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GATT Library | sz075xp7562 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Czechoslovak Delegation. Observation concerning Article 9 of the Draft Charter | United Nations Economic and Social Council, May 27, 1947 | United Nations. Economic and Social Council | 27/05/1947 | official documents | E/PC/T/W/129 and E/PC/T/W/125-150 | https://exhibits.stanford.edu/gatt/catalog/sz075xp7562 | sz075xp7562_90050264.xml | GATT_153 | 198 | 1,333 | UNITED NATIONS
ECONOMIC
AND
SOCIAL COUNCIL
NATIONS UNIES
CONSEIL
ECONOMIQUE
ET SOCIAL
RESTRICTED
E/PC/T/W/129
27 May 1947
SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT
Czechoslovak Delegation
Observation concerning
Article 9 of the Draft Charter
The Czechoslovak Delegation wishes to draw attention
to the word "services" used in line 7 of the above mentioned
Article. In view of the Czechoslovak Delegation the final
formulati of Article 9 nught to be deferred until it is
finally de whether services shall fall under the purview
of the Charter or not. Otherwise Chapter VI and Chapter IV
would be contradictory.
SECONDE SESSION DE LA COMMISSION PREPARATOIRE DE LA
CONFERENCE DU COMMERCE ET DE L'EMPLOI DE
L'ORGANISATION DES NATIONS UNIES
Délégation de la Tchécoslovaquie
Observation concernant
l'Article 9 du Projet de Charte
La délégation tchécoslovaque désire attirer l'attention
sur le mot "services", figurant à la huitième ligne de
l'article mentionné ci-dessus. La délégation tchécoslovaque
estime que l'en devrait ajourner la rédaction définitive de
l'article 9 jusqu'à ce qu'il ait été finalement décidé si
les services rentrent ou non dans le cadre de la Charte.
Autrement, il y aurait contradiction entre les chapitres
IV et VI. |
GATT Library | sk639zs5830 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Czechoslovak Observations and Amendments to Part III of the Draft of the General Agreement on Trade and Tariffs | United Nations Economic and Social Council, August 11, 1947 | United Nations. Economic and Social Council | 11/08/1947 | official documents | E/PC/T/W/274 and E/PC/T/W/261-306 | https://exhibits.stanford.edu/gatt/catalog/sk639zs5830 | sk639zs5830_90050426.xml | GATT_153 | 1,860 | 11,449 | RESTRICTED
ECONOMIC CONSEIL E/PC/T/W/274
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
Czechoslovak Observations and Amendments to Part III.
of the Draft of the General Agreement on Trade and
Tariffs
General Comment.
The conclusion of a General Agreement on Tariffs and Trade
is outside the term of reference of the resolution by which the
Preparatory Committee was created. Therefore in the view of
the Czechoslovak Delegation the conclusion of this Agreement
represents action taken outside the Economic and Social Council
of the United Nations. The purpose of this agreement in the
view of the Czechoslovak Delegation is to give an example to
other states in respect of a lowering of tariffs and a reduction
and elimination of preferences. It is the assumption of the
Czechoslovak Delegation that this is only a provisional action
creating a provisional state of affairs which will have to be
merged with the ITO as soon as it has been created. Otherwise
there would be a certain danger of having two parallel bodies in
existence - one the ITO - the other one an executive organ
shared with the administration of certain of the provisions
of the Agreement. The determination of these bodies need not
necesearily be the same on the same issues. It is also the view
of the Czechoslovak Delegation that in no case must either the
creation of ITO or the conclusion of the Agreement lend to a
situation which would create specialized agencies trying to
achieve an existence independent of the United Nations and
especially of its highest body competent for economic affairs,
i.e., the Economic and Social Council. That this view might be
shared by many delegations is apparent from the discussions during
the last session of the Economic and Social Council. Thus the
delegate of Norway in connection with the discussion on whether
non-Members of the United Nations should have the right to vote at
the International Conference on Trade and Employment or not,
declared among other things:
"In other connections, we have soen a certain tendency on
the part of the specialized agcecies to make themselves more or
less independent of the general policies of the United Nations.
I think that same consideration is involved here in a certain
way." Doc.E/PC/T/156, page 13.)
UNITED NATIONS
NATIONS UNIES E/PC/T/W/274
page 2
The Delegate of Canada declared:
"But we are a Council of the United Nations and we have to
view this matter not in the light of the atmosphere of any
particular place at the moment, but in the light of what this
means to the much more important question, and that is the
continued integrity and effectiveness of the United Nations
Organization as a whole.
"I believe we are developing a dangerous tendency in this
Council. This Council could easily become a mere filing agency,
and I am not so sure that critics of the Organization would not
be justified in making that kind of an observation. When this
Council justified established -certainly at its first meetings, when
discussions took place as to its terms of reference and as to the
kind of developing functions it would assume - it was not intended
to be an body that would exercise vis-a-vis the specialized
agencies, the function of an equal partner, but it was to be a
co-ordinating body, a sort of a cabinet, I doubt if we are
developing that function. It would seen to me that we must view
this question in the light of that situation. I feel that the
Economic and Social Council will lose in prestige and in
efficacy if it does not develop into a body that exercises more
than mere moral authority on the sppecialized agencies, with whom
it has now entered into contractual relationships on terms that
are settled. On that account, it need not be discussed at this
time. However, in my Judgement and in the judgment of my
delegation this natter does give reason for a good deal of
concern." (Doc. E/PC/T/156, pages 4, 15, 16).
The Czechoslovak Delegation there fore suggests that it
would be more appropriate
a) to submit the draft Agreement before it is put into
force to the Economic and Social Council so an to make sure that
there will be nothing in the Agreement which would conflict with
the policies of the United Nations generally and the Economic and
Social Council especially,
b) to limit the scope of this Agreenent in such at way as
to enable its earliest liquidation as soon as the Charter has been
put into force and also to enable a quick transfer of all the
functions of the "Committee" to ITO.
Specific Comments.
Art. XXIII.
par. 2: In the view of the Czochoslovak Delegation the Committee
ought to be convened by the Economic and Social Council at
a data appointed by the Council.
par. 7.: The tern "is capable of exercising Its functions" is
rather vague - a definite date ought to be put into the
Agreement. Also in the hole paragraph lends to a certain
duplicity of functions of the Committee and the functions
of ITO - as soon as ITO is established the meetings of the
Committee should cease automatically and its functions E/PC/T/W/ 274 page 3
ought to be transferred to ITO. Thus the second part
of this paragraph seems to be superfluous altogether.
par. 8.: Ought te be left out of the Agreement having in view
the provisional and short term character of the Committee
since it might evolve procedures for the settlement of
disputes which might be either prejudicial or conflicting
with those evolved by ITO.
Art. XXIV.
par.3a): The second part or the sentence /"and which is not self-
governing in matters provided for by this Agreetment"/ ought
te be deleted in view of the spirit of the decision of the
Economic and Social Council on this matter.
par.3b): The last sentence ought te be deleted as conflicting
with the spirit of the decision of the Economic and Social
Council conerning voting rights of separate customs
territories.
par.4.: As mentioned in the General Comment the Agreement ought
to be submitted first to the Economic and Social Council, so
as to make sure that it is not in conflict with the policies
of the United Natoins.
Art.XXV.:The last part of the sentence ought to read .... consult
with the other contracting parties having a substantial
interest in the product concerned.
Art.XXVI. The mentioning of the date ought to be deleted. The
Czechoslovak Delegation assumes that by that date the
Charter will be in force and ITO established - the modifi-
cation of Schedules ought to be then submitted to the
rules of ITO. The words "the Committee determines" ought
to be deleted for the reasons given above. On the other
hand the Czechoslovak Delegation is of the view that even
earlier modifications should be permitted.
Art. XXVII.:
par.1 and 2. Ought to be deleted. If any duplicity of
functions of specialized agencies is to be avoided,
Part I and Il of the Agreement should cease to be
effective automatically as soon as ITO is established.
Art.XXVIII.: The determinaton of the date after which con-
tracting parties have the right to withdraw assumes that
these parts of the Charter whicvh have been incorporated
into the Agreement will not be changed at the International
Conference on Trade and Employment. Thus the determination
of this date is correct only, if this assumption proves to
be correct, as well which, however, it is difficult to
foresee at the present stage. Therefore, in the views
of the Czechoslovak Delegation contracting parties ought
to have the right to withdraw at any time, otherwise they
might find themselves in a situation where two problems
of international trade are being handled in two different
ways in two international conventions equally and at the
same time effective. E/PC/T/W/274
page 4
Art.XXIX.: This Article is superfluous altogether. The
Agreement is a short term convention and its administra-
tion and functions will have to be absorbed by ITO at the
earliest practicable date. Also provisions incorporated
in this Agreement from the present wording of the Charter
may undergo changes or modifications at the International
Corference in Havana. Thus international obligations
which are not wholly consistent with the Agreement would
have been terminated, but may be found to be wholly
consistent after modifications have been introduced at
a later stage.
Also in the view or the Czechoslovak Delegation the
Agreement cannot automatically supersede previous agree-
ments, if these agreements have been ratified in all due
form and approved by the legislative body of the state
concerned, since by ratification they have become part
of the internal laws of that state. It should be left
to the parties of these agreements to find a form how
to bring them into harmony with the General Agreement
(exchange of notes etc.). According to customary
Czechoslovak constitutional procedures bilateral agree-
ments can be changed only by bilateral acts.
Art.XXX.:
para 1. The word "governments" ought to be changed into "states"
as governments age not contracting parties and according
to international law contracting power is an attribute of
independent states.
par.2.: Seems to be superfluous since states partners to a
treaty cannot "decide" that other states partners to the
same treaty shall cease to be contracting parties.
Otherwvise it could also be argued that by the same right
these states might "decide" that other states have become
"contracting parties" though they have not been partners
to the treaty at all.
Art.XXXI. This Article ought to read, in view of the decisions
of the Economic and Socal Council rbout the voting rights
of states non-Members of the United Nations as follows:
"States Members of the United Nations not parties to this
Agreement may adhere to it on terms to be agreed upon
between them and the contracting parties. Other states
could be admitted only with the prior approval of the
Economic and Social Council."
Protocol of Signature.
Par.3.: of the preamble of this Protocol does not exactly
correspond to facts inasmuch as it speaks about Members
of the Preparatory Committee, having recommended the
text of a draft Charter to the Conference through the
Economic and Social Council. However, at the time of
the decision of the Economic and Social Council about E/PC/T/W/274
page 5
the convening of the Conference such a draft Charter
could not have been recommended through the Economic
and Social Council as it did not yet exist at that
time.
par. 4.: of the preamble ought to be deleted since without
express approval of the governments concerned no
Member of the Preparatory Committee can bind itself
to any "undertaking."
But the idea of contracting parties meeting again
should the Charter not have entered into force by
November 1, 1948 seems to be a good one. This idea,
however, ought to be subject of a special article
forming part not of the Protocol, but of the Agreement
itself. This article also ought to contain a pro-
vision that the contracting parties will be convened
under the auspices of the Economic and Social Council. |
GATT Library | rc911hq9445 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Czechoslovak observations to Articles 3 - 5 of the Draft Charter | United Nations Economic and Social Council, May 27, 1947 | United Nations. Economic and Social Council | 27/05/1947 | official documents | E/PC/T/W/128 and E/PC/T/W/125-150 | https://exhibits.stanford.edu/gatt/catalog/rc911hq9445 | rc911hq9445_90050263.xml | GATT_153 | 1,585 | 9,651 | RESTRICTED
UNITED NATIONS ECONOMIC NATIONS UNIES CONSEIL E/PC/T/W/128
AND ECONOMIQUE 27 May 1947
SOCIAL COUNCIL ET SOCIAL
SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT
Czechoslovak observations to Articles 3 - 5 of the
Draft Charter
Czechoslovakia would like to base her comments to the
wording and interpretation of Articles 3 to 5 on two observa-
tlons made during the present session: first, by the Chief
Delegate of New Zealand and second, by the Secretariate
I. The Chief Delegate-of New Zealand observed that it
would be desirable to allow sufficient latitude in the dis-
cussion of any Chapter to enable representatives to refer to
related points in other Chapters without going into the general
subject of the other Chapters. The Chairman agreed with this
observation.
II. The Secretariat pointed out in document E/PC/T/W/87
Rev. 1 on page 3, that in the D.C. report the objective in
respect of "effective demand" is stated in different torms in
para. 1 of Article 3 /lino 6 - "high and steadily rising"/ and
in para. 1 b/ of Article 1/lines 4 and 5 of sub-para. b ''high
and steadily rising levels"/ as compared with the expression of
this objective in para. 1 of Article 4/line 3 - "high and
stable levols"/. In view of that the Secretariat expressed an
opinion with which Czechoslovakia agrees that the objective is
the same in all three cases and that it is therefore desirable
to employ uniform language to express that objective.
As the discussion is now going on on Articles 3 - 5 and
not yet on Article 1, Czochoslovakia considers that to this dis-
cussion of Articles 3 - 5 the observation of the Chief Delegate
of New Zealand should be applied, namely that the representatives
should be able to refer to related points in Chapter I /that is
to say in Article 1/ without going now and in this stage into
the general subject of Chapter I. In this sense therefore
Czechoslovakia - in agreement with the above mentioned Socre-
tariat's view - refers to the related point in Chapter 1, namely
to the term used in Article I "high and steadily rising levels
of effective demand and real income" and would like to state
that she reserves her detailed and full comments on the inter-
pretation of the just mentioned point of Article I when this
Article 1 will be brought under discussion. But she desires to
state already now that she entirely agrees with the opinions
expressed by several representatives as well as by the Socre-
tariat that there should be a uniform language employed and a
uniform interpretation given to this objective, namely to the
notion of "effective demand". It is obvious that the main and
.
. E/PC/T/W/128
Page 2.
leading device to the interpretation of the notion of "effective
demand." should be given in Article 1, dealing under the headubg
"general purposes" with all the main and leading devices which
should govern the whole Charter/that is all subsequent articles
which - in Czechoslovakia's view - can in no way be interpreted
in conflict or in disagreement with these leading devices con-
tained in Article 1/. It seems therefore proper to reserve the
main weight of the discussion on the notion of "effective demand"
when Article 1 will be brought under general consideration.
At the present stage therefore Czechoslovakia desires to present
only the following comments and remarks on the wording of the
notion of "effective demand" in Article 3 and 5:
1. The Subcommittee for the Consideration of Articles 3
and 5, improved already considerably the contradictory language
used in the D.C. report in this respect and is now using in
Article 3 the term "large and steadily growing volume of ...
effective demand for goods and services" and in Article 4 the
term large and growing demand". The question which arises now
first is whether the language used by the Subcommittee in sub-
stituting the original words "high and steadily rising" by
"large and steadily growing" means a substantial improvement of
the original language. The Subcommittee followed here the
amendment of the U.S. delegation. It is the opinion of Czecho-
slovakia that the term "large and steadily growing" is more
approoriate than the original language, because, by using the word
"large" instead of "high" it stresses - in Czechosloakia's
view - the brond distribution of the demand and by using the
word "growing" instead of "rising" it stresses the stresses and
therefore more spontaneous growth than the word "rising".
2. The second question which has to be considered is
whether the words "effective demand" should be used in Article 3
as well as in Article 4 or whether it suffices to use only the
simple word "demand" as it is cmployed by the Subcommittee in
Article 4. It is Czechoslovakia's view that it is useful to use
uniformly throughout the whole Charter the same wording "effec-
tive demand". The Czeehoslovak delegation is aware that it could
bc argued that the torm "effective" is pleonastic and super-
fluous, because any demand that has to have any practical mean-
ing at all should and must be "effective". But in view of what
was in recent years discussed in the economic theory in respect
to this question, Czechoslovakin would prefer the use of the
notion "effective demand" which is now so current and clear that
it can be considered to be already a technical term.
3. The third question -which appears to be of importance
is the question whether the torm "effective demand" should be
broadened and specified by addition of the words "real income"
used in Article 1 but used neither in Article 3 nor in Article 4,
Hore Czechoslovakia is again of the opinion that the language
of Article 1 should be usad throughout the Charter. The term
"real income" has an important sense and is strcssing the same
aspect of the problem which was already stressed - in Czecho-
slovakia's view - by the word "large" /see above/. The effect-
ive domand must be reflected in the real income of the whole
population so that it has to be clear that the effective demand
concentrated either in the hands of the State only or in the
hands of a few only is not the demand meant by the Charter. E/PC/T/W/128
Page 3.
In this connection the Czachoslovak dolegation would like to
stress what wats so aptly brought to fore by the Chief Delegate
of New Zealand. In the same connection Czechoslovakia would
like to add that in her view the term "large and steadily growing
effective demand and real income" has to be interpreted in
accordance with Article 5 speaking of fair labour standards.
4. The last comment in this respect refers to the term
"stable levels of effective demand" used in the D.C. report's
wording in Article 4. Czechoslovakia agrees here entirely with
the wording of the Subcommittee which following the U.S. and
New Zealand amendments is leaving out entirely the terms "stable"
and substitutes it by the term "large and growing". Czechoslo-
vakia wishes to state that in her opinion a stable level of
effective demand is not an objective consistent with the just
principles of modern economic life. On tho contrary this term
as a matter of fact is in contradiction with the objective set
up in Article 1 of the Charter and, of course, in Article 55 a
of the Charter of the United Nations, namely, with the objective
of higher standareds of living. It goes without saying that the
deletion of the term "stable" does no harm to the objective of
"economic stability" used at various places in the Charter. The
economic stability is - in Czechoslovakia's views - not a
stationery objective but it is a dynamic objective which means
that the proper and desirable oconomic stability is a stability
of a. large and steadily growing effective demand and real income.
Those are the commets to the, question of "effective
demands".
The next comment of Czechoslovakia is concerned with the
term "other purposes and provisions of the Charter" in para.2 of
Article 4. Czochoslovakia is of the opinion that all purposes
and provisions of the Charter have to represent a harmonious
and unified whole and that there should be no contradiction and
disagreement among these purposes and provisions and that they
have to be consistent with coach other. It is of course clear
that there are purposes which are main and leading and which as
a matter of fact govern the secondary and tertiary purposes and
objectives. It would therefore soom appropriate to stress this
hierarchy or sequence of objectives and purposes by saying in
para.2 of Article 4 either "With the general purposes" /the term
used as heading of Article 1/ or at lest by saying "with other
and particularly with the general purposes .....".
The last comment refers to the term used in Article 3
para.1, line 5 "willing to work". It is Czechoslovakia's inter -
pretation that this objective is the least one and that those
countries which are providing useful employment by a system of
inducements such as vocational training, selection and direction
and se increasing the number of those who are willing to work
are even more pursuing the purposes of the Charter than those
countries which contend themselves with providing of employment
only to those who are willing to work - no question whether the
unwillingness to work is rationally or reasonably justified or
not. |
GATT Library | jm046th3740 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Czechoslovak observations to Articles 3 - 5 of the Draft Charter | United Nations Economic and Social Council, May 27, 1947 | United Nations. Economic and Social Council | 27/05/1947 | official documents | E/PC/T/W/128 and E/PC/T/W/125-150 | https://exhibits.stanford.edu/gatt/catalog/jm046th3740 | jm046th3740_90050263.xml | GATT_153 | 0 | 0 | |
GATT Library | gv602wk5885 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Czechoslovakian Amendment to Article 76 | United Nations Economic and Social Council, August 18, 1947 | United Nations. Economic and Social Council | 18/08/1947 | official documents | E/PC/T/W/305 and E/PC/T/W/261-306 | https://exhibits.stanford.edu/gatt/catalog/gv602wk5885 | gv602wk5885_90050457.xml | GATT_153 | 173 | 1,458 | UNITED NATIONS NATIONS UNIES
RESTRICTED
ECONOMIC CONSEIL E/PC/T/W/305
AND ECONOMIQUE 18 August 1947
SOCIAL COUNCIL ET SOCIAL ORIGINAL: ENGLISH
SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT
Czechoslovakian Amendment to Article 76
Article 76
The Conference shall establish such Commissions as may
be required for the performance of the functions of the
Organization in accordance with the provisions of this Charter.
The Commissions shall have such functions as the Conference
may decide and shall be responsible to it. In performing
their tasks they shall receive instructions of the Executive
Board....
DEUXIEME SESSION DE LA COMMISSION PREPARATOIRE DE LA
CONFERENCE DU COMMERCE ET DE L'EMPLOI DE L'ORGANISATION
DES NATIONS UNIES
Amendement tchecoslovaque à l'Article 76
Article 76
La Conference instituera les Commissions qui pourront
être nécessaires pour l'accomplissement des fonctions de
l'Organisation, conformément aux dispositions de la prTsenet
C. Les Commissions auront les attributions que la
Conference pourra fixer et seront responsables devant elle.
Elles r-r 'C-rient, pour l'accomplissement de leur tache/ des
instructions du Conseil executif.... |
GATT Library | xd017ry7508 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Czechoslovakian Amendment to Article 77 | United Nations Economic and Social Council, August 18, 1947 | United Nations. Economic and Social Council | 18/08/1947 | official documents | E/PC/T/W/304 and E/PC/T/W/261-306 | https://exhibits.stanford.edu/gatt/catalog/xd017ry7508 | xd017ry7508_90050456.xml | GATT_153 | 132 | 934 | UNITED NATIONS
ECONOMIC
AND
SOCIAL COUNCIL
NATIONS UNIES
CONSEIL
ECONOMIQUE
ET SOCIAL
RESTRICTED
E/PC/T/W/304
18 August 1974
ORIGINAL: ENGLISH
SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT.
Czechoslovakian Amendment to Article 77
1. The Members of the Commissions, if not appointed
directly by the Conference, shall be chosen by the Executive
Board among persons qualified by training or experience to
carry out the functions of the Commissions.
DEUXIERE SESSION DE LA COMMISSION PREPARATOIRE
DU COMMERCE ET DE L'EMPLOI DE L'ORGANISATION
DES NATIONS UNIES.
Amendment tchécoslovaque à l'Article 77.
1. Les membres des Commissions qui n'auront pas été
nommés directement par la Conference, seront désignés par
le Conseil exécutif parmi les personnes qualifies par
leur formation ou leur experience pour s'acquitter des
tâches assignees aux Commissions. |
GATT Library | gg567gp7748 | Second Session of the Preparatory Committee of the United Nations Conference on Trade and Employment : D R A F T R E P O R T by the Preparatory Committee of the United Nations Conference on Trade and Employment to the Economic and Social Council | United Nations Economic and Social Council, July 2, 1947 | United Nations. Economic and Social Council | 02/07/1947 | official documents | E/PC/T/117 and E/PC/T/106-124 | https://exhibits.stanford.edu/gatt/catalog/gg567gp7748 | gg567gp7748_92290140.xml | GATT_153 | 2,252 | 15,010 | RESTRICTED
ECONOMIC CONSEIL E/PC/T/117
AND ECONOMIQUE 2 July 1947
SOCIAL COUNCIL ET SOCIAL ORIGINAL: ENGLISH
SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT.
D R A F T R E P O R T1
BY THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT
TO THE ECONOMIC AND SOCIAL COUNCIL
PART A -- INTRODUCTION
1. Establishment of the Preparatory Committee
(a) The Economic and Social Council at its First Session resolved
on 18 February, 1946 to call an International Conference on Trade
and Employment for the purpose of promoting the expansion of production,
exchange and consumption of goods. At the same time the Council
constituted a Preparatory Committee to elaborate for the Conference
an annotated draft agenda, including a draft convention, taking
into account suggestions which might be submitted by the Council
itself or by any Member of the United Nations.
(b) The Council also charged the Preparatory Committee with pre-
senting recoommendations regarding the date and place of the Con-
ference on Trade and Employment and which states, if any, non-
Members of the United Nations, should be invited to the Conference.
1) This Draft Report, prepared by the Secretariat and approved
by the Charter Steering Committee and the Tariff Negotiations
Working Party, will be submitted to the Preparatory Committee
on Monday, 7 July, 1947.
UNITED NATIONS
NATIONS UNIES E/PC/T/117
page 2
2. Stages in the Work of the Preparatory Committee ,
(a) The First Session of the Proparatory Committee was held in
London from 15 Ootober to 26 November, 1946. In the course of this
Session a draft Charter for an International Trade Organization was
prepared and embodied in a report which was distributed as Document
E/PC/T/33 and published.
(b) The First Session appointed a Drafting Committee to meet as soon
as possible after the First Session for the purpose of editing the
draft Charter produced in London. The Drafting Committee met in New
York from 20 January to 25 February, 1947 and recorded the resulted of
its work in a report which was distributed as Document E/PC/T/34 and
later published.
(c) The Second Session of the Preparatory Committee beagn on 10
April, 1947, at Geneve and it is hoped that it will conclude its work
not later then 15 August, 1947. In view of the desirability of
holding the Conference on Trade and Employment as soon as possible,
this Report has been prepared before the conclusion of the work of the
Preparatory Committee for consideration at the Fifth Session of the
Economic snd Social Council. A full report of the Second Session
will be published immediately after the end of the Session.
3. .Participants in the Work of the Preparatory Committee
All members of the Preperatory Committee1) with the exception of
the Union of Soviet Sooialist Republics took part in the work of the
First and Second Sessions and of the Drating Committee. The Union of
Soviet and Socialist Republics indicated that it did not feel able to
1) The members are:
Australia, Belgium-Luxembourg, Brazil, Canada, Chile,
China, Cuba, Czechoslovekia, France, India, Lebanon,
Netherlands, New Zealand, Norway, Union of South Africa,
Union of Soviet Socialist Republics, United States, United
Kingdom. - E/PC/T/117
page 3
participate in the work of the First Session as it had not found it
possible to devote sufficient preliminary study to the important
questions which were the subject of the Committee'.s discussion. The
Soviet Union did not participate in the work of the Drafting Committee
or of the Second Session. The specialized agencies1) and two other
inter-governmentel organizations were actively associated with all the
proceedings and many Members of the United Nations non-members of the
Preparatory Committee ) and some non-governmental organizations in
Category "A"4)sent observers who from time to time gave the Committee
the benefit of their views.
PART B -- RECOMMENDATIONS OF THE PREPARATORY COMMITTEE
1. Annotated Draft Agenda and Convention for the.Conference on
Trade and Employment
The Preparatory Committee adopted the topics suggested by the
Economic and Social Council in its resolution as the substance of its
agenda for the preparation or the draft Charter for an.International
Trade Organization. As at present drafted the Charter is divided
into eight chapters headed as follows:-
I. Purposes
II. Membership
III. Employment and Economic Activity
IV. Economic Development
V. General Commercial Policy
1) The Food and Agriculture Organization and the International
Labour Office.
2) The International Bank for Reconstruction and Development and.
the International Monetary Fund.
3) Colombia, Denmark, Mexico, Peru, Poland and Syria sent observers
to the First Session; Colombia and Mexico to the Drafting Committee,
and the following countries to the Second Session, in addition to
these represented at the First Session:
Afghanistan, Argentina, Ecuador, Egypt, Greece, Iran, Saudi-
Arabia, Sweden, Turkey, Uruquay, Venezuela, Yugoslavia.
Syrian representatives attended the Second Session as part of a
delegetion representïng the Syro-Lebaiese Customs Union in the
tariff negotiations.
4) The organizations were:
American Federation of Labour, International Chamber or Commerce,
International Co-operetive Alliance, World Federation of Trade
Unions. E/PC/ T/117
page 4.
VI. Restriotive Business Practices
VII. Inter-Governmental Commodity
Arrangements
VIII. Organization.
The Preparatory Committee recommends that these headings
should be adopted by the Conference on Trade and Employment an
the substance of its agenda and that the relevant ohapters of
the draft Charter should be taken as the principal working
paper under each heading. As additional annotations to the
agenda there will also be available the Reports of the First
and Second Sessions of the Preparatory Committee and of the
Drafting Committee. The Reports of the First Session and of
the Drafting Committee are annexed hereto as Annoxures A and B
respectively. The three Reports will indicate to the World
Conference the development of the discussions leading to the.
text of the Draft Charter submitted by the Preparatory
Committee.
2. Date and Place of the Conference on Trade and Employment.
In arriving at a recommendation as to the date on which
the Conference should be convened the Preparatory Committee
has been much impressed with the desirability of holding the
Conference as soon as possible after the termination of the
work of the Preparatory Committee. It was felt by the
Committee that the impetus achieved in the preparation for
an International Trade Organization should be maintained, and
that any substantial delay would have the effect of post-
poning for a considerable period the coming into force of
the Charter and the establishment of the Organization. On
the other hand, the Preparatory Committee has given
consideration to the need for providing a reasonable interval
between the end of the current session of the Committee and E/PC/T/117
page 5.
the convening of the World. Conference in order to provide as
much time as possible for governments which did not
participate in the Preparatory Committee to study the work
of the Second Session. In this connection the Preparatory
Committee has taken account of the fact that the full reports
of the First Session and of the Drafting Committee have been
in the hands of all Members of the United Nations for many
months and that such Members have also received all documents
of the Second Session as its work has proceeded. In all
the circumstances the Comittee feels it is undesirable to
delay the convening of the Conference much beyond the middle
of November. Accordingly, the Preparatory Committce
recommends that tho Conference should be convened on 21 November.
The Preparatory Committee considers that the Conference should
be held in a suitable place in the Western Hemisphere, and
therefore recommended, in view of the cordial and generous
invitation extended by the Government of Cuba, that the
Conference be held in Havana, if practicable. (See
Annexure C).
3. Invitation of Non-Members of the United Nations to the
Conference.
The Preparatory Committee recommends that, subject to
the resolution regarding Spain adopted by the General
Assembly on 12 December, 1946, those states non-Members of'
the United Nations which have any appreciable interest in
world trade should be invited to the Conference on Trade and
Employment. It therefore recommends that the following
states non-Members should be invited - Albania, Austria,
Bulgaria, Eire, Finland, Hungary, Italy, Portugal, Rumania, E/PC/T/117
page 6.
Switzerland, Transjordania end the Yemen. (See
Annexure D).1)
PART C - THE GENERAL AGREEMENT ON TARIFFS AND TRADE.
1. Considering that the task of the World Conference would
be facilitated if concrete action were taken by the
principal trading nations to enter into reciprocal and
mutually advantageous negotiations directed to the substantial
reduction of tariff and to the elimination of preferences,
the Preparatory Committee adopted a Resolution at its First
Session regarding the carrying out of tariff negotiations
under its sponsorship in connection with, and as a part of,
the Second Session.
2. The Members of the Preparatory Committee are now engaged
in the negotiations foreseen in the above-mentioned Resolution.
These negotiations have not yet been completed.
3. The concessions resulting from these negotiations,
together with such other provisions as may be appropriate,
will be incorporated in a General Agreement on Tariffs and
Trade to be signed at the end of the Second Session.
The question of the participation of certain customs
territories which are autonomous as regards matters
covered by the Draft Charter but whose international
relations are the responsibility of certain states has
been considered by the Chairman's Committee, and a
recommendation, is being prepared by a sub-committee for
submission to the Preparatory Committee along with this
Report. E/PC/T/117
page 7.
ANNEXURE C
Resolution Regarding Date and Place of United Nations
Conference on Trade and Employment
WHEREAS in the resolution whereby the Economic and Social
Council constituted the Preparatory Committee, the Council requested
the Committee, inter alia, to report recommendations regarding the
date and place of the International Conference on Trade and
Employment, and
WHEREAS the Preparatory Committee considers that it is desir-
able to proceed as rapidly as possible with the establishment of an
International Trade Organization and the formulation of ite Charter,
THE PREPARATORY COMMITTEE RECOMMENDS that the Economic and
Social Council request the Secretary-General to convene the Confer-
ence on 21 November 1947 at a suitable place in the Western
Hemisphere.1) The Committee further recommends that the invitation
extended by the Government of Cuba to hold the Conference in
Havana be accepted, if practicable.
1) The Committee has considered and rejected a suggestion by the
Secretariat that the Conference should be held at Lake Succesa. The
Committee is strongly of the opinion that Lake Success would not be
"a suitable place" for the Conference. The experience of two
sessions of the Preparatory Committee has demonstrated that any
reasonable rate of progress in the complicated discussions which
will confront the Conference is dependent upon regular and compre-
hensive daily Delegation meetings and inter,-delegation discussions.
These are greatly facilitated by the provision of office accommo-
dation in the Conference building, which, having regard to the
size of the delegations, would not be available at Lake Success.
If, added to this, the hotel and office accommodation of Delega-
tions were a considerable distance from the Conference building,
the result would be severely to curtail the time available for-
Conference and committee Sessions and thus to add considerably to
the length and expenses of the Conference, (including the heavy
expenses entailed for delegations for accommodation, staff and
transport.)
The considerations which led the Committee to reject the
suggestion of lake Success also prompted their favourable recommen-
dation on the Cuban invitation to hold the Conference at Havana.
The Committee were assured of the provision of an adequate
Conference building which would include office accommodation for
delegations, and hotel accommodation in close proximity to the
Conference buildings. The Comittee felt that the consequent
saving in time and expense argued strongly in favour of Havana.
They considered that the saving in the time required for the
completion of the Conference at Havana as compared with Lake
Success would go a long way to offset the additional expenses
which might be involved for the United Nations Secretariat.
Moreover, they understood that the Cuban Government ha: offered
to contribute generously to the Conference arrangements with a
view to avoiding costing any additional burden of expense upon
the United Nations. E/PC/T/117
page 8.
ANNEXURE D
Resolution Relating to Invitation of Non-Members of the
United Nations to the Conference on Trade and Employment
WHEREAS in the Resolution whereby the Economic and Social
Council constituted the Preparatory Committee, the Council
requested the Committee to recommend, inter alia, what states,
if any, non-Members of the United Nations should be invited
to the United Nations Conferen.ce on Trade and Employment, and
WHEREAS the Preparatory Committee has now considered this
request
THE PREPARATORY COMMITTEE RECOMMENDS, subject to the
Resolution passed by the General Assembly of the United Nations
on the 12 December 1946, on the relations of Members of the
United Nations with Spain, that invitations should be sent to
all states not Members of the United Nations (with the exception
of Germany and Japan) which on the basis of the latest available
figures (1938) have an appreciable interest in world trade,
namely Albania, Austria, Bulgaria, Eire, Finland, Hungary,
Italy, Portugal, Rumania, Switzerland, Transjordania and the
Yemen. 1)
1). The Chairman's Committee (Heads of Delegations) has
considered the question of the participation in the Conference
of certain customs territories which are autonomous as regards
matters covered by the Draft Charter but whose international
relations are the responsibility of certain states. A draft
of the Ccmmittee's recommendation is being prepared by a sub-
committee for submission to the Preparatory Committee along
with this Report. |
GATT Library | yn288cr7107 | Second Session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Deadline | United Nations Economic and Social Council, October 17, 1947 | United Nations. Economic and Social Council | 17/10/1947 | official documents | E/PC/T/258 and E/PC/T/228-267 | https://exhibits.stanford.edu/gatt/catalog/yn288cr7107 | yn288cr7107_92290332.xml | GATT_153 | 261 | 1,698 | UNITED NATIONS
ECONOMIC
AND
SOCIAL COUNCIL
CONSEIL
ECONOMIQUE
ET SOCIAL
RESTRICTED
E/PC/T/258
17 October 1947
ORIGINAL: ENGLISH
SEON SESO 0FTEPEAAOY O4ITE0
SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE:
UNITED NATIONS COINFERENCE ON TRADE AND EMPLOYMENT
Deadline .
The Tariff Negotiations Working Party has decided ;on
the following deadlines in order that the final meeting of the
Preparatory Committee, for signature of the Final Act and the
Protocol may take place on October 30th.
(1) For completion of all negotiations: noon, October 22nd.
(2) For completion of Schedule stencils, in
both languages, and preliminary run-off
(see E/PC/T/253) : 6 p.m., October 21th
(3) For receipt of stencils by Secre-
tariat for final run-off . 9 a.m,, Oct ober 27
th.
th.
It cannot be too strongly emphasised that Delegations
should do their utmost to cornplete these eporations weJl, in
advance of the deadlincs8. In fact, unless a considerable part
of the work is ccrnpj1ted ahead of each deadline, it will put
an impossible strain on the Secretariat in arranging to have
the complete document ready by the date cf signature. if
necessary, the preliminary run-off should be started before
negotiations are completed, on the understanding that supplemen-
tary sheets (numbered .. (a) .. (b), etc.) can be ïseued and
circulated later, although not later than the deadline of
6 p.n. on October 24>th, 191+7.
The Secretariat points out that, in order for these dead-
lines to be achieved, it is of irnzediate urgency that translations
of schedules should be paused as soon as possible for preparation
of stencils.
NATIONS UNIES
. |
GATT Library | kv730cv1684 | Second Session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Deadlines | United Nations Economic and Social Council, October 25, 1947 | United Nations. Economic and Social Council | 25/10/1947 | official documents | E/PC/T/258 Rev.1 and E/PC/T/228-267 | https://exhibits.stanford.edu/gatt/catalog/kv730cv1684 | kv730cv1684_92290333.xml | GATT_153 | 160 | 1,137 | UNITED NATIONS NATIONS UNIES RESTRICTED
E/PC/T/258 Rev. 1
ECONOMIC CONSEIL 25 October 1947.
AND ECONOMIQUE Original. ENGLISH
SOCIAL COUNCIL ET SOCIAL
SECOND SESSICN OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS, CONFERENCE ON TRADE AND EMPLOYMENT
Deadlines
Owing to the failure of certain Delegations to achieve
deadlines nos. (1) and (2) set out in document E/PC/T/258,
ït will be necessary to make adjustnments in deadline no. (3)e
These are as follows:
Deadlines for commencement of final run-off:
(1) For Schedules in authentic language: 3 p.m., Monday,
October 27.
(2) For Schedules in non-authentic language: 12 noon, Tuesday,
October 28.
In order to achieve these new deadlines, it will be
necessary to reduce the time originally allowed (48 hours)
for checking preliminary run-off and carbon copies of
Schedules. The actual time allowed for checking each
particular Schedule will now have to be decided in the light
of the above deadlinres, but; in no case should less than
6 hours be allowed. |
GATT Library | nc495zk6566 | Second Session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Decisions taken at the Meetïng of Secretaries of Delegations on Monday, September 29, 1947, regarding the General Agreernent on Tariffs and Trade | United Nations Economic and Social Council, October 4, 1947 | United Nations. Economic and Social Council | 04/10/1947 | official documents | E/PC/T/228 and E/PC/T/214/ADD.1/REV.1-228 | https://exhibits.stanford.edu/gatt/catalog/nc495zk6566 | nc495zk6566_92290292.xml | GATT_153 | 1,600 | 10,818 | UNITED NATIONS NATIONS UNIES RESTRICTED
ECONOMIC CONSEIL E/PC/T/228
AND ECONOMIQUE 4 October 1947
SOCIAL COUNCIL ET SOCIAL
SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT.
Decisions taken at the Meetïng of
Secretaries of Delegations on Monday,
September 29, 1947, regarding the
General Agreernent on Tariffs and Trade
(This document should be read in conjunction with documents
E/PC/T/195, E/PC/T/210, E/PC/T/210 Add.1 Rev. 1 and
E PC T 210 Add. 1 Rev. 1 Corr. 1)
1. It was agreed that Delegations would conform to the
provisions of documents E/PC/T/172 and E/PC/T/216 concerning the
submission of:
(a) lists in respect of bilateral negotiations completed, and
(b) consolidated lists.
2. Regarding the heading on Schedules which involve separate
customs territories (E/PC/T/210 Add.1, Rev.1, paragraph 5),
the following order and headings should be used (in this example,
Mauretania and Aquitania are dependent territories of Ruritania):
Schedule II - Ruritania
Section A - Metropolitan Territory [Territorïes]
Part I - Most-Favoured-Nation Tariff.
Part II - Preferential Tariff.
Schedule Il - Ruritania
Section B - uretania
Part I - Most-Favoured-Nation Tariff
Part II - Preferential Tariff
Schedule II - Ruritania
Section C - Aquitania
Part I - Most-Favoured-Nation Tarifff
Part II - Preferential Tariff.
NATIONS UNIES E/PC/T/228
page 2
3. Notes to items appearing in the Schedules should - at
the option of each Delegation - be dealt with in one of three
manners:
(a) immediately following the item description in the
list;
(b) as a note appearing at the end of the correspondîng
Section, under the heading "Notes to Specific Items";
(c) as a note applying to all or a gencrality of iter;is,
appeari-n,; at the cnd of the correspondin.g, Section
under the headi.nSg "Gencral Notes".
INotes under (b) above should be nmuibered consecutively
and the reierErncc- t, thesc notes opposite tha itc. descriptions
in the Schodules should consist of thc corresponding nurbcr
between brackets.
>+. The stDtemeiit r%;.,ardïin3 tho laiituaFes in which each
Schedule is authentic, shouLd appear only at the beginniïi:, oa
each Schodule, iïwm;.ediat.ly undor the heaclinj, -
"Schedule Il - Rtritania",
One ci the I-oilowirirg fori-ulas may be used:
(1) This Schedule is authentic only in thc Fronch
lanua-e.
(2) This Schodulc is authontic only in thD En.,lish
languacgo.
(3) This Schcdulc is auth:.;ntic only in the Enr;lish and
French lan.muages.
(4) Section 7.a..i.. of this ,Schodule is âarc7
authentic only in tho, ......... languageP7.
Section Z/ .........of this Schedule is /ar_]
authentic only in the ...,.... lanruargs-7 2,/PC/T/2 '8
pagc 3
5. Thc had1nîg:
"SCHE1DULE II - RURITAiJIA"
should' appear at the top of ev, ry paÉ:a Of the Schadule-s.
e. Withi roferenco to paragraph 8 of Docw.c'rnt E/PiC/T/210, Adc.X,
REv.l.., it was agreed that th*& words "Most-Favoured-Na-tion TarifÎ"
anrii "Prcfererntial Tariff' should appear under tha words "Part 1"
a.1rid "Part II" rGspuctivEly.
7. A represontative of the Sccretariat is consulting
dulegatioris concerning, stencils and roneographïng facilities.
1S. "Ilite" type will bc uscd in tho first placc in preparirg
the stencils for the Ochedules and it will al1nost certainly. be
nocossary also to use 'Standard'" type, duc to the scarcity ol`
".Rlite" type rjachinos. Co:-iplet? unif'orr.f-ty Oaf typa will
therefore probably not bcr obtaincd, but the rr sult should be
reasonably satisfactory.
9. It is desirable thpt all DolZjtations should numbc!2r the
pa-es of their respective Schedulos, but this is obligatory only
in r.:,p,,ct of the two originals which will be deposited with the
United Nations. Thc pa os cf each Schcc.lle should b'c nuzbcred
consecut.ivcly - i.E2., th;;re will bco only onc Pagc l to aach
Secl.du 1 ,.
10. DUX1cgatïOr±s should adviso tha uci' eriut ir:r1ndiately
concernin, the n;w-1,:lurîuiubcr oa cropeo<craphod COPieS cf thr,
Gen12 ral A LJru,; ;nerLt that they rcquirC . Dù1oCatioiis should state
hOw 1.any copies th,-y ;.ust havc 1; ïiadiately th- (lOCU.2ncft is
rnimeafograph.(1r (u ntl l10W .any thCy can mcuïv; -a feOw days after thC
initial. distribution.
11. Dle sations should advi:w2 thu ,3crjtar. led
concerning~ . how rnany copi)is Of thC Gi3neral Agrreniet thcy rcquïrcu. page 4
12. Dûl:.7,xtiuiis which %arC cTcz ^i.rous of i i ,nin. at Geneva not
oll;' th~ Fi Act. but also th;- Pro'tocol of Provisio lsL
AIpl)icatioii, will maka il:w.-ediato ar±an :nnts to sourr;, the
proper crc'doentia~l .o a.3 to avoiTh nec-dl1ss çc1lays at tho tinC
of siinaturc.
13. A saniplc SchciUlu lluSitratilug thai ..ini-:lfcaricc: of
arra~i->;cm.; ults a-:rce;d to datc, ir. attached. aS a -a iCt? to
Delclca biiis, Thio ox~;iiyl ) apolics to "luritania" and the
separate custc';is t:rri.torio, for wh,.ch it has ïrntDrnational
responsibility,nan-ely, "IMauretaniall andc "i;uitania".
14+. Thure :is c rcu].atu hercibolow, for bhù convc.ninoc of
DulegatioîLs, a r ;ise3: list oi' the nuwLers of Schcdnules:
C O; '-;Orimm.lb^,fh 0f iSutralia Scheodulc I
13 1 Îi -Luxc:;-bur-Ncthcrland s Schedlulc II
Unit,., St. t of Brozi1 Schoclule 'TII
inur;*:. Schcdiulc IV
Can,-.;'- ...fch c dulc V
C cyloin Schccdulc VI
Rclui lic f Chile îchcclule VII
RFr~~ i 3 ` e, . i:;l:f e r Chkla iir;Schllr.ulelO VIII
.,pub'1:ic of Cuba) Sche3.ule IX
Ozechosloval:; '.'A-public Schc'.ule X
French Union Schcloule XI
Inl i Sclcho(lulo XTI
Ncw Zan'd ,chcr3ule XIII
Kiruilc!I i cf dIor wn.y ,ch.uc.ulç XIV
Pakistan Schodule X V
Southern Rhodesi.a ,ch -Ilule 1 I
Syro-Lce!aiic.E;,!-ç Cu-,to:;.! Uiion .ehfC}l'ulu XVII
Urnion cio South Africa S Checlule XVIII
TJnit3 : iiiv:<.10d of' Grcat Brit,?in
ar,. i'lorth rn Irciani Sched.1lo XIX
Unllto. St; ltcs of' Je-' l'ice !3chedulo XX
1 j. TherL. c lhahlü bux an x to aill tli -chDdulls, appearing,
at the end o:' t:he Alncxc ro te tho .nerl cllus c7 Of the
A Ere-ncr;tn whtcht w-.ll hi be r! arud by thc Socretqriat, The
nur:.bo'iin; Of thc pa e:s of lhu general clause ?il Anneoxes
shal be c; itai.ned ;1 the pares of thu index> which will bc
1beaded.
Index tc List Of Scherdules"' E/PC/T/228
pagc 5
nnd c.ill *,ive the nu-ribor of pag,. of cach Schedule, and
thi page on which cach Section within a Schodul, starts.
For exari-ple.:
Pgars
"SCHEDULE II -
Section A -
Section B -
Section C -
SCHEDULE III -
Soction A -
Section B -
RURITANIA 140
blctropolitan Territory - p. 1
Mauretania - p 94
Aquitania - p. 121
BFWERNGARA 94
Metropolitan Territory - p. 1
Antonia - . 8p,.
16. Before ïssuing. this docuricnt, the Socrotariat has
avaïled itself of tho advice of tho Tariff Negotiations ~lorkinZ,
Party in coruioction with onc or two points whïch appoearod to
require further clarification. L:/YC/T/228
Page 6.
SECRET
- 1 -
SCHEDULE Il - iiURITANIAL
Sections A arnd. B of this Schedulu ara authentic
only in the ir'ench language. Sectian C of this
Schedule is authentic only in the Ennglish language.
Socvrc n Àw Metrûrrlitan Territorv.
Part I
Mast-Favorad-Nation Tariff
Ruritania
Tariff itc:i
Num bor
Rate of duty.
Naphthernic Acids (1)
Elüc trial appara tus
Zinc oxidc
Apples, frùsh
Turpenntina (J1)
Fish:
Salu lon
Oys tc-rs
StCczl ingots, coggecd ingots,
bloois and slabs , by whatever
proceLss i:
valued at not riorù thar n-~jd
pcr lb.
vwluc;d at uoI. thn 1-21 par lb.
Linseerd oil
l2.2-% ad val,
1-i/10/ per lb.
60i por 100 lbs
gross
Fr c.
10i, ad va1.
1.4(0 par 1U0 lbs
3/104 pûr lb.
4/l/U par lb.
2U par lb.
NOTE;: Th- GovoTr-±.writ of Rurit-
ania shall, on or afte-r th'. day
on which it rc:-.ovcs the existing
m;argin of int' rnal t;;x pruafer-
encu on linsaed oil, ba frac tu
ir.îpose , in addition to thc duty
specifically provided for under
this ite a a duty on i: portation
which shall not bc -.oru than
cquivalant to such margin of
prcfûrrtnc c..
Autoroiobilus
40% ad. val.
plus spacial
charge (e.g.,
prîm aga rlanonpoly
roo, surtax,
,t;c . not in
Cxcass of 8% ad
val.
23
67
84
11-2
167
202
331
367
D,?sCrîptior1 of E/PC/T/228
- 2 - .. Pa-ge 7,
SCHEDULE Il - RURITANIA
Part I concludedc)
Ruri tania
Tariff ite: Description of Products Rate of duty
Nwunber
533 Table and kitchorn ai-ticles ........
N OTE: Th? products prDvided for undsx
Itemi 538 shall not Le subject to
/àanra of special charg- other th2n
5rdil'Al'y custor:is (iuty, such.-as primate,,
n2onoDoly fcs, surtax, etc. 7in excess
of 83 ad val.
841i Typuwriturs (1) 30% ad val.
NOTE: Thu products provideld for under Itein
4-1 shall bc exempt fror.: any Drdinary most-
favorced-nation custoins duty which exceeds
the prefercrtial duty on such products by
nore than 5% ad valorel i.
- o - E/PC/T/228
page 8
- 3 -
SCHEDULE II - RURITANIA
-Part Il
Prefcrenti.al Tariff
Ruritania
Tariïf
Item
Number Description of Products Rate cf Duty
Napthenic acids
Linsoed oïl
Table and kitchen articles
S oient fic instruments
Wheat flour
8% ad val,
lià per lb.
20% ad val.
15% ad -val.
el. 00 per
100 kgss.
- c -
NOTES TO SPECIPIC ITEMS
(1) Exempt from RurÏtania monopoly duty.
GENERAL NOTES
The Tarilf item numbers given herein refer to
those appearing in the July !940 Revised Edition
of the Ruritanian Tariff.
23
331
538
1006
1348 E/PC/T/228
page 9
- 4-
SCHEDULE II - RURITANIA
Section B- Mauire tanîa
Part I
Mos b-favor,,d-l-ati.on Tarif f
M.auretani.a
Tari.ff item
nuxnber Description of' Products nRate of Duty
Cotton
Raisins
Dïctatïng MLachines
12%
2 8 p
-o. -
Part II
Preferent ial. Tarif f
Tïnplats
Vegetable juices
-o0
510
18
71.9
Free
6% E/PC/T/228
page 10
- 5 -
SCHEDULE II - RURITANIA
Section C - Anuitania
Part I
Most-Favored-Nation Tariff
Aquîtania
Tariff item
iiumbç-r Description of Products
Cigalrs
Coffee
Watches
Rate of Duty
Free
351o
10%
- o -
Part II
Preferential Tariff
Nil.
381
401. |
GATT Library | bk939dw0784 | Second Session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Discussion of Sacurity Arrangements | United Nations Economic and Social Council, April 14, 1947 | United Nations. Economic and Social Council | 14/04/1947 | official documents | E/PC/T/41 and E/PC/T/34-44 | https://exhibits.stanford.edu/gatt/catalog/bk939dw0784 | bk939dw0784_92290045.xml | GATT_153 | 131 | 892 | UNITED NATIONS
ECONOMIC
SOCIAL COUNCIL
CONSEIL
ECONOMIQUE
ET SOCIAL
RESTRICTED
E/PC/T/41
14 April 1947
SECOND SESSION OF THE PREPARATORY COMMITTTEE
OF THE UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT
DISCUSSION OF SACURITY ARRANGEMENTS
A meeting to consider the security arrangements
outlined in document E/PC/T/39 will be held in Conference
Room 7 on Tuesday, 15 April at 3.30 p.m.
It is suggested that each delegation should be
represented by its Secretary, together wilt, where appro-
priate, its Security and/or Administrative Officer.
In addition to security, the Secretariat will
be glad to discuss with delegations any matters relating to
general administrative arrangements or procedure in which
they may wish to comment.
The Executive Secretary will be represented at
this meeting by Mr. BR. Turner (Rcom 222,
Telephone 2228),
T .S .V.P.
NATIONS UNIES |
GATT Library | vv643gp7219 | Second Session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Discussion of Sacurity Arrangements | United Nations Economic and Social Council, April 14, 1947 | United Nations. Economic and Social Council | 14/04/1947 | official documents | E/PC/T/41 and E/PC/T/34-44 | https://exhibits.stanford.edu/gatt/catalog/vv643gp7219 | vv643gp7219_92290045.xml | GATT_153 | 0 | 0 | |
GATT Library | dt846zg5748 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Draft Charter | United Nations Economic and Social Council, June 21, 1947 | United Nations. Economic and Social Council | 21/06/1947 | official documents | E/PC/T/W/208 and E/PC/T/W/208-220 | https://exhibits.stanford.edu/gatt/catalog/dt846zg5748 | dt846zg5748_90050353.xml | GATT_153 | 1,353 | 9,009 | UNITED NATIONS NATIONS UNIES RESTRICTED
E/PC/T/W/208
ECONOMIC CONSEIL 21 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
Draft Charter
The Delegation of the United States of America submit the
following proposals for amendment- of Articles 25 and 27 of the
Draft Charter:
Article 25
General Elimination of Quantitative Restrictions
1. Except as otherwise provided in this Charter. No
prohibitions or restrictions other than duties, taxes or other
charges, whether made effective through quotas, import licenses
or other measures, shall be instituted or maintained by any
Member on the importation of any product of any other Member
country or on the exportation or sale for export of any product
destined for any other Member country.
COMMENT : The opening phrase of paragraph 1 results in a
double cross-reference between the general
principle laid down in paragraph 1 and the
various exceptions stated elsewhere, each of
which contains an appropriate croos-reference
to paragraph 1. Double cross-references have
been avoided elsewhere in the Charter.
2. The provisions of paragraph 1 of this Article shall
not extend to the following:
(a)
(b)
L (d) Export or import quotas applied under regulatory
inter-governmental commodity agreements concluded in accordance E/PC/T/W/ 208
page 2
1.
with the provisions of Chapter VII.]
[(e)] (d) Import restrictions on any agricultural or
fisheries product imported in .ny form,necessary to the enforce-
ment of governmental measures which operate (W) to restrict the
quantities of the like domestic product permitted to be marketed
or produced, or (ii) to remove a temporary surplus of the like
domestic product by making the surplus available to certain groups
of domestic consumers free of charge or at prices below the
current market level. Any-Member [imposing] applying
restrictions on the importation of any product pursuant to this
subbparagraph 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. In determining this pro-
portion the Member shall pry due regard to the proportion
prevailing during a previous representatives period and to any
special factors which may have affected or may be affecting
the trade in the product concerned. [The Member shall consult
with any other Members which are interested in the trade in
question and which wish to initiate such consultations. ] 2 E/PC/T/208
page 3
[(f) Import and export prohibitions and restrictions
on private trade for the purpose of establishing a new, or
maintaining an existing monopoly of trade for a state-trading
3
enterprise operated under Articles 31 , 32 and 33.]
COMMENT: Sub-paragraph (d) should be replaced by the in-
sertion in Article 37 of an appropriate provision
excepting from all of Chapter V measures under-
taken in pursuance of obligations under regulatory
commodity arrangements concluded in accordance
with Chapter VII (See page 5 of U.S. working
paper 7009, 12 June 1947, submitted to the sub-
committee on Chapter VIII.)
2
the eliminetion of the consultative provision in
the last sentance of sub-paragraph (a) is proposed
with a vew to avoiding duplication of the consul-
tative provision in paragraph 4 of Article 27
dealing with the same subject.
paragraph (f) should be omitted in smmouh is its
substance is already coverage by sub-paragraph (g)
of Article 37. In orcer to make this perfectly
clear, sub-paragraph (g) of Article 37 might be
amended as follows:
" (g) Necessary to secure compliance with laws or regulations
Which are not inconsistent with the previsions of Chapter V,
such as these relating to the enforcement of state-trading
monopolies, customs [ enforcement] regulations , prevention of
deceptive practices, and the protection of tants, trade marks
and copyrights;"
Article 27
Non-discriminatory administration
of quantitative restrictions
1.
2.
(a)
(b)
(c) E/PC/T/208
Page 4
(d) Import licenses or permits, whether or not issued
in connection with quotes shall not (save for purposes of oper-
ating quotas allocated in accordance with sub-paragraph (e)
if this paragraph) recuire or provide that the license or permit
be utilized for the importation of the product concarred from
a particular country or source. Moreover, such licenses or
permits shall not be distributed among importing or supplying
enterprises in such manner, or be subject to such conditions as
to result in discrimination against any Member.
(e) In cases in which quots is allocated among
[applying ] supplying countries., [ the shares of the various sup-
plying Member countries should in principle be determined in
accerdance with commercial considerations such as price, quality
and customary cources of supply. For the purpose of appraising
2
such commercial considerations. ] the Member applying the re-
strictions may seex agreement with respect to the allocation of
shares in the quota with all other Members having substantial
interest in supplying thE product concerned. In cases in which
this method is not re senbly practicable, the Member concerned
shall allot to Member countries having a substantial interest
in supplying the product, shares based upon the proportions,
supplied by such Member countries during a previous represen-
tative period, of the total quantity or value of imports of the
product, due acount being taken of any special factors which
may have affected or may be affecting the trade in the product .
No conditions or formalities shall be impossed, which would pre -
vent any Member from utilizing fully the share of any such
total quantity or value which has been allotted to it, subject
to importation being made within any prescribed period to which
the quota may relate. E/PC/T/W/208
page 5
COMMENT: This addition to sub-paragraph (d) is proposed
in order to make it clear that the intent of
the sub-paragraph is to provide that there shall
bc no discrimination, direct or indirect, in the
administration of import license systems.
2
The guiding principle to be followed in quota
allocation is set forth in sub-paragraph (a).
Sub-paragraph (e) deals with the application
of this principle in different words if this
is all that is intended.
An objection to the mention of the principle
of commercial considerations in this context
is that it seems to imply that the government
would have its own commercial interests in
mind (rs in the case of state-trading) whereas
in fact governmental allocations should merely
reflect the factor or commerce l considerations
as it may be influencing, or may have influenced,
all trade, whether public or private, in the
product subject to the restrictions. This
application to quota allocations of the prin-
ciple or commercial considerations, however,
is already fully covered by sub-paragraph (C).
It is proposed that sub-paragraph 3(a) be amended a s
1
follows and added as a lest sentence to sub-paragraph 3(c),
present sub-paragraph (b) thus becoming sub-paragraph (a:)
In case-s [ where] in which import licenses are issued in
connection with import restrictions, the Member applying the
restriction shall provide, upon the request of any Member having
an interest in the trade in the product concerned, all releveant
information concerning the administration of the restriction,
the import licenses granted over a past recent period and the
distribution of such licenses among supplying. countries [Provided,
however, that there shall be no obligation to supply information
2
e.s to the names or importing or supplying enterprises]
1
COMMENT: Since paragraph 3(e) and (c) both deal with
the better of providing information to Members
regarding the administration of quv-.ntitetivo
restrictions, it appears more logical to group
these together in a single sub-paragraph.
2
The proposal to delete the proviso permitting
withholding ot the names of importing and
supplying enterprisos is based on the view that
since the granting or licenses to particular enter-
prises may frequently constitute in effect a. dis-
crimination against particular countries, the
names of enterprises receiving licenses should
not be withheld from Members which request them. |
GATT Library | nj429mn9271 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Draft Charter | United Nations Economic and Social Council, June 14, 1947 | United Nations. Economic and Social Council | 14/06/1947 | official documents | E/PC/T/W/195 and E/PC/T/W/177-207 | https://exhibits.stanford.edu/gatt/catalog/nj429mn9271 | nj429mn9271_90050339.xml | GATT_153 | 1,249 | 8,254 | RESTRICTED
ECONOMIC CONSEIL E/PC/T/W/195
AND ECONOMIQUE 14 June, 1947.
SOCIAL COUNCIL ET SOCIAL ORIGINAL: ENGLISH
SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT .
Draft Charter
The Delegation or the United States of America submit
the following proposals for amendment of Articles 31, 32 and
33.
SECTION E. STATE TRADING
ARTICLE 31: [Non-discriminatory administration of Most-
favored-nation treatment by state trading enter-
prises
1. (a) If any Member establishes or maintains a state enterprise,
wherever located, which imports, exports, purchases, sells
or distributes any product, or if any Member grants exclusive
or special privileges, formally or in effect, to any
enterprise to import, export, purchase, sell, distribute
or produce any product, the commerce or other Members
shall be accorded treatment no less favourable than that
accorded to the commerce of any country other than that
in which the enterprise is located in respect or the purchase
or sale by such enterprise of any product. To this end
such enterprise shall, in making its external purchases or
sales of any product, be influenced solely by commercial
considerations, such as price, quality, marketability,
transportation and other terms of purchase or sale, having
due regard to any differential customs treatment maintaine d
consistently with the other provisions of this Charter.7such
enterprise shall, in purchases or sales affecting international
NATIONS UNIES
UNITED NATIONS E/PC/T/W/195
page 2
trade, act in a manner consistent with the principle of
general most-favored-nation treatment which is applied in
Article 14 to governmental measures affecting private trade.
(b) The Provisions of subparagraph (a)of this paragraph shall
be understood to require that such enterprises shall make
any purchases or sales affecting international trade solely
in accordance with commercial considerations such as price.
quality, marketability, transportation and other terms of
Purchase or sale and, through public offers or bids or other-
wise, shall afford the enterprises of all Members full
opportunity to compete for participation in such purchases
or sales.
COMMENT:
The changes in this paragraph are proposed (1) to simplify
the previous language and to eliminate the possible
inference that most-favored-nation treatment by state
enterprises might require identicalprices to buyers and
sellers in different markets; (2) to provide, in the. phrase
beginning with "shall afford a necessary implementation of
the obligation to act in accordance with commercial
considerations.
2. The provisions of pararaph 1 of this Article [relating to
purchases of imports by state enterprises shall apply to
Purchases or] .mports of products for resale or for use in
the production of goods for sale. With respect to [purchases
or] imports [by state entereprise] of products for governmental
use and [not] neither for resale [or] nor for use in the pro-
duction of goods for sale, Members shall accord to the Commerce
of other Members fair and equitable tretement [having full re-
gard to all relevant circumstances]
COMMENT:
These changes are intended to express more simply and
in fewer words the intent of the London draft. Execpt
for the removal of the brackets from that draft, these
changes do not affect the substance of the paragraph. E/PC/T/W/195
page 3
3. This Article shall apply to any enterprise, organ or
agency in which there is effective control by a Member
government [.] [Alternaive A..... the enterprise.
alternative B] or over whose trading operations a govern-
ment is, under the arrangements providing for the special
or exclusive privilees granted to the enterprise, legally
entitled to exercise effective control.
ARTICLE 32: Expansion of international trade by Members
having state monopolies [of individual
products
1. If any Member other than a Member subject to the pro-
visions of Article 33] establishes, maintains or authorizes,
formally or in fact, an effective monopoly of the importa-
tion or exportation of any product, such Member shall, upon
the request of any other Member or Members having
substantial interest in trade with that Member in the pro-
duct concerned, [enter into] carry out negotiations with
suoh Member or Members in the manner provided for in re-
spect of tariffs under Article 24, with regard to] with
the object of achieving (a) in the case of an export
monopoly, arrangements designed to limit or reduce the pro-
tection afforded through the operations of the monopoly to
domestic users of the monopolized product or to assure
exports of the monopolized product in 'adequate quantities
at reasonable prices; or (b) in the case if an import
monopoly [the mazimum margin by which the price for an
imported product charged by the monopoly in the home market
may exceed the landed cost, before payment if any duty, of
such product purchased by the monopoly from supplier in
the territories of Members, after due allowance for internal
taxes, transportation, distribution and other expenses E/PC/T/W/195
page 4
incident to purchase, sale or further procession, and for
a reasonable margin of profit. For the purpose of
applying this margin regard may be had to average landed
costs and selling prices or the monopoly over recent
periods.] arrangements designed to limit or reduce the
protection afforded through the operation of the monopoly
to domestic producers of the product or a competing pro-
duct, or arrangements designed to increase the total
import of the product. Any arrangement negotiated under
this paragraph shall be subject to the provisions of
Article 31, and any Member entering into negotiations under
this paragraph shall afford to other lnterested Members
en opportunity for consultation with respect to the pro-
posed arrangements.
2. Any Member substantially interested in the exportation of
a commodity to a Member maintaining such a monopoly affect-
ing such product may, subject to the terms or paragraph 1
of this Article, request the other Member to negotiate:
(a) the maximum margin by which the price at which the
monopoly sells the product concerned exceeds the price
paid to sellers of Member countries.
(b) the total quantity of the commodity which the Member
maintaining the monopoly shall agree to import from
all sources, or
(c) any other arrangement to accomplish the purpose of
paragraph 1 of this Article.
Provided that, any such arrangement shall be subject to
the provisions of Article 31, and the Member requesting a
negotiation under this paragraph shall immediately notify
the Organization of the nature of this request. E/PC/T/W/195
page 5
[2.] 3. Any Member newly establishing any import monopoly in
respect of any product shaIl not [create a margin as defined
in paragraph 1 (b)] establish a degree or protection to its
domestic producers greater than that represented by the maximum
rate of import duty which may have been negotiated in regard
to that product product to Article 24, or otherwise, through
the operation of such monopoly, impair the valua to other Members
of suoh negotiated concession.
COMMENT :
The London draft or paragraphs 1, 2 and 3 of Article 32
established too rigid a formula for the application of
the general provision calling for negoti-tions with Mem-
bers maintaining state enterprises or monopolies. The
proposed changes provide for the negotiation of any
arrangement under those circumstances which is consistent
with the principles of Articles 31 and 32.
3. Delete
4. Delete
COMMENT :
In view of the flexibility now provided in the rest of
Article 32, these paragraphs are unnecessary.
Article 33: Expansion of trade by complete
state monopolies or import trade
(Delete)
COMMENT :
In the revised form suggested, the provisions of
Article 32 can apply to any state trading country,
including tho countries contempleted in Article 33,
and this article, therefore, is no longer necessary. |
GATT Library | vy486vh8878 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Draft Charter | United Nations Economic and Social Council, July 21, 1947 | United Nations. Economic and Social Council | 21/07/1947 | official documents | E/PC/T/W/250 and E/PC/T/W/236-260 | https://exhibits.stanford.edu/gatt/catalog/vy486vh8878 | vy486vh8878_90050400.xml | GATT_153 | 904 | 5,922 | UNITED NATIONS RESTRICTED
UNITED NATIONS NATIONS UNIES
E./PC/T/W/250
ZEC ECONOMICEIL 21 July 1947
W M 1C AND ECONOMIQUE Orignal: English
SOCIAL COUNCIL ET SOCIAL
SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE EMPLOYMENT
Draft Charter
The delegation of the United States of America submit the
following revisions of their proposals amendments of paragraph
2 of Article is of Chapter IV of the Draft Charter (E/PC/T/W/125)
CHAPTER IV
Article 12: Means order of promoting ecomomic development.
2. (a) In order to stimulate and assure the provision and
exchange of facilities for industrial and general
economic development, each Member shall take no [anreason-
injurious to the rights inequitable action within its Jurisdiction
injurious to the rights [and] or interests of [citizens
or legal entities] nationals of [any] other Members
[country] in the enterprise, skills, capital, arts [and]
or technology which they have supplied.
4/(b) (REDRAFT) With respect to the opportunity to make invest-
ments, the Member recognize that, except as otherwise
deemed necessary in the national interest, the nationals
of any other Member should be accorded national and most
favored . nation treatment within the territory of each
Member. The Members undertake to cooperate with each
In accordance with the procedure prescribed in E/PC/T/72 and
E/PC/T/81 Rev. 1, these revised proposals have been referred
directly to the Sub-Committee on.Chapter IV. E/PC/T/W/250
page 2.
other and with the Organization toward the achieve-
ment of this objective.
(c) (REDRAFT) Apart from the conditions or limitations
which existed ut the time that an investment was made,
or at the time that the Charter shall have come into
force with respect to such Member, no Member shall
impose any requirements on the rights and interests of,
or on the conduct of business by, nationals of other
Members which are cherous than those such Member
imposes upon its own nationals or upon nationals of
third countries. Members undertake to consult with
each other and with the Organization, with respect to
carrying out the obligations Of this paragraph. The
provisions of this paragraph shall in no way affect
the rights or obligations of Members under the Articles
of Agreement of the International Monetary Fund.
(d) (REDRLFT) Any Member which may take an interest of a
national of any nther Member into public ownership or
place such interest under public management or occu-
patian shall make adequate, effective and prompt compen-
sation to such national. The provisions of this para-
graph shall in no way affect existing international
obligations of Members.
COMMENTS:
1] The words "unfair or inequitable" have been substituted for the
word "unreasonable" as a drafting change and on the ground
that they are somewhat more explicit than the word "unreason-
able."
2] The word nationals" is used rather than "citizens or legal
entities" since it is a more commonly used expression in inter-
national law and in treaties with respect to treatment of
persons within the jurisdiotion of other states. It is not
believed that it is necessary to elaborate the word by providing E/PC/T/W/250
page 3.
that both individual and legal nationals -- that is,
corporations, associations, partnerships, etc. are
included.
3/ Other changes are merely drafting changes,
4/ Paragraphs 2(b) (c) (d) amu (e) have been redrafted from
the proposals made by the Relegation of the United States
of America in Document E/PC/T/W/123.
/ Paragraphs 2(b) and 2(c) have been redrafted in order to
separate the differing problems of the opportunity to
invest (hendled in paragraph (b) and the treatment of an
investment once permitted (handled in paragraph (c).
,As to (b) , it is felt not to be desirable to impose se a
rigid present limitation on a country's freedom of action.
However, it is desirable to state that Members recognise
that national and most-favored-nation treatment should be
accorded with respect to the opportunity to make invest-
ments. The necessory deviations from this principle are
recognised in the phrase "except as otherwise deemed
necessary in the national interest."
6/ This clause is introduced to cover the problem of the
treatment of foreign investments (a) existing at the time
the Charter comas into effect for any Member or (b) which
may subsequently be made. As to existing investments it
is provided that no Member shall be required to change its
present laws even though, in the past, these my have
imposed upon foreign investors burdens more onerrus than
imposed on national investors. However existing invest-
ments, after coming into force of the Charter with respect
to any Member, shall nst bc subjected to new and additional
burdens of a discriminatory character. With respect to
future investments, i.e., those made after the Charter comes
into effect, each Member is obligated not to impose discrim-
inatory burdens apart from the conditions imposed by the
Member; in accordance with paragraph (t), it the time such
investment is made.
2 this phraseology has been altered to make explict that
Members are merely obligated not to impose positive burdons.
beyond these permissable under the M-F-N and rational treat-
ment formula, on the investments of nationals of other
Members. However, the phraseology does not necessarily re-
quire the conferring of special benefits on the investments
of foreign nationals when such benefits are conferred upon
local nationals.
8/ This provise ensures that no Members will be required by this
paragraph to take any steps inconsistent with the Members'
privileges or obligations under the articles of Agreement of
the Monetira Fund. |
GATT Library | xn753qw2502 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Draft Charter | United Nations Economic and Social Council, May 16, 1947 | United Nations. Economic and Social Council | 16/05/1947 | official documents | E/PC/T/W/86 and E/PC/T/W/82-124 | https://exhibits.stanford.edu/gatt/catalog/xn753qw2502 | xn753qw2502_90050217.xml | GATT_153 | 951 | 6,309 | UNITED NATIONS NATONS UNIES RESTRICTED
ECONCMIC CONSEIL E/PC/T/W/86
May 16, 1947
AND ECONOMIQUE ORIGINAL : ENGLISH
SOCIAL COUNCIL ET SOCIAL
SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT
Draft Charter
The Delegation of the United States of America submit
the following proposals for amendment of Chapter III of the
Draft Charter
CHAPTER III
Production, Employment and [Effective]
Demand [and Economic Activity]
Article 3 : Importance of Production, Employment
and Demand in Relation to the Purposes
of this Charter
1. The Members recognize that the avoidance of unemploy-
ment or under-employment through the achievement and mainten-
ance 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 effective demand or goods and services is not of
domestic concern alone, but is a necessary condition 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.
2. Members agree that, while the achievement and main-
tenance of high and stable production useful employment
opportunities, and large and growing [effective] demand [and
employment must depend primarily on domestic measures, such E/PC/T/W/ 86
Page 2.
Measures should be assisted by the regular interchange of
information and views among Members and, so far as possible,
should be su supplemented by international action to be agreed
upon sponsored by and to be carried out under the soonsorship
of the Economic and Social Council of the United Nations and
carried out in collaboration with the appropriate inter-
governmental organization acting within their respective
spheres and consistently with the terms and purposes of their
basic instruments.
COMMENT :
It is the purpose of the first amendments proposed to
give recognition to the fact that a high and stable level of
production is prerequisite to the maintenance of employment and
demand. Inclusion of the phrases suggested should strengthen
the text.
It is the purpose of the last amendment to make it clear
that it is not the intention of the paragraph, by indirection,
to confer upon the Economic and Social Council powers exceeding
those conferred by the Charter of the United Nations.
Article 4 : Maintenance of Domestic Production
Employment and Demand
1, 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.
2. Measures to sustain production, employment and demand
shall be consistent with the other purposes and provisions of
this Charter, and in the choice of such measures each Member
Members shall sock to avoid measures which would have the effect
of creating balance-of-payments difficulties for other Members. E/PC/T/W/86
Page 3.
COMMENT :
It is the purpose of the Amendments suggested for paragraph
2 to remove the possible inference that the drafters of the
paragraph had intended to impugn the motives of any Member.
The change does not alter the substance of the paragraph.
Article 5 : Fair Labour Standards
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 elimiInate 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 organizations.
COMMENT
This amendment is designed to make it clear that it is
not intended that the ITO should supersede the International
Labour Organization or duplicate its functions.
Article 6 : The Removal of Maladjustments
in the Balance of Payments
Members agree that in case of In the event of the
persistence of a situation in which a Member experiences a
fundamental disequilibrium in their its balance of payments
Involving other countries in persistent and in which another
Member in 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 4, they will make their full each of the members
concerned will make its appropriate contribution to action
designed to correct the maIadjustment.
COMMENT :
It is the purpose of the first part of the proposed amend-
ment to remove the implication that the persistent balance of E/PC/T/W/86
Page 4.
payments difficulties of one country must necessarily be the
effect of something that has been done to it, whether inten-
tionally or not, by another country. The suggested wording
retains the commitment contained in the present draft and
brings it Into effect whenever the two conditions described
occur at the same time.
It is the purpose of the second suggestion to broaden
the concept of "maintaining employment" to include all anti-
depression and stabilization measures and to tie the article
in more closely with the rest of the Chapter.
When a maladjustment of the sort described occurs it
should be obvious that every Member concerned should make
every possible contribution to its correction. It is probable,
however, that one Member may be called upon to make heavier
contribution than another. This disparity is provided for by
the insertion of the word "appropriate".
Article 7 : Safeguards for Members Subject to
External Deflationary Pressure
Article 7 deals with the manner in which the Organization
shall perform the functions assigned to it, primarily in con-
nection with balance of payments questions. It is recommended,
therefore, that the Article be removed from Chapter III and
inserted in Article 26 at the and of paragraph 3 as a new
sub-paragrarh (f). |
GATT Library | yj206nh6645 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Draft Charter | United Nations Economic and Social Council, June 21, 1947 | United Nations. Economic and Social Council | 21/06/1947 | official documents | E/PC/T/W/216 and E/PC/T/W/208-220 | https://exhibits.stanford.edu/gatt/catalog/yj206nh6645 | yj206nh6645_90050363.xml | GATT_153 | 1,317 | 8,762 | / UNITED NATIONS NATIONS UNIES
ECONOMIC CONSEIL RESTRICTED
AND ECONOMIQUE E/PC/T/W/216
SOCIAL COUNCIL ET SOCIAL ORIGINAL:ENGLISH
SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT
Draft Charter
The Delegation of the United States of America submit the
following proposals for amendment of Articles 26, 28, and 29
of the Draft Charter:
ARTICLE 26 : Restrictions to Safeguard the Balance of
Payments
1. Some [The] Members may need to use import restrictions
temporarily as a means of safeguarding their external
financial positions and as a step towards the restoration
of equilibrium in their balances of payments on a sound and
lasting basis, particularly in view of their increased demand
for imports needed to carry out their domestic employment,
reconstruction, development or social policies. Accordingly,
notwithstanding the provisions of paragraph 1 of Article 25,
any Member may restrict the quantity or value of merchandise
permitted to be imported insofar as this is necessary to
safeguard its balance of payments and monetary reserves.
COMMENT:
The first two changes are intended to remove the implica-
tion in the New York draft that import restrictions for
balance of payments reasons are expected to be used
generally and indefinitely. The other changes are
designed to clarity the intention of the paragraph.
3.(a) Any Member which is not applying restrictions under para-
graphs 1 and 2 of this Article, but which is considering the
need for their institution under such paragraphs, shall,
before instituting such restrictions (or, in circumstances
TIONS UNIES
ITED NATIOSN E/PC/T/W/216
page 2.
in which prior consultation is impracticable, immediately
following upon the institution of such restrictions) con-
sult with the Organization as to the nature of its balance-
of-payments difficulties, the various corrective measures
which may be available, and the possible effects of such
measures on the economies of other Members. The Organiza-
tion shall invite the International Monetary Fund to par-
ticipate in the consultations. No Member shall be required
during such discussions to indicate in advance the choice of
timing of any particular measures which it may ultimately
determine to adopt.
COMMENT:
This addition will eliminate the possible implication
that quantitative restrictions under Article 25, para-
graph 2, require consultation under this sub-paragraph.
(d) Any Member which considers that any other Member is applying
import restrictions under paragraphs 1 and 2 of this Article
in a manner inconsistent with the provisions of this Article
those paragraphs] ¹ or of Articles 27 or [ and] 28, or in
a manner which unnecessarily damages its commercial interests,
may bring the matter for discussion to the Organization.
[The Member applying the restrictions shall then participate
in discussions of the reasons for its action. The] If the
Organization , if it is satisfied that there is a prima
facie case that the complaining Member's interests are
adversely affected, it shall afford the Member applying the
restrictions full opportunity to justify its action, and
shall consult [may after consultation] with the International
Monetary Fund on any aspect of the matter falling within the
competence of the Fund [, and, if it]. The Organization
[after submitting] may submit observations to the parties E/PC/T/w /216
page 3.
with the aim of achieving a satisfactory settlement of
the matter in question. If no such settlement is
reached, the Organization shall recommend the with-
drawal or modification or restrictions which it determines
are being applied in a manner inconsistent with the pro-
visions of [ paragraphs 1 and 2 of] this Article or of
Article 27 or 28 or in a manner which unnecessarily
damages the interests of another Member. If the res-
triotions are not withdrawn or modified in accordance
with the recommendation of the Organization within
sixty days, such other Member or Members shall be
released from such obligations incurred under this
Charter towards the Member applying the restrictions
as the Organization may approve.
COMMENT
1] This sub-paragraph should not be limited to
non-compliance with paragraph 1 and 2 of
this Article. The procedure should be
equally applicable to, and frequently will
involve of necessity, questions or non-
compliance with other paragraphs, such as
3, 4 and 7.
2/ The substitution of the word "shall" for
"may" is to avoid the implication that
the Organization would be free to condane
obvious violations of the provisions of
the Article.
The other changes in this sub-paragraph are
drafting suggestions. E/PC/T/W/2 16
page 4.
Article 28
Exccptions to the Rule of Non-Discrimination
1(b) prohibitions or restrictions in accordance with
sub-paragraph s 2(a) (i) [or 2(d)] of Article 25.
Comment:.
The reference to sub-paragraph 2(d) of Article 25
has been deleted because of the proposal of the
U.S. Delegation made in a separate document to
delete that sub-paragraph.
1(c) [Delete. See suggested new paragraph 7 of Article 29.]
1(d)(il) assist in the period until 31 December 1951, by
measures not involving a substantial departure from the
provisions of Article 27, a another country whose economy
has been disrupted by war:
Comment:
This change is designed to make clear the intention
to cover the case of one Member helping another,
but not the case of one Member helping itself.
3. When three-quarters of the Members of the Organization
have accepted the obligations of Sections 2, 3 and 4 of
Article VIII of the Articles of Agreement of the International
Monetary Fund, but in any event before 31 December 1951, the
Organization shall review the operation of this Article, in
consultation with the internationall monetary Fund, with a view
to the earliest possible elimination of any discrimination
.under paragraphs l(e)(i) and (i) of this Article [,
which restricts the expansion of world trade].
Comment:
The last clause has been omitted to eliminate het
possible interpretation that it is the wisdom rather
than the continued necessity for discriminatory
import restrictions which is to be reviewed. E/PC/T/W/216
page 5.
article 29; Exchange arrangements
1. The Organization shall seek co-operation with the
International .'onetary Fund to the end that the Organization
and the Fund may pursue a co-ordinated policy with regard to
exchange questions within the [competence] jurisdiction of
the Fund and questions of quantitative restrictions and other
trade measures within tho [competence] jurisdiction of the
Organization. in all cases in which the Organization is
called upon, to consider or deal with balance-of-payments
problems the Organization shall consult the International
Monetary Fund fully regarding the problem.. After such
consultation the Organization shall accept the determination
of the International ,Monetary Fund as to all facts relating
to exchange controls or restrictions, as to statistics
regarding general international balanc-of-payments or the
balance of payments of any Member, and as to the analysis of
the balance-of-payments position.
Comment:
The first two amendments are designed to avoid ambiguity,
since the word competencec" is used with a different meaning
in paragraph 3 (d) of article 26 and in paragraph 2 of
article 28. The two new sentences proposed for addition to
the Paragraph are designed to clarify the function of the
Fund when consulted on balance of payments questions, and to
relieve the Organization of the necessity of building up a
separate staff of technical experts who would duplicate the
work of the Fund experts. Acceptance of this amendment
would make it possible to delete many references to con-
sultation with the. Fund, particularly in article 26.
7. Nothing in this section is intended to preclude a
Member from regauiring that its exporters accept only its
own currency or the currencies of any one or more members of E/PC/T/W/216
page 6.
the International Monetary Fund, as it may specify in
payment for exports.
Comment:
This provision constitutes, in substance, paragraph 1(c)
of Article 28 of the New York draft. It is misplaced in
article 28, since it does not constitute an exception to
the rule of non-discrimination on quotas. As rephrased
here, it is clearly an exchange matter rather than a
provision involving quantitative restrictions, and would-
therefore belong most appropriately in Article-29. |
GATT Library | bk596js0846 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : 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/122 and E/PC/T/W/82-124 | https://exhibits.stanford.edu/gatt/catalog/bk596js0846 | bk596js0846_90050255.xml | GATT_153 | 0 | 0 | |
GATT Library | rp025xk3125 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Draft Charter | United Nations Economic and Social Council, June 4, 1947 | United Nations. Economic and Social Council | 04/06/1947 | official documents | E/PC/T/W/165 and E/PC/T/W/151-176 | https://exhibits.stanford.edu/gatt/catalog/rp025xk3125 | rp025xk3125_90050302.xml | GATT_153 | 1,293 | 8,186 | UNITED NATIONS NATIONS UNIES RESTRICTED
ECONOMIC CONSEIL E/PC/T/W/165
AND ECONOMIQUE 4 June, 1947
SOCIAL COUNCIL ET SOCIAL ORIGINAL: ENGLISH
SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT
Draft Charter
The Delegation of the United States of America submit
the following proposals for amendment of Articles 34, 36 and 38
of the Draft Charter:
SECTION F: EMERGENCY PROVISIONS - CONSULTATION
Article 34
Emergency action on imports of particular products.
1. If, as a result of unforeseen developments and of the effect of
the obligations incurred under or pursuant to this Chapter, any
product is being imported into the territory of any Member in
such increased quantities and under such conditions as to
cause or threaten serious in jury to domestic producers of like
or directly competitive products (or, in the case of a product
which is the subject of a concession with respect to a
preference, is being imported under such conditions as to cause
or threaten serious injury to producers in a territory which
receives or received such preference), the Member shall be free,
in respect of such product, and to the extent and for such time
as may be necessary to prevent such injury, to suspend the
obligation [in respect of such product] in whole or in part
or to withdraw or modify the concession [to the extent and
for such time as may be necessary to prevent such injury].
If agreement among the interested Members with respect to the
action is not reached, the Member which proposes to take or E/PC/T/W/165
Page 2.
continue the action, shall, nevertheless, be free to do so,
and if such action is taken or continued, the affected Members
shall then be free, not later than sixty days after such
action is taken, to suspend, upon the expiration of thirty
days from the day on which written notice of such suspension is
received by the Organization, the application to the trade of
the Member taking such action, of such [substantially equivalent]
obligations or concessions under this Chapter the suspension of
which the Organization does not disapprove. [In cases of abuse
the Organization may authorize an affected Member to suspend
obligations or concessions in addition to those which may be
substantially equivalent to the action originally taken.
COMMENT:
The proposed amendment to paragraph 3 would leave to the Organ-
ization the decision as to what compensatory action would be
appropriate in the circumstances without envisaging, as does
the present draft, that the privileges of the Article will be
abused.
Article 36
Contractual relations with non-Members.
Treatement of the trade of non-Members.
NOTE: The following additions and deletions are based upon the text
of this Article in the U.S. draft charter, as adopted as a
basis of discussion in the first meeting of the Preparatory
Committee and as reproduced on page 31 of the Report of the
Drafting Committee.
1. No Member shall seek [exclusive or] preferential advantages [for
its trade] in the territory of any non-Member [which would] so as
to result, directly or indirectly, in [discrimination in that
territory against the trade of any other Member] the application
by such non-Member to any Member of measures which, if applied
by a Member, would be inconsistent with the provisions of this
Charter. (1) E/PC/T/W/165
page 3
2. No Member shall be a party to any agreement or other arrangement
wïth any non-Member under which such non-Member [shall] would be
contractually entitled to any of the benefits [of] provided to
(2)
Members by virtue of [this Charter] Chapter V.
3. [With regard to countries which, although eligible for membership
have not become Members or have withdrawn from the Organization]
No Member shall, except with the concurrence of tho Organization,
apply to the trade of [such countries] any other country which,
although eligible for membership, has not become a Member or has
withdrawn from the Organization, the tariff reductions effected by
(3)
such Member pursuant to Article 24. [This paragraph shall become
effective upon the expiration of one year from the date on which
the Organization is established: Provided, That this period may
be extended by the Organization for further periods not to exceed
(4).
six months each]
4. The provisions of paragraphs 2 and 3 of this Article shall become
effective upon the expiration of one year from the day on which
this Charter enters into force: Provided, That this period may
be extended by the Organization, in respect of the relations of
any Member with any non-Member, for such further periods as the
Organization may prescribe. At any time before the expiration
of any such period, a Member may request the Organization in
writing for such an extension, in which event the period will be
considered to be extended until a reply is received from the
Organization. If the Organization disapproves the extension
requested, the Member shall then be free, not later than sixty
days from the day on which notice of such disapproval is received
be the Member, to withdraw from the Organization effective upon
the expiration of sixty days from the date on which written notice
(5) of such withdrawl is received by the Organization. E/PC/T/W/165
page 4.
[4.]5. Members [undertake to review] shall terminate at the earliest
possible date any international obligations they may have with
non-Members which would prevent them from giving full effect to
[paragraphs 1 and 2 of this Article] the provisions of this
Charter, [and, if necessary for that purpose, to terminate such
obligations] either by agreement or in accordance with their
(6)
terms.
COMMENT:
(1) Under the present draft this obligation might have been
interpreted to refer to ordinary commercial contracts or other
matters not subject to the provisions of the Charter. The
proposed change should make the original purpose clear.
(2) The proposed change limits the application of this provision to
the principal commercial benefits which are granted by Members
to other Members by virtue of the Charter. The broader wording
of the earlier draft was subject to the objection that it would
require the renegotiation or fenunciation of agreements with
non-Members even though such agreements could not be considered
harmful to the interests or other Members.
(3) This change is made in the interest of better drafting and does
not affect the substance of the earlier draft.
(4) The deleted sentence has been moved to the new paragraph 4.
(5) The purpose of this change is:
a. To provide a mechanism for the extension of the period before
which the provisions of paragraphs 2 and 3 come into force,
and
b. to enable Members to appraise the effects of the application
of paragraphs 2 and 3 in the light of the known membership
of the Organization and to withdraw from membership if the
disadvantages to them arising from the application of this
Article would outweigh the advantages of membership.
(6) The effect of the changes proposed in this paragraph is to omit
from an Article relating to non-Members any reference to the
revision of obligations between Members, to extend the
termination of obligations with non-Members to include any
obligation conflicting with the Charter, and to avoid unnecessar y
delays in carrying out the provisions of the paragraph. E/PC/T/W/165
page 5
SECTION I - TERRITORIAL APPLICATION
Article 38: Territorial application of Chapter V - Frontier
traffic-Customs Unions
1. The provisions of Chapter V shall apply to the customs territories
of the Members. If there are two or more customs territories
under the jurisdiction of any Member, each such customs territory
shall be considered as though it were a separate Member for the
purpose of [interpreting] the territorial application of the
provisions of Chapter V.
COMMENT:
This change is intended to remove possible ambiguity in the
former wording.
2.
3.
4.
5. |
GATT Library | vf320rx2153 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : 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/122 and E/PC/T/W/82-124 | https://exhibits.stanford.edu/gatt/catalog/vf320rx2153 | vf320rx2153_90050255.xml | GATT_153 | 0 | 0 | |
GATT Library | sq132sx5805 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : 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/122 and E/PC/T/W/82-124 | https://exhibits.stanford.edu/gatt/catalog/sq132sx5805 | sq132sx5805_90050255.xml | GATT_153 | 3,882 | 25,691 | UNITED NATIONS NATIONS UNIES
ECONOMIC CONSEIL RESTRICTED
AND ECONOMIQUE
SOCIAL COUNCIL ET SOCIAL E/PC/T/W/122
24 May 1947
SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT
DRAFT CHARTER
The Delegation of the United States of America submits
the following proposals for amendment of Chapter VI of the
Draft Charter:
CHAPTER VI
Restrictive Business Practices
Article 30: Policy Toward Restrictive Business Practices.
2. Withnut 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
(1)
procedure [with respect to] (1) regarding complaints
provided [by the relevant Articles] in this Chapter
[if the Organization considers 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] (3) effects [enumerated]
(4)
described in paragraph 1 of this Article, whenever
COMMENT:
(1) These changes are suggested as a drafting improvement
to eliminate unnecessary words.
(2) The original clause requires the prior determination or
harmful effects as a condition precedent to investigation
by the Organization. This is evidently a drafting error
since the purpose of investigation is to determine whether
or not in a particular instance harmful affects are
resulting from certain practices.
(3) It is unnecessary to repeat the word harmful" in this
paragraph; otherwise, it would also have to be repeated
in all the following Articles of the Chapter.
(4) Substitution of the word "described" is suggested in order
to conform with usage elsewhere in Chapter VI.
. E/PC/T/W/122
page 2.
3(e) [Suppressing] Agreeing with others to prevent (1) the
application or development of technology whether patented
or unpatented; and
COMMENT:
(1) This change is suggested in the interest of accuracy and
effectiveness. The original clause is ambiguous and
defective for the following reasons: In the first place,
there is no simple and definable act of suppressing"
technology; whether or not a particular bit of
information is or can be put to use at any given time
depends upon a large number of circumstances, some of
which are of a commercial nature. In the case of
patented information, it is probably correct to say the
majority cf patents issued throughout the world do not
cover inventions that are commercially feasible. In
the case of patented technology, the information in
question must be kept secret if it is to be suppressed",
in which case it will not be known.
Consequently, it has seemed desirable to specify a
genuinely restrictive practico; namely, agreement with
others to prevent the use or development of technology.
The term "prevent" has a clear and definite meaning in
this context and moreover a test of commercial
feasibility is provided: i.e. the agreement is at least
prima facie evidence that either or both of the parties
would otherwise have used or developed the technology in
question.
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.
COMMENT:
These changes are suggested in urder to avoid any implica-
tion that ITO will intrude upon the jurisdiction of the
courts of Member countries concerning the validity and scope
of patents, etc., granted by the governments of these
countries. E/PC/T/W/122
page 3.
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 [Conference] consultatiGn 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.
COMMENT:
These changes are suggested in order to avoid confusion as to
the action contemplated under this paragraph. The term
"conference" has been eliminated because it gives the impression
to some that a series of formal international gatherings,
similar to the present Geneva meeting, will be required.
Actually, the procedure is an informal one involving all
Members directly interested, and can better be described as a
"consultation". This change is accordingly provided and this
stop is set forth in a separate paragraph.
[(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.
COMMENT:
This sentence is taken without significant changes from
original sub-paragraph (b) and set fourth as a separate paragraph,
in order to conferm to the chronological sequence of steps in
the complaints procedure.
[(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
(2)
of Article 39] ; if the Organization deems that further
information is necessary before such decision can be reached,
(3)
it shall request each Member concerned to furnish [such E/PC/T/W/122
page 4.
information as the Organization may deem necessary]
(4) (5)
supplementary information, including for example
information [or data] from commercial enterprises
(7)
within [its] the jurisdiction of the Members concerned
review all relevent information (8) ; and [then determine]
decide (9) whether an investigation is justified.
COMMENT:
(1) These changes are suggested in order to put into one
paragraph the second step in the complaint procedure; namely,
that of "screening" a particular complaint in order to decide
whether an investigation is warranted. The underscored words
state this intent of the paragraph.
(2) This clause has been transferred to the proceding
revised paragraph.
(3) This clause indicates why further information may be
necessary in the course of the "screening" process.
(4) The information submitted with the complaint may be
conclusive to establish a prima facie case; if it is not,
the Organization may wish to call for supplementary
information.
(5) Since it is presumable that other information may
also be useful, that which is obtainable. from business firms
should be cited as illustrative.
(6) The term "or data" is superfluous; "information"
includes "data".
(7) The word 'Members" must be substituted for "it",
which now refers to the Organization.
(8) This step is added to complete the preliminary
screening" process.
(9) A decision by the Organization is required at this
stage, and the word "decide" seems to be more appropriate
than "determine", which is used in a different context,
below, in paragraphs 5 and 6 of this Article. E/PC/T/W/122 .
page 5.
[(d)] 4. If [it considers that ] the Organization decides
that an [further] investigation is justified, it shall notify all
Members f [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 (2) the
(3)
practice complained of shall [have the] be afforded reasonable
opportunity to be heard at such hearings.
COMMENT:
(1) These words are added in order to distinguish clearly
between the screening procuss and the formal investigation,
which is treated in the present, revised paragraph.
(2) This addition to the original text is made on grounds
of equal justice. The interest of ITO in parties affected by
restrictive practices can surely not be less than in parties
allegedly engaging in such practices.
(3) This suggested addition is in accordance with the general
practice of safeguarding the legitimate rights of all parties
as to time and place of performance.
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.
COMMENT:
This paragraph is taken from paragraph 1 (e) of the New
York draft and transposed to its proper place in the sequence
of steps.
6. The Organization shall report fully to all Members
its determination and the reasons therefor.
COMMENT:
This paragraph is taken from paragraph 2 (a) of the New
York text and transposed in order to prescribe this stage of
an investigation, which is both distinct and important. E/PC/T/W/122
page 6.
[2.(a)] 7. if [it] 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 continuence or recurrence of [the] such (2) practices,
(3)
and may recommend to the Members concerned specific remedial
measures to be carried out in accordance with their respective
lams and procedures.
COMMENT :
(1) The Organization and the Members should not be
precluded from preventive action, although such cases would
probably be much less frequent then those of an ex post nature.
(2) The word "such" is suggested in order to cover
practices similar to those which have been the specific object
of the investigation and determination by ITO. For example,
if the practices in question have involved, inter alia,
agreeing with others to prevent the application of certain
technology, the Members should enjoin the parties to refrain
from similar practices in the future.
(3) This word is added to indicate that ITO can
recommend particular steps or techniques. In complex cases
involving a number of countries, it would be helpful if
detailed suggestions could be offered in order that the
actions of the several Members might be harmonized insofar
as possible.
[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 recurrenec
of the practices in question.
The suggested changes are not substantive and are advanced
in the interest of greater clarity. The term "these results"
has no definite reference as used in the New York draft.
[2.(c)] 9. [prepare and publish] As soon as possible
after its enquiries concerning any complaint dealt with under
[paragraph 1 (d)] paragraphs 3 to 6 (1) have been provisionally E/PC/T/W/122.
page 7.
or finally closed, the Organization shall prepare and publish
reports on all complaints....] a report (2) showing fully
[its] the decisions, [findings] determinations or other
conclusions reached, the reasons therefor and any action
[which the Organization has] recommended to the Members
concerned [; Provided]. However,[(1) publication of such
reports or any portion thereof may be witheld if it deems
this course justified; and (ii)] (3) the Organization shall
not, if a Member so requests, disclose confidential information
furnished by that Member which would materially damage the
legitimate business interests of a commercial enterprise.
COMMENT:
(1) Those words have been added to indicate more clearly
the scope of the complaints concerning which reports are to
be.published.
(2) The revised language is to indcate that a report
should be made on each complaint, rather than a generalized
report.
(3) Suppression of reports would be undesirable and
probably ineffective. This provision, moreover, invites the
public to suspect the procedures and motives of the Organization,
A discretionary element will, of course, enter into the
preparation of any report and will provide the necessary
safeguard.
[2.(d)] 10. The Organization shall report to all Members
and make public [if it deems desirable, the action] actions
which [has] have been taken by the Members concerned [to
realize the purposes described in paragraph 2 (e)] to prevent
the continuance or recurrence of the practices in question. (2)
COMMENT:
(1) There appears to be no valid reason to attempt to
keep from the public the acts of governmental authorities in
this instance. Such a stipulation in the Charter would not,
moreover, add to public confidence in the Organization.
(2) See comment 8 (a) above. E/PC/T/W/122
Page 8.
NOTE: The following is a clear draft of Article 40, revised as
suggested:
Article 40: Procedure with respect to Complaints.
1. The Organization shall arrange, if it considers such action
to be justified, for particular Members to take part in a
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.
2. The Organization shall prescribe 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.
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 authori-
zation of a Member by any affected person, organization or
business entity within that Member's jurisdiction; if the
Organization deems that further information is necessary before
such decision can be reached, it shall request each Member
concerned to furnish supplementary information, including for
example information from commercial enterprises within the
jurisdiction of the Members concerned; review all relevant
information; and decide whether an investigation is justified.
4. If the Organization decides that an investigation is justified,
it shall notify all Members of the complaint, request the com-
plainant 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.
Any Member as well as the parties alleged to have engaged in or
to have been affected by the practice complained of shall be E/PC/T/W/122
Page 9.
afforded reasonable opportunity to be heard at such hearings.
5. The Organization shall review all information available and
determine whether the practices in question hve or are about to
have the effect described in paragraph 1 of Article 39.
6. The Organization shall report fully to all Members its deter-
minations and the reasons therefor.
7. If the Organization 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 such practices, and may recommend to the Members concerned
specific remedial measures to be carried out in accordance with
their respective laws and procedures.
8. The Organization shall request all Members concerned to report
fully on the action they have taken to prevent the continuance
or recurrence of the practices in question.
9. As soon as possible after its enquiries concerning any complaint
dealt with under paragraphs 3 to 6 have been provisionally or
finally closed, the Organization shall prepare and publish a
report showing fully the decisions, determinations or other
conclusions reached, the reasons therefor and any action recomm-
ended to the Members concerned. However, the Organization shall
not, if a Member so requests, disclose confidential information
furnished by that Member which would materially damage the
legitimate business interests of a commercial enterprise.
10. The Organization shall report to all Members and make public
actions which have been taken by the Members concerned to
prevent the continuance or recurrence of the practices in
question. E/PC/T/W/122
page 10
Article 41: Studies Relating to Restrictive Business Practices.
1. The Organization [may] is authorized
(a) to conduct studies, either on its own initiative or
at the request of any member, or of any organ of the
United Nations or of any [specialized agency brought
into relationship with the United Nations] inter-
governmental organization, (1) relating to
(i) types of restrictive business practices in
international 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.
COMMENT:
(1) This change introduces language in conformity with
that of other Chapters.
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 gen-
eral [consultation on] discussion of (1)any matters
relating to restrictive business practices. E/PC/T/W/122
page 11
COMMENT:
(1) This substitution is made in order to avoid use of
the word "consultation", which is used in paragraph 1
of Article 40 to describe a different and distinct
procedure.
Article 42: Obligations of Members.
1. [In order to implement the proceeding Articles of this
Chapter] Each Member shall take all possible steps by
legislation or otherwise to forbid and prevent [ensure],
within its jurisdiction, [that private and public commercial
enterprises within its jurisdiction do not engage in]
practices by private or public commercial enterprises which
have the effect described 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 particular] the Member's
system of law and economic organization [of the country
concerned]
COMMENT:
This re-draft combines paragraphs 1(a) and 2(a), lines 4-9 of
the New York draft, both of which deal with the general obligations
of Members. It substitutes the term "forbid and prevent" for
"ensure" because the latter is too vague to be meaningful in this
context. The redraft indicates to whom "assistance" is to be
given. It also makes the term "in accordance with its system of
law and economic organization" modify both obligations set forth
in the paragraph.
2. Each Member shall establish procedures [to deal with] for
authorizing complaints, conducting investigations and
preparing information and reports requested by the
Organization.
COMMENT:
This re-draft includes paragraph 2(a), lines 1-3, which indicate
what Members should to help the Organization "considerer", "in-
vestigate", "study" and "report". The redrafted paragraph conforms
with Article 40, paragraph 1(b) of the New York draft. E/PC/T/W/122
page 12
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 withhold 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 in undertaking 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
withholding information pursuant to this clause, the
Member shall indicate the general character of the
information withheld.
COMMENT:
This re-draft includes paragraph 2(c) of the New York draft.
It refers specifically to "consideration", "investigation"
end "studios" rather than to cross-references.
4. Each Member shall take fullest account of the Organization's
determinations, requests and recommendations made [under
paragraph 2(a) of Article 40] on the basis of its investi-
gations and determine and initiate appropriate action in
accordance with [its] the Member's system of law and
economic organization to prevent within its jurisdiction
the continuance or recurrence of any practices which the
Organization finds to have had the affect described in
paragraph 1 of Article 39. E/PC/T/W/122
page 13
COMMENT:
This re-draft includes paragraph 1(b) of the New York draft.
However, it refers specifically to "investigations", thus elimi-
nating the cross-reference. Also, it specifies that after "deter-
mination", appropriate action will be initiated. (In the event
that no action is believed appropriate, provision is made in the
following paragraph for report of this fact to the Organization.)
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 be taken, [to] explain to the Organization the reasons
therefor and discuss the matter further with the Organization
if requested to do so.
COMMENT:
The language of paragraph 2(d) of the New York draft is followed
in this re-draft, which provides for the elimination of cross-
references. It also substitutes the word "any" for "the" in order
to provide for the possibility that a Member may determine that
no action is appropriate or necessary.
6. Take part in consultations and conferences upon the request
of the Organization. [In accordance with paragraph 1(a)
of Article 40 and paragraph 2(b) of Article 41]
COMMENT:
This re-draft incorporates paragraph 2(e) of the New York draft.
It eliminates cross-references and refers specifically to
"consultations" (which term has now been introduced, exclusively,
into paragraph 1 of Article 40 of the suggested U.S. re-draft)
and to "conferences" (which term relates exclusively to 2(b) of
Article 41 of the suggested U.S. re-draft)
NOTE: The following is a clear draft of article 42, revised as
Article 42: Obligations of Members.
1. Each Member shall take all possible steps by legislation or
otherwise to forbid and prevent, within its jurisdiction,
practices by private or public commercial enterprises which E/PC/T/W/122
page 14
have the effect described in paragraph 1 of Article 39, and
shall assist other Members and the Organization in preventing
such practices, these measures to be taken in accordance with
the Member's system of law and economic organization.
2. Each Member shall establish procedures for authorizing com-
plaints, conducting investigations and preparing information
and reports requested by the Organization.
3. Each Member shall furnish to the Organization; as promptly
as possible and the fullest extent practicable, such
information as is requested by the Organization for its
consideration and its investigation of complaints and for
its conduct of studies, provided that any Member
(a) may withhold confidential information relating to its
national security;
(b) on proper notification to the Organization, may with-
hold information which is not essentiel to the Organ-
ization in undertaking an adequate investigation and
which, if disclosed, would materially damage the legi-
timate business interests of a commercial enterprise.
In notifying the Organization that it is withholding
information pursuant to this clause, the Member shall
indicate the general character of the information with-
4. Each Member shall take fullest account of the Organization's
determinations, requests and recommendations made on the
basis of its investigations and determine and initiate
appropriate action in accordance with the Member's system
of law and economic organization to prevent 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. E/PC/T/W/122
page 15
5. Each Member shall report, as requested by the Organization,
any action taken, independently or in concert with other
Members, to implement recommendations made by the Organ-
ization, and when no action has been taken, 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 request
of the Organization. |
GATT Library | mm912gr9861 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : 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/123 and E/PC/T/W/82-124 | https://exhibits.stanford.edu/gatt/catalog/mm912gr9861 | mm912gr9861_90050256.xml | GATT_153 | 1,907 | 13,322 | UNITED NATIONS NATIONS UNIES
RESTRICTED
ECONOMIC CONSEIL E/PC/T/W/123
AND ECONOMIQUE 24 May 1947
SOCIAL COUNCIL ET SOCIAL
SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT
Draft Charter
The Delegation of the United States of America submit
the following proposals for amendment of Chapter IV of the
Draft Charter:
CHAPTER IV
Economic Development and International Investment
Article 9: Importance of Economic Development and International
Investment in Relation to the Purposes of this
Charter.
The Members recognize that the industrial and general economic
development of all countries, and particularly of those countries
or dependent territories (1) In which resources are as yet rela-
tively undeveloped, will improve opportunities for employment,
enhance the productivity of labor, increase the demands for
goods and services, [contribute ultimately to economic stability,] (2)
expand international trade and raise [levels of real income]
(3)
standards of living. [thus strengthening the ties of inter-
(4)
national understanding and accord.] They also recognize
the importance of private and public international capital
movements, into productive investments in promoting and facili-
tating such development.
COMMENT:
(1) This addition has been made in order to recognize that certain
Member countries have responsibilities in dependent areas
which are particularly underdeveloped.
(2) This statement is deleted because it is contentious and of
doubtful validity. E/PC/T/W/123
Page 2
(3) The term "levels of real income" has given rise to difficulties
of interpretation. The suggested substitute is more concrete
and widely understood.
(4) This statement does not add significantly to the substance of
the Chapter and its deletion is, therefore, suggested.
(5) This added sentence states in general terms the importance of
the relation between international investment end economic
development.
Article Il
Plans for Economic Development
1. Members shall cooperate with one another, [and] with the
Economic and Social Council of the United Nations and with
appropriate inter-governmental organization in promoting
industrial and general economic development.
2. The Organization, upon the request of any Member, [shall]
(1) (2)
may advise such Member concerning [its] the latter's
plans for economic development, and [shall] within the
(3)
[competence] powers and resources of the Organization
and on terms to be agreed upon, [provide such Member
with technical assistance] may (1) 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 pro-
curement of appropriate engineering and other technical
(4)
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 encourage-
ment of the industrial and general economic development
of Member countries. E/PC/T/W/123
Page 3
COMMENT:
(1) The word "shall" has been changed to "may" in recognition
of the views expressed by the Economic and Social Council
on March 28 (seeE/PC/T/55) concerning the functions of
ITO regarding economic development. While ECOSOC believed
that the general proposal contained in this Article was
appropriate, it called attention to "the responsibilities
in this field of intergovernmental organizations which are
now, or are qualified to be, specialized agencies under
Article 57 of the United Nations Charter". In order to
avoid conflict with such other specialized agencies, this
function cannot be made mandatory upon ITO but must rather
be permissible.
(2) This change is made in order to avoid ambiguity.
(3) The term "competence" is ambiguous. If it means ability,
it is covered by the term "within its resources" and is,
therefore, redundant. If, however, it means legal orr
onstitutional right, it would be more appropriate to use
he word "power"."
(4) Te term "provide technical assistance" has been widely
understood to mean that ITO proposes to establish
industrial and scientific research laboratories, execute
constructand generally go into the businessto the busines
of providine industrial technology. The suggested change
in wording makes it clear that the function of the of the Organi-
zation than entrepreneurial. than entrepreneuril.
Article 12
Means of Economic Development and their Promotion
ic development is dependent, among other dependent, among ot
supplies of capital funds, materials, capital funds, materials,
equipment [advanced] technology, [workers]
personnel, and managerial skill. (1) Accordingly, Accordingly, the Members
shall impose no unreasonable impediments that would prevent
other Members from obtaining any such facilities for their
(2)
economic development on equitable terms, and shall cooperate
in accordance with Article 11 within the limits of their
power, in providing or arranging for the provision of such
facilities.
COMMENT:
(1) This term has been added in order to indicated that the list
of prerequisitet is not intended to be exhaustive.
(2) This term has bmakeintroduceg to make the obligation in
questson more concrete. E/PC/T/W/123
Page 4
Article 12
NOTE:. Substitute the following for paragraph 2 of Article 12 of
the New York draft of the Charter:
2. In order to stimulate und 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,
(1)
arts and technology which they have supplied.
Each Member shall accord to citizens and legal entities of
other Members treatment no less favourable than it accords to
its own citizens and legal entities with respect to oppor-
tunities 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 excep-
tions are described in a statement filed with the Organization
and published. In any event, such Member shall accord the
citizens and legal entities of each other Member treatment no
less favourable 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
(2)
or occupation.
COMMENT:
(1) These provisions retain the substance of the original New
York text; namely, agreement not to take unreasonable ac-
tion injurious to the interests of foreign nationals in the E/PC/T/W/123
Pagd 5
means of economic development which they have provided. It
adds to the original text: (i) a statement of the purpose
of the paragraph, and (ii) some of the specific items set
forth in subparagraph (c) of Article 61, which reflect the
prerequisites or economic development listed in paragraph 1
of Article 12. Neither of these constitutes a substantive
change.
(2) These sentences are designed to give assurances to inves-
tors which will facilitate international investment and
thus promote economic development.
NOTE: The following is suggested for addition to
Chapter IV immediately following paragraph 2 of
Article 12.
2 A. Any Member may file statement with the Organization, in
addition to statement 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 entities of other Member countries. Such
statement may be amended from to time by the filingby the filing
on of an amended statement. No memberemunt. Mmbor
any requirements, conditions or restrictionss or restricions
t of any citizen or legal entity of anyeog1 entity Of tny
ry which are inconsistent with anyinconsistent withinny
n file with the Organization at theh the Orgnniz tion ntth;
made.thb invc-st twunt wv±s mde.
COMMENT;
This peragraphe mutual interests ofote thi iautu!d1 interests f
cipients of investment capital. Itts of investment cipite.l. t
es, a Member to file with the-s, a Ilember to file with th:
tatement concerning the treatmenttLte::ent conce'ning the treataent
in a particular industry orvest.uent in <: particular industr or
tatement would have theity. Such systement ;culd h-ve the
nt of the uninsurable riskort:nt element oI the unnsur;ÙJ.u ris
vestmently associ ted with foreign investment. E/PC/T/W/123
page 6.
NOTE: The following paragraph is suggested for addition to
Chapter IV immediately following paragraph 3 of
Article 12:
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 end adoption of a general international code
on investment principles.
COMMENT:
This paragraph has been added in view of the proposed
establishment of a Commission on Economic Development and
International Investment. It outlines the general functions
of the Organization as to recommendations, and the formulation
of general investment principles. The Organization has other
specific functions provided in Article 11, paragraph 2;
Article 12, paragraphs 2 and 2 ; and Ariticle 13.
NOTE: Chapters I and VIII require certain additions in
foregoing emendments to Chapter IV. These additions
are indicated in the following paragraphs.
CHAPTER I
PURPOSES
4. To encourage the international flow of capital for
productive investment through measures designed to
assure fair and equitable treatment of the legitimatete
interests of investors.
[4] 5. Toacilitatete the solution of problems in the field
o? intertional l trade, employme, L investmena end
economic development through consuation and colmclabore-
tion among Members.
] 5L6.
MMENTNT:
ehose additions are made for the reason that paragraphs
and nd o ?f Article 12fo? eho dfrat charter are directly E/PC/T/W/123
Page 7.
concerned with the treatment of investors. Moreover,
subparagraph (c) of article 61 specifically includes
among the functions of the Organization the making of
recommendations to Members on this subject.
CHAPTER VIII. ORGANIZATION
Article 61
Functions
In addition to the functions provided for elsewhere in this
Charter, the Organization shell have the following functions:
(a) To collect, analyze and publish information relating
to international trade, including information relating
to commercial policy, business prectices, commodity
problems, [and] industrial and general economic develop-
ment, and international investment.
(b)
(c) To make recommendations for, and promote international
agreement on measures designated to improve the bases
of trade and to assure just and equitable treatment for
the enterprises, skills, capital, arts and technology
brought from one country to another, including agree-
ment on the] including the treatment of foreign
nationals and enterprises, the treatment of commercial
travellers, [of] commercial arbitration and [on] the
eveidance of double texation.on.
MENT:NT:
deletions in paragraphrap (c) are suggestee auocuse the
subjects under referenca heveebeon included in the suggested
additions to Article 12 of Chapter IV.
(d)
(e) E/PC/T/W/123
page 8
Article 72
Establishment
The Conference shall establish a commission on commercial
policy, a commission in business practices, [and] a comodity
commission, a commission on economic development and inter-
national investment, and may establish such other commissions
as may be required. The commissions shall be responsible to
the Executive Board.
Note: The following paragraph is suggested for addition to
Chapter VIII following paragraph 77.
Article 77-
Functions of the Commission on Economic Develop-
ment and International Investment
The Commission on Economic Development and InternationalDnal
stment shall have the following functions:nctins:
conduct studies relating to the promotion of~..-tio. ;f
and economic development and internationald internatinsl
provided for in paragraph 4 of Article eph 4 if Lrtic12.
and make recommendations to the Executive t.` th.c Exccivct
rs falling within the scope of.;ithin the scpe )
arding the exercise of the functions if' the runcti-.n
n, insofar as they relate to industrial rclnte t1 industral
aed ieconomicdevelopon of inter- promotin of inter-
national investment. |
GATT Library | jg158zd3233 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Draft Charter | United Nations Economic and Social Council, June 11, 1947 | United Nations. Economic and Social Council | 11/06/1947 | official documents | E/PC/T/W/185 and E/PC/T/W/177-207 | https://exhibits.stanford.edu/gatt/catalog/jg158zd3233 | jg158zd3233_90050328.xml | GATT_153 | 452 | 2,983 | UNITED NATIONS NATIONS UNIES
ECONOMIC CONSEIL RESTRICTED
AND ECONOMIQUE E/PC/T/W/185
SOCIAL COUNCIL ET SOCIAL 11 June 1947
ORIGINAL: ENGLISH
SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE UNITED
NATIONS CONFERENCE ON TRADE AND EMPLOYMENT
Draft Charter
.
The Delegation of the United States of America submit
the following proposals for amendment, of Article 30 of the
Draft Charter:
SECTION D. SUBSIDIES
Article 30
General undertaking regarding subsidies -- Elimination of
export subsidies -- Exceptions
1.
2. (a) No Member shall grant, directly or indirectly,
any subsidy on the expertation of any product, or establish
or maintain any other system, which results in the sale of
such product for export at a price lower than the comparable
price charged for the like product to buyers in the domestic
market, due allowance being made for differences in the
conditions and terms of sale, for difference in taxation,
and for other differences affecting price comparability,
Provided that this sub-paragraph shall not prevent any Member
from exempting exported products from duties or taxes im-
posed in respect of like products when consumed domestically,
from remitting such duties or taxes which have occrued, or
from using the proceeds of such duties or taxes to make
payments to domestic producers;
COMMENT: The proposed addition is to make quite
clear that the proviso does not exempt
subsidies paid out of the proceeds of
processing taxes from the requirements
of paragraph 1. The New York Drafting
P.T.O. E/PC/T/W/185
page 2
Committee considered this clear and
deleted the reference to paragraph 1
that had been in the proviso. The
proposed revision should remove any
doubt.
(b)
3.
4. (a) In any case of subsidization of a primary com-
modity, if a Member considers that its interests are seriously
prejudiced by the subsidy or if the Member granting the sub-
sidy considers itself unable to comply with the provisions
of paragraph 2 of this Article within the time limit laid
down therein, the Member may have resort to the procedures of
[the difficulty may be determined to be a special diffi-
culty of the kind referred to in] Chapter VII [, and in that
event the procedure laid down in that Chapter shall be fol-
lowed];
COMMENT: The procedure of Chapter VII requires
the determination by a study group or
a commodity conference that there is a
special difficulty.
(b)
5.
6. Any determination required by or appropriate to the
operation of this Article shall be made through [under pro-
cedures established by] the Organization by consultation
among the Members substantially interested in the product
concerned [in accordance with paragraph 4 of Article 66].
COMMENT: The revised paragraph would incorporate
the provisions of Article 66, paragraph
4, thus eliminating the cross reference. |
GATT Library | pz407jm2704 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Draft Charter | United Nations Economic and Social Council, July 4, 1947 | United Nations. Economic and Social Council | 04/07/1947 | official documents | E/PC/T/W/236 and E/PC/T/W/236-260 | https://exhibits.stanford.edu/gatt/catalog/pz407jm2704 | pz407jm2704_90050384.xml | GATT_153 | 2,947 | 20,512 | RESTRICTED UNITED NATIONS NATIONS UNIES RESTRICTED
ECONOMIC CONSEIL E/PC/T/W/236
AND ECONOMIQUE 4 July 1947
SOCIAL COUNCIL ET SOCIAL ORIGINAL : ENGLISH
SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT
Draft Charter
The Delegation of the United States of America submit the
following proposals for amendment of Chapters I and II, together
with suggestions with regard to arrangement of the Articles of
the Charter as a whole, and with regard to the constitution of
a new Chapter to be called "Miscellaneous", which would contain
material applicable to the Charter as a whole but which is not
strictly concerned with organizational matters:
Chapter I Purposes
It is suggested that Article 1 be amended to read as
follows:
Article 1. General Purposes.
In pursuance of the determination of the United Nations
to create conditions of economic and social progress essential
to world peace, the States party to this Charter hereby under-
take to promote national and international action for the
fulfilment of the following purposes:
1. To raise standards of living, assure a large
and steadily growing volume of real income and effective
demand, and contribute to a balanced and expanding world
economy, through measures designed to provide full
employment and increase the production, exchange and
consumptinn of goods.
2. To develop the economic resources of the world
by encouraging the international flow of capital for
.
. E/PC/T/W/236
page 2
productive investment and otherwise assisting the
industrial and general economic development of all
countries, particularly of those still in the early
stages of industrial development.
3. To further the enjoyment, by all countries,
on equal terms, of access to the markets, products and
productive facilities which are needed for their
economic prosperity and development.
4. To reduce tariffs and other barriers to trade,
to eliminate all forms of discriminatory treatment in
international commerce, and to enable all countries, by
thus increasing the opportunities for their trade on a
mutually advantageous basis, to avoid recourse to measures
which disrupt world commerce, reduce productive employment
or retard economic development.
5. To facilitate the solution of problems relating
to international trade, including problems of employment,
economic development, international investment, commercial
policy, business practices, and commodity policy, through
consultation and collaboration among Members.
In order to effectuate these purposes, the States pledge
themselves to accept the obligations that are set forth in this
Charter and they hereby establish an International Trade
Organization through which Members will cooperate to this end.
Chapter Il Membership
Article 2 (Membership)
It is suggested that the word "countries" in paragraph
1 and 2 be change to read "states", in conformity with the
provisions of the U.N. Charter with the constitutions of most E/PC/T/W/236
page 3
of the other specialized agencies and with Article 1 of this
Charter.
Paragraph 2 (New Members).
It is suggested that there be added to paragraph 2 of this
Article the additional clause:
and any amendment thereto which shall have become effective
as of the time of such acceptance.
COMMENT: Although Article 85 contemplates the possibility
that Members may fail to accept all amendments
and still remain within the Organization, it
does not seem desirable to permit new Members to
pick and choose the amendments which they will
accept.
Proposed Rearrangement of Material in Charter
Since proposals with respect to Chapters I and II are,
under the present schedule, the last proposals on matters of
substance due to be submitted to the Preparatory Committee, the
United States Delegation feels that it is now appropriate to
suggest, in connection with the submission of these proposals,
a new arrangement for the material contained in the Charter as
a whole.
The attached outline is based, in most causes, upon changes
already agreed in various Commissions and Sub-Commissions, and
the titles of the particles are taken from the latest documents
available with respect to the Articles involved. The document
involved is indicated in each case. Whenever changes are based
upon proposaIs of any delegation which have not yet been generally
agreed this is indicated.
In addition to the changes already agreed as stated above,
the major changes are as follows:
1. Article 2 of the New York Draft is moved up into the E/PC/T/W/236
page 4
Chapter on Organization and Functions. It is felt that member-
ship is a fundamentally organizational question, and that any
person attempting to look up membership in the Charter would
normally look under the heading of Organization. This eliminates
old Chapter Il and causes consequential renumbering throughout.
Article 1 is reworded to cover the necessary formal provision.
2. A new final Chapter is suggested containing material
applicable to the Charter as a whole which is not strictly
concerned with Organization or Functions. The source of the
material for this Chapter is indicated.
3. Two new Articles are suggested for the new final
Chapter. These are attached as Annexes A and B. They deal with
the generalized security exceptions and with an over-all review
of the Charter within ten years, in a manner similar to that
provides in Article 109 of the United Nations Charter. The
substance of both these new Articles is largely covered by
material already in the Charter.
4. As indicated in connection with proposed Article 93
on Non-Members, the United States plans to submit a proposal
for a special protocol, to be attached to the Charter, and also
to the General Agreement on Tariffs and Trade concerning relations
with Germany, Japan and Korea.
5. Articles 14, 15 and 24 of the New York Draft are
assembled as being related matters.
6. Article 33 of the New York Draft is removed.
7. Sections F, H and I of the New York Draft are
assembled as miscellaneous provisions affecting Chapter IV,
(present Chapter V). E/PC/T/W/236
page 5
OUTLINE
U.S. Proposal
CHAPTER I. PURPOSES
Article 1.
General purposes
New York Draft
SAME
Same
CHAPTER II.
Article 2.
Article 3.
Article 4.
Article 5.
Article 6.
EMPLOYMENT AND
ECONOMIC ACTIVITY 1/
Importance of Employ-
ment, Production and
Demand in Relation
to the Purposes of
this Charter
Maintenance of Domes-
tic Employment
Fair Labor Standards
Removal of Maladjust-
ments within the
Balance of Payments
Exchange of Informa-
tion and Consultation
CHAPTER III.
Article 3.
Article 4.
Article 5.
Article 6.
Article 8.
EMPLOYMENT, EFFECTIVE
DEMAND AND ECONOMIC
ACTIVITY
Importance of Employ-
ment in Relation to
the Purposes of this
Charter
Same
Same
The removal of Malad-
justments in the
Balance of Payments
Consultation and Ex-
change of Informa-
tion on Matters Re-
lating to Employment
Article 7.
CHAPTER III.
Safeguards for Members
Subject to External
Deflationary Pressure
ECONOMIC DEVELOPMENT
AND INTERNATIONAL
INVESTMENT 2/
Article 7.
Same
CHAPTER IV. ECONOMIC DEVELOPMENT
Article 8.
Article 9.
Importance of Econo-
mic Development and
International Invest-
ment in Relation to
the Purposes of this
Charter
Development of Domes-
tic Resources and
Productivity
Article 9.
Article 10.
Importance of Econo-
mic Development in
Relation to the Pur-
poses of this
Charter
Same
Article 10.
Plans for Economic
Development
Article 11.
Article 11. Means of Economic
Development and
their Promotion
Article 12.
Means of Economic
Development
1/ Titles of Articles for this Chapter taken from draft in E/PC/T/95.
2/ Titles of Articles for this Chapter taken from U.S. proposal,
E/PC/T/W/123.
Same E/PC/T/W/236
page 6
U.S. Proposal
Article 12. Governmental Assis-
tance to Economic/
Development
CHARTER IV. COMMERCIAL POLICY
Section A. Tariffs, Preferences,
and Internal Taxation
and Regulation
New York Draft
Article 13. Same
CHAPTER V. GENERAL COMMERCIAL
POLICY
Section A. General Commercial Pro-
visions, Most-Favored-
Nation Treatment
(part) and
Section B. Tariffs and Tariff
Preferences
Article 13.
Article 14.
Article 15.
General Most-
Favored-Nation
Treatment
Reduction of Tariffs
and Elimination of
Preferences
National Treatment
on Internal Taxation
and Regulation
Article 14.
Article 24.
Article 15.
Section B. Quantitative Restric-
tions and Exchange
Controls
Section C. Same
Article 16.
Article 17.
Article 18.
Article 19.
Article 20.
General Elimination
of Quantitative
Restrictions
Restrictions to Safe-
guard the Balance
of Payments
Non-Discriminatory
Administration of
Quantitative
Restrictions
Exceptions to the
Rule of Non-
Discrimination
Exchange Arrangements
Article 25.
Article 26.
Article 27.
Article 28.
Article 29.
Section C. Subsidies 1/
Article 21. Subsidies in General
Section D. Same
Article 30. General undertaking
Regarding Subsid-
ies--Elimination
of export subsid-
ies--Exceptions
(para. 1)
1/ Titles Taken from M.142/47, 30 June 1947.
Same
Same
Same
Same
Same
Same
Same E/PC/T/W/236
page 7
U.S. Proposal
Article 22. Additional Provisions
on Export Subsidies
Article 23. Special Treatment of
Primary Commodities
Article 24. Procedure
Section D. State Trading 1/
Article 25. Most-Favored-Nation
Treatment by State
Trading Enterprises
New York Draft
Article 30. (paras. 2 and 5)
Article 30. (paras. 3 and 4)
Article 30. (para. 6)
Section E. Same
Article 31. Non-Discriminatory
Administration of
State Trading
Enterprises
Article 26.
Expansion of Inter-
national Trade by
Members Having
State Monopolies
Article 32.
Expansion of Trade
by State Monopolies
of Individual Pro-
ducts
Suppressed
Article 33. Expansion of Trade
by Complete State
Monopolies of
Import Trade
Section E.
Article 27.
Article 28.
Article 29.
Article 30.
Article 31.
Article 32.
Article 33.
Article 34.
General Commercial
Provisions
Conditions with Res-
pect to Shipments 2/
Freedom of Transit
Anti-Dumping and
Countervailing
Duties
Tariff Valuation
Customs Formalities
Marks of Origin
Publication and Ad-
ministration of
Trade Regulations,
Advance Notice of
Restrictive Regula-
tions
Information Statis-
tics and Trade
Terminology
Section A. General Commercial Pro-
visions, Most-Favored-
Nation Treatment
(part)
New
Article 16.
article
17.
Article 18.
Article 19.
Article 20.
Article 21.
Article 22.
Same
Same
Same
Same
Same
Same
Same
Article 35.
Boycotts
Article 23.
suggested as
1/ Titles taken from E/PC/T/W/195.
2/ See E/PC/T/W/150, page 10, when this Article is
Article 15 A by the U.S. Delegation.
Same E/PC/T/W/236
page 8
U.S. Proposal
Section F. Special Provisions
Article 36.
Article 37.
Article 38.
Article 39.
Emergency Action
on Imports of
Particular Products
Consultation Re-
garding, Operation
of Chapter IV
Territorial Applica-
tion of Chapter IV-
Frontier Traffic-
Customs Unions
General Exceptions
to Chapter IV
CHAPTER V. RESTRICTIVE BUSINESS
PRACTICES 1/
New York Draft
Section F. Emergency Provisions--
Consultation
Article 34. Same
Article 35. Consultation-
Nullification or
Impairment
(para.1)
Section I. Territorial Applica-
Article 38. Territorial Appli-
cation of Chapter
V-Frontier
Traffic-Customs
Union
Section H. General Exceptions
Article 37. General Exceptions
to Chapter V
CHAPTER VI. Same
Article 40.
Policy Towards
Restrictive Busi-
ness Practices
Article 39.
Article 41.
Procedure with Res-
pect to Investiga-
tions and Consulta-
tions
Article 40.
Procedure with
Respect to Com-
plaints and
Conferences
Article 42.
Studies Relating to
Restrictive Business
Practices
Article 41.
Article 43.
Article 42.
Obligation of
Members
Article 44.
Article 45.
Suplementary Enforce-
ment Arrangements
Continued Effective-
ness of Domestic
Measures Against
Restrictive Business
Practices
Article 45.
Article 44.
Article 46.
Procedure with Res-
pect to Services
Exceptions to Provi-
sions of this Chapter
Same.
Same
Same
Same
New
1/ Titles taken from E/PC/T/112
Obligations of Members
Article 47.
Article 45. Same E/PC/T/W/236
page 9
U.S. Proposal
CHAPTER VI. INTERGOVERNMENTAL
COMMODITY ARRANGE-
MENTS 1/
New York Draft
CHAPTER VII Same
Section A. General Considerations
Article 48. Difficulties Relating to
Primary Commodities
Article 49. Prirmary and Related
Commodities
Article 50. Objectives of Intergov-
ernmental Commodity
Agreements
Section B.
Intergovernmental Commodity
Agreements in General
Article 51. Special Commodity Studies
Article 52. Commodity Conferences
Article 53. General Principles of
Intergovernmental Com-
modity Agreements
Article 54. Types of Agreements
Section C. Intergovernmental Commodity
Control Agreements
Section A. Intergovernmental Com-
modity Arrangements
in General
Article 46. Sumo
Article 60. Paragraph 1
Definitions
Article 47. Objectives of Inter-
governmental Com-
modity Arrangements
(Continuation of Section A)
Article 48. Same
Article 49. Same
Article 51. General Principles
of Intergovern-
mental Commodity
Article 58. Arrangements and
general under taking
by Members
Article 60. Definitions (Para.3)
and New Material
Section B. Intergovernmental
Commodity Arrange-
ments Involving the
Regulation of Pro-
duction, Trade or
Prices
Article 55. Circumstances Governing
the Use of Commodity
Control Agreements
Article 56. Additional Principles
Governing Commodity
Control Agreements
Article 57. Administration of
Commodity Control
Agreements
Article 52.
Article 53.
Article 54.
Circumstances
Governing the Use
of Regulatory
Agreements
Additional
Principles
Governing Regula-
tory Agreements
Administration of
Regulatory Agree-
ments
Provision for Initial
Terms, Review and Re-
newal of Commodity
Control Agreements
Article 59. Settlement of Disputes
Article 55. Provision for
Initial Terms, Re-
view and Renewal
of Regulatory
Agreements
Article 56. Same
1/ Titles/taken from E/PC/T/W/228 of June 27, as tentatively
amended by E/PC/T/115 of July 3.
June 27, as tentatively
CHAPTER VI.
Article 58. E/PC/T/W/236
page 10
U.S. Proposal
New York Draft
Section D. Miscellaneous Provisions Section C. Same.
Article 60
Relations with Inter-
governmental Organ-
izations
Article 50.
Article 61.
Obligations of Members
Regarding Existing and
Proposed Commodity
Agreements
Article 57.
Obligations of Mem-
bers Regarding
Existing and Pro-
posed Commodity
Arrangents
Article 62. Territorial Application Article 60.
Paragraph 2
Definitions
Article 63. Exceptions to Provisions
Relating to Intergovern-
mental Commodity
Agreements
Article 59.
Exceptions to
Provisions Re-
lating to Inter-
governmental Com-
modity Arrange-
ments
CHAPTER VII. ORGANIZATION AND FUNCTIONS
Section A. Membership
Article 64. Membership
Section B. Functions and Structure
Article 65. Functions
Article 66. Structure
Section C. The Conference
Article 67. Membership
Article 68. Voting
Article 69. Session, procedure and
officers.
Article 70. Powers and duties
Section D. The Executive Board
Article 71. Membership
Article 72. Voting
Article 73. Sessions, procedure and
officers.
CHAPTER VIII. ORGANIZATION
Chapter II
Article 2. Same
Section A. Functions and
Structure of
the Organization
Article 61. Same
Article 62. Same
Section B. Same
Article 63. Same
Article 64. Same
Article 65. Same
Article 66. Same
Section D. Executive Board
Article 68. Same
Article 69. Same
Article 70. Same
Article 74. Powers and duties
Article 71. Same U. S.
Section E.
Article 75.
Article 76.
Article
Article
77.
78.
Article 79.
Article 80.
Article 81.
Section F.
Article 82.
Section G.
Article 83.
Article 84.
Article 85.
Section H.
Article 86.
Article 87.
Article 88.
Article 89.
Proposal
The Commission
Establishment
Composition and
procedure.
General functions
Functions of the
Commission on Economic
Development and Inter-
national Investment
Functions of the
Commission on Commercial
Policy
Functions of the
Commission Business
Practices
Functions of the
Commodity Commission
The Tariff Committee
Tariff Cormmittee
The Secretariat
Composition
Director General
Employment of Staff
Other Organizational
Provisions
Relations with other
Organizations
International responsi-
bilities of personnel
of Organization
International Legal
Status of Organization
Status of the Organiza-
tion in the territory
of Members
Contributions
E/PC/T/W/236
page 11.
New York Draft.
Section E. Commissions
Article 72. Same
Article 73. Same
Article 74. Same
New (see E/PC/T/W/123,
p.8)
Article 75. Same
Article 77. Same
Article 77. Same
Section C. Tariff Committee
Article 67. Same
Section E. Same
Article 78. Same
Article 79. The Director
General
article 80. Same
Section G. Miscellaneous
Provisions
Article 81. Same
Article 82. Same
Article 83. Same
Article 84. Same
Article 87. Same
Article 90. E/PC/T/W/236
page 12.
MISCELLANEOUS
Nullification or
Impairment 1
Article 92. Disputes 1/
Article 93. Relations with Non-
Members 2/
Article 94. General Exceptions 3/
Article 95. Amendments
Article
Article
96.
94.
Review of Charter 4/
General Exceptions 5/
Article 95. Amendments
Article 96.
Review of Charter
New York Draft
NEW
Article 35, para.2,
Consultation-
Nullification
or impairment
Article 86. Interpretation
and settlement
of disputes
Article 36. Contractual
relations with
non-Members.
Treatment of the
trade of non-
Members
Article 37, sub-para.c,d,e,
and k. General
Exceptions to
Chapter V,
Article 59, sub-para.c.
Article 42, para.2, sub-
para c(i)
Article 85. Amendments tc
the Charter
New
Article 37, sub-para.c, d,
g,k, General
Exceptions to
Chapter V
Article 85. Amendments to
the Charter
New 6/
Article 97. Withdrawal and Termination
Article 98.
Registration and Entry
into Force
Article 89, same plus new
para. suggested
by U.S. in
E/PC/T/W/210 -
Rev.1, p.32
Article 88, Entry into Force,
plus Secretariat
suggestion on
Registration, plus
material on language
in Article 86, para. 1
(as suggested by UK in
E/PC/T/W/210 -
Rev. 1, page 28)
1/ It may bo decided to merge these two articles.
2/ U.S. Delegation plans to submit a protocol concerning relations
with Germany, Japan and Korea, to be annexed to the Charter.
3/ See Annex A for draft.
See draft article in Annex B.
5/ See Annex A for draft.
See draft article in Annex B.
U. S. Proposal
CHAPTER VIII.
Article 91. E/PC/T/W/236
page 13
ANNEX A
Suggested new Article covering national security
exceptions taken from Articles 37 and 59 of New York Draft plus
Article 42, 3,(a) of the new draft on Business Practices
(E/PC/T/112, page5)
ARTICLE 94.
General Exceptions.
Nothing in this Charter shall be construed to require any
Member to furnish any information the disclosure of which it
considers contrary to its essential security interests, or to
prevent any Member from taking any action which it may consider
to be necessary to such interests:
a) Relating to fissionable materials or their source
materials;
b) Relating to the traffic in arms, ammunition and imple-
ments of war and to such traffic in other goods and materials as
is carried on for the purpose of supplying a military establish-
ment;
c) In time of war or other emergency in international
relations, relating to the protection of its essential security
interests;
d) Undertaken in pursuance of obligations under the
United Nations Charter for the maintenance of international
peace and security. E/PC/T/W/236
page 14
ANNEX B
Suggested draft of New Article 96 to go into new
Miscellaneous Chapter of Charter and providing for a full
review of all the provisions of the Charter in the light of
operating experience.
ARTICLE 96
Review of Charter
The Conference shall convene a Special Session for the
purpose of reviewing the provisions of this Charter before the
end of the tenth year after this Charter shall have entered
into force. |
GATT Library | sy679kn4009 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Draft Charter | United Nations Economic and Social Council, May 19, 1947 | United Nations. Economic and Social Council | 19/05/1947 | official documents | E/PC/T/W/96 and E/PC/T/W/82-124 | https://exhibits.stanford.edu/gatt/catalog/sy679kn4009 | sy679kn4009_90050228.xml | GATT_153 | 174 | 1,237 | UNITED NATIONS NATIONS UNIES
ECONOMIC CONSEIL RESTRICTED
AND ECONOMIQUE E/PC/T/W/96
SOCIAL COUNCIL ET SOCIAL 19 May 1947
SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT.
DRAFT CHARTER
The following are amendments submitted by the New
Zealand Delegation, to Chapters 3 and 4 of the Draft
Charter:-
ARTICLE 3:
Last four lines of paragraph 1 to read:-
"alone, but is a necessary condition for the
realization of the purposes of this Chartor,
for the wellbeing of all countries, and for
the expansion of International Trade".
First two lines of paragraph 2 to read:-
"Members agree that, while the achievement
and maintenance of high and steadily rising
levels of effective demand end".....
ARTICLE 4:
"High and stable levels" in third line of para.1
to be replaced by:-
"high and steadily rising levels".
ARTICLE 5:
Delete words "for export and generally" in the
last two lines of the Article.
ARTICLE 12:
Delete "or with the authorization of a Member
any affected business entity or person within
that Member's jurisdiction".
. |
GATT Library | qq035kc7549 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Draft Charter. Ad hoo Sub-Committee on Paragraph 7, Article 20 | United Nations Economic and Social Council, May 14, 1947 | United Nations. Economic and Social Council | 14/05/1947 | official documents | E/PC/T/W.80 and E/PC/T/W/23-81 | https://exhibits.stanford.edu/gatt/catalog/qq035kc7549 | qq035kc7549_90050211.xml | GATT_153 | 193 | 1,372 | UNITED NATIONS NATIONS UNIES
ECONOMIC CONSEIL RESTRICTED
AND ECONOMIQUE E/PC/T/W 80
SOCIAL COUNCIL ET SOCIAL 14 May, 1947.
SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT.
Draft Charter
Ad hoo Sub-Committee on Paragraph 7, Article 20.
Chairman Mr. R.J. Shackle
Members - Australia, Belgium, Cuba, Czechoslovakia,
France, Union of South Africa, United
Kingdom.
Article 20. paragraph 7
Text approved by the ad hoc Sub-Committee :
The Members shall co-operate with each other and
throughI the Organisation with a view to preventing the
use of trade names in such a manner as to misrepresent
the true origin of a product, to the detriment of the
distinctive regional or geographical names of products
of a Member country, which are protected by the legisla-
tion of such country.
Each Member shall accord full and sympathetic
consideration to such requests or representations as
may be made by any other Member regarding the applica-
tion of the undertaking set forth in the preceding
sentence to names of products which have been communicated
to it by the other Member.
The Organisation may recommend a conference of
interested Members on this subject.
. |
GATT Library | hy379nj6307 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Draft Charter. Amendment propesed by the Chinese Delegation | United Nations Economic and Social Council, May 14, 1947 | United Nations. Economic and Social Council | 14/05/1947 | official documents | E/PC/T/W.77 and E/PC/T/W/23-81 | https://exhibits.stanford.edu/gatt/catalog/hy379nj6307 | hy379nj6307_90050208.xml | GATT_153 | 196 | 1,408 | RESTRICTED
UNITES NATIONS ECONOMIC NATIONS UNIES CONSEIL E/PC/T/W.77
AND ECONOMIQUE 14 May 1947
SOCIAL COUNCIL ET SOCIAL
SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIOlNS CONFERENCE ON TRADE AND EMPLOYMENT.
DRAFT CHARTER
AMENDMENT PROPESED BY THE CHINESE DELEGATION.
Article 19, paragraph
This paragraph should be amended as follows: "No penalty
greater then is necessary to serve as a warning shall be
imposed by any Member for minor breaches of customs procedure
and regulations, such as omission or mistake in customs
documentation: which is obviously made without fraudulent intent
or gross negligence and is easily rectifiable."
DEUXIEME SESSION DE LA. COMMISSION PREPARATOIRE DE LA CONFERENCE
DU COMMERCE ET DE LEMPLOI DE L'ORGANISATION DES NATIONS UNIES.
PROJET DE CHARTE
AMENDEMENT PROPOSE PAR LA DELAGTION DE LA CHINE.
Article 19, paragraphe 3:-
Modifier ce paragraphe come suit; "Les Membres n'imposeront
pas de pénalités d'un montant supérieur à celui d'une pénalité im-
Posée a titre d'avertissement à l'occasion d'infractions légères aux
règlements et formalités douanières, telles que des omissions ou
erreurs dans les documents douaniers qui ne sont manifestement pas
dues à une intention frauduleuse ou à une grave negligence et qu'il
serait facile de reparer".
.
. |
GATT Library | vc847kf4419 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Draft Charter. Amendment proposed by Indian Delegation | United Nations Economic and Social Council, May 14, 1947 | United Nations. Economic and Social Council | 14/05/1947 | official documents | E/PC/T/W.81 and E/PC/T/W/23-81 | https://exhibits.stanford.edu/gatt/catalog/vc847kf4419 | vc847kf4419_90050212.xml | GATT_153 | 132 | 870 | UNITED NATIONS
ECONOMIC
AND
SOCIAL COUNCIL NATIONS UNIES
CONSEIL
ECONOMIQUE
ET SOCIAL RESTRICTED
E/PC/T/W . 81
14 May 1947
SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT
DRAFT CHARTER
AMENDMENT PROPOSED BY INDIAN DELEGATION
CHAPTER V
Article 30, Sub-paragraph (b) of paragraph 2 -
For the words "three years" occurring in the first sentence
of this sub-paragraph substitute the words "one year ".
SECONDE SESSION DE LA COMMISSION PREPARATOIRE
DE LA CONFERENCE DU COMMERCE ET DE L'EMPLOI
DE L'ORGANISATION DES NATIONS UNIES
PROJET DE CHARTE
AMENDEMENT PROPOSE PAR LA DELEGATION DE L' INDE
CHAPITRE V
Article 30. alinéa (b) du paragraphe 2 -
Dans la premiere phrase de cet alinéa, remplacer les mots
"trois ans" par les mots " un an ".
.
ATIONS UNIES |
GATT Library | qg263qy6791 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Draft Charter. Amendment proposed by the Belgo-Luxemburg Delegation on Article 1 | United Nations Economic and Social Council, June 6, 1947 | United Nations. Economic and Social Council | 06/06/1947 | official documents | E/PC/T/W/176 and E/PC/T/W/151-176 | https://exhibits.stanford.edu/gatt/catalog/qg263qy6791 | qg263qy6791_90050315.xml | GATT_153 | 204 | 1,476 | UNITED NATIONS NATIONS UNIES
ECONOMIC CONSEIL ` E/PC/T/W/176
AND ECONOMIQUE 6 June 1947
SOCIAL COUNCIL ET SOCIAL ORIGINAL: ENGLISH/FRENCH
SECOND SESSION OF THE PREPARATORY CONMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT.
Draft Charter
Amendment proposed by the Belgo-Luxemburg Delegation
on Article 1.
Article 1.
General Purposes.
1. In pursuance of the determination of the United Nations
to create conditions of economic and social progress
essential to world peace, the States party to this
Charter hereby establish an International Trado Organi-
sation as an agency through which they will [work for the
fulfilment of the purposes set out hereunder: 1. To]
promote national and international action [ :: (a)]
designed to realize the objectives set forth in the
Charter of the United Nations and particularly in Article
55 (a) thereof, namely, higher standards of living, full
employment, and conditions of economic and social progress
and development.
2. For the furtherance of these purposes the Organization
will seek:
a) to promote the long term expansion of the production
exchange and consumption of goods, for the
international commerce;
b) to avoid world economy;
c) to further and development;
d) to encourage industrial development;
e) to facilitate among Members;
f) to enable Members economic progress. |
GATT Library | pw816bx7328 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Draft Charter. Amendment proposed by the Chinese Deleegation | United Nations Economic and Social Council, May 14, 1947 | United Nations. Economic and Social Council | 14/05/1947 | official documents | E/PC/T/W.74 and E/PC/T/W/23-81 | https://exhibits.stanford.edu/gatt/catalog/pw816bx7328 | pw816bx7328_90050205.xml | GATT_153 | 109 | 731 | UNITED NATIONS
ECONOMIC
AND
SOCIAL COUNCIL
NATIONS UNIES CONSEIL
ECONOMIQUE
ET SOCIAL
RESTRICTED
E/PC/T/W.74
14 May 1947
SECOND SESSION OF THE PREPARATORY COMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT.
DRAFT CHARTER
AMENDMENT PROPOSED BY THE CHINESE DELEEGATION
Article 27, Paragraph 4:-
The words "or under paragraph 2(e) of Article 25" in
the first-sentence should be deleted.
DEUXIEME SESSION DE LA COMMISSION PREPARATOIRF DE LA
CONFERENCE DU COMMERCE ET DE L'EMPLOI DE L'ORGANISATION
DES NATIONS UNIES
PROJET DE CHARTE
AMENDEMENT PROPOSE PAR LA DELEGATION DE LA CHINE.
Article 27, paragraphe 4: -
3ème ligne, supprimer les mots "ou à l'alinea 2 (e) de
l'article 25."
.TIONS' UNIES |
GATT Library | dn196qr0267 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Draft Charter. Amendment proposed by the Chinese Delegation | United Nations Economic and Social Council, May 14, 1947 | United Nations. Economic and Social Council | 14/05/1947 | official documents | E/PC/T/W.70 and E/PC/T/W/23-81 | https://exhibits.stanford.edu/gatt/catalog/dn196qr0267 | dn196qr0267_90050201.xml | GATT_153 | 199 | 1,479 | UNITED NATIONS NATIONS UNIES
ECONOMIC CONSEIL
AND ECONOMIQUE RESTRICTED
SOCIAL COUNCIL ET SOCIAL E/PC/T/W.70
14 May 1947.
SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT.
DRAFT CHARTER
AMENDMENT PROPOSED BY THE CHINESE DELEGATION
Article 31, paragraph3 :
This paragraph should be amended as follows: "This
Article shall apply to any enterprise, organ or agency in
which there is effective control by a Member government or
over whose trading operations a Member government is, under
the arrangements providing or the special or exclusive
privileges granted to the enterprise legally entitled to
exercise effective control."
SECONDE SESSION DE LA COMMISSION PREPARATOIRE DE LA
CONFERENCE DU COMMERCE ET DE L'EMPLOI DE L'ORGANISTION DES
NATIONS UNIES.
Project de Charte.
AMENDEMENT PROPOSE PAR LA DELECATION DE LA CHINE.
Article 31,paragraphe 3:
Ce paragraphe devrait être modifié comme suit :" Le
présent article s'applique à toute entreprise organisme ou
institution place sous le controle effectif du Gouvernement
d'un Etat membre ou sur les operations commercials de laquel-
le le Gouvernement d'un Etat membre est légalement autorisé à
exercer un contrôle effeotif, o vertu des dispositions stipu-
lant les privilèges soélaux ou exclusifs accordés à L'entre-
prise
.TIONS UNIES |
GATT Library | gk568xf3774 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Draft Charter. Amendment proposed by the Chinese Delegation | United Nations Economic and Social Council, May 14, 1947 | United Nations. Economic and Social Council | 14/05/1947 | official documents | E/PC/T/W.75 and E/PC/T/W/23-81 | https://exhibits.stanford.edu/gatt/catalog/gk568xf3774 | gk568xf3774_90050206.xml | GATT_153 | 300 | 2,070 | UNITED NATIONS ECONOMIC NATIONS UNIES CONSEIL RESTRICTD E/PC/T/W.75. 14 May, 1947.
AND ECONOMIQUE
SOCIAL COUNCIL ET SOCIAL
SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT.
DRAFT CHARTER
AMENDMENT PROPOSED BY THE CHINESE DELEGATION
Article 25, paragraph 2(e)
The first sentence of this Sub-Paragraph should be amended
as follows:- "Import restrictions on any agricultural, or
fisheries product imported in any form necessary to the enforce-
ment of governmental measures which operate (i) to regulate the
quantities of the like domestic product permitted to be marketed
or produced, or stabilise the prices of such products, or (ii) to
remove a temporary surplus .... below the current market level."
The last three sentences of this Sub-Paragraph beginning
with "Moreover, any restrictions applied under (i) above" and
ending with which wish to initiate such consultations" should
be deleted.
SECONDE SESSION DE LA COMMISSION PREPARATOIRE DE LA
CONFERENCE DU CONFERENCE ET DE L'EMPLOI DE L'ORGANISATION
DES NATIONS UNIES
PROJET DE CHARTE
Amendement propose par la Délégation de la Chine
Article 25, Paragraphe 2. alinéa (e).
Modifier comme suit la premiére phrase de cot alinéa:
"Restrictions à l'importation de tout produit agricole ou produit
des pêcheries quelle que soit la forme sous laquelle ces produits
sont importés, quand elles sont nécessaires a l'application de
mesures governementales ayant pour effet : 1) de réglomenter
les quantités du produit national similaire qui pouvent être
mises en vented ou produites, ou de stabiliser les prix de ces
products ou ii) de résorber un excédent temporaire.......
inféreurs aux cours pratiqués sur le marché."
Supprimer les trois dernières phrases de cet alinéa,
commençant par : " De plus, les restrictions appliques confor-
mément à 1) ci-dessus" et finissant par : "qui désirent engager
des consultations de ce genre" devraient etre supprimées.
.
.
. |
GATT Library | zz596yr4650 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Draft Charter. Amendment proposed by the Chinese Delegation | United Nations Economic and Social Council, May 14, 1947 | United Nations. Economic and Social Council | 14/05/1947 | official documents | E/PC/T/W.76 and E/PC/T/W/23-81 | https://exhibits.stanford.edu/gatt/catalog/zz596yr4650 | zz596yr4650_90050207.xml | GATT_153 | 0 | 0 | |
GATT Library | cb384wt6934 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Draft Charter. Amendment proposed by the Chinese Delegation | United Nations Economic and Social Council, May 14, 1947 | United Nations. Economic and Social Council | 14/05/1947 | official documents | E/PC/T/W.73 and E/PC/T/W/23-81 | https://exhibits.stanford.edu/gatt/catalog/cb384wt6934 | cb384wt6934_90050204.xml | GATT_153 | 218 | 1,542 | UNITED NATIONS NATIONS UNIES
ECONOMIC CONSEIL
AND ECONOMIQUE RESTRICTED
SOCIAL COUNCIL ET SOCIAL E/PC/T/W.73
14 May 1947.
SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT.
DRAFT CHARTER
Amendment proposed by the Chinese Delegation.
Article 26
Paragraph 2(c) : should be deleted.
Paragraph 3(a) : The first sentence should be amended
as follows : "Any member which is not applying restrictions
under Paragraphs 1 and 2 of this Article but finds itself in
need of instituting such restrictions shall, immediately
following upon their institution, consult with the Organiza-
tion as to ....... on the economies of other members."
Paragraph 3(a) : The last sentence should be deleted.
SECONDE SESSION DE LA COMMISSION PREPARATOIRE DE LA
CONFERENCE DU CONFERENCE ET DE L'EMPLOI DE L'ORGANISATION
DES NATIONS UNISE
PROJET DE CHARTE
Amendement propose par la Délégation de la Chine
Article 26: -
Paragraphe 2 alinéa (c): Supprimer cet alinéa.
Paragraphe 3 alinéa (a): Modifier comme suit la première
phrase :"Tout Membre qui n'applique pas de restrictions en vertu
des paragraphes 1 et 2 du present article, mais qui se trouve
dans la nécessité d'instituer do telles restrictions, dovra,
immédiatement après les avoir instituées, so consulter avec
l'Oranisation au sujet de ........sur l'économic des autres
Membres."
et supprimer la dernière phrase de l'alinéa.
.TIONS UNIES |
GATT Library | bq787hb3403 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Draft Charter. Amendment proposed by the Chinese Delegation | United Nations Economic and Social Council, May 14, 1947 | United Nations. Economic and Social Council | 14/05/1947 | official documents | E/PC/T/W.69 and E/PC/T/W/23-81 | https://exhibits.stanford.edu/gatt/catalog/bq787hb3403 | bq787hb3403_90050200.xml | GATT_153 | 143 | 981 | UNITED NATIONS
ECONOMIC
AND
SOCIAL COUNCIL NATIONS UNIES
CONSEIL
ECONOMIQUE
ET SOCIAL
RESTRICTED
E/PC/T/W.69
14 May 1947
SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT.
DRAFT CHARTER
AMENDMENT PROPOSED BY THE CHINESE DELEGATION
Article 32, paragraph 1; first sentence:-
The words "to limit or reduce the protection afforded
through the operation of the monopoly to domestic users of
the monopolised product or", in lines 13, 14, 15 and 16, should
be deleted.
SECONDE SESSION DE LA COMMISSION PREPARATOIRE DE LA
CONFERENCE DU COMMERCE ET DE L'EMPLOI DE L'ORGANISATION DES
NATIONS UNIES .
Projet de Charte.
AMENDEMENT PROPOSE PAR LA DELEGATION DE LA CHINE
Article 32: Paragraphe 1 (a) :-
Supprimer les mots " destinées à limiter ou réduire la
protection accordée aux consommateurs nationaux du produit
monopolisé par le fonctionnement du monopole, ou ".
.ATIONS' UNIES |
GATT Library | tx589bv6898 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Draft Charter. Amendment proposed by the Chinese Delegation | United Nations Economic and Social Council, May 14, 1947 | United Nations. Economic and Social Council | 14/05/1947 | official documents | E/PC/T/W.76 and E/PC/T/W/23-81 | https://exhibits.stanford.edu/gatt/catalog/tx589bv6898 | tx589bv6898_90050207.xml | GATT_153 | 188 | 1,342 | UNITED NATIONS NATIOS UNIES RESTRICTED
ECONOMIC CONSEIL E/PC/T/W.76
AND ECONOMIQUE 14 May 1947
SOCIAL COUNCIL ET SOCIAL
SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT.
Draft Charter
Amendment proposed by the Chinese Delegation.
Article 24, paragraph 33:
The second sentence of this paragraph should be amended
as follows: "If the Organisation, 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".
DEUXIEME SESSION DE LA COMMISSION PREPARATOIRE DE LA
CONFERENCE DU COMMERCE ET DE L'EMPLOI DE L'ORGAMISATION
DES NATIONS UNIES
Projet de Charte
Amendement, propose par la Délégation de la Chine.
Article 24. Paragraph 3:
Modifier la deuxième phrase de ce paragraphe comme suit:
"Si l'Organisation constate, eu égard aux dispositions de l'en-
samble de la Charte et en particulier au besoin légitime de
protection du Membre qui aura fait l'objet de la plainte, que
ce Membre s'est abstenu, sans justification suffisante, de
négocier .......... du present article."
.
. |
GATT Library | td899wv9866 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Draft Charter. Amendment proposed by the Chinese Delegation | United Nations Economic and Social Council, May 14, 1947 | United Nations. Economic and Social Council | 14/05/1947 | official documents | E/PC/T/W.78 and E/PC/T/W/23-81 | https://exhibits.stanford.edu/gatt/catalog/td899wv9866 | td899wv9866_90050209.xml | GATT_153 | 285 | 1,949 | NATIONS UNIES NATIONS UNIES RESTRICTED
ECONOMIC CONSEIL E/PC/T/W.78
14. May 1947
AND ECONOMIQUE
SOCIAL COUNCIL ET SOCIAL
SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT.
DRAFT CHARTER
AMENDMENT PROPOSED BY THE CHINESE DELEGATION.
Article 18, paragraph 2:-
Alternative A should be deleted and Alternatives B and C
re-numbered A and B. In addition, the new Alternative A (i.e.,
the original Alternative B) should be amended as follows:-
"The value for duty purposes of imported products should be based
on their actual value as represented by the price at which, at
a determined time and place and in the ordinary course of trade
between independent buyer end seller, like goods are sold or
offered for sale, in the ordinary commercial acceptance of the
term, or are capable of being, sold, in quantities and under
conditions ........ arbitrary or fictitious veluations".
DEUXIEME SESSION DE LA COMMISSION PREPARATOIRE DE LA
CONFERENCE DU COMMERCE ET DE L'EMPLOI DE L'ORGANISATION
DES NATIONS UNIES
PROJET DE CHARTE
AMENDEMENT PROPOSE PAR LA DELEGATION DE LA CHINE
Article la - Paragraphe 2:-
Supprimer la variante A, les variantes B et C devenant res-
pectivement A et B. En outre, modifier comme suit la nouvelle va-
riante A (c'est-à-dire l'ancienne variante D);
"La valeur en douane des produits importes devrait être
fondée sur leur valeur réelle représentée par le prix auquel, à
des temps et lieu déterminés et dans le cours normal des opéra-
tions commerciales entre vendeurs et acheteurs indépendants, des
marchandises similaires sont vendues ou offertes à la vente.
dans l'acception commerciale ordinaire du terme ou peuvent être
vendues en quantités et à des conditions ........ ou sur des
évaluations arbitraires ou fictives."
.
. |
GATT Library | qm411hm9433 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Draft Charter. Amendment proposed by the Chinese Delegation | United Nations Economic and Social Council, May 14, 1947 | United Nations. Economic and Social Council | 14/05/1947 | official documents | E/PC/T/W.71 and E/PC/T/W/23-81 | https://exhibits.stanford.edu/gatt/catalog/qm411hm9433 | qm411hm9433_90050202.xml | GATT_153 | 134 | 907 | UNITED NATIONS
ECONOMIC
AND
SOCIAL COUNCIL
NATIONS UNIES
CONSEIL
ECONOMIQUE
ET SOCIAL
RESTRICTED
E/PC/T/W.71
14 May 1947
SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS COINFERENCE ON TRADE AND EMPLOYMENT.
DRAFT CHARTER
AMENDMENT PROPOSED BY THE CHINESE DELEGATION
Article 37, Sub-paragraph (e) should be amended as follows:
"In time of war or other national or international
emergency, relating to the protection of the essential interests
of a Member;"
SECONDE SESSION DE LA COMMIISSION PREPARATOIRE DE AL
CONFERENCE DU COMMERCE ET DE L'EMPLOI DE L'ORGANISATION
DES NATIONS UNIES.
Projet de Charte.
AMENDEMENT PROPOSE PAR LA DELEGATION DE LA CHINE.
Article 37 :- L'alinéa e) devrait être modifié comme suit :
"e rapportant, en temps de guerre ou en cas
d'évènements graves d'ordre national ou international, à
la protection des intérêts essentiels d'un membre; |
GATT Library | rx215dj8351 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Draft Charter. Amendment proposed by the Chinese Delegation | United Nations Economic and Social Council, May 14, 1947 | United Nations. Economic and Social Council | 14/05/1947 | official documents | E/PC/T/W.72 and E/PC/T/W/23-81 | https://exhibits.stanford.edu/gatt/catalog/rx215dj8351 | rx215dj8351_90050203.xml | GATT_153 | 118 | 802 | UNITED NATIONS
ECONOMIC
AND
SOCIAL COUNCIL
NATIONS UNIES CONSEIL
ECONOMIQUE
ET SOCIAL
RESTRICTED E/PC/T/W.72
14 May 1947
SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT.
DRAFT CHARTER
AMENDMENT PROPOSED BY THE CHINESE DELEGATION
Article 30:-
Paragraph 1: This paragraph should be deleted.
Paragraph 2: The words "directly or indirectly"
1 and 2 should be deleted.
in lines
DEUXIEME SESSION DE LA COMMISSION DE LA
CONFERENCE DU COMNFERCE ET DE L'EMPLOI DE L'ORGANISATION
DES NATIONS UNIES.
PROJET DE CHARTE.
AMENDMENT PROPOSE PAR LA DELEGATION DE LA CHINE
Article 30 :-
Paragraphe 1: Supprimer ce paragraphe.
Paragraphe 2 : Supprimer, aux lère et 2ème lignes, les mets
"soit directament, soit indirectement".
.
. |
GATT Library | qx310zq1230 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Draft Charter. Amendment proposed by the Chinese Delegation | United Nations Economic and Social Council, May 14, 1947 | United Nations. Economic and Social Council | 14/05/1947 | official documents | E/PC/T/W.79 and E/PC/T/W/23-81 | https://exhibits.stanford.edu/gatt/catalog/qx310zq1230 | qx310zq1230_90050210.xml | GATT_153 | 145 | 1,007 | UNITED NATIONS
ECONOMIC
AND
SOCIAL COUNCIL
NATIONS UNIES CONSEIL
ECONOMIQUE
ET SOCIAL
RESTRICTED E/PC/T/W.79
14 May 1947.
SECOND SESSION OF THE FREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT.
DRAFT CHARTER
AMENDMENT PROPOSED BY THE CHINESE DELEGATION
Article 15:-
Paragraph 1: The words relatingg thereto" should be
added after the words "nor internal laws, regulations or
requirements".
Paragraph 3:
Paragraph 5:
be deleted.
This paragraph should be deleted.
The words in the square brackets should
DEUXIEME SESSION DE LA COMMISSION PREPARATOIRE
DE LA CONFERENCE DU COMMERCE ET DE L'EMPLOI DE
L'ORGANISATION DES NATIONS UNIES.
Projet de Oharte
AMENDEMENT PROPOSE PAR LA DELEGATION DE LA CHINE.
Article 15: -
Paragraphe 1: Ajouter les mots "s'y rapportant" après les
mots "aucune loi, aucun règlement ou aucune prescription d'ordre
interieur".
Paragraphe 3: Supprimer ce paragraphe.
Paragraphe 5 : Supprimer les mots entre crochets.
.
. |
GATT Library | sg418mr1748 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Draft Charter. Amendment proposed by the Chinese Delegation | United Nations Economic and Social Council, May 14, 1947 | United Nations. Economic and Social Council | 14/05/1947 | official documents | E/PC/T/W.82 and E/PC/T/W/82-124 | https://exhibits.stanford.edu/gatt/catalog/sg418mr1748 | sg418mr1748_90050213.xml | GATT_153 | 210 | 1,356 | UNITED NATIONS NATIONS UNIES RESTRICTED
ECONOMIC CONSEIL E/PC/T/W.82
AND ECONOMIQUE 14 May 1947
SOCIAL COUNCIL ET SOCIAL
SECOND SEESSION OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT.
DRAFT CHARTER
AMENDMENT PROPOSED BY THE CHINESE DELEGATION.
Article 13, paragraph 2(a):-
The words "considers it desirable to", in lines 2 and 3,
should be deleted and the word "adopt" changed to "adopts". In
consequence, the word "proposed" as it appears in lines 11,
14, 16 and 22 should in each case also be deleted.
SECONDE SESSION DE LA COMMISSION PREPARATOIRE
DE LA CONFERENCE DU COMMERCE ET DE L'EMPLOI
DE L'ORGANISATION DES NATIONS UNIES
PROJET DE CHARTE
AMENDEMENT PROPOSE PAR LA DELEGATION DE LA CHINE
Article 13, Paragraphe 2 (a):-
A la 3ème ligne du texte français, supprimer les mots :
" se propose de recourir" et les remplacer par les mots :
" et à la 4ème ligne, remplacer le mot " risque-
raient" par le mot "risquent".
A la 12ème ligne, remplacer le mot "projetée" par les
mots" à laquelle il a eu recours".
A la 18ème ligne, remplacer le mot "proposée" par les
mots" en question " .
A la 24ème ligne, remplacer les mots " la mesure projetés"
par les mots "cette mesure" . |
GATT Library | ds187xq6139 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Draft Charter. Amendment proposed by the Delegations of Syria and Lebanon. Article 17 | United Nations Economic and Social Council, May 14, 1947 | United Nations. Economic and Social Council | 14/05/1947 | official documents | E/PC/T/W/66 and E/PC/T/W/23-81 | https://exhibits.stanford.edu/gatt/catalog/ds187xq6139 | ds187xq6139_90050197.xml | GATT_153 | 399 | 2,656 | RESTRICTED UNITED NATIONS NATIONS UNIES
ECONOMIC CONSEIL E/PC/T/W/66
AND ECONOMIQUE 14 May 1947
SOCIAL COUNCIL ET SOCIAL
SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT.
Draft Charter.
Amendment proposed by the Delegations of Syria
and Lebanon.
Article 17.
The Delegations or Syria and Lebanon consider that dumping,
in any form whatever, is a reprehensible practice and inconsistent
with the general purposes of this Charter.
The restrictions provided for in Article 17 are inadequate,
being concerned solely with measures to be taken by the importing
country to protect itself against dumping, whereas no measures
designed to protect other countries exporting the same goods have
been contemplated.
The Delegations of Syria and Lebanon therefore propose the
following changes in Article 17.
I. Title or the Article:
Anti-dumping measures.
II. paragraph 1. Proposed wording:
"An anti-dumping duty equal to the whole of the margin of
dumping may be imposed on any product of any Member country
imported into any other Member country. 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 in the domestic market
of the exporting country, or, in the absence of such domestic
P.T.O.
.ITED NATIONS
NATIONS UNIES E/PC/T/W/66
page 2
price, either (b) the highest comparable price at
which the like product is sold for export to any
third country in the ordinary course of commerce,
or (c) the cost of production of the product in the
country of origin plus a reasonable addition for
selling cost and profit; with due allowance in
each case for differences in conditions and terms of
sale, for differences in taxation, and for other
differences affecting price comparability.
III. paragraphs 4 and 5 to be omitted.
IV. New paragraph.
"If a Member exporting the like product considers
that its interests are adversely affected by the
dumping practised by another Member, it may bring the
matter before the Organization. The latter shall
proceed to an investigation and make appropriate
recommendations to the Member concernod.
If the Organization finds that the Member is
not carrying out its recommendations, it shall
recognise the right of the complaining Member to
refuse the tariff concessions agreed on in respect
of the trade of the defaulting Member." |
GATT Library | hj139vg9619 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Draft Charter. Amendment proposed by the Delegations of Syria and Lebanon. Article 23. Boycotts | United Nations Economic and Social Council, May 13, 1947 | United Nations. Economic and Social Council | 13/05/1947 | official documents | E/EC/T/W.61 and E/PC/T/W/23-81 | https://exhibits.stanford.edu/gatt/catalog/hj139vg9619 | hj139vg9619_90050192.xml | GATT_153 | 175 | 1,315 | UNITED NATIONS NATIONS UNIES RESTRICTED
E/EC/T/W.61 ENGLISH.
ECONOMIC CONSEIL 13 May 1947.
AND ECONOMIQUE ORIGINAL: FRENCH
SOCIAL COUNCIL ET SOCIAL
SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE, AND EMPLOYMENT.
Draft Charter
Amendment proposed by the Delegations of Syria
and Lebanon.
Article 23
Boycotts
In the opinion of the Svrian and Lebanese Delegations,
boycotts are acts of an essentially political character and
as such are out of place in the Charter; Article 23 should
therefore be deleted.
If, however, a majority of the Members considers it
necessary to retain the article, the Syrian and Lebanese
Delegations propose that it should be amended as follows:
Either I) - at the beginning of the article insert the
phrase
Save in exceptional circumstances where their
adoption is justified by vital national interests.
no member etc.
Or II) - Add a second paragraph worded as follows:
The provisions of paragraph of this article
shall not apply to boycotts of subsidised
trading enterprises with political objectives
likely to prejudice the vital interests of a
Member. |
GATT Library | kq872zh0127 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Draft Charter. Amendment proposed by the South African Delegation | United Nations Economic and Social Council, May 21, 1947 | United Nations. Economic and Social Council | 21/05/1947 | official documents | E/PC/T/W/102 and E/PC/T/W/82-124 | https://exhibits.stanford.edu/gatt/catalog/kq872zh0127 | kq872zh0127_90050234.xml | GATT_153 | 124 | 928 | UNITED NATIONS NATIONS UNIES
ECONOMIC CONSEIL RESTRICTED
AND ECONOMIQUE E/PC/T/W/102
SOCIAL COUNCIL ET SOCIAL 21 May, 1947.
SECOND SESSION OF THE PREPARATOAY COMMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT
DRAFT CHARTER
Amendment proposed by the
South African Delegation.
Article 12(3).
Delete the words "without prejudice to the
application of Article 35".
NOTE: The object of the amendment is to secure a
decision of the preparatory Committee on a principle
which affects a number of subsequent articles, viz.:
whether the sanctions provided for in Article 35(2)
can be applied:
only (a) to specific contractual obligations of
members;
or also (b) to the large number of declarations
of intention and recognition of ideals
which occur in many places in the Draft
Charter.
T.S.V.P. |
GATT Library | pg021mq0092 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Draft Charter. Amendment Proposed by the United Kingdom Delegation. Article 16 | United Nations Economic and Social Council, May 17, 1947 | United Nations. Economic and Social Council | 17/05/1947 | official documents | E/PC/T/W/89 and E/PC/T/W/82-124 | https://exhibits.stanford.edu/gatt/catalog/pg021mq0092 | pg021mq0092_90050221.xml | GATT_153 | 215 | 1,499 | RESTRICTED E/PC/T/W/89 NATIONS UNIES
ECONOMIC UNITED NATIONS CONSEIL
AND ECONOMIQUE 17th May, 1947
SOCIAL COUNCIL ET SOCIAL
SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT.
DRAFT CHARTER
Amendment Proposed by the United Kingdom
Delegation
Article 16
Paragraph 2, first line: after "freedomm of transit"
insert "for goods", and amend the second
sentence to read:
"No distinction shall be made which is
based on the nationality of ownership of the
goods or of persons otherwise concerned in
the traffic, on the flag of vessels, the
nationality of other means of transport, or the
place of origin, depature, entry, exit or
destination".
DEUXIEME SESSION DE LA COMMISSION PREPARATOIRE
DE LA. CONFERENCE DU COMMERCE ET DE L'EMPLOI
DE L'ORGANISATION DES NATIONS UNIES
PROJET DE CHARTE
Amendment proposé par la délégation du Royaume Uni
Article 16
Paragraphe 2, première ligne: après les mots "liberté
de transit", inserer les mots "des marchandises"
et modifier, comme suit, la second phrase:
"Il ne sera fait aucune distinction fondée
sur la nationalité du propriétaire des marchandi-
ses ou des personnes intéressées à un autre titre
au trafic, sur le pavillon des navires, la
nationalité d'autres moyens de transport ou le lieu
d'origine, 13 point de depart, d'entrée, de sortie
ou de destination."
ITED NATIONS
TIONS UNIES |
GATT Library | xz168jf8097 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Draft Charter. Amendment Proposed by the United Kingdom Delegation. Article 17 | United Nations Economic and Social Council, May 17, 1947 | United Nations. Economic and Social Council | 17/05/1947 | official documents | E/PC/T/W/91 and E/PC/T/W/82-124 | https://exhibits.stanford.edu/gatt/catalog/xz168jf8097 | xz168jf8097_90050223.xml | GATT_153 | 170 | 1,186 | UNITED NATIONS NATIONS UNIES RESTRICTED
17th May, 1947 E/PC/T/W/91
ECONOMIC CONSEIL
AND ECONOMIQUE
SOCIAL COUNCIL ET SOCIAL
SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT
DRAFT CHARTER
Amendment Proposed by the United Kingdom
Delegation
Article 17
Paragraph 3, 5th and 6th lines: delete "imposed in the
country of origin or exportetion upon" and
substitute "borne by".
Paragraph 5: at the beginning, before "no Member shall
impose" insert "save with the concurrence of the
Organisation" ......
DEUXIEME SESSION DU LA COMMISSION PREPARATCIRE DE LA
CONFERENCE DU COMERCE DE L'EMPLOI DE
L' ORGANISATION DES NATIONS UNIES
PROJECT DE CHARTE
Amendement proposé bar la delegation du Royaume-Uni
Article 17
Paragraphe 3, 6e et 7e lines: Eupprimer les rots :" dans
le pays d'origine ou dars le pays d'expertation,n,
sont appqueués au " eteloremplacer par r les mo :
" frappent le ".
Paragraphe 5: à la 4eme ligne, après les mots: " d'autres
Etats Membres ", insérer les rots " sans avoir
obtenu l'assentiment de l'Organisation", |
GATT Library | tk341kb9867 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Draft Charter. Amendment Proposed by the United Kingdom Delegation. Article 17 | United Nations Economic and Social Council, May 17, 1947 | United Nations. Economic and Social Council | 17/05/1947 | official documents | E/PC/T/W/91 and E/PC/T/W/82-124 | https://exhibits.stanford.edu/gatt/catalog/tk341kb9867 | tk341kb9867_90050223.xml | GATT_153 | 0 | 0 | |
GATT Library | jt312qd9918 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Draft Charter. Amendment Proposed by the United Kingdom Delegation. Article 18 | United Nations Economic and Social Council, May 17, 1947 | United Nations. Economic and Social Council | 17/05/1947 | official documents | E/PC/T/W/90 and E/PC/T/W/82-124 | https://exhibits.stanford.edu/gatt/catalog/jt312qd9918 | jt312qd9918_90050222.xml | GATT_153 | 108 | 770 | UNITED NATIONS
ECONOMIC
AND
SOCIAL COUNCIL
NATIONS UNIES
CONSEIL
ECONOMIQUE
ET SOCIAL
OUNCIL
RESTRICTED
E/PC/T/W/90
17 May 1947
SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT.
DRAFT CHARTER
Amendment Proposed by the United
Kingdom Delegation
Article 18
Paragraph 2, 6th line: after "charges or restrictions"
insert "on importation or expor".tion'.
DEUXIEME SESSION DE LA COMMISSION PREIARATOTRE DE LA
CONFERENCE DU COMMERCE ET EE L' LMPLOI DE L' ORGANISATION
DES N.UNIES.UIJNSS
PROJET PE CHATTE
Amendement eropose par la
délégation du Royaume-Uni.
article 18
Paragraphe 2, 7e ligne: Après les mots: "droits, taxes
ou restrictions", insérer les mots "à l'importation
ou à l'exportation". |
GATT Library | qb048jf1225 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Draft Charter. Amendment Proposed by the United Kingdom Delegation. Article 19 | United Nations Economic and Social Council, May 17, 1947 | United Nations. Economic and Social Council | 17/05/1947 | official documents | E/PC/T/W.88 and E/PC/T/W/82-124 | https://exhibits.stanford.edu/gatt/catalog/qb048jf1225 | qb048jf1225_90050220.xml | GATT_153 | 120 | 1,004 | United Nations Nations Unies
ECONOMIC CONSEIL RESTRICTED
AND ECONOMIQUE E/PC/T//W.88
17 May 1947
SOCIAL COUNCIL ET SOCIAL
SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT
DRAFT CHARTER
Amendment Proposed by the United Kingdom Delegation
Article 19
Paragraph 1: to read:
"The Members recognise that official fees and charges,
other than duties, imposed on or in connection with
importation or exportation should be limited" etc.
Same paragraph, line 9: omit "subsidiary".
Paragraph 5 (old 4): to read:
"The provisions of this Article shall extend to all kinds
of official requirements in connection with importation
and exportation, including those relating to -
(a) .....
(b) .....
(c) .....
(d) foreign exchange transactions
(e) .....
etc. |
GATT Library | zx721td3679 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Draft Charter. Amendments Proposed by the United Kingdom Delegation. Article 5 | United Nations Economic and Social Council, May 16, 1947 | United Nations. Economic and Social Council | 16/05/1947 | official documents | E/PC/T/W/85 and E/PC/T/W/82-124 | https://exhibits.stanford.edu/gatt/catalog/zx721td3679 | zx721td3679_90050216.xml | GATT_153 | 134 | 1,087 | UNITED NATIONS NATIONS UNIES
ECONOMIC CONSEIL RESTRICTED E/PC/T/W/85
AND ECONOMIQUE 16 May 1947
SOCIAL COUNCIL ET SOCIAL
SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT
DRAFT CHARTER
Amendments Proposed by the United Kingdom Delegation
Article 5
i ) Insert after "shall take" (line 4) "severally and
in collaboration with the appropriate inter-
governmental organizations".
ii) Delete "arpropriate" (line 5) and substitute
"desirable".
Article 5 would then read:
"Fair Labour Standards
Each Member, recognising that all countries
have a common interest in the maintenance of
fair labour standards, related to national
productivity, shall take severally and in
collaboration with the appropriate inter-
governmental organisations whatever action
may be desirable and fecaible to eliminate
sub-standard conditions of labour in pro-
duction for export and generally throughout
its jurisdiction ." |
GATT Library | yb232tz2436 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Draft Charter. Amendments to Article 24 (New York text) proposed by the United Kingdom Delegation | United Nations Economic and Social Council, May 29, 1947 | United Nations. Economic and Social Council | 29/05/1947 | official documents | E/PC/T/W/135 and E/PC/T/W/125-150 | https://exhibits.stanford.edu/gatt/catalog/yb232tz2436 | yb232tz2436_90050271.xml | GATT_153 | 0 | 0 | |
GATT Library | vs605yw5612 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Draft Charter. Amendments to Article 24 (New York text) proposed by the United Kingdom Delegation | United Nations Economic and Social Council, May 29, 1947 | United Nations. Economic and Social Council | 29/05/1947 | official documents | E/PC/T/W/135 and E/PC/T/W/125-150 | https://exhibits.stanford.edu/gatt/catalog/vs605yw5612 | vs605yw5612_90050271.xml | GATT_153 | 169 | 1,129 | UNITED NATIONS
ECONOMIC
AND
SOCIAL COUNCIL
NATIONS UNIES
CONSEIL
ECONOMIQUE
ET SOCIAL
RESTRICTED
E/PC/T/W/135
29 May 1947
SECOND SESSION 0F THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT.
Draft Charter
Amendments to Article 24 (New York text) proposed
by the United Kingdom Delegation
Paragraph 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 [re-
ciprocal and mutually advantageous negotiations]
negotiations with such other Member or Members
for a reciprocal and mutually advantageous
agreement ......... "
Paragraph 3 line 7 et seq.
"The Organisation, if it finds that a Member
has, without sufficient justification, having
regard to the provisions of the Charter as a
whole, failed to [negotiate with such complain-
ing Member in accordance with the requirements
of paragraph 1 of this Article] enter into
negotiations with such complaining Member in
accordance with tho requirements of paragraph 1
of this Article or to complete such
negotiations ....... " |
GATT Library | tw087qf2497 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Draft Charter. Article 10. Customs formalities. Amendment proposed by the delegations of France, Belgium, the Netherlands and Luxembourg | United Nations Economic and Social Council, May 7, 1947 | United Nations. Economic and Social Council | 07/05/1947 | official documents | E/PC/T/W.09 and E/PC/T/W/23-81 | https://exhibits.stanford.edu/gatt/catalog/tw087qf2497 | tw087qf2497_90050168.xml | GATT_153 | 194 | 1,359 | UNITED NATIONS NATIONS UNIES RESTRICTED
ECONOMIC CONSEIL 7 May 1947 E/PC/T/W.09
AND ECONOMIQUE ORIGINAL: FRENCH
SOCIAL COUNCIL ET SOCIAL
SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT.
Draft Charter
Article 10
Customs formalities.
Amendment proposed by the delegations of
FRANCE, BELGIUM, the NETHERLANDS and LUXEMBOURG.
Revised paragraph 3 as follows:
"3. Members shall so far as practicable refrain
from imposing heavy penalties for minor breaches of customs
procedure or regulations. In particular, in cases when
documents are required for the clearance of goods from the
customs, any fine in respect of omissions or mistakes easily
rectifiable and obviously made without fraudulent intent
shquld be reduced to a minimum, so as to be light as
possible and in the nature of a token penalty, i.e. merely
a warning.
Reasons
The proposed text is more flexible than that adopted
by the Drafting Committee. It is based on the 1923
Convention and the Report of the 1927 Economic Conference.
The words "good faith" are omitted since in some
legal systems they are not accepted as a valid excuse which
judges have to take into account in dealing with customs
offences. |
GATT Library | bs903kb9946 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Draft Charter. Article 11. Amendment proposed by the Czechoslovak Delegation | United Nations Economic and Social Council, May 23, 1947 | United Nations. Economic and Social Council | 23/05/1947 | official documents | E/PC/T/W/109 and E/PC/T/W/82-124 | https://exhibits.stanford.edu/gatt/catalog/bs903kb9946 | bs903kb9946_90050242.xml | GATT_153 | 360 | 2,443 | UNITED NATIONS ECONOMIC NATIONS UNIES CONSEIL RESTRICTED
AND ECONOMIQUE E/PC/T/W/1O9.
23 May 1947
SOCIAL COUNCIL ET SOCIAL ORIGINAL: ENGLISH
SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT.
DRAFT CHARTER
Articlee 11
Amendmentt proposed by the Czechoslovak Delegation
Paragraph 2 should read as follows:
"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
that Member and appropriate intergovernmental
organizations relating to the encouragement of the
industrial and general economic development of Member
countries."
Explanatory comment
The commentary to Article 11 of the New York Draft Charter
(sub. IV, page 9) explains the addition of a new sentence to
paragraph 2 as a mere transfer of paragraph 3(d) Articlee 61 of
the London draft; the purpose of this change is to give the
Organization the right of initiative to start consultations and
make recommendations in respect of plans for economic development
of Member countries.
However, it seems this explanation does not correspond
exactly to the wording of the London draft. It is not clear
that the intention was to give the Organization the right to
act on its own initiative vis à vis Member's planning for
economic development. Those plans ought to be primarily the
concern of governments of Member countries and planning generally
is the right of every sovereign state. It cannot be the
intention of the Charter to limit the sovereignty of states in
respect of such an important matter as is tho development of
economic resources. Should legitimate commercial interests of
Members be in any way threatened by measures taken by a Member
in pursuance of its planning policy, then there are other
provisions of the Charter giving the Organization the right to
intervene. Such an intervention, however, should not fall under
Article 11.
.
. |
GATT Library | tx321gg5352 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Draft Charter. Article 12. Amendment proposed by the Czechoslovak Delegation | United Nations Economic and Social Council, May 23, 1947 | United Nations. Economic and Social Council | 23/05/1947 | official documents | E/PC/T/W/107 and E/PC/T/W/82-124 | https://exhibits.stanford.edu/gatt/catalog/tx321gg5352 | tx321gg5352_90050240.xml | GATT_153 | 218 | 1,508 | UNITED NATIONS NATIONS UNIES RESTRICTED
ECONOMIC CONSEIL
AND ECONOMIQUE 23 May 1947
SOCIAL COUNCIL ET SOCIAL ORIGINAL : ENGLISH.
SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT
DRAFT CHARTER
Article 12
Amendment proposed by the Czechoslovak
Delegation
Paragraph 3 should read as follows
Any Member may submit to the organization a
complaint that action by another Member is in-
consistent with its obligations under this
Article. The Organization may, without pre-
judice 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."
Explanatory comment
The Czechoslovak delegation proposes the deletion of
the words "or with the authorization of a Member, any
affected business entity or parson within that Member's
jurisdiction". The reason for this is that complaints
under Article 12 should be put on a footing different from
those under Article 40. If economic development of a
Member is impeded by action or measures inconsistent with
Article 12, then this should be an affair concerning
solely governments and not private firms or individuals.
It is obvious that restrictive business practices by their
very character must be subject to another procedure than
that one envisaged in Article 12.
.
. |
GATT Library | bn397hg6233 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Draft Charter. Article 12 - Means of Economic Development. Amendment submitted by the French Delegation | United Nations Economic and Social Council, May 12, 1947 | United Nations. Economic and Social Council | 12/05/1947 | official documents | E/PC/T/W.59 and E/PC/T/W/23-81 | https://exhibits.stanford.edu/gatt/catalog/bn397hg6233 | bn397hg6233_90050188.xml | GATT_153 | 294 | 1,985 | UNITED NATIONS NATIONS UNIES RESTRICTED
E/PC/T/W.59
ECONOMIC CONSEIL 12 May 1947
AND ECONOMIQUE
SOCIAL COUNCIL ET SOCIAL
SECOND SESSION OF THE PREPARATORY COMMITTEE OF
THE UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT.
DRAFT CHARTER
Article 12 - Means of Economic Development.
Amendment submitted by the French Delegation.
Paragraph 3 of Article 12 provides that "any Member,
or with the authorisation of a Member, any affected
business entity or person within that Member's jurisdic-
tion, may submit to the Organisation a complaint that
action by another Member is inconsistent with its obliga-
tion under this Article."
It is contrary to the generally accepted principles
of international law that an individual be permitted to
summon a State to appear before an international body.
Further, it seems appropriate and desirable that a State
should not merely authorise a private individual to lodge
a complaint to the effect that his interests have been
adversely affected allegedly as the result of a breach
of obligations entered into under an agreement such as
the Charter, but should itself shoulder responsibility by
taking part in the proceedings. For these reasons the
French Delegation proposes that the text of paragraph 3
should be modified on the lines suggested by the United
Kingdom delegation in New York and should read as follows: E/PC/T/W.59
Page 2.
"Any Member may, on its own behalf or on behalf of
any affected business entity or person within that
Member's jurisdiction, submit to the Organisation a com-
plaint that action by another Member is inconsistent
with its obligations under this Article.The Organisa-
tion may, without prejudice to the application of Article
35, request the Members concerned to enter into consulta-
tion with a view to reaching a mutually
settlement and may lend its good offices to this end." |
GATT Library | nm314bw2213 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Draft Charter. Article 13. Amendment proposed by the Czechoslovak Delegation | United Nations Economic and Social Council, May 23, 1947 | United Nations. Economic and Social Council | 23/05/1947 | official documents | E/PC/T/W/108 and E/PC/T/W/82-124 | https://exhibits.stanford.edu/gatt/catalog/nm314bw2213 | nm314bw2213_90050241.xml | GATT_153 | 206 | 1,478 | RESTRICTED
UNITED NATIONS ECONOMIC NATIONS UNITED CONSEIL E/PC/T/W/108
AND ECONOMIQUE 23 May 1947
SOCIAL COUNCIL ET SOCIAL Original: ENGLISH
SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT.
DRAFT CHARTER
Article 13
Amendment proposed by the Czechoslovak
Delegation
The first sentence of paragraph 2 should read as
follows:
"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 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."
Explanatory comment
Paragraph 1 of Article 13 mentions in its first sentence
"establishment or reconstruction of particular industries".
The Czechoslovak delegation assumes that it was the intention
to cover both these objectives also in paragraph 2, However,
this intention ought to be clearly reiterated also in paragraph
2, otherwise it would not be clear whether the procedure of
Article 13 applies also for moasures, dictated by the necessity
of reconstruction.
.
. |
GATT Library | cc121fh9995 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Draft Charter. Article 13. Amendment proposed by the Delegation of Chile | United Nations Economic and Social Council, May 23, 1947 | United Nations. Economic and Social Council | 23/05/1947 | official documents | E/PC/T/W.124 and E/PC/T/W/82-124 | https://exhibits.stanford.edu/gatt/catalog/cc121fh9995 | cc121fh9995_90050257.xml | GATT_153 | 214 | 1,487 | UNITED NATIONS NATIONS UNIES RESTRICTED
ECONOMIC CONSEIL E/PC/T/W. 124
AND ECONOMIQUE 23 May 1947.
SOCIAL COUNCIL ET SOCIAL SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT
DRAFT CHARTER
Article 13
Amendment proposed by the Delegation of
Chile
For paragraph (2) of Article 13 substitute the following:
"2. If a Member, in the interest of its programme of economic
development, adopt any protective or other measures, of what-
soever 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 of another Member, the latter may
apply to the Organization, which shall examine the various
aspects of the question and, should it prove that that interests
of third parties are in fact substantially affected, shall
invite Governments which have adopted the agreements to
negotiate and conclude an arrangement wth the said third
parties. Should such an arrangement not be concluded, the
Organization shall examine the question afresh and, subject
to such limitations as it considers necessary, my release
from the above-mentioned obligations any Member that has
adopted such measures.
In paragraph (1) of Article 13, after the word
"protective", insert the words "or others".
. |
GATT Library | rj071ws0846 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Draft Charter. Article 13. Amendment proposed by the Delegation of Chile | United Nations Economic and Social Council, May 23, 1947 | United Nations. Economic and Social Council | 23/05/1947 | official documents | E/PC/T/W.124 and E/PC/T/W/82-124 | https://exhibits.stanford.edu/gatt/catalog/rj071ws0846 | rj071ws0846_90050258.xml | GATT_153 | 213 | 1,485 | UNITED NATIONS NATIONS UNIES RESTRICTED
ECONOMIC CONSEIL E/PC/T/W. 124
AND ECONOMIQUE 23 May 1947.
SOCIAL COUNCIL ET SOCIAL SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT
DRAFT CHARTER
Article 13
Amendment proposed by the Delegation of
Chile
For paragraph (2) of Article 13 substitute the following:
"2. If a Member, in the interest of its programme of economic
development, adopt any protective or other measures, of what-
soever 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, end if such
measure affects the trade of another Member, the latter may
apply to the Organization, which shall examine the various
aspects oi 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 arrangement 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.
In paragraph (1) of Article 13, after the word
"protective", insert the words "or others". |
GATT Library | tc675jg8002 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Draft Charter. Article 13. Amendment proposed by the New Zealand Delegation | United Nations Economic and Social Council, May 23, 1947 | United Nations. Economic and Social Council | 23/05/1947 | official documents | E/PC/T/W/114 and E/PC/T/W/82-124 | https://exhibits.stanford.edu/gatt/catalog/tc675jg8002 | tc675jg8002_90050247.xml | GATT_153 | 0 | 0 | |
GATT Library | yh534wb4805 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Draft Charter. Article 13. Amendment proposed by the New Zealand Delegation | United Nations Economic and Social Council, May 23, 1947 | United Nations. Economic and Social Council | 23/05/1947 | official documents | E/PC/T/W/114 and E/PC/T/W/82-124 | https://exhibits.stanford.edu/gatt/catalog/yh534wb4805 | yh534wb4805_90050247.xml | GATT_153 | 185 | 1,386 | UNITED NATIONS NATIONS UNIES
RESTRICTED
ECONOMIC CONSEIL E/PC/T/W/114
AND ECONOMIQUE 23 May 1947
SOCIAL COUNCIL ET SOCIAL ORIGINAL: ENGLISH
SECOND SESSION OF THE PREPARATORY COMMTTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT
DRAFT CHARTER
Article 13
Amendment proposed by the New Zealand Delegation
"Governnental Assistance to Economic Development.
1. The Members recognize that special governmental
assistance may be required in order to promote the establish-
ment or reconstruction of particular industries and that
such assistance may take the form of protective measures.
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 or adjustment for
the economies of other countries.
2. Members undertake to employ in the interests or their
programme of development only those measures which are
consistent with the purpose, and as far as practicable, the
provisions or 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." |
GATT Library | zd390kd4746 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Draft Charter. Article 15 -- Amendment proposed by New Zealand Delegation | United Nations Economic and Social Council, May 22, 1947 | United Nations. Economic and Social Council | 22/05/1947 | official documents | E/PC/T/W/106 and E/PC/T/W/82-124 | https://exhibits.stanford.edu/gatt/catalog/zd390kd4746 | zd390kd4746_90050239.xml | GATT_153 | 0 | 0 | |
GATT Library | tt835vp5890 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Draft Charter. Article 15 -- Amendment proposed by New Zealand Delegation | United Nations Economic and Social Council, May 22, 1947 | United Nations. Economic and Social Council | 22/05/1947 | official documents | E/PC/T/W/106 and E/PC/T/W/82-124 | https://exhibits.stanford.edu/gatt/catalog/tt835vp5890 | tt835vp5890_90050239.xml | GATT_153 | 303 | 2,184 | UNITED NATIONS NATIONS UNIES
ECONOMIC CONSEIL RESTRICTED
AND ECONOMIQUE E/PC/T/W/106
SOCIAL COUNCIL ET SOCIAL 22 May 1947
SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT
Draft Charter
Article 15 -- Amendment proposed by New Zealand Delegation
The following amended text is proposed for Paragraph 4:-
"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 negotiation for their liberalization or elimination in
the manner provided for in respect of tariffs and
preferences under Article 24"
New Zealand also supports the amendment to paragraph 3
of Article 15 proposed by the delegations of Belgium, Czecho-
slovakia, the Netherlands and Luxembourg as set out in
E/PC/T/W/92.
SECONDE SESSION DE LA COMMISSION PREPARATOIRE
DE LA CONFERENCE DU COMMERCE ET DE L'EMPLOI
DE L'ORGAENISATION DES NATIONS UNIES.
Project de Charte.
Article 15 -- Amendement proposé par la Délégation de la
Nouvelle-Zélande.
La Délégation de la Nouvelle-Zélande propose de donner
au paragraphe 4 la rédaction suivante
Les dispositions du present article ne seront pas in-
terprétées comme mettant obstacle à l'application des
lois, règlements, prescriptions ou taxes d'ordre inté-
rieur, relatifs à la distribution ou à la projection de
films cinématographiques. Tous lois, réglements, pres-
criptions ou taxes, ainsi appliqués, devront, néanmoins,
faire l'objet de négociations en vue de leur assouplis-
semant ou de leur élimination de la façon prévue à l'ar-
ticle 24 pour les tarifs et préférences tarifaires."
La Dèlégation de la Neuvelle-Zelande appuie également
la proposition d'amendement au paragraphe 3 de l'article 15, éma-
nant des délégations de la Belgique, de la Tchécoslovaquie, des
Pays-Bas et du Luxembourg, telle quielle figure dans le document
E/PC/T/W/92.
. |
GATT Library | wj035dz3910 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Draft Charter. Article 15. Amendment proposed by the Horwegian Delegation | United Nations Economic and Social Council, May 20, 1947 | United Nations. Economic and Social Council | 20/05/1947 | official documents | E/PC/T/W.99 and E/PC/T/W/82-124 | https://exhibits.stanford.edu/gatt/catalog/wj035dz3910 | wj035dz3910_90050231.xml | GATT_153 | 1,460 | 8,909 | RESTRICTED UNITED NATIONS NATIONS UNIES
E/PC/T/W.99
ECONOMIC CONSEIL 20 May, 1947
AND ECONOMIQUE
SOCIAL COUNCIL ET SOCIAL
SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFRENCE ON TRADE AND EMPLOYMENT
DRAFT CHARTER
Article 15
Amendment proposed by the Horwegian Delegation.
The following text to replace the text adopted by the
Interim Drafting Committee:
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.
2. The products of any Member country imported into any
other Member country shall be accorded treatment not less favour
able than that accorded to like products of national origin in
respect of all laws, regulations or requirements affecting their
internal sale, purchase, offering for sale, transportation
distribution or use of any kind whatsoever.
3. The provisions of §§ 1 and 2 of this article shall
not preclude the regulatinn of imports permissible under this
Charter being made through internal taxes or other arrangments
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.
4. So long as different prices for like products exist on
the world market, the provisions of paragraphs 1 and 2 shall not
preclude the establishment on a national market of equal prices
for like products, whether of foreign or domestic origin.
5. The provisions of this article do not apply to the
procurement by governmental 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. ----------
R e m a r k s :
Article 15 represents the consequent application of
the principle of the Draft Charter that Members shall, as a rule,
protect their national production only through customs duties or
subsidies. The Norwgian Delegation fully support this prin-
ciple. They are, however of the opinion that the draft of the
Interim Drafting Committee is not suffisiently clear, and that
it goes further than strictly necessary. Their proposal is draf-
ted wïth a view to clarifying the text and to introducing certain
limitations, whilst at the same time maintaining the principles
which the article should express in a relatively concrete form. E/PC/T/W .99
Page 2.
In regard to the §§ of the proposed new Article 15,
the following remarks are made:
Re §1.
The US-Delegation have proposed the deletion of § 1 of
the New York Draft Charter. The Norwegian Delegation support this
proposal, as the § in question merely contains in a general
form the rules which have been expressed in a more concrete
way in §§ 2 and 3 of the New York Draft Charter, and conse-
quently is considered unnecessary.
The new $ 1 is the same as § 2 of the New York Draft
Charter.
Re § 2.
§ 2 reproduces the first sentence of § 3 of the New York
Charter.
The rest of § 3 of the New York Draft Charter, it is
proposed to delete. On the other hand §§ 3 and 4 of the Norwegian
proposal to article 15 contain rules which represent an appli-
cation of the principle which should under article 15, and
which are comparatively concrete in form.
The reasons why the Norwegian Delegation propose the
deletion of the two last sentences of § 3 of the New York Draft
Charter are the following:
First of all these clauses are vague. It is very
difficult to foresee what consequences each rules would have
for the future economic policy of Member Governments.
Secondly, however, the rules proposed in the New York
Draft Charter would introduce certain limitations on a
government's right to regulate and plan tho economic activities
of their country. The Draft Charter is based on the assumption that
the Member Countries shall have the right to adhere to the "lalssez-
faire" principle, to a completely socialist system or to different chades
of a centrally planned or regulated economy. Further, it is obviously
assumed in the Draft Charter that the government and people of
a particular country shall have the full right gradually to change
their economic system in accordance with the decisions of the
people of the country concerned.
From this point of view, it seems that the clauses
contained in the latter part of § 3 of the New York Draft Charter
fall outside the scope of the Charter. The clauses would for
example prevent a government from deciding that, in order to
further the production of high quality goods, particular products
should be made of certain specifyied raw materials. A deletion
of the latter part of § 3, as suggested by the Norwegian
Delegation, would not, however, give a government the right to
act contrary to their obligations under the two preceding §§.
Thus, in the case mentioned above, a government would not
have the right to decree that raw materials of national origin
should be given preference to like raw materials of foreign
origin. The only protection allowed would be the customs or
subsidy protection which may be permitted under other articles
of the Charter. E/PC/T/W.99
Page 3.
Re § 3.
The new § 3 in the Norwegian proposal is entended
to reserve to a government the right to apply internal taxes
as a means of regulating imports. This method may in certain
cases be more practicable, as it is not so restrictive as the
application of quantitative regulations permitted under articles
25 - 29. The method proposed is consequently in full conformity
with the principles of the Charter.
Re § 4.
The now § 4 is intended to meet the present price
situation on the world market. At present there does not
really exist a world market price on basic commodities, such
as cereals, sugar, coffee or such raw materials as coal or iron
and steel. Consequently many countries have found it necessary
to introduce a price regulation system which allows for the
equalisation of prices on the internal market. This is not a
means of protecting domestic industry against foreign competition
but merely part of a rational system of price regulation. It is
to be hoped that a real world market price on basic commodities
will gradually be established, as shortages are overcome, but
until that stage is reached a price equalisation on the internal
market of a country must be permitted.
Re § 5..
The first sentence of § 5 is identical to § 5 of the
New York Draft Charter.
The last sentence of the proposed § 5 takes the place
of § 4 of the New York Draft Charter and provides that article 15
shall not apply to cinematograph films.
The Norwegian Delegation are of the opinion that
cinematograph films should not be considered as an ordinary
commercial commodity, and that the Charter should not apply to
products of this kind. Cinematograph films should in the
opinion of the Norwegian Delegation be treated as a product
of art on the lines of theatrical performances, operas, etc.
The cinematograph films exercice an influence on people's interests
and ways of life. The cinematograph films should therefore be
considered rather from a cultural point of view than from a
commercial.
This point of view is of particular importance to
smaller countries, the language of which are not generally
understand beyond their frontiers. To such countries it is
of importance from a cultural point of view to facilitate the
production of cinematograph films in the language of the country
concerned. This raises several problems. Such films cannot be
shown on the world maket because of the language limitations.
In order to enable such films of national origin to be produced,
it is necessary to permit certain facilities towards the national E/PC/T/W.99
Page 4.
film industry. To protect such an industry through customs is
impracticable. It is impossible to foresee the value of an
imported film until it has been proved what income has been
earned through its exhibitions in the particular country.
A direct subsidy to a nation film industry also has its distinct
disadvantages. Such a system would inevitably raise discussions
as to the cultural value of a proposed film. The simplest and
most practicable method through which a small country could
secure the creation of national films would be to permet national
films to be charged with a lower tax than foreign films.
For these reasons the Norwegian Delegation are of
the opinion that cinematograph films should not come within
the scope of the Charter, and that it should be left to the
Member Governments to take the steps which they consider
necessary to foster a national cinematograph film industry. |
GATT Library | ry933vw3413 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Draft Charter. Article 15. Amendment proposed by the Horwegian Delegation | United Nations Economic and Social Council, May 20, 1947 | United Nations. Economic and Social Council | 20/05/1947 | official documents | E/PC/T/W.99 and E/PC/T/W/82-124 | https://exhibits.stanford.edu/gatt/catalog/ry933vw3413 | ry933vw3413_90050231.xml | GATT_153 | 0 | 0 | |
GATT Library | cw056hp0659 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Draft Charter. Article 15. Amendment proposed by the Horwegian Delegation | United Nations Economic and Social Council, May 20, 1947 | United Nations. Economic and Social Council | 20/05/1947 | official documents | E/PC/T/W.99 and E/PC/T/W/82-124 | https://exhibits.stanford.edu/gatt/catalog/cw056hp0659 | cw056hp0659_90050231.xml | GATT_153 | 0 | 0 | |
GATT Library | tr691rc1474 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Draft Charter. Article 15. National Treatment on Internal Taxation and Regulation | United Nations Economic and Social Council, May 7, 1947 | United Nations. Economic and Social Council | 07/05/1947 | official documents | E/PC/T/W.30 and E/PC/T/W/23-81 | https://exhibits.stanford.edu/gatt/catalog/tr691rc1474 | tr691rc1474_90050157.xml | GATT_153 | 70 | 531 | UNITED NATIONS
ECONOMIC
AND
SOCIAL COUNCIL
CONSEIL
ECONOMIQUE
ET SOCIAL
RESTRICTED
E/PC/T/W.30
7 May 1947
ORIGINAL: FRENCH
SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS
CONFERENCE ON TRADE AND EMPLOYMENT.
Draft Charter
Article 15
National Treatment on Internal
Taxation and Regulation
Amendment proposed by the Delegations of FRANCE,
BELGIUM, THE NETHERLANDS and LUXEMBOURG.
Paragraph 4, 2nd sentence: ...................
Correction of grammar affecting the French text only.
NATIONS UNIES |
GATT Library | mz159bz4623 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Draft Charter. Article 15. National Treatment on Internal Taxation end Regulation. Amendment proposed by the Delegations of Belgium, the Netherlands and Luxembourg | United Nations Economic and Social Council, May 9, 1947 | United Nations. Economic and Social Council | 09/05/1947 | official documents | E/PC/T/W.48 and E/PC/T/W/23-81 | https://exhibits.stanford.edu/gatt/catalog/mz159bz4623 | mz159bz4623_90050177.xml | GATT_153 | 287 | 2,277 | UNITED NATIONS NATIONS UNIES RESTRICTED
E/PC/T/W.48
ECONOMIC CONSEIL 9 May, 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.
Draft Charter
Article 15
National Treatment on Internal Taxation end Regulation
Amendment proposed by the Delegations of
Belgium, the Netherlands and Luxembourg
Re-draft paragraph 3 as follows:
"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, transporta-
tion, distribution or use of any kind whatsoever.
(b) The provisions of sub-paragraph 3 (e) of this
Article shall be understood to preclude the application of
internal requirements restricting the amount or proportion
of an imported product permitted to be mixed, processed or
used, provided that the defect 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 provided for in
respect of tariff under Article 24."
REASONS
The words underlined comprise the principal change
covered by this amendment which is based on an amendment
proposed by the Australian delegation in London. Following
the principles adopted in the articles on quantitative
restrictions, it attempts to make clear that even practices
apparently inconsistent with the provisions of Article 15
may be admissible provided they constitute a less serious
obstacle to trade than practices of other kinds covered by
the Charter and regarded by it as legitimate. |
GATT Library | xw943wz1776 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Draft Charter. Article 16. Freedom of Transit | United Nations Economic and Social Council, May 7, 1947 | United Nations. Economic and Social Council | 07/05/1947 | official documents | E/PC/T/W/32 and E/PC/T/W/23-81 | https://exhibits.stanford.edu/gatt/catalog/xw943wz1776 | xw943wz1776_90050159.xml | GATT_153 | 0 | 0 | |
GATT Library | zk136bk7202 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Draft Charter. Article 16. Freedom of Transit | United Nations Economic and Social Council, May 7, 1947 | United Nations. Economic and Social Council | 07/05/1947 | official documents | E/PC/T/W/32 and E/PC/T/W/23-81 | https://exhibits.stanford.edu/gatt/catalog/zk136bk7202 | zk136bk7202_90050159.xml | GATT_153 | 140 | 949 | UNITED NATIONS
ECONOMIC
AND
SOCIAL COUNCIL
NATIONS UNIES
CONSEIL
ECONOMIQUE
ET SOCIAL
RISTRICTED
E/PC/T/W/32
7 May 1947
ORIGINAL: FRENCH
SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT.
Draft Charter
Article 16
Freedom of Transit
Amendment proposed by the Delegations of FRANCE,
BELGIUM, THE NETHERLANDS AND LUXEMBURG.
Paragraph 6.
Strike out this paragraph.
Reasons - The provisions of Paragraph 6 do not refer to
"Freedom of Transit" and should not therefore be included
in Article 16. questions of origin, provenance, and direct
consignment are extremely delicate. The different countries'
regulations in this respect are various and diffuse. Suff-
icient data on them is not available to the Committee. The
necessary researches should be made and these problems dealt
with at a special conference which the Organization would
have to convene at the proper time. |
GATT Library | bx565vj4294 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Draft Charter. Article 16. Freedom of Transit | United Nations Economic and Social Council, May 7, 1947 | United Nations. Economic and Social Council | 07/05/1947 | official documents | E/PC/T/W.33 and E/PC/T/W/23-81 | https://exhibits.stanford.edu/gatt/catalog/bx565vj4294 | bx565vj4294_90050160.xml | GATT_153 | 71 | 496 | UNITED NATIONS
ECONOMIC
AND
SOCIAL COUNCIL
NATIONS UNIES
CONSEIL
ECONOMIQUE
ET SOCIAL
RESTRICTED
E/PC/T/W.33
7 May 1947
ORIGINAL: FRENCH
SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT
Draft Charter
Article 16
Freedom of Transit
Amendment proposed by the Delegations of FRANCE,
BELGIUM THE NETHERLANDS and LUXEMBURG.
Paragraph 3, Reword the end as follows:
Reasons - A change of wording affecting the French
text only. |
GATT Library | bq128kq9426 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Draft Charter. Article 16. Freedom of Transit | United Nations Economic and Social Council, May 7, 1947 | United Nations. Economic and Social Council | 07/05/1947 | official documents | E/PC/T/W/31 and E/PC/T/W/23-81 | https://exhibits.stanford.edu/gatt/catalog/bq128kq9426 | bq128kq9426_90050158.xml | GATT_153 | 191 | 1,333 | UNITED NATIONS
ECONOMIC CONFERENCE
AND ECONOMIQUE 7 May 1947 E/PC/T/W31
SOCIAL COUNCIL ET SOCIAL ORIGINAL: FRENCH
SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT.
Draft Charter
Article 16
Freedom of Transit
Amendment proposed by the Delegations of FRANCE, BELGIUM,
THE NETHERLANDS and LUXEMBOURG.
Paragraph 1. For the last sentence substitute the following:
"The present Article shall apply to the operation of air-
craft in transit, subject to the conducted that all movement
of transport aircraft is conducted in conformity with the pro-
visions of the special conventions concluded to this effect."
Reasons - There seems to be no reason for excluding goods and
baggage in transit by air from the benefit of the provisions of
Article 16 which are designed to secure freedom of transit
on the other hand, it is clear that the movement of
aircraft the selves, the conditions under which they are
authorized to fly over the territory of different countries,
to make use of national aerodromes, etc. can only be regulated
by special arrangements.
It is with this consideration in mind that the
amendment has been proposed.
RESTRICTED
NATIONS UNIES |
GATT Library | by324nm9716 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Draft Charter. Article 17. Amendment proposed by the Australian Delegation | United Nations Economic and Social Council, May 16, 1947 | United Nations. Economic and Social Council | 16/05/1947 | official documents | E/PC/P/W/84 and E/PC/T/W/82-124 | https://exhibits.stanford.edu/gatt/catalog/by324nm9716 | by324nm9716_90050215.xml | GATT_153 | 0 | 0 | |
GATT Library | qv266qf3700 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Draft Charter. Article 17. Amendment proposed by the Australian Delegation | United Nations Economic and Social Council, May 16, 1947 | United Nations. Economic and Social Council | 16/05/1947 | official documents | E/PC/P/W/84 and E/PC/T/W/82-124 | https://exhibits.stanford.edu/gatt/catalog/qv266qf3700 | qv266qf3700_90050215.xml | GATT_153 | 294 | 1,973 | UNITED NATIONS NATIONS UNIES RESTRICTED
E/PC/P/W/84
ECONOMIC CONSEIL 16 may 1947
AND ECONOMIQUE
SOCIAL COUNCIL ET SOCIAL
SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT
Draft Charter
Article 17
Amendment proposed by the Australian Delegation
Amend paragraph 5 to read as follows:-
"5. No Member shall impose any anti-dumping or counter-
vailing duty or charge on the importation of any product
of any other Member unless -
(a) it determines that the effect of the dumping or
subsidization, as the case may be, is such as ma-
terially to injure or threaten to injure an esta-
blished domestic industry or is such as to prevent
the establishment of a domestic industry",
and
(b) "in the case of a primary product for which a
recognized world price exists, the product concerned
has been sold at a price less than the ruling world
parity price."
__________________________________________________________________.
DEUXIEME SESSION DE LA COMMISSION PREPARATOIRE DE LA
CONFERENCE DU COMMERCE ET DE L'EMPLOI DE L'ORGANISATION DES
NATIONS UNIES.
Projet de Charte
Article 17
Amendement proposé par la Delegation de l'Australie.
Modifier le paragraphe 5 comme suit:-
"5. Aucun Membre n'imposera de droits ou taxes anti-dumping
ou de droits compensateurs à l'importation d'un produit
quelconque d'un autre Etat membre, quel qu'il soit, à
moins que
(a) il ne constate que l'effet du dumping ou de la subven-
tion, selon le cas, est tel qu'il porte ou menace de
porter un préjudice substantiel à une industrie na-
tionale établie ou qu'il fait obstacle à la creation
d'une industrie nationale",
et
(b) "lorsqu'il s'agit d'un produit de base pour lequel il
existe un prix mondial reconnu, que le produit en
question ait été vendu à un prix inférieur au cours
mondial en vigueur."
.NTIED NATIONS |
GATT Library | np397vg1559 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Draft Charter. Article 17. Amendment proposed by the Australian Delegation | United Nations Economic and Social Council, May 16, 1947 | United Nations. Economic and Social Council | 16/05/1947 | official documents | E/PC/P/W/84 and E/PC/T/W/82-124 | https://exhibits.stanford.edu/gatt/catalog/np397vg1559 | np397vg1559_90050215.xml | GATT_153 | 0 | 0 | |
GATT Library | xm015fb1678 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Draft Charter. Article 17. Anti-dumping and Countervailing Duties | United Nations Economic and Social Council, May 7, 1947 | United Nations. Economic and Social Council | 07/05/1947 | official documents | E/PC/T/W.34 and E/PC/T/W/23-81 | https://exhibits.stanford.edu/gatt/catalog/xm015fb1678 | xm015fb1678_90050161.xml | GATT_153 | 116 | 960 | UNITED NATIONS NATIONS UNIES RESTRICTED
ECONOMIC CONSEIL E/PC/T/W.34 7 May 1947
AND ECONOMIQUE ORIGINAL: FRENCH
SOCIAL COUNCIL ET SOCIAL
SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT.
Draft Charter
Article 17
Anti-dumping and Countervailing
Duties
Amendment proposed by the Delegations of FRANCE, BELGIUM,
THE NETHERLANDS and LUXEMBOURG.
Paragraph 2, line 9. For "an additional" substitute
"a special". the other wording change proposed
does not affect the English text.
Reasons - 'these two modifications are of form only, and
are intended to improve the wording of the French text. The
expression special duty" is preferred to additional duty"
because countervailing duties may be imposed on goods exempt
from customs duty. |
GATT Library | xm853nq2953 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Draft Charter. Article 17. Anti-dumping and Countervailing Duties | United Nations Economic and Social Council, May 7, 1947 | United Nations. Economic and Social Council | 07/05/1947 | official documents | E/PC/T/W.35 and E/PC/T/W/23-81 | https://exhibits.stanford.edu/gatt/catalog/xm853nq2953 | xm853nq2953_90050162.xml | GATT_153 | 317 | 2,268 | UNITED NATIONS NATIONS UNlES RESTRICTED
E/PC/T/W.35
ECONOMIC CONSEIL 7 May 1947
AND ECONOMIQUE ORIGINAL: FRENCH
SOCIAL COUNCIL ET SOCIAL
SECOND SESSION OF THE PREPARTORY COMMITTEE OFTHE
UNITED NATIONS CONFERENCE ON TRADE AND EMLOYMENT.
Draft Charter
Article 17
Anti-dumping and Countervailing Duties
amendment proposed by the Delegations of FRANCE, BELGIUM,
THE NETHERLLNDS and LUXEMBOURG.
Re-word paragraph 5 as follows:
"5. No Member shall impose any anti-dumping or
countervailing duty or charge on the importation of any product
of other Member Countries unless it is in a position to prove:
"a) that it really is a case of dumping or subsidization
Within the meaning of the present article;
and
b) that the effect of the dumping or subsidization, as
the case may be, is such as materially injure an
existing domestic industry. In practice. this
condition can only be deemed to be fulfilled when
the exporting country's export prices are at least
equal to the importing country's prices after deduction
of customs duties, or at least equal to world prices". E/PC/T/W.35
page 2
Reasons
The amendment, which is designed to preclude any form ot
abuse, has a threefold aim:'
A) The ones of proof should be on the state taking
measures against dumping or subsidization;
B) Provision should not be made for the possibility ot
injury - purely hypothetical - at some later date to some
industry which the importing state might claim to intend to
set up within its territory, in the more or less distant
future, but which does not exist at the time such measures
are taken.
C) In any event, it is obvious that there could be no
question of taking meausures of this kind where an exporting
country sells at normal prices, that is to say, when it
sells at prices which, when customs duty is added, equal
or exceed prices in the importing .country, or when it sells
at world prices or higher. |
GATT Library | fm306cp2795 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Draft Charter. Article 17. Anti-Dumping and Countervailing Duties Amendment proposed by the Delegations of Belgium, the Netherlands and Luxemburg | United Nations Economic and Social Council, May 14, 1947 | United Nations. Economic and Social Council | 14/05/1947 | official documents | E/PC/T/W.68 and E/PC/T/W/23-81 | https://exhibits.stanford.edu/gatt/catalog/fm306cp2795 | fm306cp2795_90050199.xml | GATT_153 | 0 | 0 | |
GATT Library | wb127sh3118 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Draft Charter. Article 17. Anti-Dumping and Countervailing Duties Amendment proposed by the Delegations of Belgium, the Netherlands and Luxemburg | United Nations Economic and Social Council, May 14, 1947 | United Nations. Economic and Social Council | 14/05/1947 | official documents | E/PC/T/W.68 and E/PC/T/W/23-81 | https://exhibits.stanford.edu/gatt/catalog/wb127sh3118 | wb127sh3118_90050199.xml | GATT_153 | 246 | 1,728 | UNITED NATIONS NATIONS UNIES RESTRICTED E/PC/T/W.68.
ECONOMIC CONSILE 14 May, 1947.
AND ECONOMIQUE
SOCIAL COUNCIL ET SOCIAL
SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT.
DRAFT CHARTER
Article 17
Anti-Dumping and Countervailing Duties
Amendment proposed by the Delegations of
Belgium, the Netherlands and Luxemburg.
1. In paragraph 1, delete the following words: "either (b)
the highest comparable price at which the like product is sold
for export to any third country in the ordinary corse of
commerce, or .. " For the letter (c)" substitute "(b)".
2. Paragraph 3 to be worded as follows:
"No product of' any Member country imported into any
other Member country shall be subject to anti-dumping
duties or charges, countervaling duties or other
and-dumping measures, by reason of the exemption of
such product from duties of taxes imposed in thei
country of origin or exportation upon the like product
when consumed domestically, or yv reason of th erefun,
directly or indirectly, of the duties or taxes levied
on such procucts.
3. In paragraph 4, the words: "to both anti-dumping and
countervaling duties"' to be replaced by: "to anti-dumping duties
or charges, countervailing duties or other anti-dumping measures."
4. In paragraph 5, the words: "anti-dumping or counter-
vailing duty or charge" to be replaced by: "Anti-dumping duties
or charges, countervailing duties or other anti-dumping measures. "
5. In paragraph 6, the word: "duties" to be replaced by:
"duties or charges".
.TEZ) NATIONS
NAlTIONS' UNIES
REST1EICTEi3D |
GATT Library | tq593gq5958 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Draft Charter. Article 18, 2 (a) | United Nations Economic and Social Council, May 13, 1947 | United Nations. Economic and Social Council | 13/05/1947 | official documents | E/PC/T/W.58 and E/PC/T/W/23-81 | https://exhibits.stanford.edu/gatt/catalog/tq593gq5958 | tq593gq5958_90050187.xml | GATT_153 | 315 | 2,067 | UNITED NATIONS NATIONS UNIES Restricted E/PC/T/W.58
13 May 1947
ECONOMIC CONSEIL
AND ECONOMIQUE
SOCIAL COUNCIL ET SOCIAL
SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT
DRAFT CHARTER
Article 18, 2 (a)
The Delegations of Belgium, France, Luxembourg and the
Netherlands wish to support the proposal of the Canadian dele-
gation appearing in Document E/PC/T/W.24, datod 6 May 1947
and to add the following paragraph thereto :
"In practice, and in the case of an ordinary bona fide
transaction, it shall be permissible for the assessed value
to be determined on the basis of the purchase price shown on
the invoice, charges incurred subsequent to the purchase of the
goods being taken into account when necessary (but without
adding the amount of taxes and duties levied in the importing
country, if these are included in tho price). This shall only
apply, however, if this price is not lower than the value
resulting from the application of tho foregoing definition".
SECONDE SESSION DE LA COMMISSION PREPARATOIRE
DE LA CONFERENCE DU COMMERCE ET DE L'EMPLOI
DE L'ORGANISATION DES NATIONS UNIES
PROJET DE CHARTE
Article 18, 2 (a)
Les Délégations de la Belgique, de la France, du
Luxembourg et des Pays-Bas désirent appuyor la proposition de
la Délégation canadienne reproduite dans le document E/PC/T/W.24,
on date du 6 mai 1947, enjoy ajoutant l'alinéa suivant :
"Dans la pratique, et pour autant qu'il s'agira d'une
transaction normal effectuée bona ride, on pourra admettre quo
la valeur imposable sera déterminée d'après le prix d'achat
figurant dans la facture, compte-tenu, le cas échéant, des
frais qui ont grevé la merchandise postérieurement à l'achat
(mais sans y ajouter le montant des impôts et taxes perçus au
pays d'importation, s'ils sont inclus dans le prix). Il n'en
sera cependant ainsi que si ce prix n'est pas inféricur à la
valeur qui résulte de la dèfinition donnéo ci-dessus". |
GATT Library | jv741vx8828 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Draft Charter. Article 18. Tariff Valuation. Amendment proposed by the Delegations of France, Belgium, the Netherlands and Luxembourg | United Nations Economic and Social Council, May 7, 1947 | United Nations. Economic and Social Council | 07/05/1947 | official documents | E/PC/T/W.37 and E/PC/T/W/23-81 | https://exhibits.stanford.edu/gatt/catalog/jv741vx8828 | jv741vx8828_90050165.xml | GATT_153 | 145 | 1,210 | UNITED NATIONS NATIONS UNIES RESTRICTED
E/PC/T/W.37
ECONOMIC CONSEIL 7 May 1947
AND ECONOMIQUE ORIGINAL: FRENCH
SOCIAL COUNCIL ET SOCIAL
SECOND SESSION OF THE PREPARATORY COMMITTEE
OF THE UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT
Draft Charter
Article 18
Tariff Valuation
Amendment proposed by the Delegations of
FRANCE, BELGIUM, the NETHERLANDS and LUXEMBOURG.
Paragraph 2 (d) Line 2. Before "charges" insert "or other."
Line 5. Before the word "to" insert the
words "in order when necessary."
Reasons
- Amendments of form only.
The beginning of the phrase "based upon or regulated,"
etc. has been amended to bring the wording into line with
that used in paragraph 1 and at the beginning of paragraph 2.
The words "when necessary" have been added because in
some cases, as for instance when there are only restrictions
based upon value, the products concerned may not be subject
to customs duty. |
GATT Library | xf308dg8140 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Draft Charter. Article 18. Tariff Valuation. Amendment proposed by the Delemations of France, Belgium, the Netherlands and Luxembourg | United Nations Economic and Social Council, May 7, 1947 | United Nations. Economic and Social Council | 07/05/1947 | official documents | E/PC/T/W.36 and E/PC/T/W/23-81 | https://exhibits.stanford.edu/gatt/catalog/xf308dg8140 | xf308dg8140_90050164.xml | GATT_153 | 173 | 1,249 | UNITED NATIONS NATIONS UNIES
ECONOMIC . CONSEIL RESTRICTED
AND ECONOMIQUE E/PC/T/W.36
SOCIAL COUNCIL ET SOCIAL 7 May 1947 ORIGINAL: FRENCH
SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT.
Draft Charter
Article 18
Tariff Valuation
Amendment proposed by the Delemations of FRANCE,
BELGIUM, THE NETHERLANDS and LUXEMBOURG.
Paragraph 2c) - This paragraph should be re-worded
as follows:
"c) In converting the value of any imported produot
from one currency to another for the purpose of assessing
duty, the rate of exchange to be used should be that fixed
by the monetary agreements or by decisions of the Monetary
Fund".
Reasons
The words underlined have been added to the text of
the Drafting Committee. The sole purpose of this addition
is to specify, as was done in London during the discussions,
that when an exchange rate has been fixed by a bi-lateral or
multilateral agreement, that rate is to be applied at the
Customs in converting invoice prices in foreign currency
into the currency of the importing country. |
GATT Library | wh732hw9779 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Draft Charter. Article 18:2 (c). Amendment proposed by the United Kingdom Delegation | United Nations Economic and Social Council, June 3, 1947 | United Nations. Economic and Social Council | 03/06/1947 | official documents | E/PC/T/W.158 and E/PC/T/W/151-176 | https://exhibits.stanford.edu/gatt/catalog/wh732hw9779 | wh732hw9779_90050295.xml | GATT_153 | 172 | 1,163 | UNITED NATIONS NATIONS UNIES RESTRICTED
ECONOMIC CONSEIL E/PC/T/W.158
AND ECONOMIQUE 3 June 1947
SOCIAL COUNCIL ET SOCIAL ORIGINAL: ENGLISH.
SECOND SLSSION OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT.
DRAFT CHARTER
Article 18:2 (c)
Amendment proposed by the United Kingdom Delegation
With reference to the statement made on 27th May
to the Working Party by the representative of the I.M.F.,
the U.K. Delegation suggest that the draft paragraph then
put forward should be amended to make it clear that it is
a piece of machinery incidental to paragraph 18 (2)(a)
and not in itself a main proposition, as follows:-
"Where it is necessary for the purposes of paragraph
2(a) of this Article to convert a price expressed in
a foreign currency, the rate of exchange to be used
should be based on the par value of the foreign curr-
ency, established pursuant to the articles of agree-
ment of the International Monetary Fund or by special
exchange agreement pursuant to Article 29 of the
Charter."
.
. |
GATT Library | vw249px4366 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Draft Charter. Article 18:2 (c). Amendment proposed by the United Kingdom Delegation | United Nations Economic and Social Council, June 3, 1947 | United Nations. Economic and Social Council | 03/06/1947 | official documents | E/PC/T/W.158 and E/PC/T/W/151-176 | https://exhibits.stanford.edu/gatt/catalog/vw249px4366 | vw249px4366_90050295.xml | GATT_153 | 0 | 0 | |
GATT Library | rv246gj9388 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Draft Charter. Article 18.2(a) | United Nations Economic and Social Council, May 10, 1947 | United Nations. Economic and Social Council | 10/05/1947 | official documents | E/PC/T/W.57 and E/PC/T/W/23-81 | https://exhibits.stanford.edu/gatt/catalog/rv246gj9388 | rv246gj9388_90050186.xml | GATT_153 | 193 | 1,514 | UNITED NATIONS NATIONS UNIES RESTRICTED
ECONOMIC CONSEIL E/PC/T/W.57
10 May 1947
SOCIAL COUNCIL ECONOMIQUE ORIGINAL: ENGLISH
SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPOYMENT
Draft Charter
Article 18.2(a)
The South African Delegation desires to support
the proposal of the Canadian Deleeatiçn set forth in 'document
No.E/PC/T/W/24 of 6th May, 1947, with the following amendments:
1. In the second paragraph, for the words
"in comparable quantities" substitute
the words "in either comparable or fair
average wholesale quantities"
2. By the insertion of the following new
third paragraph, the existing third
paragraph to become the fourth paragraph:
"The method for definition of
quantities chosen shall be maintained
to the exclusion of the other
throughout".
3. By the addition of the following new fifth
paragraph:
"At the discretion of the government
of the country ,of importation, an
alternative basis of valuation for
duty purposes should be the actual
money price paid ir to be paid for
the goods by the importer plus any
special discount or allowance or
other special deduction which the
legislation of the country of
importation prescribes shall be
included in the value for duty".
. |
GATT Library | zf289gh4771 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Draft Charter. Article 19. Customs formalities. Amendment proposed by the Delegations of France, Belgium, the Netherlands and Luxemburg | United Nations Economic and Social Council, May 7, 1947 | United Nations. Economic and Social Council | 07/05/1947 | official documents | E/PC/T/W.38 and E/PC/T/W/23-81 | https://exhibits.stanford.edu/gatt/catalog/zf289gh4771 | zf289gh4771_90050167.xml | GATT_153 | 68 | 474 | UNITED NATIONS
ECONOMIC
AND
SOCIAL COUNCIL
CONSEIL
ECONOMIQUE
ET SOCIAL
E/PC/T/W.38
7 May 1947
ORIGINAL : FRENCH
SECOND SESSION OF THE PREPARATORY COMMITTEE
OF THE UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT
Draft Charter
Article 19
Customs formalities.
Amendment proposed by the Delegations of FRANCE,
BELGIUM, the NETHERLANDS and LUXEMBURG.
Paragraphs 1, 2, and 4.
Changes of wording which do not affect the English text.
NATIONS UNIES
RESTRICTED |
GATT Library | rp992vh3309 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Draft Charter. Article 19. Customs formalities. Amendment proposed by the Delegations of France, Belgium, the Netherlands and Luxemburg | United Nations Economic and Social Council, May 7, 1947 | United Nations. Economic and Social Council | 07/05/1947 | official documents | E/PC/T/W.38 and E/PC/T/W/23-81 | https://exhibits.stanford.edu/gatt/catalog/rp992vh3309 | rp992vh3309_90050167.xml | GATT_153 | 0 | 0 | |
GATT Library | sx400gs6237 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Draft Charter. Article 20. Marks of Origin. Amendment proposed by the French 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.40 and E/PC/T/W/23-81 | https://exhibits.stanford.edu/gatt/catalog/sx400gs6237 | sx400gs6237_90050169.xml | GATT_153 | 255 | 1,797 | ECONOMIC CONSEIL E/PC/T/W.40
7 May 1947
AND ECONOMIQUE ORIGINAL: FRENCH
SOCIAL COUNCIL ET SOCIAL
SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT.
Draft Charter
Article 20
Marks of Origin.
Amendment proposed by the French Delegation.
Reword Paragraph 7 as follows:
"7. Members agree to grant suitable protection under
their domestic legislation to those trade names and marks of
origin and quality which are recognized and protected by the
domestic legislation of the country of origin. They shall,
for this purpose, transmit to the Organization a list of such
marks and trade marks as are protected by their domestic leg-
islation and for which they wish to secure protection in im-
porting countries. They undertake further to take part in any
conference called by the Organization to secure effective
international protection for marks of origin".
Reasons.
The French delegation again proposer: the amendment it
submitted in London, and which is reproduced incorrectly in
the French version) in the Drafting Committee's Comments on
paragraph 7(a).
It feels, moreover, that even should Article 20 not be
embodied in the general agreement on Customs tariffs, the pro-
visions repeated above ought to be included. The requests put
forward by France in the course of the tariff negotiations
relate precisely to products such as champagne and cognac which
are protected by the French law on marks of origin, and any
concessions accorded to such commodities would be rendered
nugatory if they were liable to abuse by other products.
NATlONS UNIES
UNITED NATIONS
RESTRICTED |
GATT Library | gc119st2442 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Draft Charter. Article 21. Publication and Admininistration of Trade Regulations Advance Notice of Restrictive Regulations. Amendment proposed by the Delegations of France, Belgium, the Netherlands and Luxemburg | United Nations Economic and Social Council, May 7, 1947 | United Nations. Economic and Social Council | 07/05/1947 | official documents | E/PC/T/W.41 and E/PC/T/W/23-81 | https://exhibits.stanford.edu/gatt/catalog/gc119st2442 | gc119st2442_90050170.xml | GATT_153 | 76 | 559 | UNITED NATIONS
ECONOMIC
AND
SOCIAL COUNCIL
NATIONS UNIES
CONSEIL
ECONOMIQUE
ET SOCIAL
RESTRICTED
E/PC/T/W.41
7 May 1947
ORIGINAL: ENGLISH
SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENET
Draft Charter
Article 21
Publication and Admininistration of Trade Regulations
Advance Notice of Restrictive
Regulations
Amendment proposed by the Delegations of FRANCE, BELGIUM,
the NTHERLANDS and LUXEMBURG.
Paragraph 1.
Changes of wording in French version which do not affect
the English text. |
GATT Library | tn905bt1998 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Draft Charter. Article 21. Publication and Administration of Trade Regulations. Advance Notice of Restrictive Regulations. Amendment proposed by the Delegations of France, Belgium, the Netherlands and Luxembourg | United Nations Economic and Social Council, May 7, 1947 | United Nations. Economic and Social Council | 07/05/1947 | official documents | E/PC/T/W/43 and E/PC/T/W/23-81 | https://exhibits.stanford.edu/gatt/catalog/tn905bt1998 | tn905bt1998_90050172.xml | GATT_153 | 139 | 1,083 | UNITED NATIONS NATIONS UNIES RESTRICTED
ECONOMIC CONSEIL 7 May 1947
AND ECONOMIQUE ORIGINAL: FRENCH
SOCIAL COUNCIL ET SOCIAL
SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFERNCE ON TRADE AND EMPLOYMENT.
Draft Charter
Article 21
Publication and Administration of Trade Regulations
Advance Notice of Restrictive Regulations
Amendment proposed by the Delegations of FRANCE,
BELGIUM, the NETHERLANDS and LUXEMBOURG.
Delete paragraph 3 and the second half of the
title of Article 21.
Reasons - As noted in Document E/PC/T/Cll/54, this
paragraph was rejected in London by a majority of
the states represented on the Preparatory Committee.
In its present rigid form it is unacceptable. If
retained, the paragraph should be made more flexible,
and an exception allowed for emergency measures when
the economic stability of an importing country is
seriously threatened, especially where essential
agricultural products are concerned. |
GATT Library | ts391jx1019 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Draft Charter. Article 21. Publication and Administration of Trade Regulations.a Amendment proposed by the Delegations of France, Belgium, the Netherlands and Luxembourg | United Nations Economic and Social Council, May 7, 1947 | United Nations. Economic and Social Council | 07/05/1947 | official documents | E/PC/T/W.42 and E/PC/T/W/23-81 | https://exhibits.stanford.edu/gatt/catalog/ts391jx1019 | ts391jx1019_90050171.xml | GATT_153 | 150 | 1,133 | UNlTED NATIONS NATIONS UNIES RESTRICTED
E/PC/T/W.42
ECONOMIC CONSEIL 7 May 1947
AND ECONOMIQUE ORIGINAL: FRENCH
SOCIAL COUNCIL ET SOCIAL
SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRAD AND EMPLOYMENT.
Draft Charter
Article 21
Publication and Administration of Trade Regulations
Amendment proposed by the Delegations of FRANCE,
BELGIUM, the NETHERLANDS and LUXEMBOURG
Insert a new paragraph 2(a) worded as follows:
"2(a). The Organisation shall be responsible for
collecting, analysing and publishing in the most
accessible form all laws, regulations and decisions
concerning foreign trade and for the periodical
collection, in the form of detailed studies, of
information concerning the regulations of Member
states on a given point."
Reasons - The purpose of this amendment is to
incorporate in the text of the Charter remarks made
by the Drafting Committee in its comments under
paragraph 1. These are points on which there was
unanimous agreement in London. |
GATT Library | ys847vr6532 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Draft Charter. Article 25. Amendment proposed by the United Kingdom Delegation | United Nations Economic and Social Council, June 21, 1947 | United Nations. Economic and Social Council | 21/06/1947 | official documents | E/PC/T/W/212 and E/PC/T/W/208-220 | https://exhibits.stanford.edu/gatt/catalog/ys847vr6532 | ys847vr6532_90050359.xml | GATT_153 | 0 | 0 | |
GATT Library | wj534sz2565 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Draft Charter. Article 25. Amendment proposed by the United Kingdom Delegation | United Nations Economic and Social Council, June 21, 1947 | United Nations. Economic and Social Council | 21/06/1947 | official documents | E/PC/T/W/212 and E/PC/T/W/208-220 | https://exhibits.stanford.edu/gatt/catalog/wj534sz2565 | wj534sz2565_90050359.xml | GATT_153 | 262 | 1,889 | UNITED NATIONS NATIONS UNIES RESTRICTED E/PC/T/W/212
ECONOMIC CONSEIL 21 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
Draft Charter
ARTICLE 25
Amendment proposed by the United Kingdom Delegation
ARTICLE 25, paragraph 2.
Sub-paragraph (d) should be transferred to Article 37
where it might be inserted after item (g) in the following
form:-
"undertaken in pursuance of obligations under inter-
governmental commodity arrangements ammended in accordance
with the provisions of Chapter VII"
Comment See E/PC/T/W/137 and the remarks of the United Kingdom
Delegate at the 5th Meeting of Commission B (E/PC/T/B/PV/5)
pages 44 and 45.
Sub-paragraph (e). The United Kingdom Delegation will
wish to raise two points of interpretation in regard to this
sub-paragraph.
DEUXIEME SESSION DE LA COMMISSION PREPARATOIRE
DE LA CONFERENCE DU COMMERCE ET DE L'EMPLOI
DE L'ORGANISATION DES NATIONS UNIES
Projet de Charte
ARTICLE 25
Amendment propose par la Délégation du Royame-Uni
ARTICLE 25, Paragraphe 2
L'alinéa (d) devrait etre transféré à l'article 37 ou il
pourrait être inséré à la suite du point (g), sous la forme
suivante :
"prises en vertu des obligations découlant des ententes
intergouvernementales sur les produits de base conclues
conformément aux dispositions du Chapitre VII".
Exposé des motifs : Voir E/PC/T/W/137 et les observations formulées
par le délégué du Royaume-Uni à la cinquième seance de la
Commission B (E/PC/T/B/PV 5), pages 38 et 39.
Alinéa (e). La délégation du Royaume-Uni se propose de
soulever deux questions d'interprétation à propos de cet
alinéa.
.
UN'TED NATIlONS
NATIONS UN.ES |
GATT Library | sj015wm0473 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Draft Charter. Article 25. Paragraph 2 - Amendment proposed by Australian Delegation | United Nations Economic and Social Council, June 21, 1947 | United Nations. Economic and Social Council | 21/06/1947 | official documents | E/PC/T/W/218 and E/PC/T/W/208-220 | https://exhibits.stanford.edu/gatt/catalog/sj015wm0473 | sj015wm0473_90050365.xml | GATT_153 | 116 | 779 | UNITED NATIONS
ECONOMIC
AND
SOCIAL COUNCIL
NATIONS UNIES
CONSEIL
ECONOMIQUE
ET SOCIAL
RESTRICTED
E/PC/T/W/218
21 June 1947
ORIGINAL: ENGLISH
SECOND SESSION OF THE PREPARTORY COMMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT
DRAFT CHARTER
ARTICLE 25. Paragraph 2 - Amendment
proposed by Australian Delegation
25. 2. (b) "Export prohibitions or restrictions
temporarily applied to prevent or relieve critical short-
ages of foodstuffs or other essential products in the
exporting Member country".
COMMENT: -
It is felt that the wording of this sub-paragraph
should make it clear that a Member may take action when
a critical shortage is clearly about to arise unless
remedial action is taken rather than wait until it has
actually arisen. |
GATT Library | rr139hd2005 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Draft Charter. Article 26 | United Nations Economic and Social Council, June 21, 1947 | United Nations. Economic and Social Council | 21/06/1947 | official documents | E/PC/T/W/2l5 and E/PC/T/W/208-220 | https://exhibits.stanford.edu/gatt/catalog/rr139hd2005 | rr139hd2005_90050362.xml | GATT_153 | 746 | 5,047 | UNITED NATIONS NATIONS UNIES
ECCONOMIC CONSEIL RESTRICTED
AND ECONOMIQUE E/PC/T/W/2l5
21 June 1947
SOCIAL COUNCIL ET SOCIAL ORIGINAL: eNGLISE
SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONERENCE ON TRADE AMD AND EMPLOYMENT.
DRAFT CHARTER
Article 26
The Australian Delegation submits the following proposals
for amendment of Article 26.
Paragraph 1. Second Sentence:
"...... Accordingly, notwithstanding the provisions of
Article 25, any Member, in order to safeguard its external
financial position and balance of payments, may restrict the
quantity or value of merchandise permitted to be imported
insofar as this is necessary to safeguard its balance of
payments and monetary reserves."
Paragraph 2(a). Second Sentence:
"...... In determining the extent and severity of
restrictions, due regard should be paid in each case to
any special factors which, may be affecting the level of
the Member's reserves, to any commitments.or other circum-
stances which may be affecting its need for reserves, and
to any special credits or other resources which may be
available to protect its reserves."
COMMENT:
The existing werding of paragraph 1 provides that
import restrictions may be imposed "insofar as this is
necessary" to safeguard the Member's position. Paragraph 2
sets out the requirements limiting the application and the
extent of the restrictions, according to the circumstances
of the Member. The words quoted from paragraph 1
presumably were not intended to have force in themselves,
since paragraph 2 covers the same point in greater detail.
There may possibly be some risk, however, that they could
be interpreted to mean that import restrictions were not
necessary" (and therefore were not permitted) until every
other possible corrective measure (such as exchange
control, exchange depreciation, etc.) had been tried and
found inadequate. E/PC/T/W/215
page 2
The charge proposed in paragraph 2 (a) is similarly
designed to remove the possible interpretation that
restrictions could be disallowed on the ground that,
for example, the Member's currency was thought to be
over-valued, and this constituted a "special factor"
affecting the level of its reserves.
It remains clear, of course, that the Organization
has the right, during the course of consultation with the
Member under paragraphs 3 (a) or 3 (b), f ully to discuss
and recommend alternative action which the Member might
take to meet its difficulties.
Paragraph 2(c):
"As far as is reasonably practicable, the Members
shall not apply the restrictions in such a manner as
to exclude completely imports of any Product class of
goods ."
Comment:
The purpose of this sub-paragraph was primarily to
avoid unnecessary damage to the commercial interests of other
Members, by ensuring that goods should not be excluded
completely from an accustomed market. It is suggested,
however, that for administrative reasons some flexibility
should be allowed.
The word "product" is suggested instead of "class of
goods", because the latter phrase has a very wide meaning
in most customs classifications.
Paragraph 3 (c): Final Sentence:
. To the extent to which such approval has
been given, the provisions of sub-paragraph (a) of
this paragraph shall not apply, and the action of
the Member applying restrictions shall not be open to
challenge under sub-paragraph (d) on the ground that
such action is inconsistent with the provisions of
paragraphs 1 and 2 of this Article."
Comment
If a Member has obtained the prior approval of the
Organization for restrictions, after consultation in terms
of paragraph 3 (c), it seems unnecessairy and undesirable
that the Member should be required to consult again before
actually introducing restrictions. It may be noted that
paragraph 3(b) gives the Organization the right to consult
at any time with any Member which is in fact applying
restrictions. E/PC/T/W/215
page 3
Paragraph 4:
"[In giving effect to the restrictions on imports
under this Article. A Membar applying import restrictions
in accordance with paragraphs 1 and 2 of this Article
may restrict imports of products according to their
relative essentiality] determine the scope, severity and
incidence of the restrictions, in relation to imports of
different products or classes of products, in such a way
as to give priority to the importation of these product
which are more essential in the light of [required by ]]
its dmestic employment, reconstructions development or e or
social policand -uid paogr&mmes. In so doinge tho Member
shalletakl account oe ehà affects of its restrictions
cn economiesniis ofertheo Mombeas, nnall seek to3k t
vo[all]funnecessaryedamage mgu to [the commercial]7
teoirinterests [of other eomeors].
omment:t
This eo-wording isintendedd toclarifyy the meaning
and purpose ot tea aragraphh.
21st Juea, 1947. |
GATT Library | ng986zt6523 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Draft Charter. Article 26. Amendment proposed by the French Delegation | United Nations Economic and Social Council, June 21, 1947 | United Nations. Economic and Social Council | 21/06/1947 | official documents | E/PC/T/W/213 and E/PC/T/W/208-220 | https://exhibits.stanford.edu/gatt/catalog/ng986zt6523 | ng986zt6523_90050360.xml | GATT_153 | 291 | 2,120 | UNITED NATIONS NATIONS UNIES RESTRICTED
E/PC/T/W/213
ECONOMIC CONSEIL 21 June 1947
AND ECONOMIQUE ORIGINAL : FRENCH
SOCIAL COUNCIL ET SOCIAL
SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT.
DRAFT CHARTER
Article 26
Amendment proposed by the French Delegation
1. The Members may need to use import restrictions as a
means of safeguarding their external financial position and
as a step toward the restoration of equilibrium in their
normal balance of payments on a sound and lasting basis,
particularly in view of their increased demand for imports
needed to carry out their domestic employment, reconstruction,
development or social policies. Accordingly, notwithstanding
the provisions of Article 25, any Member may restrict the
quantity or value of merchandise permitted to be imported
insofar as this is necessary to safeguard its monetary
resources and restore equilibrium in its normal balance of
payments.
2. The use of import restrictions under paragraph 1 of
this Article shall be subject to the following requirements:
(a) Delete the words in brackets. The text would read
as follows: "No Member shall institute any new
restrictions or intensify ......".
(b) The Members shall progressively eliminate the
restrictions as the conditions which justified
their institution and intensification under
P.T.O. E/PC/T/W/213
page 2
sub-paragraph (a) improve. They shall remove the
restrictions when, subsequent to this-progressive
elimination, they are in a position to satisfy, a
free demand for imports without impairing their
normal balance of payments or Jeopardising their
monetary reserves.
(c) .........
unchanged.
3- (a)
(b)
(c)
(d)
.
.
.
.
.
unchanged
(e) The Organization, when intervening under sub-
paragraph (b) or making recommendations under
sub-paragraph (d), ......
4. In giving effect to the restrictions on imports under
paragraph 1 of this Article ......... |
GATT Library | xs229dn9671 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Draft Charter. Article 26. Czechoslovak Delegation. Amendments to Article 26 | United Nations Economic and Social Council, June 21, 1947 | United Nations. Economic and Social Council | 21/06/1947 | official documents | E/PC/T/W/217 and E/PC/T/W/208-220 | https://exhibits.stanford.edu/gatt/catalog/xs229dn9671 | xs229dn9671_90050364.xml | GATT_153 | 536 | 3,809 | UNITED NATlONS NATIONS UNIES RESTRICTED
ECONOMIC CONSEIL E/PC/T/W/217
AND ECONOMIQUE 21 June 1947
SOCIAL COUNCIL ET SOCIAL ORIGINAL:ENGLISH
SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT
DRAFT CHARTER.
Article 26
Czechoslovak Delegation.
Amendments to Article 26.
Par. 1. The Members may need to use import or export re-
strictions as a means of safeguarding their external financial
position and as a step toward the restoration of equilibrium
in their balance of payments on a sound and lasting basis,
particularly in view of their increased demand of imports
or exports needed to carry out their domestic employment,
reconstruction, development or social policies. Accordingly,
notwithstanding the provisions of Article 25, any Member may
restrict the quantity or value of merchandise permitted to
be imported or exported Insofar as this is necessary to
safeguard its balance of payments and monetary reserves.
Par. 2. The use of Import or export restrictions under
paragraph 1 of this Article shall be subject to following
requirements:.....
a) .....
b).....
c) The Members shall not apply, the restrictions in such a
manner as to exclude completely imports or exports of any
class of goods.
3. (a) .......
(b) The Organization may at any time invite any Member E/PC/T/W/217
page 2
applying import or export restrictions under .....
(c).......
(d) Any Member which considers that any other Member is
applying import or export restrictions under.
(e) .....
4. In giving effect to the restrictions on imports or exported
under this Article, a Member may restrict imports or exports of
products according to their relative essentiality in such a way
as to give priority to importation or exportation of products
required by its domestic employment reconstruction, development
or social policies or programmes.
5. If there is persistent and widespread application of
Import or export restrictions under this Article .....
6......
7. Throughout this Section the phrase "import or export
restrictions" includes the restriction of imports or exports
by state-trading enterprises to an extent greater than that
which would be permissible under Article 32.
Comment:
The underlying principle of Article 26 is the pro-
tection of the balance of payments and monetary reserves.
It is being generally understood that the term "monetary
reserves" includes gold and convertible currencies. The
safeguarding of the balance of payments and monetary reserves
can be in principle approached from two different Angles:
a) Restrictions on imports from countries with convertible
currencies.
b) Restrictions on exported to countries with inconvertible
currencies.
The consequence of the division of the world in two parts i.e.
one part with convertible currencies and the other part with
incovertible currencies is a disequilibrium of the price
levels in these two parts. Thus, there prevails a natural
tendency to purchase primary commodities in countries with
convertible currencies, where prices are more advantageous E/PC/T/W/217
Page 3
and sell manufactured products to countries with
inconvertible currencies. Exporters acting in
accordance to "commercial considerations", are being
attracted by prices in countries with inconvertible
currencies and neglecting trade in countries with
convertible currencies. The present Draft Chapter
does not respect the difficulties which arise from
the drain of exportations to countries with inconvert-
ible currencies.
For these reasons the Czechoslovak Delegation
has suggested the above-mentioned amendments. |
GATT Library | yv393ks9267 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Draft Charter. Article 28 | United Nations Economic and Social Council, June 21, 1947 | United Nations. Economic and Social Council | 21/06/1947 | official documents | E/PC/T/W/214 and E/PC/T/W/208-220 | https://exhibits.stanford.edu/gatt/catalog/yv393ks9267 | yv393ks9267_90050361.xml | GATT_153 | 683 | 4,502 | UNITED NATIONS NATIONS UNIES RESTRICGTED
ECONOMIC CONSEIL E/PC/T/W/214 21 June, 1947
AND ECONOMIQUE Original: ENGLISH
SOCIAL COUNCIL ET SOCIAL
SECOND SESSION OF THE PREPAPRTORY COMMIITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT.
DRAFT CHARTER.
Article 28
The Australian Delegation submits the following proposals
for amendment of Article 28 -
28. l()e
Restrictions in accordance with article 26 which both (i)
provide a Member with additional imports above the maximum
total of imports which it could afford in the light of the
requirements of paragraph 2 of article 26, if its restrictions
were consistent with Article 27, and (ii) have equivalent
effect to exchange restrictions which are permitted to that
Member under the Articles of agreement of the International
Monetary Fund or under the terms of any special exchange
agreement which may have been made batween the Member and
the Organisation under Article 29, provided that a Member
which is not applying restrictions on payments and transfers
for currant international transactions, may apply import
restrictions under (i) of this sub-paragraph in special
circumstances and only with the prior approval of the
Organisation in agreement with the International Monetary
Fund
Comment.
As was explained in the Report of the First Session,
Part 2, Chapter III, Section C, 3(e) to (J), pages 14 and 15 E/PC/T/w/214
Page 2
the purpose in this paragraph was to deal with the problem
arising from the existance of inconvertible curreneies.
However, as was implied in that Report, it is the country
carrying on trade fith other countries which have inconvertible
currencies which needs to exercise discriminstion and not
necessarily the country which itself has an inconvertible
currency.
As the paragraph is at present drafted, it
requires a Membar who wishes to exercise discrimination
either to be already applying discriminatory exchange
restrictions or else to get prior permission for the
discrimination from both the Orignisation and the Monetary Fund.
It is suggested that since exchange restrictions and trade
restrictions are to some extent Alternative methods of
dealing with the same problem, a country sahould not be
required to impose both forms of restriction if one is
sufficient. Moreover, the present draft makes it easier
for a country with an inconvertible currency to exercise
discrimination then it is for a country which has accepted
the obligations of convertibility. It seems likely that
this provision would tend to encourage countries to remain
inconvertible which would be a result quite contrary to
that desired.
28. 2.
If the Organisation finds, after consultation with
the International Monetary Fund on matters within the
competence of the Fund, that airport restrictions or exchange
restrictions on payments and transfers in connection with E/PC/T/W/214
Page 3
imports are being applied by a Member in a discriminatory
manner inconsistent with the exceptions provided under this
Article or in a manner which discriminates unnecessarily against
the trade or another Member country, the Member shall ........ etc.
Comment.
It is suggested that the words enclosed in square brackets
should be deleted for the following reasons -
(a) It gives the Organisation power to disallow exchange
restrictions which may have been specifically allowed
by the .Monetary Fund. Although perhaps unlikely in
practice, it would be possible for the Organisation
thus to deny a Member the right to take action which
it was allowed to do by the Fund which is the body
primarily concerned with exchange restrictions.
(b) Tne inclusion of these words therefore appears to be
inconsistent with the general attitude adopted in
this Section of the Charter that the Monetary Fund
should be left with final responsibility in the
field of exchange regulation. Paragraphs 1, 2 and
6 of Article 26 appear to bear out this general
attitude.
(c) Unless the words in square brackets are deleted from
Article 28. 2, the provisions of Article 29. 6
produce the curious result that the Organisation can
over-ride the opinion of the Monetary fund if the
Member concerned is also a Member of the Fund but
cannot do so if the Member concerned is not a Member
of the Fund, but is operating under a special
exchange agreement.
20th June, 1947. |
GATT Library | tg336pn3329 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Draft Charter. Article 37 | United Nations Economic and Social Council, May 20, 1947 | United Nations. Economic and Social Council | 20/05/1947 | official documents | E/PC/T/W/98 and E/PC/T/W/82-124 | https://exhibits.stanford.edu/gatt/catalog/tg336pn3329 | tg336pn3329_90050230.xml | GATT_153 | 185 | 1,361 | UNITED NATIONS NATIONS UNIES RESTRICTED
ECONOMIC CONSEIL E/PC/T/W/98
AND ECONOMIQUE 20 May 1947
SOCIAL COUNCIL ET SOCIAL
SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE
UNITED NATIONS CONFERENCE ON TRADE AND EMPLOYMENT.
DRAFT CHARTER
Article 37
The Delegation of the United States ot America
submit the following amendment of its amendment of
Article 37 of the New York Draft Charter circulated
6 May 1947 as E/PC/T/W/23:
Delete the reference to (J) of Article 37.
Comment:
The effect of this change is to retain in
Chapter V the exception relating to the conservation
of exhaustible natural resources.
_________________________________________________________
DEUXIEME SESSION DE LA COMMISSION PREPARATOIRE
DE LA CONFERENCE DU COMMERCE ET DE L'EMPLOI
DE L'ORGANISATION DES NATIONS UNIES
PROJET DE CHARTE
Article 37
La Délégation des Etats-Unis d'Amérique propose de
modifier comme suit l'amendement à l'Article 37 du Projet
de Charte de New York, publie le 6 mai 1947 sous la cote
E/PC/T/W/23:
Supprimer la référence à l'alinéa (j) de l'Article 37.
Observation:
En vertu de la présente modification est maintenue au
Chapitre V l'exception relative à la conservation des res-
sources naturelles épuisables.
.ATIONS UNIES ` |
GATT Library | ws180fm8989 | Second session of the Preparatory Committee of the United Nations Conference on Trade and Employment : Draft Charter. Article 37. General Exceptions Chapter V. Amendment proposed by the Delegations of France, Belgium, the Netherlands and Luxembourg | United Nations Economic and Social Council, May 7, 1947 | United Nations. Economic and Social Council | 07/05/1947 | official documents | E/PC/T/W.45 and E/PC/T/W/23-81 | https://exhibits.stanford.edu/gatt/catalog/ws180fm8989 | ws180fm8989_90050174.xml | GATT_153 | 206 | 1,377 | NATIONS UNIES
COUNCIL
CONSEIL
ECONOMIQLE
ET SOCIAL
RESTRICTED
E/PC/T/W.45
7 May 1947
ORIGINAL: FRENCH
SECOND SESSION OF THE PREPARATORY COMMITTEE OF THE
UNITD NATIONS CONFERENCE ON TRADE AND EMPLOYMENT
Draft Charter
Article 37
General Exceptions Chapter V
Amendment proposed by the Delegations of
FRANCE, BELGIUM, the NETHERLANDS and
LUXEMBOURG
1. Introductory paragraph to Art. 37 - For the words
"nothing in Chapter V shall be construed to prevent the adoption
or enforcement by any Member of measures", substitute "Members
shall be entitled to taKe measures".
2. Rearrange the order of Sections and Articles as follows:
Present order
Proposed order
Section F Section I
Section G Section
Section H Section G
Section I Section
Articles 34 and 35 Articles 37
Article 36 Article
Article 37 article
Article 38 Article
F
H
and 38
34
35
36
Reasons - The purpose of the proposed alterations is to
relegate Emergency Provisions - Conssutation (now Section F
Articles 34 and 35) to the end of Chapter V, so as to show clearly
that they apply to the whole chapter, including the provisions on
Contractual Relations with Non-Members, on General Exceptions and
on Territorial Applications (now Sections G, H, and I, Articles
36, 37 and 38).
UNITED NATIONS
ECONOMIC
AND
SOCIAL |
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