Act 170 1994

Original Language Title: LEY 170 de 1994

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LAW 170
1994 (December 15)
Official Gazette No. 41637 of December 16, 1994
through which the Agreement establishing the "World Trade Organization (states approved WTO) ", signed in Marrakesh (Morocco) on 15 April 1994, its annexes multilateral agreements and plurilateral Agreement Annex on Bovine Meat Summary

Term Notes
THE CONGRESS OF COLOMBIA, URUGUAY ROUND


FINAL ACT MARRAKESH, 15 APRIL 1994 MULTILATERAL TRADE NEGOTIATIONS


Trade Negotiations Committee FINAL ACT EMBODYING THE RESULTS OF THE URUGUAY ROUND OF MULTILATERAL TRADE NEGOTIATIONS

Marrakech, April 15, 1994 LIST OF ABBREVIATIONS


WTO Agreement: Aspects of Intellectual Property Rights Trade-Related
GATS: General Agreement on Trade in Services MFA: Agreement Agreement establishing the World Trade Organization TRIPS establishes
regarding International Trade in Textiles
World Bank: International Bank for Reconstruction and Development
CEC Customs Cooperation Council Dispute Settlement Understanding / ESD
: Understanding on rules and procedures Governing are governs the dispute
FAO: United Nations Organization for Food and Agriculture
IMF: International Monetary Fund
GATT: 1994 General Agreement on Tariffs and Trade 1994
GPE: Permanent group of Experts (in Agreement on Subsidies and Countervailing Measures)
BISD Basic Instruments and Selected Documents (series published by the GATT) ISO
:
International Organization for Standardization ISO / IEC: ISO / Commission MEPC International Electrotechnical
: Review Mechanism trade Policy
AMS: Aggregate Measurement of Support (in Agreement on Agriculture)
MIC: Measures concerning trade-related investment TPRB
: Review Body Trade Policy
WTO: World Trade Organization
DSB: Dispute Settlement Body
OST: Body Textiles Monitoring
OVT: Surveillance Body Textiles | || SA: Harmonized Commodity Description and Coding
SGE: special Safeguard (in Agreement on Agriculture)
Secretariat: Secretariat of the World Trade Organization
Secretariat of the CEC Council Secretariat
Customs cooperation SMC:
Subsidies and Countervailing Measures TE: special Treatment (in Annex 5 of the Agreement on Agriculture)

INDEX ACTA FINAL7
AGREEMENT ESTABLISHING tHE WORLD HEALTH oRGANIZATION tHE COMERCIO11

125 ANNEX ANNEX 1A: MULTILATERAL AGREEMENTS oN TRADE iN MERCANCIAS25
General Agreement on Tariffs and Trade 199427
Understanding on the interpretation of paragraph 1 b) of Article 11 of the Agreement General on Tariffs and Trade 199431
Understanding on the interpretation of Article XVII of the General Agreement on Tariffs and Trade 199,433
Understanding on the provisions of the General Agreement on Tariffs and Trade balance-1994en of pagos35
Understanding on the interpretation of Article XXIV of the General Agreement on Tariffs and Trade 199439
Understanding on waivers of obligations under the General Agreement on Tariffs and Trade of Understanding on
199443 the interpretation of Article XXVIII of the General Agreement on Tariffs and Trade 199,445
Marrakesh Protocol to the General Agreement on Tariffs and Trade 1994.47
Agreement on Agricultura_49__Acuerdo on the Application of Sanitary and Fitosanitarios.79 | || Agreement on Textiles and Vestido95
Agreement on Technical Barriers to Comercio131
Measures Agreement on Investment related Comercio153
Agreement on Implementation of Article VI of the General Agreement on Tariffs
1994159 and Trade Agreement on Implementation of Article VII of the General Agreement on Tariffs and Trade Agreement on Pre
1994185 Inspection Agreement on the Expedición.215

Origen225 Standards Agreement procedures Licensing Importación237
Measures Agreement on Subsidies and Safeguards Agreement Compensatorias245

293 ANNEX 1 B: General Agreement on Trade in Servicios303
ANNEX 1C: Agreement on Trade-Related aspects Intellectual Property rights related Comercio341
ANNEX 2: Understanding on rules and procedures governing the settlement of diferencias375
governed ANNEX 3: Mechanism Policy Review Comerciales403
ANNEX 4
:
Plurilaterales407 Trade Agreements Agreement on Trade Civiles407 Aircraft Procurement Agreement Pública407

International Dairy Agreement 407 Agreement
International Bovine Meat 407
Ministerial Decisions and Declarations
Decision on measures in favor of the least adelantados409
Declaration on the contribution of the World Trade Organization to achieving greater coherence in economic policy at mundial411 || | Decision on procedures notificación413
Declaration on the relationship of the World Trade Organization with the Internacional417 Monetary Fund
Decision on measures concerning the possible negative effects of the reform program on least developed countries and the net importers
product development alimenticios419 Decision on notification of first integration under paragraph 6 of Article 2 of the Agreement on Textiles and Vestido421
Decisions on the Agreement on Technical Barriers to Trade Decision countries proposed understanding on an information system WTO-ISO
normas423 decision on the review of the information published by the information Center of the ISO / CEI424
Decisions and Declaration on the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 Decision on measures against elusión425
Decision on review of paragraph 6 of Article 17 of the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994426
Declaration on dispute settlement pursuant to the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 or Part V of the Agreement on Subsidies and Countervailing Measures Decisions 427
the Agreement on Implementation of Article VII of the General Agreement on Tariffs and Trade 1994
Decision on cases where customs administrations have reason to doubt the truth or accuracy of the value declarado429 decision
the texts relating to minimum values ​​and imports by sole agents, sole distributors and dealers exclusivos430
decisions on General Agreement on Trade in Services Decision on institutional arrangements for the General Agreement on Trade in Servicios431 || | Decision on certain dispute settlement procedures for the General Agreement on trade in Servicios432
Decision on trade in services and the means ambiente433
Decision on negotiations on movement of people físicas434
Decision financieros435 services concerning
Decision on negotiations on transport services marítimo436
Decision on negotiations on telecommunications básicas438
Decision on profesionales439 services
Decision on accession to the Agreement on Government Procurement Pública441
Decision on the application and review of the Understanding on rules and procedures governing the settlement of diferencias443
governed UNDERSTANDING oN COMMITMENTS oN SERVICES FINANCIEROS445
FINAL ACT EMBODYING tHE RESULTS oF URUGUAY ROUND MULTILATERAL TRADE NEGOTIATIONS

1. Having met in order to conclude the Uruguay Round of Multilateral Trade Negotiations, representatives of governments and of the European Communities, members of the Trade Negotiations Committee, agree that the Agreement establishing the World Trade Organization is established (hereinafter referred to this Final Act "WTO Agreement"), the Ministerial Declarations and Decisions and the Understanding on commitments in financial services, annexed hereto, embody the results of their negotiations and form an integral part of this Final Act .
2. By signing the present Final Act, the representatives agree:
a. submit, as appropriate, the WTO Agreement for the consideration of their respective competent authorities with a view to seeking approval of the Agreement in accordance with their 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 as "participants") accept the WTO Agreement with a view to bringing it into force on 1. January 1995, or as soon as possible after that date. Not later than late 1994, Ministers will meet, in accordance with the final PARRALO of the Ministerial Declaration of Punta del Este, to decide on the international implementation of the results and the date of its entry into force.
4. The representatives agree that the WTO Agreement shall be open for acceptance horn a whole, by signature or otherwise, by all participants pursuant to Article XIV. The acceptance and entry into force of a Plurilateral Trade Agreement included in Annex 4 of the WTO Agreement shall be governed by the provisions of that Plurilateral Trade Agreement.
5. Before accepting the WTO Agreement, participants which are not contracting parties to the General Agreement on Tariffs and Trade must first have concluded negotiations for accession to the General Agreement and become contracting parties thereto. In the case of participants who are not contracting parties to the General Agreement on the date of the Final Act, the Schedules are not definitive and shall be subsequently completed for the purpose of their accession to the General Agreement and acceptance by them of the Agreement the WTO.
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 who shall promptly with a certified copy thereof to each participant.
DONE at Marrakesh this fifteenth day of April in 1994 in a single copy in Spanish, French and English, each text being equally authentic.
[Shall include a list of signatories in the text of the Final Act of treated paper to be submitted for signature].
AGREEMENT THE WORLD TRADE ORGANIZATION ESTABLISHING

The Parties to this Agreement,
Recognizing that their relations in the field of trade and economic endeavor should be to raise standards of living, ensuring full employment and a steady increase volume and revenue real and effective demand, and expanding the production and trade of goods and services, while allowing for the optimal use of world resources in accordance with the objective of sustainable development, seeking both to protect and preserve the environment and enhance the means for doing so , consistent with their respective needs and concerns at different levels of economic development,
further recognizing the need for positive efforts for developing countries, especially LDCs, secure a share in the growth in international trade that meets the needs of their economic development,
Desiring to contribute to the achievement of these objectives by concluding agreements to obtain, on the basis of reciprocity and mutual benefit, the substantial reduction of tariffs and other barriers to trade and the elimination of discriminatory treatment in international trade relations,
Resolved, therefore, to develop an integrated, more viable and durable multilateral trading system encompassing the General Agreement on Tariffs and trade , the results of past trade liberalization efforts and comprehensive income of multilateral trade Negotiations of the Uruguay Round,
Determined to preserve the basic principles and to further the objectives underlying this multilateral trading system, || | agreed as follows: Article I.

ESTABLISHMENT OF tHE ORGANIZATION.

Is established by this Agreement the World Trade Organization (hereinafter "WTO").

ARTICLE II.
WTO level.

1. The WTO shall provide the common institutional framework for the development of trade relations among its Members in matters related to the agreements and associated legal instruments included in the Annexes to this Agreement.
2. The agreements and associated legal instruments included in Annexes 1, 2 and 3 (hereinafter referred to as "Multilateral Trade Agreements") are integral parts of this Agreement, binding on all Members.

3. The agreements and associated legal instruments included in Annex 4 (hereinafter referred to as "Plurilateral Trade Agreements") are also part of this Agreement for those Members that have accepted them, and are binding on those. The Plurilateral Trade Agreements do not create obligations or rights for Members that have not accepted them.
4. The General Agreement on Tariffs and Trade 1994 as specified in Annex 1A (hereinafter referred to as "GATT 1994") it is legally distinct from the General Agreement on Tariffs and Trade, dated 30 October 1947, annexed to the Final Act I adopted at the end of the second session of the Preparatory Committee of the United Nations Conference on Trade and Employment subsequently rectified, amended or modified (hereinafter referred to as "GATT 1947").

ARTICLE III.
FUNCTIONS OF THE WTO.

1. The WTO shall facilitate the implementation, administration and operation of this Agreement and the Multilateral Trade Agreements and contribute to achieving its objectives, and also provide the framework for the implementation, administration and operation of the Plurilateral Trade Agreements.
2. The WTO shall provide the forum for negotiations among its Members concerning their multilateral trade relations in matters dealt with under the agreements in the Annexes to this Agreement. The WTO may also provide a forum for further negotiations among its Members concerning their multilateral trade relations, and a framework for the implementation of the outcome of these negotiations, as decided by the Ministerial Conference.
3. The WTO shall administer the Understanding on Rules and Procedures Governing the Settlement of Disputes (hereinafter "Dispute Settlement Understanding" or "DSU") in Annex 2 of this Agreement is governed.
4. The WTO shall administer Review Mechanism Trade Policy (hereinafter referred to as "MEPC") set out in Annex 3 to this Agreement.
5. In order to achieve greater consistency in the formulation of global economic policies, the WTO shall cooperate, as appropriate, with the International Monetary Fund and the International Bank for Reconstruction and Development and its affiliated agencies.

ARTICLE IV.
STRUCTURE OF THE WTO.

1. a Ministerial Conference composed of representatives of all Members, which shall meet at least once every two years will be established. The Ministerial Conference shall carry out the functions of the WTO and take the necessary measures 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 so requested by a Member, in accordance with the specific requirements set out in terms of decision-making in the this Agreement and the relevant Multilateral Trade Agreement.
2. a General Council, composed of representatives of all Members, which shall meet as appropriate be established. In the intervals between meetings of the Ministerial Conference, perform the functions by the General Council. The General Council also perform the functions assigned to it by this Agreement. The General Council shall establish its rules of procedure and approve the committees provided for in paragraph 7.
3. The General Council shall convene as appropriate to discharge the functions of the Dispute Settlement Body established by the Dispute Settlement Understanding. The Dispute Settlement Body may have its own chairman and shall establish the procedural rules it deems necessary for the fulfillment of those responsibilities.
4. The General Council shall convene as appropriate to discharge the functions of the Review Body Trade Policy established at MEPC. The Review Body Trade Policy may have its own chairman and establish rules of procedure as it deems necessary for the fulfillment of those responsibilities.

5. a Council for Trade in Goods, a Council for Trade in Services and a Council for Trade-Related Aspects of Intellectual Property Rights Trade-Related (hereinafter called "Council for TRIPS"), which operate under the general guidance will be established General advice. The Council for Trade in Goods shall oversee the functioning of the Multilateral Trade Agreements in Annex 1A. The Council for Trade in Services shall oversee the functioning of the General Agreement on Trade in Services (hereinafter "GATS"). The Council for TRIPS shall monitor the operation of the TRIPS Agreement (hereinafter "the TRIPS Agreement"). These Councils shall perform the functions assigned to them by their respective agreements and by the General Council. They establish their respective rules of procedure, subject to approval by the General Council. They may form part of these councils representatives of all Members. These Councils shall meet as necessary for the performance of their duties.
6. The Council for Trade in Goods, the Council for Trade in Services and the Council for TRIPS shall establish subsidiary bodies as required. These subsidiary bodies shall establish their respective rules of procedure subject to approval by the respective Councils.
7. The Ministerial Conference shall establish a Committee on Trade and Development, a Committee on Balance-of-Payments and a Committee on Budget, Finance and Administration, which shall perform the functions assigned to them by this Agreement and the Multilateral Trade Agreements and additional functions assigned to them by the General Council, and may establish additional Committees with such functions as it deems appropriate. The Committee on Trade and Development shall periodically review as part of their duties, special provisions for the least-developed countries contained in the Multilateral Trade Agreements and report to the General Council for the adoption of appropriate provisions. They may be part of these committees representatives of all Members.
8. Bodies established under the Plurilateral Trade Agreements shall perform the functions assigned to them under those Agreements and shall operate within the institutional framework of the WTO. These bodies regularly inform the General Council on their respective activities.


ARTICLE V. RELATIONS WITH OTHER ORGANIZATIONS.

1. The General Council shall make appropriate arrangements for effective cooperation with other intergovernmental organizations that have responsibilities related to those of the WTO.
2. The General Council may make appropriate arrangements for consultation and cooperation with non-governmental organizations concerned with matters related to the WTO.

ARTICLE VI. SECRETARIAT


1. a Secretariat of the WTO (hereinafter the "Secretariat") headed by a Director-General.
2. The Ministerial Conference shall appoint the Director General and adopt regulations setting out the powers, duties, conditions of service and term of office of the Director General.
3. The Director General shall appoint the staff of the Secretariat and determine their duties and conditions of service in accordance with regulations adopted by the Ministerial Conference.
4. The functions of the Director General and the staff of the Secretariat shall be exclusively international character. In the performance of their duties, the Director General and the staff shall not seek or accept instructions from any government or from any other authority external to the WTO and shall refrain from any action that may be incompatible with their status as international officials . Members of the WTO shall respect the international character of the responsibilities of the Director General and the staff of the Secretariat and not seek to influence them in the discharge of their duties.

ARTICLE VII. BUDGET AND CONTRIBUTIONS


1. The Director General shall submit to the Committee on Budget, Finance and Administration the draft budget and the annual financial statement of the WTO. The Committee on Budget, Finance and Administration will consider the draft budget and the annual financial statement presented by the Director General and make recommendations thereon to the General Council. The draft annual budget is subject to approval by the General Council.

2. The Committee on Budget, Finance and Administration shall propose to the General Council financial regulations which shall include provisions established:
a) the scale of contributions for the expenses of the WTO among its Members apportioning; and
b) measures concerning Members in arrears in the payment be taken.
The financial regulations shall be based, as far as practicable, on the regulations and practices of GATT 1947. 3
. The General Council shall adopt the financial regulations and the annual budget by a two-thirds majority comprising more than half of the Members of the WTO.
4. Each Member shall promptly contribute to the WTO its share in the expenses of the Organization in accordance with the financial regulations adopted by the General Council.

ARTICLE VIII.
STATUS WTO.

1. The WTO shall have legal personality, and each of its Members such legal capacity necessary for the exercise of their functions.
2. Each of the Members The WTO privileges and immunities necessary for the performance of their duties.
3. Each Member shall also confer on WTO officials and representatives of member privileges and immunities necessary for the independent exercise of their functions in connection with the WTO.
4. The privileges and immunities accorded by a Member to the WTO, its officials and representatives of its Members shall be similar to the privileges and immunities provided in the Convention on Privileges and Immunities of the Specialized Agencies approved by the General Assembly United Nations on 21 November 1947.
5. The WTO may conclude an agreement on the seat.

ARTICLE IX.
Decision-making.

1. The WTO shall continue the practice of decision-making by consensus followed under GATT 1947.1 Except as otherwise provided, if it can not reach a decision by consensus, the matter at issue be decided by voting. At meetings of the Ministerial Conference and the General Council, each Member of the WTO shall have one vote. Where the European Communities exercise their right to vote, 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 in this Agreement or the Multilateral Trade correspondiente.3 A sane
2. The Ministerial Conference and the General Council shall have the exclusive authority 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 shall exercise their authority on the basis of a recommendation by the Council overseeing the functioning of that Agreement. The decision to adopt an interpretation shall be taken by a majority of three quarters of Members. This paragraph shall not apply in a manner that would undermine the amendment provisions in Article X. established
------------------------- -------------------------------------------------- -----------------------------

FOOTNOTE 1. It shall be deemed that the body concerned has taken a decision by consensus on a matter submitted for its consideration if no present at the meeting when the decision is taken, formally oppose it.
2 The number of votes of the European Communities and its Member States shall not in any event exceed the number of Member States of the European Communities.
3. Decisions of the General Council meeting as Dispute Settlement Body may only be adopted in accordance with the provisions of paragraph 4 of Article 2 of the Dispute Settlement Understanding.
4 Decisions to grant an exemption from any obligation subject to a transition period or a period for staged implementation that the requesting Member has not performed by the end of the relevant period shall be taken only by consensus.
----------------------------------------------- --------------------------------------------------
------- 3. In exceptional circumstances, the Ministerial Conference may decide to exempt a Member of an obligation under this Agreement or any of the Multilateral Trade Agreements, provided that such decision shall be taken by three fourths 4 of the Members unless provided otherwise in this paragraph.

A) Requests for waiver concerning this Agreement shall be submitted to the Ministerial Conference for consideration pursuant to the practice of decision-making by consensus. The Ministerial Conference shall establish a term not exceeding 90 days to consider the request. If during this period is not reached consensus, any decision to grant a waiver shall be taken by three fourths 4 of the Members.
B) Requests for waiver concerning the Multilateral Trade Agreements in Annexes 1A, 1B or 1C and their annexes shall be submitted initially to the Council for Trade in Goods, the Council for Trade in Services or the Council for TRIPS, respectively, for consideration 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. A decision by the Ministerial Conference for which an exemption is granted the exceptional circumstances justifying the decision shall indicate the terms and conditions governing the application of the exemption and the date of expiry. Any waiver granted for a period of more than one year shall be reviewed by the Ministerial Conference not later than one year after it is granted, and then once a year until it is void. In each review, the Ministerial Conference shall examine whether the exceptional circumstances justifying the exemption and whether they have met the terms and conditions it is subject. Based on the annual review, the Ministerial Conference may extend, modify or terminate the waiver.
5. Decisions taken under a Plurilateral Trade Agreement, including those on interpretations and waivers, shall be governed by the provisions of this Agreement.

ARTICLE X. AMENDMENTS.

1. Any Member of the WTO may initiate a proposal to amend the provisions of this Agreement or the Multilateral Trade Agreements in Annex 1 by submitting to the Ministerial Conference. The Councils listed in paragraph 5 of Article IV may also submit to the Ministerial Conference proposals to amend the provisions of the corresponding Multilateral Trade Agreements in Annex 1 the functioning monitor. Unless the Ministerial Conference decides on a longer period, for a period of 90 days from the formal presentation of the proposal at the Ministerial Conference any decision by the Ministerial Conference to submit acceptance of Members to the proposed amendment be adopted by consensus. Unless applicable provisions of paragraphs 2, 5 or 6 apply, that decision shall specify whether the provisions of paragraphs 3 or 4 shall apply If we reach a consensus, the Ministerial Conference shall forthwith submit the acceptance of Members the proposed amendment. Failure to reach a consensus at a meeting of the Ministerial Conference within the established period, the Ministerial Conference shall decide by a majority of two thirds of the Members whether to submit the acceptance of Members to the 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 three-fourths majority of the Members that the provisions of paragraph 4 shall apply.
2. Amendments to the provisions of this article and the provisions of the articles listed below take effect only upon acceptance by all Members:
Article IX of this Agreement;
Articles I and II of GATT 1994;
Article II, paragraph 1 of GATS;
Article 4 of the TRIPS Agreement.
3. Amendments to the provisions of this Agreement or the Multilateral Trade Agreements in Annexes IA and 1C, other than those listed in paragraphs 2 and 6, which by their nature can alter the rights and obligations of Members, shall take effect for members that have accepted them upon acceptance by two thirds of the members and thereafter for each other Member upon acceptance by it. The Ministerial Conference may decide by a three-fourths majority of the Members an amendment made effective under this paragraph is such that any Member which has not accepted within the time limit set in each case by the Ministerial Conference may withdraw WTO or remain a member with the consent of the Ministerial Conference.

4. Amendments to the provisions of this Agreement or the Multilateral Trade Agreements in Annexes 1A and 1C, other than those listed in paragraphs 2 and 6, which by their nature can not alter the rights and obligations of Members, shall take effect for all Members upon acceptance by two-thirds of these.
5. Subject to the provisions of paragraph 2 above, amendments to Parts I, II and III of GATS and the respective annexes shall take effect for the Members that have accepted them upon acceptance by two thirds of the Members and thereafter, for each Member upon acceptance by it. The Ministerial Conference may decide by a three-fourths majority of the Members an amendment made effective under the foregoing provision is such that any Member which has not accepted within the time limit set in each case by the Ministerial Conference may withdraw from the WTO or remain a member with the consent of the Ministerial Conference. Amendments to Parts IV, V and VI of GATS and the respective annexes shall take effect for all Members upon acceptance by two-thirds of these.
6. However, the other provisions of this Article amendments to the Agreement on TRIPS meeting the requirements of paragraph 2 of Article 71 of the Agreement may be adopted by the Ministerial Conference without further formal acceptance process.
7. Any Member accepting an amendment to this Agreement or to a Multilateral Trade Agreement in Annex 1 shall deposit an instrument of acceptance with the Director General of the WTO within the period of acceptance specified by the Ministerial Conference.
8. Any Member of the WTO may initiate a proposal to amend the provisions of the Multilateral Trade Agreements in Annexes 2 and 3 by submitting to the Ministerial Conference. The decision to approve amendments to the Multilateral Trade Agreement in Annex 2 shall be made by consensus and these amendments shall take effect for all Members upon approval by the Ministerial Conference. Decisions to approve amendments to the Multilateral Trade Agreement in Annex 3 shall take effect for all Members upon approval by the Ministerial Conference.
9. The Ministerial Conference, upon the request of the Members parties to a trade agreement, may decide exclusively by consensus to add that agreement to Annex 4. The Ministerial Conference, upon the request of the Members parties to a Plurilateral Trade Agreement is incorporated, you may decide that that Agreement from Annex 4.
10 is deleted. Amendments to a Plurilateral Trade Agreement shall be governed by the provisions of this Agreement.

ARTICLE XI.
Initial members.

1. The contracting parties to GATT 1947 as of the date of entry into force of this Agreement, and the European Communities, which accept this Agreement and the Multilateral Trade Agreements and for which Schedules of Concessions and Commitments to GATT 1994 are annexed and for which Schedules of Specific Commitments are annexed to GATS, shall become original Members of the WTO.
2. The least developed countries recognized as such by the United Nations should only undertake commitments and concessions to the extent consistent with the needs of each of them in development, financial and trade needs or their administrative and institutional capacities.

ARTICLE XII.
ACCESSION.

1. Any State or separate customs territory possessing full autonomy in the conduct of its external commercial relations and other matters provided for in this Agreement and the Multilateral Trade Agreements may accede to this Agreement on terms to be agreed with the WTO. Such accession shall apply to this Agreement and the Annexes thereto Multilateral Trade Agreements.
2. Decisions on accession shall be taken by the Ministerial Conference to approve the agreement on the terms of accession by a majority of two thirds of WTO members.
3. Accession to a Plurilateral Trade Agreement shall be governed by the provisions of this Agreement.

ARTICLE XIII. NO
IMPLEMENTATION OF MULTILATERAL TRADE AGREEMENTS BETWEEN MEMBERS.

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

2. Recourse may be had to paragraph 1 in initial WTO members that have been contracting parties to the GATT 1947 only if they had previously resorted to Article XXXV of that Agreement and that the article was in force between those contracting parties at the time the entry into force of this Agreement for them.
3. Paragraph 1 shall apply between a Member and another Member which has acceded under Article XII only if the Member not consenting to the application would have notified the Ministerial Conference before the approval of this agreement on the conditions of accession .
4. At the request of any Member, the Ministerial Conference may review the implementation of this article in particular cases and make appropriate recommendations.
5. The non-application of a Plurilateral Trade Agreement between parties thereto shall be governed by the provisions of this Agreement.

ARTICLE XIV.
ACCEPTANCE, ENTRY INTO FORCE AND DEPOSIT.

1. This Agreement shall be open for acceptance by signature or otherwise, by contracting parties to GATT 1947, and the European Communities, meeting the conditions stipulated in Article XI of this Agreement to become original Members WTO. Such acceptance shall apply to this Agreement and the Multilateral Trade Agreements annexed thereto. This Agreement and the Multilateral Trade annexed thereto shall come into force on a date determined by the Ministers in accordance with paragraph 3 of the Final Act Embodying the Results of the Uruguay Round of Multilateral Trade Negotiations are incorporated and will be open to the acceptance for a period of two years from that date, unless otherwise decided by the Ministers. An acceptance following the entry into force of this Agreement shall take effect on the 30th. day following the date of acceptance.
2. Members accept this Agreement after its entry into force will implement the concessions and obligations under the Multilateral Trade Agreements to be applied over a period after 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, the text and the Multilateral Trade Agreements shall be deposited with the Director General of the CONTRACTING PARTIES to GATT 1947. The Director General shall promptly furnish to each of the governments, and communities European, which have accepted this Agreement, a certified copy of this instrument and the Multilateral Trade Agreements, and a notification of each acceptance thereof. On the date of its entry into force, this Agreement and the Multilateral Trade Agreements, and any amendments thereto, they 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 this Agreement. Such Agreements shall be deposited with the Director General of the Contracting Parties to GATT 1947. Upon entry into force of this Agreement, such Agreements shall be deposited with the Director General of the WTO.

ARTICLE XV.
Complaint.

1. Any Member may terminate this Agreement. Such withdrawal shall apply to this Agreement and the Multilateral Trade Agreements and shall take effect upon the expiration of a period of six months from the date of receipt written on the same Director General of the WTO.
2. The complaint of a Plurilateral Trade Agreement shall be governed by the provisions of this Agreement.

ARTICLE XVI. MISCELLANEOUS PROVISIONS
.

1. Except as otherwise provided in this Agreement or the Multilateral Trade Agreements, the WTO shall be governed by the decisions, procedures and customary practice of the CONTRACTING PARTIES to GATT 1947 and the bodies established under the same.
2. To the extent feasible, the Secretariat of GATT 1947 shall become the WTO Secretariat and the Director General of the Contracting Parties to the GATT 1947 will act as Director General of the WTO until Ministerial Conference appoint a Director General in accordance with the provisions of paragraph 2 of Article VI of this Agreement.
3. In case of conflict between a provision of this Agreement and a provision of any of the Multilateral Trade Agreements, to the extent of the conflict, the provisions of this Agreement.

4. Each Member shall ensure the conformity of its laws, regulations and administrative procedures with its obligations as provided in the annexed Agreements.
5. No reservations may be made in respect of any provision of this Agreement. Reservations in respect of any of the provisions of the Multilateral Trade Agreements may only be made to the extent provided therein. Reservations in respect of a provision of a Plurilateral Trade Agreement shall be governed by the provisions of this Agreement.
6. This Agreement shall be registered in accordance with the provisions of Article 102 of the United Nations Charter.
DONE at Marrakesh this fifteenth day of April in 1994, in a single copy in the Spanish, French and English, each being equally authentic.
Notes:
be understood that the terms "country" and "countries" as used in this Agreement and the Multilateral Trade Agreements include any separate customs territory Member of the WTO. In the case of a separate customs territory Member of the WTO, where an expression contained in this Agreement and the Multilateral Trade Agreements is qualified by the term "national" means that the term refers to that customs territory, unless otherwise specified otherwise.
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