INDEX

C

 

Index:  A  B  C  D  E  F  G  H  I  J  K  L  M  N  O  P  Q  R  S  T  U  V  W  X, Y, Z


The texts reproduced here do not have the legal standing of the original documents which are entrusted and kept at the WTO Secretariat in Geneva.


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

 


Abbreviations used on this page