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General Agreement on Tariffs and Trade - Multilateral Trade Negotiations (the Uruguay Round): Agreement Establishing the Multilateral Trade Organization [World Trade Organization]

Published online by Cambridge University Press:  27 February 2017

Abstract

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Type
Treaties and Agreements
Copyright
Copyright © American Society of International Law 1994

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References

* [Reproduced from Multilateral Trade Negotiations (The Uruguay Round) Document MTN/FA, Part II, pages 1-14, of December 15, 1993. MTN/FA/Corr. 1 of December 15, 1993, states: “Pursuant to agreement reached on December 15 1993 among the participants in the Uruguay Round negotiations, all references to the 'Multilateral Trade Organizations', or to its abbreviated form 'MTO', should be replaced throughout the Final Act and all its Annexes by the Wording 'World Trade Organization' or 'WTO', respectively.” The Agreement Establishing the World Trade Organization is annexed to the Final Act of the Multilateral Trade Negotiations (The Uruguay Round).

[The Final Act of the Multilateral Trade Negotiations (The Uruguay Round), together with an Introductory Note, appears at 33 I.L.M. 1 (1994). Other documents annexed to the Final Act which are reproduced in this issue of International Legal Materials are: the General Agreement on Tariffs and Trade 1994 and the Uruguay Round Protocol GATT 1994, included under the Agreements on Trade in Goods, which appear at 33 I.L.M. 28 (1994); the Agreement on Trade in Services which appears at 33 I.L.M. 44 (1994); the Agreement on Trade-Related Aspects of Intellectual Property Rights, Including Trade in Counterfeit Goods which appears at 33 I.L.M. 81 (1994); the Understanding on Rules and Procedures Governing the Settlement of Disputes which appears at 33 I.L.M. 112 (1994); and various Ministerial Decisions and Declarations which appear at 33 I.L.M

1 The body concerned shall be deemed to have decided by consensus on a matter submitted for its consideration, if no Member, present at the meeting where the decision is taken, formally objects to the proposed decision.

2 The number of votes of the European Communities and their Member States shall in no case exceed the number of the Member States of the European Communities.

3 Decisions by the General Council when convened as the Dispute Settlement Body shall be made only in accordance with the provisions of paragraph 2.4 of the Understanding on Rules and Procedures Governing the Settlement of Disputes.

4 References to the Ministerial Conference include the General Council.

5 A Decision to grant a waiver in respect of any obligation subject to a transition period or a period for staged implementation that the requesting Member has not performed by the end of the relevant period, shall be made only by consensus.

6 References to the Ministerial Conference include the General Council.

7 Waivers covered by this provision are the following: 1. Argentina (Establishment of a new Schedule LXIV. L/7271. 31.12.93); 2. Australia (Base dates under Article 1:4, BISD 9S/46, no time-limit); 3. Australia (Treatment of Products of Papua New Guinea, BISD 8S/28, no time-limit); 4. Australia (Tariff preference for less developed countries, BISD 14S/23. no time-limit); 5. Bangladesh (Establishment of a new Schedule LXX, L/7272, 31.12.93); 6. Bolivia (Renegotiation of Schedule LXXXIV. L/7151, 31.12.93); 7. Brazil (Establishment of a new Schedule III, L/7273, 31.12.93); 8. Canada (CARIBCAN, BISD33S/97, 15.6.98); 9. Chile (Establishment of a new Schedule VII, L/7274. 31.12.93): 10. Cuba (Provisions of Article XV:6 BISD 13S/23. no time-limit); 11. Egypt (Renegotiation of Schedule LXIII; L/7281. 31.12.93); 12. European Coal and Steel Community (Waiver granted in connection with the ECSC, BISD IS/17, no time-limit); 13. European Communities (Transitional measures to take account of the external economic impact of German unification, L/7246, 31.12.93); 14. France (Trading Arrangements with Morocco. BISD 9S/39, no time-limit); 15. Israel (Establishment of a new Schedule XLM, L/7275, 31.12.93); 16. Jamaica (Margins of preference. BISD 18S/33, no time-limit); 17. Jamaica (Establishment of a new Schedule LXVI, L/7291, 31.7.94); 18. Malawi (Base dates under Article 1:4, BISD 9S/46, no time-limit); 19. Malawi (Renegotiation of Schedule LVIII, L/7152, 31.12.93); 20. Mexico (Establishment of a new Schedule LXXVII, L/7276, 31.12.93); 21. Morocco (Establishment of a new Schedule LXXXI, L/7277, 31.12.93); 22. Pakistan (Establishment of a new Schedule XV, L/7278, 31.12.93); 23. Peru (Establishment of a new Schedule XXXV, L/7245, 31.12.93); 24. Senegal (Renegotiation of Schedule XLIX, L/7282, 31.12.93); 25. South Africa (Base dates under Article 1:4, BISD 9S/46, no time-limit; 26. Sri Lanka (Establishment ofa new Schedule VI, L/7279. 31.12.93); 27. Trinidad and Tobago (Establishment of a new Schedule LXV1I, I./7290, 31.7.94); 28. United Kingdom (Items traditionally admitted free of duty from countries of the Commonwealth, BISD 3S/25, no time-limit): 29. United Kingdom (Special problems of dependent overseas territories, BISD 3S/21, no time-limr:);30. United States (Waiver in respect of products of the Trust Territory of Pacific Islands, BISD Vol.11, page 9, no time-limn);31. United States (Imports of Automotive Products, BISD 14S/37, no time-limit); 32. United States(Caribbean Basin Econorr ic Recovery Act, BISD31S/20, 30.9.95); 33. United States (Andean Trade Preference Act, L/6961, 4.12.2001);34. Uruguay (Renegotiation of Schedule XXXI, L/7280, 31.12.93); 35. Venezuela (Establishment of a new Schedule LXXXVI, L/7316, 30.6.94); 36. Zaire (Renegotiation of Schedule LXVIH, L/7283, 31.12.93); 37. Zambia (Renegotiation of Schedule LXXVin, I./7329, 30.11.95); 38. Zimbabwe (Customs treatment for products of United Kingdom territories, BISD 9S/47, no time-limit); 39. Zimbabwe (Base dates under Article 1:4, BISD9S/46, no time-limit). This list will be modified to take into account waivers granted under the GATT 1947 up to the date of entry into force of this Agreement and waivers hereby listed which will have expired by that time.