0.632.209 original text agreement establishing the Advisory Centre on the law of the WTO determined in Seattle on 30 November 1999 approved by the Federal Assembly on 21 March 2003, Instrument of accession deposited by the Switzerland on 5 November 2004, entered into force for the Switzerland on 5 December 2004 (State on May 5, 2014) the Parties to this agreement, noting that the agreement establishing the Organization World of trade (hereinafter referred to as the "WTO") created a legal system and procedures complexes for the settlement of disputes;
taking note also of them of development, in particular the least developed countries, and economies in transition have limited expertise of legislation of WTO as well as the management of complex commercial disputes and their ability to acquire such expertise is limited by serious constraints financial and institutional;
Recognizing that there can be no fair balance between the rights and obligations resulting from the agreement establishing the WTO only if all members of the WTO include the rights and obligations resulting, and if they have the same opportunities to resort to settlement procedures disputes of the WTO;
grateful also that the credibility and acceptability of the WTO dispute settlement procedures cannot be assured if all WTO members can participate effectively.
resolved, therefore, to create a source of training, expertise and legal opinions on the legislation of WTO easily accessible to developing countries, in particular to the least developed countries, and economies in transition;
agreed to the following: art. 1 institution of the Advisory Center on law of WTO Advisory Centre on WTO law (hereinafter the 'Centre') is established by this agreement.
Art. 2 objectives and functions of the Centre 1. The purpose of the Center is to provide to developing countries, in particular to the least developed countries, and economies in transition training, assistance and legal advice on WTO law and dispute settlement procedures.
2. to this end, the Centre: a) will provide legal advice on WTO law; b) will provide assistance to the Parties and Third Parties in the WTO dispute settlement procedures; c) will train officials in the WTO by seminars on the legislation law and the jurisprudence of the WTO, the courses and other appropriate means; d) and will exercise any other function that it is assigned by the General Assembly.
Art. 3 structure of the Centre 1. The Center will have a General Assembly, a Management Board and a CEO.
2. the General Assembly will be composed of representatives of the members of the Centre and of the representatives of the least developed countries listed in annex III. The General Assembly meets at least twice a year for: a) to evaluate the performance of the Centre; b) to elect the Board of Directors; c) adopt the rules proposed by the Management Board; d) adopt the annual budget proposed by the Board of Directors; summer) perform the duties assigned to under the other articles of this agreement.
The General Assembly shall adopt its own rules of procedure.
3. the Board of Directors will be composed of four members, a representative of the least developed countries and the Managing Director. The members of the Board of directors there will serve in a personal capacity and will be elected based on their skills in international trade relations and Development WTO law.
4. members of the Management Board and the representative of the country developed in the Board of Directors will be appointed by the General Assembly. The Director general will be Member officio of the Board of Directors. The Group of members listed in Appendix I of this agreement and three groups of members listed in annex II of this agreement may each provide a member of the Board of Directors for appointment by the General Assembly. The least developed countries listed in annex III to this agreement will be able to propose their representative to the Board of Directors for appointment by the General Assembly.
5. the Board will report to the General Assembly. The Council Executive will meet as often as necessary for: a) to adopt the necessary decisions in order to ensure the proper functioning of the Centre in accordance with this agreement; b) prepare the annual budget for approval by the General Assembly Center; c) to decide appeals by members who have been refused legal aid in a dispute settlement procedure; d) supervise the management of the capital endowment of the Centre; e) appoint a Commissioner to the external accounts; f). appoint the Executive Director in consultation with the members; g) propose, for adoption by the General Assembly, rules on: i) the procedures of the Board of Directors; ii) assignments and the conditions of employment of Executive Director, the staff of the Centre and consultants engaged by the Centre; III) policy management and investment of the capital endowment of the Center.
(h) exercise the functions assigned to him in respect of the other provisions of this agreement.
6. the Director general will report to the Board of management and will be invited to attend all of its meetings. The Director-general: a) will manage the day-to-day business of the Centre; b) will recruit, conduct and will the staff of the Centre, in accordance with the rules of personnel adopted by the General Assembly; c) will hire and supervise consultants; d) submit to the Management Board and to the General Assembly a record verified by one third on the budget of the previous year; summer) will represent the Center to the outside.
Art. 4 decision-making 1. The General Assembly shall adopt its decisions by consensus. A proposal for adoption at a meeting of the General Assembly shall be deemed adopted if, during the meeting none of the Center objected formally. This provision applies also, mutatis mutandis, to the decisions adopted by the Board of Directors.
2. If the president of the General Assembly or the Board of Directors finds that it is not possible to reach a decision by consensus, the president may decide to refer the matter to a vote by the General Assembly. In this case, the General Assembly will adopt its decision by a majority of four fifths of the members present and voting. Each Member shall have one vote. A simple majority of the members of the Centre will constitute a quorum for any meeting of the General Assembly during which a question is put to the vote.
3. the procedures set out in the by. 1 of art. 11 of this agreement will apply to decisions on amendments.
Art. 5 financial structure of the Center 1. A capital endowment will be created using the contributions paid by members in accordance with the by. 2 of art. 6 of this agreement.
2. the Center will charge the fees of legal services according to the tariff nomenclature contained in annex IV of this agreement.
3. the annual budget of the Centre will be funded by the proceeds from the capital endowment of the Center, the fees charged for benefits of the Center and any voluntary contributions paid by Governments, international organizations or private sponsorship.
4. the Center will have an external auditor.
Art. 6 rights and obligations of members 1. Each country developing member and each Member whose economy is in transition, listed in annex II of this agreement, is entitled to the services of the Centre in accordance with the rules adopted by the General Assembly and the tariff nomenclature set out in annex IV. Each Member may request assistance in the settlement of disputes of the WTO procedure be provided in one of the three official languages of the WTO.
2. each Member having accepted this agreement will be required to make a unique contribution to the capital endowment of the Center and/or annual contributions during the first five years of operation of the Centre, in accordance with the scale of contributions set out in Annexes I and II of this agreement promptly. Any Member which has acceded to this agreement will make contributions in accordance with the provisions of the instrument of accession.
3. each Member shall pay, promptly, the fees charged for the services provided by the Centre.
4. If the Board finds that a member does not respect any of its obligations under the by. 2 or 3 of this article, it may decide to refuse the exercise of its rights under this member of the by. 1 of the present article.
5. nothing in this agreement will be interpreted as involving a financial responsibility for one Member, beyond the responsibilities of by. 2 and 3 of this article.
Art. 7 rights of the least developed countries least developed countries listed in annex III will benefit, when they will apply, services of the Centre, in accordance with the rules adopted by the General Assembly and at the rate set out in annex IV. Each of these countries will be able to request assistance in the WTO dispute settlement procedures to be provided in one any of the three official languages of the WTO.
Art. 8 priorities in the allocation of the assistance provided in the WTO dispute settlement procedures if two countries entitled to assistance in the WTO dispute settlement procedures are involved by the same procedure, assistance will be provided based on the following priorities: first, the least developed countries; Second, members having accepted this agreement. Thirdly, members acceded to this agreement. The General Assembly will adopt rules relating to the distribution of the assistance provided in the WTO dispute settlement procedures which reflect these priorities.
Art. 9. cooperation with other international organizations the Centre will cooperate with the world Organization of trade and other international organizations to promote the objectives of this agreement.
Art. 10 legal status of the Centre 1. The Centre will have legal personality. It will include the capacity to contract, to acquire and dispose of real estate and movable property and institute legal proceedings.
2. the Centre will be located in Geneva, Switzerland.
3. the Center will strive to reach an agreement with the Confederation of Switzerland on the status, privileges and immunities of the Center. The agreement will be signed by the president of the General Assembly subject to the approval by the General Assembly. The agreement may stipulate that the Switzerland Confederation will grant to the Centre, to the Director general and staff status, privileges and immunities as the Switzerland Confederation grants permanent diplomatic missions and their members or to international organizations and their staff.
SR 0.192.122.632.12 art. 11 amendment, withdrawal and denunciation 1. Any member of the Centre and the Board of Directors will be able to submit to the General Assembly a proposal for amendment of a provision of this agreement. The proposal shall be notified promptly to all members. The General Assembly may decide to submit the proposal to the approval of the members. The amendment will enter into force 30 days following the date on which the depositary has received instruments of acceptance from all Member.
2. If the financial situation of the Centre, any member of the Center and the Board of Directors may submit a proposal to the General Assembly to change the scale of contributions set out in Annexes I and II of this agreement and the rate set out in annex IV of this agreement. The change will take effect 30 days following the date to which the General Assembly has adopted it unanimously.
3 by. 1 and 2 of this article are without prejudice to the obligation of the Board of Directors to amend Annexes II and IV in accordance with the Notes contained therein.
4. any Member may, at any time, withdraw from this agreement by notifying the depositary in writing. The depositary shall inform the Director general of the Centre and the members of the Centre to provide such notice. The withdrawal will take effect 30 days following the date on which the notice has been received by the depositary. The withdrawal does not affect the obligation to pay fees for services rendered by the Centre, in accordance with the by. 3 of art. 6 of this agreement. The Member who withdraws is not entitled to the refund of contributions to the capital endowment of the Center.
5. the General Assembly may decide to denounce the present agreement. In the event of denunciation, the assets of the Centre will be distributed among the current members and past downtown in proportion to the total of the contributions of each Member to the Endowment capital and/or to the annual budget of the Centre.
Art. 12 transitional provisions 1. During the first five years of operation of the Centre, the annual budget of the Centre will be funded by annual contributions paid by members in accordance with the by. 2 of art. 6 and Annex I of this agreement. During this period, revenues from the capital endowment and the fees charged for services rendered will be donated to the capital endowment.
2. during the five first years of operation of the Centre, the general Council will be composed of five members. Members listed in Appendix I of this agreement will be able to appoint two individuals to serve on the Board of Directors during this period.
3. the obligation of a member to make annual contributions during the first five years of operation of the Centre, in accordance with the by. 2 of art. 6 and annex I of this agreement, will not be affected by the withdrawal of that Member from this agreement.
Art. 13 acceptance and entry into force 1. Any State or separate customs territory listed in Annexes I, II or III of this agreement can become Member of the Center by agreeing to this agreement, by way of signature or by way of signature subject to ratification, acceptance or approval, during the third Ministerial Conference of the WTO, which will be held in Seattle from November 30 to December 3, 1999 , and then until March 31, 2000. The instruments of ratification, acceptance or approval shall be deposited no later than September 30, 2002.
((2. this Agreement shall enter into force 30 days following the date on which the following conditions have been met: a) the twentieth instrument of ratification, acceptance or approval or signature not subject to ratification, acceptance or approval will be deposited; b) the total of unique contributions to the capital endowment of the Centre that the States and separate customs territories having accepted this agreement are obliged to pay , according to the by. 2 of art. 6 and Annexes I and II of this agreement, will exceed six million U.S. dollars; etc) the total annual contributions that States or separate customs territories have accepted this agreement are obliged to pay, according to the by. 2 of art. 6 and in annex I of this agreement, will exceed six million U.S. dollars.
3. for each signatory of this agreement which will deposit its instruments of ratification, acceptance or approval after the date on which the conditions set out in the by. 2 of this article have been fulfilled, the agreement will enter into force 30 days following the date on which the instruments of ratification, acceptance or approval have been deposited.
Art. 14 reservations it may be entered reservations with respect to any provision of this agreement.
Art. 15 annexes the Annexes to this agreement are an integral part of this agreement.
Art. 16 membership any member of the WTO and any State or separate customs territory under WTO accession can become Member of the Centre by adhering to this agreement to the terms agreed between him and the Center. The membership will be made by an instrument of accession approved by the General Assembly. The General Assembly will approve the instrument of accession as if the management board informs him that accession would pose a problem, financial or operational, at the Center. This agreement shall enter into force for the Member of the WTO that adheres or to the State or the separate customs territory in accession to the WTO, the 30th day following the date on which the instruments of accession have been deposited with the depositary.
Art. 17 deposit and registration 1. This agreement shall be deposited with the Government of the Kingdom of Netherlands.
2. the present agreement will be recorded in accordance with the provisions of art. 102 of the Charter of the United Nations.
Made in Seattle, November thirty thousand nine hundred and ninety-nine, in a single copy, in the languages French, English and Spanish, the three texts being authentic.
RS 0.120 annex I minimum Contributions of developed country Members member WTO Contribution to capital resources Contribution to the annual budget for the first five years Germany Australia Austria Belgium Canada US$ 1,000,000 communities European Denmark US$ 1,000,000 Spain United States of America Finland France Greece Ireland US$ 1 000 000 US$ US$ 1,000,000 1 250 000 Iceland Italy Japan Liechtenstein Luxembourg Norway US$ 1 000 000 US$ US$ 1,000,000 1 250 000
New Zealand Netherlands US$ 1 000 000 US$ 1 250 000 Portugal United Kingdom US$ 1 250 000 Sweden US$ 1,000,000 Switzerland Note: If a member considers it necessary, it may contribute to the capital endowment by annual instalments of the same amount during the three years following the entry into force of this agreement.
State may 5, 2014 annex II Contributions countries developing members and members whose economy is in transition test Member WTO contribution to the WTO Contribution to the capital class A > 1.5% Korea 2.32 U.S. Endowment minimum $ 300 000 Hongkong, China 3.54 US$ 300 000 Mexico 1.51 US$ 300 000 Singapore 2.25 US$ 300 000 or income high Brunei Darussalam 0.04 US$ 300,000 Cyprus 0.07 US$ 300,000 United Arab Emirates 0.52 US$ 300 000 Israel 0.59 US$ 300,000 Kuwait 0.24 US$ 300,000 Macau 0.07 US$ 300,000 Qatar 0.06 US$ 300,000 category B < 1,5% South Africa 0.55 US$ 100 000 Argentina 0.47 US$ 100 000 Brazil 0.92 US$ 100,000 Chile 0.29 US$ 100,000 Colombia 0.25 US$ 100,000 Egypt US$ 100,000 Hungary US$ 100,000 India 0.57 0.32 0.26 US$ 100 000 Indonesia 0.87 US$ 100,000 Malaysia 1.31 US$ 100 000 Morocco 0.16 US$ 100 000 Nigeria
0.20 US$ 100,000 Pakistan 0.19 US$ 100,000 Philippines 0.46 US$ 100,000 Poland 0.48 US$ 100,000 Slovak Republic 0.17 US$ 100 000 Czech Republic 0.51 US$ 100,000 Romania 0.15 US$ 100 000 Slovenia 0.19 US$ 100 000 Thailand 1.19 US$ 100,000 Turkey US$ 100,000 Venezuela US$ 100,000 0.32 0.60 or average income higher Antigua and Barbuda 0.03 US$ 100,000 Bahrain 0.09 US$ 100,000 Barbados 0.03 US$ 100,000 Gabon 0.04 US$ 100 000
Malta 0.05 US$ 100,000 Maurice 0.04 US$ 100,000 St. Kitts and Nevis 0.03 US$ 100,000 St. Lucie US$ 100,000 Trinidad and Tobago 0.03 0.04 US$ 100,000 Uruguay 0.06 US$ 100,000 category C < 0.15% Belize 0.03 US$ 50,000 Bolivia 0.03 US$ 50,000 Botswana 0.04 US$ 50,000 Bulgaria 0.11 US$ 50,000 Cameroon 0.04 US$ 50,000 Congo 0.04 US$ 50,000 Costa Rica 0.07 US$ 50,000 Côte d'Ivoire 0.07 US$ 50,000 Cuba 0.04 US$ 50 000 Dominique 0.03 US$ 50,000 El El Salvador US$ 50,000 Ecuador US$ 50,000 Estonia 0.09 0.04 * 0.03 0.03 US$ 50,000 Georgia Fiji US$ 50,000 * 0.03 US$ 50,000 Ghana 0.03 US$ 50,000 Granada 0.03 US$ 50,000 Guatemala 0.05 US$ 50,000 Guyana 0.03 US$ 50,000 Honduras 0.03 US$ 50,000 Jamaica 0.06 US$ 50,000 Kenya 0.05 US$ 50,000 Latvia US$ 50,000 Mongolia US$ 50,000 Namibia 0.03 0.03 0.03
US$ 50,000 Nicaragua 0.03 US$ 50,000 Panama 0.14 US$ 50,000 Papua New Guinea 0.05 US$ 50,000 Paraguay 0.05 US$ 50,000 Peru 0.12 US$ 50,000 Dominican Republic 0.10 US$ 50,000 Republic kirguize US$ 50,000 St Vincent and Grenadines 0.03 0.03 US$ 50,000 Senegal 0.03 US$ 50,000 Sri Lanka 0.09 US$ 50,000 Surinam 0.03 US$ 50,000 Swaziland 0.03 US$ 50,000 Tunisia 0.14 US$ 50,000 Zimbabwe 0.03 US$ 50,000 less developed countries listed in annex III which have accepted this agreement.
US$ 50,000 * waiting for the deposit of the instrument of acceptance Notes: 1. If a member considers it necessary, it may contribute to the capital endowment by annual instalments of the same amount during the four years following the entry into force of this agreement.
2. the classification of the countries listed in this Appendix II members of the Group A, B and C were made according to their share in world trade with a correction upward to take account of their per capita income, as shown in the table below. The share in world trade has been determined on the basis of the share in world trade used by the WTO to determine who is responsible to its members in the expenses of the WTO. The per capita income is based on statistics from the World Bank. Given these criteria and these statistical sources, the Board of Directors will review the classification of members contained in this annex at least once every five years and if necessary, change the classification to take account of any change in the share in world trade and the income per capita of such members.
Category share of world GNP per capita A > = 1.5% or country high income B > = 0.15% and < 1,5% < 0.15% 3 C upper middle income countries. The provisions of art. 7 and annex IV of this agreement will apply in the same way to the least developed countries listed in annex III which have not accepted this agreement and to the least developed countries listed in annex III which have accepted this agreement.
4. States and separate customs territories listed in annex II which are not members of the Centre may request assistance from the Centre in settlement procedures of the WTO dispute, subject to the fees set out in annex IV of this agreement. That aid will be provided to any member of the Centre is involved in the same case or any Member involved in the same case allows the Center to help that State or customs territory. All other services will be provided exclusively to members and to the least developed countries.
May 5, 2014 State annex III countries entitled to the services of the centre Member WTO contribution to Angola Bangladesh Benin Bhutan 0.03 0.09 0.07 WTO * Burkina Faso Burundi Cambodia 0.03 0.03 0.03 * 0.03 Cape Verde * 0.03 Djibouti 0.03 Gambia 0.03 Guinea Bissau 0.03 Haiti 0.03 Solomon Islands 0.03 Lesotho 0.03 Madagascar 0.03 Malawi Maldives Mali Mauritania Mozambique Myanmar Nepal 0.03 0.03 0.03 0.03 0.03 0.03 * Niger Central African Republic 0.03 0.03 0.03 Democratic Republic of the 0.03 0.03 Republic Guinea Congo Lao PDR * 0.03 0.03 Samoa Rwanda * Sierra Leone Sudan 0.03 0.03 * Tanzania Chad Togo Uganda Vanuatu 0.03 0.03 0.03 0.03 0.03 * 0.03 0.03 Zambia * in accession to the WTO.
Note: If the United Nations designate a country that does not appear in this annex as being among the least developed countries, the Management Board will add this country to this annex, provided that he is a member of the WTO or in accession to the WTO. If a country listed in this annex is no longer considered by the United Nations as being among the least developed countries, the Management Board will remove the country of this annex.
State may 5, 2014 IV services tariff schedule provided by the Service fees (hourly rate) legal opinions on the legislation of WTO - members and the least developed countries: free, subject to a maximum number of hours to be determined by the Board of Directors.
-Developing countries not members of the Center: category A US$ 350 class B US$ 300 class C US$ 250 help in the WTO dispute settlement procedures - will be billed by the hour or the case. When they are charged in the case, quotes will be proposed for each phase of the procedure (including for the phase of the Panel, the phase of appeal etc.).
-When two members or a member and a least developed country seek the services of the Centre, and it becomes necessary to outsource external legal consultations, costs of both Parties will be increased by 20 percent.
-Members and the least developed countries: A percentage of the hourly (US$ 250) discount rate payable schedule category has 20% US$ 200 category B 40% US$ 150 category C 60% US$ 100 90% US$ 25 least developed countries - developing countries not members of the Center: category A US$ 350 class B US$ 300 class C US$ 250 Service fee (hourly rate) seminars on jurisprudence and other training activities free for members.
Internships - Least developed countries subject to sponsorship. The Center will pay the fees and pay.
-Members fees and pay are the responsibility of the Government of the student, except in the case of sponsorship.
Note: This rate may be changed by the General Assembly on the proposal of the Management Board to account for changes in the Swiss index of prices to the consumer.
State may 5, 2014 scope may 5, 2014 States parties Ratification, accession (A) entry into force Australia 28 June 2011 has 28 July 2011 Bolivia September 30, 2002 October 30, 2002 Canada December 1, 1999 July 15, 2001 China Hong Kong December 1, 1999 July 15, 2001 Colombia 25 July 2002 August 24, 2002 Costa Rica March 31, 2009 was 30 April 2009 Cuba 4 October 2013 4 November 2013 Denmark 31 October 2000 July 15, 2001
Egypt 3 June 2003 July 3, 2003 El El Salvador 4 August 2004 was September 3, 2004 Ecuador 22 May 2001 July 15, 2001 Finland may 24, 2000 July 15, 2001 Guatemala August 27, 2002 September 26, 2002 Honduras 11 December 2002 January 10, 2003 India December 18, 2000 July 15, 2001 Indonesia March 29, 2004 was April 28, 2004 Ireland November 6, 2000 July 15, 2001 Italy 3 January 2001 July 15, 2001 Jordan December 21, 2001 has January 20
2002 Kenya 15 June 2001 July 15, 2001 Maurice may 12, 2003 A June 11, 2003 Nicaragua June 7, 2001 July 15, 2001 Norway December 6, 2000 July 15, 2001 Oman 26 March 2003 has 25 April 2003 Pakistan March 14, 2001 July 15, 2001 Panama April 26, 2001 July 15, 2001 Paraguay 30 September 2002 October 30, 2002 Netherlands September 30, 2000 July 15, 2001 Peru may 30, 2001 July 15, 2001 Philippines December 1, 1999 July 15, 2001
Dominican Republic 1 June 2001 July 15, 2001 United Kingdom 18 May 2001 July 15, 2001 Seychelles 25 February 2014 March 27, 2014 Sri Lanka 22 October 2008 has 21 November 2008 Sweden December 1, 1999 July 15, 2001 Switzerland November 5, 2004 December 5, 2004 Taiwan (Chinese Taipei) 13 April 2004 was May 13, 2004 Thailand October 31, 2000 15 July 2001 Tunisia 19 October 2001 November 18, 2001 Turkey 18 July 2003 has Uruguay 25 August 17, 2003 September 2002 October 25, 2002 Venezuela may 6, 2002 June 5, 2002 Viet Nam August 26, 2009 A 25 September 2009 RO 2005 771; FF 2003 996 RO 2005 769 RS 0.632.20 RO 2005 771, 2011 2299, 2014 1195. A version of the update scope is published on the web site of the FDFA (www.dfae.admin.ch/traites).
State may 5, 2014