'' ranizat:h'%
for thc conclusion f an intcr-,avarrir.onti com;rI 1it.cI'.OmrIt,
Morbcers shxll conforii: with decisiaris made by the Oroailization
regarding their continueci participation in any such :-eaotiatiaris.
The Or-anizztion nzay dispense with the requiro:fants of . study
group or a commodity conference, if it finds th,::, unnacazsary
in the Mi'1ht of the n-a2tiations.
AliTiLE (O
Târr!toril- Aprlilcatlon
For the purposes of this Chnapter, th,- trroms 'h r' and
"non-Mo.ibo3r" shall rican resp)cctivaly a 'Mombur anil nan-;Ibr!ibor
of the Or-anization with its dependent territories. I a Uembar
or non-Mleribr and its dependent territoaies for-, aa t:rouI'7 of
which a a or more units are nainiy intorestùeo: ii thcj axa:port Oc
a coa.-iodity and one or more in tho import of the c,.:.mod:Lty,
there may be cithor joint represuntation for aile e territories
within the ,rcup or, where it i.s sa dosirod, sepiate ronresrta-
tion for the territories mainly interested in exaortat.on and
separate roprcscntation for the territories r-.ainly intorostcd in
importation. E/PC/T/170
page 11
ARTICLE 61
Exceptions to Provisions Relating to Inter-governmental
Commodity Agreements
1. The provisions of this Chapter shall not apply:
(a) to any bilateral inter-governmental agreement
relating to the purchase and sale of a commodity
falling under Section E of Chapter V;
(b) to any, inter-governmental commodity agreement
involving no more than one exporting country and
no more than one importing country, and not covered
by sub-paragraph (a) above; Provided that if, upon
complaint of a non-participating Member, the Organi.-
sation finds that the interests of that Member are
seriously prejudice by the agreement, the agreement
shall become subject to such provisions of this
Chapter as the Organization .ay prescribe;
(c) to those provisions of any inter-governmental
commodity agreement which are necessary for the
protection of public morals or of human, animal or
plant lilfeor health; Provided that such agreements
are not used to accomplish results inconsistent with
the objectives of Chapter 'Vi or Chapter VII.
2. The provisions of Articles 149 and 50 and of Section C of
this Chapter shall not apply to inter-governmental commodity
agreements found by the Organization to relate solely to the
equitable distribution of commodities in short supply.
3. The provisions of Section C of this Chapter shaIl not
apply to commodity control agreements found by the Organization
to relate solely to the conservation of exhaustible natural
resources. |
GATT Library | vy706pm3874 | Second Session of the Preparatory Committee of the United Nations Conference on Trade and Employment | United Nations Economic and Social Council, August 15, 1947 | United Nations. Economic and Social Council | 15/08/1947 | official documents | E/PC/T/169 and E/PC/T/169-178 | https://exhibits.stanford.edu/gatt/catalog/vy706pm3874 | vy706pm3874_92290212.xml | GATT_152 | 204 | 1,475 | ECONOMIC CONSEIL RESTRICTED
AND ECONOMIQUE E/PC/T/169
15 August, 1947.
SOCIAL COUNCIL ET SOCIAL ORIGINAL: ENGLISH
SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT.
The Executive Secretary has received a telegram from a
Conference of film workers recently held at MARIASKE LAZNE -
Czechoslovakia - protesting against the proposal to include
provisions regarding films in Article 15 of the Charter, on the
grounds that it is undesirable that films should be dealt with
in the same way as industrial products or raw materials.
This telegram is available for inspection by any interested
Delegation.
DEUXEEME SESSION DE LA COMMISSION PREPARATOIRE
DE L CONFERENCE DU COMMERCE ET DE L' EMPLOI DE
L'ORGANISATION DES NATIONS UNIES.
Le Secrétaire exécutif a reçu des travailleurs de
l'industrie cinématographique récemment réunis en Congrès à
MARIANSTE LAZNE - Tchécoslovaquie - un télégramme protestant
contre la proposition tendant à introduire dans l'article 15
de la Charte des dispositions concernant les films. Cette
protestation se fonde sur le fait qu'il n'est pas souhaitable
que les films soient traités de la même manière que les
produits industriels ou les matières premières.
Ce télëgramme est à la disposition de toutes les
délégations qui désireraient l'examiner.
NATIONS UNIES
UNITED NATIONS |
GATT Library | yq596mj0896 | Second Session of the Preparatory Committee of the United Nations Conference on Trade and Employment | United Nations Economic and Social Council, April 15, 1947 | United Nations. Economic and Social Council | 15/04/1947 | official documents | E/PC/T/INF.19 and E/PC/T/INF/1-22/REV. 1 | https://exhibits.stanford.edu/gatt/catalog/yq596mj0896 | yq596mj0896_90200439.xml | GATT_152 | 83 | 602 | UNITED NATIONS
ECONOMIC
AND
SOCIAL COUNCIL
NATIONS UNIES CONSEIL
ECONOMIQUE
ET SOCIAL
UNRESTRICTED
E/PC/T/INF. 19
15 April 1947.
ORIGINAL: ENGLISH.
SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT.
Preparatory Committee
First Meeting in Executive
Session
10:30 a .m.
SECONDE SESSION DE LA COMMISSION PREPARATOIRE DE
LA CONFERENCE DU COMMERCE ET DE L'EMPLOI
DE L'ORGANISATION DES NATIONS UNIES.
Commission Préparatoire
Première séance en
Comité exécutif
10 h. 30 Salle de
Comité
VII
Committee
Room VII
Private
Privé |
GATT Library | xw196ck6770 | Second Session of the Preparatory Committee of the United Nations Conference on Trade and Employment | United Nations Economic and Social Council, August 20, 1947 | United Nations. Economic and Social Council | 20/08/1947 | official documents | E/PC/T/A/PV/34/Corr.3 and E/PC/T/A/PV.34-36 | https://exhibits.stanford.edu/gatt/catalog/xw196ck6770 | xw196ck6770_90240178.xml | GATT_152 | 207 | 1,345 | RESTRICTED
ECONOMIC CONSEIL E/PC/T/A/PV/34/Corr.3
AND ECONOMIQUE 20 August, 1947
SOCIAL COUNCIL ET SOCIAL ENGLISH ONLY.
SECOND SESSION OF THE PRMARATORY COMMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT
Corrigendum to the Verbatim Report of the Thirty-fourth
Meeting of Commission A (E/PC/T/A/PV/34)
The remarks of Mr. Leddy (United States) in document
E/PC/T/A/PV/34 should be corrected as follows:
p. 6, line 13. - The word "consider" should read "delete".
p. 9, line 15. - The first two sentences should read as follows:
"I do not think it has yet been decided
that the Charter will not be signed. I think
it may well be that we may wish to have a
signature, and the more fact that there is
provision for an acceptance procedure does not
prevent signature."
p. 13, lines 3-7.- These lines should read as follows:
"I believe that that note is intended to
apply not to the whole of Article 17 but is
pertinent only to paragraph 6, involving the
possible use of quantitative restrictions. It
should therefore be moved as a comment to
paragraph 6 and amended to refer to paragraph 6.
p. 38, lines 12 and 24. - The word "illogical" appearing in
these lines should read "logical".
UNITED NATIONS
NATIONS UNIES |
GATT Library | xd063jb7987 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment | United Nations Economic and Social Council, June 6, 1947 | United Nations. Economic and Social Council | 06/06/1947 | official documents | E/PC/T/W/174 and E/PC/T/W/151-176 | https://exhibits.stanford.edu/gatt/catalog/xd063jb7987 | xd063jb7987_90050311.xml | GATT_152 | 0 | 0 | |
GATT Library | wm239bz3916 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment | United Nations Economic and Social Council, August 29, 1947 | United Nations. Economic and Social Council | 29/08/1947 | official documents | E/PC/T/W/311 and E/PC/T/W/307-344 | https://exhibits.stanford.edu/gatt/catalog/wm239bz3916 | wm239bz3916_90050463.xml | GATT_152 | 0 | 0 | |
GATT Library | zm253dw1210 | Second Session of the Preparatory Committee of the United Nations Conference on Trade and Employment | United Nations Economic and Social Council, April 18, 1947 | United Nations. Economic and Social Council | 18/04/1947 | official documents | E/PC/T/INF/24 and E/PC/T/INF/22/REV. 1-66 | https://exhibits.stanford.edu/gatt/catalog/zm253dw1210 | zm253dw1210_90200452.xml | GATT_152 | 789 | 4,840 | UNITED NATIONS NATIONS UNIES
ECONOMIC CONSEIL Restricted E/PC/T/INF/24
AND ECONOMIQUE 18 April, 1947
SOCIAL COUNCIL ET SOCIAL
SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT.
TO: All Delegations
All members of delegations are asked to take note of
the following matters:
1. Security
Guards posted at entrances to the Security Block
have been given strict instructions to admit no one
.unless a Socurity Block pass is produced. Delegates
are urged to co-operate in ensuring. that security is
made as effective as possible by insisting on showing
their passes on all occasions.
Tho main ontrance to the Socurity Block is through
Doorway No. I. Number I elevator and stairway will
.guive direct access to the 2nd, 3nd and 4th floors.
The Socurity Block can also bo ontored on the 3rd and
4th floors by way of elevator and stairway No. 5.
Finally, there is an ontranoc on the 2nd floor by way
.of clevator and stairway No. 2.
All visitors or porsons not in possession of
Security Block passes having appointmonts with or
wishing to interview members of (delegations in their
offices will require to onter the Scourity Blook by way
of Doorway No. I. Visitors will be obliged to fill out
a slip which will be furnished by the guard who will
also confirm by telephone that the person to be
interviewed is available and sco that the visitor is
thon cscourted by a mossenger to the office of tho
member of the delegation concerned. It will be the
lattor's responsibility when the interview is ended
to oscourt thevisitor back to the entrance, or to
oall for a mossenger for this purpose. The visitor
will be obliged to surrender his slip on departuro
which should be countor-signed by the member of the
delegation whom he has interviewed.
in special cases where a definite appeintment has
been made by a member of a delegation, the admittance
of a visiter might be facilitated by the necessary
information being furnished to the guard in advance.
P. T. 0. E/PC/T/INF/ 24
Page 2.
A 24 hour guard will be maintained on Doorway No. I.
On the other doors giving, access to the Security Block
guards will be on duty from 8 a.m. until midnight,
Monday through Saturday. After midnight and on
Sundays the only moans of ontry or oxit to the Security
BIocck will be by way of Docrway No. I.
2. Keys to Offices
Keys to offlice rooms rnay be obtained on application
to Mr. Stahel, Room 29, Tel: 2505. Keys will be handed
over on production of a Delegation Pass. They will
have to be signea for and returned at the end of the
coneferece. In oases where delegations are using
cupboards for the purpose of locking up confidential
papers, and it is desired to ensure that no duplicatos
to the keys of such cupboards are in anyone clse's
possession, Mr. Stahol is authorized to issue on
request all duplicate keys of any particular cupboard
being used for this purpose. The procedure for
issuing keys of cupboards will be the same as that for
issuing keys of doors. Cloaners will be the only
persons authorized to use the pass-key for the purpose
of ontering locked offices. If any member of a
delegation at any time does not wish cloaners to enter
his room, he should report this fact to the guard at
Deer No. I who will give instructions to the clcaners
not to use a pass-key in this instance.
3. Documents
Any documents which delegations wish to be
reproduced must be submmittee to the documents cloarance
office, Room, 220. This applies to all categories of
Preparatory Committee documents unrestricted,
restricted and secret) as well as to those intended for
dolegation purposes only. Any enquiries concerning
documents production or distribution .should be
addressed to Miss Brody, Room 220, Tel: 2247.
4. Invitations
To assist delegations in avoiding overlapping in
tha arrangement of ontertainments, one of the Secrotarios
of the Office of Conference Services (Miss Delbo,
Room 166, Tel: 2106) will keep a list of all social
functions notified to her by delegations. She will be
able to give advice as to the facilities available.
The actual organization of ontortainments as well
as all questions of protocol must be left to the
delegations themselves.
5. Films
Facilities are available for the showing of films
in the building. The ainema is on the ground floor of
the Council Fuilding, entrance by Doorway No. 6; it
has a seating capacity of 156 persons.
6. Members of delegations are particularly requested
to avoid everleading elevators and to see before
leaving their offices each evening that the windows
are closed, the blinds rolled up and the lights put out. |
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