calculation of subsidy: see
subsidy, calculation in
terms of benefit to recipient (SCM
14)
causation: see determination of injury, requirements (AD
3 and SCM 15), causal
relationship (AD 3.5/SCM
15.5); determination of serious injury or threat thereof,
requirements (SG 4), causation (SG
4.2(b)); quantitative restrictions,
elimination (GATT XI), “prohibition or restriction” (GATT XI:1)
centrally planned economies
trade liberalization in (MD
4)
TRIPS and (TRIPS
65.3)
“certain enterprises” (SCM 2.1)
cinematograph film, screen quotas (GATT
IV)
as exception to national treatment requirement (GATT
III:10)
requirements
cinematographic works, copyright protection (TRIPS
11)
circumvention of quotas: see
Textiles and Clothing
Agreement (ATC), circumvention of quotas (ATC
5)
civil aircraft
non-actionable subsidies (SCM
8.2, footnote)
royalty-based financing and “serious prejudice”
(SCM 6, footnotes 15 and 16)
Civil Aircraft, Agreement on Trade in
claims and arguments: see request for establishment of
panel, requirements (DSU 6.2), legal basis of claim
Codex Alimentarius Commission
SPS 3.4
SPS 12.3
SPS Preamble
coherence in global economic policymaking: see
International Monetary Fund (IMF)/WTO relationship, Declaration on
Coherence in Global Economic Policymaking (1994)
“commercial
services” (GATS XXVIII(d))
Committee on Agriculture
establishment (AG
17)
role and activities
implementation of special safeguards (AG
5.7)
monitoring follow-up to Decision on Measures
Concerning the Possible Negative Effects of the Reform Programme (AG
16.2)
review of implementation of commitments (AG
18)
Committee on Anti-Dumping Practices (AD
16)
Chairman, election (AD
16.1)
composition (AD
16.1)
consult/seek advice, right to (AD
16.3)
“from any source they deem appropriate”
obligation
to inform Member within whose jurisdiction
information is sought
to obtain consent of Member and any firm to be
consulted
establishment (AD
16.1)
meetings, frequency (AD
16.1)
reports to (AD
16.4)
preliminary and final determinations
availability for inspection
six-monthly reports on anti-dumping actions
agreed standard form
role and responsibilities (AD
16.1)
changes in laws, regulation and administration,
duty to inform (AD 18.5)
consultation with Members on operation of
Agreement and furtherance of its objectives (AD
16.1)
review of implementation and operation of AD
Agreement (AD 18.6)
secretariat (AD
16.1)
subsidiary bodies, right to set up (AD
16.2)
Committee on Balance of Payments Restrictions (WTO
IV:7): see
Balance of Payments Restrictions Committee (WTO
IV:7)
Committee on Budget, Finance and Administration (BFA) (WTO
IV:7):
see also budget and contributions (WTO
VII)
establishment
functions
annual budget estimate and financial statement,
review and recommendations (WTO
VII:1)
expenses, adoption of criteria for (DSU
8.11)
Appellate Body (DSU
17.8)
panelists
financial regulations (WTO
VII:2)
Committee on Customs Valuation (VAL
18.1)
Chairman, election
composition
establishment
meetings, frequency
review of implementation and operation of VAL (VAL
23)
Ministerial Decision on texts relating to minimum
values and imports by sole agents, distributors and concessionaires
secretariat
Committee on Government Procurement: see Government
Procurement Agreement (GPA)
Committee on Import Licensing (LIC 4)
Chairman and Vice-Chairman, election
composition
establishment.
meetings
frequency
purpose
role and responsibilities
publication of rules and information concerning
procedures (LIC 1.4(a))
review of implementation and operation of LIC
Agreement (LIC 7)
Committee on Rules of Origin (RO 4.1): see also
Rules of
Origin Agreement (RO); Rules of Origin, Technical Committee
(RO 4.2 and
Annex I)
Chairman, election
establishment (RO 4.1)
information and advice from Technical Committee,
right to seek, secretariat
meetings
frequency
purpose
review of implementation and operation of RO
Parts I, II and III (RO
6.2)
Parts II and III (RO
6.1)
role and responsibilities
amendment to RO Agreement, proposals for (RO 6.2
and 6.3)
harmonization: see rules of origin,
harmonization (RO); Rules of Origin, Technical Committee
(RO 4.2 and
Annex I), Harmonization of Non-Preferential Rules Work Programme
Technical Committee and: see also Rules of
Origin, Technical Committee (RO 4.2 and Annex
I), Committee on Rules of
Origin and
cooperation with (RO
6.3)
information and advice, right to seek
work, right to seek
Committee on Safeguards (SG 13)
annual reports on implementation and
recommendations for improvement (SG
13.1(a))
establishment (SG
13.1)
surveillance obligations
consultations, assistance with (SG
13.1(c))
determination of compliance with procedural
obligations (SG 13.1(b))
as determined by Council for Trade in Goods (SG
13.1(g))
monitoring of implementation of SG Agreement and
recommendations for improvements (SG
13.1(a))
notifications and (SG
12.10/SG 13.1(f))
Secretariat reports on operation of agreement (SG
13.2)
Committee on Sanitary and Phytosanitary Measures (SPS Committee):
see also SPS Agreement
consensus, need for (SPS
12.1)
establishment (SPS
12.1)
exceptions to SPS Agreement, right to grant (SPS
10.3)
functions (SPS
12)
amendment, right to submit proposals for (SPS
12.7)
contact with relevant international organizations
(SPS 12.3)
cooperation with relevant international
organizations (SPS 12.3)
encouragement and facilitation of
ad hoc consultations or negotiations on
specific issues (SPS 12.2)
use of international standards, guidelines or
recommendations (SPS 12.2)
furtherance of SPS objectives
implementation of Agreement
monitoring of international standards (SPS
12.4)
review of implementation and monitoring of SPS
Agreement (SPS 12.7), harmonization
(SPS 3.5) and
review of implementation (SPS
12.7)
obligation to cooperate with (SPS
5.5)
procedures, adoption of those in operation in the
relevant international organizations (SPS
12.5)
right, on initiative of Member, to invite relevant
international organizations to examine specific matters (SPS
12.6)
Committee on Subsidies and Countervailing Measures (SCM Committee) (SCM
24): see also Permanent Group of Experts
(PGE) (SCM 24.3)
Chairman, election (SCM
24.1)
consult/seek advice, right to (SCM
24.5)
“from any source they deem appropriate”
obligation
to inform Member within whose jurisdiction
information is sought
to obtain consent of Member and any firm to be
consulted
establishment (SCM
24.1)
meetings, frequency (SCM
24.1)
membership (SCM
24.1)
notification formats, role in relation to (SCM
25,
footnote 54)
reports (SCM
32.7)
role and responsibilities (SCM
24.1)
examination of SCM 25.11 reports
(SCM 26.2)
non-actionable subsidy, review and recommendations
following unsuccessful consultations (SCM
9.4)
notification of non-actionable subsidies (SCM
8.4)
and
review and implementation of operation of SCM
Agreement (SCM 32.7)
secretariat (SCM
24.1)
subsidiary bodies, right to establish (SCM
24.2)
Committee on Technical Barriers to Trade (TBT
13)
Chairman, election (TBT
13.1)
composition (TBT 13.1)
establishment (TBT
13.1)
meetings, frequency and purpose (TBT
13.1)
recommendations and decisions relating to, review
of implementation (TBT 15.4)
role and responsibilities
amendment to TBT Agreement, proposals for (TBT
15.4)
annual review of operation and implementation (TBT
15.3)
as assigned to it under TBT Agreement or by
Members (TBT 13.1)
duplication between work under TBT Agreement and
other technical bodies, avoidance/minimization (TBT
13.3)
grant of exception to developed country Members (TBT
12.8)
periodic examination of special and differential
treatment under TBT Agreement (TBT 12.9)
triennial review of operation and implementation (TBT
15.4)
working parties and other appropriate bodies,
right to establish (TBT 13.2)
Committee on Trade and Development (WTO
IV:7)
functions
least-developed countries, review of special
provisions in MTAs
Committee on Trade and Environment
cooperation with international and
non-governmental organizations (WTO V)
establishment
participation
terms of reference
Committee on Trade in Financial Services
establishment
Ministerial Decision on
responsibilities
Committee on Trade in Services and the Environment, establishment
Committee on TRIMs (Trade-Related Investment Measures)
Chairman and Vice-Chairman, election (TRIMs
7.1)
composition (TRIMs
7.1)
meetings
at request of Member (TRIMs
7.1)
frequency (TRIMs 7.1)
reports to the Council for Trade in Goods (TRIMs
7.3)
role (TRIMs 7.2)
amendments to agreement, proposals for (TRIMs
9)
application of notified TRIMs to new enterprises (TRIMs
5.7)
consultation on operation and implementation of
TRIMs Agreement (TRIMs 7.2)
notifications (TRIMs 5.1 and
5.2)
review of operation of TRIMs Agreement (TRIMs
9)
Committee on TRIMs (Trade-Related Investment Measures) (TRIMs
7),
establishment (TRIMs 7.1)
Common
Declaration on Rules of Origin: see Rules of Origin
Agreement (RO), preferential rules of origin, Common Declaration
(RO
Annex II)
compensation
for non-compliance with covered agreement or DSB recommendations and
rulings (DSU 22): see also
remedies (TRIPS),
compensation/remuneration for; suspension of concessions for
non-implementation of DSB recommendations and rulings (DSU
22)
as last resort (DSU 3.7/DSU
22.1)
least-developed country Members and (DSU
24.1)
negotiations for (DSU
22.2)
regional and local governments and (DSU
22.9)
voluntary nature (DSU
22.1)
competence (AB) (DSU 17.6)
issues of law/legal interpretations
obligation to address each issue raised (DSU
17.12)
upholding, modification or reversal of legal
findings and conclusions of panel (DSU
17.13)
competence of panels and AB (DSU 3.2), not to add to or
diminish rights and obligations (DSU 3.2/19.2)
competition policy, TRIMs Agreement and (TRIMs
9)
compliance with covered agreement obligations, obligation, as
preferred solution (DSU 22.1)
composition of panel: see panel (composition) (DSU
8);
panel (composition) (PSI 4(c))
computer programs and data, copyright protection (TRIPS 10 and
11)
conciliation: see good offices, conciliation and
mediation (DSU 5)
confidential business information (PSI 2.9-13)
conflicts of interest and (PSI 2.14)
divulgence to government entities contracting or
mandating preshipment entities (PSI 2.11)
obligation of government entities to safeguard
“to the extent that such information is
customarily required for …”
divulgence to government entities contracting or
mandating preshipment inspections (PSI 2.11)
divulgence to third parties (PSI
5.11)
excluded information (PSI
5.12)
internal pricing (PSI
2.12(c))
patent-related manufacturing data (PSI
2.12(a))
profit levels (PSI
2.12(d))
terms of contracts (PSI
2.12(e))
unpublished technical date (PSI
2.12(b))
information already published, generally available
or in the public domain distinguished (PSI
2.9)
procedures/measures to ensure treatment as,
obligation to maintain (PSI 2.9)
information on, obligation to provide on request (PSI
2.10)
jeopardization of effectiveness of procedures,
exclusion
prejudice to legitimate commercial interest,
exclusion
treatment of information received during
preshipment inspection as (PSI 2.9)
voluntary release by exporter (PSI
2.13)
confidential business information (SCM
8.3, footnote 34)
confidential/undisclosed information, protection (TRIPS)
border measures and (TRIPS
57)
dispute settlement and (TRIPS
63.4)
enforcement proceedings and (TRIPS
42, 43.1 and 47)
protection against unfair competition and (TRIPS
39)
obligation (TRIPS
39.1)
pharmaceutical or agricultural chemical products,
protection of data against unfair commercial use (TRIPS
39.3)
right of natural and legal persons to prevent
disclosure contrary to honest commercial practices (TRIPS
39.2)
right of natural and legal persons to prevent
disclosure contrary to honest commercial practices (TRIPS
39.2),
requirements
security exceptions (TRIPS
73(a))
confidentiality of proceedings (DSU 4.6/DSU 14/DSU 17.10/DSU 18.2/ WP 3):
see also consultations (DSU 4);
investigation of conditions for
safeguard measures, requirements (SG 3.1/SG
4.2(c)), confidentiality of
information (SG 3.2); investigation of dumping or countervailing
measures, evidentiary rules (AD 6/SCM
12), confidential information (AD 6.5); safeguard measures (SG/GATT XIX), notification (SG
12),
confidential information and (SG 12.11);
transparency
(GATS III)
AD 17.7
anonymity of individual AB members (DSU
17.11)
anonymity of individual panelists (DSU
14.3/DSU 17.10)
closed session meetings (WP
2)
parties, exclusion from (WP
2)
consultations (DSU 4.6)
designation as confidential (DSU 18.2 and
WP 3)
disclosure of party’s own position (DSU 18.2 and
WP 3)
ex parte communications with panel or
Appellate Body, exclusion (DSU 18.1)
expert review groups (DSU, Appendix
4)
good offices, conciliation and mediation (DSU
5)
non-confidential summary of information (DSU 18.2
and WP 3)
non-confidential summary of information (DSU,
Appendix 4)
panel deliberations (DSU 14.1 and
WP 3)
panel reports, drafting (DSU
14.2/DSU 17.10)
right to seek information (DSU
13.1)
submissions to panel or Appellate Body,
availability to parties (DSU 18.2 and WP 10)
“consensus”
(DSU, footnote 1)
consultation and dispute settlement (AD
17)
consistent resolution of disputes, Ministerial
Decision
consultations on
impeding of AD objective (AD
17.3)
matter affecting operation of AD Agreement (AD
17.2)
nullification or impairment (AD
17.3)
special safeguards (AG
5.7)
Dispute Settlement Understanding, applicability (AD
17.1)
“matter”, referral to DSB (AD
17.4)
referral to DSB, requirements (DSU
17.4)
failure to reach mutually agreed solution
final action by administrative authorities of
importing Member
provisional measure
contrary to AD 7.1
significant impact
request for establishment of panel, requirements (AD
17.5): see request for establishment of panel, requirements (AD
17.5)
consultation and dispute settlement (LIC 6)
GATT XXII and XXIII, applicability (LIC
6)
LIC Preamble
consultation and dispute settlement (PSI)
consultation (PSI 7)
GATT XXII, applicability
dispute settlement (PSI 8)
GATT XIII, applicability
independent review procedures (PSI
4)
administration by independent entity (PSI
4(a))
list of experts (PSI
4(b))
object of review (PSI
4(f))
reasonable measures to ensure establishment and
maintenance
request for panel (PSI
4(c)): see also
panel (PSI)
right to refer to independent review
“shall be expeditious” (PSI
4(g))
views, right to present in person or in writing (PSI
4(f))
PSI Preamble
consultation and dispute settlement (RO)
consultation (RO 7)
dispute settlement (RO
8)
customs classification (RO
4, footnote 6)
“speedy, effective and equitable” (Preamble);
consultation and dispute settlement (RO), “speedy, effective and
equitable” (Preamble)
“speedy, effective and equitable” (Preamble)
consultation and dispute settlement (SCM
30): see also
consultations (SCM 4.1-4) (prohibited subsidies); request for
establishment of panel, requirements (SCM
4.4)
consistent resolution of disputes, Ministerial
Decision
GATT XXII and XIII, applicability
consultation and dispute settlement (SPS
11): see also
information or technical advice, panel’s right to seek (SPS
11.2)
alternative procedures, right of resort to (SPS
11.3)
dispute settlement mechanisms of other
international organizations or under any international agreement
good offices
mediation
applicability of GATT XXII and XXIII (SPS
11.1)
consultation and dispute settlement (TBT
14): see also
expert review groups, rules and procedures (DSU, Appendix
4)
applicability of GATT XXII and XXIII (TBT
14.1)
invocation (TBT 14.4)
alleged failure to achieve satisfactory results
under Articles 3, 4, 7, 8 and 9
“and its trade interests are significantly
affected”
“results”
technical expert group
consultation, right of (Annex 2,
para. 4)
independence of governments and organizations (Annex 2,
para. 3)
information provided to, parties’ right of
access (Annex 2, para. 5)
confidential information, need for authorization
non-confidential summary
information and technical advice, right to seek (Annex 2,
para. 4)
obligation of Member to provide
obligation to inform Member within whose
jurisdiction information or advice is sought
panel, answerability to (Annex 2,
para. 1)
panel’s right to establish (TBT
14.2)
at request of party to the dispute
on own initiative
participation
citizens of parties (Annex 2,
para. 3)
government officials of parties (Annex 2,
para. 3)
in individual capacity (Annex 2,
para. 3)
persons of professional standing and experience in
the field (Annex 2, para. 2)
procedures (TBT 14.3 and
Annex 2)
reports (Annex 2,
para. 6)
final report
submission of draft to Members concerned for
comment
role and responsibilities, assistance in questions
of a technical nature requiring detailed consideration by experts (TBT
14.2)
terms of reference (Annex 2,
para. 1)
consultation and dispute settlement (TRIMs 8)
consultation and dispute settlement (TRIPS
64)
GATT XXII and XXIII, applicability (TRIPS
64.1)
GATT XXIII:1(b) and (c), delayed applicability (TRIPS
64.2)
scope and modalities for complaints under,
examination and recommendations (TRIPS
64.3)
approval by consensus
direct effect following approval (TRIPS
64.3)
consultation and dispute settlement (VAL
19)
confidential information, protection (VAL
19.5)
non-confidential summary
DSU, applicability (VAL
19.1)
request for, grounds (VAL
19.2)
Technical Committee on Customs Valuation, role (VAL 19.3 and
19.4): see also Customs Valuation, Technical
Committee (VAL 18.2 and VAL Annex II), role and responsibilities
consultation (GATS XXII)
DSU, applicability (GATS
XXII:1)
obligation to offer opportunity for (GATS
XXII:1)
scope
any matter not resolved under GATS XXII:1
consultation (GATS XXII:2)
double taxation agreement (GATS
XVII), exclusion (GATS
XXII:3)
consultation (GATS XXII)
applicability, AG 19
TBT 14.1
consultations (ATC 6.7)
agreed restraint measure, level of (ATC
6.8)
communication to TMB (ATC
6.9)
failure to reach agreement (ATC
10)
Member’s right to apply measure
time-limits
obligatory nature (ATC
8.4)
provisional application of restraint measures
authorized under ATC 10 (ATC
11) and
notification to TMB of agreed action (ATC
6.11)
referral to TMB
request for
communication to TMB Chairman
prompt response, need for
required information
specific and factual information as up to date as
possible
TMB review and (ATC
6.10)
time-limits (ATC
6.7)
TMB determination (ATC
6.9)
consultations (balance of payments): see
balance of
payments restrictions, consultations (BOPU 13/GATT XII:4/GATT XVIII:12/ GATS XXII:5)
consultations in case of alleged breach of laws and regulations to
prevent or control anti-competitive practices (TRIPS
40.3)
at request of Member whose nationals or
domiciliaries are subject to proceedings (TRIPS
40.4)
by national or domiciliary
confidential information, protection
publicly available non-confidential information,
obligation to supply
consultations (DSU 4)
confidentiality (DSU
4.6)
“corresponding provisions in other covered
agreements” (DSU 4.11 and footnote
4)
developing country Members and (DSU
4.10)
extension of periods agreed under DSU 4.7 and
4.8 (DSU
12.10)
effectiveness, undertaking to improve (DSU
4.1)
establishment of panel, as prerequisite
agreement within 60 day period that consultations
have failed to settle dispute (DSU 4.7)
DSU 4.3
joinder of third parties having “substantial
trade interest” (DSU 4.11)
measure at issue (DSU
4.4)
notification of request for (DSU
4.4)
identification of measure at issue, need for
legal basis for complaint, need for
satisfactory adjustment of matter, obligation to
seek (DSU 4.5)
sympathetic consideration/adequate opportunity for
(DSU 4.2)
time-limits (DSU 4.3)
failure to respond to request for (DSU
4.8)
urgent cases (DSU 4.8)
urgency (including cases concerning perishable
goods) (DSU 4.8)
accelerated proceedings (DSU
4.9)
“without prejudice” nature of obligation (DSU
4.6)
consultations (GATS IX:2) (elimination of restrictive business
practices)
consultations (GATT
XXXVII:2(b)/GATT XXXVII:5)
consultations (SCM 4.1-4) (prohibited subsidies): see also
request for establishment of panel, requirements (SCM
4.4)
acceleration of proceedings (DSU
4.9)
object and purpose (SCM
4.3)
clarification of situation
mutually agreed solution
right to request (SCM
4.1)
“statement of available evidence” (SCM
4.2)
of existence and nature as subsidy
time-limits
“as quickly as possible” (SCM
4.3)
extension by agreement (footnote
6)
consultations (SCM 7.1-4) (actionable subsidies): see also
request for establishment of panel, requirements (SCM
7.4)
right to request (SCM
7.1)
“statement of available evidence” (SCM
7.2)
of existence and nature as subsidy
of injury, nullification or impairment or serious
injury
as to whether
SCM 6.1 conditions have been met
(footnote 19)
time-limits
“as quickly as possible” (SCM
7.3)
extension by agreement (footnote
20)
consultations (SCM 9.1-3) (non-actionable subsidies)
in case of serious adverse effects (SCM
9.1)
object and purpose (SCM
9.2)
clarification of situation
mutually acceptable solution
referral to SCM Committee (SCM
9.2)
failure to reach mutually acceptable solution (SCM
9.3)
review/recommendations (SCM
9.4)
time-limits, “as quickly as possible” (SCM
9.2)
consultations (SCM 13) (countervailing measures investigations)
access to non-confidential information and (SCM
13.4)
expeditious handling of investigation and (SCM
13.3)
object and purpose
clarification of factual situation (SCM
13.2)
mutually agreed solution (SCM 13.1 and
13.2)
reasonable opportunity throughout the period of
investigation to continue consultations (SCM
13.2)
time-limits (SCM
13.1)
“as soon as possible”
consultations (SCM 24.1)
consultations (SG 12): see also
safeguard measures (SG/GATT
XIX), notification (SG 12)
“adequate opportunity for” (SG
12.3)
level of concessions (SG
8.1) and
applicability of GATT XXII and XXIII (SG
14)
assistance from Committee on Safeguards (SG
13.1(c))
consultations (SPS 4.2)
consumption of inputs in the production process, Guidelines (SCM Annex II)
definition (footnote
61)
drawback schemes and (Annex
II, I.1)
Illustrative List references to (items (h) and (i))
(Annex II, I.1)
indirect tax rebate schemes and (Annex II,
I.1)
procedure for determining whether (Annex II,
I.1)
actual examination in absence of effective
procedure (Annex II, II.2)
determination of effectiveness of system for
confirming (Annex II, I.1)
“normal allowance for waste”, inclusion (Annex
II, II.4)
“normal” (Annex
II, II.5)
“physical incorporation”, treatment as (Annex
II, II.3)
contiguous frontier zones, MFN treatment and (GATS
II.3)
copyright protection (Berne Convention (1971) and TRIPS
9): see
also industrial design, protection (TRIPS)
applicability
existing subject matter (TRIPS
70.2)
TRIPS 9
cinematographic works, rental rights (TRIPS
11)
compliance obligation (TRIPS
9.1)
computer compilations of data (TRIPS
10.2)
computer programs (TRIPS
10.1)
rental rights (TRIPS
11)
conditions, limitations, exceptions and
reservations (TRIPS 14.6)
“copyright protection” (TRIPS
9.2)
limitations and exceptions (TRIPS
13)
phonograms, performers and producers (TRIPS
14)
broadcasting organizations’ rights (TRIPS
14.3)
existing subject matter and (TRIPS
70.5)
preventable acts (TRIPS
14.1)
producers’ rights (TRIPS
14.2)
rental rights (TRIPS
14.4)
term of protection (TRIPS
14.5)
rental rights (TRIPS
11)
existing subject matter and (TRIPS
70.5)
term of protection
non-phonographic works (TRIPS
12)
phonograms (TRIPS
14.5)
costs of marketing exports (AG
9.1(d))
subsidies to reduce costs, exclusion
costs/expenses, authority to order (TRIPS 45.2 and
48): see
also expenses
Council for Trade in Goods (WTO IV:5)
decision-taking, consensus (ATC
8.12)
General Council, relationship with
membership
role and responsibility in relation to
anti-dumping action on behalf of third country (AD
14.4)
monitoring of functioning of Multilateral Trade
Agreements
notification obligations and procedures,
consideration of recommendations for change (Decision on Notification
Procedures, para. III)
proposals for amendment of covered agreements (WTO
X:1)
TBT Agreement (TBT
15.4)
TRIMS Agreement (TRIMs
9)
recognition of qualifications (GATS VII:
4)
review of
LIC Agreement (LIC 7.4)
RO Agreement (RO 6)
Textiles and Clothing Agreement (ATC
11-12)
security exceptions (GATS XIV bis:2)
suspension of substantially equivalent concessions
(SG 8.2)
TMB recommendations (ATC
8.8)
transitional period, extensions (TRIMs
5.3)
withholding or withdrawal of concession (MP
4)
rules of procedure
approval by General Council (WTO
IV:2)
responsibility for establishing
subsidiary bodies, right to establish (WTO
IV:7): see
also Committee on Agriculture; Committee on Anti-Dumping Practices (AD
16); Committee on Customs Valuation (VAL
18.1); Committee on Import
Licensing (LIC 4); Committee on Rules of Origin
(RO 4.1); Committee on
Safeguards (SG 13); Committee on Sanitary and Phytosanitary Measures (SPS
Committee); Committee on Subsidies and Countervailing Measures
(SCM
Committee); Committee on Technical Barriers to Trade (TBT
13); Committee
on TRIMs (Trade-Related Investment Measures); Notification Obligations
and Procedures, Working Group on (Decision on Notification Procedures,
para. III); State Trading Enterprises, Working Party on (Understanding
on the Interpretation of GATT XVII, Article 5)
Council for Trade in Services (WTO
IV:5/GATS XXIV)
Chairman, election (GATS
XXIV:3)
General Council, relationship with
membership
participation (GATS
XXIV:2)
role and responsibility in relation to
disciplines to avoid unnecessary barriers to trade
(GATS VI:4)
economic integration agreements and (GATS
V:7)
financial services, procedures for application of
GATS Second Annex on financial services (Annex, para.
3)
monitoring of GATS
monopolies and exclusive service providers (GATS
VIII)
operation of agreement and furtherance of
objectives (GATS XXIV:1)
proposals for amendment of covered agreements (WTO
X:1)
review of GATS II (MFA) exemptions
(GATS annex,
paras. 3 and 4)
technical assistance (GATS
XXV:2)
rules of procedure
approval by General Council (WTO
IV:2)
responsibility for establishing
subsidiary bodies: see rules of procedure
subsidiary bodies, right to establish (WTO
IV:6/GATS XXIV:1)
Ministerial Decision on institutional arrangements
Council for TRIPS (WTO IV:5)
General Council, relationship with
membership
role and responsibilities in relation to
consultations (TRIPS
68)
cooperation with WIPO bodies (TRIPS
68)
dispute settlement (TRIPS
68)
examination and recommendations for TRIPS dispute
settlement (TRIPS 64.3)
extension of non-applicability of non-violation
complaints (TRIPS 64.3)
least-developed country Members (TRIPS
66.1)
monitoring of operation of Agreement on TRIPS and
compliance with obligations (TRIPS
68)
proposals for amendment of covered agreements (WTO
X:1/TRIPS 71.2)
rationalization of the burden of notifications to
WIPO and WTO (TRIPS 63.2)
review of implementation of TRIPS Agreement (TRIPS
71.1)
wines and spirits, negotiations for system of
notification and registration geographical indications (TRIPS 23.4 and
TRIPS 24.2)
rules of procedure
approval by General Council (WTO
IV:2)
responsibility for establishing
subsidiary bodies, right to establish (WTO
IV:6)
counterclaims, in relation to distinct matter (DSU
3.10)
countermeasures in case of failure to comply with panel or AB report
within specified time-period (SCM
4.10): see also
suspension of concessions for non-implementation of DSB recommendations
and rulings (DSU 22)
“appropriate” (SCM 4.10 and
4.11)
Article 22.6 arbitration and (SCM 4.11 and
7.10)
footnote 9 and
footnote 10 and
nullification or impairment distinguished: see
also nullification or impairment (DSU 3.8);
suspension of
concessions for non-implementation of DSB recommendations and rulings (DSU
22)
Article 22.6 arbitration and (SCM
4.11)
countermeasures in case of failure to take measures to remove adverse
effects of or withdraw subsidy (SCM
7.9)
“commensurate with the degree and nature of the
adverse effects” (SCM 7.9)
determination by arbitrator (SCM
7.10)
countervailing duties, imposition and collection
(GATT VI)
“countervailing duty” (GATT VI:3 and SCM
10,
footnote 36)
exemption of like product destined for consumption
in country of origin, relevance (GATT
VI:4)
multiple currency practices and (GATT Ad Article
VI:2 and VI:3, para.
2)
permissible level (GATT
VI:3)
right to impose (GATT
VI:3)
material injury or threat thereof, need for (GATT
VI:6(a))
delay causing damage difficult to repair and (GATT
VI:6(c))
stabilization systems, relevance (GATT
VI:7)
waiver (GATT
VI:6(b))
countervailing measures, duration and review (SCM
21)
duration (SCM
21.1)
review (SCM
21.2): see also sunset review
(SCM
21.3)
in absence of request
at request of interested party
burden/standard of proof
duration/“expeditious” (SCM
21.4)
countervailing measures, imposition and collection (SCM
19)
compliance with GATT VI:3 and SCM Agreement (SCM
10)
“countervailing duty” (GATT VI:3 and
SCM
10,
footnote 36)
“domestic interested parties” (SCM 19.2 and
footnote 50)
evidentiary rules (AD
6/SCM 12), applicability (SCM
21.4)
expedited review, right to (SCM
19.3)
imposition of both anti-dumping and countervailing
duties in respect of same situation, exclusion (GATT
VI:5)
nexus, need for (SCM
19.4)
parallel invocation of Parts II and III,
permissibility (footnote 35)
permissive nature (SCM
19.2)
preconditions (SCM
19.1)
as responsibility of authorities (SCM
19.2)
countervailing measures, public notice and explanation of determinations
(SCM 22): see
public notice of initiation of
investigation (AD 12.1/SCM 22.1); public notice of preliminary or final
determination (AD 12.2/SCM 22.3)
“covered
agreements” (DSU 1.1 and
Appendix
1)
cross-border trade in financial services
currency practices
currency retention schemes as subsidy (SCM
Illustrative List, item (b))
fees and formalities and (GATT
VIII:1, GATT VIII:4
and Ad Article)
multiple currency practices (GATT Ad Article VI:2
and 3), as export subsidy (para. 2)
multiple currency practices (GATT Ad Article VI:2
and VI:3), as dumping (para. 2)
customs classification, dispute settlement (RO
9.4, footnote 6)
customs clearance procedures, anti-dumping investigation and (AD 5.9 and SCM 11.10)
Customs Cooperation Council (CCC/WCO)1
Technical Committee on Customs Valuation: see
Customs Valuation, Technical Committee (VAL 18.2 and VAL Annex II)
Technical Committee on Rules of Origin and (RO
4.2)
observer status (RO Annex
I, para. 5)
as Secretariat (RO 4.2)
customs duties, conversion of measures to: see
market
access (AG 4), measures required to be converted into ordinary customs
duties (AG 4.2 and footnote
1)
customs territories
acceptance of WTO Agreement
applicability of GATT
definition (GATT
XXIV:2)
customs unions and free trade agreements (GATT
XXIV:5): see
also customs unions (GATT XXIV:5(a)); regional trade agreements
(GATT XXIV:5(b))
application of
GATT I:2 (GATT
XXIV:9)
preferences in force as in Annex A (GATT I:2(a)
and Annex A)
preferences in force between neighbouring
countries (GATT I:2(d) and Annexes E and
F)
preferences in force in territories connected by
common sovereignty, protection or suzerainty (GATT I:2(b) and
Annexes B,
C and D)
re-export and (Ad
Article)
safeguard measures (SG 2.1 and
footnote 1)
transitional safeguard measures (ATC
6.2, footnote 5)
compliance by regional and local governments and
other organizations, reasonable measures to ensure (GATT
XXIV:12)
GATT Article Ad III:1
composition of panels and (DUS
8.3, footnote 6)
desirability/purpose (GATT
XXIV:4)
Indian and Pakistan, applicability to (GATT
XXIV:11 and Ad Article)
interpretation, Understanding on as constituent
part of GATT (GATT 1994, 1(c)(iv))
margin of preferences, dates (GATT 1:4 and
Annex G)
notification and reporting requirements (GATT
XXIV:7(a) and Understanding, para. 7)
period for completion, recommendations where
unreasonable or unrealistic (GATT
XXIV:7(b))
plan or schedule (GATT
XXIV:5(c))
substantial change, notification obligation (GATT
XXIV:7(c))
“within a reasonable length of time”
object and purpose (Understanding,
Preamble)
avoidance of new barriers or increase in adverse
effects on other Members
contribution to closer economic integration
extension to all trade sectors, importance
growing importance
panel composition and (DSU
8.3, footnote 6)
proposals for customs unions/regional trade
agreements not fully meeting GATT XXIV requirements (GATT
XXIV:10)
customs unions (GATT
XXIV:5(a)): see also
regional trade
agreements (GATT XXIV:5(b))
as defence or exception, on formation of customs
union, limitation to
definitions (GATT
XXIV:8(a))
“customs union”
“domestic industry” (AD
4.1/SCM
16.1) and (AD 4.3/SCM 16.4)
internal trade arrangements (GATT
XXIV:8(a)(i))
trade with third countries (“substantially the
same”) (GATT XXIV:8(a)(ii))
“duties and other regulations … not on the
whole higher or more restrictive”
“regulations of commerce”, 1994 Understanding,
para. 2
modification of Schedules (GATT
XXVIII) and (GATT XXIV:6)
safeguard measures (SG
2.1, footnote 1)
TRIPS border measures and (TRIPS Section
4,
footnote 12)
customs valuation (GATT VII and Customs Valuation Agreement
(VAL)):
see also Committee on Customs Valuation (VAL
18.1)
actual value as basis (GATT
VII:2(a)): see also
customs valuation (GATT VII and Customs Valuation Agreement (VAL)),
transaction value (VAL
Preamble (1) and 1)
“actual value” (GATT VII:2(a) and
Ad Article)
“fully competitive conditions” (GATT VII:2(b)
and Ad Article)
“in the ordinary course of trade” (GATT
VII:2(b) and Ad Article)
“nearest equivalent” alternative (GATT
VII:2(c))
additions to price actually paid or payable (VAL
Preamble (1) and VAL 8)
apportionment of elements (VAL
8.1(b))
engineering, development, art and design work,
plans and sketches (VAL 8.1(b)(iv) and
Note Ad)
materials consumed in the production of the
imported goods (VAL 8.1(b)(iii) and
Note Ad)
tools, dies and moulds (VAL 8.1(b)(ii) and
Note Ad)
“buying commissions” (VAL 8.1(a)(i) and
Note Ad)
objective and quantifiable data (VAL 8.3 and
Note Ad)
royalties and licence fees (VAL 8.1(c) and
Note Ad)
work “undertaken” elsewhere than in country of
importation (VAL 8.1(b)(iv))
Annexes as integral part of Agreement (VAL
14)
anti-dumping measures distinguished (VAL
Preamble)
appeal, right of (VAL 11 and
Note Ad)
notice of decision, need for (VAL
11.3)
to customs authority or independent body (VAL
11.2)
to judiciary (Note Ad
1)
“without penalty” (Note Ad
2)
computed value as basis (VAL Preamble
(3), VAL 6
and Note Ad)
“amount for profit and general expenses” (VAL
6.1(b) and Note Ad 4-5)
“cost or value” (VAL 6.1(a) and
Note Ad 3)
delayed application (VAL
20.2)
“general expenses” (VAL 6.1(b) and
Note Ad 7)
“goods of the same class or kind” (VAL 6.1(b)
and Note Ad 8)
confidentiality of information (VAL
10)
consultation in absence of Article 1 determination
of value (VAL Preamble (2))
conversion rates (GATT VII:4 and VAL
9)
“at time of importation” (VAL 9.2 and
Note Ad)
definitions (VAL
15)
“country of importation” (VAL
15.1(b))
“customs value of imported goods” (VAL
15.1(a))
“directly or indirectly controls the other” (VAL 15.4(e) and
Note Ad)
“goods of the same class or kind” (VAL 15.3
and Notes Ad VAL 5.1 and 6.1)
“identical goods” (VAL
15.2)
“persons” (VAL 15.4 and
Note Ad)
“produced” (VAL
15.1(c))
“related” persons (VAL
15.4)
persons associated in business as (VAL
15.5)
“similar goods” (VAL
15.2)
delay in final determination of customs value (VAL
13), right to withdraw items on payment of security
developing country Members
benefits for international trade as objective (VAL
preamble)
Ministerial Decision on texts relating to minimum
values
exclusions from valuation
activities undertaken on buyer’s own account (VAL Annex
I, Note Ad Article 1)
construction, maintenance and technical assistance
charges (VAL Annex I, Note Ad Article
1)
insurance costs (VAL
8.2)
internal duties and taxes (VAL Annex
I, Note Ad
Article 1)
internal tax (GATT
VII:3)
transport costs after importation (VAL Annex
I, Note Ad Article 1)
transport and handling costs (VAL 8.2(a) and
(b))
explanation in writing of determination, right to
(VAL 16)
general principles, acceptance (GATT
VII:1)
generally accepted accounting principles (VAL
Annex I)
definition
examples of utilization
laws and regulations
obligation to review operation on request (GATT
VII:1)
publication, need for (VAL
12)
study and reports on by Technical Committee (VAL
Annex II, para. 2(b))
methods
importer’s right to choose (VAL Preamble (3) and
VAL 4)
sequence (VAL Annex
I, General Note)
national legislation (VAL
22)
notification procedures (VAL
22.2)
obligation to ensure conformity with VAL
provisions (VAL 22.1)
“or other charges” (GATT VII:1 and
Ad Article)
particular exporter’s prices/general price level
as basis (GATT Ad Article VII:2)
preshipment inspection entities and (PSI
20,
footnote 4)
price of sale in country of importation as basis (VAL Preamble
(3), VAL 5 and Note
Ad)
“earliest date” (VAL 5.1(b) and
Note Ad 10)
“goods of the same class or kind” (VAL 5.1 and
Note Ad Article 9)
“profit and general expenses” (VAL 5.1 and
Note Ad 6)
“unit price at which … goods are sold in the
greatest aggregate quantity” (Note Ad)
publication requirements
judicial and administrative decisions (VAL
12)
laws and regulations (VAL
12)
method (GATT
VII:5)
“reasonable means” (VAL Preamble
(4), VAL 7
and Note Ad)
requirements (VAL
Preamble)
consistency with commercial practices
fair, uniform and transparent system
non-discrimination between sources of supply
simple and equitable criteria
reservations (VAL
21)
review of implementation and operation (VAL
23)
secretariat (VAL
24)
special and differential treatment (VAL
20/VAL
Annex III), continued application of 1979 Agreement: see special
and differential treatment (VAL 20/VAL Annex
III)
stability of method, need for (GATT
VII:5)
transaction value of identical goods (VAL 2 and
Note Ad)
transaction value of similar goods as alternative
(VAL 3 and Note
Ad)
transaction value (VAL Preamble (1) and 1): see
also customs valuation (GATT VII and Customs Valuation Agreement
(VAL)), actual value as basis (GATT
VII:2(a))
condition or consideration for which value cannot
be determined (VAL 1.1(b) and Note
Ad)
definition (VAL
1.1)
Ministerial Decision on texts relating to minimum
values and imports by sole agents, distributors and concessionaires
“price actually paid or payable”
Annex I, Note Ad Article 1
Annex III,
para. 7
“related” buyer and seller, relevance (VAL 1.2
and Note Ad)
test value (VAL 1.2(b) and
Note Ad)
restrictions on disposition or use of goods,
relevance (VAL 1.1(a))
restrictions which do not substantially affect the
value of the goods (VAL 1.1(a)(iii) and
Note Ad)
truth or accuracy of customs declaration, rights
of customs administrations to satisfy themselves on (VAL 17 and
Annex
III, para. 6)
Ministerial Decision regarding
Customs Valuation, Technical Committee (VAL
18.2 and
VAL Annex II)
Chairman and Vice-Chairman
absence of Chairman (Annex II, para.
15)
election (Annex II, para.
14)
powers (Annex II, para.
17-18)
role as representative of member of Technical
Committee distinguished (Annex II, para.
16)
term of office (Annex II, para.
14)
establishment
languages (Annex II, para.
22)
meetings
agenda
adoption (Annex II, para.
13)
draft (Annex II, para.
12)
frequency (Annex II, para.
9)
location (Annex II, para.
10)
notification (Annex II, para.
11)
membership (Annex II, paras.
5-8)
advisers (Annex II, para.
5)
alternates (Annex II, para.
5)
nominations (Annex II, para.
8)
observer status
international governmental and trade organizations
(Annex II, para. 7)
members of CCC who are not WTO Members (Annex II,
para. 6)
non-WTO/CCC Members (Annex II, para.
7)
WTO Secretariat (Annex II, para.
5)
reports
matters voted on (Annex II, para.
21)
on sessions (Annex II, para.
23)
on work of Committee (Annex II, para.
23)
role and responsibilities
advice and assistance on request (VAL
19.2)
advisory opinions on day-to-day technical problems
(Annex II, para. 2(a))
annual reports on technical aspects of operation
and status of VAL (Annex II, para.
2(c))
examination of day-to-day technical problems (Annex II, para.
2(a))
examination on request of questions requiring
technical consideration (VAL 19.4 and
Annex II, para. 2(f))
inability to reach consensus
time frame (Annex II, para.
3)
facilitation on request of technical assistance (Annex II,
para.
2(e))
with a view to further international acceptance of
agreement
information and advice on request on any matters
concerning customs valuation (Annex II,
para. 2(s))
responsibilities as assigned by Committee on
Customs Valuation (Annex II, para. 2(g))
study on request of valuation laws, procedures and
practices (Annex II, para. 2(b))
uniformity in interpretation and application of
VAL (Annex II, para. 1)
rules of procedure
secretariat (Annex II, para.
4)
secretariat (Annex II, para.
19)
time frame for work on specific matters (Annex II,
para. 3)
voting procedures
consensus on matters referred by panel (Annex II,
para. 21)
majority voting (Annex II, para.
21)
quorum (Annex II, para.
20)
1. In 1994, the Customs Cooperation Council (CCC)
was renamed “World Customs Organization (WCO)” back to text
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