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Goods: Other Rules

Goods: Other Rules. Trade-Related Investment Measures State Trading Enterprises Balance-of-Payments Provisions. TRIMS: Background. GATT and Foreign Investment Havana Charter 1955 Resolution on International Investment for Economic Development The FIRA Panel

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Goods: Other Rules

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  1. Goods: Other Rules • Trade-Related Investment Measures • State Trading Enterprises • Balance-of-Payments Provisions

  2. TRIMS: Background • GATT and Foreign Investment • Havana Charter • 1955 Resolution on International Investment for Economic Development • The FIRA Panel • Uruguay Round Negotiations on Trade-Related Investment Measures

  3. TRIMS: Main provisions (1) • Objectives • Limitation of Coverage to Trade in Goods • Lack of a Generic Definition of What is a "Trade-Related Investment Measure" • The TRIMs Agreement and Regulation of Foreign Investment • Basic Substantive Obligations: Article 2 and the Illustrative List • Mandatory and Non-mandatory Measures

  4. TRIMS: Main provisions (2) • Distinction between Paragraphs 1 and 2 of the Illustrative List • TRIMs which are inconsistent with the national treatment obligation of Article III:4 of GATT 1994 • TRIMs which are inconsistent with the prohibition on imposition of quantitative restrictions of Article XI:1 of GATT 1994 • Exceptions • General exceptions • Developing countries

  5. TRIMS: Notifications and Transitional Arrangements • Notification requirements • Notifications received under Article 5.1 • Transition period for the elimination of TRIMs which are inconsistent with the Agreement • Limitation of the benefits of the transition period to existing measures • "Standstill" requirement during the transition period • Possible extension of the transition period

  6. TRIMS: Other provisions • Transparency • Committee on Trade-Related Investment Measures • Dispute Settlement • Review of the TRIMs Agreement: Investment Policy and Competition Policy as Subjects for Future Consideration

  7. STR: Why regulate State trading? • STEs versus private traders • Widespread incidence of State trading • Lack of transparency • Possible negative trade effects

  8. STR: What is a State trading enterprise? • Problem of lack of clarity • Article XVII:1(a) • Definition in the WTO Understanding • Illustrative list being developed

  9. STR: Types of STEs • Statutory marketing boards • Export marketing boards • Regulatory marketing boards • Fiscal monopolies • Canalizing agencies • Foreign trade enterprises • Boards or corporations resulting from nationalized industries

  10. STR: The rules • Where are the rules on State trading? • What do the rules aim to achieve? • Non-discrimination • No quantitative restrictions • Preservation of tariff concessions • Transparency • Article XX(d) and Article XXXVII:3(a)

  11. STR: The Working Party • How does the Working Party fit into the WTO structure? • What does the Working Party do? • Review of notifications • Development of an Illustrative List

  12. STR: Notifications • The Questionnaire • Products covered • Reason and purpose • Description of functions • Statistical information • Explanation if no trade • Frequency of notifications • Counter-notifications

  13. BOP: Legal provisions (1) • Introduction • GATT: Articles XII and XVIII:B • The 1979 Declaration • Strengthened provisions under the WTO

  14. BOP: Legal provisions (2) • Consultations • Procedures for consultation • Full consultation procedures • Simplified consultations

  15. BOP: Documentation • Notifications • Basic Document • Secretariat: Background paper • Contribution by the IMF

  16. BOP: The work of the Committee • Plan of consultations • Special factors • Alternative measures • Conclusions

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