Act 170 1994

Original Language Title: LEY 170 de 1994

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170 OF 1994

(December 15)

Official Journal No. 41,637 of 16 December 1994

by means of which the Agreement establishing the "World Trade Organization (WTO)", signed in Marrakesh (Morocco) on 15 April 1994, its multilateral agreements and the Plurilateral Agreement, is hereby approved. Annex on the Beef and veal

THE CONGRESS OF COLOMBIA,

URUGUAY ROUND

FINAL ACT

MARRAKECH, APRIL 15, 1994

MULTILATERAL TRADE NEGOTIATIONS

Trade Negotiations Committee

FINAL ACT INCORPORATING THE RESULTS OF THE URUGUAY ROUND OF MULTILATERAL TRADE NEGOTIATIONS

Marrakech, April 15, 1994

LIST OF ABBREVIATIONS

WTO Agreement: Agreement establishing the World Trade Organization

TRIPS: Aspects of Intellectual Property Rights Related to Trade

AGCS: General Agreement on Trade in Services AMF: Agreement on International Trade in Textiles

World Bank: International Bank for Reconstruction and Development

CCA: Customs Cooperation Council Understanding on Differential Solution/

ESD: Understanding the rules and procedures governing the solution of differences

FAO: Food and Agriculture Organization of the United Nations

IMF: International Monetary Fund

GATT: 1994 General Agreement on Tariffs and Trade 1994

GPE: Permanent Group of Experts (in the Agreement on Subsidies and Compensatory Measures)

IBDD: Basic Instruments and Miscellaneous Documents (series published by the GATT)

ISO: International Organization for Standardisation

ISO/IEC: ISO/International Electrotechnical Commission

MEPC: Trade Policy Review Mechanism

MGA: Global Measure of Aid (in the Agreement on Agriculture)

MIC: Trade-related investment measures

OEPC: Business Policy Review Body

WTO: World Trade Organization

OSD: Dispute Settlement Body

OST: Textiles Monitoring Authority

OVT: Surveillance Authority of Textiles

SA: Harmonized Commodity Designation and Coding System

SGE: Special safeguard (in the Agreement on Agriculture)

Secretariat: Secretariat of the World Trade Organization

CCA Secretariat: Secretariat of the Customs Cooperation Council

SMC: Grants and Compensatory Measures

TE: Special treatment (in Annex 5 to the Agreement on Agriculture)

INDEX

ACT 7
AGREEMENT ESTABLISHING THE WORLD TRADE ORGANIZATION 11
ANNEX 1 25
ANNEX 1A: MULTILATERAL MERCHANDISE TRADE AGREEMENTS 25
General Agreement 1994 Customs and Trade Tariffs 27
Understanding on the interpretation of paragraph 1 (b) of Article 11 of the General Agreement on Tariffs and Trade 1994 31
Understanding on the interpretation of Article XVII of the General Agreement on Tariffs and Trade 1994 33
Understanding of the provisions of the General Agreement on Tariffs and Trade in 1994on the balance of payments 35
Understanding on the interpretation of Article XXIV of the General Agreement on Tariffs and Trade 1994 39
Understanding of the Agreement on Exemptions from the Agreement General on Tariffs and Trade 1994 43
Understanding of the interpretation of Article XXVIII of the General Agreement on Tariffs and Trade 1994 45
Marrakesh Protocol annexed to the General Agreement on Customs Tariffs and Trade 1994. 47
Agreement on the Agriculture-49__Agreement on the Application of Sanitary and Plant Protection Measures. 79
Agreement on Textiles and Dress 95
Agreement on Technical Barriers to Trade 131
Agreement on Measures in the field of Trade-related investments 153
Agreement on the Application of Article VI of the General Agreement on Customs Tariffs and Trade 1994 159
Relative Agreement to the Application of Article VII of the General Agreement on Customs Tariffs and Trade 1994 185
Agreement on Pre-Expedition Inspection. 215
Rules Agreement Source 225
Import License Processing Procedures Agreement 237
Agreement on Subsidies and Compensatory Measures 245
Safeguards Agreement 293
ANNEX 1 B: General Agreement on Trade in Services 303
ANNEX 1C: Agreement on Trade-Related Aspects of Intellectual Property Rights 341
ANNEX 2: Understanding the rules and procedures for which you are rules the differences solution 375
ANNEX 3: Trade Policy Review Mechanism 403
ANNEX 4: Plurilateral Trade Agreements 407
Civil Aircraft Trade Agreement 407
Public Procurement Agreement 407
International Dairy Products Agreement 407
International Bovine Meat Agreement 407

MINISTERIAL DECISIONS AND DECLARATIONS

Decision on measures in favour of the least developed countries 409
Statement on the contribution of the World Organization Trade in achieving greater coherence in the formulation of policy world-wide economic 411
Decision on the notification procedures 413
Statement on the Relationship of the World Trade Organization with the Fund International Monetary 417
Decision on measures concerning the possible negative effects of the reform programme in the least developed countries and in the developing countries net importers of food products 419
Decision on the notification of first integration pursuant to paragraph 6 of Article 2 of the Agreement on Textiles and Clothing 421
Decisions concerning the Agreement on Technical Barriers to Trade Decision on the draft understanding on a WTO-ISO information system on standards 423
Decision on examining published information by the ISO/CEI Information Center 424
Decisions and Declaration on the Agreement on the Application of Article VI of the General Agreement on Tariffs and Trade 1994 Decision on anti-circumvention measures 425
Decision on the examination of paragraph 6 of Article 17 of the Agreement on the Application of Article VI of the General Agreement on Tariffs and Trade 1994 426
Statement on the Settlement of Differences in accordance with the Agreement on the Application of Article VI of the General Agreement on Tariffs and Trade 1994 or with Part V of the Agreement on Subsidies and Countervailing Measures 427
Decisions on the Agreement on the Application of Article VII of the General Agreement on Tariffs and Trade 1994
Decision on cases where customs administrations have reason to doubt the accuracy or accuracy of the declared value 429
Decision on texts relating to minimum values and to imports by exclusive agents, exclusive distributors and exclusive dealers 430
Decisions concerning the General Agreement on Trade in Decision Services on the institutional arrangements for the General Agreement on Trade in Services 431
Decision concerning certain dispute settlement procedures for the General Agreement on Trade in Services 432
Decision on trade in services and the environment 433
Decision on negotiations on the movement of physical persons 434
Decision concerning the financial services 435
Decision concerning negotiations on transport services maritime 436

Decision regarding basic telecommunications negotiations
438
Professional services decision 439
Decision on accession to the Agreement on Public Procurement 441
Application and Application Decision Understanding of the Understanding regarding the rules and procedures governing the dispute settlement 443
UNDERSTANDING OF FINANCIAL SERVICES COMMITMENTS 445

FINAL ACT INCORPORATING THE RESULTS OF THE URUGUAY ROUND OF MULTILATERAL TRADE NEGOTIATIONS

1. Having met in order to conclude the Uruguay Round of Multilateral Trade Negotiations, the representatives of the governments and the European Communities, members of the Trade Negotiations Committee, agree that the Agreement should establishing the World Trade Organization (referred to in this Final Act "Agreement on the WTO"), the Declarations and Ministerial Decisions and the Understanding on commitments in the field of financial services, Annexes to this Act, they contain the results of their negotiations and form part Member of this Final Act.

2. When signing this Final Act, the representatives agree:

a. subject, as appropriate, the WTO Agreement to the consideration of their respective competent authorities in order to obtain from them the approval of that Agreement in accordance with the appropriate procedures; and

b. adopt the Ministerial Declarations and Decisions.

3. The representatives agree that it is desirable that all participants in the Uruguay Round of Multilateral Trade Negotiations (referred to in this Final Act "participants") accept the WTO Agreement with a view to entering into 1. of January 1995, or as soon as possible after that date. No later than the end of 1994, the Ministers will meet, in accordance with the final parrale of the Ministerial Declaration of Punta del Este, to decide on the international application of the results and the date of its entry into force.

4. The representatives agree that the WTO Agreement shall be open to the acceptance of a whole, by signature or formality of another class, of all participants, in accordance with Article XIV thereof. The acceptance and entry into force of the Plurilateral Trade Agreements listed in Annex 4 to the WTO Agreement shall be governed by the provisions of each Plurilateral Trade Agreement.

5. Before accepting the WTO Agreement, participants who are not parties to the General Agreement on Tariffs and Trade must have concluded the negotiations for accession to the General Agreement and have become parties to the Agreement. of the same. In the case of participants who are not Contracting Parties to the General Agreement at the date of the Final Act, the Lists are not considered to be final and shall be completed thereafter for the purposes of the accession of those participants to the General Agreement and the acceptance by them of the WTO Agreement.

6. This Final Act and the texts annexed thereto shall be deposited with the Director-General of the Contracting Parties to the General Agreement on Tariffs and Trade, which shall promptly forward a certified copy thereof to each participant.

MADE in Marrakesh on the fifteenth of April of a thousand nine hundred and ninety-four in a single copy and in the Spanish, French and English languages, each text being equally authentic.

[A list of signatories shall be included in the text of the Final Act on the treaty paper to be submitted to the signature].

AGREEMENT ESTABLISHING THE WORLD TRADE ORGANIZATION

The Parties to this Agreement,

Recognizing that their relations in the sphere of commercial and economic activity should aim to raise living standards, achieve full employment and a considerable and constantly increasing volume of real income and effective demand and to increase production and trade in goods and services, while at the same time allowing the optimum use of global resources in accordance with the objective of sustainable development and seeking to protect and preserve the environment and increase the means to do so, in a manner compatible with their respective needs and interests according to different levels of economic development,

Acknowledging that there is a need to make positive efforts so that developing countries, and especially the least developed ones, obtain a share of the increase in international trade that corresponds to the needs of their development economic,

i) to contribute to the achievement of these objectives by concluding agreements to obtain, on the basis of reciprocity and mutual advantages, the substantial reduction of customs duties and other obstacles to the trade, as well as the elimination of discriminatory treatment in international trade relations,

Resolved, therefore, to develop an integrated, more viable and lasting multilateral trading system covering the General Agreement on Tariffs and Trade, the results of previous trade liberalisation efforts and the comprehensive results of the Uruguay Round Multilateral Trade Negotiations,

Determined to preserve the fundamental principles and to favor the achievement of the objectives that inform this multilateral trading system,

Agree to the following:

ARTICLE I.

SETTING THE ORGANIZATION.

The World Trade Organization (hereinafter referred to as "WTO") is hereby established.

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ARTICLE II.

WTO SCOPE.

1. The WTO shall constitute the common institutional framework for the development of trade relations between its Members in matters relating to the related legal arrangements and instruments included in the Annexes to this Agreement.

2. The related agreements and legal instruments included in Annexes 1, 2 and 3 (hereinafter referred to as 'the Annexes') Multilateral Trade Agreements (") form an integral part of this Agreement and are binding upon all its Members.

3. The agreements and related legal instruments listed in Annex 4 (hereinafter referred to as 'Plurilateral Trade Agreements') are also part of this Agreement for Members who have accepted them and are binding on them. Plurilateral Trade Agreements do not create obligations or rights for Members who have not accepted them.

4. The General Agreement on Tariffs and Trade 1994 as specified in Annex 1A (hereinafter referred to as "GATT 1994") is legally distinct from the General Agreement on Tariffs and Trade dated 30 October 1947, Annex to the Final Act adopted at the end of the second session of the Preparatory Commission of the United Nations Conference on Trade and Employment, subsequently rectified, amended or amended (hereinafter referred to as "GATT"). 1947 ").

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ARTICLE III.

WTO FUNTIONS.

1. The WTO shall facilitate the implementation, administration and operation of this Agreement and the Multilateral Trade Agreements and shall promote the achievement of its objectives and shall also constitute the framework for implementation, administration and operation of the Plurilateral Trade Agreements.

2. The WTO shall be the forum for negotiations between its Members on their multilateral trade relations in matters dealt with in the framework of the agreements contained in the Annexes to this Agreement. The WTO may also serve as a forum for further negotiations between its Members on its multilateral trade relations and framework for the implementation of the outcome of these negotiations, as decided by the Ministerial Conference.

3. The WTO shall administer the Understanding on the rules and procedures governing the dispute settlement (hereinafter referred to as the "Understanding on Dispute Settlement" or "ESD") set out in Annex 2 to this Agreement.

4. The WTO shall administer the Trade Policy Review Mechanism (hereinafter referred to as "MEPC") set out in Annex 3 to this Agreement.

5. In order to achieve greater consistency in the formulation of economic policies at global level, the WTO will cooperate, as appropriate, with the International Monetary Fund and the International Bank for Reconstruction and Development and its agencies. associated.

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ARTICLE IV.

WTO STRUCTURE.

1. A Ministerial Conference shall be established, composed of representatives of all Members, which shall meet at least once every two years. The Ministerial Conference shall perform the functions of the WTO and shall adopt the necessary provisions to that effect. The Ministerial Conference shall have the power to take decisions on all matters falling within the scope of any of the Multilateral Trade Agreements, if requested by a Member, in accordance with the specific requirements that decisions are laid down in this Agreement and in the relevant Multilateral Trade Agreement.

2. A General Council, composed of representatives of all Members, shall be established, which shall meet as appropriate. In the intervals between meetings of the Ministerial Conference, the functions of the General Council shall be performed. The General Council shall also fulfil the tasks assigned to it in this Agreement. The General Council shall establish its rules of procedure and approve those of the Committees referred to in paragraph 7.

3. The General Council shall meet as appropriate to perform the functions of the Dispute Settlement Body established in the Understanding on Dispute Settlement. The Dispute Settlement Body may have its own chairman and shall lay down the rules of procedure it deems necessary for the fulfilment of those tasks.

4. The General Council shall meet as appropriate to perform the functions of the Trade Policy Review Body established in the MEPC. The Trade Policy Review Body may have its own chairman and shall lay down the rules of procedure it deems necessary for the performance of those tasks.

5. A Council on Trade in Goods, a Council on Trade in Services and a Council on Trade-Related Aspects of Intellectual Property Rights (hereinafter referred to as the "TRIPS Council") will be established. will operate under the general guidance of the General Council. The Council of Trade in Goods will supervise the operation of the Multilateral Trade Agreements in Annex 1A. The Services Trade Council shall monitor the operation of the General Agreement on Trade in Services (hereinafter referred to as "GATS"). The TRIPS Council will monitor the functioning of the Agreement on Trade-Related Aspects of Intellectual Property Rights (hereinafter referred to as the "TRIPS Agreement"). These Councils shall perform the tasks assigned to them in the respective Agreements and by the General Council. They shall establish their respective procedural rules, subject to approval by the General Council. Representatives of all Members may be a member of these Councils. These Councils will meet as needed for the performance of their duties.

6. The Council of Trade in Goods, the Council of Trade in Services and the Council of TRIPS shall establish the necessary subsidiary bodies. Such subsidiary bodies shall establish their respective rules of procedure subject to approval by the relevant Councils.

7. The Ministerial Conference shall establish a Trade and Development Committee, a Committee on Restrictions for Balance of Payments and a Committee on Budgetary, Financial and Administrative Affairs, which shall perform the tasks assigned to them in the This Agreement and the Multilateral Trade Agreements, as well as the additional functions assigned to them by the General Council, may establish additional Committees with the functions it deems appropriate. The Trade and Development Committee shall regularly review, as part of its tasks, the special provisions in favour of the least developed Member States contained in the Multilateral Trade Agreements and report to the Council. General for the adoption of appropriate provisions. Representatives of all Members may be part of these Committees.

8. The bodies established under the Plurilateral Trade Agreements shall perform the tasks assigned to them under those Agreements and shall operate within the institutional framework of the WTO. Such bodies shall regularly report to the General Council on their respective activities.

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ARTICLE V.

RELATIONSHIPS WITH OTHER ORGANIZATIONS.

1. The General Council shall enter into appropriate arrangements for effective cooperation with other intergovernmental organisations which have similar responsibilities to those of the WTO.

2. The General Council may adopt appropriate arrangements for the holding of consultations and cooperation with non-governmental organisations dealing with WTO-related matters.

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ARTICLE VI.

THE SECRETARIAT

1. A WTO Secretariat (hereinafter referred to as the "Secretariat") shall be established by a Director-General.

2. The Ministerial Conference shall appoint the Director-General and adopt a Regulation laying down the powers, duties, conditions of service and the duration of the mandate of the Director-General.

3. The Director-General shall appoint the staff of the Secretariat and shall determine their duties and conditions of service in accordance with the regulations adopted by the Ministerial Conference.

4. The functions of the Director-General and the staff of the Secretariat shall be exclusively international. In the performance of their duties, the Director General and the staff of the Secretariat shall neither seek nor take instructions from any government or any other authority outside the WTO and shall refrain from any act which may be incompatible with his status as international officials. WTO Members shall respect the international character of the duties of the Director General and the staff of the Secretariat and shall not seek to influence them in the performance of their duties.

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ARTICLE VII.

QUOTE AND CONTRIBUTIONS

1. The Director-General shall submit to the Committee on Budgetary, Financial and Administrative Affairs the draft budget and the annual financial statement of the WTO. The Committee on Budgetary, Financial and Administrative Affairs shall examine the draft budget and the annual financial statement submitted by the Director-General and make recommendations to the General Council. The draft annual budget shall be subject to the approval of the General Council.

2. The Committee on Budgetary, Financial and Administrative Affairs shall propose to the General Council a financial regulation comprising provisions to be laid down:

(a) the scale of contributions by which WTO expenditure is extended among its Members; and

(b) the measures to be taken in respect of Members with arrears in payment.

The financial regulation shall be based, as far as practicable, on the provisions and practices of the GATT of 1947.

3. The General Council shall adopt the Financial Regulation and the draft annual budget by a two-thirds majority comprising more than half of the WTO Members.

4. Each Member shall without delay provide to the WTO the share of the Organization's expenditure in accordance with the Financial Regulation adopted by the General Council.

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ARTICLE VIII.

WTO LEGAL STATUS.

1. The WTO shall have legal personality, and each of its Members shall confer upon it the legal capacity necessary for the exercise of its functions.

2. Each Member shall confer on the WTO the privileges and immunities necessary for the performance of its duties.

3. Each Member shall also confer on WTO officials and Members ' representatives the privileges and immunities necessary for the independent exercise of their functions in relation to the WTO.

4. The privileges and immunities to be granted by a Member to the WTO, to its officials and to the representatives of its Members shall be similar to the privileges and immunities provided for in the Convention on the Prerogatives and Immunities of the Specialized Agencies, approved by the United Nations General Assembly on November 21, 1947.

5. The WTO may conclude an agreement on the venue.

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ARTICLE IX.

DECISION ADOPTION.

1. The WTO will maintain the practice of decision-making by consensus followed within the framework of the GATT 1947.1 Unless otherwise provided, when a consensus decision cannot be reached on the subject matter of examination, it will be decided by voting. At the meetings of the Ministerial Conference and the General Council, each WTO member shall have one vote. Where the European Communities exercise their right to vote, they shall have a number of votes equal to the number of their Member States 2 which are Members of the WTO. Decisions of the Ministerial Conference and the General Council shall be taken by a majority of the votes cast, unless otherwise provided for in this Agreement or in the corresponding Multilateral Trade Agreement.3

2. The Ministerial Conference and the General Council shall have the exclusive power to adopt interpretations of this Agreement and the Multilateral Trade Agreements. In the case of an interpretation of a Multilateral Trade Agreement in Annex 1, that power shall be exercised on the basis of a Council recommendation to monitor the operation of that Agreement. The decision to adopt an interpretation shall be taken by a majority of three quarters of the Members. This subparagraph shall not apply in such a way as to undermine the amendment provisions laid down in Article X.

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1. The body concerned shall be deemed to have taken a decision by consensus on a matter under consideration if no Member present at the meeting at which the decision is taken is formally opposed to it.

2 The number of votes of the European Communities and their Member States shall in no case exceed the number of the Member States of the European Communities.

3 The decisions of the General Council meeting as a Dispute Settlement Body may be adopted only in accordance with the provisions of paragraph 4 of Article 2 of the Understanding on Dispute Settlement.

4 Decisions to grant an exemption in respect of an obligation subject to a transitional period or a staggered application period which the requesting Member has not complied with at the end of the relevant period shall be adopted only by consensus.

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3. In exceptional circumstances, the Ministerial Conference may decide to exempt a Member from an obligation imposed by this Agreement or by any of the Multilateral Trade Agreements, provided that such a decision is taken by Three-quarters 4 of Members, unless otherwise provided in this paragraph.

(a) Applications for exemption from this Agreement shall be submitted to the Ministerial Conference for consideration in accordance with the practice of decision-making by consensus. The Ministerial Conference shall set a time limit, which shall not exceed 90 days, to examine the application. If a consensus is not reached during that period, any decision to grant an exemption shall be taken by three quarters the Members.

(b) Applications for exemption from the Multilateral Trade Agreements of Annexes 1A, 1B or 1C and their Annexes shall be submitted to the Council for Trade in Goods, to the Trade in Services Council or to the Council of TRIPS, respectively, to be examined within a period not exceeding 90 days. At the end of that period, the relevant Council shall submit a report to the Ministerial Conference.

4. In any decision of the Ministerial Conference granting an exemption, the exceptional circumstances justifying the decision, the terms and conditions governing the application of the exemption and the date of expiry of the exemption shall be indicated. is. Any exemption granted for a period of more than one year shall be subject to examination by the Ministerial Conference at the latest one year after it has been granted, and thereafter once a year until it has become ineffective. In each examination, the Ministerial Conference shall check whether the exceptional circumstances justifying the exemption remain and whether the terms and conditions to which it is subject have been met. On the basis of the annual review, the Ministerial Conference may extend, amend or leave the exemption without effect.

5. Decisions taken under a Plurilateral Trade Agreement, including those relating to interpretations and exemptions, shall be governed by the provisions of that Agreement.

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ARTICLE X. AMENDMENTS.

1. Any Member of the WTO may promote a proposal to amend the provisions of this Agreement or the Multilateral Trade Agreements in Annex 1 by submitting it to the Ministerial Conference. The Councils listed in Article IV (5) may also submit to the Ministerial Conference proposals for amendments to the provisions of the corresponding Multilateral Trade Agreements in Annex 1, the operation of which shall be monitor. Unless the Ministerial Conference decides for a longer period, for a period of 90 days from the formal presentation of the proposal at the Ministerial Conference, any decision of the Ministerial Conference to submit to the Ministerial Conference Member acceptance of the proposed amendment shall be adopted by consensus. Unless the provisions of paragraphs 2, 5 or 6 are applicable, this decision shall specify whether the provisions of paragraphs 3 or 4 shall apply. If a consensus is reached, the Ministerial Conference shall immediately submit to the Members ' acceptance the proposed amendment. If no consensus is reached at a meeting held by the Ministerial Conference within the established period, the Ministerial Conference shall decide by a two-thirds majority of the Members whether or not to submit to the acceptance of the members. proposed amendment. Subject to paragraphs 2, 5 and 6, the provisions of paragraph 3 shall apply to the proposed amendment, unless the Ministerial Conference decides by a majority of three quarters of the Members to apply the provisions of the paragraph 4.

2. Amendments to the provisions of this Article and to the provisions of the Articles listed below shall take effect only after acceptance by all Members:

Article IX of this Agreement;

Articles I and II of the GATT 1994;

Article II, paragraph 1, of the GATS;

Article 4 of the TRIPS Agreement.

3. Amendments to the provisions of this Agreement or to the Multilateral Trade Agreements of Annexes IA and 1C not covered by those listed in paragraphs 2 and 6, which by their nature may alter the rights and obligations of the Members shall take effect for Members who have accepted them after their acceptance by two-thirds of the Members, and thereafter, for each of the other Members, after their acceptance by him. The Ministerial Conference may decide, by a majority of three quarters of the Members, that an amendment made effective under this paragraph is of such a nature that any Member who has not accepted it within the time limit laid down in each case shall the Ministerial Conference may withdraw from the WTO or remain a Member with the consent of the Ministerial Conference.

4. Amendments to the provisions of this Agreement or to the Multilateral Trade Agreements of Annexes 1A and 1C not covered by those listed in paragraphs 2 and 6, which by their nature cannot alter the rights and obligations of the Members shall take effect for all Members after their acceptance by two thirds of the Members.

5. Subject to the provisions of paragraph 2 above, the amendments of Parts I, II and III of the GATS and the corresponding Annexes shall take effect for Members who have accepted them after their acceptance by two-thirds of the Members, and thereafter, for each Member, after acceptance by the Member. The Ministerial Conference may decide, by a majority of three quarters of the Members, that an amendment made effective by virtue of the foregoing provision is of such a nature that any Member who has not accepted it within the time limit laid down in each Case by the Ministerial Conference may be withdrawn from the WTO or remain a Member with the consent of the Ministerial Conference. The amendments of Parts IV, V and VI of the GATS and of the relevant Annexes shall take effect for all Members following their acceptance by two thirds of these.

6. Notwithstanding the other provisions of this Article, the amendments to the TRIPS Agreement which satisfy the requirements laid down in Article 71 (2) of that Agreement may be adopted by the Ministerial Conference without any other formal acceptance process.

7. Any Member accepting an amendment to this Agreement or a Multilateral Trade Agreement in Annex 1 shall deposit an instrument of acceptance by the Director-General of the WTO within the time limit for acceptance set by the Conference. Ministerial.

8. Any Member of the WTO may promote a proposal to amend the provisions of the Multilateral Trade Agreements in Annexes 2 and 3 by submitting it to the Ministerial Conference. The decision to approve amendments to the Multilateral Trade Agreement in Annex 2 shall be adopted by consensus and these amendments shall take effect for all Members after approval by the Ministerial Conference. The decisions to approve amendments to the Multilateral Trade Agreement in Annex 3 shall take effect for all Members after approval by the Ministerial Conference.

9. The Ministerial Conference, at the request of the Members parties to a trade agreement, may decide, by consensus alone, to incorporate that agreement into Annex 4. The Ministerial Conference, at the request of the Members Parties to a Plurilateral Trade Agreement, may decide to delete that Agreement from Annex 4.

10. Amendments to a Plurilateral Trade Agreement shall be governed by the provisions of that Agreement.

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ARTICLE XI.

INITIAL members.

1. The Contracting Parties to the GATT of 1947 on the date of the entry into force of this Agreement, and the European Communities, which accept this Agreement and the Multilateral Trade Agreements and for which it is annexed Lists of Concessions and Commitments to the GATT 1994, and for which it is annexed Lists of Specific Commitments to the GATS, will become initial Members of the WTO.

2. The least developed countries recognized as such by the United Nations should only make commitments and make concessions to the extent compatible with the needs of each of them in the fields of development, finance and trade or with their administrative and institutional capabilities.

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ARTICLE XII.

ADHESION.

1. Any State or other customs territory other than enjoying full autonomy in the conduct of its external trade relations and in the other matters covered by this Agreement and in the Multilateral Trade Agreements may accede to the This Agreement shall be in accordance with the conditions to be agreed with the WTO. Such accession shall apply to this Agreement and to the Multilateral Trade Agreements annexed thereto.

2. Decisions on accession will be taken by the Ministerial Conference, which will approve the agreement on the conditions of accession by a two-thirds majority of WTO Members.

3. Adherence to a Plurilateral Trade Agreement shall be governed by the provisions of that Agreement.

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ARTICLE XIII.

NOT APPLYING MULTILATERAL TRADE AGREEMENTS BETWEEN MEMBERS.

1. This Agreement and the Multilateral Trade Agreements listed in Annexes 1 and 2 shall not apply between two Members if one or the other does not consent to such application at the time when any of them becomes a Member.

2. Paragraph 1 may be used between the initial WTO Members who have been contracting parties to the GATT 1947 only if Article XXXV of that Agreement had been used in the past and that Article was in force. between those contracting parties at the time of entry into force for them of this Agreement.

3. Paragraph 1 shall apply between a Member and another Member who has acceded under Article Xll only if the Member who does not consent to the application has notified it to the Ministerial Conference prior to the approval of the agreement on the conditions of accession.

4. At the request of any Member, the Ministerial Conference may examine the application of this Article in particular cases and make appropriate recommendations.

5. The non-application of a Plurilateral Trade Agreement between parties therein shall be governed by the provisions of that Agreement.

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ARTICLE XIV.

ACCEPTANCE, ENTRY INTO EFFECT, AND REPOSITORY.

1. This Agreement shall be open to the acceptance, by signature or formality of another class, of the Contracting Parties to the GATT of 1947, and of the European Communities, which fulfil the conditions laid down in Article Xl of this Agreement for be initial members of the WTO. Such acceptance shall apply to this Agreement and to the Multilateral Trade Agreements to the Annexes. This Agreement and the Multilateral Trade Agreements to the Annexes shall enter into force on the date to be determined by the Ministers in accordance with the provisions of paragraph 3 of the Final Act incorporating the results of the Uruguay Round of Multilateral trade negotiations and will be open to acceptance for a period of two years from that date, unless otherwise decided by the Ministers. Any acceptance following the entry into force of this Agreement shall take effect on 30 or 30. day following the date of the acceptance.

2. Members who accept this Agreement after entry into force shall implement the concessions and obligations laid down in the Multilateral Trade Agreements to be applied over a period of time to from the entry into force of this Agreement as if they had accepted this instrument on the date of its entry into force.

3. Until the entry into force of this Agreement, its text and that of the Multilateral Trade Agreements shall be deposited with the Director-General of the Contracting Parties to the GATT 1947. The Director-General shall forward without delay to each of the governments and to the European Communities, which have accepted this Agreement, an authenticated copy of this instrument and of the Multilateral Trade Agreements, and notification of each acceptance of the same. On the date of its entry into force, this Agreement and the Multilateral Trade Agreements, as well as any amendments thereto, shall be deposited with the Director-General of the WTO.

4. The acceptance and entry into force of a Plurilateral Trade Agreement shall be governed by the provisions of that Agreement. Such Agreements shall be deposited with the Director-General of the Contracting Parties to the GATT 1947. When this Agreement enters into force, those Agreements shall be deposited with the Director-General of the WTO.

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ARTICLE XV.

COMPLAINT.

1. Any Member may denounce this Agreement. This complaint shall apply to this Agreement and to the Multilateral Trade Agreements and shall take effect upon expiry of a period of six months from the date on which the Director-General of the European Union has received written notification from the Commission. the WTO.

2. Denunciation of a Plurilateral Trade Agreement shall be governed by the provisions of that Agreement.

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ARTICLE XVI.

VARIAS PROVISIONS.

1. Unless otherwise provided in this Agreement or in the Multilateral Trade Agreements, the WTO shall be governed by the customary decisions, procedures and practice of the GATT CONTRACTING PARTIES of 1947 and the bodies established in the the frame of the same.

2. To the extent practicable, the GATT Secretariat of 1947 shall become the WTO Secretariat and the Director-General of the GATT CONTRACTING Parties of 1947 shall act as Director-General of the WTO until the Ministerial Conference is appointed by the WTO. Director-General in accordance with the provisions of paragraph 2 of Article Vl of this Agreement.

3. In the event of a conflict between a provision of this Agreement and a provision of any of the Multilateral Trade Agreements, the provision of this Agreement shall prevail, to the extent that there is conflict.

4. Each Member shall ensure the conformity of its laws, regulations and administrative procedures with the obligations imposed on it by the Annexes.

5. No reservations may be made with regard to any provision of this Agreement. Reservations with regard to any of the provisions of the Multilateral Trade Agreements may be made only to the extent provided for therein. Reservations regarding a provision of a Plurilateral Trade Agreement shall be governed by the provisions of that Agreement.

6. This Agreement shall be registered in accordance with the provisions of Article 102 of the Charter of the United Nations.

FACT in Marrakech on April 15, one thousand nine hundred and ninety-four, in a single copy and in the Spanish, French and English languages, each of the texts being equally authentic.

Explanatory notes:

The terms "country" and "countries" used in this Agreement and in the Multilateral Trade Agreements should be understood to include any other customs territory, a WTO member. In the case of a customs territory other than a Member of the WTO, where an expression appearing in this Agreement and in the Multilateral Trade Agreements is qualified by the term 'national', the term 'national' shall be understood as referring to: that customs territory, unless otherwise specified.

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"Laws since 1992-Expressed Effective and Constitutionality Sentences"
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Last Updated: September 23, 2016
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