data protection, financial services and

de minimis test

AD 2.2

AD 5.8

AD 9.3

decision-making (WTO IX)

accessions (WTO XII:2)

consensus (WTO IX:1)

amendments to covered agreements (WTO X:1)

waiver of obligation (WTO IX:3)

DSB (DSU 2.4)

GATT 1947 practice (WTO IX:1)

interpretation of covered agreements (WTO IX:2)

Plurilateral Trade Agreements (WTO IX:5)

decisions, procedures and customary practices under GATT 1947 (WTO XVI:1)

incorporation of decision into GATT 1994 (GATT 1994, 1(b)(iv))

denial of benefits (GATS XXVII)

juridical person not a service supplier of another Member (GATS XXVII(c))

maritime transport services

operator or user of a non-Member (GATS XXVII(b)(ii))

registration under laws of non-Member and (GATS XXVII(b)(i))

supply of service from or in non-Member (GATS XXVII(a))

derogation from user Member obligations (PSI 2.22)

determination of dumping (GATT VI/AD 2)

“authorities” (AD 2, footnote 3)

calculation of administrative, selling and general costs and profits (AD 2.2.2)

“actual amounts incurred and realized …” (AD 2.2.2(i))

actual books and records as basis

“any other reasonable method” (AD 2.2.2(iii))

“weighted average of the actual amounts incurred and realized …” (AD 2.2.2(ii))

calculation of dumping margins (AD 2.4)

comparison of weighted average normal value with weighted average of all comparable export transactions (AD 2.4.2)

“comparable”

general “fair comparison” requirement and

multiple averaging

calculation of normal value, eligible transactions, requirements (AD 2.1)

comparability of price

volume of sales sufficient for (footnote 2)

“like product”

sale “destined for consumption in exporting country”

sale “in ordinary course of trade”

constituent elements (AD 2/GATT VI:1)

material injury to domestic industry or threat thereof

material retardation of establishment of domestic industry

cost data (AD 2.2.1.1)

adjustment for non-recurring costs

“all available evidence”

“evidence made available in the course of the investigation”

“historically utilized”

“in accordance with generally accepting accounting principles”

“reasonably reflect costs”

start-up operations (AD 2.2.1.1 and footnote 6)

export price, construction in absence of [reliable] actual export price (AD 2.3)

first resale price

“on such reasonable basis as the authorities may determine”

export through intermediary (AD 2.5)

comparable price in country of export

comparable price in country of origin

fair comparison of export price and normal value (AD 2.4/GATT VI:1)

in absence of domestic prices (GATT VI:1(b))

“at the same level of trade”

burden of proof

“comparable price, in the ordinary course of trade” (GATT VI:1(a))

constructed export price (AD 2.3) and

“date of sale” (AD 2.4.1 and footnote 8)

“due allowance”

differences in “terms and conditions of sale”

“differences which affect price comparability”

“in each case, on its merits”

legal effect/“should also be made”

exchange rates and (AD 2.4.1)

fluctuations

forward sale rate

when “required”

“fair comparison”, burden of proof, relevance

hidden dumping by associated houses (GATT Ad Article VI:1)

“sales made at as nearly as possible the same time”

“like product” (AD 2.6)

margin of dumping

calculation (AD 2/GATT VI:2)

de minimis (AD 5.8)

sales transaction not “in the ordinary course of trade” (AD 2.2.1)

“at prices which do not provide for the recovery of all costs within a reasonable period of time” (AD 2.2.1)

“in substantial quantities” (AD 2.2.1 and footnote 5)

“prices below per unit costs … or above weighted average per unit costs” (AD 2.2.1)

sales below cost, method for determining whether

“within an extended period of time” (AD 2.2.1)

State trading enterprises/monopolies and (GATT Ad Article VI:1, para. 2)

determination of injury, requirements (AD 3 and SCM 15)

anti-dumping measures “shall be considered and decided with special care” (AD 3.8/SCM 15.8)

calculation of volume of dumped imports, “positive evidence” / “objective examination” requirement (AD 3.1): see determination of injury, requirements (AD 3 and SCM 15), “positive evidence” / “objective examination” requirement (AD 3.1)

causal relationship (AD 3.5/SCM 15.5)

AD 3.2 and AD 3.4 and

examination of all relevant evidence before the authorities

examination of other known factors (AD 3.5/SCM 15.5)

illustrative nature of list

“known” [to investigating authority]

factors other than increased imports causing injury, non-attribution requirement

non-attribution to dumped imports of injury caused by other factors (AD 3.5/SCM 15.5)

cumulative assessment in case of products from more than one country, requirements (AD 3.3/SCM 15.3)

appropriateness in light of conditions of employment

margin of dumping in each country above de minimis level

domestic production of like product, assessment of effect on (AD 3.6/ SCM 15.6)

sectoral analysis, right to

separate identification of product

criteria

impossibility of

evaluation of injury factors (AD 3.4/SCM 15.4)

all relevant economic factors and indices, need to examine

“actual and potential decline”

“factors affecting domestic prices”

“having a bearing on”

“including”

“no one or several … can give decisive guidance”

“domestic industry”

“evaluation”

“objective examination” requirement (AD 3.1)

impact on domestic industry, relevant factors (AD 3.4/SCM 15.4)

“no one or several … can give decisive guidance”

“injury” (AG 3, footnote 9)

“injury” (SCM 15, footnote 45)

“positive evidence” / “objective examination” requirement (AD 3.1), “objective examination”, evaluation of injury factors (AD 3.4/SCM 15.4)

“positive evidence” / “objective examination” requirement (AD 3.1/ SCM 15.1)

“effect of the dumped imports on prices” (AD 3.2)

impact on domestic producers (SCM 15.1)

“objective examination”

effect of dumped imports on domestic producers

effect of dumped imports on prices

volume of dumped imports

“positive”

volume and effect of subsidized imports (SCM 15.1)

price undercutting, relevant factors (AD 3.2/SCM 15.2)

“no one or several … can give decisive guidance”

significant increase in subsidized imports (AD 3.2/SCM 15.2)

“consider”

“significant”, designation as, relevance

threat of material injury (AD 3.7/SCM 15.7)

establishment “based on facts, not merely allegation, conjecture or remote possibility”

a “clearly foreseen and imminent” change of circumstances, need for

illustrative nature of list

imports at prices having depressing or suppressing effect (AD 3.7(iii)/SCM 15.7(iv))

inventories of product being investigated (AD 3.7(iv)/SCM 15.7(v))

“likelihood of substantially increased importation” (AD 3.7(i)/ SCM 15.7(ii))

“significant rate of increase of dumped products” (AD 3.7(i))

“significant rate of increase of subsidized imports” (SCM 15.7(ii))

“sufficient freely disposable, or an imminent, substantial increase in capacity” (AD 3.7(ii)/SCM 15.7(iii))

“material injury would occur”

determination of serious injury or threat thereof, requirements (SG 4)

causation (SG 4.2(b)): see also determination of injury, requirements (AD 3 and SCM 15), evaluation of injury factors (AD 3.4/SCM 15.4); safeguard measures (SG/GATT XIX), conditions (SG 2), causation (SG 2.1)

factors other than increased imports causing injury, non-attribution requirement

objective evidence, need for

evaluation of all relevant factors (SG 4.2(a))

“like or competitive products” (SG 2.1/4.1(c))

prompt analysis of case and demonstration of relevance of factors examined (SG 4.2(c))

“serious injury” (SG 4.1(a))

as “significant overall impairment” / “very high standard of injury”

“serious injury” (SG 4.1(a))/ “threat of serious injury” (SG 4.1(b)), “clearly imminent”

“threat of serious injury” (SG 4.1(b))

actual increase in imports, need for

“clearly imminent”

developing country Members

Agreement on Agriculture and: see developing country Members (AG)

balance of payments and: see balance of payments difficulties, developing country Members’ right to take import measures (GATT XVIII:B)

customs valuation (GATT VII and Customs Valuation Agreement (VAL))

market access for agricultural products

10-year moratorium in respect of staple product (AG Annex 5, paras. 7-9)

AG Preamble

pre-1995 terminology and (GATT 1994, 2(a))

special and differential development: see special and differential treatment for developing and least-developed country Members (SPS 10); special and differential treatment (VAL 20/VAL Annex III)

SPS Agreement and: see developing country Members (SPS); special and differential treatment for developing and least-developed country Members (SPS 10)

TBT and: see developing country Members (TBT); special and differential treatment for developing country Members (TBT 12); technical assistance (TBT 11)

TPRM reporting obligations (TPRM D)

trade liberalization (MD 4)

Uruguay Round, participation in (MD 4)

WTO Agreement Preamble and

developing country Members (AD 15)

anti-dumping measures: see developing country Members (AD 15)

“constructive remedy”

“essential interests of developing country Members”

“explore”

“special regard”

developing country Members (AG): see also special and differential treatment for developing country Members (AG 15)

domestic support commitments (AG 6.2)

agricultural input subsidies

Current Total AMS, exclusion from (AG 6.2 and 6.4(b))

diversification from illicit narcotic crops and

as integral part of development programme

investment subsidies

export prohibitions and restrictions, exemption from AG 12 requirements (AG 12.2)

export subsidy commitments (AG 9.4)

developing country Members (dispute settlement)

applicability of Decision of 5 April 1966 (DSU 3.12)

composition of panel (DSU 8.10)

consultations (DSU 4.10)

extension of periods established under DSU 4.7 and 8 (DSU 12.10)

dispute settlement procedures (DSU 3.12)

time-frame for DSB decisions (DSU 12.10)

implementation of DSB recommendations and rulings (DSU 21.7)

impact on economy, relevance (DSU 21.8)

special consideration to interests of (DSU 21.2)

legal advice and assistance (DSU 27.2)

panel reports, need for specific reference to form in which account has been taken of special needs (DSU 12.11)

developing country Members (GATS IV)

balance of payments restrictions (GATS XII:1) and

contact points to facilitate access to information (GATS IV:2)

availability of services technology (GATS IV:2(c))

commercial and technical aspects (GATS IV:2(a))

registration, recognition and obtaining of professional qualifications (GATS IV:2(b))

technical cooperation and (GATS XXV:1)

economic integration agreements and (GATS V:3)

multilateral disciplines (GATS XV:1) and

negotiation of specific commitments (GATS IV:1 and XIX)

access to distribution channels and information networks (GATS IV:1(b))

least-developed country Members, difficulties with (GATS III:3)

liberalization of market access (GATS IV:1(c))

strengthening of capacity, efficiency and competitiveness (GATS IV:1(a))

access to technology on commercial basis and

Preamble and

professional qualifications (GATS IV:2(b))

technical assistance (GATS XXV): see also telecommunications (GATS provisions, applicability and supplementary provisions (GATS Annex on telecommunications)), technical cooperation (para. 6)

telecommunications, right to impose conditions (Annex on telecommunications, para. 5(g))

developing country Members (GATT XXXVI): see trade and development (GATT Part IV)

developing country Members (LIC)

allocation of licences (LIC 3.5(j))

automatic import licensing, delay in application (LIC 2.2 and footnote 5)

economic development purposes and (LIC 1.2)

financial and trade needs (LIC 1.2)

trade, development and financial needs, Preamble

developing country Members (PSI Preamble)

developing country Members (SG 9)

exemption from safeguard measures (SG 9.1)

notification, need for (footnote 2)

extension of measure, right of (SG 9.2)

reapplication of measure, right of (SG 9.2)

developing country Members (SPS)

right to delay application (SPS 14): see also special and differential treatment for developing and least-developed country Members (SPS 10)

technical assistance (SPS 5.9), “substantial investment” requirement and (SPS 9.2)

technical assistance (SPS 9), obligation to facilitate (SPS 9.2)

developing country Members (TBT): see also special and differential treatment for developing country Members (TBT 12)

adaptation requirements

TBT 2.12

TBT 5.9

exceptions from obligations, relevant factors (TBT 12.8)

special development and trade needs

special problems in preparation and application of technical regulations, standards and conformity assessment features

stage of technological development

notifications of interest to (TBT 10.6)

Preamble

technical assistance (TBT 11)

developing country Members (TRIMs)

temporary deviation from TRIMs 2, right of (TRIMs 3)

elimination of notified measures, time-limits (TRIMs 5.2)

limitations on

trade, development and financial needs

Preamble

TRIMs 5.3

transitional period, extensions (TRIMs 5.3)

relevant factors

development, financial and trade needs

particular difficulties in implementing

developing country Members (TRIPS)

patents provisions, right to delay application (TRIPS 65.4)

right to delay application (TRIPS 65.2 and 65.4)

technical cooperation (TRIPS 67)

directly competitive or substitutable products (GATT III:2): see determination of serious injury or threat thereof, requirements (SG 4); “like product” (GATT III:2 and III:4); national treatment, tax discrimination (GATT III:2)

Director-General (WTO VI)

appointment (WTO VI:2)

GATT 1947 Director-General in the interim (WTO XVI:1)

conditions of service, regulations setting out (WTO VI:2)

“Executive Secretary” (GATT) (GATT 1994, 2(a) and GATT footnotes 2, 5 and 6)

instructions from government or authority external to WTO, exclusion (WTO VI:4)

role and responsibilities

appointment of DSU 22.6 arbitrator (DSU 22.6)

budget estimate and financial statement (WTO VII:1)

good offices, conciliation and mediation (DSU 5.6)

least-developed country Members and (DSU 24.2)

international matters, limitation to (WTO VI:4)

regulations setting out (WTO VI:2)

Secretariat staff (WTO VI:3) 7: see also Secretariat (WTO VI)

term of office, regulations setting out (WTO VI:2)

disclosure obligation, GATT X, TRIMs 6.3 and

discrimination: see General Exceptions (GATT XX), chapeau, application of measure as means of arbitrary or unjustifiable discrimination; MFN treatment (GATS II); MFN treatment (GATT I); MFN treatment (TRIPS 4); national treatment, regulatory discrimination (GATT III:4); national treatment, tax discrimination (GATT III:2); non-discriminatory administration of quantitative restrictions (GATT XIII); SPS Agreement, appropriate level of protection (SPS 5.5-5.6), consistency in application (SPS 5.5); SPS Agreement, basic rights and obligations (SPS 2), arbitrary or unjustifiable discrimination, exclusion (SPS 2.3)

dispute settlement (customs classification) (RO 4, footnote 6)

dispute settlement and enforcement (GATS XXIII): see also balance of payments restrictions, consultations (BOPU 13/GATT XII:4/GATT XVIII:12/GATS XXII:5)

DSU, right of recourse to (GATS XXIII:1)

expertise, need for

disputes on prudential issues and other financial matters (Annex on financial services, para. 4)

nullification or impairment (GATS XXIII:3)

DSU, right of recourse to

right to GATS XXI:2 adjustment

panelists

independence

Ministerial Decision relating to

qualifications

roster, responsibility for

suspension of obligations and specific commitments in accordance with DSU 22 (GATS XXIII:2)

dispute settlement system (WTO/general)

applicable law

developing country Members (DSU 3.12)

requests for consultations prior to entry into force of WTO Agreement (DSU 3.11)

compensation as last resort (DSU 3.7)

conciliation: see good offices, conciliation and mediation (DSU 5)

consistency with covered agreements, need for (DSU 3.5)

consultations: see consultations (DSU 4)

developing country Members and: see developing country Members (dispute settlement)

good faith and (DSU 3.10)

good offices: see good offices, conciliation and mediation (DSU 5)

least-developed country Members and (DSU 24)

due restraint (DSU 24.1)

in asking for compensation or suspension of measures

in raising matters

good offices, conciliation and mediation (DSU 24.2)

mediation: see good offices, conciliation and mediation (DSU 5)

mutually agreed solution to matters raised formally (DSU 3.6): see mutually agreed/acceptable solution to matters raised formally (DSU 3.6)

non-contentious nature of requests for dispute settlement/conciliation (DSU 3.10)

object and purpose (DSU 3)

clarification of covered agreements (DSU 3.2)

mutually acceptable solution (DSU 3.7)

positive solution (DSU 3.7)

preservation of Members’ rights and obligations under covered agreements (DSU 3.2)

security and predictability (DSU 3.2)

withdrawal of inconsistent measure (DSU 3.7)

obligation to have recourse to (DSU 23.1)

“recourse to, and abide by”

in “seeking redress of WTO violation”

panel: see competence of panels and AB (DSU 3.2); request for establishment of panel, requirements (DSU 6.2); terms of reference of panels (DSU 7)

Secretariat assistance (DSU 27)

to developing country Members (DSU 27.2)

impartiality and

legally qualified expert, availability

on request

to panels (DSU 27.1)

legal, historical and procedural aspects

secretarial and administrative support

training courses (DSU 27.3)

strengthening of multilateral system (DSU 23 and TRIPS Preamble)

training courses (DSU 27.3)

dispute settlement (TRIPS 64)

DSU, applicability (DSU 1.1)

effective and expeditious settlement through multilateral procedures, as TRIPS objective (Preamble)

domestic food aid: see food aid (domestic)

“domestic industry” (AD 4/SCM 16)

customs union, applicability to (AD 4.3/SCM 16.4)

“injury” (AG 3, footnote 9) and (AD 4.1(ii))

“levy” (AD 4.2, footnote 12)

“related” (AD 4.1 and footnote 11/SCM 16.1 and footnote 48)

separate competitive markets/industries within territory (AD 4.1(ii)), anti-dumping duties, limitation to defined area (AD 4.2/SCM 16.3)

separate competitive markets/industries within territory (AD 4.1(ii)/ SCM 16.2)

anti-dumping duties, limitation to defined area (AD 4.2), constitutional law considerations (AD 4.2 and SCM 16.3)

separate identification of product (AD 3.6/SCM 15.6) and (AD 4.4/ SCM 16.5)

“domestic industry” (SG 4.1(c))

domestic regulation (GATS VI): see also Professional Services, Working Party on

barriers to trade, disciplines to avoid (GATS VI:4)

avoidance of unnecessary burden (GATS VI:4(b))

establishment by Council for Trade in Services

objective and transparent criteria (GATS VI:4(a))

restriction on trade, exclusion of licensing procedure as (GATS VI:4(c))

financial services and (Annex on financial services, para. 2)

information concerning status of application, obligation to provide (GATS VI:3)

on request

“without undue delay”

judicial, arbitral or administrative review (GATS VI:2(a))

constitutional structure/legal system and (GATS VI:2(b))

“independent”

“prompt”

Ministerial Decision on

notification of decision to applicant, need for (GATS VI:3), “reasonable period of time”

nullification or impairment of specific commitments, avoidance (GATS VI:5)

excluded standards (GATS VI:5(a))

standing of relevant international organizations and (GATS VI:5(b))

“relevant international organizations” (footnote 3)

visas, relevance (Annex on Movement of Natural Persons, footnote 13)

professional competence, procedures to verify (GATS VI:6)

reasonable, objective and impartial administration (GATS VI:1)

domestic support commitments (AG 6): see also Aggregate Measurement of Support (AMS) (AG 1(a)/Annex 3)

applicability (AG 6.1)

compliance, test (AG 6.3)

direct payments (or revenue foregone/payments in kind), exemption (Annex 2, para. 5)

exclusion from Current Total AMS (6.5(b))

livestock payments on fixed number of head (AG 5(a)(iii))

payments on 85 per cent or less of base level of production (AG 5(a)(ii))

payments based on fixed area and yields (AG 5(a)(i))

due restraint (AG 13), measures conforming to AG Annex 2 (AG 13(a))

exemption requirements (AG Annex 2)

absence of price support to producers

absence of trade-distorting effects or effects on production (para. 1)

decoupled income support (para. 6)

direct payments: see domestic support commitments (AG 6), direct payments (or revenue foregone/payments in kind), exemption (Annex 2, para. 5)

domestic food aid (para. 4)

environmental programmes (para. 12)

government service programmes (para. 2)

income insurance and income safety-net programmes (para. 7)

natural disaster relief (para. 8)

policy-specific criteria and conditions

publicly-funded government programme (para. 1(a))

including government revenue foregone

not involving transfers from consumers

regional assistance programmes (para. 13)

structural adjustment assistance

investment aids (para. 11)

producer retirement programmes (para. 9)

resource retirement programmes (para. 10)

inflation, influence on fulfilment of commitments (AG 18.4)

limitation of support to commitment levels specified in Member’s Schedule (AG 3(2)), “subject to provisions of Art. 6”

measures exempt under AG Annex 2, obligation to maintain conformity (AG 7.1)

measures not exempt under AG Annex 2, inclusion in calculation of Current Total AMS (AG 7.2(a))

notification requirements (AG 18.3)

public stockholding for food security purposes (para. 3)

total AMS/annual and final bound commitment levels: see Aggregate Measurement of Support (AMS) (AG 1(a)/Annex 3)

double taxation agreements

consultation and (GATS XXII:3 and footnote 11)

as General Exception (GATS XIV(e))

DSB (Dispute Settlement Body)

decision-taking procedures (DSU 2.4)

consensus

absence of formal objection by Member present at decision-taking and (footnote 1)

SCM 4.4

SCM 4.8-10

SCM 7.4

decisions, time-frame for (DSU 20)

developing country Members and (DSU 12.10)

establishment (DSU 2.1)

functions (DSU 2.1)

adoption of panel and AB reports

SCM 4.8 and 4.9

SCM 7.6 and 7.9

authorization of suspension of concessions and other obligations under the covered agreements

establishment of panels

Plurilateral Trade Agreements and

reports to WTO Councils and Committees on developments in disputes (DSU 2.2)

surveillance of implementation of rulings and recommendations (DSU 2.1, 21.6 and 22.8)

General Council as (WTO IV:3)

meetings, frequency (DSU 2.3)

officers, right to appoint own (WTO IV:3)

recommendations and rulings: see implementation of recommendations and rulings of the DSB (DSU 21)

DSU (Dispute Settlement Understanding): see also dispute settlement system (WTO/general)

amendment (WTO X:8)

applicability

“covered agreements” (DSU 1.1 and Appendix 1)

of GATT, XXII and XXIII (DSU 3.1)

Textiles and Clothing Agreement (ATC 8.10)

TRIPS (TRIPS 64)

requests for consultations, under GATT (DSU 3.11)

requests made on or after entry into force of WTO Agreement, limitation to (DSU 3.11)

review (Ministerial Decision)

special or additional rules and procedures (DSU 1.2): see special or additional rules and procedures for dispute settlement (DSU 1.2 and Appendix 2)

WTO responsibility for administration of (WTO III:3)

due restraint during implementation period (AG 13)

domestic support measures conforming to Annex 2

exemption from (adverse effects provision SCM 5)

exemption from GATT XVI/SCM Part III actions (AG 13(a)(ii))

exemption from non-violation nullification or impairment actions (AG 13(a)(iii))

non-actionability for countervailing duty purposes (AG 13(a)(i))

dumping, determination of: see determination of dumping (GATT VI/ AD 2)