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GATT 1994
Sources:International Trade Law, Time:2014-11-10 21:23, Click:, Comment
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1. The General Agreement on Tariffs    Trade 1994 ("GATT 1994") shall consist of:

 (a) the provisions in the General Agreement on Tariffs a d Trade, dated 30 October 1947, annexed to the Final Act Adopted at

the Conclusion of the Second Session of the Preparatory Committee of the United Nations Conference on Trade   Employment

(excluding the Protocol of Provisional Application), as rectified, amended or modified by the terms of legal instruments which

have entered into force before the date of entry into force of the WTO Agreement

 (b) the provisions of the legal instruments set forth below that have entered into force under the GATT 1947 before the date of

entry into force of the WTO Agreement: 

(i) protocols a d certifications relating to tariff concessions 

(ii) protocols of accession (excluding the provisions (a) concerning provisional application a d withdrawal of provisional

application a d (b) providing that Part II of GATT 1947 shall be applied provisionally to the fullest extent not inconsistent

with legislation existing on the date of the Protocol)

(iii) decisions on waivers granted under Article XXV of GATT 1947 a d still in force on the date of entry into force of the WTO

Agreement[ The waivers covered by this provision are listed in footnote 7 on pages 11 a d 12 in Part II of document MTN/FA of 15

December 1993 a d in MTN/FA/Corr.6 of 21 March 1994. The Ministerial Conference shall establish at its first session a revised

list of waivers covered by this provision that adds any waivers granted under GATT 1947 after 15 December 1993 a d before the

date of entry into force of the WTO Agreement, a d deletes the waivers which will have expired by that time.]

(iv) other decisions of the CONTRACTING PARTIES to GATT 1947

(c) the Understa dings set forth below:

(i) Understa ding on the Interpretation of Article II:1(b) of the General Agreement on Tariffs a d Trade 1994

(ii) Understa ding on the Interpretation of Article XVII of the General Agreement on Tariffs a d Trade 1994

(iii) Understa ding on Balance-of-Payments Provisions of the General Agreement on Tariffs a d Trade 1994

(iv) Understa ding on the Interpretation of Article XXIV of the General Agreement on Tariffs a d Trade 1994

(v) Understa ding in Respect of Waivers of Obligations under the General Agreement on Tariffs a d Trade 1994

(vi) Understa ding on the Interpretation of Article XXVIII of the General Agreement on Tariffs a d Trade 1994 

(d) the Marrakesh Protocol to GATT 1994.

2. Explanatory Notes

 (a) The references to "contracting party" in the provisions of GATT 1994 shall be deemed to read "Member".  The references to

"less-developed contracting party" a d "developed contracting party" shall be deemed to read "developing country Member" a d

"developed country Member".  The references to "Executive Secretary" shall be deemed to read "Director-General of the WTO".

 (b) The references to the CONTRACTING PARTIES acting jointly in Articles XV:1, XV:2, XV:8, XXXVIII a d the Notes Ad Article XII

a d XVIII;  ad  in the provisions on special exchange agreements in Articles XV:2, XV:3, XV:6, XV:7 a d XV:9 of GATT 1994 shall

be deemed to be references to the WTO.  The other functions that the provisions of GATT 1994 assign to the CONTRACTING PARTIES

acting jointly shall be allocated by the Ministerial Conference.

(c) (i) The text of GATT 1994 shall be authentic in English, French a d Spanish.

  (ii) The text of GATT 1994 in the French language shall be subject to the rectifications of terms indicated in Annex A to

document MTN.TNC/41.

  (iii) The authentic text of GATT 1994 in the Spanish language shall be the text in Volume IV of the Basic Instruments a d

Selected Documents series, subject to the rectifications of terms indicated in Annex B to document MTN.TNC/41.

3. (a) The provisions of Part II of GATT 1994 shall not apply to measures taken by a Member under specific ma datory

legislation, enacted by that Member before it became a contracting party to GATT 1947, that prohibits the use, sale or lease of

foreign-built or foreign-reconstructed vessels in commercial applications between points in national waters or the waters of an

exclusive economic zone.  This exemption applies to:  (a) the continuation or prompt renewal of a non-conforming provision of

such legislation;  a d (b) the amendment to a non-conforming provision of such legislation to the extent that the amendment does

not decrease the conformity of the provision with Part II of GATT 1947.  This exemption is limited to measures taken under

legislation described above that is notified a d specified prior to the date of entry into force of the WTO Agreement. such

legislation is subsequently modified to decrease its conformity with Part II of GATT 1994, it will no longer qualify for

coverage under this paragraph. 

 (b) The Ministerial Conference shall review this exemption not later than five years after the date of entry into force of the

WTO Agreement a d thereafter every two years for as long as the exemption is in force for the purpose of examining whether the

conditions which created the need for the exemption still prevail.

 (c) A Member whose measures are covered by this exemption shall annually submit a detailed statistical notification consisting

of a five-year moving average of actual a d expected deliveries of relevant vessels as well as additional information on the

use, sale, lease or repair of relevant vessels covered by this exemption.

 (d) A Member that considers that this exemption operates in such a manner as to justify a reciprocal a d proportionate

limitation on the use, sale, lease or repair of vessels constructed in the territory of the Member invoking the exemption shall

be free to introduce such a limitation subject to prior notification to the Ministerial Conference.

 (e) This exemption is without prejudice to solutions concerning specific aspects of the legislation covered by this exemption

negotiated in sectoral agreements or in other fora.

 

 

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