recognition
of prudential measures (GATS Annex on financial
services): see
financial services (GATS Annex), recognition of prudential measures
(para. 3)
recognition
of qualifications (GATS VII): see also domestic
regulation (GATS VI)
by agreement or arrangement (GATS
VII:1)
accession to/negotiation of comparable one (GATS
VII:2)
developing countries and (GATS
IV:2(b))
international organizations, cooperation with (GATS
VII:5)
multilaterally agreed criteria, desirability (GATS
VII:5)
non-discrimination requirement (GATS
VII:3)
notification obligations (GATS
VII:4)
existing measures (GATS
VII:4(a))
GATS VII:1 agreement or arrangement as basis, need
to indicate (GATS VII:4(a))
negotiations on new agreement or arrangement (GATS
VII:4(b))
new measures or significant modifications (GATS
VII:4(c))
time-limits (GATS
VII:4(a))
as option (GATS
VII:1)
unilateral/autonomous (GATS
VII:1)
demonstration that qualifications should be
recognized, obligation to offer opportunity (GATS
VII:2)
regional
assistance programmes
exemption from domestic support commitments (AG
Annex 2, para. 13)
as non-actionable subsidies (SCM
8.2(b)(iii))
“regional
body or system” (TBT Annex 1, para. 4)
regional
development, assistance for (SCM
8.2(b))
regional
trade agreements (GATT
XXIV:5(b)): see also customs
unions (GATT XXIV:5(a)); economic integration agreements (GATS) (GATS V)
as defence or exception, on formation of free
trade area, limitation to
“duties and other regulations … not on the
whole higher or more restrictive”
“free trade area” (GATT
XXIV:8(a)(ii))
registration
(WTO Agreement) (WTO AVI:6)
regulations
(SPS): see SPS regulations, transparency
(SPS 7 and Annex
B)
relationships
within and between agreements
AD 10.6/AD 10.7: see retroactivity
(provisional measures and anti-dumping duties) (AD 10), “sufficient
evidence” (AD 10.7)
AD 18/SCM: see specific action against
dumping (AD 18.1) or subsidy (SCM 32.1)
SCM Parts II and III (SCM
10, footnote 35)
remedies:
see compensation for non-compliance with covered agreement or DSB
recommendations and rulings; countermeasures in case of failure to
comply with panel or AB report within specified time-period (SCM 4.10);
developing country Members (AD 15), “constructive remedy”;
suspension of concessions for non-implementation of DSB recommendations
and rulings (DSU 22); “withdrawal of subsidy without delay” (SCM
4.7)
remedies
(TRIPS): see also costs/expenses, authority to order
(TRIPS 45.2 and 48); intellectual property rights, enforcement
procedures (TRIPS)
compensation/remuneration for
acts prior to acceptance of WTO Agreement (TRIPS
70.4)
unjustified provisional measures (TRIPS
50.7)
unlawful detention of goods (TRIPS
56)
damages for infringement (TRIPS
45)
imprisonment/fines (TRIPS
61)
injunction (TRIPS
44)
limitation in respect of acts prior to acceptance
of WTO Agreement (TRIPS 70.4)
obligation to provide (TRIPS
41.1)
seizure, forfeiture, disposal or destruction
border measures (TRIPS
59)
criminal procedures and (TRIPS
61)
as deterrent (TRIPS
46)
rental
rights, copyright protection and (TRIPS 11 and
14.4)
reports:
see Appellate Body (DSU
17), reports (DSU
17.14); panel reports
request
for establishment of panel, general considerations (DS
6),
timing of establishment (DSU 6.1)
request
for establishment of panel, requirements (AD
17.5)
facts made available to authorities of importing
Member (AD 17.5(i))
impediment to achievement of objectives,
indication of (AD 17.5(i))
nullification or impairment to benefit, indication
of how (AD 17.5(i))
written statement (AD
17.5(i))
request
for establishment of panel, requirements (DSU
6.2)
consultations, indication as to whether held: see
also consultations (DSU 4),
establishment of panel, as prerequisite
fruitfulness of action (DSU
3.7), determination by
Member
identification of specific measures at issue
legal basis of claim
legal basis of claim, summary, sufficiency, “sufficient
to present the problem clearly”
special terms of reference, proposed text
termination of good offices, conciliation or
mediation and (DSU 5.3 and 5.4)
writing
request
for establishment of panel, requirements (SCM
4.4)
consultations, failure to reach mutually agreed
solution
DSB decision not to establish
request
for establishment of panel, requirements (SCM
7.4)
consultations, failure to reach mutually agreed
solution
DSB decision not to establish
information for: see information concerning
serious prejudice, panel’s right to seek (SCM Annex V)
request
for and establishment of PSI independent review panel (PSI 4(c))
research
activities, assistance for (SCM 8.2 and
footnotes 25 and 26)
“industrial research” (SCM
8, 2(a),
footnote 28)
“pre-competitive development activity” (SCM
8.2(a), footnote 29)
reservations,
consent of other Members, need for
AD 18.2
LIC 8.1
SCM 32.2
TBT 15
TRIPS 72
VAL 21
reservations
(WTO XVI:5)
Multilateral Trade Agreements
Plurilateral Trade Agreements
WTO Agreement
retroactivity
(countervailing measures) (SCM 20)
in case of
final determination of injury or material
retardation (AD 20.2)
final determination of threat of injury (SCM
20.2)
massive imports in short period, GATT-inconsistent
subsidy and injury difficult to repair (SCM
20.6)
date of applicability, in cases not covered under
SCM 20.2 (SCM 20.4)
definitive duty higher than provisional duty,
payment/recalculation (SCM 20.3)
exceptions (SCM
20.1)
negative determination, effect (SCM
20.5)
retroactivity
(provisional measures and anti-dumping duties) (AD
10)
in case of
final determination of injury or material
retardation (AD 10.2)
final determination of threat of injury (AD 10.2)
conditions (AD
10.6)
AD 10.7 and
history of dumping or awareness of practice (AD
10.6(i))
“massive imports in a relatively short period
of time” (AD 10.6)
date of applicability
“after initiating an investigation” (AD
10.7)
in cases not covered under AD 10.2 (AD
10.4)
period of applicable provisional measures (AD 10.2)
products entered for consumption prior to
initiation of investigation, exclusion (AD
10.8)
definitive duty higher than provisional duty,
payment/recalculation (AD 10.3)
as exception (AD
10.1)
negative determination, effect (AD
10.5)
“such measures” (AD
10.7)
“sufficient evidence” (AD
10.7)
exporters’ knowledge of dumping (AD
10.6),
relevance
“injury caused” (AD
10.6) and
retroactivity
(provisional measures in case of violation of price or subsidy
undertaking) (AD 8.6/SCM
18.6)
retroactivity
(rules of origin)
RO 2(i)
RO 3(g)
RO Annex II, para. 3(e)
retroactivity
(TRIPS 70.1)
risk
assessment: see SPS Agreement, risk assessment, need for
(SPS 5.1-5.3 and Annex A, para. 4); TBT
Agreement, risk assessment,
relevant factors (TBT 2.2)
royalty-based
financing (civil aircraft) and “serious prejudice” (SCM 6, footnotes 15 and 16)
Rules
of Origin Agreement (RO): see also Committee on Rules of
Origin (RO 4.1); Rules of Origin, Technical Committee (RO 4.2 and Annex
I)
amendment (RO 6.2 and
6.3)
applicability (RO 1.2)
determinations for purpose of defining “domestic
industry” or similar term, exclusion (footnote
1)
consultation and dispute settlement procedures: see
consultation and dispute settlement (RO)
customs classification, dispute settlement (RO
9.4, footnote 6)
definitions (RO 1.1)
disciplines (post-transition period) (RO
3)
administration of rules in a consistent, uniform,
impartial and reasonable manner (Preamble and RO
3(d))
assessment of origin on request (RO
3(f))
contrary decision in RO 3(h) review and
confidentiality of information (RO
3(i))
“country of origin” (RO
3(b))
country where good wholly obtained
country where last substantial transformation
performed
“equal” application (RO
3(a))
harmonization objective and (Preamble, RO
3 and RO 9.1)
judicial, arbitral or administrative review (RO
3(h))
“independent”
“prompt”
judicial proceedings and
non-discrimination (RO
3(c))
non-retroactivity (RO
3(g))
publication in accordance with GATT X:1 (RO
3(e))
disciplines (transition period) (RO
2)
administration of rules in a consistent, uniform,
impartial and reasonable manner (Preamble and RO
2(e))
administrative determinations of general
application, clear definition of requirements (RO
2(a))
assessment of origin on request (RO
2(h))
contrary decision in RO 2(j) review and
confidentiality of information (RO
2(k))
publication of assessment of origin and (RO
2(h))
judicial, arbitral or administrative review (RO
2(j))
“independent”
“prompt”
non-discrimination (RO
2(d))
non-retroactivity (RO
2(i))
positive/negative standard (RO
2(f))
publication in accordance with GATT X:1 (RO
2(g))
restrictive, distorting or disruptive effects on
international trade, exclusion (RO 2(c))
trade objectives, exclusion as instrument of (RO
2(b))
harmonization: see rules of origin,
harmonization (RO)
notification of rules of origin, judicial
decisions and administrative rulings (RO 5)
circulation of information received (RO
5.1)
as in effect on 1 January 1995 (RO
5.1)
inadvertent omission (RO
5.1)
modification to rules/new rules (RO
5.2)
notification of rules of origin, judicial
decisions and administrative rulings (RO Annex
II, para. 4)
circulation of information received
modification to rules/new rule
objectives (RO Preamble)
avoidance of unnecessary obstacles
consultation mechanism and dispute settlement
procedures: see also consultation and dispute settlement (RO)
“further liberalization and expansion of
world trade”
furtherance of GATT objectives
harmonization and clarification of rules of origin
impartial, transparent, predictable, consistent
and neutral preparation and application of rules of origin
“increase the responsiveness of the GATT
system”
“strengthen the role of GATT”
transparency
preferential rules of origin, Common Declaration (RO Annex
II)
“preferential rules of origin” (para.
2)
requirements
assessment of origin on request (para.
3(d))
clear definition of criteria (para.
3(a))
confidentiality of information (para.
3(g))
judicial, arbitral or administrative review (para.
3(f))
“independent”
“prompt”
non-retroactivity (para.
3(e))
notification (para.
4)
positive standard (para.
3(b))
publication in accordance with GATT X:1 (para.
3(c))
review of implementation and operation (RO
6)
technical aspects of Parts II and III, annual
reports on (RO Annex
I, para. 1(c))
technical aspects, periodic reports on (RO Annex
I, para. 1(c))
rules
of origin, harmonization (RO)
Committee on Rules of Origin and Technical
Committee, responsibility for (RO 9.2(b))
Harmonization of Non-preferential Rules Work
Programme: see also Rules of Origin, Technical Committee (RO 4.2
and Annex I), Harmonization of Non-Preferential Rules Work Programme
establishment of mechanism to consider and propose
amendments to the results of the work programme (RO
6.3)
initiation (RO 9.2(a))
results, as annex to RO Agreement (RO
9.3)
time-frame for entry into force
timetable, (RO 9.2(a))
principles (RO 9.1): see also rules of
origin, harmonization (RO), Harmonization of Non-preferential Rules Work
Programme
administration of rules in a consistent, uniform,
impartial and reasonable manner (Preamble, RO 2(e) and
RO 9.1(e))
coherence (RO 9.1(f))
determination of origin on basis of country where
good wholly obtained or where last transformation carried out (RO
9.1(b))
“equal” application (RO
9.1(a))
objectiveness, understandability and
predictability (RO 9.1(c))
positive/negative standard (RO
9.1(g))
restrictive, distorting or disruptive effects on
international trade, exclusion (RO 9.1(d))
trade objectives, exclusion as instrument of (RO
9.1(d))
Rules
of Origin, Technical Committee (RO 4.2 and
Annex I)
CCC/WCO and
Chairman, election (Annex
I, para. 9)
Committee on Rules of Origin and
information and advice, right to request
periodic consideration of interpretations and
opinions of Technical Committee (RO 9.3(a))
work, right to request
establishment
Harmonization of Non-Preferential Rules Work
Programme
harmonized definition, request for (RO
9.2(c)(i))
minimal operations or processes
time-limits
wholly obtained in one country
interpretations and opinions (RO
9.2(c))
periodic consideration (RO
9.3(a))
interpretations and opinions (RO
9.2(c)), request
for
sectoral approach (RO
9.2(c))
substantial transformation, change in tariff
classification, consideration and elaboration (RO
9.2(c)(ii))
organization of work and time-limits
substantial transformation, supplementary
criteria, consideration and elaboration (RO
9.2(c)(iii))
explanations of proposals
organization of work and time-limits
meetings, frequency (Annex
I, para. 8)
observer status: see Rules of Origin,
Technical Committee (RO 4.2 and Annex I), representation (Annex
I)
representation (Annex
I)
advisers (para. 4)
members of CCC/WCO not also WTO Members (para.
5)
“members” (para. 4)
nominations (para. 7)
observer status
CCC/WCO Members (para.
5)
representatives of governments not Members of
either WTO or CCC/WCO (para. 6)
WTO Secretariat (para.
4)
role and responsibilities: see also Rules
of Origin, Technical Committee (RO 4.2 and Annex I), Harmonization of
Non-Preferential Rules Work Programme
operation and status of RO Agreement
annual reports on technical aspects of Parts II
and III (Annex I, para. 1(d))
periodic reports on technical aspects (Annex
I, para. 1(c))
origin determination, information and advice (Annex
I, para. 1(b))
“such other responsibilities as the Committee
may request of it” (Annex I, para. 2)
technical problems in day-to-day administration of
rules, examination and advisory opinions (Annex
I, para. 1(a))
rules of procedure (Annex
I, para. 9)
secretariat
time-scale for work (Annex
I, para. 3)
rules
of procedure
Council for Trade in Goods, responsibility for
establishing (WTO IV:5)/approving
(WTO IV:2)
Council for Trade in Services, responsibility for
establishing (WTO IV:5)/approving
(WTO IV:2)
Council for TRIPS, responsibility for establishing
(WTO IV:5)/approving (WTO
IV:2)
General Council, responsibility for establishing (WTO
IV:2)
Trade Policy Review Body
(TPRB), responsibility
for establishing
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