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GATT Library | zv762vq5755 | 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/zv762vq5755 | zv762vq5755_90050311.xml | GATT_152 | 713 | 4,955 | ECONOMIC CONSEIL RESTRICTED
AND ECONOMIQUE E/PC/T/W/174
SOCIAL COUNCIL ET SOCIAL 6 June 1947
SECONDS ESSION OF TE PREPARATORY COMMITTEE OF THE
UNITED NATIOS COIFELERCE ON TRADE AND EMPLOYMENT.
The fellowing Cobservations are ciroulated for information upon
the request of the Czechoslovak Delegation.
Observzations of the Czechoslovak Delegatien on the
amendments of the U.S. Delegation concerning inter-
national investments.
(Art. 9 and 12 of the Draft Charter).
In the opinion of the Czechoslovak Delegation, the
meaning of the U.S. amendments as they were explained by
Mr. Wilcox is as follows:
(1) National treatment for the existing and future
investors, i.e. equality with the citizens of the respective
country.
(2) Most-favoured-nation treatment with regare to
investment opportunities to be extended to a11 countries.
(3) Compensation for nationalized property to be
paid promptly which may imply even more favourable treatment
of the foreign country conctrnea than to own natiQxnals.
The Czechoslovnk Dele*,&tion recognizes thit
(a) the movement of international public end privPte
capital intG proô.uctivc investment is -in important mep.ns of
economic development and reconstruction
(b) the Members should not tuke uny unreasonable
Action which mieht prove injurious to the interests of
Members or their nationals who supD1y thom with capital
(c) the foreign investor should receive just and
equitable treR.tment, no less favournble than thct accorded
to the Member's own zv tionels.
There nre rmany complic ftea probluffis involved in inlter-
nrtionr1 investment whi¢h cnn be divided into tvio distinct
cRtegories:
(a) internatic\nsJ.l aovcrnmentpl -'nd private investment
in the form of 10ans etc.
(b) direct inveestment in the form of participation in
order to control in whole or in part foreign enterprise or
indirect investment consistiner of foreign holdings, stocks
nnd bonds etc.
UNITED NATIONS
NA4TIONS UNIES E/PC/T/W/174
Page 2.
In the opinion of the Czechoslovak Delegation inter-
national investment mentioned sub (a) should be given first place
due to the beneficial results which have alredy been seen from
its application. It seems, however, doubtful wehether m.f.n.
treatment can be applied here. The difficulties are not those
which are usually connected with the debtor and it can be
claimed that m.f.n. trertm.rit should apply at least to the same
extent to the creditor as to the debtor. Tha czechoslovak
Delegation assumes that the provisions of Article 12 paragraph i
and paragraph 2 in their pesetant form cover this point clearly,
As to the second category of investment, it should be
admitted that foreign investment may be as certain or uncertain
as domestic investment and that the subjective feeling of
uncertainty is genorally compensated by the fact that foreign
investmnent is usunally made, because a higher rc-turn of capital
is expeected.
Foretign investment is usually considered by the
creditor country as p5trt of its nitiorwl domain which means
that the influence of the government concerned follovws its
citizens und c2pitql abroad and that in the c'se of difficulties
official intervention naty bt. .xpect(e. Thcrc hmve been mpny
instances in thu past where diplorwvtic Pction has led to
dangerous inttrnrtio,3ln friction, (e.g. Gerwian peiletration-
Miannsmnann-iiito IMorocco nnd the Agadir Criais; German capital
participation in the Blkans; Itaiîan investment in Tripoli,
when in 1l1Sl thL Eanco di homn pressed the Itali9n government
into vwarlike action etc.)
Countries zenernlly cannot accord m.f.n. treatment
or nE:tional ti-vtaient to foreign investor s of category (b)
bécuae if thcy do not cômit unconitrollea im.mig-r!tion they
cnnnot'Rdinit uncontrolled investment under Pny provision of the
ChartEr which Ehould heve universel SpplicwtiOn.
At its First SEession, tht Prep rtrtory Cominitteo, when
discuËsini Gtnerurl Coaimr.rc;ial Policy (Lonldon Ruport, pa.rc 9,
Chapter 111, Seution A, paxacraph I d,ii), v4eiz of the opinion
"that questions relatine to the trEatment of national etc.
should be the subject of future agreements developed under the
auspices of ITO us contempl!,.ted undcr pertarn.ph 5 Artà.cle
61 of the Chvirter."
This provision vias included into Article 61 (c) of
the D.C. Chlitvr.
As the question of investors participating directly
in foicign enterprisEs falls, in the view of the Czechoslovakl
D6elezation, under the above-melntioried provision !and involves
meny deliconte detr-ils which merit n close -nd cnreful etudy,
the Cze.choalovnk t:Xl*evition suareets thft no special novw
provisions should bu incorporated into the Cherter and that
the exiLting provisions of Articles 9, 12 e.nd 61 (c) should
be conbidered fs a satisfactory basis for future zrqemerte. |
GATT Library | bj143yd7486 | 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/bj143yd7486 | bj143yd7486_90050463.xml | GATT_152 | 408 | 2,730 | UNITED NATIONS NATIONS UNIES
RESTRICTED
ECONOMIC CONSEIL
AND ECONOMIQUE 29 August 1941
SOCIAL COUNCIL ET SOCIAL ORIGINAL: ENGLISH.
SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT
The Delegation of the United States of America submit
the following proposal for protocol to the General Agree-
ment on Tariffs and Trade:
PROTOCOL TO TO THE GENERAL AGREEMENT ON TARIFFS AND TRADE
In Document E/PC/T/W/236, dated July 1947, the United
States Delegation indicated it would later submit to the
Preparatory Committee a draft of protocol with regard to
relations with Germany, Japan and Korea while under military
occupation. The United States Delegation feels that while
the question of a protocol to the Charter has now been deferred
until the World Conference, it is necessary that this subject
be covered explicitly with relation to the General Agreement
on Tariffs and Trade. The following draft protocol is there-
fore submitted, with the proposal that it be signed by each
signatory of the General Agreement:
The governments signatory to the General Agreement
on Tariffs and Trade, dated , 1947,
recognize the desirability that Germany, Japan and
Korea as soon as is practicable assume the full
obligations of said Agreement and of the Charter for
the International Trade Organization. Also recog-
nizing, however, that the external trade of these
areas cannot be conducted in a normal manner under
present circumstances of military occupation, the E/PC/T/W/311
page 2.
signatory govrnments agree that nothing contained
in said Agreement shall apply in any way to Germany,
Japan or Korea, or to any occupying authority therein,
or to trade in either direction between the
territory of any signatory government and any of these
areas.
The signatories further agree that the provisions
of this protocol shall remain in force respectively
with regard to Germany, Japan and Korea until
occupation of such area is officially declared at an
end or until such area is found by the occupying
authorities and the parties to said Agreement to be
capable of undertaking the obligations of said Agreement.
The signatories further agree that any signatory
or signatories may nevertheless make separate or joint
agreements with the appropriate authorities of any
such area under which the latter would derive certain
or all of the benefits granted to the other signat-
ories under said Agreement.
The terms "Germany, Japan or Korea" wherever used
or referred to in this protocol shall mean "Germany,
Japan or Korea or any part thereof". |
GATT Library | sj600jz1733 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment | United Nations Economic and Social Council, September 17, 1947 | United Nations. Economic and Social Council | 17/09/1947 | official documents | E/PC/T/W/340 and E/PC/T/W/307-344 | https://exhibits.stanford.edu/gatt/catalog/sj600jz1733 | sj600jz1733_90050494.xml | GATT_152 | 153 | 1,100 | UNITED NATIONS NATIONS UNIES RESTRICTED
ECONOMIC CONSEIL 17 September 1947
AND ECONOMIQUE
SOCIAL COUNCIL ET SOCIAL ORIGINAL: ENGLISH
SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT
The Delegation of the United States of America submit
the following note to be attached to Article XXIV of the
general provisions of the General Agreement on Tariffs and
Trade:
Note to Article XXIV
With regard to the status of areas under military
occupation, it is anticipated that this question will be
carefully explored at the United Nations Conference on Trade
and Employment. Unless and until further discussions result
in agreement upon specific provisions relating to such areas,
it is understood that the provisions of this Agreement shall
not bind any area or part thereof under present miiltary
occupation, nor any occupying authority therein, nor any
signatory to this Agreement with respect to trade in either
direction with such area. |
GATT Library | td633nw5186 | Second Session of the Preparatory Committee of the United Nations Conference on Trade and Employment | United Nations Economic and Social Council, May 2, 1947 | United Nations. Economic and Social Council | 02/05/1947 | official documents | E/PC/T/63 and E/PC/T/44-66 | https://exhibits.stanford.edu/gatt/catalog/td633nw5186 | td633nw5186_92290072.xml | GATT_152 | 340 | 2,290 | ECONOMIC CONSEIL E/PC/T/63
AND ECONOMIQUE
SOCIAL COUNCIL ET SOCIAL
SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS COFFERENCE ON TRADE AND EMPLOYMENT.
With reference to the declaration made in the name or
the Belgian-Luxembourg.-Netherlands Customs Union in
the course of the E ecutive Session on 16 April,
E/PC/T/EC/PV.2/1 and Corrigenda 1 and 2 thereto, there
is transcribed here-below the text of communications
addressed on 19 March last to the Secretary General of
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, para-
graph 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 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.
UNITED NATIONS
NATIONS UNIES
RESTRICTED E/PC/T/63
page 2.
Netherlands
New York, 18 March, 1947.
To the Socretary General..
Sir, . '
In accordanse 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 honaur to inform
you that., as soon as it comes into aperation, the Customs
Union between the Nether'lands and the Belgium-Luxembourg
Economic Union will grant to certain products from
Netherlands and Belgiahn everseas territories the benefit
of tree entry into the territories of the Parties to the
Customs Union, in conformity with the principles of free
entry in force in the Delgium-Luxembourg Economic Union
as at 18 March, 1947.
I have the honour to be, etc.
(Signed.). E.N. VAN KLEFFENS. |
GATT Library | sd664rd3459 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment | United Nations Economic and Social Council, September 17, 1947 | United Nations. Economic and Social Council | 17/09/1947 | official documents | E/PC/T/W/340. Rev.1 and E/PC/T/W/307-344 | https://exhibits.stanford.edu/gatt/catalog/sd664rd3459 | sd664rd3459_90050495.xml | GATT_152 | 0 | 0 | |
GATT Library | vm803cf4633 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment | United Nations Economic and Social Council, September 17, 1947 | United Nations. Economic and Social Council | 17/09/1947 | official documents | E/PC/T/W/340. Rev.1 and E/PC/T/W/307-344 | https://exhibits.stanford.edu/gatt/catalog/vm803cf4633 | vm803cf4633_90050495.xml | GATT_152 | 132 | 974 | UNITED NATIONS NATIONS UNIES RESTRICTED
ECONOMIC CONSEIL E/PC/T/W/340. Rev.1.
AND 17 September 1947
ECONOMIQUE ORIGINAL: ENGLISH
SOCIAL COUNCIL ET SOCIAL
SECOND SESSION OF THE PREPARATORY COMMITTEE
OF THE UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT
The Delegation of the United States of America submits
the following note to be inserted as a final note in Annex I
of the General Agreement on Tariffs and Trade:
Final Note
With regard to the status of areas under military
occupation, it is anticipated that this question will be given
further study. It is therefore understood that until otherwise
agreed, the provisions of this Agreement shall not apply to any
area or part thereof under present military occupation, nor
bind any occupying authority therein, or any contracting party
with respect to its trade with such areas. |
GATT Library | rf227tg0007 | Second Session of the Preparatory Committee of the United Nations Conference on Trade and Employment | United Nations Economic and Social Council, August 8, 1947 | United Nations. Economic and Social Council | 08/08/1947 | official documents | E/PC/T/156 and E/PC/T/153-156 | https://exhibits.stanford.edu/gatt/catalog/rf227tg0007 | rf227tg0007_92290194.xml | GATT_152 | 616 | 4,282 | UNITED NATIONS
ECONOMIC CONSEIL UNRESTRICTED
AND ECONOMIQUE E/PC/T/156
SOCIAL COUNCIL ET SOCIAL 8 August 1947
SECOND SESSION OF THE PREPARATORY COMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT
As suggested at the meeting of the Chairman's Committee
(Heads of Delegavions) on August 7, the Secretariat is
circulating herewith for the information of Delegations the
verbatim record of the 102nd meeting of the Economic and
Social Council at which the question of voting arrangements
for the World Conference was under discussion, No verbatim
record is available of the preceding discussion in the
Economic Committee of the Council, The text of the
relevant extracts from Document E/AC.6/14 which provided the
basis of discussion at the Economic and Social Council is
also circulated herewith.
NATIONS UNIES E/PC/T/156 Extracts from
page 1. E/AC . 6/14
30 July 1947
ORIGINAL: ENGLISH
EXTRACTS FROM DRAFT RESOLUTIONS ON THE INTERIM REPORT
OF THE PREPARATORY COMMITTEE OF THE UNITED NATIONS
CONFERENCE ON TRADE AND EMPLOYMENT.
Para. 3. THE ECONOMIC AND SOCIAL COUNCIL
HAVING CONSIDERED the Resolution of the Preparatory
Committee, relating to the invitations to the Conference,
and
HAVING NOTED that the Preparatory Committee makes no
recommendation on the question of voting rights at this
Conference,
RESOLVES that voting rights at tho United Nations
Conference on Trade and Employment shall be extended only
to members of the United Nations attending the Conference.
Para. 4. THE ECONOMIC AND SOCIAL COUNCIL
HAVING CONSIDERED the resolution of the Preparatory
Committee relating to the invitations of States non-members
of the United Nations to the Conferenco,
RESOLVES that invitations should be sent to the follow-
ing states, not Members of the United Nations, which have an
appreciable interest in world trade - Albania, Austria,
Bulgaria, Eire, Finland, Hungary, Italy, Pakistan, Portugal,
Rumania, Switzerland, Transjordania, and the Yemen - to
participate in the work of the United Nations Conference
on Trade and Employment.
Para. 5. THE ECONOMIC AND SOCIAL COUNCIL
FURTHER RESOLVES that the Allied Control Authorities
in Germany, Japan, and Korea be invited to send qualified
representatives to the United Nations Conference on Trade
and Employment in a consultative capacity.
Para. 6. THE ECONOMIC AND SOCIAL COUNCIL
HAVING NOTED that it became clear during the E/PC/T/156
page 2.
negotiations which have taken place in Geneva during the
Second Session of the Preparatory Committee 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 exte nal commercial relations, and that
the Preparatory Committee considers that such separate Customs
Territories should be invited to Participate in the work of
the Conference,
RESOLVES that invitations be sent through the Government
of the United Kingdom to the Governments of Burma, Ceylon and
Southern Rhodesia, to participate in the work of the United
Nations Conference on Trade and Employment.
(Resolutions 3, 4 , 5 and 6 above were passed by the
Economic Committee for Submission to the Council on 30 July
1947:)
Para. 7. THE ECONOMIC AND SOCIAL COUNCIL
RECOGNIZING that the Indonesian Republic enjoys in Fact
autonomy in the conduct of its external commercial relations
RECOGNIZING further that the participation of the Govern-
ment of the Indonesian Republic will promote the objectives of
the Conference,
RESOLVES to send a direct invitation to the Governmont
of the Indonesian Republic to participate in the United Nations
Conference on Trade and Employment.
Para. 8. THE ECONOMIC AND SOCIAL COUNCIL
FURTHER RESOLVES that invitations to be represented at
the Conference be sent to the Specialized Agencies and other
appropriate inter-governmental organizations and non-govern-
mental organizations in Category A.
(Resolution 8 is submitted by the President to the
Committee in view of the referencesto Specialized Agencies in
the discussion in Committee). |
GATT Library | ph843qh8701 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment | United Nations Economic and Social Council, June 9, 1947 | United Nations. Economic and Social Council | 09/06/1947 | official documents | E/PC/T/W/179.Corr.I and E/PC/T/W/177-207 | https://exhibits.stanford.edu/gatt/catalog/ph843qh8701 | ph843qh8701_90050320.xml | GATT_152 | 232 | 1,615 | RESTRICTED
ECONOMIC CONSEIL E/PC/T/W/179. Corr.I
AND ECONOMIQUE 9 June 1947
SOCIAL COUNCIL ET SOCIAL ORIGINAL: ENGLISH
SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE ANTD EMPLOYIYOENT
Corrigendum-to document
E/PC/T/W/179
Page 2
Article 14, paregruph 1.
(a) French Observatiïns with reference to the question of
direct consignment (W.141): replace the text by the
following:
The French delegate pointed ,ut that it was under-
stood thet French legislation would be brought into line
with the proxisions adopted for the text of the Charter,
but that a certain amount of time would be necessary ror
this revision. The French delegation might therefore be
obliged ton make reservations when the Tariff Agreement
was signed,
SECONDE SESION DE LA COME ISSION PREPARARATOIRE
DL CONFTRAEMCE. DU COND ERCE .ST DE, L'EMPLOI
DS L' ORGQNITION D3S NMMIONS UNIIÙS.
Corrigendum au document
Page 2
Article 14, pa.rEzgajhe l
(a) Remarques de la Délégation française poitant sur la question
du transport direct (W. 1Z1) : remplacer la texte par
Le Délégué de la France a signal qu'il était entendu
que la legislation française serait inise an harmonie avec les dis-
positIons qui seraient adoptées pour le t-bxte de la Charte, mais
qu'un certain délai serait nécessaire pour cette révision. La
Délégation française ,eut an conséquance se trouver dans l'obliga-
tion de fiire des reserves au moment de la signature de l'Accord
Tarifaire.
INATIONS UNIES
VNITED NATIONS |
GATT Library | jn005wb4634 | Second Session of the Preparatory Committee of the United Nations Conference on Trade and Employment | United Nations Economic and Social Council, June 19, 1947 | United Nations. Economic and Social Council | 19/06/1947 | official documents | E/PC/T/102 Corr. 2 and E/PC/T/92-105 | https://exhibits.stanford.edu/gatt/catalog/jn005wb4634 | jn005wb4634_92290121.xml | GATT_152 | 100 | 813 | UNITED NATIONS NATIONS UNIES RESTRICTED
ECONOMIC CONSEIL E/PC/T/102 Corr. 2
AND ECONOMIQUE 19 June1947
SOCIAL COUNCIL ET SOCIAL ENGLISH ONLY
SECOND SESSION OF THE PREPARATORY COMMITTES OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT.
The lest sentence on page 1 of the Report
of Sub-Committee II on Chapter VI should read as follows:
In its discussions, the Sub-Committee gave consideration
to the proposed amendments collated in Document
E/PC/T/W/132 covering suggestions on behalf of the
Delegations of Belgium-Luxembourg, Brazil, Canada,
China, Czechoslovakia, France, the United States of
America, the United Kingdom and to the following
additional amendments and observations: " |
GATT Library | ct704gd9394 | 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/W/316 and E/PC/T/W/307-344 | https://exhibits.stanford.edu/gatt/catalog/ct704gd9394 | ct704gd9394_90050469.xml | GATT_152 | 897 | 6,047 | UNITED NATIONS NATIONS UNIES
ECONOMIC CONSEIL RESTRICTED
AND ECONOMIQUE E/PC/T/W/316
SOCIAL COUNCIL ET SOCIAL 2 September 1947
ORIGINAL: ENGLISH
SECOND SESSION,OF THE PREPARATORY COMMITTEE OF.THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT.
The following detailed amendments to the General Agree-
ment on.Tariffs and Trade are submitted by the United States
Delegation consequent upon its proposal for a separate
Protocol on provisional application of the Agreement.
ARTICLE XXIV
Amend the title to read "Signature and Entry into Force".
Add the following new paragraph as paragraph 1 and re-
number the following paragraphs accordingly:
"1. The present Agreement shall bear this day's date.
It shall be open for signature until June 30, 1948, at the
Headquarters of the United Nations, Lake Success, New
York by any government signatory or the Final Actct
adopted at the conclusion of theeS,cond Session of the
Preparatory moimittee for the United Nations Conference
on Trade andmploymenten which shlal not havsigned this s
Agreement on this da.t
Amend the present paragraph41 asfollows:s
"4 , This Agreement shall enter[fdfinitively]7
into force, a among the governments accepting it, ono
the thirtieth day following the day on whichinstrumentsn
of acceptance have been deposited with the Scoretary.-
General of the Unieod Nations on behalf of signatory
governments the territories of which account for 85%
of the total trade of the territories of the[signatory]7 E/PC/T/W/316
page 2.
governments signatory of the Final Act adopted at the
conclusion of the Second Session of the Preparatory
Committee for the United Nations Conference on Trade
and Employment, as set forth in Annex G."
ARTICLE XXX.
.Amend paragraphs 1 and 2 as follows:
"1. The contracting parties to this Agreement shall
be 0nderstood to mean those governments which are
applying the provisions of this Agreement pursuant to
Articles s XXIV [or xxxii] or to the Protocol of
Provisional Application accompanying this Agreement.
"2. At any time after the [definitive] entry into
force of this Agreement pursuant to paragraph 5 of
Article XXIV those contracting parties which have
accepted this Agreement pursuant to paragraph 3 of
Article XXIV may decide that any contracting party which
has not so accepted this Agreement shall cease to be a
contracting party."
Delote Article XXXII and amend the closing paragraphs as
follows:
"IN WITNESS WHEREOF the respective Representatives,
after having [exchanged] communicated their full powers,
found to be in good and due form, have signed this
Agreement and have affixed their seals hereto.
"DONE [in duplicate] in a single copv, in the English
and French languages, both authentic, at Geneva, this
day of 1947.
FOR T[E etc. /Note: cach signature would be
accompanieindicationndicatio of the date of signature,
i.e. E/PC/T/W/316
page 3.
FOR THE UNITED STATES OF AMERICA:
John Doe
3O September 1947]"
There would be a Protocol of Provisional.Application
which would be a separate and distinct international
instrument, along the following lines:
"PROTOCOL OF PROVISIONAL APPLICATION OF THE
GENERAL AGREEMENT ON TARIFFS AND TRADE
"The Governments of the Commonwealth of Australia,
Belgium (in respect of the metropolitan territory) and
Luxembourg, Canada, the French Republic (in respect of
the metropolitan territory), the Netherlands (in
respect of the metropolitan territory), the United
Kingdom of Great Britain and Northern Ireland (in respect
of the metropolitan territory), and the United States of
America, undertake, provided that all of such governments
shall have signed this Protocol not lator than November
15, 1947, to apply provisionally on and after January 1
1948 (a) Parts I and III of the General Agreement on
Tariffs and Trade and (b) Part Il of that Agreement to
the fullest extent not inconsistent with existing
legislation. The above-named governments shall make
effective such provisional application of the General
Agreement, in respect of any of their territories other
than their metropolitan territories, on or after
January 1, 1948, upon the explration of thirty days
from the day on which notice of such application is
received by the Secretary-General of the United
Nations. Any other government signatory of this E/PC/T/W/316
Page 4.
Protocol shall mare effective such provisional
application of the General Agreement, on or after
January 1, 1948, upon the expiration of thirty days
from the day of the signature of this Protocol by such
government.
I'Any government provisionally applying the General
Agreement on Tariffs and Trade pursuant to this Protocol
shall be free to withdraw such provisional application,
in whole or in part on sixty days' written notice to
the Secratary-Gencral of the United Nations.
"This Protocol shall bc open for signature until
June 30, 1948, at the Headquarters of the United Nations,
Lake Success, New York, by any government signatory of the
Final Act adopted at the conclusion of the Second Session
of the Preparatory Committee for the United Nations
Conference on Trade and Employment which shall not have
signed this Protocol on this day.
"The original of this Protocol shall be deposited with
the Secretary-General of the United Nations, who will
furnish certified copies thereof to all interested
governments.
"IN WITNESS WHEREOF the respective Representatives,
after having communicated their full powers, found to
be in good and due form, have signed this Protocol and
have affixed their scals hereto,
"DONE in a single copy, in the English and French
languages, both authentic, at Geneva, this
day of 1947
"FOR THE etc. [Note: each signature would be accompanied
by an indication of the date of signature, i.e.:
FOR THE UNITED STATES OF AMERICA:
John Doe
30 September 1947]" |
GATT Library | cr084tt4277 | Second Session of the Preparatory Committee of the United Nations Conference on Trade and Employment | United Nations Economic and Social Council, April 14, 1947 | United Nations. Economic and Social Council | 14/04/1947 | official documents | E/PC/T/42 and E/PC/T/34-44 | https://exhibits.stanford.edu/gatt/catalog/cr084tt4277 | cr084tt4277_92290046.xml | GATT_152 | 1,026 | 6,293 | ECONOMIC CONSEIL UNRESTRICTED
AND ECONOMIQUE E/PC/T/42
SOCIAL COUNCIL ET SOCIAL 14 April 1947
SECOND SESSION OF TH PREPARATORY COMMITTEE
OF THE UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT
In accordance with the Report of the First Session of the Pre-
paratory Committee (paragraph 6(f) on page 26) the Assistant Secretary
General for Economic Affairs referred. to the Registrar of the
International Court of Justice the question of whether complications
would be likely to arise from asking the Court for an advisory
option on a matter which might subsequently become the subject of a
case before it.
The following reply has been received from, the Registrar:-
"I have the honour to acknowledge receipt of your letter of
Fabruary 6, 1947., in which you call my attention to paragraph 6(f)
(p.26)1/of the Report of the First Sassion of the Preparatory Commit-
tee of tha Intarnational Conference on Trade and Employment. This
Committee has decided to refer to me the question whether "compli-
cations" would be likely to arise from asking the Court for an ad-
visory opinion on a matter which might subsequently become the sub-
ject of a case before it.
"I would in the first place emphasis that my raply is to be
regarded as entirely unofficial in character and in no way commits
the Court. I am giving you my personal opinion based on an analysis
of the texts and of the practice of the Perrmanent Court of Inter-
national Justice.
"I would also observe that your question - which I imagine is
purely theoretical - is by no means new. It has already formed the
subject of study by international jurists in connection with the
Permanent Court of International Justice and may today confront any
organ or institution of the United Nations empowered to ask the In-
ternational Court of Justice for an advisory opinion.
"With regard to the expression "complications", I imagine that
your Committee means thereby that the Court might find itself de-
barred from deciding a case by means or a judgment if it had already
given an advisory opinion regarding the same matter.
In/
UNITED NATIONS
NATIONS UNIESs E/PC/T/42
Page 2
. "In answering this intirusting question, ono must distinguish
.b3twe3n its purely legal aspect and its practical espact.
"From the point of vi5w of lgw, tho diffeDrsrnco batwoon judgment's
and advisory opinions dalivarad by tho Court onsuas first and fore-
most from the degree of binding force> attechiirig risepctively to them.
-A judgment is binding upon tho pr1 iss, v;haraos compliance with the
terms of nn edvisory opinion is, as tho nsi-ns indicates, ar.tirely op-
tional, the intarestod peirti3s rgzrotiing fre, to trke such action
upon it as they may sea fit. In prccti(.a3, the oxporionce of the Por-
manent Court of Internation2l Justice shows thit such opinions have
always exeroised great influence. Though thay hr;ve no binding force,
they have always oerrigd great weight. It mny ovon bo saie thot
there le no instance in which the conclusions of such r.n opinion have
net in practice been applied.
- "Again, a Judgr.nt is rend3rad between two or more parties who
are Stgtes, wher3os an opinion is given in response to a request made
.by the General Assumrbly er Sacurity Council, or rny othor organ or
specializod agency which is entitlad, undor Articla 96, paragraph 2,
of the Chartor ta asls for such opinions.
- "The conclusion in law to bo drawn from thci frneg.-ing ls - it
seome to me - that an advisory opinion doas not possess ths force of
re8 judicate, in the avant of th3 sfme question coming before the
Court once rore, this tiim -, the aubject of conteatious proceedings.
"In strict lw, therefore, thorm is nothin- to provont a ques-
tionr which has already besn submitted to the Court for an advisory
opinion from b3ing brought bofors it for judgment.
"'Aceordingly, theo appea-rs to be no reason to feEar uny "compli-
o'ationu" and it would not sa or ttait the doctrine of res judicata
-could be invoked in such c cse.
I"From the point of view of practice, the history of the Perman-
ent Court Of Intarnational Justice shDws thet, gan9rtlly speaking, in
advisory proceedings before the Court the sarae proc3durcl safeguards
:were provided as in contentious casas. In the 3yas of the Permranent
Court, both oateépri3s of casas wero equally important end thoy were
;dealt with on strictly analogous lines. At the moment, it la imposs-
ible positively to state th;it the Intornational Court of Justice
intends in this respect to follDw the practice of the Pormanent-Court
ot'Interna±ional Justice, but in view of the terms of Artlcles 82 to
85 of the Rules of Court, it serms most probable that it will do so.
"If this proves to be the case, it wiuld follow that, in ael
probabilityy, ths Intarnationnl Court of Justice, having passed upon a
question by wsy of un advisory opinion, would find no reason for modi-
fying the solution proposed by it, shi'uld the sare question subsequont-
ly coma before it again in tha shape of a content-ious case. In law,
thare is nothing te prevent the Court frori decidirc qh^ question dif-
ferently, but it le unlikely that it would do s0 in the absence of
imperative roasDns frr varying its daciSsion, such as nxw facts brought
to light during the csntentious8 proceedings.
"On the other hand, exparince als- shvws thst in practice the E/PC /T/42
Page 3
`authority if an advisory opinion has always been such that no ques-
tion submitted to the Permanent Court for such an opinion has ever
subsequently come before it as the subject of contentious proceedlngs.
"Accordingly, I believe that for the reasons given above, one
may conclude that the complications" referred to in your report are
most unlikely to arise and that neither from the point of view of law
nor that of fact should your organization be dissuaded by a fear of
such "complications" from consulting the Court whenever it sees fit
to do so.
"I hope that I have satisfactorily answered your question, but
should you want any further information I am, of course, entirely at
your service." |
GATT Library | ss232rv1980 | Second Session of the Preparatory Committee of the United Nations Conference on Trade and Employment | United Nations Economic and Social Council, July 21, 1947 | United Nations. Economic and Social Council | 21/07/1947 | official documents | E/PC/T/132 and E/PC/T/124-135 | https://exhibits.stanford.edu/gatt/catalog/ss232rv1980 | ss232rv1980_92290158.xml | GATT_152 | 943 | 6,547 | UNRESTRICTED
ECONOMIC CONSEIL E/PC/T/132
AND ECONOMIQUE 21 July 1947
SOCIAL COUNCIL ET SOCIAL ORIGINAL: ENGLISH
SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT.
The attached letter and accompanying observations
relating to Chapter VIII (particularly Article 81(3))
have been received from the Representative of the Inter-
national Co-operative Alliance.
In accordance with the established procedure, these
observations are hereby drawn to the attention of all
Delegations and particularly of those representatives who
have been designated to serve on the Consultative
Committee (Non-governmental Organizations).
The comments by the International Co-operative
Alliance on other parts of the Charter have already been
circulated in the following documents:
E/PC/T/80 - Comments on Chapter VI
E/PC/T/114 - Comments on Chapter VII
E/PC/T/128 - Comments on Chapter I-IV
INTERNATIONAL CO-OPERATIVE ALLIANCE,
14 Great Smith Street,
London, S.W.1.
18th July, 1947.
Dear Sir,
I have the pleasure to hand you herewith the Comments
of the International Co-operative Alliance on Chapter VIII
of the Draft Charter.
Yours sincerely,
(Signed) THORSTEN ODHE
Permanent Representative of
the Interntional Co-operative
Alliance.
The Executive Secretary of the
Preparatory Committee of the United Nations
Conference on Trade and Employment.
GENEVA.
NATIONS UNIES
UNITED NATIONS E/PC/T/132
page 2
DRAFT CHARTER OF THE INTERNATIONAL TRADE ORGANISATION (I.T.O.).
COMMENTS ON CHAPTER VIII.
Presented by MR. THORSTEN ODHE,
Representative of the INTERNATIONAL CO-OPERATIVE ALLIANCE (I.C.A.).
The comments which the International Co-operative Alliance
desires to make in connection with Chapter VIII of the Draft
Charter of the International Trade Organisation concern only
article 81(3) - Relations of the International Trade Organisa-
tion with Non-Governmental Agencies.
In the principles laid down by a special committee of
the Economic and Social Council (E/43/Rev.2) regarding working
relations with non-governmentel organisations, reference was
made to Article 71 of the Charter of the United Nations, where
it is provided that the Economic and Sociel Council may take
suitable arrangements for consultation with non-governmental
organizations which are concerned obviously with matters within
its competence. This provision applies. also to the different
Commissions and specialised Agencies colaborating with the
Council.
The I.C.A. is well awere of the distinction made in
Article 71 between non-governmental organisations, on the one
hand, and, on the other, States non-members of the Council,
as well as specialised inter-governmental agencies. Further,
the I.C.A. is satisfied with the rights of consultation accorded
to it as a non-governmental organisation in Category A and
does not ask that these rights should be extended with regard
to the International Trade Organisation, which is intended to
function as one of the specialised agencies referred to in
Article 57 of the Charter of the United Nations. In.the
Comments submitted to the Preparaetory Committee on previous
Chapters of the Draft Charter of the International Trade
Organisation, the I.C.A. has expressed its readiness to enter
into full consultation with the I.T.O. generealy, es well as
in connection wiith specific tesks and obligations to be par-
formed by the I.T.O. according to the provisions of the Charter,
particularly Chapters III, IV, VI and VII. In so doing the
I.C.A. has had in mind the definition given by the Council's
N.G.O. Committee of the non-governmental organisations of
Category A, viz. "Organisations which have a basic interest
in most of the activities of the Council and are closely
linked with the economic end social life of the area which
they represent". As the World Organisation representing the
primary interests of the Consumers' Co-operative Movement,
as well as manifold co-operetive activities of small producers,
the I.C.A. has deemed it of considerable importance to lay
down the aforementioned proposals.to the Preparetory Committee
for more closely outlined forms of consultative arrangements
with regard to some of those specific tasks just mentioned,
in the full assurance that these proposals will be thoroughly
and fairly considered by the Committee. E/PC/T/132
page 3
In view of the nature of these specific tasks and. the
valuable services which tho I.C.A., as e Category A non-
governmental organisation, can render to the I.T.O. in their
accomplishment - provided the opportunities for consultation
be fully utilised - the I.C.A. feels called upon to propose
that the wording of Article 81(3) be slightly altered in
order to express more fully the nature of the mutuel relation-
ship between the non-governmental organisations of Category A
and the international Trade Organisation. While the I.C.A.
does not consider it necessary thet the consultative arrange-
ments, which eventually will be defined more closely with
regard to different non-governmentel organisations of Category
A and a wide range of specific tasks in the different
Chapters of the Draft Charter, should be conclusively codified
or enumerated in Article 81(3), it is of the opinion that it
would be very useful if a reference were made in this Article
to the principles laid down in the Report of the Council
N.G.O. Committee, stressing that consultative arrangements
referred to in the Draft Charter should be afforded, generally,
on the invitation of the I.T.O. or at the request or the
organisation, and include arrangements of a more permanent
and closely defined character.
The I.C.A. accordingly desires to submit for a closer
examination by the Preparatory Committee the following draft
for a revised text of Article 81(3):-
"The Organisation may, in accordance with the
general principles laid down by the Economic and Social
Council on the basis of the Report of the Council's
N.G.O. Committee, make suitable arrangements for con-
sultation end co-operation with non-governmental
organisations concerned with matters within its own
competence, end invite them for such consultation and
co-operation, either on its own initiative or at their
request. The Organisation may also invite them to
undertake specific tasks more closely defined in the
different provisions of the Charter." |
GATT Library | st118mk1785 | Second Session of the Preparatory Committee of the United Nations Conference on Trade and Employment | United Nations Economic and Social Council, July 12, 1947 | United Nations. Economic and Social Council | 12/07/1947 | official documents | E/PC/T/128 and E/PC/T/124-135 | https://exhibits.stanford.edu/gatt/catalog/st118mk1785 | st118mk1785_92290154.xml | GATT_152 | 3,199 | 21,012 | UNITED NATIONS NATIONS UNIES UNRESTRICTED
ECONOMIC CONSEIL E/PC/T/128
AND ECONOMIQUE
SOCIAL COUNCIL ET SOCIAL ORIGINAL: ENGLISH
SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT.
The attached further letter and enclosure have been
received from the Representative of the International Co-
operative Alliance presenting the observations of that Non-
Governmental Organization on Chapters I - IV.
In accordance with the established procedure, the
attached paper is drawn to the attention of all Delegations,
and particularly to those representatives who have been
designated to serve on the Consultative Committee (non-
governmental organizations).
The earlier comments of the International Co-operative
Alliance on Chapter VI were circulated as Document E/PC/T/80,
and the comments on Chapter VII were circulated as Document
E/PC/T/114. . E/PC/T/128
page 2
THE INTERNATIONAL CO-OPERATIVE ALLIANCE
14 Great Smith Street, London S.W.1.
To the
Executive Secretary of the Preparatory Committee of the
United Nations Conference on Trade and Employment,
Geneva.
Referring to my previous letter I have the honour
to submit to you.the comments of the International Co-
operative Alliance on Chapters I - IV of the Draft Charter
of the International Trade Organization.
Very sincerely yours
(Sgd.) THORSTEN ODHE
Permanent Representative of the
International Co-operative Alliance
at the United Nations. EPC/T/128
page 3
DRAFT CHARTER OF THE INTERNATIONAL TRADE ORGANISATION (I.T.O.)
COMMENTS ON CHAPTERS I - IV.
Presented by MR. THORSTEN ODHE,
Representative of the INTERNATIONAL CO-OPFRATIVE ALLIANCE (I.C.A.).
With regard to these introductory Chapters the International
Co-operative Alliance (I.C.A.) desires to stress that the
formulation of the general purposes of the International Trade
Organisation and of its orientation towards the world economic
situation now prevailing - in the diseases and latent crisis of
which the I.T.O. has to make, a prompt and resolute incision -
is of the greatest, even decisive, importance with regard to
the potentiality of the Organisation to make a real contribu-
tion to world economic construction in the reasonably near
future.
The main practical purpose of the I.T.O. in the field
of international collaboration within the frame of the United
Nations Organisation is to formulate such trade rules and
forms for the interchange between nations as will materially
contribute to restoring its freedom to the greatest possible
extent and, under all circumstances, allowing it to flow more
freely than at present. Thd main obstacles to the freedom of
international trade were presented in an excellent and pene-
trating manner in the Proposals published by the State Depart-
ment of the United States of America eighteen months ago.
The restrictions on free international trade by Governments,
as these Proposals indicate, fall into one or other of two
categories, viz. 1. Restrictions imposed. in accordance with
the old-established routine of protectionism; 2. Restrictions
necessitated by the war and its economic aftermath. The
restrictions imposed by cartels and other private monopolistic
organisations have. been, further reinforced during the war, when
the cartels and private trade organisations generally were able
to extend their power, partly because the Governments were com-
pelled ta use their services with a view, to furthering planning
and concentration of national economic activities in order to
pursue the necessary aims of war economy. The fears of dis-
location in the raw material markets and in industrial employ-
ment were fortffied by the devastation of productive resources
directly caus by the war and by the monetary chaos created
by war exertions and the protracted radical disturtances of
international supply and trade exchange channels. The chief
symptoms of this malady are widely distributed balance-of-payment
difficulties. However eager may be the desire of the peoples
that the chains parelysing international trade exchange should
be loossened as soon as possible, the economic consequences of
the war, in the shape of enhanced national economic isolation,
are realities to which the utmost attention must be given when
formulating the aims of the I.T.O. and planning its practical
work. E/PC/T/128
page 4
In order to create the elementary pre-requisites for the
main practical work of the I.T.O. aiming at the reduction of
tariffs and references and the ultimate abolition of inter-
national trade barriers generally, the Preparatory Committee
has found it necessary to establish some decisive lines of the
economic policy to be pursued within the member countries.
It is rather solf-evident that those lines should be given the
character of general principles and, therefore, that the obli-
gations imaplied by these Chapters of the Draft Charter cannot
be of the demarcated and closely defined character of the
specific obligations relating to general commercial and trade
policy in Chapter V. They must rather be regarded as a con-
fession in principle to a new orientation of political economy
for the extension and supremacy of which the I.T.O. must care-
fully plan and carry out its general educational and propoganda
activities. So much more important is it, therefore, that
these general principles should be formulated in a clear and
convincing manner and be placed at the bead of the Charter in
a universally comprehensible text.
During the inter-war period a new economic theory was
established - chiefly due to keen-sighted and realistically-
minded British economists - which is radically at variance
with the classical liberal economic theory in crucial points
and which has also been put to a practical test in different
countries, with a result that might be regarded as definitely
promising, considering the difficulties of a quite extra-
ordinary character which had to be overcome. Everything points
to this theory, applied simultaneously with a progressive, all
embracing policy of social reforms, giving the most valuable
practical directions with regard to the avoidance of cyclical
depressions and to the maintenance, generally, of an expansive
economic development in all countries whose social and poli-
tical institutions enjoy a degree of demo'cratic freedom that
allows for its application. In an excellent and widely known
book the British economist, Sir William Beveridge, has summarised
the general interdependence between an economic policy founded
on the principles here indicated, on one hand, and, on the
other, the restoration of free international trade exchange:
"Any plan for uncontrolled multi-latcral trading between
any group of countries can be permanent and work smoothly
only if each of the countries accepts three conditions -
first, of pursuing an internal policy of full employment
suited to its special circumstances; second, of taking
or assenting to all the measures necessary to balance its
accounts with the rest of the world, and avoiding want
of balance, whether by way of excess or deficiency; third,
of displaying reasonable continuity in its foreign economic
policy, particularly in respect of the control of trade by
tariffs, quotas, or other means".
The point of gravity is placed by this theory upon full
employment, for the attainment and maintenance of which certain
lines of action in respect of internal economic policy are of
decisive importance: redistribution of purchasing power with
a view to maintenance of a stable demand for consumers' goods
on a broad basis; planned apportionment of productive resources
and the results of p`oduction between consumption, investments
and savings; an expansive credit policy based on low rates E/PC/T/128
page 5
of interest; and the, positive collaboration between the State
and the different partners of national industrial life in framing
the lines of expansion of the national economy. Suitable
methods for its implementation show a rich variety; social
policies and labour market agreements directed to establishing
a family wage; a "high wages policy" applied throughout in-
dustry; furthering the construction of dwellings by mens of
State or municipal credits; State investments to counter-
balance shrinking private investments; support to agriculture
with a view to its mechanisation, reducing its costs and im-
proving its general social conditions; and others. Full employ-
ment thus having been attained, its main purpose would be to
innrerce production and create continuous advancement in
efficiency with regard to production as well as distribution,
in order to bring about an ever-increasing volume of consumption -
which is only a different term for a rising; "living standard".
"The materal and of all human activity", Sir William Beveridge
says in his book, "is consumption. Employment is wanted as a
means to more consumption or more leisure as a means to a higher
standard of life".
In the opinion of the I.C.A. it is of imperative interest
that the support of the member countries of the I.T.O. to this
policy should be accentuated by formulating the main purposes
of the Organisation in simple, expressive and logically co-
herent language in Chapter I. The promotion of the freedom of
international trade exchange is the principal aim of the I.T.O.;
in order to give effect to that aim as soon as possible the
pre-requisites must be created for such un economic development
in each of the member countries as will enaole then to adhere
to the principles of free trade interchange without reservations
and to realise them without reluctance. That the full realisa-
tion of the obligation of the member countries is the uncom-
promised basis of agreement of the I.T.O. is shown by the fact
tha t the Draft Charter not only contains numerous escape
clauses and emergency provisions for countries with serious
economic difficulties, but also contains directions for over-
coming these difficulties by the assistance of international
solidarity and devices jointly applied.
The logical sequence pursued in the presentation of the
aims of the I.T.O. should, therefore, NOT be - the loosening of
international trade from its fetters to create the pre-requisites
for full employment and rising living standards, BUT - by
striving to establish a policy of full employment and rising
living standards by all the member countries, internationally
co-ordinated conditions will be created for the continuous
pursuance of a programme of freer international trade and the
ultimate abolition of all international trade barriers. By
defining in detail the means of action to give effect to such
a programme and agreeing to their gradual application, member
countries are expressing their conviction that, if the full
employment policy is wholeheartedly embraced by all countries,
economic reconstruction will be carried out with such compara-
tive rapidity that there will be no risks in undertaking the
practical work of reducing tariffs and abolishing other trade E/PC/T/128
page 6
barriers immediately and accomplishing it stage by stage.
The I.C.A. is of opinion that the logical sequence here
indicated was better expressed in Chapter I. of the Suggested
Charter than in the corresponding Chapter of the Draft Charter,
Article 1, Chapter I. of the former emphasised, in paragraph 1,
the specific practical purposes of the I.T.O. in the field of
international collaboration; in 2, the importance of an ex-
pansive economic policy to be pursued in the member countries
and of international solidarity and mutual aid to carry it
into effect; in 3, the necessity of international support to
countries at an early stage of industrial development; and in
4, the statement that, beside its practical working purposes in
the fild of commercial policy the I.T.O. must also pursue the
general aim of promoting such an economic policy as mentioned
in 2, i.e., to attain a steady expansion of economic life and
a high level of employment and real income. Article 1
Chapter I., of the Draft Charter - while stressing, it is true,
that the main task of the Organisation is "to realise the
objectives set forth in the Charter of the United Nations and,
particularly in Article 55(a) thereof, namely, higher standards
of living, full employment, and conditions of economic and
social progress and devulopment" - suffers from several
reiterations and is, on the whole, more descriptive than
definitive in character. It attempts to summarise the contents
of the different Chapters instead of stating the principal aims
of the Organisation with regard to world economic reconstruction
in a few striking and easily understandable sentences.
The I.C.A. wishes to draw attention to the general points
of view presented by the representa-ive of the W.F.T.U.,
Mr. Jean Duret, which stress the importance of the attainment
and maintenance of full employment being placed in the centre
of the declaration of the main aims of the I.T.O.; on the
other hand, that the definition of the specific tasks of the
Organisation in implementing this policy by joint international
action within the framework of its activities seems ta be
contained in its entirety to greater advantage in Chapter III.
The reformulation proposed by the I.C.C. appears, on the whole
to be based on a similar conception of bringing full employment
into the limelight and has the obvious advantage of summing
up the specific and general purposes of the I.T.O. in an admirably
brief and concise manner. But it equally obvious deficiency is
that in its vigorous concentration it does not give a sufficient-
ly clear and distinct expression to the logical connection
between the aims to be attained and the practice tasks to be
fulfilled, and that it deletes the important declaration of the
principle of free and equal access to the productive resources
of the earth. By a slight editorial alteration these deficienciea
in the opinion of the I.C.A., could be remedied and the desire
for a concise and logically striking formulation of Chapter I.
satisfied by framing Article 1, Chapter I., as follows -
"1. Ab a specialised agency of the United Nations, the
International Trade Organisation shall assist the
Economic and Social Council in promoting high and stable
levels or production and employment and rising standards
of living throughout the world. To that end it shall
further the enjoyment by all countries, on equal terms E/PC/T/128
page 7
of access to the markets, products and productiv.
facilities which are needed for their economic
prosperity and development.
2. As a consequence of these aims being accomplished
a free flow of multi-lateral trade and commerce between
nations will be achieved, thus enabling the fullest
utilisation of the world's human and material resources.
It should be the specific purpose of the I.T.O. to
assist this development in all ways possible.:
I. submitting this proposed reformulation of Chapter I.
to the consideration of the Preparatory Committee the principal
desire of the I.C.A. is that the aims of the I.T.O. shall be
so worded that the work of the Alliance in dieseminating a
clear understanding of them amongst the rank and file of the
World Co-operative Movement may be facilitated; also that,
since the realisation of the aims is of vital interest to its
85 million family members, the I.C.A. may assure their full
support for the implementation of the principles involved in
the internal policies of their respective countries. The I.C.A.
believes that this task will be more easily accomplished if
Chapter I. is formulated as a vigorous, precise and arresting
Appeal.
With regard to Chapter III and its definitions of the
means for accomplishing the implementation of full employment
in all countries by joint international action the I.C.A.
has few comments to maKe. As previously emphasised, if the I.T.O.
is intended to unite countries with varying economic systems
and at different stages of economic development it cannot be
expected that the member countries will be able to accept
closely defined obligations of a uniform character with regard
to their internal policies unless they are necessary for the
fulfilment of specific obligations falling within Chapter V.
(mostly with regard to internal monetary policy); or the
obligations of a much more limited character necessary to
satisfy certain provisions in Chapters VI. and VII. Under
these circumstances the I.C.A. finds that the formulation in
Article 4, 1, of the obligation of the member countries to
carry into effect the full employment policy "within its own
jurisdiction through measures appropriate to its political,
economic and social institutions" is the only possible solution,
Freedom to choose between the different means of action, as well
as to determine the degree of implementation suitable and possible,
should remain an impregnable aspect of national sovereignty and
will, moreover, present no obstacle to the full realisation
of the principal aims of the full employment policy in democratic
countries. That the pursuance of such a policy already within
the framework of the general obligations accepted in Chapter III.
is likely to lead to an increased degree of State planning and
leadership in national economics is inevitable; on the other
hand there seems to be no reason for establishing certain forms
or degrees of Stat -planned or directed economy by joint agree-
ment, so much the more as stipulations of this kind might very
easily lead to forms of State intervention which are undesirable
or injurious to the general aims to be pursued by the Charter. E/PC/T/128
page 8
Wiith regard to Article 8 the I.C.A., in conformity wiith
the proposals previously submitted to the Preparatory Committee
on Chapters VI. and VII., desires to submit that the possibilities
of the I.T.O. to utilise fully the consultation of the Non-
Governmental Organisations in the field of international collabor-
ation in order to secure the general applicationn of the full
employment policy should be safeguarded by inserting special pro-
visions in this Article. The I.C.A. and most of its affiliated
National Co-operative Organisations have very highly developed
centres of information - particularly concerning trends of con-
sumption and demand, development of retail trade turnover, prices
and real income- which might prove advantageous to the service of
information and consultation provided by this Article. It is to
be assumed that other Non-Governmental Organisations possess
similar possibilities of regularly supplying valuable information.
The I.C.A. therefore proposes that the opening of Article 8
should be formulated as follows:
"The Members and the Organisation shall participate in
arrangements made or sponsored by the Economic and Social
Council of the United Nations, including arrangements with
appropriate inter-governmental and non-governmental organisations".
Finally, with regard to Chapter IV. the I.C.A. desires to
stress that the aims pursued here in principle conform to its own
general economic programme and to the specific tasks pursued by
the Alliance within the framework of that programme. The main
purpose of the I.T.O. will only be accomplished in so far as it
succeeds in bringing within its fields of activities the greatest
possible number of countries. This may best materialise by
rendering solitary support to countries at an early stage of
economic development in the shape of joint planning and technical
assistance.
The provisions contained in Article 13 which purport to
establish safeguards against the utilisation of tariffs imposed
with a view to nursing new industries or of other protective
measures in an exaggerated manner or a spirit of agression seem
well balanced and appropriate to the ends to be pursued, and
their real implication seems to be that the field of planning
for the progress of undeveloped or insufficiently developed areas
will also be submitted to the I.T.O. for consultation, advice
and assistance by means of concerted action by the member countries.
With regard to this department of the current work of the
I.T.O., the I.C.A. , whose members include Co-operative Organi-
sations in such countries - inspired by the keen and serious
desire to participate in raising the prosperity of their peoples
and with valuable experience of the most suitable methods of
organisation and education to that end - offers its unreserved
assistance to the International Trade Organisation.
JUNE, 1947 |
GATT Library | rt987qy6678 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment | United Nations Economic and Social Council, August 11, 1947 | United Nations. Economic and Social Council | 11/08/1947 | official documents | E/PC/T/W/271 and E/PC/T/W/261-306 | https://exhibits.stanford.edu/gatt/catalog/rt987qy6678 | rt987qy6678_90050423.xml | GATT_152 | 0 | 0 | |
GATT Library | rv905dc3912 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment | United Nations Economic and Social Council, August 11, 1947 | United Nations. Economic and Social Council | 11/08/1947 | official documents | E/PC/T/W/271 and E/PC/T/W/261-306 | https://exhibits.stanford.edu/gatt/catalog/rv905dc3912 | rv905dc3912_90050423.xml | GATT_152 | 361 | 2,576 | UNITED NATIONS NATIONS UNIES RESTRICTED
ECONOMIC CONSEIL 11 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 Delegation of the United States submits the following
amendments to Article XXXII of the General Agreement on Tariffs
and Trade, which are proposed with a view to meeting the diffi-
culties cited by the Australian Delegation in connection with
signature of the Agreement.
Article XXXII
Provisional Application
1. The Governments of the Commonwealth of Australia, Belgium
(in respect of the metropolitan territory) and Luxemburg,
Canada, , the French Republic (in
respect of the metropolitan territory), _ the
Netherlands (in respect of the metropolitan territory),
The United Kingdom of Great Britain and Northern Ireland (in
respect of the metropolitan territory) and the United States of
America, shall. on and after [November 1] December 35, 1947 and
provided that the signatures of all of such Governments shall
have become effective December 1. 1947, apply provisionally.
(a) Parts I and III of this Agreement, and (b) Part II
of this Agreement to the fullest extent not inconsistent
with existing legislation. The other signatory govern-
ments, and the above-named governments in respect of any
territories other than their metropolitan territories
shall take like action as soon as possible after
[November 1] December 15, 1947,
2. Pending the definitive entry into force of this Agreement
any contracting party shall be free to withdraw its provisional
P.T.O. E/PC/T/W/271
page 2
application of this Agreement, in whole or in part, on sixty
days' written notice to the Secretary-General of the United
Nations.
IN WITNESS WHEREOF the respective Representatives, after
having exchanged their full powers, found to be in good and due
hereto have signed this agreement and have affixed their seals
hereto.
DONE in duplicate, in the English and French languages,
both authentic, at Geneva, this _____ day of _______ 1947.
FOR THE[, etc.] Commonwealth of Australia:
xxxxwxxxxxxx
This signature shall become effective when the Government
of the Commonwealth of Australia has given written notice to
that effect to the Secretary-General of the United Nations, who
will immediately notify all other signatories of this Agreement. |
GATT Library | tb870tf8906 | Second Session of the Preparatory Committee of the United Nations Conference on Trade and Employment | United Nations Economic and Social Council, April 17, 1947 | United Nations. Economic and Social Council | 17/04/1947 | official documents | E/PC/T/46 and E/PC/T/44-66 | https://exhibits.stanford.edu/gatt/catalog/tb870tf8906 | tb870tf8906_92290052.xml | GATT_152 | 166 | 1,281 | UNITED NATIONS
ECONOMIC CONSEIL RESTRICTED
AND ECONOMIQUE E/PC/T/46
SOCIAL COUNCIL ET SOCIAL April 17 1947
SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT
The folIowing meetings have been arranged for
next week.
I. Chairmen's Committee (Heads of Delegations)
Monday, April 21st, 10.30 A.M., Room VII
Provisional Agenda
1) Preliminary consideration of note
by Executive Secretary on consultation
with non-governmental organizations
in Category A: E/PC/T/45
2) Note by the Chairman on the election
of Vice-Chairmen, E/PC/T/DEL/20
3) Report by Ad hoc Working Party on
Tariff Negatiations, (to be circulated)
II. Preparatory Committee, 2nd Executiie Session
Tuesday, April.22nd, 10.30 A.M., Room VII
Provisional Agenda
1) Election of Vice-Chairmen (Agenda: item.
E/PC/T/35)
2) Statement by French Delegation on the
French tariff.
3) Statement by Czechoslovak Delegation on the
Czechoslovak tariff.
4) Discussion of the method of work of the
Second Session (Agenda item 5).
Report from Chairman's Committee (Heads of
Delegations) on tariff negotiations
procedures ( to be circulated ).
NATIONS UNIES |
GATT Library | pd326kn3388 | Second Session of the Preparatory Committee of the United Nations Conference on Trade and Employment : A G E N D A of Twenty-second Meeting in Executive Session to be held on Friday 22nd August at 10.30 a.m | United Nations Economic and Social Council, August 21, 1947 | United Nations. Economic and Social Council | 21/08/1947 | official documents | E/PC/T/182 and E/PC/T/180-186 | https://exhibits.stanford.edu/gatt/catalog/pd326kn3388 | pd326kn3388_92290235.xml | GATT_152 | 120 | 837 | UNITED NATIONS
ECONOMIC
AND
SOCIAL COUNCIL
CONSEIL
RESTRICTED
E/PC/T/182
21 August, 1947.
ECONOMIQUE ORIGINAL: ENGLISH
ET SOCIAL
SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT
A G E N D A
of
Twenty-second Meeting in Executive Session
to be held on Friday 22nd August at
10.30 a.m.
1. Consideration and approval of the report of the
Sub-Committee on Article 33 (E/PC/T/168).
2. Consideration of paper submitted by the United
Kingdom Delegation regarding the note in
document E/PC/T/180 concerning the former
Article 36 of the draft Charter (E/PC/T/W/308).
3. Consideration of report of the Second Session
(E/PC/T/180).
4. Arrangements for conclusion of discussions on
the General Agreement on Tariffs and Trade.
(E/PC/T/181).
NATIONS UNIES |
GATT Library | yx178dn5578 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : A New Article to the Draft General Agreement on Tariffs and Trade - E/PC/T/135 Proposed by the Chinese Delegation | United Nations Economic and Social Council, August 11, 1947 | United Nations. Economic and Social Council | 11/08/1947 | official documents | E/PC/T/W/276 and E/PC/T/W/261-306 | https://exhibits.stanford.edu/gatt/catalog/yx178dn5578 | yx178dn5578_90050428.xml | GATT_152 | 140 | 965 | UNITED NATIONS
ECONOMIC
AND
SOCIAL COUNCIL
NATIONS UNIES
CONSEIL
ECONOMIQUE.
ET SOCIAL RESTRICTED
E/PC/T/W/276
11 August 1947
ORIGINAL: ENGLISH
SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFEENCE ON TRADE AND EMPLOYMENT.
A New Article to the Draft General Agreement on
Tariffs and Trade - E/PC/T/135 Proposed by the
Chinese Delegation
ARTICLE X
Registration of the Agreement
The United Nations is authorised to effect the
registration of this Agreement as soon as it comes
into force.
DEUXIEME SESSION DE LA COMMISSION PREPARATOIRE DE
LA CONFERENCE DU COMMERCE ET DE L'EMPLOI DE
L'ORGANISATION DES NATIONS UNIES
Nouvel article que la délTgation chinoise propose
d'ajouter au project d'Accord général sur les tarifs
douaniers et le commerce - E/PC/T/135
ARTICLE X
Enregistrement de l'Accord
L'Organisation des Nations Unies est autorisTe
à effectuer l'enregistrement de cet Accord des qu'il
entrera en vigueur. |
GATT Library | wk134kd0952 | Second Session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Activities of the Economic and Employment Comission | United Nations Economic and Social Council, July 7, 1947 | United Nations. Economic and Social Council | 07/07/1947 | official documents | E/PC/T/122 and E/PC/T/106-124 | https://exhibits.stanford.edu/gatt/catalog/wk134kd0952 | wk134kd0952_92290148.xml | GATT_152 | 4,258 | 28,701 | ECONOMIC CONSEIL UNRESTRICTED
AND ECONOMIQUE E/PC/T/122
SOCIAL 7 July 1947
SOCIAL COUNCIL ET SOCIAL ORIGINAL: ENGLISH
SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT.
ACTIVITIES OF THE ECONOMIC AND EMPLOYMENT COMISSION
With reference to document E/PC/T/DEL/35, attached is
the reply which has now been received to the communication
which the Preparatory Committee addressed to the Economic and
Employment Commisson.
Attached also are extracts from the Report approved by
the second Session of the Economic and Employment Commission.
In connection with this attachment it will be recalled that
the Secretriat has already circulated for the information of
the Preparatory Committee the Provisional Agenda of the Second
Session of the Economic and Employment Commission (E/PC/T/69).
The attached extracts represent essentially the full.
report of the Second Session of the Economic and Employment
Commission with the exception of sections relating to the
Agenda (Part II) and the Rules of Procedure (Part III and the
Annex). Furthermore, It should be noted that the introductory
Section of tne Report has been somewhat abbreviated by the
deletion of portions not of direct interest to the
Preparatory Committee.
NATIONS UNIES
UNITED NATIONS E/PC/T/122
page 2
24 June 1947
"Mr.Max Suetens, Chairman
Second Session of the Preparatory
Committee of the United Nations Conference
on Trade and Employement,
Palais des Nations,
Geneva, Switzerland.
Dear Mr. Suetens:
In secordance with your request of 23 May addressed to
the Secretary of the Economic and Employment Commission, there
is herewith transmitted to you a copy of this Commission's
report covering its Second Session. The Commission is
grateful for your invitation to send a representative of the
Economic and Employment Comission so that your Committee
might have the benefit of a discussion of the Commission's
report with him.
The Commission considers, however, that the sending of
such. a representative may not be necessary and suggests that,
should any questions arise concerning this Commission's report,
you might address such questions to the Secretary of this
Commission, who, in the preparation of any reply, will have the
benefit or consultation with the Acting Chairman and the
Rapporteur of this Commission.
Yours sincerely,
(Signed) DAVID WEINTRAUB,
David Weintraub, Secretary
Economic and Employment Commission" E/PC/T/122
page 3
PART I
Introduction
The following members and alternates attended the Session:
Vice Chairman:
Rapporteur:
Mr. Alexander P. Morozov
Mr. Isador Lubin
Union of Soviet
Socialist
Republics
United States of
America
Mr. E. Heyward K (1)
Mr. Fernand van Langenhove
Mr. E. de Selliers x
Mr. Leonid Kaminsky K
Mr. Jose Nunez Guimaraes(2)
Mr. J. F. Parkinson (3) K
Mr. P. C. Chang (4) K
Mr. T. Y. Wu x
Mr. Carlos Blanco x
Mr. L. Radimsky x
Mr. Jacques Rueff (5)
Mr. R. K. Nehru (6)
Mr. S. Sen x
Mr. P. J. Bjerve x
Mr. A. Rudzinski x
Mr. R. L. Hall
Australia
Belgium
Byelorussian
Soviet Socialist
Republics
Brazil
Canada
China
Cuba
Czechoslovakia
France
India
Norway
Poland
United Kingdom
x Alternates designated by their respective Governments for the
Second Session, in accordance with the procedure contained in
the Resolution of the Economic and Social Council of 28 March
1947.
(1) Not present after the 25th Meeting, held 3 June 1947. Mr. de
Selliers attended the subsequent meetings.
(2) Attended Session through the 36th meeting, held 13 June 1947,
but had to leave because of other official duties. Mr. Roberto
de 0. Campos participated in the work of the Commission without
vote at the subsequent meetings.
(3) Not present after the 37th meeting, held 16 June 1947, because
of other official duties.
(4) Not present after the 28th meeting, held 10 June 1947. Mr. Wu
attended the subsequent meetings.
(5) Not present after the 36th meeting, held 13 June 1947, because
of other official duties. Mr. J. de Folin participated in
the work of the Commission without vote at the subsequent
meetings.
(e) Attended Session through the 28th meeting, held 10 June 1947,
but had to leave in order to attend the First Session of the
Economic Commission for Asia and the Far East. Mr. Sen
attended the subsequent meetings. E/PC/T/122
page 4.
In the absence of the Chairman, Mr. Alexander P. Morozov,
Union of Soviet Socialist Republics, presided as Chairman for
the entire Session.
The representatives of the following Specialized
Agencies participated in the work of the Commission:
International Labour Organization
Food and Agriculture Organization of the
United Nations
The International Bank for Reconstruction and Development,
the International Monetary Fund and the World Health Organization
were represented by their observers who participated in the
work of the Commission.
The meetings of the Commission were also attended by
the consultants of the following Non-Governmental Organizations
in Category "A":
World Federation of Trade Unions
International Co-operative Alliance
American Federation of Labour
International Chamber of Commerce
PART IV
Selection of Members of the Sub-Commission on Employment
and Economic Stability and the Sub-Commission on Economic
Development
1. At its Third Session the Economic and Social Council
directed the Commission to establish a Sub-Commission on Employ-
ment and Economic Stability and a Sub-Commission on Economic
Development. The Terms of Reference of the Sub-Commissions
included under "Composition" the following:
"(i) The Sub-Commission shall be composed of seven persons
selected by the Commission in consultation with the
Secretary-General and subject to the consent of the
Governments of the countries of which the persons
are nationals. Not more than one person shall be
selected from any single country.
"(ii) The terms of office of the members shall be three
years. Members shall be eligible for re-election.
In the event that a member is unable to serve for
the full three-year terms, a person selected by the
Commission subject to the foregoing provisions should
serve in his place for the remainder of the term."
2. In accordance with the above, the Commission at its Twenty-
seventh Meeting, Second Session, held 5 June 1947, elected the
following persons to its Sub-Commissions: E/PC/T/122
page 5.
Sub-Commission on Employment and Economic Stability
M. BELIN of France
ALEXANDER DANILOV of the Union of Soviet Socialist Republics
RAGNAR FRISCH of Norway
R.F. HARROD of the United Kingdom,
OSCAR LANGE of Poland
LESLIE G. MELVILLE of Australia
WINFIELD RIEFLER of the United States of America
Sub-Commission on Economic Development
JOSE NUNEZ GUIMARAES of Brazil
D.K. LIEU of China
ALEXANDER P. MOROSOV 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
3. In connection with the election of members of these two Sub-
Commissions the question of alternates was discussed by the Commission.
The Commission is of the opinion that in cases of emergency the
Sub-Commission should themselves decide this matter. The attention
of the Economic and Social Council is called to this opinion of
the Commission.
PART V
International action Regarding Better Utilization of
World Resources of Manpower, Materials, Labour and
Capital
1. The Economic and Employment Commission has again examined
various aspects of economic development. 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 is 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.
2. 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.
3. In the discussion of the Commission, several members
called attention to the variety of objectives envisaged by
development programmes in their respective countries. While
these programmes are primarily directed to increased industrial-
ization and improved methods of agricultural production E/PC/T/122
page 6.
as means of raising the standards of living, a number of other
considerations were raised as to the objective or desire for
development, such as industrailization as a step toward better
preparation for defense and as a means for strengthening
national independence.
4, It was suggested that expenditures on armaments constitute
one of the most serious hindrances to economic development,
5. It was suggested that development programmes should be
directed toward making nations less dependent on foreign markets;
that internationally assisted programmes should be compatible
with agreed international objectives, such as the expansion of
world trade and economic stability; that, historically, the
developed nations had reached their position under a variety of
oircumstances and by a variety of methods, and that, accordingly,
a comparative analysis of the patterns of industralization would
be desirable. The Sedretariat was requested to arrange such
analyses.
6. With regard to the means of development, emphasis was
placed in the discussion on the availability of loan funds and
the provision of technical assistance and advice. In that
connection it was emphasized that the granting of loans should be
in accordance with the principle that loans for economic development
should be in the interest of the peoples of the countries receiving
credit and assistance without political and other advantages
accruing exclusively to the countries rendering the credits or
assistance. It was also emphasized that programmes of economic
development should proceed in such a way as to promote economic
stability and progress in both capital exporting and capital
importing countries. Several members of the Commission inquired
about the possibility of using locally available materials and
labour, particularly as an alternative to increased imports of
capital, and expressed an interest in finding out to what extent
actual programmes of development have in some countries been
carried to completion without foreign assistance. It was also
suggested that in view of the scarcity of many materials needed
for economic develo ment and the conflicting requirements for
reconstruction, consideration should be given to the question of
priorities among the needs for the available scarce materials.
It was also pointed out by several members that high export prices
hinder the processes of economic development.
7. Attention was called to the desirability of nations proceeding
with small but immediate development projects since even small.
beginnings could be important as opening the way to larger under-
takings in the future. The Commission approved the principle
enunciated by the Food and Agriculture Organization Preparatory
Commission on World Food Proposals to the effect that even small
initial projects should be developed "without waiting until a
particular development can be included in a fully comprehensive
project, the adequate formulation of which may require considerable
time." Requests for aid and advice relating to such projects as
may be desired by any Member country from United Nations agencies
or from Specialized Agencies should be made directly to such.
agencies. E/PC/T/122
page 7
8. It is recommended that the Economic and Social Council
request the General Assembly to appropriate any additional
funds that may be necessary for the Secretary-General to carry
out the investigations recommended by this Commission, to
provide technical assistance to Member Governments upon their
request, in accordance with the resolution of the Economic and
Social Council of 28 March 1947, and to facilitate the co-
ordination of the activities of this Commission and its Sub-
Commission on Economic Development with the activities of the
Economic Commission for Europe, the Economic Commission for
Asia and the Far East and other Commissions which have
interests ln the problem of economic development or recon-
struction, and to the extent consistent with their respective
Charters and with the terms of their agreements with the
United Nations, also with the activities of the International
Bank for Reconstruction and Development and the Specialized
Agencies with responsibilities in this field.
9. The Commission did not wish to add further formal
Instructions to its Sub-Commission on Economic Development
beyond those contained in the Report of its First Session.
However, it wishes to draw the attention of the Sub-Commission
to the Economic and Social Council's Resolutions of 28 March
1947 relating to technical and other assistance, to the
various documents bearing on economic development submitted
to this Commission, and to the discussions at its Second
Session.
PART VI
Initiation of Regular Reports to the Economic and
Social Council on World Economic Conditions and
Trends
1. The Commission considered the Council Resolution of
28 March 1947 relating to the initiation of regular reports
on world economic conditions and trends to the Council. It
also had before it the suggestions submitted by the Repre-
sentatives of Australia., Norway, and the United States of
America, as well as from the Food and Agriculture Organization,
During the discussion of this item several members made
further suggestions on the types of materials and analyses
to be covered by reports.
2. The Commission concluded that it would be best at this
time not to draw up a definitive programme of reports but to
proceed experimentally. Once each year the Commission
intends to make a comprehensive review of world economic
conditions and trends in the light of recommendations from
its Sub-Commissions, and to include in its Report to the
Council its comments and recommendations.
3. It concluded further that the Secretariat should be
left free to prepare, where appropriate in co-operation with
the Specialized Agencies, and publish such reports and analyses
as it may find necessary and feasible in the light of changing E/PC/T/122
Page 8
world economic conditions and the consequent changing require-
ments of the Assembly, the Council, and its Commissions and
Sub-Commissions. Although the Commission is thus not making
any specific suggestions to the Secretariat with respect to
the contents of its reports or their form or frequency, it
does expect that the Secretariat will, in connection with
these matters, take into consideration the suggestions made
by various members of the Commission, the Commission's
instructions to its Sub-Commissions and the schedule of
meetings of the Council and of the Commission and its Sub-
Commissions. In particular, the Commission hopes that the
Secretariat will soon be in a position to place before the
Council at each Session a summary of current conditions and
trends for the Council's information in dealing with
particular issues of economic importance on its agenda.
The Commission understands that the Secretariat will prepare.
its reports on the basis of data available to the Secretariat
in accordance with the administrative practices of the
Governments concerned.
4. The Commission commends the Secretariat for its
initiative in the preparation of their draft reports on
world economic trends and on economic development. These
draft reports were informally made available to the members
of the Commission and several of the members urged that they.
be completed and published as early as possible.
PART VII
International Action to Maintain World Full
Employment and Economic Stability
1. The statements submitted to the Economic and Employment
Commission by its members, by Specialized Agencies, and by
Non-Governmental Organizations in Category "A", and the
discussions during the Second Session of the Commission
clearly indicate that the maintenance of world full employ-
ment and economic stability involves two distinct aspects,
The first relates to the immediate problems among which is
the reconstruction of economies disrupted by war. Such
rehabilitation is a prerequisite to attaining world economic
stability. The second relates to longer term policies and
practices affecting economic stability and full employment.
2. As to the immediate or short term situation, it was
brought to the attention of the Commission that there was
unemployment in a number of countries, Attention was also
directed to the increase in the prices of commodities in
international markets and the contention was made that the
lowering of such prices would contribute to the attainment
of world economic stability. The Commission concluded that
the economic instability and unemployment which exist or
impend in the world today are to a large extent the result
of the destruction or dislocation of economic resources and
economic mechanisms caused by the war, and to the fact that E/PC/T/122
page 9
the reconstruction needs of many countries have not, up to
the present, been fully or adequately met.
3. The Commission recognized that countries which have
suffered destruction and dislocation have made very great
efforts to rebuild their shattered economies and to attain
full employment and stable economic conditions. Notable
progress in these directions has already been achieved.
4. The Commission also recognized that, by means of
concerted international co-operation, and by independent
action, countries able to render aid to others have already
given substantial assistance in the tasks of reconstruction.
5. Notwithstanding all these efforts, the speed of world
recovery needs acceleration. The severity of weather
conditions in certain areas during the last year and the
resultant damage to the production of food and industrial
materials have served to aggravate the situation. Moreover,
the abnormal rise in prices has proved a handicap. Much
more therefore remains to be done.
6. In order to Attain and maintain full employment and
economic stability in the world today, the Commission believes
that greater efforts will be needed, and that the struggle
must be continued on a number of fronts. Such efforts
must be made by these countries which are in a position to
extend addition economic assistance to other Member nations,
as well as by these whose need. for assistance is very great.
7. Accordingly, the Commission submits the following
resolutions to the Economic and Social Council for its
consideration:
RESOLUTION I
THE ECONOMIC AND SOCIAL COUNCIL
(a) URGES the members of the United Nations to
contribute within their capacities toward achieving
the purposes of the Charter relating to the promotion
of higher standards of living, full employment, and
conditions of economic and social progress and
development;
(b) RECOMMENDS to Member nations that have already
attained high levels of output that they take
appropriate steps to maintain such levels in order
to remain in a position to assist the world economy
to attain ful employment ,.nd economic stability;
(c) RECOMMENDS to Member nations that have commodities
which they can make available for the reconstruction
of countries disrupted by war that they avoid, to the
extent that their resources of foreign exchange permit,
measures tending to reduce imports from countries in E/PC/T/122
page 10
need of economic reconstrution in order to increase
the ability of such countries to purchase their
necessary requirements in international markets, and
that they continue to make financial nnd other resources
available to assist in providing essential goods to
Members in need of economic reconstruction; and
(d) RECOMMENDS to Member nations whose economies are
in need of reconstruction that to the extent their
resources permit they (1) direct their attention above
everything else to increasing their production to a
maximum level, (ii) adopt monetary and fiscal policies
which will yield them the maximum assistance in in-
creasing production without compromising economic
stability, (ii.) make every effort to maximize the use
of their manpower in a manner which will affford the
greatest pubsuible efficiency and (iv) avoid such
measures restrictive of international trade as will
reduce thoir ability to secure necessary imports and
impair economic stability in other parts of the world.
RESOLUTION II
THE ECONOMIC AND SOCIAL COUNCIL
(a) CALLS the attention of the Members of the United
Nations to the existence of unemployment in a number
of countries, which is reaching sizeable proportions
in some of the countries, and calls upon the Govern-
ments of the countries concerned to adopt all measures
within their powers for the ahievement of full
employment;
(b) CALLS upon the Members of the United-Nations to
take measures towards lowering of abnormally high
prices, especially for export goods; and
(c) FAVOURS loans and credits to Member nations which
are directed exclusively towards economic stability
and reconstruction in the interests of the peoples of
the countries receiving credit.
8. As to the longer run problems of economic stability and
full employment, the Commission. at its First Session, pointed
to various lines of inquiry that might be fruitful in
realizing the terms of reference of the Sub-Commission on
Employment and Economic Stability. It also gave certain
instructions to the Sub-Commission. The Commission now
calls these instructions to the Sun-Commission's attention.
9. Among materials submitted for the consideration of the
Commission were documents from the representatives of the
Byelorussian Soviet, Socialist Republic , the United Kingdom,
the United States of America, from the International Labour
Organization, the Food and Agriculture Organization, the
United Nations Preparatory Committee on Trade and Employment,
the American Federation of Labor, the World Federation of
Trade Unions, the International Chamber of Commerce, the E/PC/T/122
page 11
International Federation of Agricultural Producers, and the
International Co-operative Alliance. Accordingly the
Sub-Commission is instructed to give due consideration to
the lines of inquiry and suggestions contained in these
documents, and to recommend such actions as the Sub-Commission
deems advisable, so that this Commission may be in a position
to consider the recommended actions In connection with its
own recommendations to the Economic and Social Council.
PART VIII
Secretariat Report on Work Arising Out of Several
Recommendations of the Economic and Employment
Commission and Resolutions of the Economic and
Social Council
The Commission noted the report of the Secretariat
related to this matter. The Commission took action with
respect to the question of international control and
allocations of commodities in short supply and the problem
of surplus commodities in prospect, and the question of house
and town planning.
1. International Control and Allocations of Commodities
in Short Supply And the Problem of Surplus Commodities
in Prospect
The Commission decided:
(a) With respect to commodities in short supply, to
request the Secretariat te prepare a report on the
question of how shortages in important commodities
constitute obstacles to reconstruction of devastated
areas, to economic development of under-developed
countries,. and to economic stability and full employ-
ment; and to request the Secretariat to submit the
report to the.Sub-Commission on Employment and Economic
Stability and to the Sub-Commission on Economic
Development.
(b) With respect to surplus commodities in prospect,
that in view of the Resolution adopted by the Economic
and Social Council on 28 March 1947 on Establishing an
Interim Co-ordinating Committee for International
Commodities Arrangements, no further action need be
taken by the Commission at this time.
2. Housing and Town Planning
(a) While endeavouring to meet the wishes of the Economic
and Social Council expressed in its Resolution of 28 March
1947 on Housing and Town Planning, which in part instructs
the Social Commission in collaboration with the Economic
and Employment Commission to submit recommendations to
an early Session of the Council regarding an international
conference of experts on housing (including a statement E/PC/T/122
page 12
of "objectives, scope and composition"), the Commission
wishes the Council to note that the Commission has, not
discussed this problem and therefore has no contribution
to make to it at this time. It decided, however, that
an observer be designated by the Chairman to attend the
next Session of the Social Commission when the discussion
of conference of experts on housing takes place.
(b) Mr. Jose Nunez GuImaraes (Brazil) was designated
as an observer by the Chairman, Mr. Morozov (Union of
Soviet Socialist Republics),
PART IX
Representation on the Population Commission
1. The Resolution of the Economic and Social Council,
establishing the Population Commission, states, in part, that:
"In order to maintain close liaison between the Population
Commission and other bodies concerned with population
problems, the Population Commission shall invite repre-
sentatives from the Economic and Employment Commission,
Statistical Commission and the Social Commission.
Such representatives may take part in the proceedings
of the Commission but shall not be entitled to vote."
2. Thé Economic and Employment Commission unanimously
elected Mr. Robert Deutsch, the Member fron Canada, as its
representative to the Population Commission.
PART X
Dates of Next Meetings of Economic and Employment
Commission and its Sub-Commissions on Economic
Development and on Employment and Economic Stability
In considering the question of dates of future Sessions
of the Commission and its Sub-Conmissions, the Commission had
before it the Resolution of the Economic and Social Council
concerning Sessions of the Council, its Commissions and Sub-
Commissions, adopted on 28 March 1947. The Commission agreed
to present the following views to the Secretary-General and
to the Economic and Social Council:
(a) The Third Session of the Commission should be
held between the first and second Sessions of the
Economic and Social Council In 1948.
(b) Both Sub-Commissions should meet as soon as
possible so as to enable them to hold two Sessions,
If necessary, before the first 1948 Session of the
Commission; the actual dates of the Sessions of the
Sub-Commissions to be fixed by the Secretary-General
after consultation with the officers of the Commission. E/PC/T/122
page 13
PART XI
Recommendations Relating to Carrying Out Programme
of Activities Approved By the Council
The Commission made an informal review of the staff
position in the Secretariat's Division of Economic Stability
and Development. It concluded that the present staff was
insufficient to cope with the programme of activities
approved by the Council which come under the purview of
this Commission. The Commission accordingly submits the
following resolution to the Economic and Social Council
for its consideration:
THE ECONOMIC AND SOCIAL COUNCIL
CONSIDERING that essential Secretariat functions
relating to economic stability and development which
have been requested by the Economic and Social Council
in Accordance with the Charter and cannot be performed
adequately and on time without additional staff
RECOMMENDS to the General Assembly that it appropriate
such additional funds as may be necessary for the
Secretary-General to carry out the above functions. |
GATT Library | tj719bs6852 | Second Session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Activities of the Economic and Employment Commission and its Subcommssions | United Nations Economic and Social Council, May 14, 1947 | United Nations. Economic and Social Council | 14/05/1947 | official documents | E/PC/T/69 and E/PC/T/66-91 | https://exhibits.stanford.edu/gatt/catalog/tj719bs6852 | tj719bs6852_92290078.xml | GATT_152 | 487 | 3,570 | UNITED NATIONS
ECONOMIC CONSEIL UNRESTRICTED
AND ECONOMIQUE E/PC/T/69
SOCIAL COUNCIL ET SOCIAL 14 May 1947
SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT
Activities of the Economic and Employment Commission and
itr, Subcommssions
In paragraph 2 (iii).of the commentary on article 11 in
the Report of the Drafting Cornmittee (E/PC/T/34, page 9) the
Secretariat -jas requested to report to the Preparatory
Committee on the activities of the Economic and Employment
Commission and its subcomissions insofar as: t-ney might, relate
to subjects under discussion in the Preparatory Committee, with
particular reference to Article 11 of Chapter IV.
It will be recalled tLat representatives on the Drafting
Committee were provided with copies of the full report of the
first session of the Commission (E.255). Delegations are
reminded that, in addition to the activities of the full
Commission, the report dealt with -the functions to be
performed by the Subcommission on Economic development
(pages 11-16), and outlined the proposed functions of the
Subcommission on Employment and Economiic.Stability (pages
17-sO). A few copies of the report are available in the
Secretariat and may be secured by interested Delegations
for reference purposes from:Mios Parce, Room 211, ext.2219
In addition, the.Secretariat has circulated to the
Preparatory Committee the relevant resolutions adopted by
the Economic and Social Council on the report of the Economic
and Employment Commission (Documents E/PC/T/55 and 56).
In order to inform the Preparatory Committee further
on the proposed' future aotivitees of'the.Commission, the
agenda of the forthcoming meeting of the Commission is
attached for the information of Delegations.
P.T.O.
NAlTIONS UNIES E/PC/T/69
page 2
"ECONOMIC AND EMPLOY.ENT COMISSION
Second Session: 2 June - 14 June 1947
Lake Success, N. Y.
Provisional Agenda
1. Adoption of Rules of Procedure.
2, Adoption of Agenda.
3. Selection of members of the Sub-Commission on Employment
and Economic Stability.
4, Selection of members of the Sub-Commlsslon on Economia
Development.
'-5.' The initiation of regular reports to the Economi and
Social Council on world economic conditions and trends.
(See Section (b) of Resolution on Employment and
Economic Development, document E/PC/T/56)
6. Recommendation to the Economic, and Social Council regarding
International action to malntaIn'world full employment and
economic stability.,
(See Section (c of Resolution, on EmplToyment and
Economic Development, document E/PC/T/56)
7. Recommendations to the.Economic and Social Counoil
regarding international action for facilîtatîng the
better utilization of world resources of manpower,
materials, labour and capital.
(See Section (a) of Resolution on Employment
and Economic Development, document E/PC/T/56)
8. Secretariat report on work arising out of several
recommendations of the Economie and Employment Commission
and Resolutions of the Economic and Social Council.
9. Representation on the Population Commission.
10. Date and place of sessions of
(a) Economic and Employment Commission
(b) Sub-Commission on Economic Development
(c) Sub-Commission on Employment and Economic
Stability
11. Other business.
12. Adoption of a Report or the Economic and Employment
Commission to the Economic arnd Social Council." |
GATT Library | wd203ph1039 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Ad hoc Sub-Committee on Articles 14, 15 and 24. Note by the secretariat. on Articles 14 and 24 | United Nations Economic and Social Council, June 7, 1947 | United Nations. Economic and Social Council | 07/06/1947 | official documents | E/PC/T/W/179 and E/PC/T/W/177-207 | https://exhibits.stanford.edu/gatt/catalog/wd203ph1039 | wd203ph1039_90050319.xml | GATT_152 | 0 | 0 | |
GATT Library | mb380gz7873 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Ad hoc Sub-Committee on Articles 14, 15 and 24. Note by the secretariat. on Articles 14 and 24 | United Nations Economic and Social Council, June 7, 1947 | United Nations. Economic and Social Council | 07/06/1947 | official documents | E/PC/T/W/179 and E/PC/T/W/177-207 | https://exhibits.stanford.edu/gatt/catalog/mb380gz7873 | mb380gz7873_90050319.xml | GATT_152 | 2,406 | 15,414 | RESTRICTED
ECONOMIC CONSEIL E/PC/T/W/179.
AND ECONOMIQUE 7 June 1947
SOCIAL COUNCIL ET SOCIAL ORIGINAL: ENGLISH
SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT.
AD HOC SUB-COMMITTEE ON ARTICLES 14, 15 and 24.
NOTE BY THE SECRETARIAT
ON ARTICLES 14 and 24.
The following note should be read in conjunction
with the Annotated Agenda for discussion of Articles 14, 15,
15A and 24 (W.150) and the Report of the Drafting Committee.
It indicated briefly the decisions taken in connection with
the general discussion of these Articles in Commission A and
refers to new amendments suggested or other points raised
during that discussion.
A similar note on Articles 15 and 15A will be issued
later.
General Comment.
The United States delegation has declared that it may
wish, at a later stage, to make suggestions for a general
regrouping of the articles under Chapter V. Meanwhile it
proposes that Articles 14, 15 and 24 should in any event be
grouped together under a single section (W.146). The
Chairman pointed out that the Steering Committee had already
indicated that these articles were very closely connected
(A/PV.8, page 12).
NATIONS UNIES
UNITED NATIONS E/PC/T/W/179
page 2
Article 14
General Comment (D.C.Report, page 10)
(a) The following modifications in the reservations with
regard to the adaptation of praferences within a
preferential system were made in the general discussion:
Australia: Did not wish to maintain its reservation
referring to the extension of existing
preferences if the Commission should decide
against such proposal, but would find it
difficult to withdraw obligations freely
entered into in the past with regard to the
extension of "accordable preferences"
(A/PV.7 page 28).
India: Withdraws its suggestion (A/PV.7 page 29).
Union of
South Africa: " " " (A/PV.7 page 29).
Article 14, pargraph 1.
(a) French observations with reference to the question of
direct consignment (W-.141): The French delegate hoped
that it would be possible to revise the French legislation
in time for the signature of the Tariff Agreement. Otherwise,
the French Delgation would have to raise the matter again
at that time (A/PV.7, pages 10, 12).
(b) United States Amendment (W.146): the Commission was in
general agreement with this amendment (A/PV.7, page 14).
(o) Australian amendment (W.147), implying addition of the
words except as provided elsewhere in this Charter", was
supported by the delegates for the United Kingdom and the
Union of South Africa. The delegate for Belgium objected
on grounds that the amendment might entail quantitative
restrictions and thus ir troduce a new "escape clause". The
delegates for the United States and Canada suggested the
matter be referred to the Sub-Committee. Decision: The
matter was referred to the Sub-Committee, which was advised
to seek legal assistance (A/PV.7 page 21).
(d) Cuban amendment (suggested in Commission A), involved
insertion (after "unconditionally") of the words "subject
to the provisions of Article 24" (W.159). This amendment,
which is connected with the Cuban suggestion (contained in
the same document) to add a new paragraph to Article 24,
was referred to the Sub-Committee (A/PV.7 page 6). E/PC/T/W/179
page 3
Article 14, paragraph 2.
(a) The-Chinese reservation in favour of the right of this
Government in case of absolute need to resort to
preferences (D.C.Report, page 10) was withdrawn.
(A/PV.7, page 24).
(b) Note was taken of the reservation of the Chilean, Lebanon and
Syrian delegates concerning their position, on Article 14,
made in the Executive Committee. The Chilean delegate
maintained his reservation; the delegate for Lebanon stated
that his reservation depended on whether a satisfactory
solution could be found to the question of regional
preferences elstwhere in the Charter, perhaps in Article 38
(A/PV.7, page 25).
(c) The two lists of territories covering the British Common-
wealth and the French Union were approved (A/PV.7, pages
26-27).
(d) United States amendment (W.146). The discussion turned on
tha suggested insertion of the words "or internal taxes".
The delegate for the United States stated that his country,
as well as some other nations, applied certain preferential
internal taxes. The delegate for New Zealand, supportiong
the United States amendment, stated that his country had
such a tax (of.D.C. Report, page 11, Specific comment (c)
to Article 15, paragraph 4). The delegates for Belgium
France and the Netherlands were of the opinion that, since
14:1 and 15 prascribed the suppression of discriminative
internal taxes, it vvould be difficult to add words
rendering such taxes negotiable. The matter was referred
to the Sub-Committee.
(e) The following points were raised by the delegate for
Australia with the request that they be considered by the
Sub-Committee (A/PV.7, pages 30-33)
(i) Temporary reduction or abolition of duties on
particular class of goods under the procedure of
bye-law when the old rate was re-established, the
margin of preference would be likely to increase;
(ii) It would be desirable to simplify certain multiple
customs tariffs and substitute a single preferential
rate; but this would involve the choice of a
"representative" rate; the preferential margin on
imports (of relatively small volume) from certain
countries would than be increased;
(iii) .The Australian amendment to Article 24: l b (see
below) might have to be considered under Article.14.
(f )French amendment concerning redraft of paragraph 2 (W.162),
suggested in Commission A. The French delegate declared
that this amendment was intended chiefly to do away with any
confusion between the preferential system on the one hand
and the margin of preference on the other. The amendment
was referred to the Sub-Committee (A/PV.7, page 34).
Note. The Secretariat may wish to make a suggestion
in the Sub-Committee in connection with this
amendment. E/PC/T/W/179
page 4
Article 24 - General comment.
(a) The delegate for Norway raised the question of changes in
the ad valorem equivalents pf specific tariffs that would
result if the international lavel of prices were to raise
or fall. The question was referred to the Sub-Committee
for consideration (A./PV.8, page 46).
(b) The delegate for Australia raised certain questions in
connection with the tariff negotiations. The initional
period of the resulting agreement should be preciously stated,
and the machinery by which a country can re-open its agree-:
ments, sas a whole or in part, should be clearly set out. He
thought that the agreements, while being applied multi--
laterally, shhould be biliteral in form so that, if country
wished to revise a certain tariff, it would not be formally
obliged to re-open negotiations with all the other countries
on the Organization but only with that with which the
reduced tariffs had been negotiated (A/PV.8, pages 43 - 46),
The Chairman thought that the Sub-Committee, when dealing
with this question, should consider drefting an appropriate
clause for insertion in the General Tariff Agreement. "It
is another question whether it is necessary or desirable to
have it inserted in the Charter"' (A/PV.8, page 46).
Article 24 , paragraph 1.
( ) United Kingdom amendment to the first sentence of preamble
(W.135) was withdrawn in favour of the United States amend-
ment (s A/PV.7, page 40)
(b) United States amendment ( 146) :
Preamble: There was no objection in the general discussion
(A/PV.7. page 40);
paragraph 1 () there was "general agreement " on this
amendment (same page):
paragraphs 1 (b) and 1 (c); were not discussed since the
Commission considered chiefly the more radical
amndment suggested by Australia (see below).
Note: The square brackets around towords and other
charges in line 6 (preamble) of the United States amendment
should be deleted.
(o) Australian amendment, referring to 2 : l (b) (W.147):
The Australian delegate explained that his delegation
considered both sub-paragraphs (b) and (c) unnecessary,
It did not suggest a change or supression of (c); it would
have lived to see (b) omitted but understood this might not
be acceptable to certain delegates and had hence suggested
rules which, he hoped might prove acceptable to all
(A/PV.7, pages 41- 46) E/PC/T/W/179 page 5
The delegates for the, following countaries supported the
canada ("we press vary strongly for a change which would
make the meaning clear"; A'/PV.7, page 47);
New Zealand ("great difficulty in accepting paragraph b");
Union of South Africa ("opposed rather uncompromisingly,
to rule (b) as it stands"; A/PV.7, page 52);
United Kingdom ("desirable to have more clear expression
on the lines of the Australian amendment";
A/PV.7, page 52);
The delegates for the following countries objected to the
Australian amendment:
Brazil (both b and c "should be kept " A/PV.7, page 46);
Cuba (suggestd an amendment of its own - see below);
United States ("could not accept the Australian proposal
es it stands but ...... feeel text it provides a
basis for disoussion; A/PV.7, page 51);
Note: 1. In sub-paragraph (iii) of the Australian
amendment, the words "or both" should be added
after "either".
2. The delegate for India who in London and
New York had objected to the rule that the
negotigted reductions should operate "automatically"
to educe or aliimiste margins of preference, did
not partake in the discussion.
The Australian amendment was referred to the the Sub-Committee
which, the Chairman suggested, would find the minites of the
discussion "sufficient guidance to arrive at a satisfactory
conclusion" (A/PV.7, page 52),
(a) Cuban recording of 24: lb (W.159) also at protecting
"the preference deliberately kept in force as a result
of careful deliberations". Refarred to the Sub-Committee
Article 24, paragreph 3.
(a) Reservations by Brazil and Chile (while in the Drafting
(Committee had suggested insertion of the words "and
particularly with regard to Members' legitimate need for
protection"):
Brazil: "willing to withdraw our reservation under
the conditions that the American amendment
is approved (A./PV.7 , page 53); S/PC/T/.W/17 9
page 6
Chile: dic not s. t.- .t orn tSis poir.t in
th: Mn-r,)- 1discuszio.n.
(b) Simlil r proposl by Chias. (.!76).
The Chirsmen made de. 'll.lrstz-ct , rit( /V
page 9): "T..is is axaactlyotiy the seme. id. f.s tAz omn
sub;litt,.d by thii. Brfzili9n rnd C0ilein dnl .nd
which w. fied in th. Jnit:d Ste.tç:s props. l, so I
think -t; cen con-c tretrz- o t;; UJnitLd Stste s proposal
P!hcn -;-c cuoS to it;' (cf . sl ts i' 1 fllov'irng point).
(o) Tnt Otilurn sug ;,_stiDn tri: t th-, .~xpr;ssiorî ",Witnout
- su-:-i-nt justiific-tion' b- r>idcred (D.C;.Report, pge 19),
2àiis -; es -- in t' . up iy t.;c Gii n dJl^6tc (4`/PV.8,
p -,g,2s 9-10)J . &_ . s onot in !. Position ti s'u"gst r: pr' cise
tcxz but tloDu:.it fhct -'; t.xt cDuld %.-siIy bu dcductud"
fri.a ais sHtt ._t. H ,ish..d ' solution including both
P dofSini timi of thi.;< .ord "iruI'fiei ,iAI -.,id tha Idr. -«.; bodied
in tl.o rdir 'ilt itilWtZ n. _d of HLibrs . ils proposal
w-s suopaoi-t.d by th., C.rced.lg Ti", .uestIDn 7es
rc.urrW.d *tJ thç Sub-Co.G."ittw.o (-/' p', Iôr, l; 9_c çzlso
point ( C ctlDoV').
(d) Unit.cd KuinpdL!. propose 1 o->nc.rnir;g .c I. ln t; o second
sznt_:nc-_ (7:..35J. Irn; Unit,-d JI;Iinésdoz.d1g pointed
out th t it shijuld b : op.,n to th.: Or;'.jîizrtion to sry to
o- rticu1- w :b :' thrt it hld not coritributed rough
'in th.: r o^ti;tion it hrHd *:ntcrd hc :'s supp.rtc;d by
thç dwlr ts for .tstr.ii ld tli,. Uiil t ,d ! t.-tfDs. Thoc
dcu1>g«t... tDr Fr iici. tSoulln.t the, viords "or to cofl2pl t&s'
mis- ,h t 1 iV- t Z t,) :Ar.rs d to "rl f 1 c F;çl. Thcs
dl; e. ~ t.LD Sa) .tu z.fricti dr..: t tt ntion to th.~ dif'Viculty
of d inirî, 1. process of' copltirig n;.otistions. The
Ch., 1r.:. -.nc--' dcç tzIlct l;hn , hol. Co:..Jirissi;on F-,-r.-d v!ith
th. ide.r undzrlyin.. t1ic, Unit:d Uiérdozi propzs.- 1 nd thEt
thc 'u-s.» ;si,.t IIiîîtr3Duct~ wo.ords to .r., it
still cI,;,rçri'I ./V8 p<s 7-8).
(a) Unit d St' tes %:j*r1d;U#nt (,..1J6) ' Unitc.d St&tçs
d. l£gte d;clzr.-d thi t th. discussion :n th, ,:r viOus
points h-d dc;-1t vith t!.i au4stions of siibstn.ncc; the
r-;;:ainiri;- chi n s sugr;;st.d iun Wi.L 6- w.r: simply dratting
rnas. T..~ C - ir~i-r. th;u;,ht tâ,t thc;r; v: s gunQrU.1
Ër,;i:.znt on th- Unit .d 3t' t s propos,1; th; Sub-Cori24.ittec,
w hil: ,sints throu&-àh it- cr;.r-ully. ta :J-obtç tliü ideFs
oft tniU Chilé-n lid Cconlsc dcl.:'t.s cauld bo t.':,n into
'CCou;.t, should n;t ;.tv,, to :p.-n thc- '.oi, disdussion on
t .il tt-r '. 1-so zxpr ss.d t'l hapc tIlr t rwsc.rv-tions
nd cltSrn-tiv_ t_"ts hould nic o.; x c;.uir _d (^/V8,
p-&c: 11) ... ...
(fl> Th-, ccr t'.ri t ;îr d S ; ; th.t th-. lnst scut r.c. c,
11.:3 w S suo.riLuDu)us. Tho Co..ision "'r S 'tt pr..p'.r.d,
iilo.Dv _r, to 13. »v. Dut t. t s _nt...nc. ( ./?Vc.S, pr: 12). New pargra.v' . s t thd enit;ded kinngdom kingdom(D.C. R, pDrort
p,Eg 19; or ;.\pvr.,p-ags 1;3-2).
Th' UnitEe ikCngdondrs çgat tilju-e lt provi-31Dn of tnis
kind r. cuir;, iïi tix : rtr Dr th, Gn.r 1 L.rc.enI
(he rctu£tliy titz lit in both) Dr .s î,nts to thc
various sc:J.U1Sdu . C11h _S in t-rt v, Iue.tion iccre
tz;:i c.rn r ! i. ' G in r i c T.. question
Dt c in trriîV cl. ssifi Dr-tion -s iar; cow"plO.tîudj
it Z.ould bre rsone b Il Da v; -- prDvisiDn .or 2 'rJQzing
such csii ti;)n,, ard < s;codn f;oo-nzot in the
G-t. i.r rt .ztionian- thi t.o 1atrnerkiv..ofivçe of
(i) oCrzinj Dr (iiJ if onfl ca;nnDt fr3Qz ^, thon
Co.-:P"ns-,Uzry nWo;ti-; tins. ;1: -1 L z,ntiznv;d l;h,,-t tha
United Cdo:; propos.-l ;-s ,ivEn in tl`x D.C. Report would
hî.,-ç. tz) bo: ç..*> rdd ria ~s to cov--r rvol;,tssif lctizn ce
products ( tr nsfurr drrdfro. ol irtei tz snot
cr 1./PV.8, p l18).
C-nr;dr;: '..reRs vith t; Unitdd C o z whii: nalt thinking
it posi`bI, ta îr z; cIessific- tio.s.
B*A.giu.): th- ttrc on=erte iwth 'furtn:r ri<otirtions"
rcquirus st.dy ini ,rat..r d.At'i1.
Chin;: rDund diiViculti-s du tD rt clsiîic.tions
rcquirGd inl the- Chineszà t-riff..
Unitià St,.t--s: "F t IE;-st fzr The pr_-sc;intI thz tiietter
should b- ozv6r.d in thc, Grrn:r l r ent. The C0.àtirman
r.rçrîàd, si-.oulo. phc th' provision in P-tiQl 2z ;nd
F-1z'D in ï1:;;b Elr .r tift
vra' ry.<rph su~E V-d
Tho on.o-uission, on th-. su--gdstizn Do tac; Ca.irzn,
.grd thnt tna; orzpos.l shouid rot bc dçr1t 1 ith at
thovnt S.ssizcr; udl~,g:tions mi:i*ht rFis,ç the c;uestion
ngein :'h.,n tc OrErnizr.tiza crA ooit:e into bcing
(:./PV8, pup -..2). (I: viw of t4àis c;-cisIDn the
points rr'isad duria. th discussion ar-' not su.e..îcrjzad
herc )). |
GATT Library | zq269xt9021 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Ad hoc Sub-Committee on Articles 14, 15 and 24. Note by the secretariat on Articles 15 and 15 A | United Nations Economic and Social Council, June 9, 1947 | United Nations. Economic and Social Council | 09/06/1947 | official documents | E/PC/T/W/181 and E/PC/T/W/177-207 | https://exhibits.stanford.edu/gatt/catalog/zq269xt9021 | zq269xt9021_90050322.xml | GATT_152 | 3,573 | 22,944 | UNITED NATIONS NATIONS UNIES RESTRICTED
ECONOMIC CONSEIL E/PC/T/W/181
AND ECONOMIQUE 9 June 1947
SOCIAL COUNCIL ET SOCIAL Original: ENGLISH
SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS COMMERNCE ON TRADE AND EMPLOYMENT.
AD HOC SUB-COMMITTEE ON ARTICLES 14, 15 and 24
NOTE BY THE SECRETARIAT
ON ARTICLES 15 and 15 A
The following note should be read in conjunction with
the Annotated Agenda for discussion of Articles 14, 15, 15 A
and 24 (150) and the Report of the Drafting Committee. It
indicates briefly the decisions taken in connection with the
general discussion of these Articles in Commission A and
refers to new amendments suggested or other points raised
during that discussion.
Sources: E/PC/T/A/PV.9 and E/PC/T/A/SR.19.
Since the present note as prepared before
the last mentioned document had appeared,
there are no page references to that
document below.
Article 15
General Comment (D.C. Report, page 15)
(a) The suggestion of Brazil (that a paragraph be added to
provide for date of entry into force) was withdrawn
(A/PV.9, page 2).
(b) The Cuban reservation appears to be maintained (see under
paragraph 1 below).
Paragraph 1
(a) Deletion of this paragraph has been proposed by Cuba
(W.29, page 2), Norway (W.99) and the United States (W.23).
The discussion was closely connected with that or para-
graph 2 (see below). The following views of countries
may be noted:
Belgiuma Chile: against deletion of this paragraph
(A/PV.9, pages 5, 14-15, 21); E/PC/T/W/181
page 2.
China: delete paragraph 1; cannot accept United
States addition to paragraph 2 (A/PV.9, page 5);
Cuba: unable to accept paragraph 1 ("our country....
is continuously enacting laws to protect its
national interest, because there is no other
way for the industrialization...."; A/PV.9,
page 6);
Norway: delete paragraph 1 since this is equal to
existing paragraph 2 and the first sentence of
paragraph 3, but not clear enough. Cannot
accept U.S. addition to paragrapn 2 (A/PV.9, page 6);
United Kingdom: Paragraph 1 "too widely worded"; hence
delete on condition that United States addition
to paragraph 2 be accepted (see below).
The question of deletion was referred to the Sub-Committee
(see below).
(b) The question of the amendments proposed by China (W.79)
was not discussed in view of the proposal to delete the
whole paragraph (A/PV.9, page 3).
Paragraph 2
(a) Two reservations on this paragraph were mentioned in the
D.C. Report: that of Norway, now withdrawn, since the
Norwegian amendment of the whole article (W.99) contains
this paragraph, that of India was maintained.
(b) United States amendment, involving an addition to this
paragraph (W.123).
(i) The delegates for the following countries were in
favour of this amendment:
Canada (A/PV.9, page 9);
Brazil (ditto page 13);
BeIgium (except for the words "impose new or higher
internal taxes on the products of other
Member countries"; to this the delegate for
the United States replied that it had not been
thought advisable "to try to force the repeal
of all existing measures of this kind which....
are relatively few", cf. A/PV.9, page 13);
United Kingdom (See under paragraph 1 above);
Union of South Africa (rule required as counterpart of
tariff concessions; A/PV.9, page 20). E/PC/T/W/181
page 3.
(ii) The delegates for the following countries were against
the amendment:
China ("national treatment" should be confined to
taxes only: "this is as far as we can go";
otherwise industrialization will become
difficult, cf.A/PV.9, page 11; to this the
United States delegate replied that his amend-
ment "does not deal with anything other than
taxes'';. cf. ditto page 13);
Chile (the amendment conflicts with the spirit of
paragraph 1; there are in this paragraph -
including the first sentence - too many terms
requiring proper definition: "directly or
indirectly", "substantial", "like products",
"competitive products"; cf. A/PV.9, pages 14-15);
France (agrees wlith Chile, A/PV.9, page 16);
India (referring to its provincial sales taxes. The
provision suggested would lead to dispute;
cf. A/PV.9, page 16).
It ``as decided that the question should be
referred to the Sub-Committee which should consider "whether
some redraft of paragraph 2 is possible so as to meet such
points as the one presented by the delegate of the United
Kingdom and so as to clear away the objections of the
delegate of Chile; and also to see whether, in the light
of the draft they arrive at, it would be right toe omit
paragraph 1...'' (A/PV.9, page 21).
(c) In connection with the discussion of the United States
amendment, the following, points were made with reference to
the old text of paragraph 2:
India: maintains its reservation (cf. A/PV.9, page 16);
Brazil: was in doubt concerning, the words directly or
indirectly" and asked whether the U.S. corporation
income tax would be permitted; thought the
provision should cover only a discriminatory tax
on products; to this the United States delegate
replied that the word indirectly" would. cover
even a tax not on a product as such but on the
processing of the product (A/PV.9, page 19).
Note: In this connection, the United States
delegate said that it might be useful "to delete
the words 'directly or indirectly' in the fourth
line, and insert them in the second line, before
'internal taxes' ". In another connection, he
pointed out tha it might be better to say
'increased internal taxes' than higher internal
taxes'.
Chile: the words ``directly or indirectly" require proper
definition (see under (b) above). E/PC/T/W/181
page 4.
(d) Chilean amendment (W.56).
It was agreed that paragraph.2, as it stands, would not
conflict with.the spirit of this amendment, and that the
first foot note (on page 69 of .the D.C. Report) to
Article VIII of the General Agreement would also apply
in spirit and definition to the Charter itself. The
Chilean delegate was satisfied wiith this interpretation
(A/PV.9, page 24).
Paragraph 3
(a). 0f the four reservations as to requirements concerning
mixing, processing, etc., mentioned under (a) in the D.C.
Report (page 11), those of the Netherlands, New Zealand
and the Union of South Africa were substantiated by amend-
ments presented by the same countries (W.166 and W.62).
The delegate for the fourth country, Brazil, had asked for
instructions from his government and would communicate them
to the Sub-Committee.
(b) The country suggesting an addition of a second proviso and
reserving its position on the last sentence (D.C. Report,
page 11, (b)) was Czechoslovakia (W.150 wrongly says New
Zealand). This reservation appears now superseded by the
amendment presented by Czechoslovakia and certain other
countries in W.l66.
(c) The Union of South Africa proposed that the word
"transportation" in line 7 of this paragraph be deleted
(W.62). The delegate of that country suggested that the
Preparatory Committee "might deal with the whole subject
of transportation on the basis of the Report of the
Commission B (cf. E/PC/T.183, according to which Article
44 A should provide for complaint and consultation in the
case a Member's interests are prejudiced by business
practices in connection with services); cf. also A/PV.9,
pages 31-44.
The delegate for India supported the amendment (freight
rates may difffer according to the value of the goods moved;
hence the words "like products" may lead to dispute;
A/PV. 9, page 30).
The following countries opposed the amendment:
Australia (suggested, however, that the rule on transporta-
tion might be applied in full only to laws,
regulations and requirements that might be
established in the future, and applied to the past
only in so far as justified complaints were
received; cf. A/PV.9, page.41);
Belgium principle of non-discrimination to be established,
cf. A/PV.9, page 36;. the ITO might form a body of
experts to deal with its application;
recommended the Australian suggestion, cf.
A/PV.9, page 43);
(ditto, page 27);
Brazil E/PC/T/W/181
page 5.
Cuba (stated, however, that it might be useful to
await acceptance of the new Article 44 A, ditto,
page 29);
United States (if the principle of basing freight charges
on what the traffic will bear leads to
discrimination, the affected country could make
complaint under Article 35; the burden of proof
would be on the complaining country; "as a result
of complaints.... you might get some practical
application of these principles" ...; A/PV.9, page 45).
The South African amendment was referred to the Sub-Committee
which "should not try to come to any decision until after
Commission B has dealt with the unanimous report of its
first sub-committee". The decision of Commission B and the
discussion in Commission A will provide the background for
.the examination in the Sub-Committee (A/PV.9, :page 45).
(d) The amendments to paragraph 3 suggested by the United
States (W.23), Cuba (W,29), Benelux, Czechoslovakia and
New Zealand (W.106), India (W.25), Norway (W.99) and
China (W.79) were discussed together. Points raised during
the discussion are classified below together with the
amendments with which they appeared to be most closely
connected. The question concerning cinematograph films,
however, was excluded from this part of the discussion and
will be dealt with separately under paragraph 4 below.
(i) United States amendment (W.23)
A statement made by the United States delegate in
Commission A is attached to this document.
(ii) Cuban and Norwegian suggestions (W.29 and 99) that
the second and third sentences of the paragraph be
deleted.
The Cuban delegate said the reason for his suggestion
was that the matter was so complicated that it
could not be handled by international rules
(A/PV.9, pago 50).
The Norwegian delegate said, certain mixing regulations
were indispensible for countries with a planned
economy (ditto, pages 50-51). Referring to the
United States statement (mentioned under (i) above)
he said that the issue was whether a country would
be allowed to introduce regulations which would
lead to a decrease in the import of raw materials.
Chile: agreed with the proposed deletion.
Found the application of the paragraph dangerous
because of "inaccurate definition".
United Kingdom: opposed to deletion. These sentences
are complements to the first sentence. Without them,
loophole with same effect as quantitative re-
strictions. But the rule should not go beyond mixing
requirements for "like products"; it should not
apply, for instance, to the mixing of margarine with
butter. E/PC/T/W/181
page 6
Union of South Africa: "We will not get very far
with this question of mixing until we have a much
closer definition of what is meant by it."
(iii) Amendments of Benelux, Czechoslovakia and New Zealand
(W.106):
Czechoslovakia: mixing regulations not always re-
strictive. Private mixing practices could not be
ignored since they might become governmental in
the case of nationalization of industries.
New Zealand : Prohibition of mixing regulations might
also be restrictive. One would then have to have
recourse to subsidies and tariffs which are not
always satisfactory. Mixing of foreign with
domestic wheat aims at raising quality of the flour.
France : Countries find it difficult to adjust their
regulations in accordance with the text of this
paragraph; hence necessary to render it less severe.
W.106 should serve as basis for discussion.
Netherlands : Needed mixing regulations for wheat.
Could not modify its position but willing to have
the case examined by the Sub-Committee.
Brazil : Needed mixing regulations ror coal, alcohol.
Has asked for instructions and would communicate
them to the Sub-Committee.
(iv) Indian amendment (W. 25) : The Indian delegate pointed
out that his amendment was similar to that of
Benelux and Czechoslovakia (W.106). The Sub-Com-
mittee might discuss which of them was preferable.
He thought the Indian suggestion preferable since
it did not contain the stipulation ``unless the
effect ... is not more restrictive" etc. which
might be a source of argument.
(v) Chinese amendment (W.79) involving deletion of the
whole paragraph : The Chinese delegate explained
that the reason for his suggestion was that "any
attempt to extend the scope of national treatment
beyond taxation would be going too far to be accept-
able to us" (A/PV.9, page 49; sec also under para-
graph 1, ietter (e) above).
The question of the amendments new mentioned - except in so
far us they referred to films - was to be exnmined by the
Sub-Commission in the light of the discussion.
(e) In connection with the discussion ) of the above amendments
it was made clear (efter a question put by the delegate for
Australia) that the proviso in the second sentence refers to
the examples of internal requirements given in that sentence,
and not to the "laws, ragulations nnd requirements'' mentioned
in the first sentence. E/PC/T/W181
page 7 (f) Australian amendment (W.147). The delegate for Australia
declared that if a general clause meeting his amendment
will be inserted in the Charter, this amendment will
become unnecessary. It was agreed that this matter should
be considered by the Sub-Committee.
Paragraph 4 (Cinematograph films).
The amendments considered during the discussion were
those of Czechoslovakia (W.26), New Zealand (W.106), Norway
(W.99, including an addition to paragraph 5) and the United
States (W.23, including a suggestion of change concerning films
in paragraph 3). The following points may be mentioned:
Chile: Films should not be treated as merchandise.
The question should be studied in connection with
trade in books, newspapers and paper.
Czechoslovakia : agrees with Norway (see below).
Films are not a commodity or industrial product.
It should be stated in Article 15:4 or still
better in Article 37 that the Charter is not in-
tended to regulate the distribution or exhibition
of films. The matter should be left to bilateral
negotiations or to another United Nations agency.
Suggested that the Head of the Film Division of
the United Nations Secretariat should propose
and submit to Member Governments a draft on the
international convention concerning the exchange
of films.
India : asked why the film industry should be accorded
special treatment.
New Zealand : The New Zealand amendment (W.106) was
introduced to overcome the special difTiculty
mentioned in the D.C. Report, page 11, letter (o).
Norway : agreed with the United Kingdom (see below)
Films are products of art. Referred to this
special problem of small countries wïth a language
not spoken outside its frontiers. Question of
films should be dealt with by the Human Rights
Commission or the Economic and Social Council.
It should be put outside the Charter.
Union of South Africa : Films should not be treated as
commercial articles; if so, tariffs should have
to be increased. It must be possible to apply
film quotas.
United Kingdom : Not only economical but also cultural
considerations must be taken with regard to films.
Paragraph 4 would have beon acceptable; but this
is as far as the United Kingdom could go. It
could not have its film quotas put on a temporary
basis; it must reserve its right to apply such
quotas. The United Kingdom supported the New
Zealand amendment. A provision of this type in
Article 15:4 represented a compromise preferable
to an exception under Article 37. E/PC/T/W/181
page 8
United States: There is no reason to treat films
otherwise than other commodities. The preference
of the audience in the different countries
should determine the trade in films.
The question was referred to the Sub-Committee which was to
consider the different alternatives presented and to try to
find a satisfactory solution.
Paragraph 5.
The amendments considered were those of China. (W.79)
India (W.25) and the United States (W.23) (The Norwegian
amendment to Article 5 had been dealt with in connection with
cinematograph films; see under paragraph 4.)
The United States delegate pointed out that the U.S.
amendment did not involve any change in substance. He suggested
the following addition to the proposed text:
"Morever, the provisions of this Article shall
not apply to Government policies in carrying
out any form of subsidy permitted under Article 30."
In reply to a question put by the Czechoslovak delegate,
the Chairman pointed out that it might be advantageous to con-
sider paragraph 5 before Article 31 had been dealt wïth; if it
were later found that that Article affected paragraph 5, the
question would have to be reconsidered by the Preparatory
Conmmittee .
The Chinese delegate, while confirming his amendment,
drew attention to the fact that the words in square brackets
appeared also in Article 31, paragraph 2.
Paragraph 5 was referred to the Sub-Committee. The
Chairman pointed out that the work of the Sub-Committee would
be complicated.
Suggested new paragraph
Norwegian proposal of new paragraph concerning equali-
zation of prices "so long as different prices for like products
exist on the world market" (W.99)
The United Kingdom delegate thought it would be
difficult to express an opinion in the general discussion.
The question of the new paragraph was referred to
the Sub-Committee
Suggested addition to General Agreement on Tariffs and Trade,
possibly affecting Article 15.
Australian suggestion (W.112). The Australian
delegate pointed out that, in view of the footnote to Article VIII
of the General Agreomrnnt (D.C. Report, page 69), he withdrew
his suggestion. E/PC/T/W/181 page 9
Suggested new Article 15 A.
Suggestions by the United States (W.23) and Brazil
(W.105). The chief points raised during the discussion are
summarized below.
Australia : The Sub-Committee should not reach a
conclusion on this point until it is aware of the
effects of incorporating provisions for services
generrally in the Charter. It appears unwise to
bring the question of assistance to shipping under
the Charter.
Czechoslovakia : "If accept services in the Charter,
the ... new Article will be nothing but a supple-
ment to Article 23 on boycotts."
India : opposes insertion of this Article. The Indian
Government is committed to a policy of assisting
shipping, banking and insurance in connection with
Indian foreign trade because of the difficulties
arising from ``the tyranny of private vested interests".
Norway : supports wholeheartedly the U.S. proposal and
fully appreciates the good-will behind it.
United States: would be content to have this matter
studied by the Sub-Cmmittee. Thinks the amend-
ment "one of practical administration''.
The question was referred to the Sub-Committee which was asked
not to take any decision until it knew which decision was taken
on the general question of services. E/PC/T/W/181.
page 10.
Statement by the United States Delegate in
Commission A on June 6th. 1947.
Yesterday questions were raised as to the interpretation
of the language of Article 15: paragraph 3, regarding mixing
regulations. The language in the New York draft is as follows:
"The provisions of this paragraph shall be understood to
preclude the application of internal requirements restricting
the amount or proportion of an imported product to be mixed,
processed or used.'' The proposed United States amendment at
the top of page 6 of E/PC/T/W150 does not change this
language except to substitute the word "any"' for the word
"an" before the words ``imported product'' and to insert the word
``exhibited" between the words ``processed" and ``used".
The United States delegation is aware of the complexity
of the problems presented by mixing regulatlons as they affect
international trade, and the difficulty of the attempt to deal
with them in Article 15. Here, as in many other places in the
Charter, it is necessary to use words or phrases which may not
be fully precise and vhich may raise questions of interpret-
ation. And it may be that the phrasology in the New York
draft and in the amendment proposed by the United States needs
clarification.
In the view of the United States delegation, however,
the purpose of this provision is clear and should receive the
general approval of all countries represented here. This
purpose is to prohibit the use of mixing reqirements in order
to afford protection to the domestic production of a product.
Clearly, the mixing regulation described by the Norway
delegate in his illustration could d not be clussed as
protective in purpose. It would, therefore, in our view not
be prohibited by the Charter, and the United States delegation
is prepared to consider in the ad hoc committee the question
of the need of an amendment to make this clear.
The case presented by the illustration of the delegate
of Norway is that of a mixing regulation which may be described
as follows:
A regulation requiring a product be composed of
two or more materials in specified proportions,
where all the materials in question are produced
domestically in substantial quantities, and where
there is no requirement that any specified
quantity of any of the materials be of domestic
origin.
Stated in this way, it seems obvious that this case is not
intended to be covered by Article 15.
The opposite case of mixing regulations to that covered
by the illustration of the delegate from Norway is where the
regulation requires that a certain percentage of a product of
domestic origin be used in the production of another product E/PC /T/W/181 .
page 11.
(e.g., that 25 per cent domestic wheat be used in making
flour). Such a regulation would limit the use of the like
foreign product and, hence, would under any interpretation be
contrary to paragraph 3 of Article 15.
A third and more difficult case of mixing regulations
are regulations which require that in producing an article
a certain percentage of a specified material produced domest-
ically be used when there is a competitiive imported material
which is not produced domestically in substantial quantities.
Here the protective intent is clear. It corresponds in the
field of mixing regulations to the type of excise tax sought
to be prohibited, in so far as future action is concerned,
by the amendment the United States delegation has offered to
paragraph 2 and which we discussed yesterday and referred to
the Ad Hoc Subcommittee. |
GATT Library | yz518zp5681 | Second Session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Addendum | United Nations Economic and Social Council, September 22, 1947 | United Nations. Economic and Social Council | 22/09/1947 | official documents | E/PC/T/210.Add.1 and E/PC/T/210-212 | https://exhibits.stanford.edu/gatt/catalog/yz518zp5681 | yz518zp5681_92290266.xml | GATT_152 | 202 | 1,412 | RESTRICTED
ECONOMIC CONSEIL E/PC/T/210.Add.1
AND ECONOMIQUE 22 September 1947
SOCIAL COUNCIL ET SOCIAL ORIGINAL: ENGLISH
SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT
Addendum
The attached form is suggested for the Tariff Schedules
to be annexed to the General Agreement on Tariffs and Trade.
1. The numbers appearing by the vertical lines represent
the guide numbering along the top line of a Gestetner
Duretype No.62 stencil. The first number, against which there
is no line, represents the margin to be allowed.
2. The word "SECRET" should appear on every page in the top
right-hand corner.
3. The commodity description which appears in the centre
column should be single spaced, with a double space between
the separate items.
4.. Part I of each schedule should have a sub-heading on
the first page "Most-Favoured-Nation Tariff".
5. Part II of each schedule should have a sub-heading on
the first page "Preferential Tariff".
6. Each page following, the first page should have as a
heading "Part I [Part II] (continued)", and for the last
page "(concluded)"
UNITED NATIONS
NATlONS UNIES SECRET
SCHEDULE - [COUNTRY]
Part I [II]
62
5
[CountrY]
Tariff Item Description of Products Rate of Duty
Number |
GATT Library | zb576xg7652 | Second Session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Addendum to Attachment A of the Report of the Committee on Voting and Member-ship of the Executive Board. Note by the United Kingdom Delegation | United Nations Economic and Social Council, August 5, 1947 | United Nations. Economic and Social Council | 05/08/1947 | official documents | E/PC/T/143. Add.1 and E/PC/T/142-152 | https://exhibits.stanford.edu/gatt/catalog/zb576xg7652 | zb576xg7652_92290176.xml | GATT_152 | 878 | 6,101 | UNITED NATIONASTIONS UNIES
RESTRICTED
ECONOMIC CONSEIL E/PC/T/143. Add.1
AND ECONOMIQUE 5 August 1947
SOCIAL COUNCIL ET SOCIAL ORIGINAL: ENGLISH
SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT
Addendum to Attachment A of the Report
of the Committee on Voting and Member-
ship of the Executive Board
Note by the United. Kingdom Delegation
The table shown below has been prepared in order to give
a rough illustration of the working of the United Kingdom
formula for weighted voting over a wider field than that
shown In the table on page 56 of the Report of the Drafting
committee. The same base years have been taken for the
various factors as ln the previous illustration given by the
United Kingdom, though the first computation would of course
be worked out on the basis of other figures. The figures
used for National Income are not by any means satisfactory
but in the time available it has not been possible to obtain
more reliable figures, such as the United Nations should be
able to produce, for all countries; in some cases no figures
at all have been included. In the. latter cases, and in other
cases where data are lacking a "notional" figure has been
Inserted in the column headed "Total Votes" in order to complete
the picture, however roughly, and also to make possible the
calculation of each country's vote as a percentage of the total
listed (shown in final column).
NATlONS UNIES E/PC/T/143. Add..1
page 2
Pop
(la
in:
ava
M:
Argentina
Albania
Australia
Austria
Belgium &
Colonies
Bolivia
Brazil
Bulgaria
Burma
Canada
Ceylon
Chile
China
Colombia
Costa Rica
Czechoslovakia
Cuba
Denmark
Dominican Rep.
Ecuador
Egypt
Ethiopia
Finland
ulation External National
test Trade Income
formation 1937 1940
ilable)
illions Million $ Million $
14 1,239 2,800
1 10 n.a.
7 1,090 3,200 ,
7 501 na.
19
4
45
7
18
12
6
5
*455
10
1
14
5
4
2
3
17
6
4
1,748
65
677
124
276
1,824
205
?83
535
182
23
800
315
730
30
27
393
n.a.
404
2,350
16o
2,500
805
n.a.
5,800
375
4oo
12,000
700
50
3,000
420
1,511
n.a.
130
iî, ~O
n.a.
559
% of trade Total Votes as
to National Votes percentage
Income of total
listed
44
34
74
41
27
15
31
55
71
26
26
46
27
75
48
21
28
72
136
103'
132
116'
149
105
126
107
114 '
152
112
115
181
109
105
126
115
123
103'
103
116
102h
116
1.7
1.3
1.6
1.4
1.8
1.3
1.5
1.3
1.4
1.9
1.4
1.4
2.2
1.3
1.3
1.5
1.4
1.5
1.3
1.3
1.4
1.2
1.4
x Notional figure
n.a.Not available
: Corresponding percentage on "'one-State one-vote" system is 1.5 E/PC/T/143. Add.1
page 3
Population External National % of trade Total Votes as
(latest Trade Income to National Votes percentage
Information 1937 1940 Income of total
available) listed
Millions Million $ Mi1lion $
France &
Colonies 10o 2,3o6 11,300 20 182 2.2
Greece 8 224 1,000 22 109 1.3
Guatemala 3 37 16o 23 103 1.3
Haiti 3 18 130 14 101 1.2
Honduras 1 20 50 4o 104 1.3
Hungary 9 315 n.a. _ 110^ 1.3
Iceland 0.1 n.a. n.a. - 101 1.2
India (before
partition) 419 1,369 9,600 14 189 2.4
Iran 10 193 n.a. 108 1.3
Iraq 4 75 n.a. - 103K 1.3
Italy 46 1,299 4,800 27 144 1.8
Lebanon-
Syria 1 64 n.a. - 104 1.3
Liberia 1 7 n.a. - 101 1.2
Luxembourg 0.3 n.a. n.a. - 103' 1.3
Mexico 22 423 1,4o0 30 116 1.4
Netherlands &-
Colonies 80 2,284 3,500 65 168 2.0
New Zealand 2 482 6oo 80 119 1.5.
Nicaragua 1 13 50 26 103 1.3
Norway 3 523 750 70 119 1.5
Panama 1 26 40 65 108 1.3
Paraguay 1 17 4o 43 104 1.3
Peru 7 151 450 34 108 1.3
X Notional figure.
n.a. Not available
f- Corresponding percentage on "one-State one-vote" system is 1.5 E/PC/T/143. Add.1
pa ge 4
(
i
a
Philippines
Poland
Portugal &
Colonie s
Roumania
Salvador
Saudi Arabia
Siam
S. Rhodesia
Sweden
Switzerland
Transjordan
Turkey
Union of
S. Africa
U.K. &
Colonies
Uruguay
U.S.A.
U. S.S R.
Venezuel a
Yemen
Yugoslavia
opulation External
latest Trade
information 1937
vailable)_ _
Millions Million $
17 260
24 463
19
16
2
4
16
l.8
7
4
0.5
19
il
187
378
26
n. A.
126
67
1,050
706
8
202
National
Income
1940
Million $
n.a.
4, Q00
n.a.
n. .
80
nr.e .
n. E.
150
2,900
2,400
n.a.
n.a.
6e4 1,000
106
2
142
193
4
3
16
8,115
100
6,379
817
332
n.a.
263
26 , 400
34o
77,800
32, 000
120
n.a.
1, 500
% or trade
t o National
Income
12
33
45
36
29
68
31
29
8
13
28
18
Total Votes as
Votes percentage
of total
listed-
110X
1.20
1123x
114§£
1o4
1083
106
132
122
100X
1123
124
3299
106
399
199
110
1001
112
1.3
1.5
1.4
1.4
1.3
1.2
1.3
1.3
1.6
1.5
1.2
1.4
1.5
4.0
1.3
4.9
2.4
1.3
1.2
1.4
Notional figure 1
n.a. Not available
Io Corresponding percentage on "one-State one-vote" system is 1.5. |
GATT Library | yx147ny7999 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Addendum to Attachment B of the report of the Committee on voting and membership of the Executive Board. Note by the United States Delegation | United Nations Economic and Social Council, August 15, 1947 | United Nations. Economic and Social Council | 15/08/1947 | official documents | E/PC/T/W/297 and E/PC/T/W/261-306 | https://exhibits.stanford.edu/gatt/catalog/yx147ny7999 | yx147ny7999_90050449.xml | GATT_152 | 969 | 6,177 | ECONOMIC UNITED NATIONS NATIONS UNIES RESTRICTDE
AND CONSEIL ECONOMIQUE E/PC/T/W/297
AND ECONOMIQUE 15 August 1947
SOCIAL COUNCIL ET SOCIAL ORIGINAL: ENGLISH
SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT.
ADDENDUM TO ATTACHMENT B OF THE REPORT OF THE
COMMITTEE ON VOTING AND MEMBERSHIP OF THE EXECUTIVE BOARD.
Note by the United States Delegation
The table appended hereto has been prepared for the con-
venience of other Delegations. It illustrates in a rough way
the number of votes each country would have under the voting
formula recommended by the Drafting Committee at its first
meeting in New York on January 20, 1947, assuming that an
"appropriate base vote", as referred to in the Drafting
Committee's recommendation, would be 10. The recommendation
on voting of the Drafting Committee is set forth at the bottom
of page 54, and the formula recommended is set forth on page 53
of the New York Draft (E/PC/T/34-, 5 March 1947).
In the preparation of the table the same base years have
been used for the various factors as in the illustration sub-
mitted by the United States as-shown in Attachment B of
document E/PC/T/143 , 1. August 1947.
The table appended hereto is intended for illustrative
purposes only. For a considerable number of countries, it has
not been possible to obtain adequate and reliable statistical data
to serve as the basis for calculating the number of votes such
country would have. For those countries the column showing the
number of votes has therefore been left blank. Percentages of
relative voting strength have nevertheless been calculated for
each country based upon total voting strength of those countries
for which figures. are shown. The results thus derived are
obviously subject to the error inherent in this method of
Calculation.
TIONS UNIES
NITEL) NATIONS E/PC/T/W/297
page 2.
ANNEX A
NUMER OF VOTES UNDER VARIOUS HEADINGS OF THE
VOTING -FORMULA DEVELOPED BY THE
ADMINISTRATIVE SUB-COMMITTEE
Formula. Column (1) 1 vote per. 50 million dollars.
-Column (2) 1 vote per. 500 million dollars.
Column (3) 1 vote per 25 dollars trade per capita.
Column (4) 10 votes as basic vote.
Column:(1) (2) (3)(6)
Foreign
Trade
(Av., 193ots as
and latest National Trade Basic . Percentage
12 months Incorme per Vote Total of Total
Country available) 1940 Capita Votes Listed
Argentina
Albania
Australia
Austria
Belgium and
Colonies
Bolivia .
Brazil
Bulgaria
Burma.
Canada
Ceylon
Chile
China
Colombis
26
n.a.
26
5
37
n.a.
23
n.a.
6
59
5
5
22
6
6 . 4. 10
n.a. 10
6
7 10 49
n.a. 2 10
-5 4 10 56
ai
5
.2
10 _
1 10 39
10
n.a. 1 10 -
12 10 10 91
.1 2 10 18
1 2 10 18
24 10 56
1 1 10 18
Costa Rica
Czechoslovakia
Cuba
Denmark
Dominican
Republic
1
11
1 10 12 0.7
6 2 10 29 1.6
1
7
1
1
3
3 10 21
8 10 38
1.2
2.1
n.a. 1 10
d 1 10 12
2.6
2.8
3.1
2.2
5.1
1.0
1.0
3.1
1.0
0.7
Ecuador 1 Page 3.
Foreign
Trade
(Av. 1938 Votes as
and latest National. Trade Percentag
12 months Income per Basic Total of total
available) 1940 Capita Vote Votes Listed.
Country
Egypt
Ethiopia
Finland
France and
Colonies
Greeec
Guatemala
Haiti
Honduras
Iceland
Iceland
India (before
partition)
Iran
Iraq
Italy
Lobanon end
Syris
Liberia
Luxembourg
Mexico
Netherlands
and Colonies
New Zealand
Nicaragua
Norway
Panama
Paraguay
Peru
Philepines
n.a.
n.a.
n
n. a.
1
78
3
1
1
n. a
n.a
n.a.
27
n. a.
n.a.
n.a.
23
2
X
ic
n.a.
n.a,
24
n.a.
n.a.
10
i
n.a.
n.a.
12
554
10
12
n. a.
n.a.
4
n. a.
n.a,
n.a.
n. a.
3
7
1
3
2
n. a.
1 10
-0 10
- 10
1 10
1 10
1 10
+ 10
- 10
- 10
_ 10
112
16
12
J-
1.3
6.3
0.9
0.7
+ 10
- 10
- 10
- 10
1 10
- 10
- 10
1 10
1 10
10 10
+ 10
8 10
- 10
- 10
i 10
10
26
72
31
10
32
1.5
.4.o
1.7
0-.6
1.8 -
16
0.9
.23 E/PC/T/W/297
Page 4
Column: (1). (2) (3) (4) (5) (6)
Foreign
Trade
(Av., 193
and lates
12 months
Country avai:
Poland n.a.
Portugal and 7
Colonies
Rumania n.a,
Salvador, El 1
Saudi Arabia n.a.
Siam n.a.
So. Rhodesia 2
Sweden 26
Switzerland 23
Transjordan n.a.
Turkey n.a.
Union of South
Africa 14
United Kingdom 213
and Colonies
Uruguay 5
United States209
U.S.S.R. n.a.
Venezuela 10
Yemen n.a.
Yugoslavia n.a.
available
(Av., 1938
National
Income
1940
n.a.
n.a.
.
n.a.
n.a.
.
6
5
n.a.
n.a.
2
53
1
156
64
.
n. a.
3
Trade
per
Capita
.
1
2
8
11
3
5
3
5
Basic
Vote
.
10
10
10
10
10
10
10
10
10
10
10
10
10
10
10
10
10
10
Total
Votes
12
14
50
49
29
280
21
378
25.
Votes as
Percen-
tage of
Total listed
0.7
0.8
2.8
2.7
1.6
15.7
1.2
21.2
n.a. - means not available ; - means less than 25 million dollars;
x - means less than 250 million dollars; + - means less than
12 1/2 dollars per capita
SOURCF,
Column (1) Figures taken from U.N., "Monthly Bulletin of Statistics,'
April and June 1947; League of Nations, "Review of World Trade,
1938", and "Network of World Trade-, 1942".
Column (2) Figures taken from U.N. Document E/PC/T/143, Addendum 1,
5 Augus t 1947.
Column (3) Figures based upon population data shown in U.N.
Document E/PC/T/143, Addendum 1, 5 August 1947, except Lebanon
and Syria. Figures for Lebanon and Syria based upon population
data shown in "The World Almanac", 1947 page 493. |
GATT Library | qg361pt9685 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Addendum to observations of the Czechoslovak Delegation on the amendments of the United States Delegation concerning International investments (Document E/PC/T/W/174) | United Nations Economic and Social Council, June 9, 1947 | United Nations. Economic and Social Council | 09/06/1947 | official documents | E/PC/T/W/174 Add.1 and E/PC/T/W/151-176 | https://exhibits.stanford.edu/gatt/catalog/qg361pt9685 | qg361pt9685_90050313.xml | GATT_152 | 205 | 1,491 | UNITED NATIONS
ECOOMIC
AND
SOCIAL COUNCIL
NATIONS UNIES
CONSEIL RESTRICTED
ECONOMIQUE E/PC/T/W/174 Add.1
9 June 1947
ET SOCIAL
Original: ENGLISH
SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT
ADDENDUM TO OBSERVATIONS OF THE
CZECHOSLOVAK DELEGATION ON THE AMENDMENTS OF THE
UNITED STATES DELEGATION CONCERNING INTERNATIONAL
INVESTMENTS (DOCUMENT E/PC/T/W/174)
Add to the end of the third paragraph on Page 2 the following
words in brackets :
[viz., War and Private Investor, study in the relations
of International Politics and International Private
Investment, by Eugene Staley, Assistant Professor of
Economics in the University of Chicago; Doubleday, Doran
& Co., Inc., N.Y. 1935.]
DEUXIEME SESSION DE LA COMMISSION PREPARATOIRE
DE LA CONFERENCE DU COMMERCE ET DE L'EMPLOI
DE L'ORGANISATION DES NATIONS UNIES
ADDENDUM AUX OBSERVATIONS PRESENTEES PAR LA DELEGATION TCHECOSLOVAQUE
AU SUJET DES AMENDEMENTS DE LA DELEGATION DES ETATS-UNIS
CONCERNANT LES INVESTISSEMENTS INTERNATIONAUX (DOCUMENT E/PC/T/W/174)
Ajouter, entre parenthèses, à la fin de l'avant-dernier para-
graphe de la page 2, les mots suivants :
[Voir : La guerre et le capitaliste privé, étude des rapports
entre la politique internationale et les investissements
internationaux privés, par Eugène Staley, professeur adjoint
d'économie politique à l'Université de Chicago; Doubleday,
Doran & Co., Inc., N.Y. 1935]. |
GATT Library | hn951xt9162 | Second Session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Addendum to Report of Charter Steering Comittee. Programme for Consideration of Draft Charter | United Nations Economic and Social Council, May 20, 1947 | United Nations. Economic and Social Council | 20/05/1947 | official documents | E/PC/T/72. Add. 1 and E/PC/T/66-91 | https://exhibits.stanford.edu/gatt/catalog/hn951xt9162 | hn951xt9162_92290083.xml | GATT_152 | 169 | 1,228 | UNITED NATIONS
ECONOMIC CONSEIL UNRESTRICTED*
AND ECONOMIQUE E/PC/T/72, Add. 1
SOCIAL COUNCIL ET SOCIAL 20 May, 1947.
SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT
ADDENDUM TO REPORT OF CHARTER STEERING COMITTEE
Program for Consideration of Draft Charter
The following paragraph should be added to Document
E/PC/T/72 as the final paragraph on page 3
It is suggested that Chairmen of Commissions should be
empowered to lengthen the period allocated for the debate on
each Chapter or group or Articles whenever it is found that
the time allocated is not sufficient for a full discussion
in the Commission. In addition, Chairmen should endeavour
to give whatever time is necessary to sub-committees to report
adequately on the matters which have been referred to them.
The Charter Steering Committee will follow the progress of
Charter discussions closely and will, should it become necessary,
make suggestions amending the schedule appearing as an annex
hereto.
* Document E/PC/T/72 marked "RESTRICTED"
should be considered as "UNRESTRICTED"
NATIONS UNIES |
GATT Library | ws154nt7373 | Second Session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Addendum to Report of the Legal Drafting Committee on Chapters I, IX and VIII ( Including Noting and Membership of the Executive Board) | United Nations Economic and Social Council, August 16, 1947 | United Nations. Economic and Social Council | 16/08/1947 | official documents | E/PC/T/159.Add.1 and E/PC/T/156-161 | https://exhibits.stanford.edu/gatt/catalog/ws154nt7373 | ws154nt7373_92290200.xml | GATT_152 | 2,028 | 12,834 | NATIONS UNIES
ECONOMIQUE CONSELI E/PC/T/159.Add.1
AND ECONOMIQUE 16 August 1947
SOCIAL COUNCIL ET SOCIAL
SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT.
DEUXIEME SESSION DE LA COMMISSION PREPARATORY DE
LA CONFERENCE DU COMMERCE ET DE L'EMPLOY DE
L' ORGANIS.AION DES NATIONS UNIES
ADDENDUM TO REPORT OF THE LEGAL DRAFTING COMMITTEE ON CHAPTERS I,
IX AND VIII ( INCLUDING NOTING AND MEMBERSHIP OF THE
EXECUTIVE BOARD)
ADDENDUM AU RAPPORT DU COMITE JURIDIQUE DE REDACTION SUR LES
CHAPTERS I, II ET VIII (Y COMPRIS LA QUESTION DU VOTE
ET LA COMPOSTION DU CONSEIL EXECUTIF)
ARTICLE 72
(Formerly Article 68)
(ancion article 68)
[ Membership] Composition of the Compostion du [ Comité] Conseil
Executive Board exécutif
1. [Subject to the provisions of "1 [Sous réserve des disposition des
paragraphs 5 and 6 of this Article.] paragraphes 5 et 6 du présent article,
The Executive Board shall, [be com- Le Comité exécutif, se composera de
posed or seventeen members made up] dix-sept members] Sous réserve des
subject to the provisions of the dispostions des autres paragraphes
other paragraphs of this Article du présent article le Conseil exécuti.
consist of Members of the Organica- se compesera des Members de l'Organisa
tion as follows: tion désignés ci-après:
(a) [ One representative each shall a, [Les pays suivants ] le Canada,
be apointed every three years by la Chine, les Etats-Unis, la France,
Canada, C ..c, France, Union of Sovietle Royaume Uni [et] l'Union des
Socialist Republics, United Kingdom Républiques soviétiques socialistes
[and] United States of America [ [ désigneront chacun un représentant
One representatiive shall similarly tous les trois ans. De même, l'Union
be appointed by the Customs Union douanère formée par la Belgique, le
of Belgium, Luxembourg and the Luxembourg et les Pays-Bas, désignera]
Netherlands] and either Belgium and et soit la Belgique et les Pays-Bas
the Netherlands alternating every à tour de rôle tous les trois ans,
three years or the Customs Union of soit l'Union domainère formée par la
Belgium, Luxemburg and the Nether- Belgique le Luxembourg et les Pays-
lands should these States desire to Bas, si ces Etats désirent avoir une
UNITED NATIONS
RESTRICTED E/PC/T/150.Add.1
page 2.
be represented as a unit X [If not,
Belgium and the Netherlands shall
alternately every three years
appoint one representative upon the
Board];
représentation unique [ Sinon, la
Belgique et les Pays-Bas désigneront
à tour de rôle, tous les trois ans,
un représentant au Comité] ;
(b) Three Members [shall be], (b) Trois Etats Membres [seront]
elected by the American [Republics élus par les [Républiques américaines
not entitled to appoint members of qui ne désignent pas de plein droit
the Board] States not entitled to a des members du Comité] Etats
seat on the Board under sub-paragrapha américains àutres que le Canada et
(a) les Etats-Unis d'Amérique;
(c) One Member [shall]to be
elected by each of the following
groups of States:
[A. Arab States]
(i) Egypt, Iraq, Lebanon, Saudi
Arabia, Syria Transjordan and
the Yemen [ ] 1
[B. .Scandinavian States]
.ii) Denmark, Finland, Iceland,
Norway [ ] and Sweden
(d) [Subject to the provisions of
paragraph 6 of this Article] Five
Members elected by the remaining
Members [ of the Organisation shall
be entitled to elect five, members of
the , |- .,._* that [other]
If the Customs Union of Belgium,
' i' ;'id t:, 'Netherlands as
such could not desire to appoint a
representative on the Board,
Luxembourg would fall under [this
sub-paragraph ] paragraph 1(d) of
this .
(c) Chacun des groupes d'Etats
suivents élira un membre;
[A. Etats arabes]
(i) Arabie saoudite, Egypte, Irak,
Liban, Syrie, Transjordanie et
Yemen [ ]
[b. Etats scandinaves]
(Ii) Danemark, Finlande, Islande,
Norvége [ ] et Suède [ ]
(d) [Sous réserve des dispositions
du paragraphe 6 du présent article
Cinq Etats Membres [du Comité ]
[seront] élus par les autres Etats
Membres[de l'Organisation auront
le droit d'élire] sous réserve
que [d'autres]
Si l'Union douanière, formée de la
Belgique, du Luxembourg et des Pays-
Bas, ne désirait pas, en tant que
telle, designer un représentant au
Comité, le Luxembourg serait soumis
aux dispositions de l'alinéa d)
[ci-dessus] du présent paragraphe. E/PC /T/159 Add.1.
page 3.
groups of [a minimum membership of]
not less than four States, having
common interests, and representing
a [certain] minimum proportion of
world trade may be formed with the
approval. of [ and upon conditions
to bo determined by ] the
Conference [, especially with
regard to the reallocation of seats]
| and any such group shall be entitled
to elect one or more Members to the
Board [ ] according to the number
of States which comprise it and the
proportion of world trade they
together represent.
2. [The provisions of] The
Conference shall make regulations
relating to paragraphs 1(b), (c)
and (d) of this Article which shall
.[be subject to such regulations
regarding minimum membership of
groups, the system of elections
provide for the mode of election,
the conditions under which groups
under paragraph l (d) of this Article
may be formed. the method of
des groups, composés d'[un minimum
de] au moins quatre Etats ayant des
intérêts communs, et représentant
une [certaine proportion] part mi-
nima du commerce mondial, puissent
être formés avec l'approbation de
la Conférence 1 [, et dans les
conditions fixées par elle, parti-
culièrement en ce qui concerne ïa
nouvelle répartition des sièges.:]
tout groupe de ce genre aura le
droit d'élire un ou plusieurs Etats
Membres au Conseil, d'après le nom-
bre d 'Etats qui composent le groupe
et d'après la part de commerce mon-
dial qu'ills représentent ensemble.
2. [Les dispositions des] La Confé-
rence établira des règles relatives
aux paragraphes 1 (b), (c) et (d)
du presént article [seront soumises
aux règles que la Conférence pourra
prescrire en ce qui concerned le nom-
bre minimum des membres constituant
les groupes, le mode d'élection.]
qui fixeront le mode d'électon les
condition. dans lesquelles les grou-
pes visés à l'alinéa 1 (d) du pré-
sent article pourront étre consti-
tués la méthode de redistribution ,! PC/Tgo 1+,
riollocLtïng seats wlhcrC necessary,
nnd othcr related matters Zas May
b1c p. zscriïbcd by the Confloronce,1/.
3r Ti:xe 2.cÉtc t s_7 ?4ernber: /W:i/
.lec t d 'co tLhe ç.oc-utivc Beard shali
noxr:.'.13 . 7 _i '.^t t-" <-' .'1.'
thrcr, year.z pv )V.;e tihat,
(ICn'ci,;rncc, shvh , as. noc sary;,
regard to those z( Iu.;s dsirieui to
oSfU-cnti :itilt a r: re oresc:. o ma5 ron
tflc bca;JLr6.tJ lr vpi.sl.i.t
dOS ~ Thzc < `± L1'C']1 .'3é't r.cossaire
ct ci!aut:'os questions
C Onn&,v e S.
3.; Lr-xS L.e'Vb q Slus fdU CO"ui. tSJ' au
ric'..lt .pour llno P61rOUe de trois mLS
/> E'oLS :%rcSvu c-/ ,,La Coné6runce
f-tabliise; .7 :LTI3ttuer:-i en ce qui
C-'!1CCr7c,' ces Pj;Li odes, 'Js rê,le-
rn1TLtz/ des ;-.'.`î,3s LnécessdiresJpou
! cSat1r 9 uno :2zuro - 0sonnabla,
une certaine continuitlé do.ns la
repr3seztit1oe3 au /oe.nnij conseil.
4,~ J/siiould any onc or more of the 4S. /-- un ou plusieurs des Etats
St:.vccas n.ameg rj)urln: it.. § -'" t.hLat ,t;ntionnées Durant 2.
g5y .S trtf mnnti rcvo.*T.r'n p.r'V0h. . c+ jtu:s ;ie1ee.1unæ .l^i=
-T.n ~ - e3iqe1 un Etnt Dmifa
of' thiL-. Atl;c.ol» s/IGt jo0-.< ,s no uau paragraphBe 1 (a> du pr-~eon. arti-
M8emb.-r .^f thü Organisation, T do Lno devlcnnent.I ne scrlu pas Cem-
s-hoil.d suich a Statc or Stcites with- b eL7de 1'U:ganisation, § 5
dr.iw frc'in 1.t27 tho ILmbcr hiS, retirenJ' le nombre des Etats Mer.-
size of tho= ExocUti.Vo 3Zard /and bres /4u Comit,/ coaJ9zaPt in counsel
the .ou;nbor of scats under paragvraph exc;cubiv 5t l notubro de; si.s
1(a) of this Artic1le7 shall. bc v's6 au paragraphs 1 (a) du prâ3cnt
zdLrrca-csd7/ reduced accordingly. a'ic le> xSerot7 sein dicnu'j
p)ropor t î O., jr, - ' ? E/PC/T/159.Add...
page 5.
5.[Should ] if at any time the num-
ber of States [falling under] refer-
red to in paragraph 1 (b) of this
Article be seven or less, those
States shall be entitled to elect
only one Member [of] to the Execu-
tive`Board. Should at any time this
number be more than seven but less
than fifteen, [-hose States] they
shall be entitled to elect [only]
iwo Members [of] to the Board.
6. Should at any time the number
of States [falling under] referred
to in paragraph 1 (d) of this
Article be
(a) four or more but less than
seven,
(b) seven or more but less than
fifteen,
(c) fifteen or more but less than
twenty-one,
*(d) twenty-one or more but less than
twenty-eight,
those States shall be entitled to
elect [only] one,.two, three or
four Members [of] to the Board
respectively.
5. Si, à un moment quelconqu; le
nombre des Etats [visés] mantiennés
au paragraphe 1 (b) du present arti-
cle est de sept ou moins de sept,
ces-Etats n'auront le droit d'élire
qu'un seul Etat Membre [du] au
[Comité] Conseil exécutif. Si, à
un moment quelconque, le normbra do
ces Etats dépasse sept, f.mais n'at-
teint pas quinze, Zos Etats ir.9
ils auront le droit d'élire [que]
deux Etats Membres [du] au [Comité]
Conseil.
6. Si, à un moment quelconque, le
nombre des Etats [visés] mentionnés
au paragraphe 1 (d) du présent ar-
ticle est de
a) Quatre ou plus, mais inférieur
à sept,
b) sept ou plus, mais inférieur à
quinze,
c) quinze ou plus, mais inférieur
à vingt-et-un,
d) vingt-et-un ou plus, mais inifé-
rieur à vingt huit,.
ces Etats [n'] auront le droit
d'élire, respectivement, [que] un,
deux, trois ou quatre Etats Membres
[du] au [Comité] Conseil. E/PC/T/159.Add.1.
Page 6
7. The [membership of] number of
Members on the Executive Board may
upon a recommendation of the Board,
be increased [ , upon a recommenda-
tion of the Board, by a two-thirds
majority of the Members of ] by the
Conference by a two-thirds majority
pf the votes cast [present and
voting]. [Any modification or
revision of this Article concerning
the members to be appointed under
paragraph 1 (a), or to be elected
under paragraphs 1 (b), (c) and (d),
or with a view to re-arranging the
groupings made or envisaed by para-
graphs 1 (c) and (d), shall, not-
withstanding the provisions of
Article 92, be made by a majority
of the Members of the Conference
present and voting.]
8. Notwithstanding the provisions
of Article 92, any amendment of this
Article relating to paragraph 1 (a)
or to the election of Members to the
Board under paragraph 1 (b), (c) and
(d) or involving the rearrangement
of groups established under para-
graph 1 (c) or formed under para-
graph 1(d), shall become effective
7. Le nombre des Etats Membres [ du
Comité]composant le Conseil exécu-
tif pourra [être augmenté]sur une
recommendation du[Comité] Conseil,
être augmenté par la Conférence à la
suite d'une décision adoptée à la
majorité des deux tiers des [mem-
bres de la Conférence presents et
votant] Votes émis. [Toute modifi-
cation ou revision du présent arti-
cle, concernant les membres qui
doivent être désignes en vertu du
paragraphe 1 a) ou etre élus en ver-
tu des paragraphes 1 (b),c) et d),
ou bien ayant pour but de changer
la constitution des groups établis
ou envisagés par les paragraphes
1 c) et d) devra, par dérogation
aux dispositions de l'article 92,
être décidée ài la majorité dos mem-
bres de la Conférence présents et
votant.]
8. Nonobstant les dispositions de
l'Article 92, tout amendement au
présent article, relatif au paragra-
phe 1 (a) ou à l'élection des Etats
Membres [du Comité]composant le
Conseil en vertu du paragraphe 1
(b),(c) et (d),ou entraînant une
modification dans la composition
des groupes établis en vertu du
parapraphe 1. (c) ou constitués en
en vertu du paragraphe E/PC/T/159 .Add .l.
page 7
upon its approval by the Conference
by a majority of the votes cast.
[8.] 9 The provisions of this
Article shall be subject to review
by the Conference every three years.
1(d), entrera en vigueur au moment
où il sera approuvé-par la Conféron-
ce par un vote à la majorité des
votes émis.
[8.]9. Les dispositions du pré-
sent article feront l'objet, tous
les trois ans, d'une revision par
la Conférence. |
GATT Library | km545jq3617 | Second Session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Addendum to Verbatim Report of the Twenty-third Meeting of Commission B (Document E/PC/T/B/PV/23) | United Nations Economic and Social Council, July 15, 1947 | United Nations. Economic and Social Council | 15/07/1947 | official documents | E/PC/T/B/PV/23 Add 1 and E/PC/T/B/PV/22-24 | https://exhibits.stanford.edu/gatt/catalog/km545jq3617 | km545jq3617_90250098.xml | GATT_152 | 658 | 4,097 | UNITED NATIONS NATIONS UNIES RESTRICTED
ECONOMIC CONSEIL E/PC/T/3/PV/23 Add 1.
AND ECONOMIQUE
SOCIAL COUNCIL ET SOCIAL ENGLISH ONLY.
SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS C0NFERENCE ON TRADE AND EMPLOYMENT.
Addendum to Verbatim Report of the Twenty-third
Meeting of Commission B (Document E/PC/T/B/PV/23)
The following speech by Mr. MINOVSKY should be inserted
on page 41:
Mr Stanislav MINOVSKY (Czechoslovakia): In the opinion
of the Czechoslovakian delegation the weighted vote is not
justified by the arguments so far advanced in its favour.
It is assumed that countries of great economic importance
should be enabled to exercise a greater influence than the
others on the result of a vote. On the other hand, however,
it must not be forgotten that the economic importance of a
country is in itself a factor influencing the strength of its
position in the Organization. The greater the economic
importance of a State the more highly developed will be its
friendly relations with its neighbours and with other countries,
and the greater, in consequence, its influence on the result
of a vote. Thus it is not true that the great countries
require special protection in the Organization.
It could not even be said that an economically important
State runs a greater risk, when a vote is taken, than a State
of less importance.
It is true that the risks of a great State expressed in
figures might be larger than those of a small State, but that
does not mean that the great State would consequently be in
greater danger. E/PC/T/B/PV/23 .Add 1.
page 2.
For the sake of further clarity I will replace the
word "risk" by the word "loss", and say that a great loss
would have a less serious effect on the interests of a great
State than a smaller loss on those of a small State, because
the capacity to withstand an economic crisis depends precisely
on the economic strength of each. What we must consider, is
.not the absolute extent of the risks but the effects that
decisions of the Organization may have on the vital interests
of Members, and the position of all States is the same
whether they are great or small. The position of the great
States might even be preferable since their domestic economy
is stronger and better defended against external influences.
It must be remembered that the Charter is not confined
to questions of foreign trade. It also deals with matters which
can very seriously affect the domestic life of Members.
Thus it is not possible to find a magic formula for weighted
voting which would not threaten the existence of States of
limited economic importance.
It is obviously difficult for economically weak States
to threaten the economy of States that are rich and fully
developed. It is also obvious that the contrary may very
easily occur and that States of considerable economic strength
can, if the need arise, impair the economic interests of
small countries. It does not, therefore, seem necessary to
increase their influence by artificial means.
There remains a very delicate matter which I hardly
like to raise. If I refer to it, I do so against my will.
When it is said that the great countries have great
responsibilities, it must not be forgotten that they can
assume these responsibilities, but can also evade them. E/PC/T/B/PV/23 .Add. 1
page 3.
When it is said that the great countries can offer much, it
must not be forgotten that they can also ask for much.
Indeed, during the tariff negotiations the small countries
have not been shown to be less generous than the great ones.
We cannot, therefore, accept as a starting point for our
discussion this idea that the great countries are always giving
and never asking. This being so, the weighted vote would
mean that compensation might be given for something which
may, perhaps, never occur.
The Czechoslovakian delegation cannot therefore support
the amendment suggesting a weighted vote. |
GATT Library | pf248ns0954 | Second Session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Additional bilateral Tariff Negotiations completed | European Office of the United Nations Information Centre Geneva, October 13, 1947 | European Office of the United Nations Information Centre Geneva | 13/10/1947 | press releases | Press release No.417 and PRESS RELEASE NO.403-479 | https://exhibits.stanford.edu/gatt/catalog/pf248ns0954 | pf248ns0954_90260239.xml | GATT_152 | 207 | 1,535 | EUROPEAN OFFICE OF THE UNITED NATIONS
information Centre
Geneva
Press release No. 417
October 13, 1947
SECOND SESSION OF THE PREPARATORY COMMITTEE
OF THE UNITED NATIONS CONFERENCE
ON TRADE AND EMPLOYMENT
Additional bilateral tariff negotiations
completed
A further 13 tariff negotiations were completed in their
bilateral stage up to October 4. This brings the total number
reported completed up to 69. A further 14 negotiations were
reported to have reached the stage of "nearing completion".
The list of the 13 tariff negotiations completed,
additional to the 56 listed in press release No. 403 of October
1, is as follows :
Australia - Brazil
Australia - Norway
Benelux - U.S.A.
Brazil - Czechoslovakia
Brazil - France
Brazil - New Zealand
Canada - China
China - Cuba
China - New Zealand
Cuba - Czechoslovakia
Czechoslovakia - New Zealand
Czechoslovakia - United Kingdom
Lebanon-Syria - United Kingdom
It is understood that the results of these negotiations are
subject to any adjustment that may be required in the light
of other negotiations as they are completed and are to be
incorporated in the Schedules to be annexed to the General
Agreement on Tariffs and Trade; further, the General Agreement
may be subject to approval by the authorities of the countries
concerned. |
GATT Library | fx478tg5383 | Second Session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Adoption and Signature of the Final Act | European Office of the United Nations Information Centre Geneva, October 27, 1947 | European Office of the United Nations Information Centre Geneva | 27/10/1947 | press releases | Press release No.469 and PRESS RELEASE NO.403-479 | https://exhibits.stanford.edu/gatt/catalog/fx478tg5383 | fx478tg5383_90260240.xml | GATT_152 | 1,905 | 12,748 | EUROPEAN OFFICE OF THE UNITED NATIONS
Information Centre Fress release No. 469
Geneva 27 October 1947
FOR RELEASE ON DELIVERY OF SPEECH BY M. MAX SUETENS
10 am, October 30.
SECOND SESSION OF THE PREPARATORY COMMITTEE
OF THE UNITED NATIONS CONFERENCE
ON TRADE AND EMPLOYMENT
ADOPTION AND SIGNATURE OF THE
FINAL ACT
General Significance
The signing of the Final Act by the representatives of
twenty-three countries concludes the Second Session of th.:
Preparatory Committee of the United Nations Conference on Trade
and Employment which has been in session at Geneva since April
10, 1947. It marks the completion of the most comprehensive,
the most significant and the most far reaching negotiations ever
undertaken in the history of world trade.
Twenty.-three countries or territories, including all the
important trading nations, sharing amongst them approximately
70 per cent of the external export and import trade of the world
have completed, either individually or as trading groups, over
100 separate negotiations which have been conducted with a view
to reducing trade barriers of various types. There has been
complete unanimity on all concluded negotiations.
The results of these negotiations have been incorporated
in the General Agreement on Tariffs and Trade, a multilateral
trade agreement, the benefits of which will be considerably
greater than would have been achieved by separate agreements
between the negotiating countries.
There is no parallel to this achievement in any previous
trade negotiations, sll of which have been on a more limited
scales The completion of such n large number of simultaneous
(P.t.o.) Press relevse No, 469
Page 2.
negotiations of such broad scope in a little over six months
is in itself a remarkable feat. Since April 10, 1947, when
negotiations were opened, nearly 1,000 scheduled meetings between
the representatives of the countries concerned have taken place
at Geneva In addition there were continuous discussions of a
loss formal charecter between the delegations concerned.
Furthermore, the discussions on the Draft Charter which were
held simultaneously at Geneva between April 10 and August 22,
involved Over 450 meetings. During the time when both tariff
negotiations and Charter discussions wore proceeding, the delega-
tions and their staff numbred approximately 760 persons.
Brief Historical Background
Towards the end of the inter-wer period it was generally
recognised that the rise in restrictive trade barriers, which
were largely related to the decline in world trade, would have
to be counteracted or dealt with if trade was to recover and to
be associeted with expanding production and full employment and
that only through international action could this be achieved.
The removal of. these-barriers whilst essential to an increase
in trade, is only possible if more fundamental Iotion is taken t,
correct the conditions which gave rise to their imposition. The
United Netions Charter recognised the need for all countries to
maintain full employment. This is an essential condition to the
expansion of international trade,
The first significant, practical step was taken in December
1945, when the United States Government in conjunction with the
United Kingdom, published. its Proposels for consideration by a
World Conference on Trde and Employment and the same time
invited a representative group of trading nations to enter into
negotiations for the reduction of barriers to trade.
In February 1946, the Economic and Social Council decided
to establish a Preparatory Committee to prepare an agenda, Press release No. 469
Page 3.
including a draft charter for consideration by the United Nations
Conference on Trade and Employment, The Preparatory Committee
held its First Session in London from October 15 to November 20,
1946; a Drafting Committee, appointed by the First Session, met
in New York from January 20 to February 25, 1947; the Second
Session of the Committee opened in Geneva on April 10, 1947.
The Second Session of the Preparatory Committee completed
in August its work on the draft Charter, which goes forward for
consideration at the United Nations Conference on Trade and
Employment, to open at Havana on November 21.
During its First Session the Preparatory Committee recommend-
ed to its members that the meetings envisaged by the invitations
already sent out by the United States Government should be held
under the sponsorship of the Preparatory Committee as part of
the Second Session of the Committee. It had always been the
intention of the Preparatory Committee that the Havana Conference
would be able to consider the Draft Chrter in the light of the
assurance afforded by the completion of the negotiations.
The completion of the tariff negotiations has additional
significance in that It establishes a landmark in the fulfilment
Of one of the paramount objectives of the Draft Charter, which,
under Article 17, states the obligation of each member of the
proposed International Trade Organization to negotiate with
other members for the substantial reduction of tariffs and other
charges on imports and exports end for the elimination of prefe-
rences. In effect this furnishes the clearest possible indica-
tion that the leading trading nations of the world are prepared
to take seriously one of the most important commitments under
the Draft ITO Charter. This firm determination to "mean business"
and to make the Charter do the job for which it is intended
provides the Havana Conference with a most auspicious head start
in its labours. Page 4.
The Value of a multilateral Type of Agreement
The tariff negotiations between the negotiating countries
have been multilateral both in scope and in application. This
means, in short, that each negotiating country will be contract-
ually entitled, in its own right and independently of the most
favoured notion clause, to enjoy each of the concessions in the
schedules of the other negotiating countries.
The multilateral form of the tariff schedules is designed
to assure broad action for the reduction of tariffs and to give
countries a right to tariff concessions on particular products
which such countries might wish to obtain, but would find it
difficult to obtain under bilateral agreements, because they
could not claim to be one of the main suppliers of the product
concerned
Objectives and General Nature of the Tariff Negotiations
The general objective of the tariff negotiations has been
to fulfil as far as possible Article 17 of the Draft Charter
which states that ITO Members. shall "enter into and carry out
negotiations directed to the substantial reduction of tariffs
and other charges on imports and exports And to the elimination
of preferances on a reciprocal and mutually advantageous basis".
The tariff negotiations have therefore been conducted on a
"reciprocal"and "mutually advantageous" basis, This means
that no country has been expected to grant concessions unila-
terally, without action by others, or to grant concessions to
others which are not adequately counterbalanced by concessions
in return.
The negotiations were conducted on a selective, product by
products basis, under-which a particular product may or may not
be made the subject of a tariff concession by a particular
country, If it was decided to grant a concession on the pro-
duct, the concession either took the form of a reduction on the Press release No 469
Page 5.o
tariff or of a binding of the tariff against increase, Thus
in seeking to obtain a substantial reduction of tariffs as a
general objective, there has been ample flexibility under the
selective procedure for taking into account the needs of indi-
vidual countries and individual industries. The same conside-
rations and procedures have applied in the case of import
tariff preferences.
Throughout the negotiations the rules laid down in Article
17 were observed.
Importance of the Tariff Concessions in Relation to World Trade
World imports in 1938 were valued et 24,000 million dollars.
The countries and their overseas and dependent territories,
which have completed negotiations at Geneva and are signing
the Final Act, shared amongst them in 1938, the latest year for
which figures are available, approximately 15,600 million
dollors `-fithof the worlds import trade.
Taken as a whole, about two-thirds of the import trade of
the countries negotiating at Geneva is covered by reductions
or bindings of tariffs. In the case of a number of countries
with an important shore of world trade, the concessions cover
between 76 and 86 per cent of their respective total import
trade.
The dolle r figures given in this paragraph are "old gold
dollars" and the source of reference is the Network of World
Trade, League of Nations, Geneva, 1942. Press release No. 469
Page 6.
The Meaning of the Final Act
The Final Act is a comparatively short document the purpose
of which is to authenticate: the texts of the General Agreement
on Tariffs and Trade and of the Protocol of Provisional Appli-
cation.. It states that in accordance with the Resolution
adopted at the First Session of the Preparatory Committee of
the United Nations Conference on Trade and Employment, the nego-
tiations initiated et Geneva on April 10 directed to the sub-
stantial reduction of tariffs and other trade barriers and to
the elimination of preferences have been terminated and have
resulted in the framing of a General Agreement on Tariffs and
Trade and of a Protocol of Provisional Application.. The texts
of these two documents are annexed to the Final Act.
The Final Act also states that the General Agreement, together
with the Schedules of tariff concessions will be released by
the Secretary General of the United Nations for publication on
November 18, 1947, provided that the Protocol has, by November
15, been signed by all the countries named in the Protocol. The
countries named in the Protocol are Australia, Bellgium, Canada,
France, Luxembourg, Netherlands, United Kingdom and United
States.
By signing the Final Act the texts of the General Agreement
and of the Protocol of Provisional Application will have been
authenticated. The signatory governments however undertake to
apply the General Agreement only upon their signature of the
Protocol or upon their formal acceptance of thu General Agree-
ment. The signing of the Protocol of Provisional Application
constitutes an undertaking to apply the General Agreement
provisionally on and after January 1, 1948. (an analysis of
the three parts of the General Agreement, Article by Article7
and of the Protocol, is given in Press Release No. 400 of
Suptember 25). Press release No. 469
Page 7.
It is important to bear in mind that the reason why publi-
cation of the documents as a whole, including the Schedules of
concessions, is delayed until November 13,is to provide time
for the countries concerned to arrange fox publication in
accordance with their constitutional procedures.
Trade of Countries Signing the Final Act
Thc following table shows the percentage share of The
world's trade enjoyed by each of the countries which have nego-
tiated tariff concessions at Geneva. Of the remaining 30 % a
substantial proportion (in 1938) was held by Germany and Japan.
Approximate Parcentage Share of Total World Trade
(In 1936 and latest 12 months for which figures are available)
Australia 2.2
Benelux (Blgium, Netherlands,
Luxembourg) 7.6
Brazil 2.0
Burma 015
Canada 5.0
Ceylon 04
Chile 0.4
China 1.9
Cuba 0.6
Czechoslovakia 1.0
French Union 6.6
India .2.4
Pakistan
New Zealand 0.8
Norway 1.1
Southern Rhodesia 0.2
Lebanon-Syrian Customs Union 0.1
Union of South .frioa 1.6
United Kingdom 18 .0
United States of .America 17. 6
70. 0 Press release No. 469
Page. 8.
Names of Representatives signing the Final Act will be provided,
in a separate press release, as will also the names of represen-
tatives signing the Protocol of Provisional Application. |
GATT Library | fj624vy5411 | Second Session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Advance Notice of Meeting | United Nations Economic and Social Council, May 1, 1947 | United Nations. Economic and Social Council | 01/05/1947 | official documents | E/PC/T/61 and E/PC/T/44-66 | https://exhibits.stanford.edu/gatt/catalog/fj624vy5411 | fj624vy5411_92290069.xml | GATT_152 | 0 | 0 | |
GATT Library | qc083xz6164 | Second Session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Advance Notice of Meeting | United Nations Economic and Social Council, June 12, 1947 | United Nations. Economic and Social Council | 12/06/1947 | official documents | E/PC/T/96 and E/PC/T/92-105 | https://exhibits.stanford.edu/gatt/catalog/qc083xz6164 | qc083xz6164_92290112.xml | GATT_152 | 184 | 1,359 | ECONOMIC CONSEIL RESTRICTED
AND ECONOMIQUE E/PG/T/96
AND 12 June 1947
SOCIAL COUNCIL ET SOCIAL ORIGINAL: ENGLISH
SECOND -SESSION OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFERENCE ON: TRADE AND EMPLOYMENT.
Advance Notice of Meeting
With reference to the statement made by the Belgium-
Luxemburg Delegation at the Executive Session held on
June 9, 1947 (document E/PC/T/90) and in compliance with
the decision taken by the Preperatory Committee on
that occasion, it has been arranged to hold an Execu-
tive Session next Monday, June 16, to discuss the
question raised by the Delagation of Belgium-Luxemburg.
DEUXIEME SESSION DE LA COMMISSION PREPARATOIRE
DE LA CONFERENCE DU COMMERGE ET DE L'EMPLOI
DE L' ORGANIZATION DES NATIONS UNIES
Avis préalable de réunion
Come suite à la déclarations faite par la délégation
belgo-luxembourgeoise à la séance du Comité exécutif
du 9 juin 1947 document E/PU/T/90) et conformémont à la
decision prise par la Commission Préparatoire à cetta occa-
sion, il a été convenu qu'une séanes on Comité'
exécutif aurait lieu lundi prochain, 16 juin, en vue d'examiner
la question soulevée par la délégation belgo-luxembourgerise.
NATIONS UNIES
UNITED NATIONS |
GATT Library | rp624sp9893 | Second Session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Advance Notice of Meeting | United Nations Economic and Social Council, May 1, 1947 | United Nations. Economic and Social Council | 01/05/1947 | official documents | E/PC/T/61 and E/PC/T/44-66 | https://exhibits.stanford.edu/gatt/catalog/rp624sp9893 | rp624sp9893_92290069.xml | GATT_152 | 148 | 989 | UNITED NATIONS NATIONS UNIES RESTRICTED
E/PC /T/61
ECONOMIC CONSEIL 1 May, 1947
AND ECONOMIQUE
SOCIAL COUNCIL ET SOCIAL
SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYENT
ADVANCE NOTICE OF MEETING
In the light of the replies received to E/PC/T/Del./22,
the Executive Secretary has arranged for a Working Party to
discuss Articles 15 to 23 inclusive and Article 37 of the
Drart Charter to meet on May 8th at 10.30 a.m.
DEUXIEME SESSION DE LA COMMISSION PREPARATOIRE DE LA
CONFERENCE DU COMMERCE ET DE L'EMPLOI DE L'ORGANISATION
DES NATIONS UNIES
AVIS DE REUNION
En tenant compte des réponses au Document E/PC/T/Del/22
qui lui sont parvenues, le Secrétaire exécutif a prévu la
date du 8 mai à 10h. 30 pour la réunion d'un groupe de tra-
vail chargé d'examiner les articles 15 à 23 inclus et l'ar-
ticle 37 du Projet de Charte, |
GATT Library | vk859rb7668 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Amedments proposed by U.K. Delegation. Draft Charter. Chapter VI - Restrictive Business Practices | United Nations Economic and Social Council, May 28, 1947 | United Nations. Economic and Social Council | 28/05/1947 | official documents | E/PC/T/W/131 and E/PC/T/W/125-150 | https://exhibits.stanford.edu/gatt/catalog/vk859rb7668 | vk859rb7668_90050267.xml | GATT_152 | 196 | 1,493 | UNITED NATIONS NATIONS UNIES
ECONOMIC CONEIL RESTRICTED
AND ECONOMIQUE E/PC/T/W/131
SOCIAL COUNCIL ET SOCIAL 28 May 1947.
SECOND SESSION OF THE PREPARATORY COIvMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT.
AMEDMENTS PROPOSED BY U.K. DELEGATION
Draft Charter
Chapter VI - Restrictive Business Practices.
ARTICLE 40
The U.K. Delegation maintains its proposal mentioned in
(a) of the Specific Comments on paragraph 1 (b) of the Article
in the Drafting Committee's Report (page 35).
ARTICLE 45
Substitute for the existing text, the following:-
Exceptions to Provisions of this Chapter
1. Subject to any inter-governmental conventions or arrange-
ments which may hereafter be concluded pursuant to Article
61 (c), the undertakings expressed in Chapter VI shall not
apply to:
(a) inter-governmental commodity agreements meeting the
requirements of Chapter VII;
(b) the international agreements excepted in Article 59;
or
(c) agreements or understandings concerning railway
transportation, aviation, shipping and telecommunication
or other services.
2. Notwithstanding the foregoing, the Organization may in its
discretion make recommendations to Members and to appropriate
international agencies concerning any features of the
agreements referred to in paragraph 1(b) of this Article
which may have the effect described in paragraph 1 of
Article 39. |
GATT Library | mm512vr1927 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Amendment by Chilean Delegation. Article 15 | United Nations Economic and Social Council, May 10, 1947 | United Nations. Economic and Social Council | 10/05/1947 | official documents | E/PC/T/W.56 and E/PC/T/W/23-81 | https://exhibits.stanford.edu/gatt/catalog/mm512vr1927 | mm512vr1927_90050185.xml | GATT_152 | 144 | 1,008 | UNITED NATIONS
ECONOMIC
AND
SOCIAL COUNCIL
NATIONS UNIES
CONSEIL
ECONOMIQUE
ET SOCIAL
RESTRICTED
E/PC/T/W.56
10 May, 1947
SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT.
AMENDMENT BY CHILEAN DELEGATION
Article 15
Add the following sub-paragraph after paragraph 2
of Article 15:
"The provisions of this paragraph shall not imply
exemption from internal taxes imposed on imported products
to bring them into line with the taxes imposed on national
Products".
SECONDE SESSION DE LA COMMISSION PREPARATOIRE
DE LA CONFERENCE DU COMEREE ET DE L'EMPLOI
DE L'ORGANISATION DES NATIONS UNIES.
AMENDENMENT DE LA DELEGATION CHILENNE
Article 15
Ajouter l'alinéa ci-dessous à la suite du paragraphe
2 de l'article 15:
"Les dispositions du present paragraphe n'impliqueront
pas l'exemption des taxes d'ordre intérieur qui frappent
les products importés et qui sont destiniées à correspondro
aux taxes qui frappent les produits nationaux." |
GATT Library | mh295jp4661 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Amendment by Chilean Delegation. Article 16, Paragraph 1 | United Nations Economic and Social Council, May 10, 1947 | United Nations. Economic and Social Council | 10/05/1947 | official documents | E/PC/T/W.55 and E/PC/T/W/23-81 | https://exhibits.stanford.edu/gatt/catalog/mh295jp4661 | mh295jp4661_90050184.xml | GATT_152 | 148 | 1,068 | UNITED NATIONS NATIONS UNIES
ECONOMIC CONSEIL RESTRICTED
AND ECONOMIQUE E/PC/T/W.55
SOCIAL COUNCIL ET SOCIAL 10 May, 1947
SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT
Amendment by Chilean Delegation
ARTICLE 16, Paragraph 1
Add the following after the phrase "across whose
territory the traffic passes" :
"or proceeding from one point of a given country to
another point of the same country across the territory
of another state".
SECONDE SESSION DE LA COMMISSION PREPARATOIRE
DE LA CONFERENCE DU COMMERCE ET DE L'EMPLOI
DE L'ORGANISATION DES NATIONS UNIES
Amendment de la Délégation chilienne
ARTICLE 16 Paragraphe 1
Ajouter à la suite de la phrase se terminant par
les mots:
"sur le territoire delquel il a lieu"
le passage suivant:
"ou se poursuivant d'un point d'un pays donné
"jusqu'à un autre point du même pays, en passant
"par le territoire d'un autre Etat." |
GATT Library | kw892zw7194 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Amendment by the South African Delegation to Article 86 | United Nations Economic and Social Council, July 14, 1947 | United Nations. Economic and Social Council | 14/07/1947 | official documents | E/PC/T/W/243 and E/PC/T/W/236-260 | https://exhibits.stanford.edu/gatt/catalog/kw892zw7194 | kw892zw7194_90050393.xml | GATT_152 | 164 | 1,158 | UNITED NATIONS NATIONS UNIES RESTRICTEDT
ECONOMIC CONSEIL E/PC/T/W/243
AND ECONOMIQUE 14 July 194
SOCIAL COUNCILZ - ET SOCIAL ORIGINAL ENGLIS}H
SECOND SESSION OF THE PBEPARLTORY COMMITTEE
0F THE UNITED NATIONS CONFERENCE ON TRADE
AND EMPLOYMENT
AMENDMENT BY THE SOUTH AFRICAN DELEGATION
TO
ARTICLE 86.
To add the following new paragraph -4
"The notes appearing in .Annex . . . . . . shall be used in the
intsrpretation ion of the Charter as evidence of the intention
heof t contracting parties in agreeing to the terms of the
Charter" .
Comment:
The wording of many articles wcas aeceptd by
varioulegationss de on the distiuanerctndstandinatg teh thy
woueld be inetrprted ien th light of notes atetechd to the
reports. will It l oonesequntelye eb ncssery to safeguard the
position by including in a saeeparcute domnt whatever notes
treparatoryhoommittee may P approve. Those notes wiell b
giveen du status ase inetative trprmaterifial a paragraph
likata th now proposed is included ienA th rticle on
- Interpretatssio |
GATT Library | cp805js5905 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : AMendment of Article 24. Statement by the Chinese Delegation proposing the addition of a new paragraph | United Nations Economic and Social Council, August 7, 1947 | United Nations. Economic and Social Council | 07/08/1947 | official documents | E/PC/T/l/267 and E/PC/T/W/261-306 | https://exhibits.stanford.edu/gatt/catalog/cp805js5905 | cp805js5905_90050419.xml | GATT_152 | 583 | 3,906 | RESTRICTED
:ECONOMIC CONSEIL E/PC/T/l/267
AND ECONOMIQUE 7 August 1947.
SOCIAL COUNCIL ET SOCIAL ORIGINAL: ENGLISH
:SECOND SESSION OF THE PREPARATORY COMMITEE oF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT
AMendment of Article 24
Statement by the Chinese Delegation proposing
the addition of a new paragraph
The Chinese Delegation has consistently objected to the
additional provisions of the original paragraph 2 of Article
15, which are bein-: considered. by the Sub-Committee and which
originate in an amendsent of the United States Deleation
(E/PC/T/W.23). It has maintained this objection in the
discussions of the Sub-Committee on that Article by recording
its reservations, and wishes now to re-affira its position
and submit a formal amendment as follows:
The Chinese Delegation takes the view that the question
as to whether there is substantial domestic production of any
particular imported commodity has nothing to do with the
principle of national treatnient for that commodity and that so
long as imported products are subject to new or increased
internal taxes and charges which are applied to like domestic
products, the importing Member should be regarded as fulfilling
its obligations under that principle. This, we feel, should
be the only correct and precise intepretation to put on any
provisions on the subject. But if we accept the added provisions
the importing Member is not allowed to levy new or increased
internal taxes on any commodity of which there is no sub-
stantial domestic production, even though they are to be applied
on a strictly non-discriminatory basis. Should it levy such
taxes, any exporting Member that chooses to take a one-sided
view of the levy, may always find an excuse to object to it
as a protective measure and, in so doing, interfere with the
freedom to enforce suitable systems or taxation, without which
no Government can function properly. In short, the provisions
in question, instead of taking cognisance of objective facts,
introduce vague and ill-defined factors for assessing the
economic consequences of internal taxation. They are unjust
in principle and are bound in practice to cause endless
dispute.
For these reasons, the Chinese Delegation proposes
the deletion of the provisions which the Sub-Committee
proposes to add to the original paragraph 2 of Article 15,
namely
"Moreover, in cases in which there is no substantial
domestic production of like products of national origin,
no contracting party shall apply now or increased internal
P.T.O.
UNITED NATIONS
NATIONS UNIES E/PC/T/W/267
page 2
taxes on the products of other contracting parties for the
purpose of affording protection to the production of directly
competitive or substitutable products which are not similarly
taxed. "Existing internal taxes of the kind referred to in
the preceding sentence shall be subject to negotiation for
their reduction or elimination".
In doing so, however, it has no intention of ignoring
the legitimate interests of any exporting Member in respect
of products which arc the subject of tariff agreements
negotiated in accordance with Article 24 of this Charter.
The Chinese Delegation, therefore, without prejudice to its
final position, proposes to insert the following provisions
as a new paragraph to Article 24.
"Should any new or increased internal tax be subsequently
imposed upon an importe commodity the subject of a tariff
agreement negotiated in pursuance to this Article, in respect
of, which there is no substantial domestic production, the
Member which imposes such tax shall, when requested by any
other Member or Members substantially affected, negotiate
on the tax treatment of the product in question in the light
of its negotiated obligation."ss |
GATT Library | sh786nh1289 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Amendment proposed by the Australian Delegation. Article 35 - paragraph 2 | United Nations Economic and Social Council, June 6, 1947 | United Nations. Economic and Social Council | 06/06/1947 | official documents | E/PC/T/W/170 and E/PC/T/W/151-176 | https://exhibits.stanford.edu/gatt/catalog/sh786nh1289 | sh786nh1289_90050307.xml | GATT_152 | 754 | 4,906 | UNITED NATIONS
E/PC/T/W/170
ECONOMIC CONSEIL 6 June 1947
AND ECONOMIQUE ORIGINAL: ENGLISH
SOCIAL COUNCIL ET SOCIAL
SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT
AMENDMENT PROPOSED BY THE .AUSTRALIAN DELEGATION
ARTICLE 35 - paragraph 2
2 (a) If any Member should consider that [any other Member
is applying any measure, whether or not it conflicts with
the terms.of this Charter, or that any situation exists, which
has the effect of nullifying or impairing any object of this
Charter, the Member or Members concerned shall give sympathetic
consideration to such written representations or proposals as
may be made with a view to effecting a satisfactory adjustment
of the matter].
any benefit accorded to it directly or indirectly by this
Charter is being nullified or impaired, or that the promotion
by it of any of the Purposes of this Charter is being impeded,
as the result of -
(i) the application by another Member of any measure.
whether or not it conflicts with the provisions
of this Charter; or
(ii) the failure of another Member to carry out its
obligations under this Charter; or
(iii) the existence of any other situation.
the Member may. with a view to the satisfactory adjustment of
the matter, make written representations or proposals to the
other Member or Members which it considers to be concerned.
Any Member thus approached shall give sympathetic consideration
to the representations or proposals made to it.
[If no such adjustment can be effected, the matter may be
referred to the Organisation, which shall, after investigation,
and if necessary after consultation with the Economic and
Social Council of the United Nations and any appropriate inter-
governmental organisations, make appropriate recommendations
to the Members concerned.]
If no satisfactory adjustment is effected between the Members
concerned within a reasonable time, or if the difficulty is of
the type described in (iii) of this sub-paragraph, the matter
may be referred to the Organisation.
(b) The Organisation shall promptly investigate any matter so
referred to it, and after consultation if necessary with Members,
with the Economic and social Council of the United Nations and
with any appropriate inter-governmental organizations, shall
make appropriate recommendations to the Members concerned.
NATIONS UNIES
RESTRICTEED E/PC/T/W/170
page 2
[The Organisation, if it considers the case]
(c) If the Organisation considers that the circumstances are
serious enough to justify such action, it may authorise a Member
or Members to suspend the application to [any] such other Member
or Members of such [specified] obligations or concessions under
this Chapter as the Organisation determines to be [may be]
appropriate in the circumstances.
If the application to any Member of any [If obligations]
or concession[s] is [are] in fact suspended that [any affected]
Member shall then be free, not later than sixty days after such
action is taken to advise the Director-General in writing of its
intention to withdraw from the Organisation and such withdrawal
shall take effect upon the expiration of sixty days from the day
on which written notice of such withdrawal is received by the
[Organisation] Director-General.
COMMEN T
The main purposes sought in this re-drafting are:-
(1) to replace the phrase "nullifying or impairing
any object of this Charter" by words that more
clearly express the intention and are less
ambiguous, it being felt that reliance upon the
phrase "object of this Charter", as at present,
leaves too much to inference;
(2) to set out more clearly the circumstances in which
a Member may make a complaint and seek to be
released from obligations undertaken or concessions
granted by it;
(3) to provide for the fact that in some cases a
complaining Member's difficulties might not be
due to any act or failure of another Member
to whom complaint could appropriately be made,
while retaining the provision that when another
Member is clearly involved, consultation and
conciliation between the Members should be
attempted before the matter is referred to the
Organisation;
(4) to ensure that the drafting of the Article covers
the types of cases described in paragraphs 4(b)
and 4(c) on page 11, and 3(1) on page 15 of the
London Report.
(5) to retain the idea that it is the Organisation
which determines, in the circumstances, the
obligations from which one or more Members may
be released, and which Members should be released;
(6) to clarify the procedure under which a Member may
withdraw from the Organisation in the circumstances
set out in this Article, and to use similar language
to Article 89.
4th June 1947 |
GATT Library | xd783yk7473 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Amendment proposed by the Australian Delegation. Article 37 | United Nations Economic and Social Council, August 6, 1947 | United Nations. Economic and Social Council | 06/08/1947 | official documents | E/PC/T/W/264 and E/PC/T/W/261-306 | https://exhibits.stanford.edu/gatt/catalog/xd783yk7473 | xd783yk7473_90050416.xml | GATT_152 | 243 | 1,671 | UNITED NATIONS NATIONS UNIES RESTRICTED
ECONOMIC CONSEIL E/PC/T/W/264
AND ECONOMIQUE 6 August 1947
SOCIAL COUNCIL ET SOCIAL ORIGINAL: ENGLISH
SECOND SESSION OF THE PREPARATORY COMMITTED OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT
Amendment proposed by the Australian Delegation.
ARTICLE 37
The Australian Delegation wishes to propose an amendment
to paragraph (g) of Article 37 and suggests that it read as
follows:
(g) Relating to the conservation, by export pro-
hibitions, of exhaustible natural resources, if
such measures are made effective in conjunction
with restrictions on domestic production or
consumption or are considered by the Member to be
necessary to its long term plans for defence or
security; or
It is regretted that this amendment was not submitted
earlier, but it has been necessary to consider the latest texts
of Article 25 (2) and Article 37.
After a careful examination of these Articles, it is con-
sidered that insufficient provision is made for conservation, by
the imposition of export prohibitions, of materials which are
essential to the security interests of a Member.
Pre-war experience in Australia showed that it was
necessary to prohibit the exportation of iron ore, partly on the
grounds that it seemed likely to be used for military purposes
by the purchasing country.
It is therefore the view of the Australian Delegation that
there should be in the Charter, a provision enabling a Member to
prohibit exports of such essential materials in the long term
interests of its security. |
GATT Library | nk280jm6184 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Amendment proposed by the Belgian Delegation | United Nations Economic and Social Council, May 27, 1947 | United Nations. Economic and Social Council | 27/05/1947 | official documents | E/PC/T/W/130 and E/PC/T/W/125-150 | https://exhibits.stanford.edu/gatt/catalog/nk280jm6184 | nk280jm6184_90050265.xml | GATT_152 | 261 | 1,811 | UNITED NATIONS
ECONOMIC CONSEIL RESTRICTED
AND ECONOMIQUE E/PC/T/W/130
SOCIAL COUNCIL ET SOCIAL 27 May 1947.
SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT.
Amendment proposed by the Belgian Delegation.
Article 39, para. 1 before the words "business practices" insert
the words "the continuance or the recurrence of''.
For "harmful effects on the expansion of production...
as set forth in Article 1" read "harmful effects on the
achievement of the purposes of the Charter, as set forth in
Article 1".
para. 2 after sub-para. (b) add the following sub-
paragraph. "Nevertheless, the practices enumerated in para. 3
sub-paras. (e), (f) and (g) shall be presumed to have the
harmful effects described in Article 1, unless proof to the
contrary is furnished in any specific case".
para. 3 sub-para. (c) delete the words "whether by
boycott or otherwise".
for sub-para. (o) substitute "and boycotting
particular enterprises".
for sub-para. (f) substitute the original sub-para. (e).
Article 40, para. l, sub-para. (e) delete the words "or are about
to have''.
para. 2, sub-para. (a) for "determination" substitute
"conclusion". Delete the words "or are about to have" to be
deleted.
After the word ``recurrence" add "of the misuse".
in sub-para. (c), delete the words "decisions,
findings, or other".
Article 42, para. 1 sub-para. (b) for "determination" substitute
"conclusions".
After the word ``recurrence" add the words "of the
misuse".
Delete the words "or to be about to have".
para. 2, sub-para. (c), section (ii) delete the
words "which is not essential to the organization in under-
taking an adequate investigation". |
GATT Library | rw626pq4676 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Amendment proposed by the Belgo-Luxeembourg Delegation | United Nations Economic and Social Council, June 20, 1947 | United Nations. Economic and Social Council | 20/06/1947 | official documents | E/PC/T/W/209 and E/PC/T/W/208-220 | https://exhibits.stanford.edu/gatt/catalog/rw626pq4676 | rw626pq4676_90050354.xml | GATT_152 | 126 | 814 | UNITED NATIONS
ECONOMIC
AND
SOCIAL -COUNCIL
NATIONS UNIES
CONSEIL
ECONOMIQU E
ET SOCIAL
RESTRICTED
E/PC/T/W/209
20 June 1947
ORIGINAL: FRENCH
SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT
AMENDMENT PROPOSED BY THE BELGO-LUXEEMBOURG DELEGATION
ART. 26 - Paragraph 3 (e)
Add the following atthe end of the first sentence:
"in so far as the methods used are aimed at the development
rather than the contraction of International exchange."
Comment.
The present amendment aims at bringing Article 20 into
line with Chapters III and IV and with the fundamental objects
of the Charrer. The observations of the Sub-Committee on
Article 6 (of. E/PC/T/95,pages 4 and 5) hold equally good in
the case envisaged in paragraph 3 (e) of Article 26. |
GATT Library | pp208rq2621 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Amendment proposed by the Chinese Delegation to Art- icle XXIX of the Draft Agreement on Tariffs Trade | United Nations Economic and Social Council, August 11, 1947 | United Nations. Economic and Social Council | 11/08/1947 | official documents | E/PC/T/W//275 and E/PC/T/W/261-306 | https://exhibits.stanford.edu/gatt/catalog/pp208rq2621 | pp208rq2621_90050427.xml | GATT_152 | 226 | 1,558 | ECONOMIC CONSEIL E/PC/T/W//275
AND ECONOMIQUE 11 August 1947
SOCIAL COUNCIL ET SOCIAL ORIGINAL: ENGLISH
SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT.
Amendment proposed by the Chinese Delegation to Art-
icle XXIX of the Draft Agreement on Tariffs & Trade
In view of the fact that three alternative texts
of Article 306, representing, three different points of
view regarding the relationship with non-Members, are
to be transmitted by the Preparatory Committee to the
coming World Trade Conference for decision, it is pro-
posed that Paragraph 2 of Article XXIX of the Drafted
General Agreement on Tariffs and Trade be temporarily
deleted.
DEUXIEME SESSION DE LA COMMISSION PREPARATOIRE DE LA
CONFERENCE DU COMMERCE ET L'EMPLOI DE
L' ORGINISATION DES NATIONS UNIES
Amendment - l'article XXIX du Projet d'Accord sur les
Tarifs douaniers et le Commerce, proposé par la déléga-
tion de la Chine.
En raison du fait que la Commission préparatoire
soumettra à la prochaine Conférence mondiale du Commerce
pour qu'elle prenne une décision à ce sujet trois textes
possibles de l'article 36, qui exposent trois points de
vue différents au sujet des relations avec les Etats
non-membres, la délégation de la Chine propose de suppri-
mer provisoirement le paragraphe 2 de l'article XXIX du
Project d'Accord général sur les Tarifs douaniers et le
Commerce.
UNITED NATIONS
RESTRICTED
NATlONS UNIES |
GATT Library | xp295vc4835 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Amendment proposed by the Cuban Delegation. Article 25 | United Nations Economic and Social Council, June 13, 1947 | United Nations. Economic and Social Council | 13/06/1947 | official documents | E/PC/T/W/194 and E/PC/T/W/177-207 | https://exhibits.stanford.edu/gatt/catalog/xp295vc4835 | xp295vc4835_90050338.xml | GATT_152 | 438 | 2,980 | UNITED NATIONS
ECONOMIC
AND
SOCIAL COUNCIL
NATIONS UNIES
CONSEIL
ECONOMIQUE
ET SOCIAL
RESTRICTED
E/PC/T/W/194
13 June 1947
ORIGINAL: ENGLISH.
SECOND SESSION OF THE PREPARATORY COMMITTEE OF OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT.
Amendment proposed by the Cuban Delegation
Article 25.
Insert in paragraph 2, a new sub-paragraph (f) reading as follows:
"(f) Import restrictions on any product in which a
Member considers domestic production essential to the
economic development of its country, either in the
agricultural or in the industrial sphere, in case the
subsidization of this production has proved or is
likely to prove unoperative, the Member shall eliminate
the restrictions when, after an adequate period which
regularly shall not exceed three years, the conditions
of the agricultural or industrial production to be
developed prove that it is not capable of maintaining
itselif without further protection during an unlimited
period of time.
If in the opinion of the Organization the measures
adopted by a Member under this sub-paragraph are likely
to have an extraordinary and unduly restrictive effect
on international trade, the Organization may request
that the Member consult ith other interested Members
with a view toward effecting a satisfactory adjustment
of the matter.
If no such adjustment can be effected the
Organization shell, after investigation, and if necessary
after consultation with the Economic and Social Council.
of the United Nations and any competent inter-
governmental organization, make appropriate
recommendations to the members concerned. Paragraph 2
of Article 35 shall be applied earrespondingly.11 E/PC/T/W194 page 2.
Article 26
In connection with Article 6, Chapter III:
follws insert a new paragraph numberd as Paragraph 5, to read as
follows:
"5. Any Member which considers that its balance
of payment difficulties are based on the disequilibrium
in the balance of payments of another Member or other
members, before eating in accordance with the fore-
going paragraphs, and in order to implement the
provision of Article 6, shall bring the matter for
discussion to the Organization. The Members concerned
shall then participate in discussions on the possibil-
itics and forms of common action."
2, Renumber the present paragraphs 5, 6 and '7 accordingly.
Article 28
Paragraph 1 (d). Insert after sub-paragraph (c), the
following new sub-paragraph
"(d) Conditions attaching to import Which are
necessary to insure that an importing Member country
is enabled to pay for its imports with its own
currency or the currency of any Member of the
International Monetary Fund specificed by the
importing Member country."
Sub-paragraphs (d) and (e) to become now (e) and (f)
respectively.
2. Paragraph 2. After the words "Provided that Member may",
delete the words "if it so desires'. |
GATT Library | zt423fb9127 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Amendment proposed by the Czechoslovak Delegation Commission B. Article 30 | United Nations Economic and Social Council, June 18, 1947 | United Nations. Economic and Social Council | 18/06/1947 | official documents | E/PC/T/W/201 and E/PC/T/W/177-207 | https://exhibits.stanford.edu/gatt/catalog/zt423fb9127 | zt423fb9127_90050345.xml | GATT_152 | 214 | 1,487 | United Nations Nations Unies
RESTRICTED
ECONOMIC CONSEIL E/PC/T/W/201
AND ECONOMIQUE 18 June 1947 ORIGINAL:ENGLISH
SOCIAL COUNCIL ET SOCIAL
SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYENT
Amendment proposed by the Czechoslovak Delegation
Commission B
Article 30
As a result of the discussion of Article 30 in Commission
B the Czechoslovak Delegation submits the following, amendment
of Article 30:
1. Delete the second part of paragraph 2 (a) beginning
with the words "Provided that...."
2. Add a new paragraph 3 reading as follows:
"(3). The provisions of this Article shall not prevent any
Member from exempting exported products from duties or taxes
imposed in respect of like products when consumed domestically
or from remitting such duties or taxes which have accrued.
The use of the proceeds of such duties or taxes to make payments
to domestic producers, however, would be considered as a case
under paragraph (1)".
3. Renumber the following paragraph accordingly.
Comment:
The present wording does not express clearly enough
the idea that the first two actions mentioned above /i.e. the
exemption from duties and remission of duties/ should in no
case be considered as subsidies and ought to be exempted from
the provisions of the whole Article, i.e. also from the
requirements of paragraph 1. |
GATT Library | sy590rb8488 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Amendment proposed by the Indian Delegation. Chapter V Section C - Article 26 | United Nations Economic and Social Council, May 20, 1947 | United Nations. Economic and Social Council | 20/05/1947 | official documents | E/PC/T/W/136 and E/PC/T/W/125-150 | https://exhibits.stanford.edu/gatt/catalog/sy590rb8488 | sy590rb8488_90050272.xml | GATT_152 | 117 | 753 | UNITED NATIONS
ECONOMIC
AND
SOCIAL COUNCIL
NATIONS UNIES
CONSEIL
ECONOMIQUE
ET SOCIAL
RESTRICTED
E/PC /T/W/136
20 May 1947
SECOND SESSION OF THE PREPARATORY COMMITTEE
OF THE UNITED NATIONS CONFERENCE ON
TRADE AND EMPLOYMENT
Amendment proposed by the Indian Delegation
Chapter V Section C - Article 26.
Article 26, paragraph 2, subparagraph (c) -
Insert the words "as far as possible" between
"not" and apply" .
DEUXIEME SESSION DE LA COMMISSION PREPARATOIRE
DE LA CONFERENCE DU COMMERCE ET DE L'EMPLOI
DE L'ORGANISATION DES NATIONS UNIES.
Amendement proposé par la Délégation de l'Inde
Chapitre V, Section C - Article 26.
Article 26, paragraphe 2, alinéa (c):
Mettre en tête de cet alinéa les mots "dans la
mesure du possible". |
GATT Library | rm263fj5140 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Amendment proposed by the Norwegian Delegation. Article 32 | United Nations Economic and Social Council, June 16, 1947 | United Nations. Economic and Social Council | 16/06/1947 | official documents | E/PC/T/W/197 and E/PC/T/W/177-207 | https://exhibits.stanford.edu/gatt/catalog/rm263fj5140 | rm263fj5140_90050341.xml | GATT_152 | 149 | 1,129 | UNITED NATIONS NATIONS UNIES RESTRICTED
E/PG/T/W/197
ECONOMIC CONSEIL 16 June 1947
-AND ECONOMIQUE Original: ENGLISH
SOCIAL COUNCIL ET SOCIAL
SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT
Amendment proposed by the Norwegian Delegation
ARTICLE 2
Paragraph 4 should read:
"In applying the provision of this Article due regard
shall be, had for the fact that some monopolies are
established and operated mainly for social, cultural,
humanitarian, or revenue purposes."
DEUXIEME SESSION DE LA CONFEREDMOE PREPARATOIRE
DE LA. CONFERENCE DU COMMERCE ET DE L'EMPLOI
DE L'ORGANISATION DES NATIONS UNIES.
Amendement proposé par la délégation de la 7T)rvège.
ARTICLE 32
II conviendrait de rédiger comme .suit le para-
graphe 4
"En appliquant les dispositions du present article, il
conviendra de tenir dûment compte du fait que certain mo-
nopoles ont été créés et fonctionnent principalement pour
des raisons d'ordre social, cultural, humanitaire ou fiscal." |
GATT Library | yn853tb4318 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Amendment proposed by the United Kingdom Delegation to Articles 2 and 88. Article 2 | United Nations Economic and Social Council, July 4, 1947 | United Nations. Economic and Social Council | 04/07/1947 | official documents | E/PC/T/W/235 and E/PC/T/W/220-235 | https://exhibits.stanford.edu/gatt/catalog/yn853tb4318 | yn853tb4318_90050383.xml | GATT_152 | 0 | 0 | |
GATT Library | pd156wf7093 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Amendment proposed by the United Kingdom Delegation to Articles 2 and 88. Article 2 | United Nations Economic and Social Council, July 4, 1947 | United Nations. Economic and Social Council | 04/07/1947 | official documents | E/PC/T/W/235 and E/PC/T/W/220-235 | https://exhibits.stanford.edu/gatt/catalog/pd156wf7093 | pd156wf7093_90050383.xml | GATT_152 | 1,446 | 9,761 | UNITED NATIONS NATIONS UNIES
ECONOMIC CONSEIL RESTRICTED
AND ECONOMIQUE E/PC/T/W/235
4 July 1947.
SOCIAL COUNCIL ET SOCIAL ORIGINAL: ENGLISH.
SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT
.
Amendment proposed by the United Kingdom
Delegation to Articles 2 and 88.
ARTICLE 2
1. The following shall be Members of the Organisation:-
(i) States represented at the United Nations Conference
on Trade and Employment, whose Governments accept
this Charter in accordance with article 88(2) or, if
this Charter shall not have entered into force by
........ 194 , agree to bring it into force in
accordance with the proviso in Article 88(4);
(ii) any State, Member of the United Nations, not
represented at the United Nations Conference on Trade
and Employment, whose Government accepts this Charter
in accordance with Article 88(2);
(iii) any State not a Member of the United Nations and not
represented at the United Nations Conference on Trade
and Employment, whose Government accepts this Charter
in accordance with Article 88(3) after its proposed
Membership has been approved by the Organisation.
2. The following not being entitled to Membership under
paragraph 1 of this Article, shall become an Associate:-
(i) any separate Customs territory invited to the
United Nations Conference on Trade and Employment,
upon notification by the competent Member to the
Director General, provided that it has boon declared
by the competent Member to be autonomous in the
conduct of its external commercial relations and the
other matters provided for by this Charter, and that
the ccmpetent Member has accepted this Charter on
its behalf in accordance with the provisions of
Article 88(6);
(ii) any separate Customs territory, not invited to the
United Nations Conference on Trade and Employment,
which is declared by the competent Member to be
autonomous in the conduct of its external commercial
relations and of other matters provided for by the
Charter, and on behalf of which the competent
Member has accepted this Charter in accordance with
the provisions of Article 88(6) after its admission
as an Associate has been approved by the Organisation. .
E/PC/T/W/235
page 2.
3. The Organisation shall determine the conditions on which
(a) trust territories administered by the United Nations;
(b) the Free territory of Trieste shall participate in the
Organisation.
4. The rights and obligations of Associates shall be
determined by the Organisation.
ARTICLE 2
Amendment proposed by the United Kingdom Delegation
COMMENTS
1. In recent discussions in the Chairman's (Heads of
Delegations) Committee it has been recognized that there are
certain separate customs territories possessing full autonomy
in tho conduct of their external commercial relations and the
other matters provided for by this Charter. Such territories
are Burma, Ceylon and Southern Rhodesia. The United Kingdom
believes that it is highly desirable that such territories
should undertake and implement the obligations of I.T.O., since
ideally the International Trade Organisation should include all
countries which participate appreciably in World Trade. Since
they are self-governing in respect of these obligations, the
metropolitan country having formal international responsibility
for them cannot undortake the obligations on their behalf or
secure their implementation. Althoughh the metropolitan country
acts as the channel through which their acceptance is deposited,
the decision to accept the obligations and the power to implement
them rests entirely with the Governments of the separate customs
territories. The United Kingdom Delegation is therefore of
the opinion that it is equitable, and indeed necessary, that
they should be able to participate in the work of the
Organisation whose obligations thoy have accepted.
2. The United Kingdom Delegation therefore proposed that such
territories should be associates. This preserves a distinction
in the Charter between independent sovereign states and
territories which have not yet attained that statue. In the
opinion of the United Kingdom Delegation it would be for the
Organisation when set up to determine the exact status of
associates (see paragraph 4 of the proposed amendment).
3. Paragraph 1 of the proposed re-draft deals with
independent sovereign states, under three categories:-
(i) States invited to the World Conference which
automatically become members under the procedure laid
down in Article 88(4).
(ii) States, members of United Nations, which do not
accept the invitation to the World Conference, but
later decide to adhere to I.T.O. These can become
members by depositing an instrument of acceptance in
accordance with Article 88(2).
. . E/PC/T/W/235
Page 3.
.
(iii) States, not members of the United Nations which,
either because they did not accept or because they
did not receive an invitation, did not attend the
World Conference, but which later wish to adjere to
I.T.O. This category of states have to obtain the
approval of the Organisation before becoming members.
4. Paragraph 2 deals with separate customs territories not
fully independent, but possessing full autonomy in the conduct
of their external commercial relations and the other matters
provided for by the Charter, in two categories:-
(i) These invited to the World Conference, which if they
so desired, would automatically become members when
the metropolitan state having international responsi-
bility for them complied with thu procedure laid down
in Article 88(6).
(ii) Those not invited to the World Conference which
could only become associates after the Organisation
had approved their application.
5. The United Kingdom Delegation considers that it will be
necessary to make special provision not only for trust
territories administered by the United Nations but also for
the Free Territory of Trieste when the Trieste Statute enters
into force.
6. The references to Article 88 in this note are to the
amended version of that Article proposed by the United Kingdom
Delegation, of which a copy follows, for case of reference,
(see E/PC/T/W.202).
ARTICLE 88
1. This Charter shall remain open for signature until .......
194.... and shall be subject to acceptance.
2. Each Government accepting this Charter shall deposit an
instrument of acceptance with the Secretary-General of the
United Nations, who shall inform all Governments represented at
the United Nations Conference on Trade and Employment and all
other Members of the United Nations not so represented, of the
date of deposit of each instrument of acceptance and of the
date on which this Charter enters into force under paragraph 4
of this Article. After this Charter has entered into force,
each Government which has deposited an instrument of acceptance
shall thereupon become a Member of the Organisation.
3. The Government of any country whosc proposed Membership of
the Organisation has been approved by the Conference under
paragraph ....... of Article 2 shall deposit an instrument of
acceptance with the Secretary-General of the United Nations,
and shall thereupon become a Member of the Organisation.
4. This Charter shall enter into force on the sixtieth day
following the day on which the number of governments
. .
E/PC/T/W/235
page 4.
represented at the United Nations Conference on Trade and
Employment which have deposited instruments of acceptance
pursuant to paragraph 2 of this Article shall reach twenty, and
the instrument of acceptance of each other accepting government
shall take effect on the sixtieth day following the day on
which it is deposited, Provided that, if this Charter shall not
have entered into force by 194 , any of the govern-
ments which have brought into force the General Agreement on
Tariffs and Trade dated ............ 194 , together with any
other governments represented at the United Nations Conference
on Trade and Employment, may agree to bring this Charter into
force among themselves in accordance with arrangements which
they may agree upon. Any instrument of acceptance deposited
with the Secretary-General of the United Nations shall be taken
as covering both procedures for bringing this Charter into
force, unless it expressly provides to the contrary or is
withdrawn.
5. Each Government accepting this Charter does so in
respect of its metropolitan territory and of any other
territories for which it has international responsibility:
Provided that it may at the time of acceptance declare that any
separate Customs territory for which it has international
responsibility possesses full autonomy in the conduct of its
external commercial relations and other matters provided for
by the Charter, and that acceptance does not relate to such
territory.
6. Each Member may, at any time, accept this Charter in
accordance with paragraph 2 of this Article on behalf of any
such separate Customs territory willing to undertake the
obligations of the Charter. Acceptance on behaIf of such
territory shall take effect on the sixtieth day following the
deposit of the instrument of acceptance.
7. Each accepting Government shall take such reasonable
measures as may be available to it to assure observance of the
provisions of this Charter by subsidiary governments within its
territory.
. |
GATT Library | cy909yw1503 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Amendment submitted by the Australian Delegation. Article 25 | United Nations Economic and Social Council, August 6, 1947 | United Nations. Economic and Social Council | 06/08/1947 | official documents | E/PC/T/W/263 and E/PC/T/W/261-306 | https://exhibits.stanford.edu/gatt/catalog/cy909yw1503 | cy909yw1503_90050415.xml | GATT_152 | 184 | 1,352 | RESTRICTED
ECONOMIC CONSEIL
AND ECONOMIQUE E/PC/T/W/263
6 August 1947
SOCIAL COUNCIL ET SOCIAL ORIGINAL: ENGLISH
SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFERENTCE ON TRADE AND EMPLOYMENT
amendment submitted by the Australian delegation
ARTICLE 25
In the discussion by Commission A of the Report of the
Sub-Committee on article 25, the Australian Delegation will
propose the deletion o! the word "critical"; in paragraph 2(a).
This amendment will be submitted in relation to the need of
Australia, as a result of prolonged drought conditions, to
prohibit the exportation of stud merino sheep.
DEUXIEME SESSION DE LU COMMISSION PREPARATOIRE
DE LI CONFERENCE DU COMMERCE ET DE L'EMPLOI
DE L'ORGANISATION DES NATIONS UNIES
Amendement présenté par la délégation de l'Australie
ARTICLE 25
Lorsque la Commission A procédera à la discussion du
Rapport du Sous-comité chargé de l'examen de l'article 25, la
délégation de l'Australie proposera la suppression du mot
';critique" qui figure au paragraphe 2(a). Cet amendement sera
présenté en raison de l'obligation où l'Australie pourrait se
trouver d'interdire,é la suite d'une période de sécheresse
prolongée, l'exportation de mérinos d'élevage.
UNITED NATIONS
N'ATIONS UNIES |
GATT Library | yj962rf4601 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Amendment submitted by the Australian Delegation. Article 25 | United Nations Economic and Social Council, August 6, 1947 | United Nations. Economic and Social Council | 06/08/1947 | official documents | E/PC/T/W/263 and E/PC/T/W/261-306 | https://exhibits.stanford.edu/gatt/catalog/yj962rf4601 | yj962rf4601_90050415.xml | GATT_152 | 0 | 0 | |
GATT Library | cx389mv7740 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Amendment submitted by the Australian Delegation. Article 25 | United Nations Economic and Social Council, August 6, 1947 | United Nations. Economic and Social Council | 06/08/1947 | official documents | E/PC/T/W/263 and E/PC/T/W/261-306 | https://exhibits.stanford.edu/gatt/catalog/cx389mv7740 | cx389mv7740_90050415.xml | GATT_152 | 0 | 0 | |
GATT Library | xj936gn0862 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Amendment submitted by the Australian Delegation. Article 81 (Document E/PC/T159) | United Nations Economic and Social Council, August 12, 1947 | United Nations. Economic and Social Council | 12/08/1947 | official documents | E/PC/T/W/282 and E/PC/T/W/261-306 | https://exhibits.stanford.edu/gatt/catalog/xj936gn0862 | xj936gn0862_90050434.xml | GATT_152 | 331 | 2,289 | UNITED NATIONS NATIONS UNIES
RESTRICTED
ECONOMIC CONSEIL E/PC/T/W/282
AND ECONOMIQUE 12 August 1947
ORIGINAL: ENGLISH
SOCIAL COUNCIL ET SOCIAL
SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT
AMENDMENT SUBMITTED BY THE AUSTRALIAN DELEGATION
Article 81 (Document E/PC/T159)
The Australian Delegation proposes the deletion of the
final sentence of -aragraph 1 of Article 81 reading as follows:-
"Notwithstanding the provisions of paragraph 1
of Article 92 the Confer nce may amend the
provisions of this Charter to conform to any
such agreement provided such amendments do
not involve new obligations on the part of
Members.".
Comment
The sentence in Article 81 which is referred to, permits
the Conference, by simple majority, to amend the Charter where
the amendment does not involve new obligations upon Members,
Since the removal of an obligation of other Members could have
the same effect on a particular Member as the imposition
of a new obligation upon it, the drafting is defective,
and for that reason should at least be consistent wïth
Article 92 paragraph 1, where only obligations not involving
.a "change" in the obligations of Members shall immediately
become effective when approved by the Conference.
The Australian delegation prefers, however, the
deletion of the sentence in paragraph 1 of Article 81 for
the following reasons:-
(a) it is possible that a draft agreement between
ITO and the United Nations might propose changes
in the functions or activities of ITO which,
even though not involving a change in the
obligations of Members, represented an
important departure from the understandings
upon which Member entered the Organization;
(b) any such departure should require the consent
of a large majority of the Members;
(c) for these reasons, it seems desirable that
amendments to the ITO Constitution
necessary for the implementation of any
agreement with the United Nations should
be treated under paragraph 1 of Article 92,
in the same way as all other amendments,
and require the voting majority specified
in that Article. |
GATT Library | dk096by6749 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Amendment submitted by the Cuban Delegation. Article 27. Non-discriminatory Administration of Quantitative Restrictions | United Nations Economic and Social Council, August 2, 1947 | United Nations. Economic and Social Council | 02/08/1947 | official documents | E/PC/T/W/259 and E/PC/T/W/236-260 | https://exhibits.stanford.edu/gatt/catalog/dk096by6749 | dk096by6749_90050410.xml | GATT_152 | 182 | 1,371 | UNITED NATIONS NATIONS UNIES RESTRICTED
ECONOMIC CONSEIL E/PC/T/W/259
ECONOMIC CONSEIL 2 August 1947
AND ECONOMIQUE
SOCIAL COUNCIL ET SOCIAL ORIGINAL: ENGLISH
SECOND SESSION OF THE PREPARATORY COMMTTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT.
Amendment submitted by the Cuban Delegation.
ARTICLE 27
Non-discriminatory Administration of quantitative Restrictions
4. With regard to restrictions applied in accordance with
paragraph 2(e) of this Article or under paragraph 2(e) of
Article 25, the selection of a representative period for any
product and the appraisal of any special factors affecting
the trade in the product shall be made initially by the Member
applying the restriction, provided that such Member shall,
upon the request of any other Member having a substantial
interest in supplying that product or upon the request of the
Organization, consult promptly with the other Member or the
Organization regarding the need for an adjustment of the base
period selected or for the re-appraisal of the special factors
involved, or for the elimination of conditions, formalities
or any other provisions established unilaterally upon the
allocation of an adequate quota or ts unrestricted utilization. |
GATT Library | qb865fb4602 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Amendment submitted by the Delegation of Belgium-Luxembourg. Article 34 | United Nations Economic and Social Council, August 8, 1947 | United Nations. Economic and Social Council | 08/08/1947 | official documents | E/PC/T/W/268 and E/PC/T/W/261-306 | https://exhibits.stanford.edu/gatt/catalog/qb865fb4602 | qb865fb4602_90050420.xml | GATT_152 | 190 | 1,310 | UNITED NATIONS NATIONS UNIES
ECONOMIC CONSEIL RESTRICTED
E/PC/T/W/268
AND ECONOMIQUE 8 August 1947
SOCIAL COUNCIL ET SOCIAL ORIGINAL: FRENCH
SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFERNCE ON TRADE AND EMPLOYMENT.
Amendment submitted by the Delegation of
Belgium-Luxembourg.
ARTICLE 34.
It is proposed to substitute for sub-paragraph (b) of
paragraph 1, in the draft submitted by the Legal Drafting
Committee (E/PC/T/155), the following wording :
(b) If a Member has granted a concession on a
preference, and the product to which it applies is
imported into the territory of such Member in the
circumstances described in sub-paragraph (a) of the
present paragraph, in such a way that this import
causes or threatens to cause serious injury to domestic
producers of like or directly competitive products
established on the territory of the Member who benefits
or benefited from such preference, this Member may submit
a request to the importing Member, who shall then be free
to suspend the relevant obligation in whole or in part, or
to withdraw or modify the concession to the extent and for
the time necessary to prevent or repair such injury.
.
. |
GATT Library | wr205vn1358 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Amendment submitted by the Norwegian Delegation. Article 25. 2 (e) | United Nations Economic and Social Council, June 16, 1947 | United Nations. Economic and Social Council | 16/06/1947 | official documents | E/PC/T/W/196 and E/PC/T/W/177-207 | https://exhibits.stanford.edu/gatt/catalog/wr205vn1358 | wr205vn1358_90050340.xml | GATT_152 | 246 | 1,784 | UNITED NATIONS NATIONS UNIES RESTRICTED
ECONOMIC CONSEIL E/PC/T/W/196
16 June 1947
AND ECONOMIQUE Original: ENGLISH
SOCIAL COUNCIL ET SOCIAL
SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT
Amendment submitted by the Norwegian Delegation.
ARTICLE 25. 2 (e).
Article 25. 2 (e) to be amended as follows:
(e) Import restrictions on any agricultural (or
fisheries) product imported in any form necessary to
the enforcement of governmental measures which
operate (i) to regulate the quantities permitted to
be marketed or produced of the like domestic product
or of domestic products wholly or in part produced
by the imported commodity or (ii) to remove a
temporary surplus of the like domestic product by
making the surplus available to certain groups of
domestic consumers free of charge or at prices
below the current market level. Any member imposing
restrictions on the importation of any product
pursuant to this subparagraph shall give public notice
of the total quantity or value of the product permitted
to be Imported during a specified future period and of
any change in such quantity or value. Moreover, any
restrictions applied under (i) above shall not be such
as will reduce the total of imports relative to the
total of domestic production as compared with the
proportion which might reasonably be expected to rule
between the two in the absence of the restrictions.
This rule shall of apply to products used in the
production of domestic agricultural products. In
determining... |
GATT Library | vd307kp6321 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Amendment suggested by the Chilean and Lebanon-Syrian Delegations. Article 14, Paragraph 3 | United Nations Economic and Social Council, May 8, 1947 | United Nations. Economic and Social Council | 08/05/1947 | official documents | E/PC/T/W.27 and E/PC/T/W/23-81 | https://exhibits.stanford.edu/gatt/catalog/vd307kp6321 | vd307kp6321_90050153.xml | GATT_152 | 226 | 1,737 | UNITED NATIONS NATIONS UNIES
RESTRICTED
ECONOMIC CONSEIL E/PC/T/W. 27
May 8, 1947
AND ECONOMIQUE ENGLISH
SOCIAL COUNCIL ET SOCIAL Original French.
SECOND SESSION OF THE PREPARATORY COMMITTEE
OF THE UNITED NATIONS CONFERENCE ON TRADE
AND EMPLOYMENT
Amendment suggested by the Chilean and Lebanon-Syrian
Delegations.
"ARTICLE 14. PARAGRAPH 3
"The provisions of paagraph 1 of the present Article shall
not apply to preferences of adjoining countries .Shose economic
development is either inadequate or backward, and which are, or
will beuome, parties to agreements designed to promote or accelerat,
their economic and industrial development so as to enable their
economies to be mutually complementary, and to ensure the success
of those industrialization processes which are of particular
reciprocal importance to such countries.'
SECONDE SESSION DE LA COMMISSION PREPRATOIRE
DE LA CONFERENCE DU COMERCE ET DE L'EMPLOI
DE L'ORGANISATION DES NATIONS UNIES
Amendement propose par la Délégation chilienne et la Délé-
gation libano-syrienne.
ARTICLE 14, PARAGRAPHE 3
"Les dispositions du paragraphe 1 du present Article ne
s'appliqueront pas aux préférences de pays limitrophes, dont le
développement économique est insuffisant ou retardé et qui sont
ou deviendrent parties à des accords ayant pour objet d'- faciliter
ou d'accélérer leur développement économique et industriel, de
manière à permettre à ces économies d'être complémentaires l'une
de l'autre et à assurer les processus d'industrialisation qui
présentent pour ces peys un intérêt réciproque particulier". |
GATT Library | sx068ht9490 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Amendment to Article 1 proposed by Australian Delegation on 2nd September 1947 | United Nations Economic and Social Council, September 16, 1947 | United Nations. Economic and Social Council | 16/09/1947 | official documents | E/PC/T/W/337 and E/PC/T/W/307-344 | https://exhibits.stanford.edu/gatt/catalog/sx068ht9490 | sx068ht9490_90050491.xml | GATT_152 | 117 | 845 | UNITED NATIONS ECONOMIC NATIONS UNIES CONSEIL RESTRICTED
AND ECONOMIQUE E/PC/T/W/337
16 September 1947
SOCIAL COUNCIL ET SOCIAL ORIGINAL: EGLISH
SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT
AMENDMENT TO ARTICLE 1 PROPOSED BY AUSTRALIAN
DELEGATION ON 2nd SEPTEMBER 1947
1. Delete first five lines of paragraph 2 and substitute
therefore:
"The provisions of paragraph 1 of this Article
shall not affect any preference in respect of
import duties or charges not described in the
schedules to this Agreement, or which do not
exceed the levels provided for in paragraph 3 of this
Article and which fall within the following descrip-
tions:........"
2. Paragraph 3 - delete sub-paragraph (b).
.
. |
GATT Library | jb539pm2778 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Amendment to Article 13A | United Nations Economic and Social Council, August 15, 1947 | United Nations. Economic and Social Council | 15/08/1947 | official documents | E/PC/T/W/302 and E/PC/T/W/261-306 | https://exhibits.stanford.edu/gatt/catalog/jb539pm2778 | jb539pm2778_90050454.xml | GATT_152 | 410 | 2,553 | UNITED NATIONS NATIONS UNIES RESTRICTED
ECONOMIC CONSEIL E/PC/T/W/302
AND ECONOMIQUE 15 August 1947
SOCIAL COUNCIL ET SOCIAL ORIGINAL: ENGLISH
SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT.
AMENDMENT TO ARTICLE 13A
At the meeting of Commission A on Thursday, 14 August,
it was decided that Article 13A should be re-drafted in order
to make provision for countries which may not be signatories
of the General Agreement on Tariffs and Trade or of the draft
Charter on the day when the authentic text is signed at the
World Conference.
The amendments suggested to cover this matter are as
follows, (reference is to E/PC/T/167 - Article 13A), On page
22 delete all words after "Charter" in the eighth line up to
and including the words "purpose of such measure" in the eighth
last line on page 22 and insert in their stead the following
words:-
"Provided that -
(a) any such Member who 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 of
each product on which any such existing measure is to
be maintained and of the nature and purpose of such
measure, and
(b) 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
the other governments signing this Charter on that day, E/PC/T/W/302
page 2
prior to their signature, of each product on which any
such existing measure is to be maintained and of the
nature and purpose of such measure, and
(c) any other such Member shall, prior to the day of
its signature of this Charter, have notified the
existing measures that it wishes to maintain to all
governments which signed the Charter on the day of its
general signature, or if this Charter has already
entered into force, to the Members of the Organization."
NOTE: The general signature referred to in (b) and
(c) above, is the signature contemplated at the conclusion
of the World Conference.
It is desired that any delegation wishing to comment on
this suggested amendment to Article 13A, should notify the
Executive Secretary not later than 4 p.m. on Monday, 18 August.
If any delegation refrains from submitting comment by that time,
it will be assumed that it is in accord with the proposed
amendments. |
GATT Library | cv985kt1355 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Amendment to Article 24 of the Draft Charter proposed by the French Delegation | United Nations Economic and Social Council, May 30, 1947 | United Nations. Economic and Social Council | 30/05/1947 | official documents | E/PC/T/W/142 and E/PC/T/W/125-150 | https://exhibits.stanford.edu/gatt/catalog/cv985kt1355 | cv985kt1355_90050278.xml | GATT_152 | 112 | 816 | UNITED NATIONS NATIONS UNIES RESTRICTED
ECONOMIC CONSEIL E/PC/T/W/142 30 May 1947
AND ECONOMIQUE
SOCIAL COUNCIL ET SOCIAL ORIGINAL: FRENCH
SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT
.
Amendment to Article 24 of the Draft Charter proposed
by the French Delegation
Add to Article 24 a fourth paragraph to read as
follows:
"4. The Organization shall, as soon as possible, fix
the maximum rate of protection, which must not be exceeded
by any Member. This rate may be subject to periodic
revision in order to achieve a progressive reduction in
customs tariffs. Exceptions with regard to certain products
may be agreed to by the Organization." |
GATT Library | dt394dt0853 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Amendment to Article 39, Paragraph 2 Proposed by Chinese Delegation | United Nations Economic and Social Council, May 31, 1947 | United Nations. Economic and Social Council | 31/05/1947 | official documents | E/PC/T/W/151 and E/PC/T/W/151-176 | https://exhibits.stanford.edu/gatt/catalog/dt394dt0853 | dt394dt0853_90050287.xml | GATT_152 | 0 | 0 | |
GATT Library | qz805bj4771 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Amendment to Article 39, Paragraph 2 Proposed by Chinese Delegation | United Nations Economic and Social Council, May 31, 1947 | United Nations. Economic and Social Council | 31/05/1947 | official documents | E/PC/T/W/151 and E/PC/T/W/151-176 | https://exhibits.stanford.edu/gatt/catalog/qz805bj4771 | qz805bj4771_90050287.xml | GATT_152 | 0 | 0 | |
GATT Library | nb678rw8222 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Amendment to Article 39, Paragraph 2 Proposed by Chinese Delegation | United Nations Economic and Social Council, May 31, 1947 | United Nations. Economic and Social Council | 31/05/1947 | official documents | E/PC/T/W/151 and E/PC/T/W/151-176 | https://exhibits.stanford.edu/gatt/catalog/nb678rw8222 | nb678rw8222_90050287.xml | GATT_152 | 191 | 1,388 | UNITED NATIONS NATIONS UNIES RESTRICTED
E/PC/T/W/151 31 May 1947
ECONOMIC CONSEIL ORIGINAL:ENGLISH
AND ECONOMIQUE
SOCIAL COUNCIL ET SOCIAL
SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE
UNlTED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT
Amendment to Article 39, Paragraph 2
Proposed by Chinese Delegation
The above amendment is submitted in place of the
reservations on Paragraph 2, Sub-paragraph (a) of the same
Article, which the Chinese Delegation has made both at the
meetings of the Drafting Committee in New York and at the
earlier session of the present Conference.
Paragraph 2. (Without limiting the generality of paragraph
1 of this Article,) With the exception of certain controls
exercised by public commercial enterprises within any Member
country as authorised by their own Governnent in accordance
with its national economic policy and without prejudice to
its international obligations, the practices listed in
paragraph 3 below shall be subject to investigation in accordance
with the procedure with respect to complaints provided by the
relevant Articles of this Chapter, if the Organization considers
them to have or to be about to have any of the harmful affects
enumerated in paragraph 1 of this Article whenever ........ |
GATT Library | tg238tt6133 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Amendment to Article 39, paragraph 3, sub-paragraph of the New York draft charter presented by the Delegation of the Netherlands | United Nations Economic and Social Council, May 30, 1947 | United Nations. Economic and Social Council | 30/05/1947 | official documents | E/PC/T/W/138 and E/PC/T/W/125-150 | https://exhibits.stanford.edu/gatt/catalog/tg238tt6133 | tg238tt6133_90050274.xml | GATT_152 | 1,005 | 6,465 | UNITED NATIONS NATIONS UNIES ECONOMIC CONSEIL E/PC/T/W/138 RESTRICTED
AND ECONOMIQUE 30 May 1947
SOCIAL COUNCIL ET SOCIAL
SECOND SESSION OF THE PREPARATORY COMMlTTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT
Amendment to Article 39, paragraph 3, sub-paragraph f of the
New York draft charter presented by the Delegation of the
Netherlands
1. There exists a serious objection against art 39, par.3,
sub.f., which may be the result of the fact that the pro-
posed wording does not correctly reflect the intentions of
the authors.
As conpared with the wording of the sub-paragraphs
a till e, the wording of sub-paragraph f is very broad
and comprises consequently a prohibition of practices
which the proponents themselves would certainly consider
as entirely harmless in licensing agreements.
Besides, there exists in the various countries a
great difference of legal opinion concerning what is, or
is not, "properly within the scope" of a right to a patent
or a trade mark, and still more so concerning what forms
"the immediate subject of the authorized grant". The
decision on such questions cannot be safely entrusted to
an international committee of non-experts.
As an instance of thc difficulty of this kind of
questions reference may be made to the attached extract
from a recent decision of the Supreme Court of the U.S.A.,
in the case of Transparent-Wrap Machine Corp. versus Stokes
& Smith Co., of February 3, 1947 (72 USPQ page 148)
(Note 1).
2. It seems evident that the intention of the above--mentioned
paragraph is to prohibit the so-called. "tying clauses"
in licensing-contracts. With such clauses the patent-
holder obliges his licence-holder to make use of certain
non-patented primary commodities or spare parts when
applying the patented invention or engine. E.g. the
licensee is obliged to obtain such commodities or spare
parts from a specific supplier.
In such a way the patent, which has been granted by
the Government is made use of for purposes which have no
connection with the invention for which the Government
has given its protection. This is considered an abuse of
that protection to the disadvantage of the trade and the
public. E/PC/T/W/138
Page 2.
In the U.S.A. it is Section 3 of the Clayton Act of
1924 which declares such restrictive conditions illegal and
the Supreme Court has continuously become more rigorous in
the application of the act since the first decision in
the case of the United Shoe Machinery Company.
3. However the wording of the Litt.f. comprises also stipula-
tions of a harmless character which often occur in licens-
ing agreements and concern the granting of technical
assistance ("know-how"). It in entirely admissable to
attach certain conditions to such assistance. It is
besides customary in such contracts to imply a licensing
agreement in the inverse sense, viz. from the licensce to
the licenser, and oven to stipulate the session by the
licensce to the licensor of patent rights on inventions
which the license may have found in applying the funda-
mental convention of the licensor.
If such stipulations were to be declared inadmissible,
this would have a very untoward influence in the inter-
change of technical progress between big enterprises which
can afford extensive research and smaller enterprises
which cannot. Such prohibitions would faster monopoly.
For these reasons the first part of this paragraph
seems to require a modification.
4. The second part concerns the extent of the protection given
to a granted right of patent or of trade mark in other
words the question whether these rights should be inter-
preted in a more extensive or in a restricted way. About
this matter there exist widely diverging views between the
various countries.
As more or less opposite views one may compare the
American rule "that what is not claimed is disclaimed"
(which may still be interpreted in several ways), with the
French system which does not prescribe any specific con-
clusion or claim for a patent application ("although such
applications ,sometimes are summed up in a not legally
necessary "resume"; but never in a "revendication").
Between those two stands the Netherlands Jurisprudence
which for the interpretation emphasizes the invention-
factor.
A related question is that of the so-called "contrib-
utory infringement" of potent rights. This concerns the
providing of means or instruments, necessary to or opt
for the application of production of a patented invention
or product, whilst those means or instruments themselves
are not an object of the patent. Netherlands, and other,
jurisprudence consider this inadmissible if the supplier
knows or ought to know that the buyer will therewith commit
an infringement of a patent. But in the U.S.A. there
exist a tendency to limit the inadmissibility of "contrib-
utory infringement", which tendency is therefore to the
disadvantage of the patent-holder. E/PC/T/W/138
Page 3.
In the trend of thought that "contributory infringe-
ment" should be prohibited, the second part or the paragraph
f. should not be maintained.
At first view this might seem not easily acceptable
to countries where contributory infringement is considered
with a more lenient eye. However it should be taken into
account that when this second part would be omitted, the
law-courts of those countries would still be in a position
to allow any such supply in as far as considered justified.
Conversely, to countries who do take a more severe
standpoint, the second part of the paragraph is in direct
conflict with their legal practice.
It would probably be an acceptable middle way, if the
word "immediate" would be deleted.
This -ould afford sufficient liberty for thc zritlica-
tion of the jurispruclInce mhich is presently being adhorod
to in the difforcnt countries.
Conclusion: Amond nrt.39, par.3, subpar.f. as follow's:
(first pztrt) "attrtching, to the c:,xorciso of rights under
patients trad.- marks or copy rights, con-
ditions -hich unduly restrict thn use or
matters not covered by such pmtonts, trac".e
marks or copy rit-hts"
(second rn.rt) d.eleto, or to rend as follows:
"or extonding tho use of thens rights to
products or conditions of production, use
or sale -hich arc not subjects of the
authorized grant" |
GATT Library | bw267hz7778 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Amendment to Article 41 proposed by the Norwegaian Delegation | United Nations Economic and Social Council, June 2, 1947 | United Nations. Economic and Social Council | 02/06/1947 | official documents | E/PC/T/W/155 and E/PC/T/W/151-176 | https://exhibits.stanford.edu/gatt/catalog/bw267hz7778 | bw267hz7778_90050291.xml | GATT_152 | 179 | 1,232 | UNITED NATIONS NATIONS UNIES RESTRICTED
E/PC/T/ W/155 2 June 1947
ECONOMIC CONSEIL E/PC/T/W/155
AND ECONOMIQUE ORIGINAL:ENGLISH
SOCIAL COUNCIL ET SOCIAL
SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT.
Amendment to article 41 proposed by the
Norwegaian Delegation.
1. In paragraph 1, subparagraph (a) should be inserted a
new (i.) with following text:
"(i) trusts and combinations which substantially
control or influence international trade."
2. To paragraph 1 should also be added following new
subparagraph (c):
"(c) from time to time publish the results of the
studies."
R e m a r k s :
The main object for the studies that the ITO may
conduct should be in the first place the existence, the
organization and the activities of the big international
trusts and cartels. It is not sufficient that ITO con-
centrate on the studies mentioned in (i) and (ii) in
article 41 paragraph 1 subparegraph (a) in the New York
draft. To give the studies the intended effect the
results of them should also be published from time to
time. |
GATT Library | jn862rn4042 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Amendment to Chapter 1. Purposes proposed by the South African Delegation. Article 1. General purposes | United Nations Economic and Social Council, July 4, 1947 | United Nations. Economic and Social Council | 04/07/1947 | official documents | E/PC/T/W/234 and E/PC/T/W/220-235 | https://exhibits.stanford.edu/gatt/catalog/jn862rn4042 | jn862rn4042_90050382.xml | GATT_152 | 399 | 2,754 | UNITED NATIONS
ECONOMIC
AND
SOCIAL COUNCIL
SECOND SESSION
UNITED NATIONS
NATIONS UNIES
RESTRICTED
CONSEIL E/PC/T/W/234
ECONOMIQUE 4 July 1947
ET SOCIAL
ORIGINAL : ENGLISH
ON OF THE PREPARATORY COMMITTEE OF THE
CONFERENCE ON TRADE AND EMPLOYMENT
AMENDMENT TO
CHAPTER 1. PURPOSES
PROPOSED BY THE
SOUTH AFRICAN DELEGATION.
ARTICLE 1
GENERAL PURPOSES.
RECOGNIZING that in the pursuit of world peace the
United Nations are determined to promote economic and social
progress, and
BEING DETERMINED in the field of trade, industry and
.
.
.
.
.
.
.
.
.
.
.
.
social advancement to realize the objectives, set out in the
Charter of the United Nations,
THE STATES party to the present Charter hereby
establish an
INTERNATIONAL TRADE ORGANIZATION
For The Purpose of
Resolving economic and social problema by
co-operation and
Attaining higher standards of living, full
employment and conditions conducive to economic and social
progress and development, and,
To This End, of
Promoting national and international action,
designed
1. to encourage and maintain in all countries higher and
steadily expanding levels of production, exchange and
P.T.O.
.
.
.
.
.
.
.
.
.
.
.
. E/PC/T/W/234 page 2
consumption of goods, as well as of effective demand
and real income;
2. to foster and ensure the development and economic use
of the resources of the world,
3. to reduce tariffs and other barriers to trade and to
eliminate all forms of discriminatory treatment in
international commerce;
4. to obviate excessive fluctuations in world trade, thus
contributing towards an expanding and balanced world
economy;
5. to further the enjoyment, on equal terms by all Member
Countries, of access to the markets of the world and to
the products and productive facilities which are needed
for their economic development and prosperity;
6. to encourage and assist in the industriel and general
economie development of one another, particularly of
those Member Countries who still are in the early stages
of industrial development;
7. to encourage amongst Member Countries a fuller understand-
ing of one another's problems and thus to facilitate,
through consultation and co-operation, the solution of
problems in the field of international trade, employment
and economic development, and, finally,
8. to enable Member Countries, by the increasing opportunities
offered to their trade and economic development on a
mutually advantageous basis, to abstain from measures
which would disrupt world trade, reduce productive
employment and retard economic progress. |
GATT Library | tv411hf2051 | Second Session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Amendment to Parrgeaph 6(a) of Article II of General AgeeemÈNt Proposed by Australian Delegation | United Nations Economic and Social Council, October 9, 1947 | United Nations. Economic and Social Council | 09/10/1947 | official documents | E/PC/T/238 and E/PC/T/228-267 | https://exhibits.stanford.edu/gatt/catalog/tv411hf2051 | tv411hf2051_92290303.xml | GATT_152 | 396 | 2,706 | UNITED NATIONS NATIONS UNIES RESTRICTED E/PC/T/238
ECONOMIC CONSEIL 9 October 1947
AND ECONOMIQUE ORIGINAL: ENGLISH
SOCIAL COUNCIL ET SOCIAL
SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT -
AMENDMENT TO PARRGEAPH 6(aOF ,P ARTICLE Il
Or GENERAL AGEEEMÈNT PROPED rr BAU4TRT1AAI.N
DELEGATION
The Tariff Negotiations Working Party has considered the
following note submitted by the Australian Delegation, and
recommends acceptance of the proposed amendment tp ragazparh
6(a) of Article Il of the General Agreement (E PC T 214, ddî.
b. Rev. 1.) Unless any objection is lodgediwdth the Secretariat
before noon on October 16, this amendment will be taken as
adopted.
Notb hy Austril`an Delegation
In order that the effectiveness of a margin op nreference
expressed in specific duties or charges which is bound by the
Agreement mayebc maintained in the event of an adjustment of
such specific duties or charges being authorised in terms of
paragraph 6 of ArticleIIX,t is 4 considered advisable that
specific reference to such margins of preference shouldebh made
in Article Il. It is accordingly proposed that the words
"nd margins of preference in specific duties and charges main-
tained by such contracting parties" should be nrserted afe"r
the word "Fund" in the thir : lineoOfpnaagrapnh 6 (a) adr teo
words "and margin of preference" eh adied after the wor " charges"
in the ninth line of the paragraph.
Paragraph 6(a) would then read as follows
"6(a) The pDeiïfic duties and carge i-ncIued ain
the Sohedules relating to contracting partiesmfebrens
of the InternatocnalMbonetary Fund, and mageis of pre-
ference in specific duties and charges maintained by such
contracting parties, are expressed in the appropriate
currency at the par value accepted or provisionally
P.T.O.
^ ` tr8 E/PC/T/238
page 2.
recognised by the Fund at the date of this Agreement.
Accordingly, in case this par value is reduced con-
sistently with the Articles of Agreement of the~
International Monetary Fund by more tanï twentypier-
centum, such specific duties and chrg;esan .argi1ns
of peoference may be adjusted to aRke account of such
reduction; Provided h1at the CONRA.CITN -AaRTIE -(ie.-
the contractingpDarties actnrg jointl r aspDrvtieeè "oôr
in Article XXV) concur that such d;justmentswdlT nlot
impair the value of th -concesâiosàpnoôvie dfr i
the appropriate Schedulceor àeselhere- i tris MAgeement,
due account beïig taken of ail factors whch m
influence the need for, or urgency jf,osuch aL.djtmnnte." |
GATT Library | ph085sz6811 | Second Session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Amendment to Rules of Procedure. Note by the Executive Secretary | United Nations Economic and Social Council, April 21, 1947 | United Nations. Economic and Social Council | 21/04/1947 | official documents | E/PC/T/49 and E/PC/T/44-66 | https://exhibits.stanford.edu/gatt/catalog/ph085sz6811 | ph085sz6811_92290056.xml | GATT_152 | 234 | 1,559 | ECONOMIC
AND
SOCIAL COUNCIL
CONSEIL
ECONOMIQUE
ET SOCAL
UNRESTRICTED
E/PC /T/49
21 April 1947
SECOND SESSION OF THE PREPARATORY COMMITEE
OF THE UNITED NATIONS CONFERENCENRENICE
ON TRADMP ANMED EiLOYNT
AMINDMRNT TO PULES OF POCEDURE
NOHE EXECUTIVE :CtTTIV RSECRETAY
In accordance with policies recently established by
the Secretary-General, it is no longer possible for the
Secretariat to provide verbatim reporms of gneetincs other
than meetings ofethe tory ra1,<-. itself. It is
theregore sucgested that Ruleu43 shoimendedaer.d^d to
read as follows
"nerbatim records mf theg reetins of the Preparatory
eerrLmitt shall be kept by theaSecret2riat. One copy of
the record omeetingrni hal-' sii l be sens as soon as possible
topall reDresentatives. "
EE7XI:EI SESSION OE LA CPMMPREPARATOIR?3ATDIRE
DNFERENCE DUC:COMMERCE ET DE L'EMPLOI'Z'2LI
DR AN'OATIGESDES NATIONS UNIESS :
ENT AU REGLEMENT INTERIEURrT I::
N SECRETAIRE EXECUTIFXSCUIF
monforcent aux disoositrçns p ises récepment car
le SdcréGeaire Cneral, letaecrç'>rise ae -eri. plus en
uisure de fournir des cormrendus -..ieu in oxtersa de réunions
autres que celles demmission Preparatoire elELireemle-m.re.
C'est pourquoi il est prqpo él.ur~ cla.tiL-oi4' sJ;t arnendé
co r.r. suit
"Les compndus en1ixterso .- exides séancs de la
'o.iission préparatoire ennt terus p;_ letSecrézariat.
mp exer.lairemduecrendo de cheul anaque :sance eSt
onvoyé des que possibL -J c r -- - :êse n ta t s.
.%. i ï i LA À JE S
1 1 1
.N i " E.r) ,?. i ;, 1 0 ?\ j |
GATT Library | jy133kk0065 | Second Session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Amendment to Verbatim Record of 20th Meeting of Tariff Agreement Committee | United Nations Economic and Social Council, September 19, 1947 | United Nations. Economic and Social Council | 19/09/1947 | official documents | E/PC/T/TAC/PV/20.Corr3 and E/PC/T/TAC/PV/19-21 | https://exhibits.stanford.edu/gatt/catalog/jy133kk0065 | jy133kk0065_90260074.xml | GATT_152 | 109 | 710 | UNITED NATIONS
RESTRICTED
ECONOMIC
AND
SOCIAL COUNCIL
CONSEIL
ECONOMIQU E
ET SOCIAL
E/PC/T/TAC/PV/20.Corr3.
19 September 1947
ENGLISH ONLY
SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT.
AMENDMENT TO VERBATIM RECORD OF 20TH MEETING OF
TARIFF AGREEMENT COMMITTEE
The following amendments should be made to the statement
of Mr. J.P.D. Johnsen as recorded at the top of page 15 of
document E/PC/T/TAC/PV/20 of 15th September, 1947:;
Line The word "no" should be replaced by "a".
Line 8 The words "It is" should be replaced by the word
"unless" and the words "it is" should be inserted
after the word "therefore".
NA.TIONS UNI ES |
GATT Library | dp158hp1495 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Amendments Proposed by the Indian Delegation | United Nations Economic and Social Council, May 7, 1947 | United Nations. Economic and Social Council | 07/05/1947 | official documents | E/PC/T/W/25 and E/PC/T/W/23-81 | https://exhibits.stanford.edu/gatt/catalog/dp158hp1495 | dp158hp1495_90050151.xml | GATT_152 | 0 | 0 | |
GATT Library | zg671ng3185 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Amendments Proposed by the Indian Delegation | United Nations Economic and Social Council, May 7, 1947 | United Nations. Economic and Social Council | 07/05/1947 | official documents | E/PC/T/W/25 and E/PC/T/W/23-81 | https://exhibits.stanford.edu/gatt/catalog/zg671ng3185 | zg671ng3185_90050151.xml | GATT_152 | 265 | 1,812 | UNITED NATIONS NATIONS UNIES
RESTRICTED
ECONOMIC CONSEIL E/PC/T/ .25 May 7, 1947
AND ECONOMIQUE
SOCIAL COUNCIL ET SOCIAL
SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT.
AMENDMENTS PROPOSED BY THE INDIAN
DELEGATION
The following amendments to Jrticle 15 are proposed by the Indian
Delegation:
Paragraph 3
Substitute the following for the passage beginning with "The
provisions of this paragraph² and ending with underr Article 24":
"4 (a). Notwithstanding, the provisions ot paragraph 3,
any Member shall be free to institute or maintain internal
requirements restricting the amount or proportion of an
imported product permitted to be mixed, processed or used;
Provided, that no such requirements shall be applied to any
imported product in respect of which the Importing Member
has assumed an obligation through negotiations with any
other Member or Mombers pursuant to any of the provisions of
this Chapter;
Provided further that in the caso of any such requirement in
force on the day of the signature of this Charter, Members
shall give effect to the preceding proviso at the earliest
practicable date but in any event not lator then one year
from the day on which this Charter comes into force.
"(b) Requirements permitted to be maintained under
sub-paragraph (a) shall be subject to negotiation in the
manner provided for in respect of tariffs and preferences
under Article 24."
paragraph 5
Substitute the following:
"5. The restrictions imposed by this Article shall not
apply to the procurement by governmental agencies of
products purchased for govornmental purposes or for use
in the production of goods for sele." |
GATT Library | qd726ny4460 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Amendments Proposed by the Indian Delegation | United Nations Economic and Social Council, May 7, 1947 | United Nations. Economic and Social Council | 07/05/1947 | official documents | E/PC/T/W/25 and E/PC/T/W/23-81 | https://exhibits.stanford.edu/gatt/catalog/qd726ny4460 | qd726ny4460_90050151.xml | GATT_152 | 0 | 0 | |
GATT Library | kz453cw8594 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Amendments proposed by the Indian Delegation to Chapter VII. (with consequential amendments to Chapter V) | United Nations Economic and Social Council, May 31, 1947 | United Nations. Economic and Social Council | 31/05/1947 | official documents | E/PC/T/W/145 and E/PC/T/W/125-150 | https://exhibits.stanford.edu/gatt/catalog/kz453cw8594 | kz453cw8594_90050281.xml | GATT_152 | 150 | 1,131 | UNITED NATIONS NATIONS UNIES RESTRICTED
ECONOMIC CONSEIL E/PG/T/W/145
AND ECONOMIQUE 31 May 1947 ORIGINAL: ENGLISH
SOCIAL COUNCIL ET SOCIAL
SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPOLYMENT.
AMENDMENTS PROPOSED BY THE INDIAN DELEGATION TO
CHATER VII
(with consequential amendments to Chapter V)
___________
CHAPTTR VII
Article 50, paragraph 1 - Delete the words "such as
the Food and Agriculture Organization"
Article 59 - Add the following paragraph;
" (d) to intergovernmental commodity arrangements
relating to basic foods or feeds concluded
under the sponsorship of the Food and Agri-
culture Organization. "
CHAPTER V
Article 37, add the following exception:
"(1) Undertaken in pursuance of obligations under
intergovernmental commodity arrangements con-
cluded in accordance with the provisions of
Chapter VII or under the sponsorship of the
Food and Agriculture Organization .
This involves deletion of sub-paragraph (d) of
paragraph 2 of Article 25.
. |
GATT Library | bb023ts9016 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Amendments proposed by the Indian Delegation to Part III of the Draft General Agreement on Tariffs and Trade (E/PC/T/135 of 24th July 1947). Amendments | United Nations Economic and Social Council, August 11, 1947 | United Nations. Economic and Social Council | 11/08/1947 | official documents | E/PC/T/W/278 and E/PC/T/W/261-306 | https://exhibits.stanford.edu/gatt/catalog/bb023ts9016 | bb023ts9016_90050430.xml | GATT_152 | 144 | 992 | UNITED NATIONS
ECONOMIC
AND
SOCIAL COUNCIL
NATIONS UNIES
CONSEIL
ECONOMIQUE
ET SOCIAL
RESTRICTED
E/PC/T/W/278
11 August 1947
ORIGINAL: ENGLISH
SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT.
Amendments proposed by the Indian Delegation to
Part III of the Draft General Agreement on
Tariffs and Trade
(E/PC/T/135 of 24th July 1947)
Article XXVI
Paragrph 1
Substitute the words "the majority" for the word
"two-thirds".
Paragraph 2
Delete the second sentence
DEUXIEME SESSION DE LA. COMMISSION PREPARATOIRE DE LA
CONFERENCE DU COMMERCE DE L'EMPLOI DE L'ORGANISATION
Amendements proposés par la délégation de l'Inde à la
IIIe Partie du Projet l'Accord Général sur les Tariffs
douaniers et le Commerce
(Document E/PC/T/135 du 24 juillet 1947)
Article XXVII
Paragraphe 1
Remplacer les mots "les deux tiers... en décident" par
les mots "la majorité.. an decide".
Paragraphe 3
Supprimer la douxièm phrase. |
GATT Library | ds297nj8742 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Amendments proposed by the Norwegian Delegation on Article 39 | United Nations Economic and Social Council, June 5, 1947 | United Nations. Economic and Social Council | 05/06/1947 | official documents | E/PC/T/W/160 and E/PC/T/W/151-176 | https://exhibits.stanford.edu/gatt/catalog/ds297nj8742 | ds297nj8742_90050297.xml | GATT_152 | 811 | 5,381 | UNITED NATIONS NATIONS UNIES
ECONOMIC CONSEIL RESTRICTED
AND ECONOMIQUE E/PC/T/W/160
SOCIAL COUNCIL ET SOCIAL ORIGINAL: ENGLISH
SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT.
Amendments proposed by the Norwegian Delegation
on Article 39.
The following text to replace the text adopted by
the Interim Drafting Committee:
1. Members shall take appropriate measures, individually
or through the Organization or in both ways, to prevent
business practices affecting international trade which
restrain competition, limit access to markets or foster
monopolistic control whenever
(a) such practices are engaged in or made effective by one
or more public or private commercial enterprises or by a
combination, agreement or other arrangement between commercial
enterprises, whether between private commercial enterprises,
between public commercial enterprises (i.e. trading agencies
of governments or enterprises in which there is effective
public control), or between private and public commercial
enterprises, when such commercial enterprises, individually
or collectively, possess effective control of trade among a
number of countries in one or more products, and
(b) the practices have harmful effects on the expansion of
production and trade and the maintenance in all countries of
high levels of real income or impair any of the purposes of
the organization as set forth in Article 1.
2. Without limiting the generality of paragraph 1 of this
Article the practices listed in paragraph 3 below shall be
subject to investigation in accordance with the procedure
with respects to complaints by the relevant Articles of this
Chapter, if the Organization considers them to have or to be
about to have any of the harmful affects enumerated in
paragraph 1 of this Article.
3. The practices referred to in paragraph 2 of this article
are as follows:
(a) Fixing prices or terms or conditions to be observed in
dealing with others in the purchase, sale or lease of any
product.
(b) Excluding enterprises from any territorial market or
field of business activity, allocating or dividing any
territorial market or field of business activity, allocating
customers, or fixing sale or purchase quotas;
P.T.O. E/PC/T/W/160
page 2
(c) Discriminating againt particular enterprisies whether by
boycott or otherwise;
(d) Limiting production or fixing production quotas;
(a) Suppressing the application or development of technology
or invention, whether patented or unpatented;
(f) Extending the use of rights under patents, to do marks
or copyrights to matters not properly within the scope of the
authorized grant, or to products or conditions of production,
use or sale which are not the immediate subjects of the autho-
rized grant.
Remarks:
The Norwegian Delegation of the opinion, that
Article 39 of the Draft Chart in part goes too for.
Paragraphs 2 and 3 refer to the categories of business prac-
tices, which shall be subject to the Organization's investi-
gation, and it is made a condition that such practices are
engaged in or made effect among a number of countries in
one or more products. This latter provision is not, however,
included in paragraph 1 of Article 39. Paragraph 1 covers all
kinds of business practices which directly or indirectly affect
international trade, even if this respect they are of no
importance worth mentioning.
It is considired that the international control of trusts
and cartels, which is to be established through the Charter,
should be limited to trusts and cartels of real international
importance; that is to say to such enterprises and combinations
etc. which are described in paragraph 2 of Article 39. It
should be up to the member countries to take the steps they
deem expedient to control trusts and cartels which are mainly
of national importance. Trusts and cartels are subject to a
rather differing judgement in the various countries, and it will
hardly be possible, at this stage to any case, to come to an
agreement between all member countries as to what policy should
be pursued in regard to trusts and cartels exclusivekly or main-
ly of national importance.
The Charter ought to provide for control of these combina-
tions, cartels etc. which are of real importance to interna-
tional trade. In practice mean that one should sim
at controlling the practices of such commercial enterprises as
possess effective control of trade among a number of countries
in one or more products. This would also have advantages
from a mere practical point of view as the organization would
really not be able to cope with investigations concerning all
the commercial enterprises which could,theoretically, be said
to influence international trade.
The amendments above were written before the amendments
proposed by the Canadian delegation appeared.
As stated under discussion in Commission B the Norwegian
Delegation are of the opinion that the Canadian amendments give
Article 39 a better form. However, in case the Canadian amendments
should be altered or not adopted by the Commission the Norwegian
Delegation put forth its own amendment for consulttion by the
subcommittee. |
GATT Library | sj509kf6903 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Amendments relative to Article 13 of the New York Draft Chertar presented by the Netherlands Delegation | United Nations Economic and Social Council, May 23, 1947 | United Nations. Economic and Social Council | 23/05/1947 | official documents | E/FC/T/W/121 and E/PC/T/W/82-124 | https://exhibits.stanford.edu/gatt/catalog/sj509kf6903 | sj509kf6903_90050254.xml | GATT_152 | 241 | 1,575 | UNITED NATIONS
ECONOMIC
AND
SOCIAL COUNCIL
NATIONS UNIES CONSEIL
ECONOMIQUE
ET SOCIAL
RESTRICTED
E/FC/T/W/121
23 May 1947.
SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT.
Amendments relative to Article 13 of the New York
Draft Chertar presented by the Netherlands Delegation.
It is suggested that Article 13 be amended as
follows:
Paragraph 1:
Paragraph 2:
No changes.
Add to this paragraph a new sub-paragraph:
(d) It is understood that among the limitations
to be imposed by the Organisation under
sub-paragraphs (b) and (c), will be a
specific period of time during which the
measure in question is admitted. Such
period of time can be extended by the
Organization .
Paragraph 3 ( new):
If a Member, in the interest of its programme
of economic development, considers it
desirable to adopt a quantitative restriction,
it shall transmit to the Organization as
far in advance of the initiation of the
restriction as may be practicable a writton
statement of the considerations in support
of the adoption of the restriction. Tho
Organization thereupon will, after
consultation with the applicant member
and any other members concerned, determine
a time limit prior to which the restriction
should be revoked. Such time limit cen be
extended by the Organization .
COMMENTS:
The addition of the new paragraph 3 is conditional
upon an amendment of Article 25, permitting the establishment of
quantitative restrictions for economic development purposes.
Geneva, May 23rd, 1947. |
GATT Library | ht633ph6902 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Amendments to Article 42 of the New York Draft Charter presented by the Delegation of the Netherlands | United Nations Economic and Social Council, May 30, 1947 | United Nations. Economic and Social Council | 30/05/1947 | official documents | E/PC/T/W/139 and E/PC/T/W/125-150 | https://exhibits.stanford.edu/gatt/catalog/ht633ph6902 | ht633ph6902_90050275.xml | GATT_152 | 271 | 1,880 | UNITED NATIONS NATIONS UNIES RESTRICTED
E/PC/T/W/139
ECONOMIC CONSEIL 30 May 1947
AND ECONOMIQUE
SOCIAL COUNCIL ET SOCIAL
SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT
Amendments to Article 42 of the New York draft charter
presented by the delegation of the Netherlands.
Article 42, paragraph 1, letter b.
The de1egation prefers the London text, according to
which each member "in considering the initiation of action
in accordance with its system of law and economic or ganiza-
tion" shall "take the fullest account of the Organization's
findings, requests and recommendations".
The words in square brackets at the end of paragraph 1
("or to be about to have") should be deleted.
Article 42, pa ragraph 2, subparagraph (c) (ii).
The words``which is not essential to the Organization
in undertaking an adequate investigation and" should be
deleted.
DEUXIEME SESSION DE LA COMMISSI0N PREPARATOIRE
DE LA CONFERENCE DU COMMERCE ET DE L'EMPLOI
DE L'ORGANISATION DES NATIONS UNIES
Amendements a l'article 42 du Projet de Charte de New-York
prTsentTs par la dTlTga:tion eos alys-Bas.
Article 4, paragraphe3 1,l ettre .b
La délégation pTrFfre le texts deL ondres, suivant
lequel chaqueEt at membre "en evisgaaont l 'adoption de
mesures conformes à sa Tlgislation et à son organisation
économciue" evrad "tenir compte, adnsla plus large mesure,
des conclusions, des demandes ou eds ercomamnadtions de
'1Oragnisation" .
Les mots entre crochetsá laß fin du paragraphe 1 ("ou
sont sureel point de produire") devraientO tre supprimés.
Article 42, paragrapheP ,2 a linaé {c) (ii).
Les mots "qui ne sont pas indispensables à celle-ci
pour entreprendre une enuOdte approprieE et" devairent être
suppriT¯ s. |
GATT Library | vn297tq6990 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Amendments to Articles 14, 15 and 24 of the Draft Charter proposed by the Cuban Delegation | United Nations Economic and Social Council, May 31, 1947 | United Nations. Economic and Social Council | 31/05/1947 | official documents | E/PC/T/W/149 and E/PC/T/W/125-150 | https://exhibits.stanford.edu/gatt/catalog/vn297tq6990 | vn297tq6990_90050285.xml | GATT_152 | 186 | 1,262 | UNITED NATIONS NATIONS UNIES RESTRICTED
ECONOMIC CONSEIL E/PC/T/W/149 31May 1947 ORIGINAL: ENGLISH
AND ECONOMIQUE
SOCIAL COUNCIL ET SOCIAL
SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT.
Amendments to Articles 14, 15 and 24 of the Draft
Charter proposed by the Cuban Delegation.
The Cuban Delegation draws attention to the amend-
ments it has already presented to Article 15 (E/PC/T/129),
and reserves its right to present amendments to Articles
14 and 24 of the Draft Charter, at the moment Commission A
begins the discussion of these Articles, or before that
date.
DEUXIEME SESSION DE LA COMMISSION PREPARATOIRE
DE LA CONFERENCE DU COMMERCE ET DE L'EMPLOI
DE L'ORGANISATION DES NATIONS UNIES
Amendements aux articles 14, 15 et 24 du projet de Charte
proposés par la Délégation de Cuba.
La Délégation de Cuba attire l'attention sur les
amendements à l'article 15 qu'elle a déjà presents
(E/PC/T/E/29) et se réserve le droit de présenter des
amendements aux articles 14 et 24 du projet de Charte,
au moment où la Commission A commencers la discussion
de ces articles, ou avant cette date.
.
. |
GATT Library | hx935wd5465 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Amendments to Articles 15, 25 and 30 submitted by the Cuban Delegation | United Nations Economic and Social Council, August 11, 1947 | United Nations. Economic and Social Council | 11/08/1947 | official documents | E/PC/T/W/280 and E/PC/T/W/261-306 | https://exhibits.stanford.edu/gatt/catalog/hx935wd5465 | hx935wd5465_90050432.xml | GATT_152 | 1,892 | 12,455 | RESTRICTED UNITED NATIONS NATIONS UNIES
ECONOMIC CONSEIL E/PC/T/W/280
AND ECONOMIQUE 11 August, 1947
SOCIAL COUNCIL ET SOCIAL ORIGINAL: ENGLISH
SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONTS CONFERENCE ON TRADE AND EMPLOYMENT.
AMENDMENTS TO ARTICLES 15, 25 AND 30
SUBMITTED BY THE CUBAN DELEGATION.
The Cuban Delegation considered from the beginning that
the provisions of the New York Draft Charter on the national
treatment on internal taxation (Art.15), quantitative
restrictions (Art.25) and subsidies (Art.30), would practically
freeze the economic development of its country, and presented
therefore amendments to those articles along the lines
suggested in Doeuments E/PC/T/W/29, E/PC/T/W/194 and E/PC/T/W/186.
AMENDMENT TO ARTICLE 15.
In relation to Article 15, the Cuban Delegation presented
an amendment (E/PC/T/W/29) directed to delete paragraph 1 of
Article 15 of the New York Draft Charter, that prohibited the
use of internal taxes or other internal charges to afford
protection directly or indirectly for any national product.
It appears that the Sub-Committee on Articles 14-15 and
24 has accepted the deletion of said paragraphs but in the mean-
time other countries have presented amendments to paragraph 2
of Article 15 that impair the effect of the above-mentioned
deletion, enforcing the principle of equality of taxation
between the national product and the imported foreign goods,
The Cuban Delegation is not against this principle. It
is strongly against the possibility of imposing higher internal
taxes on foreign imported goods, as a means of countervailing
tariff reductions; but it cannot accept that, in countries
where direct subsidies cannot be used, the principle of equal
ITED NATIONS
TIONS UNIES E/PC/T/W/280
page 2.
taxation be interpreted to the extent of impeding a country
from using indirect subsidy, by way of exempting or reducing
the national product of certain internal taxes or charges.
The acceptance of direct subsidization by Article 30 and the
denial of indirect subsidization by Article 15 would unbalance
the Charter to a very dangerous degree, and place the under-
developed countries in a very embarrassing position.
The Cuban Delegation considers it necessary to introduce
a sub-paragraph to the new paragraph 1 of Article 15 along
the following lines:
"The provisions of paragraph 1 of this Article shall
not be construed to prevent a Member, whose
resources are as yet relatively undeveloped, from
exempting or reducing the internal taxes or other
internaI charges on national products, when it is
considered necessary in order to maintain, foster
or reconstruct the domestic production, or to
enable producers to meet labour requirements). "
This argument verbally presented to Sub-Committee on
Chapter IV, has not encountered support on the text agreed
upon, and as we do not know yet the conclusions of Sub-
Committec on Articles 14, 15 and 24, the Cuban Delegation
respectfully requests that this amendment to Article 15 be
passed to its appropriate and original Sub-Committee.
AMENDMENT TO ARTICLE 25
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 attention
of the Sub-Committee dealing with Chapter IV".
In relation with this matter, the Cuban Delegation had
previously presented the following amendment to Article 25
(Document E/PC/T/W/194): E/PC/T/W/280
page 3.
"Insert in paragraph 2, a new sub-paragraph (f) reading
as follows:
"(f) Import restrictions on any product in which ,
Member considers domestic production essential to the
economic development of its countrv. either in the
agricultural or in the industrial sphere, in case the
subsidization of this production has proved or is likely
to prove inoperative. The Member shall eliminate the
restrictions which after an adequate peroid which
regularly shall not exceed three years, the conditions
oi the agricultural or industrial Production to be
developed prove that it is not capable of maintaining
itself without further r protection during an unlimited
period of time.
"If in the opinion of tho Organization the measures
adopted by a Member under this sub-paragraph are likely
to have an extraordinary and unduly restrictive effect
on international trade, the Organization may request
that the Member consult with other interested Members
with a view toward effecting a satisfactory adjustment
of the matter.
"If no such adjustment can be affected, the Organiza-
tion shall, after investigation, and if necessary after
consultation with the Econonic and Social Council of the
United Nations and any competent inter- governmental
organization, make appropriate recommendations to the
Members concerned. Paragraph 2 of Article 35 shall be
applied correspondingly."
This amendment was intended to secure the under-developed
countries the indispensable means for fostering their economic
development using quantitative restrictions; to protect or
maintain their infant industries, giving at the same time
clear and sufficient guarantees that those measures could not
be misused.
The amendment is in full accord with the main purposes of
the Charter to expand world's trade by increasing worlds
production and consumption. Its leading idea could be, as
econoraic history proves, equally acceptable to the fully
industrialized and to the under-developed countries.
The Cubun Delegatiorn has no objection to stating
within the framework of Article 25 the necessary conditions E/PC/T/W/280
page 4.
for applying the quantitative restrictions in the interest
of economic development as far as they are not inconsistent
with the basic aim of this development and have no
prohibitive or unnecessarily onerous character,
When the Rapporteur of Sub-Committee IV took up the
matter, the Cuban Delegation recognized fully the effort
made in this direction by a proposal that the Rapporteur
presented and expressed its disposition to accept in general
the suggested special, sub-paragraph to paragraph 2 of
Article 25 with the changes which are indicated in the
following draft:
"Import restrictions imposed for promoting the
establishment, maintenance, development or reconstruction
of an industry or an agricultural or fi.shery production,
provided that such restrictions may be imposed only where
to achieve the 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: E/PC/T/W/280
page 5
(1) simultaneously with their imposition a full state-
ment is submitted to the Organizetion 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 prohibit
imports,
(3) licenses issued for imports will be unrestricted as
to source of supply, or will be based on a representative
period,
(1) 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 Organiza-
tion upon 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 the.
have not been established according to the provisions of
this sub-paragraph, in which case Members undertake to
give immediate affect to such request."
Nevertheless, the Cuban Delegation considering this text
somewhat complicated and perhaps its substance subject to too
many conditions, offered the following alternative text, to be
inserted as one more- exception, between letters "e" and "f" of
paragraph 2 of Article 25, to the general principle set forth
in paragraph 1 of said Article:
"Any import restriction for promoting the
establishment, maintenance, development or re-
construction of an industry, or an agricultural
or fishery production, provided that the
quantitative restriction applied to imports
does not exceed fifty per cent 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 Cuban
Delegation have been accepted in the new wording of Article
13, the Cuban Delegation requests that the suggested amend-
ments on Article 25 be, transferred to Sub-.Committee on
Articles 25 and 27, or directly. to the Plenary Commission. E/PC/T/W/280
page 6
AMENDMENT TO ARTICLE 30
In due time the Cuban Delegation presented the following
amendment to Article 30 (Document E/PC/T/W/186):
"Insert after paragraph 2 a new paragraph 3, as
follows, and change the numbers of paragraphs
3-6 correspondingly;
"3. If a Member, in which resources are as yet
relatively undeveloped, considers its necessary
to grant subsidies to foster its economic.
development, it may do so, notwithstanding the
provisions of Article 15, by exempting in whole or
in part national products from duties or taxes on
domestic consumption, by remitting such duties or
taxes which have accrued, or by using the proceeds
of such duties or taxes to make payments to domestic
producers. "
The amendment was discussed by the Sub-Committee on
Article 30. The Sub-Committee felt that with regard to the
close connection of the amendment with Article 15, it should
be referred to the Sub-Committee on Articles 11, 15 and 24.
This Sub-Committee took up the matter and succeeded in
getting a unanimous adopting of the following clause to be
inserted in paragraph 6 of Article 15:
"6. The provisions of this Article shall not
apply to the procurement...nor shall they be
construed to prevent the payment to domestic
producers only of subsidies provided for on para-
graph 1 of Article 30, including payments to
domestic producers derived from the procoeds of
internal taxes or charges...."
Nevertheless, the Cuban Delegation considers that it
will be necessary to insert a provision in Article 30
covering the other side of the question, which could be
drafted as a new paragraph 3, after paragraph 2 of Article
30, reading as follows:
"If a Member, in which resources are as yet
relatively undeveloped, considers it necessary to
grant subsidies to maintain or foster its economic
development, it may do so by exempting in whole or
in part national products from duties or taxes on
domestic consumption".
This matter has not been taken into consideration by
Sub-Committee on Chapter IV, and therefore should be referred E/PC/T/W/280
page 7
back to the appropriate Sub-Committee or Commission or to the
Plenary Session.
This statement has been presented to the Commission on
Chapter IV, but apart from the action that said Commission
might take, the Cuban Delegation wishes to bring to the
attention of the appropriate Sub-Committees or Commissions that
it maintains its amendments to Articles 15; 25 and 30, worded in
the final form that they appear in this document, and will
appreciate that proper action be taken on them. In case the
foregoing is impossible for any reason, the Cuban Delegation
wishes to make formal reservation on Articles 15, 25 and 30 on
the ground stated in this Document, |
GATT Library | pv855zm0630 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Amendments to Articles 35 and 86 proposed by the Cuban 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/172 and E/PC/T/W/151-176 | https://exhibits.stanford.edu/gatt/catalog/pv855zm0630 | pv855zm0630_90050309.xml | GATT_152 | 385 | 2,470 | UNITED NATIONS NATIONS UNIES
RESTRICTED
ECONOMIC CONSEIL E/PC/T/W/172
5 June 1947
AND ECONOMIQUE ORIGINAL : ENGLISH
SOCIAL COUNCIL ET SOCIAL
SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT.
AMENDMENTS TO ARTICLES 35 AND 86 PROPOSED BY THE
CUBAN DELEGATION
1. Article 35
Delete this article.
Comment - The existing formulation of paragraph 1 deals
exclusively with the questions of Chapter V, but it seems un-
desirable to limit the possibility of any amicable settlement
of misunderstandings or disputes to this Chapter. The new
Article 85 A proposed below would extend this procedure to
the whole Charter.
2. Article 85 A.
Add a new Article 85 A reading as follows:
Paragraph 1. "Each Member shall accord sympathetic consider-
ation to, and shall afford adequate opportunity for con-
sultation regarding such representations as may be made
by any other Member with respect to matters affecting the
operation of the Charter, and shall in the course of such
consultation provide the other Member with such informa-
tion as will enable a full and fair appraisal of the
situation which is the subject of such representations."
Paragraph 2. The same wording as the present Article 35,
paragraph 2, substituting in the third sentence of this
paragraph the word "Chapter" by the word "Charter".
3. Article 86.
a) In paragraph 2, line 3, substitute the word shall"
by the word "may" .
b) Add, as a last sentence, to paragraph 2, the follow-
ing: "The application of the procedure in Article 85 A
does not exclude the initiation of the procedure set
forth in this paragraph, as far as it is applicable
to the case, provided the first mentioned procedure
has been terminated."
4. Article 86 A.
Add, as a new Article 86 A, paragraphs 3 and 4 of the
present Article 86.
Comment to Nos. 3 and 4. - These proposals are designed
to regroup the remedies created by the Charter for
settling, either amicably or, by a legal procedure,
questions or disputes arising out of the wording or the
application of the Charter, or which may develop by
actions directed against the purposes of the Charter
or situations having the effect of nullifying or
impairing its objects.
The amendment is intended, furthermore, to avoid a
multiplication of the procedures provided for. |
GATT Library | dr474gs3630 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Amendments to Articles XXII - XXI proposed by the United Kingdom Delegation | United Nations Economic and Social Council, August 11, 1947 | United Nations. Economic and Social Council | 11/08/1947 | official documents | E/PC/T/W/273 and E/PC/T/W/261-306 | https://exhibits.stanford.edu/gatt/catalog/dr474gs3630 | dr474gs3630_90050425.xml | GATT_152 | 742 | 4,958 | UNITED NATIONS
.
ECONOMIC
AND
SOCIAL COUNCIL
NATIONS UNIES
RESTRICTED
CONSEIL E/PC/T/W/273
ECONOMIQUE 11 August 1947
ET SOCIAL
ORIGINAL: ENGLISH
SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT
AMENDMENTS TO ARTICLES XXII - XXI PROPOSED BY THE
UNITED KINGDOM DELEGATION
For "contracting party" and "contracting parties" throughout
substitute "contracting government" and contracting governments".
(This amendment should apply to Parts I and II as well as Part IIL)
Article XXIII.
Article XXIV.
Article XXVI.
Article XXVII.
Para.5 - Insert: "Except where otherwise provided
for in this Agreement decisions of the
Committee shall be taken by a simple
majority of the votes cast."
para.7 - Delete "by amendment pursuant to Article
line 4 XXVII may discontinue the meetings
provided for in this Article and"
line 5 After "may" and before "transfer" insert
"by a two-thirds majority".
para.(3)(b), line 5
Delete "undertake the obligations" and
Substitute "apply the provisions."
title: Delete "Modification".
Substitute "Variation".
line 1 Delete "on or after November 1st 1950"
and
Substitute "after three years from the
date of provisional application of this
Agreement".
line 6 Delete "modify"
Substitute "vary"
Paragraph 1 should be detached from the
rest of the Article and made into a new
Article with the title "Suspension and
Supersession".
Paragraph 2 should become a new Article
headed "Amendments".
line 2,
para.2.
Article XXVIII. line1
After "provisions of this Article" insert
"or of Article XXVII".
Delete "on or after November 1, 1950" and E/PC/T/W/273
page 2.
Substitute "After three years from the
provisional entry into force of this
Agreement".
line 3 Delete "one"
Substitute "any"
Aticle XXX. para.1 To be amended to read as follows:
Tho expression 'contracting Governments'
shall mean those Governments which are
applying this Agreement either pro-
visionally or pursuant to Article XXIV.
Article XXXI, Title Delete. "Adherence" and substitute
"Accossion".
line 1 Delete "adhere" and substitute "accede".
Procedure for Provisional Application
of the General Agreement
Proposals by the United Kingdom
1. There would be a single instrument laid out as follows:
A. General Agreement (Articles I to XXXI) followed by
signatures:
B. three paragraphs without title commencing "The Governments
of ..........", relating to provisional application
of the General Agreement:
C. Protocol of signature.
It would bo reasonable to intorpret the signatures as relating to
all three parts of the instrument.
2. Article XXXII would disappear, and also the references to it
in Article XXII(I) and Article XXX.
3. The paragraphs dealing with provisional application would
run as follows:
1. The Governments of... undertake each to give
notice to the Secretary General of the United Nations
not later than ............ of its intention to
apply provisionally, as from .... in respect
of its metropolitan terrritory and as soon as possible
thereafter in respect of any other territory for which
it has international responsibility and which is not
selt governing solf governing in its external commercial relations
and in mateterse provided efor by th Genral Agreemnt.
(i) Pares I andeIII oe the Genoral Agruement;
(ii) Part II of that Agreement to the fullest extent,
not ïnconslstlnt with existing legislation. E/PC/T/W/273
page 3.
2. Any signatory Government may at any time give notice to
the Secretary General of the intention of the
Government of any territory for which the signatory
Government has international responsibility and which
is self governing in the conduct of its external
commercial relations and in the matters provided for
in thc General Agreement, to apply provisionally
(i) Parts I and III of the General Agreement
(ii) Part II of that Agreement to the fullest extent not
inconsistent with existing legislation.
3. Pending the entry into force of the General Agreement
any signatory Government may give written notice to
the Secretary General of the United Nations, to take
affect upon the expiry of 60 days from its receipt,
that it or any Government, in respect of which notice
has been given to the Secretary General of the United
Nations under paragraph 2 above, intends to coase to
apply provisionally in whole or in part the parts of
the General Agreement referred to above.
4. The Protocol of signature would remain as in E/PC/T/135,
page 64, but the following paragraph should be added:
This Protocol shall remain open for signature by or on
behalf of any Government, which may apply tho General Agreement
provisionally or upon whose behalf an instrument of acceptance
has been deposited under Article XXIV or which has accedod to
the General Agreement under Article XXXI. |
GATT Library | jv576pg3539 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Amendments to Chapter III of the Draft Charter presented by the Delegation of the Netherlands | United Nations Economic and Social Council, May 17, 1947 | United Nations. Economic and Social Council | 17/05/1947 | official documents | E/PC/T/W/94 and E/PC/T/W/82-124 | https://exhibits.stanford.edu/gatt/catalog/jv576pg3539 | jv576pg3539_90050226.xml | GATT_152 | 208 | 1,497 | UNITED NATIONS NATIONS UNIES RESTRICTED ECONOMIC CONSEIL E/PC/T/W/94
AND ECONOMIQUE
SOCIAL COUNCIL ET SOCIAL
SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT
AMENDMENTS TO CHAPTER III OF THE DRAFT
CHARTER PRESENTED BY THE DELEGATION OF
THE NETHERLANDS
Article 3, paragraph 2.
This paragraph should be drafted as follows:
Members agree that, while the achievement and
maintenance of effective demand and employment must
depend primarily on domestic measures, such measures
should be assisted by the regular exchange of infor-
mation and views among Members and, so far as possible,
should be supplemented by concerted action among
Members whose substantial interests are affected,
sponsored by the Economic and Social Council of the
United Nations and carried out in collaboration with
the appropriate inter-governmental organizations
acting within their respective spheres and consistently
with the terms and purposes of their basic instruments.
Article 7.
The Organization shall have recard, in the
exercise of its functions as defined elsewhere in this
Charter, to the need of Members to take action,
seperately or in conjunction with other Members,
within the provisions of this Charter to safeguard
their economics against deflationary pressure in the
event of a serious or abrupt decline in the effective
demand of other countries. |
GATT Library | hq424fw9842 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Amendments to Draft Articles of Chapter VI, submitted by Sub-Committee 2. Proposed by South African Delegation | United Nations Economic and Social Council, June 26, 1947 | United Nations. Economic and Social Council | 26/06/1947 | official documents | E/PC/T/W/226 and E/PC/T/W/220-235 | https://exhibits.stanford.edu/gatt/catalog/hq424fw9842 | hq424fw9842_90050374.xml | GATT_152 | 446 | 3,001 | UNITED NATIONS NATIONS UNIES RESTRICTED
ECONOMIC CONSEIL 26 June 1947
AND ECONOMIQUE Original: ENGLISH
SOCIAL COUNCIL ET SOCIAL
SECOND SESSION OF THE PREPARATORY
COMMITTEE OF THE UNITED NATIONS
CONFERENCE ON TRADE AND EMPLOYMENT
Amendments to Draft Articles of Chapter VI, submitted by
Sub-Committee 2.
Proposed by South African Delegation.
Article 39, paragraph 2 to read as follows:
2(a). To enable the Organization, without limitation
of the generality of paragraph 1 of this Article, to decide
whether in any particular case practices, specified in
a complaint concerning the practices listed in paragraph
3 of this Article, have or are about to have any of the
effects mentioned in paragraph 1, the complaint shall be
subject to investigation in accordance with the procedure
prescribed in Articles 40 and 42.
(b) Such an investigation shall be made whenever a
complaint is submitted to the Organization that practices,
being any of the practices listed in paragraph 3, are
being engaged in, or are being made effective by commercial
enterprises which, individually or collectively, exercise
effective control over trade in one or more products
among two or more countries, irrespective of whether such
enterprises be public or private commercial enterprises
or whether they engage in such practices by combination,
agreement or other arrangement as between private com-
mercial enterprises, between public commercial enterprises
or between private and public commercial enterprises. E/PC/T/W/226
page 2
EXPLANATORY NOTE BY THE DELEGATION.
As the present draft of paragraph 2 reads, all of
the practices listed in paragraph 3 would become subject
to investigation whenever a complaint is lodged with the
Organization, when obviously only practices complained
of should be subject to investigation.
Secondly, an investigation is to be made not
when (a) a complaint is made..,. (b) practices are
engaged in . and (c) commercial enterprises possess
control . but whenever a complaint is received that
practices of the nature of those listed in paragraph 3
are being engaged in or made effective by commercial
interests who have effective control.
The proposed amendment is intended to clarify this.
Paragraph 3, "the following" to replace "as follows" in
line 2.
Article 40:
Paragraph 9. "may request any Member" to replace "shall
request all Members" in line 1, and "it" to replace "they"
in line 2.
NOTE: For obvious reasons no obligation should rest on
the Organization to request Members to report upon re-
medial actions taken by them.
Article 42:
Delete ",as requested by the Organization," in lines
1 and 2.
NOTE: See note to proposed amendment of Article 40, paragraph
9.
Each Member should report, Put it should not be
incumbent on the Organization to request then to report
upon, remedial action taken by it. |
GATT Library | yy254hd3742 | Second Session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Amendments to the Rules of Procedure | United Nations Economic and Social Council, April 11, 1947 | United Nations. Economic and Social Council | 11/04/1947 | official documents | E/PC/T/37 and E/PC/T/34-44 | https://exhibits.stanford.edu/gatt/catalog/yy254hd3742 | yy254hd3742_92290041.xml | GATT_152 | 237 | 1,649 | UNITED NATIONS
ECONOMIC CONSEIL Unrestricted
AND ECONOMIQUE E/PC/T/37
SOCIAL COUNCIL ET SOCIAL April 11, 1947
SECOND SESSION OF THE PREPARATORY COMIMITTEE
OF THE UNITED NATIONS C00NERENCE ON TRADE AND EMPLOYMENT
AMENDMENTS TO THE RULES OF PROCEDURE
The following amendments to the Rules of Procedure,
which are to be found on pages 45, 46 and 47 of the Report
of the First Session, were adopted by the Preparatory
Committee at the first meeting of its Second Sessinn on 10
April 1947:-
1. Dolete Rule 7 and substitute the following:
- "At the commencement of each session the Preparatory
Committee shall elect from its representatives a Chairman
and such number of Vice-Chairmen as it deems necessary for
the efficient discharge of its responsibilities. The
Chairman and Vice-Chairmen hall hold office until the end
of the session at which they are eleeted."
2. Delete Rule 43.*
3. Amend Rule 46 to read as fnllows:-
"The provisions of the Report or the Committee of the
Ecsinomio and Social Council on Arrangements for Consult-
ation with Non-Governmental Organizations, approved by
the Council on 21 June 1946, shall apply to the meetings
of the Preparatory Committee as appropriate. The committees
of the Preparatory Committee may consult with non-
governmental organizations in Category A either directly
or through committees established for the purpose. Such
consultation may be arranged on the invitation of the
working committee or on the request of the organization.;'
NATIONS UNIES |
GATT Library | jj175mh9545 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Ammendments proposed by Australian Delegation. Suggested addition to Article II of the, Draft General Agreement on Tariffs and Trade and possibly a corres ponding addition to Article 15 of the Draft Charter | United Nations Economic and Social Council, May 24, 1947 | United Nations. Economic and Social Council | 24/05/1947 | official documents | E/PC/T/W/112 and E/PC/T/W/82-124 | https://exhibits.stanford.edu/gatt/catalog/jj175mh9545 | jj175mh9545_90050245.xml | GATT_152 | 416 | 2,710 | UNITED NATIONS NATIONS UNIES
ECONOMIC CONSEIL RESTRICTED
AND ECONOMIQUE E/PC/T/W/112
SOCIAL COUNCIL ET SOCIAL 24 May 1947.
SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT
AMMENDMENTS PROPOSED BY AUSTRALIAN DELEGATION
SUGGESTED ADDITION TO ARTICLE II OF THE, DRAFT GENERAL
AGREEMENT ON TARIFFS AND TRADE AND POSSIBLY A CORRES-
PONDING ADDITION TO ARTICLE 15 OF THE DRAFT CHARTER,
"The provisions of paragraph 1 of Article VIII of the
General Agreement on Tariffs and Trade shall not prevent a
Member from imposing at any time on the importation of any
article a charge equivalent to an internal tax imposed in
respect of a like domestic article or in respect of a commodity
from which the imported article has been manufactured or
produced in whole or in part."
EXPLANATORY COMMENT
1. In the detailed tariff negotiations Australia, in
responding to requests for either the reduction of a customs
duty or the binding of a customs duty in those cases where the
customs duty is principally designed to obtain general revenue,
hal assumed that Article 15 of the Draft Charter would be
interpreted as if words having the purport of the suggested
additional paragraph were expressly contained in Article 15.
2. Experiences in the tariff negotiations at Geneva have
created doubts as to whether the foregoing interpretation is
correct and generally accepted. For instance, it is under-
stood that some negotiating countries hold the view -
(a) that the naming of a rate of customs duty in the
Schedule to the General Agreement on Tariffs and Trade
would preclude them from imposing taxes (in the form
of non-protective revenue import duties) at some later
date on any goods which are ultimately specified in
the Schedule;
(b) that if it is desired to retain liberty to increase the
revenue taxes above the rate of import duty named in the
Schedule, the only way of retaining that liberty is to
reserve the item from inclusion in the Schedule of tariff
concessions,
3. The latter course, if generally pursued, is likely to
result in the complete exclusion of a large number of important
internationally-traded commodities from the tariff negotiations.
4. The purpose of the suggested additional paragraph is to
establish beyond doubt that, in the case of genuine revenue
duties or taxes, the Governments of Member countries do, in
fact, retain liberty to increase the duties or taxes provided
the increase has no other purpose than that of obtaining
additional revenue from the particular item.
. |
GATT Library | cy632bd0086 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Annotated Agenda. Prepared by the Secretariat for Discussion of Article: 15 - 23 and 37 (Part of Chapter V) of the Draft Charter | United Nations Economic and Social Council, May 7, 1947 | United Nations. Economic and Social Council | 07/05/1947 | official documents | E/PC/T/W/28 and E/PC/T/W/23-81 | https://exhibits.stanford.edu/gatt/catalog/cy632bd0086 | cy632bd0086_90050154.xml | GATT_152 | 3,249 | 21,432 | UNITED NATIONS NATIONS UNIES
RESTRICTED
ECONOMIC CONSEIL
AND ECONOMIQUE
SOCIAL COUNCIL ET SOCIAL E/PC/T/W/28 7 May, 1947.
SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT.
ANNOTATED AGENDA
PREPARED BY THE SECRETARIAT FOR DISCUSSION
OF ARTICLE: 15 - 23 AND 37 (PART OF CHAPTER V)
OF THE DRAFT CHARTER.
Article 15 - National Treatment on Internal Taxation and
Regulation.
General notes.
1. It is understood that, owing to the importance of
this Article, one delegation would prefer if it were not
discussed at the meeting on May 8, but dealt with on a
later date.
2. The two reservations mentioned in the D.C. Report*
(page 10) under "General Comments" were made by the
delegate for Brazil and Cuba respectively.
Paragraph 1.
1. The D. C. Report dces not contain any reservation on
this paragraph.
2. The United States Delegation proposes the deletion
of this paragraph (see E/PC/T/W/23).
Paragraph 2.
1. The reservations mentioned in the D.C. Report (page
10) were made by the delegates for India and Norway
respectively.
2. The United States Delagation proposes the following
amendments to this paragraph (cf. E/PC/T/W/23):**
*The words 'D.C. Rerport" are used in this docuàent as an
abbreviation of Report of the Drafting Committee of the
Preparatory Comittee of the United Nations Conference on
Trade and Emplorment (E/PC/T/34).
** In This and similar quotations, square brackets indicate
deletions, and underlining additions. E/PC/T/W/28
Page 2.
" [2]. 1 The product of uny Member country imported into
any other Memberr country shall be except from internal taxes
and other internal charges of any kind higher than. thèse
imposed, directly or indirectly, on like products of national
origin. moreover, in cases in which there is no substantial
domestic production of like products of national origin, no
Member shall impose now or higher internal taxes on the
produets of other Member countrie for the purpose of
affording pretection the prduuction of competitive products.
Paragraph 3.
1. The four resevnations as to the raquirents concerning
mixing, processing atc. mentioned in the D.C. Report
(of. page 11 under a) were made by the delegates for Brazil,
tho Netherlands, New Zeuland and Southi Africa.
2 . The country sugidstings the adCitiun of a secand
priviso and resserving its position on the last sentence of
this paraegraph (same page, under b) is New.Zealand.
3. It seems likely that certain countries which are not
member of the Preparatory Committate but prospective members
of the ITO will attribute censiarebla impecrtance to their
mixine regulations, particularly when used for the purpose
cf agricultural production.
4. The United States Delegation proposes the following
amendments to this paragraph (of. E/PC/T/W/23, page 2)
"[3] 2. The.products of any Member country irmported into
any other Member country shall be accorded treatentnt no
less favourable than that aceorded to like produets of
national origin in respect of all laws, regulations or
requirerments affecting their internal sale, purchase,
transportation, distribution, exhibition or .use of any kind
whatsoever. Thte provisions of this paragrph shall be
understood to preclude the application of internal
requirements restricting the amount or proportion of [an]
any imported product purmiteed to be mixed, precessed,
exhibited, or used, Previded that any such raquirement in
force on the day of the signature or this Charter may be
continued until the expiration of one year from the day on
which this Charter enters into force, or, in the caso of
laws, regulations or requirements rel ting to cinematograph
films, until . expiration of three years form the day on
which this Charter enters into force whichh pariod may be
extended] Such requirements may be continued for additional
pericds respect of any product it the Orgauization
concurs that the requirement concerned is less restrictive.
of international trade than other measures peraissible under
this Charter], after consultoaion with the other Members
whose trade is substuntiully affected by 'the requirment,
determines tha in the spuecisal circumstances alternative
measures permissible under this Chgrter would not be
practicable. Requirements permitted to be maintained E/PC/T/W/28
Page 3.
Art.15, par.3 continued)
under The foregoing provisioin this paragrath shall be
subject to negotiation for their liberilation or
elimination in the manner provided for in respect of
tariffs and preferencess under Article 24.
5. The Czechoslovak Delegation proposes following
amendments to the second sentence of this paragraph
(of.E/PC/T/W/26):
"The provisions of this paragraph shall be understood to
preclude the application of internal requirorents restrict-
ing the amount [or propcrtion] of' an impertod preduct
permitted to be mixed, precessed or used in a proportion
less favurable than that imposed uper like Products
of national orging Provided thata[any such] requirotments
restricting the amount of un imorted product in a
propartion less :favourable than that impostcd upon like
prolucts of nation origin which are in fece on the day of
the signature of this Chartur may be continued until the
expiraition of one year the the day on which this Charter
enters inte. force , which period may be extended in respect
of any product if the Organization concurs that the
ruquirement ceneerned is loss restrictive :of international
tradethan other measures permissible under this Charter,
or Previded that a reasonable new such requirement may be
establised in resped of any product the Organization
concurs that the requirerment is less restrictive of
internatiunil trade than ;other measures permissible under
this Charter. "
6. The Inlian Delegation prteposes the substitution of
the followng nw paragraph for thc; passage beginning with
"The provision of this paragraph" and ,ending with "under
Articlee 24 (of E/PC/T/W/25)
"4(a) Notwithstanding the prrvisiuns of parageraph 3, any
Memeber shall be free to institute or maintain internal
requironients restrictirg the ameunt or proportion of an
imported product permitted to be mixed, processed or used;
Prcvided that no such rcquirements shall be applied to
any product in respect of which the importing Member
has assumed in obligation thrcugh negotiations with any
other Member :r Meribers pursuant to any of the provisions
of this Charter E/PC/T/W/28
Page 4.
Art. 15, par.3 (continued)
Provided further that in the case of any such
requirement in force on the day of the
signature of this Charter, Memters shall give
effct to the procedinig proviso at the earliest
practicable date but in any eveut not later than
one year from the day on which this Charter
comes into force.
(b). Requirerments permitted to be maintained
under sub-paragraph (a) chall be Subject to
negotiation in the manner provided for in respect
of tariffs and preferernces under Article 24."
Paragraph 4.
1. The reservations and statements referred
to in the D.C. Report (page 11) were made by
delegates for the following countries:
reservation -s to the second sentence:
Czechoslovakia;
statement concerning film hire tax:
New Zealand;
reservation as to the whole paragraph:
United States.
2. The United States Delegation now proposes
deletion of paragraph 4 (cf. E/PC/T/W/23, page 3
and proposed change in paragraph 3).
3. The Czechoslovak Delegation proposes
deletion of the second sentence (cf. E/PC/T/W.26).
Paragraph 5.
1. The following new version of this paragraph
is proposed by the United States Delegation
(of. E/PC/T/W/23, page 3)
'[5]3. The provisions of this Article shall not
apply to the procurement by governmental agencies
of [supplies] prducts purchased for govermental
[use] purposes and not for commercial purposes such
as resalie [nor for] or use in the production of
goods fcr sale."
2. The following version is proposed by the
Indian Delegation (E/PC/T/Wi/25)
"5. The [provisions of] restrictions imposed by
this Article -,hall not apply to the procurement by
governmental agencies of [supplies] products
purchased for -overrimental [use] purposes /and not
for resale nor or for use in the production of goods
for sale." E/PC/T/W/28
page 5
Art. 15 (continued)
New Article proposed for insertion after Article 15.
The Unitud States Delegation suggests insertion of the
following new article (of. E/PC/T/W23, page 3):
"Article 15A
The products of any Member country exported to any
other Member country shall not be subject to any measure
imposed either the exporting: or the importing countrY
requiring such exports to be financed, shipped or insured
by enterprises of any prescribed nationality."
Article 16 - Freedom of Transit.
General Note.
1. The delegates referred to under "General Comment"
in the D;G. Report (pace 12) represented:-
India (objection to the deletion of the
word "persons")
Chile (would prefer confinin- the provision
to doods only).
Paragraph 1.
1. The delegates of the opinion that no exemption
should be made for aircraft in transit (cf. D.C.
Report page 12) were those for Australia and Belgium.
Para raph 2.
The change referred to in the lower right corner of
page 12 of the D.C. Report was suggested by India.
Paragraph 3.
No observation.
Paragraph 4.
No observation.
Paragraph 5.
The word "rules" might be changed to,"regulations'' to
conform with paragraph 4.
Paragraph 6.
1. The United Stàtes Delegation proposes the deletion
of the second sentence (cf. E/PC/T/W23 page 3). E/PC/T/W/28
page 6
Art. 16 (continued)
2. The following formal changes may be considered in
the second sentence:
a) lines 3-4 from end: deletion or
"of the goods";
b) line 2 from end: changing."country' s"
to "Member's" .
Article, 17 Anti-dumping and Countervailing Duties
Ceneral Note. Paragraph-s 1, 2 and 5 use the verb "impose"
(with reference ta anti-dumping and countervailing
duties) in the sense of "levy" or apply. In certain
other articles (for instance, No. 27) the verb "apply"
has been substituted for "imposo". (used in the
original version) in order to runder it clear that
the provisions are not confined to measures introduced
after the acceptance of the Charter. It.may prove
useful in Article 17 to substitute "levy" for ''impose:".
Paragraph 1.
1. The countries represented by the delegates
reseving, their position on this paragraph as
indicated undur letters b - e of the comment on
page 13 of the Drafting Committee Report are
identified below:
b) United Kingdom;
c) Australia, Cztchoslovakia, the Netherlands,
and thé Union of South Africa;
d) Belgium-Luxembeurg, Czechoslovakia, France,
the Netherland.s and New Zealand.
e) Brazil.
2. The United States Delegation proposes the
following amendments to this paragraph (of.E/PC/T/'W23,
paeg 4 ):
"1. No anti-dumping duty or charge shall be
imposed on any product of any Meriber country
imported into any other Membbr country in
excess of an armount equal to the martin of
dumping unler which such product is being
imported. For the purposes of this Article,
the margin of dumping shall 'be understood to
mean the amount by which the price of the
product exported from one country to another
is less than [ , ] (a) the comparable price
for the like product / to buyers. for consumption
in the domestic market of the exporting country, E/PC/T/W/28
page 7
Art. 17 continuedd)
or, in the absence of such domestic price, is less than
either (b) the highest comparable price [at which ]
for the like product [ is sold ] for export to any
third country [ in the ordinary course or commerce ],
or (c) the cost of production of the product in tie
country of origin plus a reasonable addition for
selling cost and profit; with due allowance in each
case for differences in taxation, and for other
differences affecting price comparability in the
ordinary course of commerce."
Paragraph 2.
1. The addition te this paragraph referred to in
the D.C. Report (page 13) was suggested by the
Delegete for China.
2. The suggestion concerning use of quantitative
restrictions and other punitive rneasures was made by
the Delegate for Brazil.
3. The United States Delegation proposes the
following revision of this paragraph (of. E/PC/T/W23,
page 4):
"The terrm ' countervailing duty' shall be understood
to mean an additional or separate duty imposed
for the purpose of offsetting any bounty or
subsidy..." etc.
Paragraph 4.
No observation.
Pnragraph 5.
The suggestion concerning the deletion of this
paragraph (D.C. Report, page 13) was made by the
Deleaate for Brazil.
Paragraph 6.
The United States Deleiation proposes deletion of
this paragraph (cf. E/PC/T,'W23, page 4)
Suggested paragraph 7 (of. D.C. Report, page 13):
1. The suggestion was made by the delegates for
Australia, New Zealarid and the Union of South
Africa.
2. Should this paragraph not prove acceptable,
it would appear that adding the word transportationn"
after "production" (twice) in paragraph 2 would meet
the suggestion made te a certain extent. E/PC/T/W/28
pace 8
Article 18 - Tariff Valuation
Paragraph 1.
The word "shall" should be substituted for "undertake"
(in the first line) to conform with other articles.
Pararraph 2.
1. The delolates referred to under (a) - (c) of thu
comments to this paragraph in the D.C. Report (page 14)
represented the following countries:
(a) Bolgium-Luxexabourg, Czechoslovakia and the
Netherlands;
(b) Chinia;
(c) Netherlands.
2. The sujgestion under (c), made at the First Meeting
of the Preparatory Committea, is summarized below:
(i) The importer should submit to customs
authorities all his private documents
relating to each importation.
(ii) Customs officers shall have the right to
examine private records of importers.
(iii) In case of litigation as to value, imports
shall not be impounded but shall be
released to the importer, subject to adequate
provisions for securing the revenue
(Article 8 of the Geneva Convention of 1923).
(iv) Value litigation shall be tried specially
before an independent tribunal of competent
experts whore the importer will be heard.
(v) Fines may be imposed upon importers for
undervaluation.
3. The word 'shall" should be substituted for
"undertake" in line 8 of the preamble.
4. The following new alternative text of paragraph
2 (a) is suggstod by the Canadian Delegation (cf.
E/PC/T/W/24):
The value for duty purposes of imported
merchandise should be based on the actual
value of the imported merchandise on which
duty is assessed, and should not be based on
the value of merchandise of national origin
or on arbitrary or fictitious values.
"Actual value" shall be based on the price at
which at a time and place determined by the E/PC/T/W/28
page 9
Art. 18 (continued)
legislation of the country of importation, and in
tho ordinary course of trade between independent
buyer and seller, such or liko imported merchandise
in comparable quanities and undor similar con-
ditions of sale is sold or offered for sale with
price as tha sole consideration.
If such actual value be not ascertainable on the
basis ot the preceding paratpraph, then the value
for duty purposes should be based on tho nearest
ascertainable equivalent of such value.
5. The Unitud Status Delegation suggests deletion
of sub-paragraph 2 (c) (cf. E/PC/T/W23, page 4).
6. The delegates reserving the ir position with
reference to sub-paracraph 2 (c) (cf. Drafting
Cormittee Report, page 14) represented the Unitud
States and China respuctivoly.
Article 19 - Customs Formalities
Paragraph 1.
1. The United States Delegation suggests the
addition of the following sentence at the end of
this paragraph (cf. E/PC/T/W/23, paia 5)
"Tho Orrianization is authorized to investigate
and recormmend to Memxbors specific treasures for
the simplification and standardization of
customs formalities and techniques and for the
elimiaination of unnecessary customs requirements.'
2. The words "the principle" in the first line of
this paragraph may be deleted.
Paraeraph 2.
The word "shall" should be substituted for "undertake"
in the flrst line.
Paragraph 3.
No observation.
Paragraph 4.
The United States Delegation proposes (of.E/PC/T/W/23,
page 5) that in item (d) the word "transitions" be
substitute. for 'regulations", and the following new
item be added:
(i) Port facilities".
This would necessitate transferring the word "and" E/PC/T/W/28
page 10
Art. 19 (continued.)
from sub-paragraph (g) to the end of (h) and changing
the period to a comma.
Article 20 - Marks of Origin.
Paragrapha 1 and 2.
No observation.
Paragraph 3.
1. The countries represented by the delegetes who
would have preferred to maintain the word. "shall."
are Canada, Czachoslovakia, Norway and the United States.
2. The delegate reserving his position on this para-
graph (of. D.C. Report, page 15) represented the
United Kingdom.
Paragraphs 4 and 5.
No observation.
Paragraph 6.
The delegate rserving his position on this paragraph
(D.C. Report, page 16), represented the United Kingdom.
Paragraph 7.
The delegates refierred to under (a) - (c) in the
comments to this paragraph (D.C. Report, pago 16)
represented thu following countries:
(a) Belgium-Luxemburg, Czachoslovakia, France,
the Netherlands;
(b) Chile;
(c) Cuba.
Article 21 - Publication and administration of Trade
Regulations - Advance Notice of Restrictive Regulations
Paragraph 1.
No observation.
Paragraph 2.
1. The two reservations referred to in the D.C. Report
(page 16) were nade by the delegates for New Zealand
and the Union of South Africa. E/PC/T/W/28
page 11
art . 21 (continued)
2. The word "shall" to bo substituted for undertakee to"
in the fifth line.
3. Tha Canalian Delegation proposes the following addition
at the end of this paragraph (of. E/PC/T/ 11/24) :
"and their decision shall be implemented by and shall
govern the praçtice of such agencies unless an appeal
is lodged with a court or tribunal-of superior juris-
diction within the time prescribed for appeals to be
lodged by iraporters. "
Paragraph 3.
1. The United States Delegation proposes insertion of the
words "retroactively or" after "appllied" in line 8 (of.
E/PC/T/W/23, page 5).
2. The six delegates reserving their positions
provisionally (D.C. Report, page 17) represented Brazil,
Czechoslovakia, France, Norway, the Union of South'
.A'rica' and th* United Kingdorm.
Article 22 - Information, Stati;stics and Trade Terminology.
Paragraph 1.
1. The delegates suggesting the addition referred to in
the D.C. Report pacee 17) represented Canada and the
Netherlands.
2. Sub-paraEraph (a) provides for the communication by
Members of the Organization of statistics relating to
"imports, experts, transit and transhipment and, where
applicable, -oods in warehouse or in bond". It will be
observed that certain countries do not compile statistics
on transit and transhipment and that statistics on re-export
are usually of importance only in the case of countries
applying the so-callod Anglo-saxon method of trade statistics
It may prove advantageous, therefore, to change the words
quoted as follows: "imports, exports and, where applicable,
re-exports and goods in warehouse or bond".
Paragraph 2 - 6.
No observation.
Article 23 - Boycotts.
1. The delegates referred to under letters (b) and (c).
in the cnrments of the D.C. Report (page 18) represénted:
(b) India,
(c) Lebanon. E/PC/T/W/28
page 12
Article 37.
"General Comments".
The delegates referred to under this heading in the D.C.
Report (page 31) represantud the following countries:
(a) (of. lines 11-12) the Netherlands.
(b) Canada,
(c) Canada, Chilu,
(d) China,
(e) Indis.
"Specific Comments".
1. The delegates referred to under this heading in the
DC. Report represented the following countries:
sub-par. (a) and (b): Norway;
sub-par. (b): Chile, Czechoslovakia, France, New Zeqland,
United Kingdom, United States;
sub-par. (c): Australia;
sub-par. (f): India;
sub-par. (j)(a): India; Brazil, New Zualand;
(j)(b): New Zealand.
2. The United States Delegation (cf. E/PC/T/W/23, page 5)
suggests that items (c), (d), (e), (j) and (k) be removed
from Article 37, which relates only to Chapter V; that a new
Article be inserted at an appropriate place toward the ond
of the Charter which would make these items general exceptions
to the entire Charter; and that the new Article contain the
following introductory language:
'TNothing in this Charter will be construed to prevent
the adoption or enforcement by and Member of measures"
(the foregoing would be followed by a list ot the
items transferred frrom Article 37).
3. It may be questioned whether the words "or restoration`
should not be omitted from item (k). These words do not
occur in the Charter of the United Nations. |
GATT Library | jg917hq0528 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Annotated Agenda. Prepared by the Secretariat for discussion of Article 30 | United Nations Economic and Social Council, June 12, 1947 | United Nations. Economic and Social Council | 12/06/1947 | official documents | E/PC/T/W/190 and E/PC/T/W/177-207 | https://exhibits.stanford.edu/gatt/catalog/jg917hq0528 | jg917hq0528_90050334.xml | GATT_152 | 1,203 | 7,845 | RESTRICTED
ECONOMIC CONSEIL E/PC/T/W/190
AND ECONOMIQUE 12 une 1947
SOCIAL COUNCIL ET SOCIAL ORIGINAI ENGLISH
SECOND SESSION OF THE PREPARATORY COMMITTEEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT
Annotated Agenda
Prepared by the Secretariat For discussion of Article 30
This agenda supersedes the relevant parts of document E/PC/T/W/64,.
and should be read in conjunction with the Report of the Drafting
Committee (E/PC/T/34) hereafter referred toas "DC. Report." It
incorporates proposals reported to the Secretariat by Delegations
to 11 June 1947 inclusive. (E/PG/T/W/72, 81, 140, 182, 185, 186,
In quotation of the proposed texts, where practicable, deletions
aro indicates D squaru drscxats, and addition by underlinine
Article 30 - General Undertaking regarding'. Subsidies -
Eliination of Export Subsidies - Exceptions
General Comments
1. The Sub-Committee on Chapter III in its Report
(cf.E/PC/T/95, page 6, paragraph 2e) recommenda that, among others,
Article 30, being one of the provisions of the Charter referred to
in Article 7 (now proposed to be Article 8) should be re-examined
to ensure that there be adequate safeguards in the Charter to meet
situations referred to in Article 7
UNITED NATIONS
NATIONS UNIES E/PC/T/W/190
page 2
2. In the discussion Article 15 (cf. E/PC/T/A/SR/1U, page 32)-
the United States Delegation proposed the following addition to
Paragraph 5 of Article 15:
"Moreover, the provisions of this Article shall not
apply to governmental purchases in carrying out any
form of subsidy permitted under Article 30."
Paragraph 1.
The Chinese Delegation (cf.W/72) suggests the deletion
of this paragraph.
Paragraph 2.
1. The Delegates mentioned under (c) and (d) of the
Comments (cf. D.C. Report page 26) represented China and Chile
respectively.
2. The Chinese Delegation (W/72) proposes to delete the
words "directly or indirectly" at the beginning of Sub-
paragraph (a).
3. The United States Delegation (cf.W/185) proposes to
insert in sub-paragraph (a) at the beginning of the second part
of the sentence, the word "sub- paragraph" between "Provided
that this" and. "shall not prevent."
Comment of the United States Delegation:
The proposed addition is to make quite clear that the
proviso does not exempt subsidies paid out of the
proceeds of proessing taxes from the requirements of
paragraph 1. The New York Drafting Committee
cansidered this clear and deleted the reference to
paragraph 1 that had been in the proviso. The proposed
revision should remove any doubt. page 3
4. The Indian Delegation (of. W/81) proposes to substitute
the words "one year" for the words "three years" occurring
in the first sentence of sub-paragraph (b)
5. It is suggested that the last sentence of sub-paragraph
(b) might be amended to read:
"The Organization shall then determine ..."
6. The United Kingdom Delegation (cf. W/182) proposes to
add a now sub-paragraph (c) to read as follows:
"The provisions of this paragraph shall not at any time
product, a Member interested in the export of any
product, which considers that its interests are being
prejudiced by a subsidy applied, directly or indirectly,
in r aspect of the product by a non-Member which is a
competing exporter, from subsidising its own exports
to any destination to which that non-Member is exporting,
to the extent which the Member deems necessary to
neutralise the injury to its interests and for so lone
as the non Member's subsidy continues in effect, but
no longer. Provided that if any other Member considers
that its interests are being adversely affected by
the measure of counter-subsidisation applied by the
first-muntioned Member, those Members shall consult
together, and, if necessary with the Organisation, in
order to reach a mutually satisfactory adjustment of
the matter."
Suggested New Paragraph 2A
The Cuban Delegation (cf. W/186) proposes to insert
after paragraph 2, a new paragraph as follows: E/PC/T/W/120
Page 4.
"If a Member, whose resources are as yet relatively
undeveloped, considers it necessary to grant subsidies to
foster its economic development , it may do so, notwithstand-
ing the provisions of Article 15, by exempting in whole or
in part national products from duties or taxes on domestic
consumption, by remitting such duties or taxes which have
accrued, or by using the proceeds of such duties or taxes to
make payments to domestic producers. "
Paragraph 3.
1. The Delegate mentioned in the D.C. Report (page
26) as having at the First Session raised the question of
the ' "domestic price" represented New Zealand.
2. The Australian Delegation (cf.. W/188) proposes the
following changes: -
"A system for the stabilisation of the domestic price
or of returns] the return to domestic producers of a primary
product [which results over period in the sale of the
product for export at a price lower than the comparable price
charged for the like product to buyers in the domestic markot]
shall [may] b determined not to involve a subsidy on export-
ation undter the terms of paragraph 2 of this Article, if
provision is made for the maintenance at fixed levels of prices
for domestic consumption irrespective of the movement of export
prices and [it] because of such provision the system has [also]
resulted or may result, over a period, in the sale of the
product for export at a price higher than the comparable price
charged for the like product to domestic buyers and if the E/PC/T/W/190
Page 5.
system is so operated, either because of the effective
limitation or production, or because the export price is hold
.below current comparable representative export prices, or
otherwise, as not to stimulate exports unduly or otherwise
seriously prejudice the interest of other Members.''
Comment of the Australian Delegation:
This amendment is designed to clarify the require-
ments which domestic price stabilisation schemes must
satisfy before they may be removed from the application
of Paragraph 2. It is felt that the present text does
not quite convey the intentions of the First Session of
the Preparatory Committee; in particular, that it does
not cover new arrangements, where movements in prices
have perhaps not had time to meet the condition that
export prices have actually been higher than domestic
prices.
Paragraph 4..
1. The United States Delegation (cf. W/185) proposes to
make the following change at the end of sub-paragraph (a):
"... laid down therein, the Member may have resort to
the procedures of [the difficulty may be determined to be a
special difficulty of the kind referred to in] Chapter VII
[and in that event the procedure laid down in that Chapter
shall bu followed]
Comment of the United States Delegation:
Tho procedure of Chapter VII requires the determination
by a study group or a commodity conference that there is a
special difficulty.
2. The two Delegates who suggested the deletion of sub-
paragraph (b) (cf. D.C. Report, page 27, and W.140, represented
Canada and New Zealand.
Paragraph 6.
The United States Delegation (cf. W/185) suggests the E/PC/T/W/190
Page 6.
following changes: -
"Any determination required by or appropriate to
the operation of this Article shall be made through [under
procedures established by] the Organization by consultation
among the Members substantially interested in the product
concerned [in accordance with paragraph 4 of Article 66]."
Comment of the United States Delegation:
The revised paragraph would incorporate the provisions
the provisions of Article 66, paragraph 4, thus eliminating
the cross reference. |
GATT Library | bb670zy4990 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Annotated Agenda Prepared by the Secretariat for discussion of Articles 14, 15, 15A and 24 | United Nations Economic and Social Council, May 30, 1947 | United Nations. Economic and Social Council | 30/05/1947 | official documents | E/PC/T/W/150 and E/PC/T/W/125-150 | https://exhibits.stanford.edu/gatt/catalog/bb670zy4990 | bb670zy4990_90050286.xml | GATT_152 | 4,407 | 29,142 | UNITED NATIONS
ECONOMIC
AND
SOCIAL COUNCIL
NATIONS UNIES CONSEIL
ECONOMIQUE
ET SOCIAL
RESTRICTED
E/PC/T/W/150
30 May 1947.
SECOND SESSION OF THE PREPARATORY COMMIITTEE OF
THE UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT
Annotated Agenda
Prepared by the Secretariat for
discussion of Articles 14, 15, 15A and 24
This Agenda supersedes the relevant parts of documents
E/PC/T/W.28 and W.64, and should be read in conjunction
with the Report of the Drafting Committee (E/PC/T/34)
hereafter referred to as "D. C. Report". It incorporates
proposals reported to the Secretariat by Delegations to
May 30, 1947, inclusive. E/PC/T/W/150 page 2.
Article 14 - General Most-Favoured-Nation Treatment
General Note
1. The delegates who maintained their suggestion with
regard to the adaptation of preferences within a preferential
system, mentioned under General Comments in the D.C. Report
(page 10) were those for Australia and India, with the
concurrence of the delegate for the Union of South Africa.
2. The Cuban Delegation reserves its right to present
amendments at the moment Commission A begins the discussion
of this Article, or before that date (of. E/PC/T/W.149).
Paragraph 1
1. Following the announcement made by the French Delegate
during the discussion of Paragraph 6 of Article 16 in the
Working Party for Technical Articles (of.E/PC/T/WP1/AC1/SR/1
and E/PC/T/WP1/SR/10), the French Delegation has presented
the following observations with regard to the question of
direct consignments (of. E/PC/T/W.141):
"It follows from the present wording of Article 14 that
customs advantages, in connection with importation, apply to
all products originating in Member countries. On a strict
interpretation, this article would preclude export countries
being taken into consideration. In other words, customs
advantages would be granted to products harvested or manufac-
tured in Member states, even if they be sold and exported by
other countries, whether Members of the organization or not,
and the conditions of direct consignment could not be imposed
by importing states.
This provision which should be read in conjunction with
Article 16, paragraph 6, to which the French Delegation has
already drawn attention is incompatible with France's traditional
legislation under which customs advantages depend both on
country of origin and country of export.
The French Delegation feels obliged to point out that, in
the opinion of its Government it is not desirable, at a time
when French ports, which were severely damaged by the war, are
in process of reconstruction and require every help from public
authorities, to make any change in existing legislation which,
hitherto, has not given rise to any difficulty in any of the
bi-lateral or multi-lateral agremeents concluded by France.
France is not in a position to adapt her legislation immediately
to the terms of Articles 14 and 10. In any event she would
need some time to make the necessary changes."
2. The United States Delegation proposes the following
amendment to this paragraph (cf. E/PC/T/W.146): E/PC/T/W/150
page 3.
"1. With respect to custom duties and charges of any kind
imposed on , or in connection with , importation or exporta-
tion or imposed on the international transfer of payments for
imports or exports, and with respect to the method of levying
such duties and charges, and with respect to all rules and
formalities in connection with importation or exportation, and
with respect to all matters in regard to which national treat-
ment is provided for in Article 15 referred to in paragraphs 1,
2, 3 and 4 of Article 15, any advantage, favour, privilege or
immunity granted by any Member to any product originating in or
destined for any other country, shall be accorded immediately
and unconditionally to the like product originating or destined
for all other Member countries respectively."
The Delegation comments as follows :
"The changes proposod in line 8 of paragraph 1 are designed
to extend the grant of most-favourod-nation treatment to all
matters dealt with in Article 15 (except governmental operations
under paragraph 5 of Article 15) rogardless of whether national
treatment is provided for in respect of such matters."
3. The Austrailan Delegation proposes the following amend-
ment to this paragraph, (E/PC/T/W.147):
"Insert after the word "shall" the words "except as other-
wise provided elsewhere in this Charter"."
The Delegation comments upon this amendment as follows:
"It was clearly not the intention that the "most-favoured-
nation" treatment required by Article 14, and the "national"
treatment required by Article 15, should over-ride specific
exceptions provided in other Articles of the Charter. For
example, Article 28 provides for the possibility of discrimination
in certain circumstances, and some provisions or Articles 30
and 31 might be regarded as inconsistent with full "national"
treatment; The words which it is suggested should be added to
Articles 14 and 15 are designed merely to remove any possible
doubt on this question."
Paragraph 2.
1. The two reservations mentioned in Specific Comments in
the D.C. Report (page 10) were made by the delegates for China
and Chile respectively.
2. The reservation made by the Delegate for Chile was
superseded by his proposal to add a new paragraph 3 (of.
E/PC/T/W.27) in which the Delegates for Labanon and Syria
concurred.
The Proparatory Committee discussed this proposal in three
executive sessions, held on 21 and 22 May (of. E/PC/T/EC/PV.2/6-8)
and decided that it should not be considered in conjunction
with Article 14. E/PC/T/W/150
page 4.
The Delegates for Chile, Lebanon and Syria reserved
their position on Article 14.
3. Sub-paragraph (a) refers to preferences in force (i)
between territories which on 1 July 1939 were connected by
common sovereignty or relations of protection or suzerainty, and
(ii) between territories listed in Annexure A to the Charter.
The following lists have been received:
a list of territories covering the British Common-
wealth (D.C. Report page 53),
a list or territories in the French Union (E/PC/T/W.49).
The former of these lists was supplied as applying to item (ii),
and the latter to item (i), of sub-paragraph (a).
4. The United States Delegation proposes the following amend-
ment to this paragraph (of. E/PC/T/W.146):
"2. The provisions or paragraph 1 of this Article shall
not be construed to require the elimination, except as provided
in Article 24, of any preferences in respect or customs
Import duties or other charges or internal taxes imposed on
importation which do not exceed the preferences remaining in
force after the negotiations contemplated provided for in
Article 24 and which fall within the following descriptions;
(a) ......
(b)......
(c)......"
The Delegation comments as follows:
"Certain drafting suggestions are made in paragraph 2 with
a view to making Articles 14 and 24 fully consistent. The
insertion of the reference to internal taxes would place
preferential internal taxes on the same footing as preferential
tariffs, both of which would be subject to negotiations under
Article 24. (see amendment to Article 24)." E/PC/T/W/150
page 5.
Article 15 - National Treatment on Internal Taxation
and regulation.
General Notes
The two reservations mentioned in the D.C. Report (page 10)
under "General Comments were made by the Delegate for Brazil and
Cuba respectively.
Paragraph 1.
1. The Delegations of the United States (of.E/PC/T/W.23),
Cuba (of. E/PC/T/W.29, page 2) and Norway (of. E/PC/T/W.99)
propose the deletion of this paragraph.
2. The Chinese Delegation proposes addition of the words
"relating thereto" after the words "nor internal. laws, regulations
or requirements." (of. E/PC/T/W/79).
Paragraph 2.
1. The reservations mentioned in the D.C. Report (page 10)
were made by the Delegates for India and Norway respectively.
2. The United States Delegation proposes the following amend-
ments to this paragraph (of. E/PC/T/W/23)
"2 1. The products of any Member country imported into
any other Member country shall be exempt from internal taxes
and other internal charges of any kind higher than those imposed,
directly or indirectly, on like products of national origin.
Moreover in cases in which there is no substantial domestic
production of like products of national origin, no Member shall
impose new or higher internal taxes on the products of other
Member countries for the purpose of affording protection to the
production of competitive products.
3. The Chilean Dalegation proposes addition of the following
sub-paragraph after paragraph 2 (of. E/PC/T/W.56):
"The provisions of this parargrph shall not imply exemption
from internal taxes imposed on imported products to bring them
into line with the taxes imposed on national products".
Paragraph 3.
1. The four reservations as to the requirements concerning
mixing, processing etc., menticed in the D.C. Report (of. page 11,
under a) were made by the delegates for Brazil, the Netherlands,
New Zealand and the Union of South Africa.
2. The country suggesting the addition of a second proviso
and reserving its position on the last sentence of this paragraph
(same page, under b) was New Zealand. E/PC/T/W/150.
page 6.
3. The United States Delegation proposes the following
amendments to this paragraph (of. E/PC/T/W/23, page 2) :
'"[3] 2. The products of any Member country imported into
any other Member country shall be accorded treatment no less
favourable than that accorded to like products of national
origin in respect of all laws, regulations or requirements
affecting their internal sale, offering for sale, purchase,
transportation, distribution, exhibition or use of any kind
whatsoever. The provisions of this paragraph shall be under-
stood to preclude the application of internal requirements
restricting the amount or proportion of [an] any imported
product permitted to be mixed, processed, exhibited, or used,
Provided that any such requirement in force on the day of the
signature of this Charter may be continued until the expiration
of one year from the day on which this Charter enters into force,
or, in the case of laws, regulations or requirements relating
to cinematograph films, until the expiration of three years
from the day on which this Charter enters into force. [ Which
period may be extended] Such requirements may be continued for
additional periods in respect of any product if the Organization
[ concurs that the requirement concerned is less restrictive of
international trade than other measures permissible under this
Charter.], after consultation with the other Members whose
trade is substantially affected by the requirement, determines
that in the special circumstances alternative measures permissible
under this Charter would not be practicable Requirements per-
mitted to be maintained under [the foregoing proviso] this
paragraph shall be subject to negotiation for their liberaliza-
tion or elimination in the manner provided for in respect of
tariffs and preferarnces under Article 24.
4. The Delegation of Cuba proposes to delete the second part
of this paragraph, beginning with the words : "'The provisions
of this paragraph .... under Article 24" (of. E/PC/T/W.29, page 2).
5. The Delegations of Benelux and Czechoslovakia (of.
E/PC/T/W.92), supported by that of New Zealand (of, E/PC/T/W.106),
propose the following redraft of paragraph 3:
"3. (a) The products of any Member country imported into any
other Member's country shall be accorded treatment no less
favourable than that accorded to like products of national origin
in respect of all laws, regulations or requirements affecting
their internal sale, offering for sale, transportation, distribu-
tion or use of any kind whatsoever.
(b) The provisions of sub-paragraph 3 (a) of this article
shall be understood to preclude the application of internal
requirements, other than those applied to like products of
national origin, restricting the amount or proportion of an
imported product permitted to be mixed, processed, or used,
unless the effect of the application of any such requirements
is not more restrictive or burdensome than that of other measures,
such as customs duties or subsidies, permissible under this
Charter. Requirements permitted to be maintained under this
sub-paragraph shall be subject to negotiation in the manner pro-
vided for in respect of tariff under Article 24".
(Note. This amendment suprsedes former amendments proposed by
the Delegations of Czechoslovakia (of.E/PC/T/W.26) and of
Benelux (of. E/PC/T/W.48)). E/PC/T/W/150
page 7.
6. The Indian Delegation proposes the substitution of
the following new paragraph for the passage beginning
with "The provisions of this paragraph" and ending with
"under Article 24" (of. E/PC/T/W/25) :
"4 (a). Notwithstanding the provisions of paragraph 3
any Member shall be free to institute or maintain internal
requirements restricting the amount or proportion of an
imported product permitted to be mixed, processed or used;
Provided that no such requirements shall be applied to any
imported product in respect of which the importing Member
has essumed an obligation through negotiations with any
other Member or Members pursuant to any of the provisions
of this Chapter; Provided further that in the case of
any such requirement in force on the day of the signature
of this Charter, Members shall give effect to the pre-
ceding proviso at the earliest practicable date but in
any event not later than one year from the day on which
this Charter comes into force.
(b ) Requirements permitted to be maintained
under sub-paragraph (a) shall be subject to negotiation
in the manner provided for in respect of tariffs and
preferences under Article 24."
7. The South Arican Delegation proposes the deletion
of the word "transportation" in the seventh line of this
paragraph (of.E/PC/T/W.62).
8. The Norwegian Delegation proposes the deletion of
the second and third sentence of this paragraph (of.E/PC/T/W.99).
9. The Chinese Delegation proposes the delegation of this
paragraph (of .E/PC/T/W.79).
10. The Australian Delegation proposes an amendment to
this paragraphh as follows (of. E/PC/T/W.147) :
Insert after the word "shall" the words
" except as otherwise provided elsewher in this
Charter,".
Comment. (see under Article 14, paragraph 1). E/PC/T/W/150.
page 8.
11. It seems likely that certain countries which are not
members of the Preparatory Committee but prospective members
of the I.T.O. will attribute considerable importance to their
mixing regulations, particularly when used for the purpose of
agricultural production.
Paragraph 4.
1. The reservations and statements referred to in the D.C.
Report (page 11) were made by delegates for the following
countries:
reservation as to the second sentence:
Czechoslovakia;
statement concerning film hire tax:
New Zealand;
reservation as to the whole paragraph:
United States.
2. The United States Delegation now proposes deletion of
paragraph 4 (of. E/PC/T/W/23, page 3 and proposed change in
paragraph 3).
3. The Czechoslovak Delegation proposes deletion of the
second sentence (of. E/PC/T/W.26).
4. The New Zealand Delegation proposes the following
amended text of this paragraph (of. E/PC/T/W.106):
"The provisions of this Article shall not be construed
to prevent the application of internal laws,
regulations, requirements, or taxes relating to the
distribution or exhibition of cinematograph films.
Any laws, regulations, requirements or taxes so
applied shall, however, be subject to negotiations
for their liberalization or elimination in the
manner provided for in respect of tariffs and
preferences under Article 24."
5. The Norwegian Delgation proposes the following new text
numbered paragraph 3 and replacing the present paragraph 4
(of. E/PC/T/W.99, p.1 under 3, and comment on page 3):
"3. The provisions of paragraphs 1 and 2 of this
Article shall not preclude the regulation of imports
permissible under this Charter being made through
internal taxes or other arrangements applicable to
imported goods only, provided that such taxes or
arrangements are no more restrictive of international
trade than other measures permissible under the
Charter."
6. The Benelux and French Delegations propose an amendment,
affecting only the French text of the second sentence (of.
E/PC/T/W.30)
Paragraph 5.
1. The following new version of this paragraph is proposed
by the United States Delegation (of. E/PC/T/W/23, page 3): E/PC/T/W/150.
page 9.
"[5.] 3. The provisions of this Article shall not
apply to the procurement by governmental agencies
of [supplies] products purchased for governmental
[use] purposes and not for commercial purposes such
as resaIe [nor for] or use in the production of
goods for sale."
2. The following version is proposed by the Indian Delegation
"5. The [provisions of] restrictions imposed
by this Article shall not apply to the procurement by
govermetal agencies of [supplies] products
purchased for governmentaI [use] purposes [and not
for resale nor] or for use in the production of goods
for sale.
3. The Chinese Delegation proposes deletion of the words in
square brackets in the New York draft (of. E/PC/T/W.79).
4. The Norwegian Delegation proposes the following new text,
numbered paragraph 5, and replacing the present paragraph 5
(of. E/PC/T/W.99, pp.1, 3 and 4) :
"5 The provisions of this Article do not apply
to the procurement by govermental agencies of
supplies for governmental use and not for resale nor
for use, in the production of goods for sale. Nor
shall they apply to cinematograph films."
Proposed New Paragraph.
The Norwegian Delegation proposes the following new para-
graph, to be numbered paragraph 4 in the Norwegian reformulation
and re-arrangement of Article 15 (of. E/PC/T/W.99):
"4. So long as different prices for like
paargraphs 1 and 2 sahll not preclude the establish-
ment on a natinoal market of equal prices for like
products, whether of foreign or doemstic origin."
Suggested Addition to the Draft General Areement on aTriffs and
Trade, possibly affecting Article 15
The Australian Delegation proposes the following addition
to Article IIof the "Draft enneral Agreement on Tariffs and Trade"
(D.C. Report, Part III, p.66), which may involve a corresponding
addition to Articel 15 (of. E/PC/T/W.112 wihch also sets out the
reasons for the suggested addition):
"The provisions of paragraph 1of Articel VIII
of the eneral Agreement on Tariffs and Tarde shall
not prevent a Member from imposing at any time on
the importation of any article a charge equivalent
to an internal tax imposed in respect of a like
domestics article or in respect of a commodity from
which the imported article has been manufactured or
produced in whole or in part." E/PC/T/W/150.
page 10.
New Article 15A.
1. The United States Delegation suggests insertion of
the following new article (of. E/PC/T/W.23, page 3) :
"Article 15A
The products of any Member country exported
to any other Member country shall not be subject
to any measure imposed by either the exporting or
the importing country requiring such exports to
be financed, shipped or insured by enterprises of
any prescribed nationality."
2. The Brazilian Delegation, seconding the United States
proposal for insertion of Article 15A, proposes addition of
the following paragraph to the text of that Article (of.
E/PC/T/W.105):
"Member countries shall take the necessary
steps to prevent transport or insurance under-
takings from establishing discriminatory rates in
favour or countries of origin or of destination." E/PC/T/W/150.
page. 11
Article 24. Reduction of Tariffs and Elimination of
Preferences.
General Note
The Cuban Delgation reserve its right to present amend-
ments at the moment Commission A begins the discussion of this
Article or before that date (of. E/PC/T/W.149).
Paragraph 1.
1. The United Kingdom Delegation proposes that the first
sentence of this paragraph should read as follows (of. E/PC/
T/W.135) :
"Each Member, other than a Member subject to
the provisions of Article 33, shall, upon the request
of any other Member or Members, enter into
[reciprocal and mutually advantageous negotiations
negeotiations with such other Member or Members for a
reciprocal and mutually advantageous agreement ... "
2. The United States Delegation proposes the following
Amendments to this paragraph (of. E/PC/T/W.146) :
"1. Each Member, other than a Member subject
to the provisions of Article 33, shall, upon the
request of any other Member or Members, enter into
[reciprocal and mutually advantageous] negotiations
with such other Member or Members directed to. the
substantial reduction of tariffs [and other charges
on imports and exports and [to] the elimination of the
[import tariff] preferences referred to in paragraph 2
of Article 14 on a reciprocal and mutually advantageous
basis. These negotiations shall proceed in accordance
with the following rules:
(a) Prior international [commitments] obligations
shall not be permitted to stand in the way of negotia-
tions with respect to [tariff] preferences, it being
understood that [action] agreements resulting from
such negotiations shall not require the modification
or termination of existing international obligations
except [by agreement between](i) with the consent of
the [contracting] parties to such obligations, or
[faiIing that, in the absence of such consent, (11) by
termination of such obligation in accordance with
their terms.
(b) All negotiated reductions in most-favoured-
nation [import tariffs] rates shall operate auto-
matically to reduce or eliminate margins of preference,
and no margin of preference shall be increased.
(c) The binding [or consolidations] of low tariffs
or of tariff-free treatment shall in principle be
recognized as a concession equivalent in value to the
substantial reduction or high tariffs or the elimination
of tariff preferences." E/PC/T/W/150
page 12.
The United States Delegation comments as follows:
"The proposed amendments to the opening sentence of para-
graph 1 are designed
(a) to make it clear that the reciprocal and mutually
advantageous character of the arrangements envisaged applies to
the arrangements themselves rather than to the negotiations
leading up to their conclusion, and
(b) to assure that all preferences excpepted from the most-
favoured-nation clause by virtue of paragraph 2 of Article 14
will be subject to negotiations under Article 24.
1 (a) The changes proposed in paragraph 1 (a) are designed
to clarify the provision and render it more precise.
1 (c) It is proposed to omit from paragraph 1 (c) the
reference to the consolidation of duties in order to avoid the
possible, interpretation that a binding and a consolidation are
different things."
Sub-paragraph (b)
1. The four delegates who maintained their views that para-
graph 1 should not operate automatically (D.C. Report, page 18)
represented Australia, India, New Zealand and the Union of South
Africa.
2. The Australian Delegation proposes to replace the existing
sub-paragraph by the following (of E/PC/T/W.147):
"(b) In the negotiations relating to any specific product -
(i) Where the negotiations affect only the m.f.n.
rate, any negotiated reduction in that rate shall
operate automatically to reduce or eliminate any
martin of preference applicable to the product;
(ii) Where the negotiations affect only the preferential
rate, the m.f.n. rate shall automatically be re-
duced to the extent of any reduction in the
prefrential rate;
(iii) Where the negotiations effect both the m.f.n. rate
and the preferential rate, such reductions may be
effected in either as may be agreed between the
Members concerned;
(iv) No margin of preference shall be increased and
no new preference created except in accordance
with other sections of the Charter or with the
agreement of the parties having substantial
interest in the concession." E/PC/T/W/150
page 13.
Paragraph 3.
1. The two delegates who suggested the insertion of the words
"and particularly with regard to Members' legitimate need for
protection." (D.C. Report page 18 -19) represented Brazil and Chile.
2. The delegate was wished to consider the definition of the
expression without sufficient justification" (D.C. Report, page 19)
represented Chile.
3. The Delegation of China proposed that the second sentence
should read as follows (of. E/PC/T/W.76) :
"If the Organization, having regard to the provisions of
the Charter as a whole, particularly to the legitimate need for
protection on the part of the Member complained of, finds that
such Member has, without sufficient justification, failed to
negotiate....... of this Article."
4. The United Kingdom Delegation proposes that the second
sentence of this paragraph should read as follows (E/PC/T/W.135):
"The Organisation, if it finds that a Member has, without
sufficient justication, having regard to the provisions of the
Charter as a whole, failed to [negotiate with such complaining
Member in accordance with the requirements of paragraph 1 of
this Articls] enter into negotiations with such complaining Member
in accordance with the requirements of paragraph 1of this
Article or to complete such negotiations,...".
5. The United States Delegation proposes the following amcnd-
ments to this paragraph (E/PC/T/W.146):
"3. If any Member considers any other Member has failed
[, within a reasonable period of time to fulfil its obligations
under paragraph 1 of this Article, such Member may refer the
matter to the Organization which [shall make on] after
investigation, shall make appropriate recommendations to the
Members concerned. [The Organization, if it] If the
Organization, taking into account the economic position of a
Member under the Charter as a whole, finds that [a] such Member
has [ without sufficient justification having regard to the
provisions of the Charter as a whole failed] without sufficient
justification to negatiate with such complaining Member, within
a reasonable period of time, in ecordance with riquirements
of paragraph 1 of this Article, the Organization may determine
that the complaining Member, or in exceptional cases the Members
[of the Organization] generally, shall, notwithstanding the
provisions of Article 14, be contitled to withheld from the trade
of the other Member any of the tariff benefits which the com-
plaining Member, or the Members [or the Organization] generally
as the case may be, may have negotiated pursusnt to paragraph 1
of this Article. If such benefits are in fact withheld, so as
to result in the application to the trade of the other Member
of tariffs higher than would otherwise have been applicable,
such other Member shalll then be free, within sixty days after
such action is taken, to withdraw from the Organization upon the
expiration of sixty days from the date on which written notice
of such withdrawal is received by the Organization. The
provisions of this paragraph shall operate in accordance with the
provisions of Article 67." E/PC/T/W/150
page 14.
The United States Delegation comments as follows:
"The changes proposed in paragraph 3 are largely of a
drafting nature. The phrase "within a reasonable period of
time" has been moved so as to make it clear that the Organization,
rather than a complaining Member, would judge whether another
Member was complying with its obligations within a reasonable
time.
Note: The United States Delegation may wish at a later stage
to make certain suggestions for a general regrouping of articles
under Chapter V. Meanwhile, it is proposed that Articles 14,
15 and 24 should in any event be grouped together under a single
section, "
6. It may be questionod whether or not the last sentence of
this paragraph is superfluous.
Suggested new paragraphs
1. The D.C. Report (page 19) quotes a new paragraph suggested
by the delegate for the United Kingdom.
2. The French Delegation proposes the addition of a new
paragraph to read as follows (E/PC/T/W.142):
"4, The Organization shall, as soon as possible, fix the
maximum rate of prtotection, which must not be exceeded by any
Member. This rate may be subject to periodic revision in order
to achieve a progressive reduction in oustoms tariffs.
Exceptions with regard to certain products may be agreed to by
the Organization." |
GATT Library | yv798sk1174 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Annotated Agenda. Prepared by the secretariat, for discussion of chapter V, with the exception of Articles 15 - 23 and 37 of the Draft Charter | United Nations Economic and Social Council, May 13, 1947 | United Nations. Economic and Social Council | 13/05/1947 | official documents | E/PC/T/W.64 and E/PC/T/W/23-81 | https://exhibits.stanford.edu/gatt/catalog/yv798sk1174 | yv798sk1174_90050195.xml | GATT_152 | 2,891 | 19,192 | NATIONS UNIES
ECONOMIC
AND
SOCIAL COUNCIL
CONSEIL
ECONOMIQUE
ET SOCIAL
RESTRICTED
E/PC/T/W.64
13 May 1947
SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT.
ANNOTATED AGENDA
PREPARED BY THE SECRETARIAT, FOR DISCUSSION 0F
CHAPTER V, WITH THE EXCEPTION OF ARTICLES
15 - 23 and 37 OF THE DRAFT CHARTER*
This agenda should be read in conjunction.
with the Report of the Drafting Committee (E/PC/T/34),
called "D.C.Report" below.
It incorporates proposals
as reported to the Secretariat by delegations prior
to noon May 13 (see E/PC/T/DEL/24 and 31.).
*Article 15 - 23 and
the Working Party on
"Annotated Agenda
37 are being considered by
"Technical Articles; of
W.28, and various proposed
UNITED NATIONS
amendments. E/PC/T/W.64
page 2
CHAPTER V. GENERAL COMMERCIAL POLICY.
Section A. General Commercial Provisions,
Most-Favoured-Nations Treatment.
Article 14 - General Most-Favoured-Nation Treatment.
General Note.
The delegates who maintained their suggestion with
regard to the adaptation of preferences within a prefer-
ential system, mentioned under General Comments in the
D.C. Report (page 10), were those for Australia and India,
with the concurrence of the delegate for the Union of South
Africa.
Paragraph 1.
No observation. .
Paragraph 2.
1. The two reservations mentionod in Specific Comments
in the D..C. Report (page 10) wore made by the delegates
for China and Chile respectively. That of the delegate
for Chile is now superseded by the proposal to add a new
paragraph 3 (see below).
2. Sub-paragraph (a) refers to preferences in force
(i) between territories which on 1 Julyr 1939' were connected
by common severeignty or relations of protection or
suzerainty, and ( ii. between territories listed in Annexure
A to the Charter. The following lists have been received:
a list of territories covering the British Common-
wealth (DC. Report page 53),
a list of territories in the French Union (E/PC/T/W.49).
The former of these lists was supplied as referring to
item (ii), and the latter to item (i), of sub-paragraph (a).
Suggested paragraph 3.
The delegations of Chile and Lebanen-Syria propose
the following new paragraph 3 (of.E/PC/T/W.27)
"The provisions of paragraph 1 of the present
Article shall not apply to preferences of ad-
joining countries whose economic development
ïs either inadequate or backward, and which
are, or will become, parties to agreements
designed to promote or accelerats their
economic and industrial development so as
to enable their economies to be mutually
complementary, and to ensure the success of
these industrialization processes which are
of particular reciprocal importance to such
countries." E/PC/T/W.64
page 3.
Section B. Tariff and Tariff Preferences.
Article 24 - Reductoion of tariffs and Eliminmation of Preferences.
Paragraph 1 (b).
The four delegates who maintained their views
that this paragraph should not operate automatically
(D.C. Report, page 18) represented Australia, India,
New Zealand and the Union of South Africa.
Paragraph 2.
No observation.
Paragraph 3.
1. The two delegates who suggested the insertion of
the words "and particularly with regard to Members'
logitimate need for protection" (D.C.Report page 18-19)
represented brazil and Chile.
2. The delegate who wished to consider the definition
of the expression "without sufficient justification"
(D.C.Report, page 19) represented Chile.
3. It is suggested that the last sentence of this
paragraph is superflucus.
Suggested new paragraph.
The D.C. Report (page 19) quotas a new paragraph
suggested by the delegate for the United Kingdom.
Section C. quantitative Restrictions and Exchange Ccntrol.
General Notes to Section C.
1. Study b. the International Monetary Fund and
the International Bank for Reconstruction and
Development.
The following passage is quoted from the Report
of the First Session (page 14):
"It is generally felt that it would be of
great assistance to the wcrk of the Pre-
parater, Committee if the Fund and the Bank
could be invited to study articless 26, 28
and 29 with a view to putting their ccn-
sidered opinion on these issues before tho
Second Session of the Preparatory Committee." E/PC/T/W.64.
page 4.
In accordance with this suggestion, the Fund and
the bank were invited to make such a study to be con-
sidered at the Second Session.
2. Study suggested by the Economic and Employment Commission.
At the 24th meeting of the Drafting Committee (on
February 27, 1947), attention was paid to the Report of
the Ecnomic and Employment Commission (E 255), par-
ticularly with reference to a suggested examination of
the multilateral aspects of world trade and the help
this examination might afford in applying Articles 26,
27 and 28. The Chairman at the meeting in question
"suggested that all members of the Dratfting Committee
should keep in touch with their Governments regarding
the continued work the Economic and Employment Com-
mission and its sub-committees and instructed the
Secretary to follow these developments and to report
to the Second Session in Geneva on the developments
in this respect" (E/PC/T/C 6/90, page 3). A document
dealing with this matter will be distributed.
Article 25 - General Elimination of Quantitative Restrictions.
Paragraph 2 (e).
1. The countries represented by delegates reserving
their position or making suggestions with reference to
paragraph 2 (e), us indicated undor the letters (b)-(g)
in the D.C. Report (page 2C) are identified below:
(b) Belgium-Luxemburg (suggesting addition concerning
seasonal commodities).
(c) Chile ("This paragraph should not be confined to
agricultural and fisheries products").
(d) China (reformulation of 25:2e and reservation on 27:4.).
(e) India (addition and deletion of certain words).
Note by the Secretariat: In line 4 ot this comment
the word "Moreover" should be added before "any
restrictions", and in line 5 "2(e)" should be sub-
stitutad for "2(f)".
(f) Norway ("unable to express an opinion" on reservation
at First Session.
(g) United Kingdom (insertion referring to "directly
competitive product").
Suggested new Paragraph 2 (g).
1. The Indian Delegation proposes the following new
sub-paragraph: E/PC/T/W.64
page 5.
"(g) Prohibition or restriction temporarily applied
to exports to particular countries as a safe-
guard against the effects of inflationary con-
ditions prevailing in those countries."
Cf. also amendment to Article 28, paragraph 1 (b).
2. The delegation of Syrie and Lebanon proposes the
following new sub-paragraph:
"(g): Import prohibitions or restrictions imposed for
the purpose of protecting domestic production".
Tha following reasons for this proposal are presented:
"The provisions ot' Article 25 appear to be incompatible
with the general purposes of the Charter, and, in par-
ticular, with the provisions of Articles 9 and 13, which
make plain the importance of economic development and the
conditions under which governmental assistance should be
extended to such development.
As Syria and Lebanon are among those countries whose
resources are still under-developed, they are obliged to
resort to certain measures of quantitative restriction in
order to protect domestic production or newly established
industries."
Article 26 - Restrictions to Safeguard the Balance of Payments.
General Note.
The Czechoslovak delegation has announced that it may
propose amendments to this Article.
Paragraph 1.
No observation.
Paragraph 2 (c).
The two delegates expressing a preference for the
wording of the First Session (of. D.C.Report, pages 20-21)
represented Chile and Czechoslowakia.
Paragraph 3 (c).
1. The observation on the applicability or sub-paragraph
(a) (D.C.Report,page 21) was made by the delegate for
Australia.
Paragraph 3 (d) .
2. The addition mentioned in the D.C.Report (page 22)
under item (c) was proposed by the delegate of Belgium and
seconded by the delegates of Canada and the United States.
3. The suggestion mentioned in the D.C.Report (page 22)
under item (d) was made by the delegate of the United States.
Paragraph 4.
1. The four delegatas who felt that the text should be
clarified (D.C.Report, page 22) represented Brazil, Chile,
Czechoslovakia and France.
2. The first sentence may be redrafted as follows: "In
giving ... Article, a Member may select imports for re-
striction so as to give priority to imports of products
essential to its domestic ..."
Paragraphs 5 - 7.
No observation. E/PC/T/W.64.
page 6.
Suggested never Article.
The Indian Delegation proposes the Insertion of the
following new article after Article 26:
"26A. Quantitative Restrictions for Protective Purposes
1. Members agree that they will not Impose new or
intensify existing quantitative restrictions on imports
for protective purposes except when such restrictions
are no more restrictive in their effect than other forms
of protection permissible under this Charter, Provided
that no such restrictions shall, except in accordance
with the provisions of paragraph 2 of Article 13, be
applied to any product ln respect of which the Importing
Member country has assumed an obligation through
negotiations with any other Member or Members pursuant
to Chapter V.
2. Any Member, which considers that any other Member Is
applying import restrictions under paragraph 1 in a manner
inconsistent with the terms of that paragraph, may bring
the matter for discussion to the Organization. The
Member imposing restrictions shall then participate in
the discussions of the reasons of its action. The
Organization shall, if it is satisfied that there is
prima facie case that the complaining Members' interests
are adversely affected consider the complaint. It may
then recommend the withdrawal or modification of
restrictions which it determines are bring applied in a
manner inconsistent with the terms of paragraph 1. If
restrictions are not withdrawn or modified in accordance
with the recommendations of the Organization within sixty
days, such other Members shall be released from such
obligations incurred under this Charter towards the
Member applying the restrictions as the Organization may
specify."
(Note: This amendment supersedes the amendment to
Article 13 proposed in New York by the Indian
Delegation of. D.C. Report page 8.)
Article 27 - Non-discriminatory administration of
suantitative restrictions.
General note
The Czechoslovak Delegation has announced that it may
propose amendments to thls Article.
Paragraph 1
No observation. E/PC/T/W. 64.
page 7.
Paragraph 2.
It may be considered whether the words "may seek" in
the second sentence should not read "shall seek", and
the word "however" be added at the commencement of the
third sentence.
Paragraph 3.
No observation.
Paragraph 4.
The reservation (D.C. Report, page 24) was made
by the delegate of China.
Paragraph 5.
No observation.
Article 28 - Exceptions to the Rule of Non-discrimination
General note.
The Czechoslovak Delegation has announced that it may
propose amendments to this Article.
Paragraph 1 (b).
The Indian Delegation proposes the following
change (in connection with a suggested addition of a
new paragraph 2(g) of Article 25) :
for "paragraphs 2(a) (1) or 2(d) of' Article 25",
read "paragraphs 2(a) (1) , 2(d) or 2(a) of Article 25".
Paragraph 2.
It appears that this paragraph, which refers to
remedial action in the case of' breaches of both
Article 27 and 28, might with advantage be given as
a special Article, re-drafted as folloiws :
Article 29 A
Remedial Action in the Event of Breaches of
Article 27 or 28.
1. If the Organization finds, after . . . Fund,
that import restrictions or exchange restrictions
provided under Article 28, or in a manner
shall within sixty days cease the discrim-
inatory treatment or modify It as specified by
the Organization. E/PC /T/W.64.
page 8.
2. A Member may, if it to desires, consult
to obtain its prior approval for discriminatory
treatment ... approval is given, the discrim-
inatory treatment shall not be open to challenge
under this Article.
Paragraph 3.
The countries reprprented by the delegates
objecting to the words "which restricts the expansion
ot world trade' (D.C. Report page 24) were not
identified in the original report of the Drafting
Committee.
Article 29 - Exchange Arrangements.
No observation.
Article 29 A - Suggested New Article.
The proposal to insert a new article after
Article 29 (of. D.C. Report, page 25) was made by the
delegate for China.
SECTION D. - SUBSIDIES.
Article 30 - General Undrertaking regarding Subsidies -
Elimination of Export Subsidies - Exceptions.
Paragraph 1.
No observation.
Paragraph 2.
1. The delegations mentioned under (c) and (d) of the
comments (of. D.C. Report, page 26) represented China
and Chile respectively.
2. It is suggested that three last sentence of sub-
paragraph 2(b) be amend to read :
"The Organization shall then determine . . ."
Paragraph 3.
The delegate mentioned in the D.C. Report
(page 26) as having at the First Session raised the
question of the 'domestic price" represented New
Zealand. E/PC/T/ W. 64.
page 9.
Paragraph 4.
Sub-pararraph (b). The two delegates who
reserved their position on this sub-paragraph
(of. D.C. Report, page 27) represented Canada and
New Zealand.
SECTION E. - STATE TRADING.
Article 31 - Non-discriminatory administration of state-
trading enterprises.
General note.
The Czechoslovak Delegation has announced that it may
propose amendments to this Article.
Paragraph 1.
The reservation referred to ln the D.C. Report
under (b) was made by the delegate for Czechoslovakia
who objected to the inclusion of the words "distribute
or produce" ln the first sentence.
Paragraph 2.
The three delegates reserving their position
against the insertion of the words "or for use in the
production of goods for sale" represented Chile,
Czechoslovakia and New Zealand.
Paragraphs 1 and 2.
Attention Is drawn to the use of the word
"commerce" (three times). In other articles of the
Charter (e.g. Nos. 1, 32, 34, 39, 48, 49, 53 and 61)
the word "trade" is used.
Paragraph 3.
The reservations as to the two alternatives in
the wording of this paragraph were made by the
delegates for Chille, Czechoslovakia and New Zealand.
The last-mentioned the delegates declared their
preference for Alternative A (if they would have to
choose between A and B).
Article 32 - Expansion of Trade by State Monopolies of
Individual Products.
General note.
The Czechoslovak Delegation has announced that it may
propose amendments to this Article. E/PC/T/W. 64.
page 10.
Paragaphs 1 and 2.
No observation.
The words. "from, Members" are placed in square
bracket for consideration at the Second Session
(D.C. Report, pages 28-29).
Article 33 - Expension of Trade by complete State
Monopolies of Import Trade.
The Drafting Committee did not discuss this
Article which the First Session had, left for considera-
tion at a later stage.
SECTION F. EMERGENCY PROVISIONS - CONSULTATION.
Article 34 - Emergency Action on Imports of Particular Products.
Paragraph 1.
The insertion of the words "or remove" in the last
line of this paragraph after the word "prevent", may
be considered.
Paragraph 2.
1. The three delegates who maintained their views that
action should not be permitted without prior consultation
represented. Canada, Chile and Cuba (D.C. Report, page 29).
2. The delegate for Canada also maintained that if
action without prior consultation was permissible,
immediate counter-action should also be premitted
(D.C. Report. pages 29-30).
Paragraph 3.
No observation.
Article, 35 - Consultation - Nullification or Impairment.
Paragrapah 1.
1. The delegate reserving is position temporarily
regarding the words "anti-dumping and countervailing
duties' inserted by the Drafting Committee (of. D.C.
Report, page 30), represented Brazil. E/PC/T/W. 64.
page 11.
2. The delegate supporting the suggestion (made by
several other delegates) to insert the words "without
prejudicing the legitimate business Interests of
particular private or state enterprises" represented
Czechoslovakia.
3. The delegate supporting the remarks made by the
delegate for Czechoslovakia and declaring that If the
words mentioned were not included, he would prefer
restoration of the London text, represented France.
Paragraph 2.
1. It might be appropriate to replace ln the first
line, the words should consider" by considers."
2. The expression ''any object of this Charter" in
line 6 might read "any purpose of this Charter", to
conform with Article 1 and paragraph (d) of Article 61.
SECTION C - RELATIONS WITH NON-MEMBERS.
Article -36 - Contractual Relations with Non-Members.
Treatment of the Trade of Non-Members.
The text of this Article as given in the United
States Draft Charter was left for consideration at a
later stage (of. D.C. Report, page 30).
SECTION I - TERRITORIAL APPLICATION.
Article 38 - Territorial Application of Chapter V -
Frontier Traffic - Customs Union.
Paragraph 1.
The International Monetary Fund may contribute
to the discussion on the implications of this para-
graph on Articles 26, 28 and 29 (of. D.C. Report,
page 32).
Paragraph 2 (b).
The amendment in respect of the Initial
transitional stage of the formation of a customs
union (of. D.C, Report, page 32) was proposed by the
delegate for Chile, supported by the delegate for
Lebanon. E/PC/T/W. 64 page 12.
Paragraph 3.
The delegate suggesting that provision should
be malde for the continuation of his country's special
arrangements with certain neighbouring Islands (of.
D.C. Report, page 32) represented Australia.
Paragraph 4.
1. The two delegates who maintained their reservations
in respect of regional preferences represented Brazil
and Lebanon. The delegates objecting to the applica-
tion of paragraph 3 of Article 66 (of. D.C. Report,
page 32) represented Chile and Lebanon.
2. Attention is drawn to the new paragraph to
Article 14 proposed by the delegates for Chile and
Lebanon (of. E/PC/T/W.27).
3. It may be considered whether this paragraph (which
is not concerned with territorial application) should
not be placed elsewhere in the Charter.
Paragraph 5.
No observation.
General note to Sections F - I.
The Benelux and French delegations (of. W.45) suggest
that the Sections F - I and the elevant Articles 34 - 38
be re-arranged as follows :
Present order : Proposed order :
Section F Section I
G F
H G
I H
Articles 34 and 35 Articles 37 and 38
36 34
37 35
38 36 |
GATT Library | ct992dm8021 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Annotated Agenda prepared by the Secretariat, for discussion of Chapter VI (Articles 39 - 45 Incl.) of the Draft Charter | United Nations Economic and Social Council, May 28, 1947 | United Nations. Economic and Social Council | 28/05/1947 | official documents | E/PC/T/W/132 and E/PC/T/W/125-150 | https://exhibits.stanford.edu/gatt/catalog/ct992dm8021 | ct992dm8021_90050268.xml | GATT_152 | 4,935 | 32,536 | UNITED NATIONS NATIONS UNIES
ECONOMIC CONSEIL RESTRICTED
AND ECONOMIQUE E/PC/T/W/132
SOCIAL COUNCIL ET SOCIAL 28 May 1947.
SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT.
ANNOTATED AGENDA
PREPARED BY THE SECRETARIAT, FOR DISCUSSION
OF CHAPTER VI (ARTICLES 39 - 45 INCL..)
OF THE DRAFT CHARTER.
This Agenda should be read in conjunction with the Report
of the Drafting Committee (E/PC/T/34) called "D.C. Report"
below. It incorporates proposals put forward by Delegations
in the Drafting Committee as noted in the commentary of the
D.C. Report and proposals reported to the Secretariat by
Delegations by Tuesday, May 27th. (See E/PC/T/Del./24 and 31;
E/PC/T/W. 54; E/PC/T/w.117; E/PC/T/w.118; E/PC/T/w.120;
E/PC/T/w. 122; E/PC/T/W.126; E/PC/T/W. 130; E/PC/T/W. 131).
CHAPTER VI, RESTRICTIVE BUSINESS PRACTICES*
General. Notes.
1. The reservation against the exclusion of services
mentioned in the D. C. Report, (page 34 under "General Comments",
item (a)), was made by the delegates. for Brazil, Chile, Cuba
and India. This reservation had been stated in the First
Session in the following manner (of. E/PC/T/C.III/W.5):
"1. The Brazilian, Chilean and Cuban Delegations
suggested that the provisions of this Chapter be
extended to cover services.
The Indian Delegation has stated that this Chapter
will have no meaning for India if the question of
restrictive business practices relating to services
such as shipping, insurance and banking is excluded."
2. The Czechoslovak Delegation has expressed its adherence to
this reservation (of E/PC/T/w/117).
3. The opinion that services fall under the terms of reference
of the Preparatory Committee, mentioned in the D.C. Report,
(page 34 under "General. Comments" item (a) , 2nd sentence) , was
voiced by the delegate for Cuba.
*Where possible underlining has been used to indicate proposed
additions, and square brackets to indicate proposed deletions.
TIONS UNIES E/PC/T/ W/132
page 2.
4. The reservation regarding compulsory registration of
restrictive business practices, mentioned in the D.C. Report,
(page 34 under "General Comments" item (b)), was made by the
delegates of Brazil and Chile and seconded by the Delegation
of Czechoslovakia, who re-affirmed this reservation in
Document E/PC/T/W.117. This reservation had been stated in
the.First Session in the following manner: (of. E/PC/T/C.III/W.5.
"2. The Brazilian and Chilean Delegations suggested that
consideration should be given to the possibility of
establishing some form of procedure for the registration
with the International Trade Organization of international
combinations, agreements or other arrangements as defined
in Article 39, paragraph 2 (a). The Brazilian Delegation
feels, moreover, that some degree of publicity should be
given to the results of such a procedure."
Article 39 - Policy towards Restrictive Business Practices.
Paragraph 1
1. The suggestion regarding the reference to economic
development, mentioned in the D.C. Report, (page 34 under
paragraph 1), was made by the delegate of Brazil.
2. The Canadian D.legation proposes the following revision
of this paragraph (of. E/PC/T/W.126):
"1. Members shall take appropriate measures, individually
or through the Organization or in both ways, to prevent
business practices affecting international trade [which
restrain competition whenever such practices
(a) limit access to markets, [or] foster monopolistic
control or otherwise restrain competition in international
trade [whenever such practices]; and
(b) have or are about to have harmful effects on the
expansion of production and or trade [abd the maintenance
in all countries of high levels of real income] or [impair]
interfere with the realization of any of the purposes of
the Organization as set forth in Article 1; and
[(1)] (c) [They] are engaged in or are made effective
by one or more public or private commercial enterprises
or by a combination, agreement or other arrangement between
commercial enterprises, whether between private commercial
enterprises, between public commercial enterprises, (i.e.,
trading agencieis of governments or enterprises in which
there is effective public control), or between private and
public commercial enterprises; and if such commercial
enterprises, individually or collectively, [possess
effective control of] substantially control or influence
trade among [a number of] two or more countries in one
or more products."
3. The Delegation of Belgium proposes the following revision
of this paragraph (of. E/PC/T/W.130):
"1. Members shall take ... to prevent the continuance or
the recurrence of business practices ... whenever such prac-
tices have harmful effects on the[expansion of production...
as set forth in Article 1.]achievement of the purposes of
the Charter, as set forth in Article 1, E/PC/T/W/132.
page 3.
Paragraph 2.
1. The inclusion of the words "in accordance with .... etc.",
mentioned in the D.C. Report (c.f. page 34, under paragraph 2) was
made on the motion of the delegate of France.
2. The reservation in regard to the insertion of the words
"public or", mentioned in the D.C. Report (cf. page 34, paragraph
2 (a), item (b) last sentence), was made by the delegato of the
United Kingdom.
3. The reservations regarding the inclusion of public commercial
enterprises mentioned in the D.C. Report, (cf. page 34 under para-
graph 2 (a), item (c), were made by the delegates of Brazil and
China.
4. The reservation that the change in this paragraph constitutes
a substantive amendment, mentioned in the D.C. Report, (cf. page 34
under paragraph 2 (a), item (d)), was made by the delegate of Chile.
5. The Delegation of the United States of America proposes the
following revision of this paragraph (cf. E/PC/T/W.122)
"2. Without limiting the generality of paragraph 1 of this
Article, the practices listed in paragraph 3 below shall be
subject to investigation in accordance with the procedure
[ with respect to] regarding complaints provided [ by the
relevant Articles] in this Chapter [ if the Organization con-
siders them, to have or to- be] in order that the Organization
may determine, in any particular instance. whether such
Practices have or are about to have any of the [harmful]
effects [ enumerated] described in paragraph 1 of this
Article, whenever"
6. The Delegation of Canada, suggesting to reverse
the present sequence of paragraphs 2 and 3, proposes the following
revision of the present paragraph 2 (cf. E/PC/T/w.126)
" [2] 3. [Without limiting the generality of paragraph 1 of
this Article, the practices listed in paragraph 3 below]
Any practices which are alleged, under Article 40, to be as
described in paragraphs 1 and 2 of this Article shall be
subject to investigation, in accordance with the procedure
[ with respect to] regarding complaints provided [by the
relevant Articles of] for in this Chapter, [if the Organiza-
tion considers them to have or to be about to have any of the
harmful effects enumerated] in order that the Organisation may
determine, in any particular instance, whether these or related
practices are as described in [paragraph 1 of] this Article
[ whenever]."
Paragraph 2(a) and 2 (b).
Delete these sub-paragraphs, which are incorporated in
paragraph .1 (c)) of the Canadian revision."
7. The Delegation of Czechoslovakia proposes the deletion of
the words "or to be about to have" in line 7 of the present text
of this paragraph (cf. E/PC/T/W/118). E/PC/T/W/132.
page 4.
8. The Delegation of Belgium proposes the insertion of the
following new clause after sub-paragraph (b) of this paragraph
(of. E/PC/T/W.130):
"Nevertheless, the practices enumerated in paragraph 3,
sub-paragraphs (e), (f) and (g) shall be presumed to have
the harmful effects described in Article 1, unless proof to
the contrary is furnished in any specific case".
9. The Delegation of Brazil proposes the addition of the
following clause (cf. E/PC/T/W. 54):
"The international combinations, agreements or other arrange-
ments between enterprises referred to in Article 39, sub-para-
graph 2 (a) shall, unless previously registered with the Inter-
national Trade Organisation, be presumed to have harmful. effects.
Registration of such combinations, agreements or other arrange-
ments shall be accorded. some degree of publicity, due regard
being paid to the legitimate interests of the enterprises con-
cernad".
Paragraph 3.
1. The Delegation of Canada, renumbering this paragraph as
paragraph 2, (cf. above) proposes the following revision (of.
E/PC/T/W.126)
"[3] 2. The practices referred to in paragraph [2] 1 (a) [are
as follows] shall include the following :
(a) . . .
(b) . . .
(c) . . .
(d) . . .
(e) . . .
(f) . . .
2. Sub-paragraph (c) The Delegation of Belgium proposes the
following revision of sub-paragraph (c) of this paragraph (cf.
E/PC/T/w. 130) :
"(c) Discriminating against particular enterprises [whether by
boycott or otherwise]"
3. Sub-paragraph (e) The Delegation cf the United States of
America proposes the following rewording of sub-paragraph (e)
(of. E/PC/T/W.122):
"3(e) [Suppressing] Agreeing with others to prevent the applica-
tion or development of technology whether patented or unpatented;
and
4. Sub-paragraph (e) The Delegation of Belgium proposes
to substitute the words "and boycotting particular enter-
prises" for the present text of sub-paragraph (e) (cf.E/PC/T/W.130)
5. Sub-paragraph (f) The Delegation of the United States of
America proposes to revise the wording of sub-paragraph (f) as
follows (cf. E/PC/T/W.122) : E/PC/T/W/l32.
page 5.
"3(f) Extending the use of rights under patents, trade marks
or copyrights, granted by Members to matters which they
determine not to be properly within the scope of authorized
grants/ such grants or to products or conditions of production,
use, or sale which they determine are not to be the immediate
subjects of the authorized grant such grants."
6. Sub-paragraph (f). The Delegation of Belgium proposes
deletion of the present text of sub-paragraph (f) and insertion in
its place of the present text of sub-paragruph (e). (ef. E/PC/T/
W.130).
7. Sub-paragraph (f). The reservation regarding the technical
character or sub-paragraph (f), mentioned in the D.C. Report,
(p.35, item (b) under paragraph 3(f)), was made by the delegate of
the Netherlands.
Article 40 - Procedure with respect to complaints and conferences.
General Notes:
1. The reservation mentioned in the D.C. Report (page 35,. under
General Comments, item (a)) was made by the delegate for the
Netherlands.
2. The rearrangement and partial re-draft of Article 40,
referred to in the D.C. Report (page 35 under General Comments,
item (b) ), was introduced by the delegate for Australia, who
proposed the following text (cf. E/PC/T/C.6/W.45):
"Article 40
[Members agree that the Organization shall (a) arrange
if it considers such action to be justified, for particular
Members to take part in a conference requested by any Member
who considers that any particular practices exist which have
or are about to have the effect described in paragraph 1 of
Article 39.]
1.. Any Member which considers that any particular practie:
exist which have or are about to have the effeets described
paragrapah 1 of Article 39 may request the Organization to
arrange a conference and the Organization may request partioc
Members to participate in such a conference.
(b) consider each written complaint submitted by any Member
or submitted with the authorization of a Member by any affected
person, organization or business entity within that Member's
jurisdiction, claiming that particular practices exist which
have or are about to have the effect described in paragraph 1
of Article 39, and prescribe the minimum information to be
included in such complaints
2. Any Member so with the authorization of a Member any
affected person,Organization or business entity within that
Member's juridiction may complain to the Organization that
particular practices exist which have or are about to have the
effects described in paragraph 1 of Article 39. The organ-
ization shall prescribe the minimum information to be. included
in such complaints.
(c) consider, and request each Member concerned to furnish E/PC/T/W/132.
page 6.
such information as the Organization may deem necessary,
including, for example, information or data from commercial
enterprises within its jurisdiction and then determine
whether further investigation is justified.
3. The Organization shall consider any such complaint,
shall consider, and request each Member concerned to furnish,
such information as the Organization may deem necessary, and
shall determine whether further investigation is justified.
NOTE: The following amendments are based on the London.
text.
4 d. If it is considered. If the Organization in
accordance with paragraph 3 determines that further investig-
ation is justified it shall
(a) notify all Members of each such the complaint,
request the complainant or any Member to provide such inform-
ation relevant to the complaint as it the Organization may
deem necessary; and conduct or arrange for hearings, at
which any member and the parties alleged to have been engaged
in the practice will have shall be given opportunity to
be heard;
(b) [e. review] After reviewing all information available
and same to its findings determine whether the practices
in questions exist and whether they have had or are about to
have have the effect the effects described in paragraph 1 of
Article 39;
(A) f. reporrt transmit to all Members the findings reached
and the information on which such findings are base its
determination together with a full report on the reasons there-
for;
(d) if it finds if it determines that the practices have
had, or are about to have, the effects described in paragraph 1
of Article 39 request each Member concerned to take every
possible action to prevent the occurrence, continuance or
recurrence of the practices and at its discretion if it
considers it desirable recommend to the Members concerned
remedial measures to be carried out in accordance with their
respective laws and procedures;
(g) Request all Members concerned to report fully the action
they have taken to achieve these results.
(e) h prepare and publish, as expeditiously soon as
possible after inquiries have been complete a full report
s on all complaints each complaint dealt with under sub-
paragraph d this paragraph showing fully the findinngs
reached, the information on which such findings are based and
the action which Members concerned have been recommended to
take containing the determination made, the reasons therefore
and any recommendations made to Members; provided that
Publication of such reports or of any portion thereof may be
withheld if it deems this course justified the organization
(i) may if it deems it desirable withhold from, publication the
whole or any part of such report; E/PC/T/132
page 7.
provided also that the Organization
.and (ii) shall not if a Member so requests disclose to any
person confidential information furnished by that Member
whichwould materially damage the legitimate business
interests of a commercial enterprise; and
(f) i report transmit to all Members and if it deems it
desirable publish make public if it is deemed desirable a report
setting forth the action which has been taken by the Member
concerned to achieve the results described in sub-paragraph f
in responses to requests or recommendations made under sub
paragragph (d)."
NOTE: As a consequence Article 42 (5) would be amended by deleting
the words "as requested by the Organization under sub-
paragraph (g) of Article 40."
3. The Delegation of the United States of America proposes the
following re-arrangement and re-draft of this Article
"Article 40: Procedure with Respect to Complaints and
Conferences
1. The Organization shall (a) arrange, if it considers such
action to be justified, for particular Members to take part in
a conferance consultation requested by any Member-which
considers that any practices exist which have or are about to
have the effect described in paragraph 1 of Article 39.
(b) 2. The Organization shall prescribe the minimum
information to be included in complaints claiming that
particular practices exist and have or are about to have the
effect Described in paragraph 1 of Article 39.
(b) (c) 3. In order to decide whether an investigation of
a complaint is justified, the Organization shall consider
each written complaint submitted by any Member or submitted with
the authorization of a Member by any affected person,
organization or business entity within that Member's
jurisdiction claiming that particular practices exist and have
or about to have the effect described in paragraph 1 of Article
39; if the Organization dooms that furthor information is
necessary before such decision can be reached, it shall request
each Member concerned to furnis such information as the
Organization may deem necessary supplementary information,
including for example information or data from commercial
enterprises within its the jurisdiction of the Members
concerned review all relevant information ; and then
determine decide whether an investigation is justified.
(d) 4. If it considers that the Organization decides
that an further investigation is justified, it shall notify
all Members of each such the complaint, request the
complainant or any Member to provide such additional
information relevant to the complaint as the Organization may
deem necessary, and shall conduct or arrange for hearings on the
complaint. Provided that any Member and the Any Member as
well as the parties alleged to have engaged in or to have been
affected by the practice complained of shall have the be b
affordedreasonablel opportunity to eoheard at such hearings.. E/PC/T/W/132
page 8.
5. The Organization shall review all information available
and determine whether the practices in question have or are
about to have the effect described in paragraph 1 of Article
39.
6. The Organization shall report fully to all Members its
determination and the reasons therefor.
2. (a) 7. If the Organization finds determines that
the practices in question have had or are about to have the
effect described in paragraph 1 of Article 39, it shall request
each Member concerned to take every possible action to prevent
the continuance or recurrence of the such practices, and
may recommend to the Members concerned specific remedial
measures to be carried out in accordance with their respective
laws and procedures.
2. (b) 8. The Organization shall request all Members
concerned to report fully on the action they have taken to
achieve these results to prevent the continuance or
recurrence of the practices in question.
2. (c) 9. prepare and publish has soon as possible after
its enquiries concerning any complaint dealt with under
paragraphh 1 (d) paragraphs 3 to 6 have been provisionally
or finally closed, the Organization shall prepare and publish
reports on all complaints. . a report showing fully its
the decisions, findings determinations or other conclusions
reached, the reasons therefor and any action which the
Organization has recomended to the Members concerned
Provided. However, (i) publication of such reports or
any portion therof may be witheld if it deems this c ourse
justified; and (ii) the Organization shall not, if a Member
so requests, disclose confidential information furnished by
that Mamber which would materially damage the legitimate
business interests of a commercial enterprise.
2. (d) 10. The Organization shall report to all Members
and make public if it dreams desirable, the action actions
which has have been taken by the Members concerned to
realize the purposes described in paragraph 2 (c) to preventent
the continuance recurrence of the practices in question.ion
4. The eaaagetiof Czechoslovakia has stated its its opinion
thatethu Charter should nexclude the hG possibilitf or taking a
case to thu entzrnational Courf or Juseiafter ur final decision
of the argenization aboat u complaint under Arteclc 40
Sub-paragraph (a)>g"(a )
egation gution or Canada proporevise this u thia aub-pcregraph
by substituting theaword "us"' sor thivwhichs wveic havo or
cru abouteto eaeffect" in lines 5 and 6, and by6, und
g the words "paragraph 1 of" in line 6 of the New thu Nu
xt. (of t. (cf'. W/PC/T/v.126. p. 4) E/PC/T/W/132
page 9
2. Sub-paragraph (b) The reformulation of sub-paragraph (b),
mentioned in the specific comments of the D. C. Report ( page 35 )
was proposed by the Delegations of France and the United
Kingdom. The Delegation of the United kingdom has re-affirmed
its reservation against the formulation of the Drafting Com-
mittee (of. E/PC/T/W/131).) p
Sub-paragraph (c) The Canadian Delegation propreviseo raise
this sub-paragraph by substituting the words "as" for the words
which have or are about to have the"effectI in lines 6 and 7,
and by deleting the woragraph 1nrlgraP line n tlne 7 of the
p I. York Teof. E (f.E/PC/T/W.126, .age 4)p
paragraph (c) The Canadian Delegation- proposes to insert
in line 3 of the New York comma after the word "necessary"ord arcesary"
rand to delafterhe commra "including".d teineludrng" (cf.
page 4).
5. Sub-paragraph (a) The Belgian Delegation proposes the deletion
or ahe words "or "re about to have" in line 3 kf the New Yort
TTxW.130).r/FC/Caandian Delegation proposesaton proposed
substetuitio oare as"ofds tre as"s t"r 'he wabout5or are 3bOUt
to have" in the same place, and deletion of the words "Para-
graline ot in l(ne 4 (cf. E/PC /T/W.126, page 4).
Bsns lrcics
Paragraph 2.
e Canadian Delegation proposes the deletion tion proposes to sub-
e itutf the words asrhave had or are rds "hnvi t hed |oare
ab" in lines the effactIy delete the and 4 and to d Ulete the
n line paragraph 1 of` in lîne of.f the New York Text (ets
S S EtC/T/E.126" 4) .
2. Sub-DaragraDh (a) The Belgian Delegation proposes to sub-
É- t st the- word "c"onclusion" for the word determination"
in lines 1 and 2, to delete the wor"s "or are about to heve"
in lines 3 or 4f any to insert the words "of the misuse"
after the word "recurrence" in line 7 of the New York Text
(o cS ./PC/T/Vlt. ) .
3, Sub-_lgianraph LOI The BeiFria Delegation proposes to delete
ndings ds "decisions,fïiIl ing or others in line 5 of the New
/W.k Text. ( of. E/PC/T1ii130) .
e Articg to Restrictiverelatin?.,to Be.(strict
P Business Fractices.
The Delegatîon of the United States of America proposes the
following r (of. E/PC/T/W.122)icle(t / ;r)
Paragraih 1.
. iArtRcle 41: Studees Eelating to e.stPictive Businoss Fractices.
1i Thy Organizatîon maS is authorised
(a) to either studies, ciinitiative or at înitiativp, or et
theemberst or any M,organ or of any orean of the United
Nations or of any specialised agency brought into E/PC/T/W/132
page 10
relationship with the United Nations intergovernmental
organization, relating to
(i) types of restrictive business practices in inter-
national trade; and
(ii) conventions, laws and procedures concerning, for
example, incorporation, company registration,
investments, securities, prices,markets, fair
trade practices, trade marks, copyrights, patents
and the exchange and development of technology,
insofar as they are relevant to restrictive
business practices;
(b) to request information from Members in connection with
such studies."
Paragraph 2.
"2. The Organization may
(a) make recommendations to Members concerning such conven-
tions, laws and procedures as are relevant to their
obligations under this Chapter; and
(b) arrange for conferences of Members for purposes of
general consultation on discussion of any matters
relating to restrictive business practices."
Article 42 - Obligations of Members
GENERAL NOTE.
The Delegation of the United States of America proposes the
following re-arrangement and re-formulation of this Article
(of. E/PC/T/W.122, pages 11 seq):
"Article 42: Obligations of Members.
1. In order to implement the preceding Articles of this Chapter
Each Member shall take all possible steps by legislation or
otherwise to forbid and prevent ensure, within its juris-
diction, the private and public commercial enterprises
within its jurisdiction do not engage in practices by private
or public commercial enterprises which have the effect des-
cribed in paragraph 1 of article 39, and generally shall
assist other Members and the Organization in preventing
practices which have the effect described in paragraph 1 of
Article 39 such practices, these measures to be taken in
accordance with the perticular the Member's system of law
and economic organization of the country concerned
2. Each Member shall establish procedures to deal with for,
authorizing complaints, conducting investigations and
preparing information and reports requested by the Organization. E/PC/T/W/132
page 11
3. Each Member shall furnish to the Organization, as promptly
as possible and to the fullest extent practicable such
information as is requested by the Organization under
paragraphs 1 (c), (d) and 2(b) of Article 40 and under
paragraph 1(a) of Article 41 for its consideration and its
investigation of complaints and for its conduct of studies,
provided that the any member
(a) may withold confidential information relating to
its national security;
(b) on proper notification to the Organization, may with-
hold information which is not essential to the
Organization ihiundertaking an adequate investigation
and which, if disclosed, would materially damage the
legitimate business interests of a commercial enter-
prise. In notifying the Organization that it is with-
holding information pursuant to this clause, the
Member shall indicate the general character of the
information withheld.
4. Each Member shall take fullest account of the Organization's
determinstions, requests and recommendations made under
paragraph 2(a) of Article 40 on the basis of its investiga-
tions and determine and initiate appropriate action in
accordance with its the Member's system of law and
economic organization to prevont within its jurisdiction
the continuance or recurrence of any practices which the
Organization finds to have had the effect described in
paragraph 1 of Article 39.
5. Each Member shall report, as requested by the Organization,
under paragraph 2(b) of Article 40, the any action taken,
independently or in concert with other Members, to implement
recommendations made by the Organization under paragraph
2(a) of Article 40, and in cases in which when no
action is has been taken, to explain to the Organization
the reasons therefor and discuss the matter further with
the Organization if requested to do so.
6. Take part in consultations and conferences upon the
roquest of the Organization. I n accordance with para-
graph 1(e) of Article 40 and paragraph 2(b) of Article 41.
1. Sub-paragraph (a) The Delegation of Canada proposes
the following changes in the New York Text of this Sub-
paragraph (of. E/PC/T/W.126).
In lines 4 and 5, delete the words "which have the
effect".
In lino 5, delete the words paragraphh 1 of".
In line 9, substitute determinen" for "determined".
In lines 13 and 14, substitute the words "finds are
as" for the words "'find to have had or to be about to
have the effect". E/PC/T/W/132
page 12
In line 15, delete the words "paragraph 1 of".
2. Sub-paragraph (b) The Delegation as Belgium proposes
the following changes in the New York text of this
sub-paragraph (of. E/PC/T/W.130):
For "determinations" substitute "conclusions",
in line 2.
After the word "recurrance" edd the words "of
the misuse", in line 7.
Delete the words "or to be about to have" in
lines 8 and 9.
Paragraph 2
1. Sub-paragraph (a) The Canadian Delegation proposes
the following changes; in this sub-paragraph
(of. E/PC/T/W.126, page 5):
In line 5, substitute the words "are as" for
the words have the affect".
In lines 5 and 6, delete the words paragraphh 1
2. Sub-paregraph (b) The Canadian Delegation proposes
the following changes in this sub-paragraph
(of. E/PC/T/W.126, page 5):
In line 4, substitute the words "are as" for the
words "have the effect".
In line 5, delete the words "paragraph 1 of".
3. Sub-paragraph (c) The Delegations of Belgium and
Czechoslovakia propose the following change in (ii)
of this sub-paragraph (of. E/PC/T/W.120 and E/PC/T/W.130);
Delete the words which is not essential to the
organization in undertakingh an adequate investigation",
in lines 2, 3 and 4.
4. Sub-paragraph (c) The three Delegations who recorded
a reservation against insertion of the words "which is not
essential. .. adequate investigation and",(of . D.C.
Report page 37, item (b) under paragraph.2 (c).(ii))
were the delegates of Belgium; France and Luxembourg.
5. Sub-paragraph (d) The Delegation of Canada proposes to
substitute the words "inform the Organization of" for the
words explain to the Organization" in line 7 of the New
York Text (of. E/PC/T/W.126, page 5).
6. Sub-paragraph (e) The Delegate who reserved his position
against Insertion of the reference.to A.40 (cf. D.C. Report,
page 37 under paragraph 2(e)), was the Delegate of the
United Kingdom. E/PC/T/W /132
page 13
Article 43 - Supplementary enforceament arrangements.
No observations.
Article -44 - Continued effectiveness of domestic
measures against restrictive business practices.
No observations.
Article 45 - Exceptions to the Provisions of this
Chapter
GENERAL NOTES
1. The Delegation of the United Kingdom proposes
the following revision of this Article (of. E/PC/T/W.131):
"Exceptions to Provisions of this Chapter
1. Subject to any inter-governmental conventions or
arrangements which may jereafter be concluded pursuant
to Article 61 (c), the undertakings expressed in Chapter
VI shall not apply to:
(a) Inter-governnental commodity agreements meeting
the requirements of Chapter VII;
(b) the international agreements excepted in Article
59; or
(c) agreements or understandings concerning railway
transportation, aviation, shipping and telecommunica-
tion or other services.
2. Notwithstanding the foregoing, the Orgnnization
may in its discretion make recommendations to Members
and to appropriate international agencies concerning any
features of the agreements referred to in paragraph 1
(b) of this Article which may have the effect described
in paragraph 1 of Article 39."
2. The Delegation of Australia. proposed in the
Drafting Committee the following re-arrangement and
revision of this Article (of. E/PC/T/C.6/W.45);
. (b) the international agreements excepted in
Article.59 provided that (2) notwithstanding the
foregoing / the Organization may at its descretion
make recommendations to Members end to appropriate
inter-governmental organizations concerning any
features of agreements referred to in sub-paragraph
(i) (b) such agreements which may it considers
have the effects described in paragraph (i) of
Article 39." page 14 E/PC/T/W/132
Paragraph 1
The reformulation of paragraph 1(c) of Article
40 of the United Stetes Draft Charter, which Article
corresponds to Article 45 of the New York Text, was
proposed by the Delegation of Chile (of. D.C. Report,
page 37)
Paragraph 2
The Delegation of Canada proposes the following
changes in the New York text of this paragraph
(of. E/PC/T/W.126, page 5):
In line 6 and 7, substitute the words appear
to the Organisation to be practices as" for the words
may have the effetc".
In line 7, delete the words "paragraph 1 of". |
GATT Library | mp789zg6037 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Annotated Agenda. Prepared by the Secretariat for the Discussion of Chapter III | United Nations Economic and Social Council, May 20, 1947 | United Nations. Economic and Social Council | 20/05/1947 | official documents | E/PC/T/W/87 Rev. 1 and E/PC/T/W/82-124 | https://exhibits.stanford.edu/gatt/catalog/mp789zg6037 | mp789zg6037_90050219.xml | GATT_152 | 2,533 | 16,993 | UNITED NATIONS NATIONS UNIES RESTRICTED
ECONOMIC CONSEIL
AND ECONOMIQUE E /PC/T/W/87 Rev. 1 *
SOCIAL COUNCIL ET SOCIAL 20 May 1947
SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT
(1)
Annotated Agenda
Prepared by the Secretariat for the Discussion of
(2) Chapter III
CHAPTER III
EMPLOYMENT, EFFECTIVE DEMAND AND ECONOMIC ACTIVITY
The Delegation of Cuba proposes that the title of the
chapter be redrafted to read as follows (E/PC/T/W/95):
"Demand, Production and Employment"
The Delegation of the United States of America proposes
that the title of this chapter be revised to read as follows
(E/PC/T/W/86 ):
"Production, Employment and Effective
Demand and Economic Activity " (3)
Article 3 - Importance of Employment in Relation to the Purposes
of this Charter
The Delegation of the United States of America proposes
that the title of this article be revised to road as follows
( E/PC/T/W/86):
"Importance of Production, Employment and
Demand in Relation to the Purposes of this
Charter"
(1) Incorporating proposals put forward by Delegations as noted
in the commentary on the Report of the Drafting Committee and
as reported to the Secretariat by Delegations prior to 10.30
e.m., May 19. (see E/PC/T/DEL/24 and 31; E/PC/T/W/83;
E/PC/T/71 and 71 Add.1). A revision of the section of the
original paper relating to Chapter IV wiill be issued shortly
(See last paragraph E/PC/T/71 Add. 1).
(2) In accordance with previous practice it is suggested that the
discussion of Chapters I and Il by deferred in order that
they might be considered in conjunction with Chapter VIII
to which they particularly relate.
(3) Where possible; underlining has been used to indica to
proposed additions and square brackets to indicate proposed
deletions.
* The earlier unrovised edition of this paper relating to
Chapter IV as well as III was erronorly designated as
E/PC/ T/70. E/PC/T/W/87 Rev. 1.
Page 2.
The Delegation of Cuba proposes the addition of the fol-
lowing new paragraph at the beginning of this article (E/PC/T/W/95) :
"1. (a) The Members recognize the interde-
pondence of demand, production and employ-
ment in the achievemont and maintenance of
economic stability.
" (b) The Members recognize that the
achicvement and maintenance of large and
growing demand, high and stable production
and useful employment opportunity are the
rosponsibility not exclusively of govern-
ments but of all sections of society acting
in cooperation. "
The Delegation of Czechoslovekia may submit observations
or amendments releting to the present text of this article.
Paragraph 1
Under the above-mentioned proposal of the Delegation of
Cuba, this paragraph would bocome number 2.
The Delegation of Naw Zealand proposes the following
revision of this paragraph (E/PC/T/W/96):
"The Members recognize that the avoidance of un-
employment or underemployment through the
achievement and maintenance in each country
of useful employment opportunities for those
able and willing to work, and of a high and
steadily rising effective demand for goods
and sorvices is not of domestic concern alone
but is a necessary condition for the expan-
sion of international trade realization of
the purposes of this Charter, for the well-
being of other all countries, and in
general for the realization of the purposes
of this Charter expansion of international trade."
The Delegation of the United States of America proposes
the following changes in the text of this paragraph (E/PC/T/W/86):
"The Members recognize that the avoidance of
unemployment or under-employment through the
achievement and maintenance in each country
of a high and stable level of production, of
useful employment opportunities for those able
and willing to work, and of a high large
and steadily rising growing volume of of-
fective demand for goods and services is not of
domestic concern alone, but is a necessary condi-
tion for the expansion of international trade,
for the well being of other countries, and in
general for the realization of the purposes of
this Charter," E/PC/T/W/87 Rev. 1.
page 3.
(4)
The Secretariat would point out that, in the D.C. Report,
the objective in respect of "effective demand" is stated in
different terms in this paragraph (line 6 - "high and steadily
rising") and in paragraph 1(b) of Article 1 (lines 4 and 5 of
subparagraph b - "high and steadily rising levels") as compared
with the expression of this objective in paragraph 1 of
article 4 (line 3 - "high and stable levels"). Since the
objective would seem to be the same in all three cases, it
would appear to be desirable to employ uniform language to
express that objective. The Preparatory Committee may wish
to determine at this stage whether it would be desirable to
adopt a single version of this objective to be used throughout.
Paragraog 2
Under the above-mentioned proposal of the Delegation of
Cuba this paragraph would become number 3. The Delegation of
Cuba would propose that this paragraph be revised as follows
(E/PC/T/W/95 ):
" Members agree that while the achievement and main-
tenance of effective demand high and stable
production and useful employment opportunities based
upon a large and growing demand must depend pri-
marily on domestic measures, such measures should
be assisted by the regular exchange of information
and views among Members, and, so far as possible
should be supplemented by international action
sponsored by as stipulated in the Charter or to be
agreed upon and to be carried out under the sponsorship
of the Economic and Social Council of the United
Nations, and carried out in collaboration with
the appropriate intergovernmental orgarnizations
acting within their respective spheres and consistently
with the terms and purposes of their basic instruments.
"Members furthermore agree that the regular inter-
change of information and views among Members with
respect to possible cooperation is indispensable and
should be facilitated by the Organization."
The Delegation of the Netherlands proposes the following
revision of this paragraph (E/PC/T/W/94);
"Members agree that, while the achievement and
maintenance of effective demand and employment
must depend primarily on domestic measures, such
measures should be assisted by the regular ex-
change of information and views among Members
and, so far as possible, should be supplemented
by concerted action among Members whose sub-
stantial interests are affected, sponsered by
the Economic and Social Council of the Unïted
Nations and carried out in collaboration with
(4) The expression "D.C. Report" as used in this document
represents the Report of the Drafting, Committee
(E/PC/T/34). E/PC/T/W/87 Rev. 1.
page 4.
the appropriate inter-governmental organiza-
tions acting within their respective spheres and
consistently with the terms and purposes of their
basic instruments. "
The Delegation of New Zealand proposes the following revi-
sion in the text of the first two lines of this paragraph
( E/PC/ T/W/96 ):
"Members agree that, while the achievement and
maintenance of high and steadilyy rising levels of
effective demand and ..."
The Delegation of the United States of America proposes
the following revision of this paragraph (E/PC/T/W/86):
"Members agree that, while the achievement and
maintenance of high and stable production, useful
employment opportunities, and large and growing
effective demand and employment must depend
primarily on domestïc measures, such measures
Should be assisted by the regular exchenge
interchange of information and views among Members
and, so far as possible should be supplemented by
international action to be agreed upon sponsored
by and to be carried out under the sponsorship of
the Economic and Social Council of the United
Nations and carried out in collaboration with
the appropriate intergovernmental organizations
acting within their respective spheres and con-
sistently with the terms and purposes of their
basic instruments."
Article 4 - Maintenance of Domestic Employment
The Delegation of the United Stetes of America proposes
that the title of this article be revised to rend as follows
"Maintenance of Domestic Production
Employment and Demand"
The Delegation of Cuba desires to support the revisions
in this article proposed by the Delagation of the United States
of America (in E/PC/T/W/86) but suggests that in paragraph 2
the words "seek to" before "avoid" should be deleted (E/PC/T/W/95).
Paragraph 1
The Delegation of Czochoslovakia may submit observations
or amendments relating to this paragraph.
The Delegation of New Zealand proposes that, in the third
line of the present text of this paragraph, the words "high
and stable levels" should be deleted to be replaced by "high
and steadily rising levels" (E/PC/T/ViW96).
The Delegation of the United States of America proposes the
following revision in the text of this paragraph (E/PC/T/W/86): E/PC/T/W/87.Rev.1
Page 5
'Each Member shall take action designed to achieve
and maintain full and productive employment and
high and stable levels of effective large and
growing demand within its own jurisdiction, through
measures appropriate to its political, economic and
social institutions."
Concerning the expression "high and stable levels of
effective demand." (line 3) in the D. C. Report, please see
the observation above relating to similar expression in
paragraph 1 of Article 3.
Paragraph 2
The Delegation of the United States of America proposes the
following revision in thext of this paragraph (E/PC/T/W86):
"Measurec to sustain production, employment and de-
mand shall be consistent with the other purposes
and provisions of this Charter and in the choice
of such measures each Members Members shall seek to
avoid measures which would have the effect of creat-
ing balance-of-payments difficulties for other
Members."
Article 5 - Fair Labour Standards
The reservation mentioned in the commentary of the D. C.
Report (page 6) was made by the Delegate of China.
The Delegation of Cuba proposes the following revision in
"Each member, reconiging that all countries have
a commen interest in the achievement and maintenance
of fair laboex standards, related to national pro-
ductivity, shall take whatever action may be ap-
propriate and feasible to eliminate sub-standard
conditions of labour in production for export and
generally throughout its jurisdiction."
The Delegation of Czecheslovakia may submit observations
or amendments relating to this article.
The Deleation of New Zealand proposes that, in the last
two lines of the precent text of this article, the words "for
export and generally" be deleged E/PC/T/W/96).
The Delegation of the United Kingdom proposes the fol-
lowing revision in the tet of this article (E/PC/T/W/85):
"Each Member, recagaizing that all countries have
a common interest in the mantenance of fair
labour standards, related to national productivity,
shall take severally and in collcbaration with the
appropriate inter-governamental organizations what-
ever action may be appropriate desirable and
fessible to eliminete sub-standard conditions of
labour in production for export and generally
throughout its jurisdistion." E/PC/T/W/87. Rev. 1.
page 6
The Delegation of the United States or America proposes
the following revision in the present text of this article (E/PC/T/W/86) :
"Each Member, recognizing that all countries have a
common interest in the maintenance of fair labour standards,
related to national productivity, shall take whatever action
may be appropriate and feasible to eliminate sub-standard
conditions of labour in production for export and generally
throughout its jurisdiction, In pursuance of this objective,
Members shall give sympathetic consideration to recommendations
made by the appropriate intergovernmental organization."
Article 6 - The Removal of Maladjustments in the Balance of
Payments
The delegation of Australia proposes the following
substitute text for the present text of this Article (E/PC/T/W/93):
"1. If the balance of payments of a Member is persistently
favourable, to such a degree that the disequilibrium
involves other Members in balance of payments difficulties
which handicap them in maintaining employment or in
avoiding trade restriations -
(a) that Member shall take action designed to correct
the disequilibrium; and
(b) other Members affected shall take action appropriate
in the circumstances, in the light of their respective
capacities and responsibilities, designed to assist in
correcting the disequilibrium.
2. Action taken by Members in acordance with this Article
shall be through measures appropriate to their respective
political, economic and social institutions, and shall be
taken with due regard to the desirability of avoiding any
unnecessary contraction of world trade."
The Delegation of the United States of America proposes
the following revisions, in the present text this article (E/PC/T/W/86) :
"Members agree that in case of In the event of the
persistence of a situation in which a Member eperiences a
fundamental alsequilibrium in their/its balance of paymetns
involving other countries in persistent and in which another
Member is involved in balance of payments difficulties which
handicap them it in maintaining employment carrying out a
domestic programme adopted in pursuance of the provisions of
Article they will make their full each of the Members
concerned will make its appropriate contribution to action
designed to correct the maladjustment.' E/PC/T/W/87.Rev.1.
Page 7
Article 7 - Safeguards for Members Subject to External
Deflationary Pressure
The views on this article noted in the commentary of the
D.C. Report (page 6) were expressed by the Delezate for France.
To give effect to these views the Delezation of France has
presented for consideration the following text as a substitute
for the present draft text of Article 7 (see Document
E/PC/T/W60 and Amend.1. )
"1. The Organization shell have regard to the possible
need of Members to safeguard their economies against a serious
and abrupt decline in the external demand for goods and services
due to deflationary pressure from other countries.
"2. When a Member is subject, or foresses that it will
be subject, to the prejudicial effects of such pressure, it
may, after consulting the Organization in pursuance of such
emergency procedure, take protective measures in derogation of
the cbligations contracted by it under the provisions of this
Charter, In critical and exceptional circumstances such
measures may be taken provisionally five deys after the Organ-
ization receives notification from the Member concerneds The
Organization shall take a decision as soon as possible, in
accordence with the procedure referred to in sub-Paragraph 3
of Article 66."
"3. In the cases provided for in paragraphs 1 and 2, the
Organization, either on its own initiative or at the request of
a Member whose interests are substantially affected, shall
convene a Conference with a view to defining , if necessary with
the assistance of the specialised agencies, the measures to be
taken within the competence of the Orianizeaion."
"The Delegation of the Netherlands proposes the following
revisions in the present text ot this article (E/PC/T/W94):
"The Organization shall have regard, in the exercise of
its functions as defined elsewhere in this Charter, to the need
of Members to take action, separately or in conjunction with
other Members, within the provisions of this Charter to safe-
guard their economies against deflationary pressure in the event
of a serious or abrupt decline in the effective demand of other
countries."
The Deleigation present the United States if America recommends
that the present Article be removed from Chapter III and inserted
in Article 26 at the end of paragraph 3 as a new sub-paregraph
(t) (See Document E/PC/T/W/86).
Article B - Consultation and Exchange of Information on
Matters relating to Employment
Preamble
Paragraph (a)
Paragraph (b) E/PC/T/W/87.Rev.1
page 8
GENERAL NOTE:
In connection with the discussion of Chapter III
the attention of Delegations is drawn to the information
reported in Document E/PC/T/69 concerning the activities
of the Economic and Employment Commission and its Sub-
Commisson, and to the related inquiry from the Economic
and Employment Commission discussed in Document E/PC/T/DBL/35. |
GATT Library | hp197fy1354 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Annotated Agenda prepared by the Secretariat for the discussion of Chapter IV of the Draft Charter | United Nations Economic and Social Council, May 23, 1947 | United Nations. Economic and Social Council | 23/05/1947 | official documents | E/PC/T/W/125 and E/PC/T/W/125-150 | https://exhibits.stanford.edu/gatt/catalog/hp197fy1354 | hp197fy1354_90050259.xml | GATT_152 | 4,050 | 27,406 | UNITED NATIONS NATIONS UNIES RESTRICTED
ECONOMIC CONSEIL E/PC/T/W/125 23 May 1947
AND ECONOMIQUE ORIGINAL: ENGLISH
SOCIAL COUNCIL ET SOCIAL
SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT
ANNOTATED AGENDA
PREPARED BY THE SECRETARIAT FOR THE DISCUSSION OF
CHAPTER IV OF THE DRAFT CHARTER.
Incorporating proposals put forward by Delegations as noted
in the commentary on the Report of the Drafting Committee and as
reported to the Secretariat by Delegations by Friday, 23rd May.
(See E/PC/T/DEL/24 and 31; E/PC/T/71 and 71/Add.1; E/PC/T/72
and 72/Add.1; also the earlier unrevised edition of this paper
relating to Chapter IV as well as to Chapter III, erroneously
designated as E/PC/T/70 instead of E/PC/T/W.87).
CHAPTER IV.
ECONOMIC DEVELOPMENT
The Dalegation of the United States proposes that the title
of the Chapter be redrafted to read as follows (E/PC/T/W.123):
"Economic Development and International Investment". *
In connection with Chapter IV, as well as Article 38 (1) in
Chapter V, Chapter VII and possibly Chapter VI, the Delegation
of the United Kingdom has suggested a general discussion in
respect of the meaning of the words "country" and "Member" for
the purposes of these Chapters, (E/PC/T/W.110).
Article 9 - Importance of Economic Developmen in Relation to
the Purposes of this Chartar.
The Delegation of the United States proposes the revision
of the title of this Article as follows (E/PC/T/.W.123):
"Importance of Economic Development and International
Investment in Relation to the Purposes of this
Charter.'
* where possible underlining has been used to indicate proposed
additions and square brackets to indicate proposed deletions.
.ITED NATIONS
NATlONS UNIES E/PC/T/W/125
page 2
The Delegation of Uzechoslovakia intends to submit
observations or amendments relating to this article.
The Delegation of the United States proposes the following
revision of this Article (E/PC/T/W/123) :
"The Members recognize that the industrial and general
economic development of all countries, and particularly
of those countries or dependent territories in which
resources are as yet relatively undeveloped, will improve
opportunities for employment, enhance the productivity
of labour, increase the demands for goods and services,
[contribute ultimately to economic stability] expand
international trade and raise [levels of real income]
standards of living. [thus strengthening the ties of
International understanding and accord] They also
recognize the importance of private and public
International capital movements, into productive
investments, in promoting and facilitating such develop-
ment."
Article 10 - Development of Domestic Resources and Productivity
Article 11 - Plans for Economic Development
Paragraph 1
The Delegation of the United States proposes the
revision of this paragraph as follows (E/PC/T/W 123):
"1. Members shall co-operate with one another,
[and] with the Economic and Social Counil of
the United Nations and with appropriate inter-
governmental organizations in promoting industrial
and general economic development."
Paragraph 2
It was decided by the Drafting Committee that the first
sentence of this paragraph, the text of which is reproduced
here below, should remain between square brackets pending
consideration of the question by the Economic and Social
Council at its Fourth Session, The Economic and Social
Council has since considered the matter and its resolution
adopted on 28 march 1947 has been circulated under E/PC/T/55
"2. [The organization, union the request of any Member,
shall advise such Member concerning its plans for
economic development and shall, within the competence
and resources of the Organization and on terms to be
agreed, provide such Member with technical assistance
in completing its plans and carrying out its programmes
or arrange for the provision of such assistance.] The
Organization may, in accordance with the principles of
this Chapter, consult with and make recommendations
to Members and appropriate inter-governmental
organizations relating to the encouragement of the
industrial and general economic development of
Member countries.'" E/PC/T/W/125 Page 3
The delegation of Cuba proposes the following changes
in this paragraph (E/PC/T/W/116):
"The Organization, upon the request of any Member,
shall advise such Member concerning its plans for
economic development and shall, within the com-
petence and resources of the Organization and on
terms to be agreed, provide such Member with
technical assistance in completing its plans and
carrying out its-programmes or arrange for the
provision of such assistance specially as for the
ways and means of financiag special plans. The
Organization may, in accordance with the principles
of this Chapter, consult with and make recommenda-
tions to Members and appropriate inter-governmental
organizations relating to the encouragement of the
industrial and general economic development or
Mamber countries."
The Delegation of Czechoslovakia has proposed the
following revision of this paragraph (E/PC/T/W.109):
"2. The Organization, upon the request of any
Member, shall advise such Member concerning its
plans-for economic development and shall, within
the competence and resources of the Organization
and on terms to be agreed, provide such Member
with technical assistance in completing its plans
and carrying out its programmes or arrange for the
provision of such Assistance. The Organization
many, in accordance with the principles of this
Chapter, consult with and make recommendations to
[Members] that Member and appropriate inter-
governmental organizations relating to the
encouregement of the industrial and general
economic development of Member countries. "
The Delegation of the United States proposes the revision
or this paragraph as follows (E/PC/T/W.123):
"2. The Organization, upon the request of any Member,
[shall] may advise such Member concerning [its] the
latter's plans for economic development, and [shall]
within the [competence] powers and resources of the
Organization and on terms to be agreed upon, [provide
such Member with technical assistance] may advise the
Member [in completing] concerning its plans and the
carrying out of its programmes, or [arrange for the
provision of such assistance] and assist in the procure-
ment of appropriate engineering and other technical
assistance. The Organization may, in accordance with
the principles of this Chapter, consult with and make
recommendations to Members and appropriate intergovern-
mental organizations relating to the encouragement of
the industrial and general economic development of
Member countries."
The Secretariat suggests that the second part of this
paragraph be amended as follows:
"The Organization may, in accordance with the principles
of this Chapter, consult with and make recommendations
to Members, the Economic and Social Council and appro-
priate inter-governmental organizations relating to
the encouragement of the industrial and general
economic development of Member countries." E/PC/T/W/125
Page 4.
Article 12 - Means of Economic Development
The Delegation of the United States proposes that the title
of this Article be revised to read as follows (E/PC/T/W.123):
"Means of Economic Development and their Promotion."
Paragraph 1.
The Delegation of Cuba proposes the revision of this
paragraph as follovws (E/PC/T/W.116):
"Progressive economic development is dependent upon adequate
supplies of capital funds, materials, equipment, advanced
technology, trained workers and managerial skill. Accord-
ingly the Members shall impose no [unreasonable] impediments
[that] which are not necessary for their own economic or
employment needs but would prevent other Members from
obtaining any such facilities for their economic development
and shall co-operate in accordance with Article 11, within the
limits of their power, in providing or arranging for the
provision of such facilities."
The Delegation for the UNITED STATES proposes the revision
of this paragraph as follows (E/PC/T/W.123):
"Progressive economic development is dependent, among other
things, upon adequate supplies of capital funds, materials,
equipment, [advanced] technology, trained workers personnel
and managerial skill. Accordingly, the Members shall
impose no unreasonable impediments that would prevent- other
Members from obtaining any such facilities for their
economic development on equitable terms, and shall cooperate
in accordance with Article II, within the limits of their
power, in providing or arranging for the provision of such
facilities."
Paragraph 2.
The Delegation for Cuba has proposed the following changes
in this paragraph (E/PC/T/W.116):
"Each Member, in its treatment of other Members and of
business entities or persons within the jurisdiction of
other .Members which supply it with facilities for its
industrial and general economic development, shall not only
carry out all relevant international obligations to which
it may be subject or which it may undertake pursuant to
sub-paragraph (c) of Article 61 or otherwise but also shall
in general take no [unreasonable] action which is not
necessary for its own economic or employment needs, but
injurious to the interest of such other Members, business
entities or persons."
The Delegation of INDIA proposes that the following text
be substituted for the present paragraph 2 (E/PC/T/W.87): E/PC/T/ W/125
page 5.
"Each Member which receives facilities for its industrial
and general economic development shall not only carry out
all international obligations regarding the treatment
of the enterprises, skills, capital, arts and technology
imported from other countries to which it may be subject
or which it may undertake pursuant to sub-paragraph (c)
of Article 61 or otherwise, but also shall in general
take no unreasonable action injurious to the interest
of the particular business entities or persons within the
jurisdiction of other Members which supply it with such
facilities."
The Delegation of the UNITED STATES proposes the
substitution of the following text for this paragraph (E/PC/T/W.123):
2. "In order to stimulate and assure the provision and exchange
of facilities for industrial and general economic development,
each Member shall take no unreasonable action injurious to
the rights and interests of citizens or legal entities of any
other Member country, in the enterprise, skills, capital,
arts and technology which they have supplied.
Each Member shall accord to citizens and legal entities of
other Members treatment no less favorable than it accords to
its own citizens and legal entities with respect to oppor-
tunities for making investments and the treatment of exist-
ing and future investments; provided, however, that excep-
tions to such national treatment may be instituted or main-
tained if essential national interest so requires and if
such exceptions are described in a statement filed with the
Organization and published, In any event, each Member shall
accord the citizens and legal entities of each other Member
treatment no less favorable than that.accorded to the
citizens or legal entities of any third country.
Each Member shall accord adequate, effective and prompt com-
pensation to the citizens and legal entities of any other
Member who may have an interest in any property which may be
taken into public ownership or placed under public management
or occupation."
The Delegation of the UNITED STATES proposes the addition
of the following paragraph E/PC/T/W.123.
2 A. "Any Member may file a statement with the Organization, in
addition to statements filed and publishd under sub--paragraph
(a), paragraph 2, of this Article. setting forth any
requirements, conditions or restrictions applicable to the
opportunities for making investment and the treatment of
existing and future investments made by the citizens and
legal entities of other Member countries.
Such statement may be amended from time to time by the
filing and publication of an amended statement. No Member
shall impose any requirements, conditions or restrictions
on any investment of any citizen or legal entity of any other
Member country which are inconsistent with any statement which
was on file with the Organization at the time the investment
was made." E/PC/T/W/125 .
page 6.
Paragraph 3.
The Delegation of CZECHOSLOVAKIA (E/PC/T/W.107 ) and that
of NEW ZEALAND (E/PC/T/W.96) propose the following revision of
this paragraph:
"3. Any Memer [,or with the athorisation of a
Member, any affected business entity or person within
that Member's jurisdiction] may submit to the
Organization a complaint that Action by another Member
is inconsistent with its obligations under this
Article. The Organization may, without prejudice
to the application of Article 35, request the
Members concerned to enter into consultation with
a view to reaching a mutually satisfactory settlement
and may lend its good offices to this end."
The Delgetion for CUBA proposes the deletion of this
paragraph (E/PC/T/W.116):
The Delegations of FRNCE and the UNITED KINGDOM have
suggested the following alternative text for this paragraph (D. C.
Report,. page 9 and E/PC/T/W.59):
"3. Any Member may, on its own behalf or on behalf
of [or with the authorization of a Member] any affected
business entity or person within that Member's
jurisdiction [may] submit to the Organization a complaint
that action by another Member is inconsistent with its
obligations under this Article. The Organization may,
without prejudice to the application of Article 35,
request the Members concerned to enter into consultation
with a view to reaching a mutually satisfactory settle-
ment and may lend its good offices to this end."
The Delegation of SOUTH AFRICA proposes amending this
paragraph as follows (E/PC/T/W.102):
"3 . Any Member, or with the authorisation of a Member,
any affected business entity or person within that
Member's jurisdiction, may submit to the Organization
a complaint that a action by another Member is inconsistent
with its obligations under this Article. The Organization
may [without prejudice to the application of Article 35],
request the Members concernd to enter into consultation
with a view to reaching a mutually satisfactory settle-
ment and may lend its good offices to this end."
Additional paragraph.
The Delegation of the UNITED STATES suggests the addition
of the following paragraph immediately following paragraph 3
(E/PC/T/W.123 ):
"4. The Organization is authorized to make recommendations
for and promote international agreement on measures designed
to assure just and equitable treatment for the enterprise,
skills, capital, arts and technology brought from one Member
country to another, including the elaboration and adoption
of a general international code on investment principles." E/PC/T/W/125
Page 7.
Article 13 - Governmental Assistance to Economic Development
Paragraph 1
The Delegation of Chile proposes the revision of this
paragraph as follows (E/PC/T/W.124):
"The Members recognize that special governmental
assistance may be required in order to promote the
establishment or reconstruction of particular
industries and that such assistance may take the form
of protective measures or others. At the same time
they recognize that an unwise use of such measures
would impose undue burdens on their own economies,
unwarranted restrictions on international trade and
might increase unnecessarily the difficulties of
adjustment for the economies of other countries."
The Delegation of India proposes that this paragraph
be revised as follows (E/PC/T/W.87):
"The Members recognize that special governmental
assistance may be required [in order] to promote the
establishment or reconstruction of particular industries
and that the grant of such assistance [may take] in
the form of protective measures is justified."
Paragraph 2
The Delegation of Chile proposes that the following
text be substituted for paragraph 2 (E/PC/T/W.124):
"2. If a Member, in the interest of its programme
of economic development, adopt any protective or other
measures, of whatsoever kind, which conflicts or may
conflict with any other provision of this Charter, or
with any other obligation which the Member has assumed
pursuant to Chapter V, and if such measure affects
the trade or another Member, the latter may apply to
the Organization, which shall examine the various
aspects of the question and, should it prove that the
interests of third parties are in fact substantially
affected, shall invite Governments which have adopted
the agreements to negotiate and conclude an arrangement
with the said third parties. Should such an arrange-
ment 'not be concluded, the Organization shall examine
the question afresh and, subject to such limitations
as it considers necessary, may release from the
above-mentioned obligations any Member that has
adopted such measures.
Sub-paragraph (a)
The Delegation of China proposes the following changes
in this sub-paragraph (E/PC/T/W.82): E/PC/T/W/125
page 8
"If a Member, in the interest of its programme of
economic development [considers it desirable to
adopt] adopts any protective measure which would
conflict with any other provision of this Charter,
or with any obligation which the Member has assumed
through negotiations with any other Member or Members
pursuant to Chapter V, it 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
Organization shall promptly inform these Members
whose trade would be substantially affected by the
[proposed] measure end afford them an opportunity
of presenting their views. The Organization shall
then promptly examine the proposed measure in
the light of the provisions of this Chapter end
other relevant provisions of this Charter, the
considerations presented by the applicant Member,
the views presented by the other Members which
would be substantially affectead by the [proposed]
measure and such criteria as to productivity and
other factors as it may establish, taking
into account the stage of economic development or
reconstruction of the applicant Member."
The Delegation of Czechoslovakia proposes the amendment
of this sub-paragraph as follows (E/PC/T/W.108):
"If a Member in the interest of its programme of economic
development or reconstruction considers it desirable
to adopt any protective measure which would conflict
with any other provision of this Charter, or with any
obligation which the Member has assumed through nego-
tiations with any Member or Members pursuant
to Chapter V, it shall so notify the Organization and
shall transmit to the Organization a written state-
ment of the considerations in support of the adoption
of the proposed measure. The Organization shall
promptly inform these Members whose trade would be
substantially affected by the proposed measure and
afford then an opportunity of presenting their views.
The Organization shall then promptly examine the
proposal measure in the light of the provisions of
this Chapter and other relevant provisions of this
Charter, the considerations presented by the applicant
Member, the views presented by the other Members which
would be substantially affected by the proposed measure
and such criteria as to productivity and other factors
as it may establish, taking into account the stage
of economic development or reconstruction of the
applicant Member."
The Delegation of New Zealand has reserved its
position concerning this paragraph (D.C. Report, page 9,
comments on paragraph 2(a) under (i) ).
The Delegation of the United Kingdom proposes the
following revision of this paragraph (E/PC/T/W.110): E/PC/T/W.125
Page 9.
"If a Member, in the interest of its programme of economic
development, considers it desirable to adopt any protective
measure which would conflict with any other provision of this
Charter, or with any obligation which the Member has assumed
through negotiations with any other Member or Members pursuant
to Chapter V, it 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 Organization shall [promptly] as soon as possible
and in ant event within fifteen days inform those Members whose
trade would be substantially affected by the proposed measure,
and afford then an opportunity of presenting their views.
Such views shall be Presented as soon as possible and in any
event within two calendar months of the receipt of the
Organization's communication. The Organization shall then
[promptly] as soon as possibles and in any event within one
calendar month of the receipt of such views proceed to examine
the proposed measure in the light of the provisions of this Chapter
and other relevant provisions of this Charter, the considerations
presented by the applicant Member, the views presented by the
other Members which would be substantially affected by the
proposed measure and such criteria as to productivity and other
factors as it may establish, taking into account the stage of
economic development or reconstruction of the applicant Member."
The Delegation of New Zealand proposes the substitution of the
two following paragraphs for the present paragraph 2 (E/PC/T/W.114):
"2. Members undertake to employ in the interests of their
programme of development only those measures which are
consistent with the purposes, and as far as practicable, the
provisions of this Charter.
"3, Any member who considers his interests adversely affected
by the measures employed by another may complain to the
Organization whereupon the procedure prescribed in Article 35
shall apply."
The Delegation for Lebanon has proposed the following additional
sub-paragraph (D.C. Report, page 9, comments on paragraph 2(a)
under (iii) ):
"(d) Members recognize that the development of industry in
small nations is hampered by the lack of a sufficiently large
market for manufactured goods: Consequently the Organization
shall give the most favourable consideration to any proposal
for preferential tariff arrangements presented to it by small
Member nations belonging to one economic region, aiming at the
development of industry in that region, with a view to releasing
them from their obligations under Chapter V."
Sub-paragraph (b)
The Delegation for China has reserved its position regarding
the bracketed part of the following paragraph (D.C. Report, page 9,
comments on paragraph 2(b) ): E/PC/T/W/125
page 10.
"If, as a result of its examination pursuant to
sub-paratiraph (a), the Organization concurs in
any measure which would be inconsistent with any
obligation that the applicant Member has assumed
through negotiations with any other Member or
Members pursuant to Chapter V or which would tend
to nullify or impair the benefit to such other
Member or Members of any such obligation, the
Organization shall sponsor end 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. Upon
such agreement being reached the Organization may
release the applicant Member from the obligation in
question or from any other relevant obligation under
this Charter, [subject to such limitations as may
have been agreed upon in the negotiations between
the Members concerned] or such further limitations
as the Organization may impose,"
Sub-paragraph (c)
The Delegation of Cuba reserved its position concerning
this paragraph at the Drafting Committee (D.C. Report. page 9,
comments on paragraph 2(a) under (ii) ), and has now indicated
that it may suggest a reformulation of the whole Article or
the transfer of corresponding provisions to an article to be
inserted after Article 26.
Additional texts
The additional text to Articlo 13 on page 8 of the D.C.
Report was proposed by the for India and supported
by the Delegates for China, Cuba and New Zealand.
The Delegation of India has advised the Secretariat
that it is withdrawing the previously proposed additional
text to this article in favour of a new Article that that
Delegation has proposed to be inserted after Article 26
relating to quantitative restrictions for protective purposes
(E/PC/T/W.64).
The Delegation of Netherlands suggests that the
following sub-paragraph (d) and new paragraph 3 be added to
this paragraph (E/PC/T/W.121):
(d) It is understood that among the limitations to be
imposed by the Organization under sub-paragraphs
(b) and (c), will be a specific period of time during
which the measure in question is admitted. Such period
of time can be extended by the Organization.
Paragraph 3 (new):
If a Member, in the interest of its programme of
economic development, considers it desirable to adopt
a quantitative restriction, it shall transmit to the
Organization as far in advance of the initiation of the
restriction as may be practicable a written statement
of the considerations in support of the adoption of the
restriction. The Organization thereupon will, after
consultation with the applicant member and any other
members concerned, determine a time limit prior to which
the restriction should be revoked. Such time limit can
be extended by the organization." E/PC/T/W/125
page11
The Delegation of the United Kingdom proposes the
addition of the following two sub-paragraphs (E/PC/T/W.11O):
"(4) If a Member considers that there has been
unreasonable deley in the procedure provided for
by this paragraph, it at any time after five
calender months have elapsed from the date of the
notoification referred to in sub-paragraph (a) of
this paragraph and pending its release by the
Organization from the conflicting obligation
provisionally adopt a measure a measure falling under sub-
paragraph (c) of this papagragph which it has
notified the Organization that it wishes to adopt;
provided that the measure shaIl be withdran if the
Organization, after full consideration decides
that it is unable to release the Member from its
conflicting obligation.
"(e) If any Member is applying any protective
measure of the kind referred to in sub-paragraph
(a) of this paragraph at the date of entry into
force of the Charter, the Member if it desires
to continue such measure, shall within two
calender months of that date transmit to the
Organization a statement as provided in that sub-
paragraph. The Organization shall examine the
measure in the light of the matters referred to
in the last sentence of that sub-paragraph and
the Member may continue the measure pending a
determination by the Organization." |
GATT Library | kj693tf8764 | Second Session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Annotated Agenda. Prepared by the Secretariat for the Discussion of Chapters III and IV | United Nations Economic and Social Council, [ca. 1947 - 1994] | United Nations. Economic and Social Council | NaT | official documents | E/PC/T/70 and E/PC/T/66-91 | https://exhibits.stanford.edu/gatt/catalog/kj693tf8764 | kj693tf8764_92290079.xml | GATT_152 | 133 | 845 | UNITED NATIONS
ECONOMIC
AND
SOCIAL COUNCIL
NATIONS UNIES
CONSEIL
ECONOMIQUE
ET SOCIAL
" 1 , , , 1
l , 'IC E
RESTRICTED
SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT
Annotated Agenda
Prepared by the Secretariat for the Discussion
of Chapters III and IV
CHAPTER III
EMPLOYMENT , EFFECTIVE DEMAND AND ECONOMIC ACTIVITY
The symbol of this document should be changed from
E/PC/T/70 to E/PC/T/W/87 .
SECONDE SESSION DE LA COMMISSION PREPARATOIRE
DE LA CONFERENCE DU COMMERCE ET DE L 'EMPLOI
DE L' ORGANISATION DES NATIONS UNIES
ORDRE DU JOUR ANNOTE
préparé par le Secrétariat pour la discussion des
chapitres III et IV.
Chapitre III - Emploi,.demande effective at activités
ec onomiques .
La cote de ce document devrait être E/PC/T/W/87 au
lieu de E/PC/T/70. |
GATT Library | vc374bt4433 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Annotated Agenda. Prepared by the Secretariat for the Discussion of Chapters III and IV | United Nations Economic and Social Council, May 13, 1947 | United Nations. Economic and Social Council | 13/05/1947 | official documents | E/PC/T/W/87 and E/PC/T/W/82-124 | https://exhibits.stanford.edu/gatt/catalog/vc374bt4433 | vc374bt4433_90050218.xml | GATT_152 | 1,269 | 8,658 | UNITED NATIONS NATIONS UNIES RESTRICTED
ECONOMIC CONSEIL E/PC/T/W/87
13 May, 1947
AND ECONOMIQUE ORIGINAL: ENGLISH
SOCIAL COUNCIL ET SOCIAL
SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT
Annotated Agenda (1)
Prepared by the Secretariat for the Discussion
of Chapters III and IV (2)
CHAPTER III
EMPLOYMENT, EFFECTIVE DEMAND AND ECONOMIC ACTIVITY
Article 3 - Importance of Employment in relation to the Purposes
of this Charter
The Delegation of Czechoslovakia Intends to submit obser-
vations or amendments relating to this article.
Paragraph 1
It will be noted that the objective in respect of
"effective demand" is stated in different terms in this
paragraph (line 6 - "high and steadily rising") and in
paragraph 1(b) of Article 1 (lines 4 and 5 of subpara-
graph b - "high and steadily rising levels") as compared
with the expressio of this objective in paragraph 1
(1) Incorporating proposals put forwerd by Delegations as noted
in the commentary on the Report of the Drafting Committee and
as reported to the Secretariat by Delegations prior to noon
May 13. (see E/PC/T/DEL/24 and 31)
(2) In accordance with previous practice it is suggested that
the discussion of Chapters I and II be deferred in order
that they might be considered in conjunction with Chapter
VIII to which they particularly relate.
GENERAL NOTE:
In connection with the discussion of Chapters III and IV the
attention of Delegations is drawn to the information reported
in Document E/PC/T.69 concerning the activities of the
Economic and Employment Commission and its Sub-Commissions. E/PC/T/W/87
page 2
of article 4 (line 3 - "high and stable levels"). Since
the objective would seem to be the same In all three cases,
it would appear to be desirable to employ uniform language
to express that objective. The Preparatory Committee may
with to determine at this stage which version will be
employed throghout.
Paragraph 2
Article. 4 - Maintenance of Domestic Employment
Paragraph 1
The Delegation of Czechoslovakia intends to submit
observations or amendments relating to this paragraph.
Concerning the expression "high and stable levels
of-effective demand (line 3), please see the observation
above relating to a similar expression in paragraph 1 of
Article 3.
Paragraph 2
Article 5 - Fair Labour Standards
The reservation mentioned in the commentary of the D.C.
Report (3) (page 6) was made by the Delegate for China.
The Delegation of Czechoslovakia intends to submit obser-
vations or amendments relating to this article.
Article 6 - The Removal of Maladjustments in the Balance of
Payments
Article 7 - Safeguards for Members Subject to External
Deflationary Pressure
The views on this article noted in the commentary of the
D.C. Report (page 6) were expressed by the Delegate for France,
To give effect to these views the French Delegation has presented
for consideration the following text as a substitute for the
present draft text of Article 7 (see Document E/PC/T/W60)
(3) The expression "D.C. Report" as used in this document
represents the Report of the Drafting Committee (E/PC/T/34). E/PC/T/W/87
page 3
"1. The Organization shall have regard to the possible
need of Members to safeguard their economics against a serious
and abrupt decline in the external demand for goods and services
due to deflationary pressure front other countries.
2. When a Member is subject, or foresees that it will be
subject, to the prejudicial effects of such pressure, it may,
after consulting the Orgrnization, take protective measures in
dcrogation of the obligations contracted by it under the pro-
visions of this Charter. Nevertheless, in critical and
exceptional circumstances, such measures may be taken pro-
visionally without previous consultation, on the understanding
that the Organization shall be informed immediately after the
application of these measures.
3. In the cases provided for in paragrapha 1 and 2, the
Organization, either on its own initiative or at the request of
a Member whose interests are substantially affected, shall
convene a Conference with a view to defining, if necessary with
the assistance of the specialised agencies, the measures to be
taken within the competence of the Organization."
Article 8 - Consultation and Exchange of Information on Matters
relating to Employment.
CHAPTER IV
ECONOMIC DEVELOPMENT
Article 9 - Importance of Economic Development in Relation to
the Purposes of this Charter
The Delegation of Czechoslovakia intends to submit
observations or amendments relating to this Article.
Article 10 - Development of Domestic Resources and Productivity
Article 11 - Plans for Economic Development
Paragraph 1
Paragraph 2
It was decided by the Drafting Committee that the
first sentence of this paragraph should remain between
square brackets pending consideration of the question
by the Economic and Social Council at its Fourth Session.
The Economic and Social Council has since considered the
matter and its resolution adopted on 28 March 1947 has
been circulated under E/PC/T/55. E/PC/T/W/87
page 4
The Delegation of Czechoslovakia intends to submit
observations or amendments relating to this paragraph.
The Secretariat suggests the addition of the words
"Economic and Social Council" to the second part of this
paragraph as follows in order to make it conform to the
language used in Article 8:
"The Organization may, in accordance with the
principles of this Chapter, consult with and make
recommendations to Members, the Economic and Social
Council, and appropriate Inter-governmental
organizations relating to the encouragement of the
industrial and general economic development of
Member countries".
Article 12 - Means of Economic Development
Paragraph 1.
Paragraph 2.
The Delegation for India proposes that the following
text be substituted for the present paragraph 2:
"Each Member which receives facilities for its
industrial and general economic development shall
not only carry out all international obligations
regarding the treatment of the enterprises, skills,
capital, arts and technology imported from other
countries to which it may be subject or which it
may undertake pursuant to sub-paragraph (c) of
Article 61 or otherwise, but also shall in general
take no unreasonable action injurious to the
interest of the particular business entities or
persons within the jurisdiction of other members
which supply it with such facilities."
Paragraph.3
The alternative text mentioned in the D.C. Report
was proposed by the Delegates for France and the United
Kingdom. (See also E/PC/T/W.59).
The Delegation of Czechoslovakia intends to submit
observations or amendments relating to this paragraph.
Article 13 - Governmental Assistance to Economic Development
Paragraph 1
The Delegation for India proposes that the following
text be substituted for the present paragraph 1: E/PC/T/W87
page 5
"The Members recognize that special Governmental
assistance may be required to promote the
establishment or reconstruction of particular
industries and that the grant of such assistance
in the form of protective measures is justified."
The Delegation of Czechoslovakia intends to
submit observations or amendments relating to this
paragraph.
Paragraph 2, sub-paragraph (a).
The reservations mentioned under (i) of comment
concerning this paragraph were made by the New Zealand
Delegation.
The reservations mentioned under (ii) of comments
concerning this paragraph were made by the Cuban
Delegation.
The new sub-paragraph mentioned under (iii) was
proposed by the Delegate from Lebanon.
Paragraph 2, sub-paragraphs (b) and (c).
The reservations referred to in comments concerning
paragraph 2 (b) were made by the Delegate for China.
Additional text
The additional text to Article 13 on page 8 of the
D.C. Report was proposed by the Delegate for India and
supported by the Delegates for China, Cuba and New
Zealand.
The Delegation of India has advised the Secretariat
that it is withdrawing the previously proposed additional
text for this article in favour of a new Article that
that Delegation has proposed to be inserted after Article
26 relating to quantitative restrictions for protective
purposes. |
GATT Library | jr715qm9974 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Annotated Agenda prepared by the Secretiat for the discussion of Chapter IV of the Draft Charter | United Nations Economic and Social Council, May 24, 1947 | United Nations. Economic and Social Council | 24/05/1947 | official documents | E/PC/T/W/125.Rev.1 and E/PC/T/W/125-150 | https://exhibits.stanford.edu/gatt/catalog/jr715qm9974 | jr715qm9974_90050260.xml | GATT_152 | 5,305 | 35,840 | ECONOMIC CONSEIL RESTRICTED
AND ECONOMIQUE E/PC/T/W/125.Rev.1
24 May 1947
SOCIAL COUNCIL ET SOCIAL ORIGINAL: ENGLISH.
SECOND SESSION OF THE PREPARY COMMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT.
ANNOTATED AGENDA
PREPARED BY THE SECRETAILT FOR THE DISCUSSION OF
CHAPTER IV OF THE DRAFT CHARTER.
Incorporating proposals put forward by Delegations as noted
in the commentary on the Report of the Drafting Committee and as
reported to the Secretariat by Delegations by Friday, 23rd May.
(See E/PC/T/DEL/24 and 31; E/PC/T/71 nnd 71/Ldd.1; E/PC/T/72
and 72/Add.1; also the earlier unrevised edition of this paper
relating to Chapter IV as well as to Chapter III, erroneously
designated E/PC/T/70 instead of E/FC/TP.37).
CHAPTER IV.
ECONOMIC DEVELOPMENT.
The Delegation of the United states of America proposes
thet the title of the Chapter be redrafted to read as follows
(E/PC/T/W. 123):
"Economic Development and International Investment"
In connection with Chapter IV, as well as Article 38 (1)
in Chapter V, Chaptar VII and possibly Chapter VI, the
Delegation of the United Kingdom has suggested a general
discussion in respect of the meaning of the words "country" and
"Member" for the purposes of these Chapters. (E/PC/T/W.1l0).
Article 9 - Importance of Economic Development in Relation to
the Purposes of this Charter.
The Delegation of the United States of America proposes
the revision of the title of this Article as follows (E/PC/T/W.123):
"Importance of Economic Development and Internntional
Investment in Reletion to the Purposes of this
Charter"
* Where possible underlining has been used to indicate proposed
additions and square brackets to indicate proposed deletions.
NATIOUNS UNlIES
UNITED NATIONS E/PC/T/W/125 Rev .1
page 2
The Delegation o0 Czechoslovakia intends to submit ob-
servations or amendments relating to this Article.
The Delegation of the United States of America proposes
the following revision of this Article (E/PC/T/'.:/123):
"The Members recognize that the industrial and general
economic development of all countries, and particularly
of those countries or dependent territories in which
resources are as yet relatively undeveloped, will im-
prove opportunities for employment, enhance the pro-
ductivity of labour, increae the demands for goods and
services, /contribute ultimstely to economic stability7
expand international trade and raise [levels of real
încome7 standards of living. thus strangthening the ties
of international understanding and accord7 Thay also
recognize the importance of private and public internatioanal
capital movements, into productive investments, in pro-
moting and facilitating such developement."
Article 10 - Development of Dormestic Resources and Productivity
The Delegtion of Australia proposes an addition to this
paragraph as follows (E/PC/T/W.127)
"Recognising thet all countries have a common interest
in the productive use of the world's human and material
resources, Members within their respactive jurisdictions,
and the Organization generally, shall take action da-
signed progrossively to develop industrial and other
economic resources and to raise standares of productivity
within their jurisdictions7 through measures compatible
with the other provisions of this Charter."
Article II - Plans for Economic Development
Paragraph 1
The Delegation of Australia suggests an addition to this
paragraph as follows (E/PC/T/W.127) :
"Members shall co-operate with one another, with the
Organization and with the Economic and Social Council
of the United Naions and appropriate inter-governmental
organizations in promoting industrial and general
economic development. " E/PC/TT/W/125 Rev.1
page 3.
The Delegation of the United States of America proposes
the revision of thls paragraph as follows (E/PC/T/W.123).
"1. Members shall co-operate with one another.
and7 with the Economic and Social Council of
the United Nations and. with appropriate inter-
governmental organizations in promoting industrial
and general economic development."
Paragraph 2
It was decided by the Drafting Committee that the
first sentence. of this pararaph, the that of which is
reproduced here below, should remain between square brackets
pending consideration of the question by the Economic and
Social Council at its Fourth Sussion. The Economic and
Social Council has since considered the matter and its
resolution adopted on 28 March 1947 has been circulated
under E/PC/T/55.
"2. [The Organization, upon the request of any
Member, shall advise such Member concerning its
plans for economic development. and shall, within
the competence and resources of the Organization and
on terms to be agreed, provide such Member with
technical assistance in completing its plans and
carrying out its programmes or arrange for the
provision of such assistance The Organization
may, in accordance with the principles of this
Chapter, consult with and make recommendations to
Members and appropriate inter-governmental
organizations relating to the encouragement of the
industrial and general economic development of
Member countries".
The Delegation or Cuba proposes the following changes
in this paragraph (E/PC/T/W/116):
"The Organization, upon the request of any Member,
shall advise such member concerning its plans for
economic development and shall, within the
competence and resources of the Organization and on
terms to be agreed, provide such Member with
technical assistance in comleting its plans and
carrying out its programmes or arrange for the
provision of such assistance especially as for the
ways and means of financing special plans. The
Organization may, in accordance with the principles
of this Chapter, consult with and make recommenda-
tions to Members and aporopriate inter- governmental
organizations relating to the encouragoment of the
industrial and general economic development ol'
Member countries."
The Delegation of Czechoslovakia has proposed the
following revision of this paragraph (L/PC/T/'W.109.): E/PC/T/W/125 Rev.1
page 4.
"2. The Organization, upon the request of any
Member, shall advise such Member concerning its
plans for economic development and shall, within
the competence and resources of the Organization
and on terms to be agreed, provide such Member.
with technical assistance in completing its plans
and carrying out its programmes or arrange for the
provision of such assistance. The Organization
may, in accordance with the principles of this
Chapter, consult with and make recommendations to
Members that Member and appropriate inter-
governmental organizations relating to the
encouragement of the industrial and general
economic development of Member countries."
The Delegation of the United States of America
proposes the revision of this paragraph as follows
{E/PC/T/W1/123):
"2. The Organization, upon the request of any
Member, [Shall] advise such Member concerning
Zits7 the latter's plans for economic development,
and shall within the competence] powers and
resources of the Organization and on terms to be
agreed upon, [provide such Member with technical
assistance] may advise the Member [in completing]
concerning its plans], and the carrying out of
its programmes, or [arrange for the provision of
such assistance and assist in the procurement of
appropriate engineering and other technical
assistance. The Organization may, in accordance
with the principles of this Chapter, consult with
and make recommendations to Members and appropriate
inter-govermental organizationas relating to the
encouragement of the industrial and general economic
development of Member countries."
The Secretariat suggests that the second part of this
paragraph be amended as follows:
"The Organization may, in accordance with the
principles of this Chapter, consult with and
make recommendations to Members, the Economic and
Social Council, and appropriate inter-governmental
organizations relating to the encouragement of the
industrial and general economic development of
Member countries. "
article 12 - Means of Econorriic Delopment
The Delegation of the United States of America
proposes that the title of this Article be revised to read
as follows (L/PC/T/W.123):
"Means of Economic Development and their Promotion."
Paragraph i.
The Delegation of Cuba proposes the revision of this
paragraph as follows (E/PC/T/W/16): E/PC/T/W/125 Rev.1
page 5.
"Progressive economic development is dependent upon
adequate supplies of capital funds, materials, equipment,
advanced technology, trained workers and managerial skill.
Accordingly, the Members shall impose no [unresonable]
impediments [that] which are not necessary for their own
economic or employment needs but would prevent other
Members from obtaining any such facilities for their
economic development and shall co-operate in accordance
with Article 11, within the limits of their power, in
providing or arranging for the provision of such
facilities."
The Delegation of the United States of America proposes
the revision of this paragraph as follows (E/PC/T/W.123):
"Progressive economic development is dependent, among
other things, upon adequate supplies of capital funds,
materials, equipment, [advanced] technology, trained
[Workers personnel and managerial skill. Accordingly,
The Members shall impose no unreasonable impediments that
would prevent other Members from obtaining any such
facilities for their economic development on e equitable
terms, and shall co-operate in accordance with Article 11,
within the limits of their power, in providing or arranging
for the provision of such facilities."
Paragraph 2.
The Delegation of Australia proposes the following
revised wording of this paragraph (E/PC/T/W/127):
"2. Each Member, [in its treatment of other Members and
of business entities or persons within the jurisdiction
of other Members shall supply it with facilities for its
industrial and general economic development] into the
jurisdiction of which facilities of the kind spocified. in
paragraph 1 are supplied from sources in the jurisdiction
of other members, shall not only carry out all relevant
international obligations to which it may be subject or
which it may undertake pursuant to sub-paragraph (c) of
Article 61 or otherwise, but shall also in general take
no unreasonable action injurious to any related interest
of /such other Members, business entities or person
anoTher Member or a particular business entity or person
within the jurisdiction of another Member, where such
other Member, business entity or person respectively is
supplying the facilities."
The Delegation of Cuba has proposed the following
changes in this paragraph (E/PC/T/V.116):
"Each Member, in its treatment of other Member and of
business entities or persons within the jurisdiction .of
other Members which supply it with facilities for its
industrial and general economic development, shall not
only carry out all relevant international obligaions to
which it may be subject or which it may undertake pursuant
to sub-paragraph (c) of Article 61 or otherwise but also
shall in general take no [unreasonable] action which is
not necessary for its own economic or omployment needs,
but injurious to the interest of such other Members,
business entities or persons."
The Delegation of India proposes that the following text
be substituted for the present paragraph (E/PC/T/W.87): E/PC/T/W/125 Rev. 1
page 6
"Each Member which receives facilities for its industrial
and general economic development shall not only carry out
all international obligations regarding the treatment
of the enterprises, skills, capital, arts and technology
imported from other countries to which it may be subject
or which it May undertake pursuant to sub-paragraph (c)
of Article 61 or otherwise, but also shall in general
take no unreasonable action injurious to the interest
of the particular business entities or persons within the
jurisdiction of other Members which supply it with such
facilities. "
The Delegation of the United States of America proposes the
substitution of the following text for this paragraph (E/PC/T/W.123):
"2. In order to stimulate and assure the provision and exchange
of facilities for industrial general economic development,
each Member shall take no unreasonable action injurious to
the rights and interests of citizens or legal entities of any
other Member country, in the enterprise, skills, capital,
arts and technology which they have supplied.
Each Member shall accord to citizens and legal entities of
other mebers treatment less favorable than it accords to
its own citizens and legal entities with respect to opportun-
ities for making investments and the treatment of existing
and future investments provided, however, that exceptions
to such national treatment may be instituted or maintained
if essential national interest so requires and if such
exceptions are described in a statement filed With the
Organization and published. In uni vent, each Member shall
accord the citizens and legal entities of each other Member
treatment no less favorable than that accorded to the
citizens or legal entitieb of any third country.
Each Member shall accord adequate effective and prompt com-
pensation to the citizens and legal entities of any other
Member who may have an interest in any property which may be
taken into public ownership or placed under public management
or occupation."
The Delegation of the United States of America proposes the
addition of the following paragraph (E/PC/T/W.123):
"2 A. Any Member may file a statement with the Organization, in
addition to statements filed and published under sub-paragraph
(a), paragraph 2, of this Article, setting forth any
requirements, conditions or restrictions applicable to the
Opportunities for making investment and the treatment of
existing and future investments made by the citizens and
legal antities of other Member countries.
Such statement may by a amended from time to time by the
filing and publication of an amended statement. No Member
shell impose any reouirements, conditions or restrictions
on any investment of any citizen or legal entity of any other
Member country which are inconsistent with any statement which
was on file with the Organization at the time the investment
was made." E/PC/T/W/125.Rev.1.
Paragraph 7.
The Delegation of Cuta Proposes the deletion of this
paragraph (E/PC/T/W.116);
The Delegation of Czechoslovakia (E/PC/T/W.107) and that
of New Zealand (E/PC/T/W.96) propose the following revision of
this paragraph:
"3. any Member [, or with the authorisation of a
Member, any affeted business entity or person within
that Member's Jurisdiction,] may submit to the
Organization a complaint that action by another
Member is inconsistent with its obligations under
this Article. The Organization may, without prejudice
to the application of article 35, request the Members
concerned to enter into consultation with view to
reaching a mutually satisfactory settlement and may
lend its good offices to this end."
The Delegations of France and the United Kingdom have
suggested the following alternative text for this paragraph
(D.C. Report, page 9 end E/PC/T/W.59):
"3. Any Member may, on its own behalf or on behalf
of [or with the authorization of a Member] any
affected business entity or person within that
Member's Jurisdction [may] submit to the Organization
a complaint that action by another Member is
inconsistent with its obligations under this Article.
The Oranization may, without prejudice to the
application of article 35, request the Members
concerned to enter into consultation with a view to
reaching a mutully satisfactory settlement and may
lend its good offices to this end."
The Delegation of South Africa Proposes amending this
paragraph as follows (E/PC/T/W.102).
"3. Any Member, or with the authorisation of a Member,
any affected business entity or person within that Member's
Jurisdiction, may submit to Organization a complaint
that action by another Member is inconsistent with its
obligation6 under this Article. The Orgenization may
withoutt prejudice to the application of Article 35 ],
request the Members concerned to enter into consultation
with a view to reaching a mutually satisfactory settlement
and may lend its Good offices to this end."
Additional paragraph.
The Delegation of the United States of America suggests
the addition of the following paragraph immediately following
paragraph 3 (E/PC/T/W.123):
"4. The Organization is athorized to make recommendations
for and promote international agreement on measures designed to
assure just and euitable treatment for the enterprise,
skills, capital, arts and technologybrought form one Member
country to another, including the elaboration and adoption of
a general international code on investment principles." E/PC/T/W/125 Rev. 1
page 8.
Article 13 Governmental Assistance to Economic Development
Paragraph 1
The Delegation of Chile proposes an addition to this
paragraph as follows (E/PC/T/W.124):
"The Members recognize that special governmental
assistance may be required in order to promote the
establishment or reconstruction of particular
industries end that such assistance may take the form
of protective measures or others. At the same time
they recognize that an unwise use of such measures
would impese undue burdens on their own economies,
unwarranted restrictions on internataional trade and
might increase unnecessrily the difficulties of
adjustment for the economics of other countries."
The Delegation of India proposes that this paragraph
be revised as follows (E/PC/T/W .87):
The Members recognize that special governmental
assistance may be required [in order] to promote the
establishment or reconstruction of particular
industries and that the grant of such assistance
[may take] in the form of protective mesures is
Justified."
Paragraph 2
The Delegation of Chile Chile proposes that the following
text be substituted for this paragraph (E/PC/T/W.124):
"2. If a Member, in the interest of its programme
of economic development, adopt any protective or
other measures, of whatsoever kind, which confleats
or may conflict with any other provision of this Charter,
or with any other obligation which the Member has
sssumed Pursuant to Chapter V, and if such measure
affects the trade of another Member, the latter may
apply to the Organization, which which shall examine the
various aspects of the question and, should it preve
that the interests of third parties are in fact
substantially affected. shall invite Governments
which have adopted the agreements to agreements to negotiate and
conclude an arrangement with the said third parties.
Should such an arrangment not be concluded, the
Organizaion shall examine the question afresh and,
subject to such limitatoins as it considers
necessary, may release from the above-mentioned
obligations any Member that has adopted such
measures. " E/PC/T/W/125 Rev .1.
page 9.
The Delegation of New Zealand proposes the substitution
of the two following paragraphs for the present paragraph
2 ( E/PC/T/.114)
"2. Members undertake to employ in the interests of their
programme of development only those measures which are
consistent with the purposes, and as far as practicable, the
provisions of this Charter.
"3. Any member who considers his interests adversaly
affected by the. measures employed by another may complain
to the Organization whereupon thr procdure prescribed in
Article 35 shall apply."
Sub-paragraph (a)
The Delegation of Australia proposes a revision of this
sub-paragraph as follows (E/PC/T/W.127):
"2(a) (1) If a member, in the interest of its programme
of economic development, considers it dosirable to adopt
any protective measure which would conflict with any other
provision of this Charter, or with any obligation which
the member or members has assumed through nagotiations
with any other Member or Members pursuant to Chapter 5,
such Mumber shall notify the Organisation acordingly
and shall transmit to the Organisation a written state-
ment of the considersations in support of the adoption
of the proposed ,easire.
(2) The Organisation shall promptly [inform those
Members whose trade would be substantially affected by
the proposed measure and afford them an opportunity of
presenting their views] treansmit the representations made
therein to all other members.
(3) Any member which considers that its trade would
be substantially affected by the proposed measure shall
transmit its views to the Organisation within such be riod
as may be preseribed.
(4) The Organisation shall then promptly axamino the
proposed measure in the light of this chapter and of other
relevant provisions of the Charter and in making its
examination shall have regard to-
(i) the considerations presented by the applicant member
(ii) the views presented by members which consider that
their trade would be nda wouid bu suffected by the ictodd by tho
ure, and, , proposed m
(toria as to iii) such cri aproducetivity nd othr factors
rganisation may establish takingas L it Qga3a
ihe stage ento rount thf'evelopment orf economic do
recfonse applicant member.truction o tM
rliest rliL5L AL to OrçOrganisation<nisï tion
shalel determin whether or not iit coencursosed n th prop
any mmorasuro oon tereof and shall, thereupon,horç0of nn
bers advise mt.ncerned oetermination.",f its dt- E/PC/T/W/125, Rev. 1
Page 10
The delegation of China proposes the following changes
in this sub-paragraph (E/PC/T/W.82)
"If a Member, in the interest of its programme of
economic development [considers it desirable to adopt]
adopts any protective measure which would conflict with
any other provision of this Charter, or with any obligation
which the Member has assumed through negotiations with
any other Mtcmber or Members pursuant tc, Chapter V, it
shall so notify the Orguzlization and shall transiait to
the Organization a written statement of the considerations
in support of. the adoption of the [proposed] measure. The
Organization shall promotly inform those Members whose
trade would be substantactll affected by be [proposed]
measure and afford them an opportunity of presenting their
views. The Organization shall then promptly examine the
[propsed] i-li- in the light of the provisions of this
Chapter and other relevant provisions of this Charter, the
considerations presented by the applicant Member, the
views presented by the other Members which would be
substantially affected by the [proposed] measure and such
criteria as to productivity and other factors as it may
establish, making into account the stage of economic
development or reconstruction of the applicant Member."
The Delegation of Czechoslovakia proposes the amendment
of this sub-paragraph as follows (E/PC/T/W.108):
"If a Member in the interest of its programme of economic
development or reconstruction considers it desired le to
adopt any protective measure which would conflict with
any other provision of this Charter, or with any obligation
which the Member has assumed through negotiations with
any other Member or Member pursuant to Chapter V,. it shall
so notify the Organization and shall transmit.to the
Organization a written statemenmt of the considerations in
support of the adoption of the proposed measure. The
Organization shall promptly inform those Members whose
trade would be substantially affected by the proposed
measure and afford them an opportunity of presenting their
views. The Organization shall then promptly examine the
proposed measure in the light of the provisions of this
Chapter and other relevant provisions of this Charter, the
considerations presented by the applicant Member, the views
presented by the other Members when would be substantially
affected by the proposed measure and such criteria as to
productivity and other factors us it may establish, taking
into account the stage of economic development or
reconstruction of the applicant Member."
The Delegation of the United Kingdom proposes the following
revision of this paragraph (E/PC/T/W.11O):
"If a Member, in the interest of its programme of economic
development, considers it desirable to adopt any protective
measure which would conflict with any other provision of
this Charter, or with any obligation which the Member has E/PC/T/W.125 Rev.1
Page 11.
assumed through negotiations with any other Member or
Members pursuant to Chapter V, it 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 Organization
shall [promptly] as soon as possible and in ant event
within fifteen days inform those Members whose trade
would be substantially affected by the proposed measure,
and afford them an opportunity of presenting their views.
Such views shall be presented as soon as possible and in
any event within two calendar months of the receipt of
the Organization's communication. The Organization shall
then promptly / as soon as possible and in any Event within
one calendar month of the receipt of such views proceed to
examine the proposed measure in the light of the provisions
of this Chapter and other relevant provisions of this
Charter, the considerations presented by the applicant
Member, the views presented by the other Mombors which
would be substantially affected by the proposed measure
and such criteria as to productivity and other factors-
as it may establish, taking into account the stage of
economic development or reconstruction of the applicant
Sub-Paragraph (b).
The Delegation of Australia proposes the following revision
of this sub-paragruph (E/PC/T/W.127).
"2 (b) (1) If, as a result of its [examination] determination
pursuant to sub-paragraph (a) (5) of this Article, the
Organization concurs in any measure which would be inoon-
sistent with any obligation that the applicant Member has
assured through negotiations with any other member or
members pursuant to Chapter 5, 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 which would be
substantially affected, with a view to obtaining substan-
tial agreement.
(2) Members undertake that they vvill commence the
negotiations provided for in sub-paragraph (b) (1) of this
Article within such period as the Org nization may
preseribe and that they will thereafter, unless the
Organization otherwise approves, proceed continuously
with such negotiations with a view to reaching substantial
agreement as early as practicable.
(3) Upon [such] substantial agreement being reached
the Organization may release the applicant Member from
the obligation [in question] referred to in sub-paragraph
(b) (1) of this Article or from any other relevant
obligation under this Charter subject to such limitations
as may have been agreed upon in the negotiations betwoeen
the members concerned or such further limitations as the
Organization may impose." E/PC/T/W.125 Rev.1
Page 12
The Delegation of China has reserved its position regarding
the bracketed part of this sub-paragraph (D.C. Report, page 9,
comments on paragraph 2(b) ):
"If, as a result of its examination pursuant to
sub-paragreph (a), the Organization concurs in
any measure which would be inconsistent with any
obligation that the applicant ,Member has assumed
through negotiations with any other Member or
: Members pursuant to Chapter V 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 which would be substantially affected, with
a -view to obtaining substantial agreement. Upon
such agreement being reached the Orgranization may
release the applioant Member from the obligation in
question or from any other relevant obligation under
this Charter, [subject to such limitations as may
have been agreed upon in the negotiations between
the Members concerned] or such further limitations
as the Organization may impose."
Sub-paragraph (c)
The Delegation of Australia suggests certain, additions to
this sub-paragraph, as follows (E/PC/T/W.127):
"2(c) If, as a result of its examination pursuant to
- sub-paragraph (a) (4) of this Article the Organization
concurs in any measure, other than those provided for in
sub-paragraph (b) (1) of this Article, which would be
inoonsistant with uny other provision of this Charter,
the Organization may release the applicant Member from
any obligation under such provision subject to such
limitations as the Organization may impose."
The Delegation of Cuba reserved its position concerning
paragraph 2 at the Drafting Committee (D.C. Report, page 9,
comments under paragraph 2(a) (ii) ), and has now indicated
that it may suggest a reformulation of the whole Article or
the transfer of corresponding provisions to an Article to be
inserted after Article 26.
Additional texts
The additional text to Article 13 on page 8 of the D. C.
Report was proposed by the Delegate for India and supported
by the Delegates for China, Cuba and New Zealand.
The Delegation of India has advised the Secretariat
that it is withdrawing the previously proposed additional
text to this Article in favour of a new Article that that
Delegation has proposed to be inserted after article 26
relating to quantitative restrictions for protective purposes
(E/PC/T/W.64). E/PC/T/W.125 Rev.1
page 13
The Delegation for Lebanon has proposed the following
additional sub-paragraph (D.C. Report, page 9, comments on
paragraph 2(9) under (iii) ):
"(d) Members recognize that the development of
industry in small natious is hampered by the lack of
sufficiently large market for manufactured goods.
Consequently the Organization shall give the most
favourable consideretion to any prpposal for
preferential tariff arrengements presented to it by
small Member netious belonging to one economic region,
aiming at the development of industry in that region,
wïth a view to releasing them from their obligations
under Chapter V."
The Delegation of Netherlands suggests that a new sub-
paragraph (d) be added to this paragraph (E/PC/T/W.121):
"(d) It is undarstood that among the limitations to
be imposed by the Organization under sub-paragraphs
(b) and (c) will be a specific period of time during
which the measure in question admitted. Such period
of time cen-be extended by the Organization."
The Delegation of the United Kingdom proposes. the addition
of the following two sub-paragraphs (E/PC/T/W.110):
"(d) If a Member considers that there has been unreason-
able delay in the proceure provided for by this paragraph
it may at any time after five calender months have elapsed
from the date of the notifcation referred tp om sub-
paragraph (a) of this paragraph and pending its release by
the Organization from the conflicting obligation,
provisionally adopt a measure falling under sub-paragraph
(c) of this paragraph which it has notifiedit has notified the Organiza-
tion that it wishes to adopt; providod that athe measure
shall be withdrawn if the Organization, after full
consideration, decides that it is unable to release the
Member from its conflicting obligation.
"(e) If any Member is applying any protective measure
of the kind referred to in sub-paragraph (a) of this
paragraph at the date of entry into force of the
charter, the Member, if it desires to continue such
measure, shall within two calender months of that date
transmit to the Organization a statement as provided
in that sub-Paragraph. The Organization shall examine
the measure in the light of the matters referred to in
the lest sentences of that sub-paragraph and the Member
may continue the measure pending a determination by
the Organization."
The Delegation of Australia proposed the addition of the
following paragraph (E/PC/T/W. 127):
"3, For the purposes of this Article, the Organization
shall determine procedures so that any submission made
by a Memberuunder this Article shall be examined
expeditiously with a view to determination being
reached and such release as may be appropriate being
granted as early as possible." E/PG/T/VÇ .125 rev.1.
page 14.
The Delegation of the Netherlands proposes the addition
of the following new paragraph(E/PC/T/W121)
"3; If a Member, in the interest of its programme of
economic development considers it Cesirble to
adopt a quantitative restriction, it shall transmit
- to tho Oranization of the in advance of' the
initiation of the restriction as may be practicable
a written statement of the considerations in support
of the option of the restriction. The Organization
.thereupon will, after consultation with the applicant
member and any other members concerned, determine
time limit prior to which the restriction should be
revoked. Such time limt can be extended by the
Organization."
The Australian Delegation proposes the adition of a
new article as follows (E/PC/T/W.127)
Article 13A.
Where a Member is, at the time of joining
Organization, using any protective measure which conflicts
with the provisions of the Charter or with any obligation
which the Member may assume through negotiations with any other
Member or Members, the Mrember shall not, during a period of
twelve months of joining" the Organisation, be required to
abandon the use of sach measure, unless the Organisation. by
reason of special circumstances otherwise determines. Provided.
that if a member who at the time of joining the Orgaization
is using any protective measure of the kind described ir this
Article desires to continue to use such measure beyond a period
of twelve months of joining the Organization, the Member shall,
within nine months of joining the Organization, notify the
Organization accordingly and, at the time, transmit to the
Organization a statement of the considerations in support of
continuance of the measure. On receipt of the notification.
the Organization shall ceal with the matter in accordance
with -the provisions of Article 13 as if the protective measure,
the use of which it is desired to continue, was one which the
Member desired to adopt in the interest of its programme of
economic development, that, in determing what
release, if any, should be granted to the applicant Member,
the Organization shall take into account the need of the
Member to provide for an orderly transition where one measure
of protection requires to be replaced by a different or
modified measure of protection."
when submitting their amendments to Chapter IV, the
Australian Delegation also proposedcertain amendmens to
related parts of Chapter VIII (E/PC/T/W.127).
The Delegation of the United State of America has
also proposed certain additions to Chapters I and VIII in
view of its proposed amendments to Chapter IV (E/PC/T/W.123). |
GATT Library | kp008fv4085 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Annotated Agenda relating to the draft general Agreement on Tariffs and Trade | United Nations Economic and Social Council, August 30, 1947 | United Nations. Economic and Social Council | 30/08/1947 | official documents | E/PC/T/W/312 and E/PC/T/W/307-344 | https://exhibits.stanford.edu/gatt/catalog/kp008fv4085 | kp008fv4085_90050464.xml | GATT_152 | 4,011 | 27,422 | RESTRICTED
ECONOMIC CONSEIL E/PC/T/W/312
AND ECONOMIQUE 30 August 1947
SOCIAL COUNCIL ET SOCIAL ORIGINAL: ENGLISH
SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOTMENT
ANNOTATED AGENDA RELATING TO THE DRAFT
GENERAL AGREEMENT ON TARIFFS AND TRADE
This Agenda is to be road in conjunction with the revised
version of the Draft General Agreement recommended by the
Tariff Negotiations Working Party (E/PC/T/189).
The Agenda has been prepared by the Secretariat on the
basis of amendments and other proposals received up to noon
Saturday 30 August relating to the General Agreerment proper
but not those relating to the Schedules alone. Where possible
underlining has been provided to indicate additions to, and
square brackets deletions from, the text of the Draft General
Agreement.
The explanatory comments by the Tariff Negotiations
Working Party relating to the inclusion of certain of the
Articles are not reproduced in this annotated agenda but will
be found on pages 4 - 9 of E/PC/T/135.
General Note: The U.K. Delegation .suggests that "Contracting
Governnent" and "Contracting Governments" should be substituted
for "Contracting Party" and "Contracting Parties" throughout
the text. (E/PC/T/W/273). In this connection it will be noted
that the Czechoslovakian Delegation has expressed the view that
"Governments" should be changed to "States" since, in its
opinion, States rather than Governments are the contracting
parties under International Law. (E/PC/T/W/274 and 285).
ARTICLE I
General most-favoured-nation Treatment
The French Delegation has suggested that the beginning of
paragraph 3 should be amended to read (E/PC/T/W/287):
"3. The margin of preference on any product in
respect of which a preference is permitted under
paragraph 2 of this Article shall not exceed
(a) in respect of any produce described in the
Schcdule to this Agreement, the margin laid down
in the Schedule or the margin by which the
schedule most-favoured nation rate exceeds the
scheduled preferential rate or, in the case ... etc."
ARTICLE II
Schedules of Concessions
Paragraph 2
The French Delegation has suggested that this paragraph
might read (E/PC/T/W/287 :
UNITED NATIONS
NATIONS UNIES E/PC/T/W/312
page 2
"2. No Contracting Party shall adopt measures
likely to impair, directly or indirectly the effect
of the concessions provided for in the tariff Schedule
annexed to this Agreement, whether by introducing or
increasing duties and charges (other than customs duties
and fees for services rendered) imposed, or in connection
with importatin, unless such measures are prescribed by
legislation currently in force, or by altering its method
of determining dutiable value or of converting currencies
for calculating this value."
Paragraph 3
The Norwegian Delegation suggests the deletion from the last
sentence of the words from the territories of contracting
parties" and suggests the addition of the following sentence to
the end of that paragraph (E/PC/T/W/272):
"Due regard shall be had to the fact that some monopolies
are established and operated mainly for social, cultural,
humanitarian or revenue purposes."
Paragraph 4
The Norwegian Delegation questions whether this paragraph
should not contain a provision to the effect that the contracting
parties should, as soon as possible, bring their legislation into
line with the obligations undertaken (E/PC/T/W/272).
PART II
The views of various delegations on the deletion or retention
of this Part are given in Document E/PC/T/W/301 which will shortly
be supplemented with an analysis of the views expressed orally
during the discussion of this question in recent meetings of the
Tariff Agreement Committee.
ARTICLE III
National Treatment on Internal
Taxation and Regulation
No comment.
ARTICL.E III A
Special Provision relating to
Cinematograph Films
The text approved by the Preparatory Committee on this
subject has been included in the revised draft of the General
Agreement for the reason that cross reference to this provision
appear in other Articles previously included.
ARTICLE IV
Freedom of Transit
No comment.
ARTICLE V
Anti-dumping and Countervailing Duties
No comment. E/PC/T/W/312
page 3
ARTICLE VI
Valuation for Customs Purposes
No comment.
ARTICLE VII
Formalities Conneccted with
Importation and Exportation
No comment.
ARTICLE VIII
Marks of Origin
No comment.
ARTICLE IX
Publication and Administration of Trade Regulations
No comment.
ARTICLE X
General Elimination of Quantitative Restrictions
No comment.
ARTICLE XI
Restrictions to Safeguard the Balance of Payments
No comment,
ARTICLE XII
Non-discriminatory Administration of
Quantitative Restrictions
No comment.
ARTICLE XIII
Exceptions to the Rule of Non-discrimination
No comment.
ARTICLE XIV
Exchange Arrangements
No comment.
ARTICLE XV
Subsidies
No comment. E/T/w/312
page 1
ARTICLE XVI
Non-discriminatory Treatment on the part of
State-Trading-Enterprises
No comment.
ARTICLE XVII
Adjustments in Connection with
Economic Development
No comment.
ARTICLE XVIII
Emergency Action on Imports of
Particular Products
No comment.
ARTICLE XIX
General Exceptions
Nocomment.
ARTICLE XX
Consultation
No comment.
ARTICLE XXI
Nullification or Impairment
No comment.
PART III
ARTICLE XXII
Territorial Application - Frontier Traffic - Customs Unions
The Australian Delegation suggests that this Article be
transferred to Part II of the Agreement (E/PC/T/W/277).
Paragraphs 3, 4 and 6
The Czechoslovakian Delegation suggests that paragraphs 3, 4
and 6 be deleted (E/PC/T/W/285).
Paragraph 3.
The Australian Delegation suggests that the opening words
be revised to read (E/PC/T/W/277): "No contracting party shall
initiate put into operation or maintian ..."
ARTICLE XXIII
Joint Action by the Contracting Parties
Paragraph 1
The Czechoslovakian Delegation suggests that this paragraph
be deleted (E/PC/T/W285). E/PC/T/W/312
page 5
Paragraph
The Czechoslovakian Delegation suggests that this
paragraph be deleted, or alternatively that provision should
be made for the Committee to be convened by the Economic and
Social Council at a date determined by the Council (E/PC/T/W/
274 and 285)
Paragraph 3
The Czechoslovakian Delegation suggests that this para-
graph be deleted (E/PC/T/W/285).
Paragraph
The Czechoslovakian Delegation suggests that this
paragraph be deleted (E/PC/W/285).
Paragraph 5
The Czechoslovakian Delegation suggests that this
paragraph be deleted (E/pc/C/T/w/285).
The UnIlted Kingdom Delegate suggests the insertion
of the words (E/PC/T/W/273): "Except where otherwise
provided for in this Agreement decisions of the Committee
shall be taken by simple majority of the votes cast".
Paragraph 6
The Czechoslovakian Delegation suggests the deletion
of this paragraph (E/PC/T/w/285).
Paragraph 7
The Czechoslovakian Delegation considers that the term
"is capable of excercising its functions" is rather vague and
that a definite date ought to be inserted in the Agreement.
(E/PC/T/w/274).
The Czechoslovakian Delegation has also suggested that
this paragraph should be revised to read (E/PC/T/W/285)
"As soon as the ITO his been established, the Contracting
parties shall transfer to it all functions arising from the
administration of the provisions of this Agreement."
The Norwegian Delegation proposes the deletion of this
paragraph and suggests that any provision which might be
necessary to accomplish the transfer to the ITO of the
functions of the temporary Committee, should be placed
logically in Article XXVIII (E/PC/T/W/272).
The United Kingdom Delegtion suggests the deletion
of the words... . by amendment Pursuant to Article XXVII may
discontinue the meeting provided for in this Article and ..."
The United Kingdom Delegation suggests that after "may"
and before "transfer" the words "by a two-thirds majority"
should be inserted (E/PC/T/W/273). E/PC/T/W/312
page 6
The Australian Delegation suggests that paragraph 7 be
amended to read (E/PC/T/W/277):
"As soon as the ITO has been established and is capable
of exercising its functions the contracting parties by
amendment pursuant to Article XXVII may discontinue the
meetings provided for in this Article shall be discontinued
and may transfer to the Organization the function of giving
effect to those provisions of this Agreement which involve
joint action by this contracting parties shall be transferred
to the Organization."
Paragraph 8
The Czechoslovakian Delegation suggests the deletion of
this paragraph (E/PC/T/W/274).
Paragraph 8(a)
The Austrlian Delegation suggests the addition of the
following paragraph (E/PC/T/W/277):
"The Committee may take such action as it does neccessary
for the performance of its functions and may enter into such
arrangements with the Secretary-General of the United Nations
as may be necessary for this purpose".
ARTICLE XXIV
Definitive Entry into Force
Paragraph 3(a)
The Czechoslovakian Delegation proposed the deletion of
the words and which is not self-government in matters provided
for by this agreement" (E/PC/T/W/274 and 285).
Paragraph 3(b)
The United Kingdom Delegation suggests the deletion of
"undertake the obligations" and the substitution of "apply the
provisions". (E/PC/T/W/273).
The Czechoslovakian Delegation proposes the deletion of the
second sentence (E/PC/T/W/274).
The Australian Delegation proposed the following revision
of the second sentence (E/PC/T/W/277):
"The government of such separate customs territory shall
with the consent of the Committee and upon such terms as the
Committee may determine be entitled to "appoint a repre-
sentative to the Committee"."
Paragraph 4
The CzechosIovakian Delegation suggests the addition, after
"Annex H" at the end of the sentence, of the words"..... and if
there are no objections raised by the Economic and Social Council
of the United Nations". (E/PC/T/W/285). E/PC/T/W/312
page 7
ARTICLE XXV
Withholding- or Withdrawal of Benefits
The Czezhoslovakian Delegation proposes that this article
be amended as follows (E/PC/T/W/285):
"Any contracting party shall at any time be free to
withhold or to withdraw, in whole or in part any concession
provided for granted under par.1 of Article II in respect
of which such contracting party determines that it was
initially negotiated with a government State which has not
become or has ceased to be a contracting party, provided that
the contracting party taking .such action shall give notice to
all other contracting parties and, upon request, consult with
such of the other contracting parties which the Committee
determines to have a substantial interest in the product
concerned."
ARTICLE XXVI
Modification of Schedules
The United Kingdom Delegation suggests that modification"
in the title should be deleted and replaced by "Variation"
(E/PC/T/W/273).
In line 1 the United Kingdom Delegation suggests that the
words "on or after November 1 1950" be replaced by "After three
years from the date of provisional application of this Agreement"
(E/PC/T/W/273).
The Czechoslovakian Delegation considers that mention of
a date should be avoided (E/PC/T/W/274).
The Czechoslovakian Delegation suggests the deletion of
the words (E/PC/T/W/285): "...and subject to consultation with
the other contracting parties which the Committee determines
have a substantial interest in the trade in the product concerned
cerned ...."
In line 6 the United, Kingdom Delegation proposes the
deletion of "modify" and the substitution of "vary" (E/PC/T/W/273)
ARTICLE XXVII
Amendments
The Czechoslovakian Delegation suggests the deletion of
this Article on the ground that the agreement should cease to
be effective as soon as the ITO is established (E/PC/T/w/274
and 285).
The Norwegian Delegation considers that amendments to the
General Agreement ought to be made only by unanimous decision
(on the assumption that Part II were to be deleted) and that no
specific amendment procedure need be included in the Agreement.
(E/PC/T/W/272).
The Labanese and Syrian Delegations proposed that those
provisions of the Charter which correspond to Part II of the
General Agreement should be automatically incorporated in the
latter (E/PC/T/W/291). page 8 E/PC/T/W/312
paragraph 1
The United Kingdoin Delegatipn proposes that this
paragraph should be detached from the rest of the article end
made into a new Article with the title "suspension and
Supersession" (E/PC/T/w/273).
The Indian Delegation suggests the deletion of "two-thirds"
and the substitution of the majority". (E/PC/T/W/278).
The Australian Delegation suggests provisionally that this
paragraph be amended to read as follows (E/P'C/T/w/277);
"1. (If; on or after the day of the signature of the Charter
of the ITO, two-thirds of the contracting parties so agree)
On the day of coming into force of the Charter Part II of this
agreement (in whole or in part) shall for those contracting
parties who have accepted the Charter in relation to other
contracting parties who also have accepted the Charter be
(suspended on a specifiod day and shall, on cind after such
day, be) superseded by the provisions og the Charter (for
such tine as the Charter remains in force provided that all
the contracting parties to this Agreement shall on that date
have become members of the International Trade organization)
provided that if by 31 December 1948 the Charter shall not
have come into force or if on any date thereafter during the
operation of this agreement the Charter shall cease to be in
force, the contracting parties agree to consult as to the way
tha provisions of this agreement should be supplemented or
amended.
Paragraph 2
The United Kingdom Delegation suggests that this paragraph
should become a new Article entitled "Amendments" and that
consequently after "provisions of this, Article" the words "or of
Article XXVII" should be inserted (E/PC/T/W/273).
Paragraph 3
The Indian Delegation suggests the deletion of the second
sentence (E/PC/T/W/278).
ARTICLE XXVIII
Withdrawal
The Norwegian Delegation proposes that this article be
redrafted to give expression to the following points (E/PC/T/w/274:
"(a) The General Tariff agreement has been concluded on
the assumption of the establishment of an International Trade
Organization. If this assumption should not materialize, it
should be open to all the parties to the Agreement to withdraw
on short notice after the conclusion of the Havana Conference
without positive results.
"(b) If the International Trade Organization is established
as anticipated, the states which are parties to the tariff
agreement must adhere to the International Trade Organization
within a reasonably short time, say six months after the Havana
Conference, or else withdraw from the multi-lateral tariff
agreement unless permitted to continue to be parties to that
agreement by unanimous decision of the other parties thereto. . E/PC/T/W/312
page 9.
"(c) As soon as the International Trade Organization
has been constituted and has begun its activities the
Committee mentioned in Article XXIII should disappear
and its functions be transferred to the Tariff Committoe
of the International Trade Organization as mentioned
under Article XXIII above.
"(d) On or after 1 November 1950, any contracting party
to the tariff agreement may withdraw in conformity with
the rules of the present draft of Article XXVIII."
The Czechoslovakian Delegation considers that contracting
parties should have the right to withdraw at any time, since
otherwise such contracting parties might find themselves
subject, simultaneously, to two different and equally effective
International conventions. (E/PC/T/W/271+).
In lino 1, the Unitod Kingdom Delegation proposes the
deletion of "on or after 1 November 1950" and the substitution
of "after three years from tho provisional entry into force
of' this Agraoment" (E/PC/TAI/273).
In line 3, the Unitod Kingdom delegation suggests the
deletion of "on," and substitution of "any".
ARTICLE XXIX
Status of prior International Obligations
The Czechoslovakian Delegation proposes that the present
Article be deleted and replaced by the following text
(E/PC/T/w/274 and 285):
"The contracting parties shall put in force the
provisions of this Agreement by way of their existing
commercial treaties. Where there is no commercial
treaty existing among the respective countries, this
Agreement shall provisionally take the place of such
a treaty."
Paragraph 1
The Australian Delegation proposes the following re-
draf t (E/PC/T/W/277):
"Obligations entered into under this Agreement shall
supersede any prior international obligations between
contracting parties to the extent that they are
inconsistent therewith. "
Paragraph 2
The Chinese Delegation proposes that this paragraph be
temporarily deleted (E/PC/T/W/275).
The Australian Delegation proposes that this paragraph
be amended as follows (E/PC/T/W/277): E/PC/T/W/312
page 10.
"The contracting parties shall after the Agreement
shall have definitively entered into force take all
necessary steps to terminate any prior international
obligations with any non-contracting party to the extent
that they are inconsistent with this Agreement."
ARTICLE XXX
Status of Contracting Parties
Paragraph .
The United Kingdom Delegation proposes the following
amendment (E/PC/T/W/273): "The expression "Contracting
Governments" shall mean those Governnents which are applying
this Agreement either provisionally or pursuant to
Article XXIV".
The Czechoslovakian Delegation suggests the replacement
of "Governments" by "States" (E/PC/TAq/271F and 285).
Paragraph 2
The Czechoslovakian Delegation proposes the deletion
of this paragraph (E/PC/T/W/274 and 285).
ARTICLE XXXI
Adherence
In the title the United Kingdom Delegation proposes the
deletion of "Adherence" and the substitution of "Accession"
(E/PC/T/W/273). In line 1 the Unitod Kingdom Delegation
suggests the deletion of "adhere" and substitution of "accede".
(E/PC/T/W/273).
The Czechoslovakian Delegation suggests the following
revised version of this article (E/PC/T/W/285):
"1. A state not party to this Agreement may adhere
to it by depositing with the Secretary-General of the
United Nations an instrument of adherence accompanied
by a schedule of tariff concessions agreed upon by
this State and the other signatories of this Agreement
representing two-thirds of the foreign trade of the
state concerned. Tariff reductions agreed upon in
the previous commercial treaties existing among the
signatories of this Agreement and the adhering state
may be included in the schedule.
"2. Should the Charter not have entered into force
on 1 November 1948, the Secretary-General of the
United Nations shall convene a meeting of the
contracting parties to reconsider the situation and
to decide on further steps to be taken."
The Czechoslovakian Delogation has also suggested that
the Article may read (E/PC/T/W/274): E/PC/T/W/312
page 11.
"States Members of the United Nations not parties to
this Agreement may adhere to it on terms to be agreed
upon between then and the contracting parties. Other
states can be admitted only with the prior approval of
the Economic and Social Council."
ARTICLE XXXIA. Registration of the Agreement
The Chinese Delegation suggests the addition of a new
Article as follows (E/PC/T/W/276):
"The United Nations is authorized to effect the
registration of this agreement as soon as it comes into
force" .
ARTICLE XXXII
Provisional Application
The United Kingdom Delegation would delete this Article
and proposes the now arrangement and provisions indicated
below (E/PC/T/W/273):
1. There should be a single instrument laid out as
follows:
-A. General Agreement (Articles I to XXXI) followed
by signatures:
B. Three paragraphs without title commencing'"The
Governments of ............ ", relating to
provisional application of the General Agreement:
.C. Protocol of signature.
It would be reasonable to interpret the signatures
as relating to all three parts of the instrument.-
2. Article XXXII would disappear, and also the
references to it in Article XXII(I) and Article XXX.
3. The paragraphs dealing with provisional application
would run as follows:
1., The Governments of .. .... undertake each
to give notice to the Secretary-General of the
United Nations not later than ............... of
its intention to apply provisionally, as from
S in respect. of its metropolitan
territory and as soon as possible thereafter in
respect of any other territory for which it has
international responsibility and which is not
self-goevrning in its external commercial
relations and in matters provided for by the
General Agreement.
(i) Parts I and III of the General Agreementi
(ii) Part Il of that Agreement to the fullest
extent, not inconsistent with existing
legislation. E/PC/T/W/312
page 12.
2. Any signatory Goverrnment may at any time give
notice to the Secretary-General of the intention
of the Government of any territory for which the
signatory Government has international responsi-
bility and which is self-governing in the conduct
of its external commercial relations and in the
matters provided for in the General Agreement, to
apply provisionally
(i) Parts I and III of the General Agreement;
(ii) Part II of that Agreement to the fullest
extent not inconsistent with existing
legisiation.
3. Pending the entry into force of the General
Agreement any signatory Government may give written
notice to the Secretary-General of the United
Nations, to take effect upon the expiry of 60 days
from its receipt, that it or any Government, in
respect of which notice has been given to the
Secretary-General of the United Nations under
paragraph 2 above, intends to cease to apply
provisionally in whole or in part the parts of
the General Agreement referred to above.
The Norwegian Delegation observes that (E/PC/T/W/272):
If Part Il of the General Agreement is left out, there
would not seem to be a need for distinguishing between
"definite" and "provisional" entry into force of the
agreement. The whole Agreement would be conditional
upon the subsequent entry into force of the Charter and
the establishment of the International Trade Organization.
The Czechoslovakian Delegation suggests (E/PC/T/W/285)
"delete in paragraph 1, sub-paragraph 3"
(It would appear that the reference is intended
to be to sub-paragraph 1(b)).
Paragraph 1
The Australian Delegation suggests the substitution of
"December 15, 1947" for "November 1, 1947" in the last line of
the preamble (E/PC/T/w/277).
The United States Delegation suggests the same change
both at the end of the preamble and at the end of sub-paragraph
"6", and would add after the words "December 15, 1947" at the
end of the preamble the words "and provided that the
signatures of all such Governments shall have become effective
by December 1, 1947 ..." (E/PC/T/W/271).
Paragraph 2
The Australian Delegation considers that the spaces for
the time and place of signature in the last lino should remain
blank for the present. E/PC/T/W/312
page 13.
The United States Delegation suggests that after the
present paragraph 2, following the list of countries, the
following words should be added: (E/PC/T/W/271):
"This signature shall become effective when the
Government of (named in paragraph 1) has given written
notice no that effect to the Secretary-General of the
United Nations, who well immediately notify all other
signatories of this Agreement".
PROTOCOL OF SIGNATURE
The Norwegian Delegation expresses the view
(E/PC/T/W/272) that in the General Agreement as envisaged by
the Norwegian Delegation the Protocol might be deleted, whilst
certain of its clauses might be included in the Preamble, if
that shouId be deemed necessary. The words "to the fullest
extent of their authority" seem to go too far and to imply a
definite and binding commitment to the "principles" of the
draft Charter in such a way as to hamper to a very great
extent the free action of the, Havana Conference.
Paragraph 3
The Czechoslovakian Delegation suggests that tho words
"through the Economic and Sociail Council of the United Nations"
may require change in view of the fact that the Draft Charter
itself will not have been submitted through that body.
(E/PC/T/w/274 and 285).
Paragraph 4
The Czehoslovakian delegation suggests the deletion of
this paragraph and the corresponding modification of the
preceding paragraph (E/PC/T/W/w/274 and 285).
Paragraph 5
The United Kingdom Delegation suggests that the follow-
ing paragraph be added (E/PC/T/W/273):
"This protocol shall remain open for signature by
or on behalf of any Government which may apply the
General Agreement provisionally or upon whose behalf
an instrument of acceptance has been deposited under
Article XXIV, or which has acceded to the General
Agreement under Article XXXI."
PROPOSED ADDITIONAL PROTOCOL TO COVER
RETATIONS WITH GERMANY, JAPAN AND KOREA
The United States Delegation has proposed the following
draft protocol for this purpose (E/PC/T/W/311):
"The governments signatory to the Genaral Agreement
on Tariffs and Trade, dated , 1947
recognize the desirability that Germany, Japan and Korea
as soon as is practicable assume the full obligations
of said Agreement and of the Charter for the Inter-
national Trade Organization. Also recognizing, however, E/PC/T/W/312
page 14.
that the external trade of these areas cannot be
conducted in a normal manner under present circumstances
of military occupation, the signatory governments agree
that nothing contained in said Agreement shall apply in
any way to Germany, Japan or Korea, or to any occupying
authority therein, or to trade in either direction
between the territory of any signatory government and any
of these areas.
"The signatories further agree that the provisions
of this protocol shall remain in force respectively with
regard to Germany, Japan and Korea until occupation of
such area is officially declared at an end or until such
area is found by the occupying authorities and the
parties to said Agreement to be capable of undertaking
the obligations of said Agreement.
"The signatories further agree that any signatory or
signatories may nevertheless make separate or joint
agreements with the appropriate authorities of any such
areas under which the latter would derive certain or all
of the benefits granted to the other signatories under
said Agreement.
"The terms "Germany, Japan or Korea" wherever used or
referred to in this protocol shall mean "Germany, Japan
or Korea or any part thereof. ""
ANNEXES TO THE GENERAL AGREEMENT.
ANNEX A
No comment.
ANNEX B
No comment,
ANNEX C
No comment.
ANNEX D
No comment.
ANNEX E
No comment.
ANNEX F
No comment.
ANNEX G
No comment.
ANNEX H
No comment. |
GATT Library | qq453mv9298 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Annotated Agenda relating to the schedules to the General Agreement on Tariffs and Trade | United Nations Economic and Social Council, September 6, 1947 | United Nations. Economic and Social Council | 06/09/1947 | official documents | E/PC/T/W/325 and E/PC/T/W/307-344 | https://exhibits.stanford.edu/gatt/catalog/qq453mv9298 | qq453mv9298_90050479.xml | GATT_152 | 0 | 0 | |
GATT Library | rr936gm9989 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Annotated Agenda relating to the schedules to the General Agreement on Tariffs and Trade | United Nations Economic and Social Council, September 6, 1947 | United Nations. Economic and Social Council | 06/09/1947 | official documents | E/PC/T/W/325 and E/PC/T/W/307-344 | https://exhibits.stanford.edu/gatt/catalog/rr936gm9989 | rr936gm9989_90050479.xml | GATT_152 | 1,051 | 6,954 | RESTRICTED
UNITED NATIONS ECONOMIC NATIONS UNIES CONSEIL E/PC/T/W/325
AND ECONOMIQUE 6 September 1947
SOCIAL COUNCIL ET SOCIAL ORIGINAL: ENGLISH
SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT
ANNOTATED AGENDA RELATING TO THE SCHEDULES
TO THE GENERAL AGREEMENT ON TARIFFS AND TRADE
This agenda is to be read in conjunction with the proposals
of the Tariff Negotiations Working Party, E/PC/T/153. It will
be noted that the paper presented by the Working Party has taken
account of Sections E and G of Annexure 10 to the Report of the
First Session, (E/PC/T/33), and of Part III of the Report of the
Drafting Committee relating to the General Agreement (E/PC/T/34).
The agenda has been prepared by the Secretariat on the
basis of amendments and other proposals received from Delegations
up to noon Saturday, September 6. Where appropriate, under-
lining haz been provided to inddate additions to, and square
brackets to indicate deletions from, the text proposed by the
Tariff Negotiations Working Party.
1. Identification of Schedules (see pages 1 and 2 of
No comment.
2. Covering Statement Relating to each Schedule (see page
of E/PC/T/153 and the substitute paragraph 1 suggested
on page 4 of the same document, for cases in which the
territory is negotiating exclusively on maximum margins
or preference).
Paragraph 1.
The French Delegation considers that this paragraph is
unnecessary in view of the provisions of Paragraph 1 or
Article II of the General Agreement and in view of the
following redraft of paragraph 2 of Article II (E/PC/T/W/287)
proposed by the French Delegation:
.
. E/PC/T/W/325
page 2
"2. No Contracting Party shall adopt measures
likely to impair, directly or indirectly, the effect
of the concessions provided for in the tariff Schedule
annexed to this Agreement, whether by introducing or
increasing duties and charges (other than customs
duties and fees for services rendered) imposed of, or
in connection with importation, unless such measures
are prescribed by legislation currently in force, or
by altering its method. of determining dutiable value,
or of converting currencies for calculating this value."
The United Kingdom Delegation suggests that the and of the
first sentence should be amended to read, "subject to the terms,
conditions or qualifications therein set out"(E/PC/T/W/295).
The United Kingdom Delegation suggests the deletion at the
end of the paragraph of the words "or required to be imposed ...
that day" (E/PC/T/W/295).
Paragraph 2
The French Delegation considers this paragraph unnecessary
since, in its view, the tatter should be covered by paragraph 3(a)
of Article I and by the addition to that Article of a mention
of margins of preference. (E/PC/T/W/287).
The United Kingdom Delegation proposes that the and of the
first sentence should read, "subject to the terms, comuitions or
qualifications therein set out" (E/PC/T/W/295).
The United Kingdom Delegation suggests also the deletion
at the end of the paragraph of the words "or required to be
imposed ... that day" (E/PC/T/W/295).
Paragraph 3(a)
The French Delegation considers this paragraph unnecessary
since the matter is covered by Article III (E/PC/T/W/287).
The United Kingdom Delegation suggests that the paragraph:
should be amended to read: "a charge equivalent to an internal
tax imposed, consistently with the provisions of Article III,
paragraph of this Agreement, in respect of the like domestic
product or in respect of an article of the kind from which the
imported product has been manufactured or produced in whole or E/PC/T/W/325
page 3
in part, or". (E/PC/T/W/295).
Paragraph 3(b)
The French Delegation considers the paragraph unnecessary
since in its view the matter is covered by Article V
(E/PC/T/W/287).
Paragraph 3(c)
The French Delegation considers that this paragraph should.
be unnecessary in view of the amendment which it has proposed
to paragraph 2 of Article II (E/PC/T/W/287).
New Paragraph
The Czechoslovak Delegation proposes the insertion of the
following provision into its schedule and would have no
objection if a similar clause were attached to any other
schedules as far as specific rats are concerned (E/PC/T/W/286):
"The value of the Czechoslovak crown in which the
agreed specific rates or duties are expressed is
understood to be the par value as accepted by the
International Monetary Fund at th time of the signature
of this Agreement. In case this currency is
depreciated in accordance with the Articles of Agreement
of the International Monctary Fund the Czechoslovak
Government reserves its right to adjust the specific
rates of duty in proportion to the depreciation of its
currency."
The French Delegation associates itsolf with this propose.'
of the Czechoslovak Delegation and considers it essential to
insert in the French schedule a text similar to that proposed
by the Czechoslovak Delegation (E/PC/T/W/310).
3. Parts I and II (see pages 6 and 7 of E/PC/T/153 and also
the explanatory notes on pages 2 and 3 of the same
document concerning various types of concessions.)
The French Delegation suggests that Part I should be
headed "Most-Favoured-Nation Tariff" and that Part II should
be headed "Proferential Tariffs" (E/PC/T/W/287).
The Czechoslovak Delegation considers that the notes and E/PC/T/W/325
page 4
explanatory remarks now accompanying individual items in the
draft of Tariff Schedules contained in document E/PC/T/153,
should appear in an annexed protocol rather than in the
schedules propor (E/PC/T/W/286).
The Netharlands Delegation observes that certain changes
are required in paragraph 3 of Article I in order to bring
that paragraph inti harmony with the draft schedulés in which
provision is made for
(a) the scheduling of the preferential margin only,
the m.f.n. rate and the preferential rate remaining
unscheduled, and
(b) the scheduling of the preferential rate, the m.f.n.
rate remaining unscheduled (E/PC/T/W/296).
The Netherlands Delegation considers that the note on
internal taxes mentioned under Tariff Item No.331 (page 6 of
document E/PC/T/153) requires redrafting in the light of the
new text of Article III of the General. Agreement (i.e., the
article corresponding, to Article 15 in the New York Draft
Charter). Furthermore, the Netherlands Delegation considers
that the present wording of the note does not make it clear
whether it intends to refer only to rats of internal taxes
which are preferential for the products from one or a few
countries as opeosed to those from all other countries, or
whether it also refers to discrimination in which rates for
domestic products on on the one hand and all imported products
on the other hand. |
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