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RS 0.632.231.43 Agreement of 12 April 1979 on import licensing procedures

Original Language Title: RS 0.632.231.43 Accord du 12 avril 1979 relatif aux procédures en matière de licences d’importation

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0.632.231.43

Original text

Agreement on Import Licensing Procedures

Geneva, 12 April 1979
Approved by the Federal Assembly on December 12, 1979 1
Instrument of ratification deposited by Switzerland on 17 December 1979
Entry into force for Switzerland on 1 Er January 1980

Preamble

Having regard to the Multilateral Trade Negotiations, the Parties to this Agreement on Import Licensing Procedures (hereinafter referred to as "the Parties" and the "Agreement"),

Desiring to pursue the objectives of the General Agreement on Tariffs and Trade 2 (hereinafter referred to as "the General Agreement" or "the GATT"),

Taking into account the special needs of trade, development and finance in developing countries,

Recognizing that automatic import permits are useful for certain purposes and should not be used to restrict trade,

Recognizing that import permits may be used for the administration of measures such as those adopted under the relevant provisions of the General Agreement,

Recognizing also that inappropriate use of import licensing procedures may impede the course of international trade,

Desiring to simplify the administrative procedures and practices used in international trade and to ensure their transparency, and to ensure that these procedures and practices are applied and administered in a fair manner and Equitable,

Desiring to provide for the establishment of a consultation mechanism and the expeditious, effective and fair resolution of disputes that may arise under this Agreement,

Have agreed as follows:

Art. 1 General provisions

For the purposes of this Agreement, the formalities of 'import licences' shall be, by definition, administrative procedures 1 Used for the application of import regimes which require, as a precondition for importation into the customs territory of the importing country, the submission to the competent administrative body of an application or other documents (separate Documents required for customs purposes).

2. The Parties shall ensure that the administrative procedures used to implement import licensing regimes are in conformity with the relevant provisions of the General Agreement, its annexes and its protocols, as Shall be interpreted by this Agreement in order to prevent distortions of trade flows which may result from the inappropriate application of these procedures, taking into account the objectives of economic development and the needs of the finances And trade in developing countries.

The rules on import licensing procedures will be neutral in their application and administered in a fair and equitable manner.

4. The rules and all information concerning the procedures for the submission of applications, including the conditions of admissibility of persons, undertakings or institutions to submit such applications, as well as the lists of products submitted to Licence, shall be promptly published in such a way as to enable governments and traders to become acquainted with them. Any modification, either of the rules relating to the licensing procedures, or of the lists of products subject to licence, will also be published promptly and in the same manner. Copies of these publications will also be made available to the GATT secretariat.

5. The application forms and, if necessary, renewal, will be as simple as possible. Documents and information that are strictly necessary for the proper functioning of the licensing regime may be required at the time of application.

6. The application procedures and, where appropriate, renewal, will be as simple as possible. Applicants will only have to apply to a single administrative body, previously specified in the rules referred to in paragraph 4 above, and will have a reasonable period of time to do so. In cases where it is strictly necessary for an applicant to address more than one administrative body in respect of an application, the number of such organs shall be as limited as possible.

7. No application will be refused due to minor errors in the documentation, which would not change the basic information provided. It shall not be imposed, for omissions or errors in documents or proceedings, manifestly devoid of any fraudulent intention or not constituting gross negligence, no pecuniary penalty in excess of the amount required for Be a simple warning.

8. Goods imported under licence shall not be refused due to minor differences in value, volume or weight in relation to the figures indicated on the licence, as a result of differences resulting from the transport, of differences resulting from the Bulk loading of the goods, or other minor differences consistent with normal commercial practice.

9. The currencies required for the settlement of imports under licence will be made available to the holders of licences on the same basis as that applicable to importers of goods for which there is no requirement to Import license.

10. With respect to security exceptions, the provisions of Article XXI of the General Agreement shall apply.

11. The provisions of this Agreement shall not require a Party to disclose confidential information the disclosure of which would impede law enforcement, would be contrary to the public interest or would prejudice commercial interests Legitimate public or private enterprises.


1 Those designated by the term "licences", as well as other similar administrative procedures.

Art. 2 Automatic import licenses 1

1. An automatic import permit is an import permit that is granted without restriction as a result of the filing of an application.

2. In addition to Article 1, paragraphs 1 to 11, and paragraph 1 above, the following provisions 2 Apply to automatic import licensing procedures:

(a)
The automatic licensing procedures will not be administered in such a way as to have a restrictive effect on imports subject to automatic licence;
(b)
The Parties recognize that automatic import permits may be required where there are no other appropriate procedures. Automatic import permits may be maintained for as long as the circumstances that motivated their implementation or as long as the administrative objectives sought cannot be met more Appropriate;
(c)
All persons, undertakings or institutions which fulfil the legal requirements prescribed by the importing country to carry out import operations on products subject to automatic licensing shall have the right, in Equal conditions, to apply for and obtain import licences;
(d)
Licence applications may be submitted on any business day prior to the release of the goods;
(e)
Applications for licences submitted in an appropriate and complete form will be approved immediately upon receipt, provided that this is administratively possible, and in any case within a maximum of ten working days.

1 Import permit procedures requiring the filing of a bond, which do not have restrictive effects on imports, shall be regarded as falling within the provisions of Article 2 (1) and (2).
2 Any country under development Party to this Agreement, to which the requirements of paragraphs (d) and (e) of that paragraph shall cause specific difficulties, may, upon notification to the Committee referred to in Article 4 (1), postpone The application of the provisions of those paragraphs for a period not exceeding two years from the date of entry into force of the agreement for that Party.

Art. 3 Non-automatic import licenses

The following provisions, in addition to those of Article 1 (1) to (11), shall apply to non-automatic import licensing procedures, that is to say import licensing procedures which are not covered by the provisions of Article 2 (1) and (2):

(a)
Licensing procedures and licensing practices used to administer quotas or other import restrictions will not have restrictive effects on import trade In addition to those caused by the institution of the restriction;
(b)
The Parties shall provide, upon request, to any Party interested in the trade in the product in question, all relevant information
(i)
On the application of the restriction,
(ii)
On import licences granted in a recent period,
(iii)
On the distribution of these licences between the supplier countries, and
(iv)
Where possible in practice, import statistics (in terms of value and/or volume) concerning the products subject-import permit. Developing countries will not be expected to assume additional administrative or financial burdens;
(c)
The Parties administering quotas by means of licences shall publish the total volume and/or the total value of the quotas to be applied, their opening and closing dates, and any changes thereto;
(d)
In the case of quotas distributed among the supplying countries, the Party applying the restriction shall promptly inform all other Parties having an interest in the supply of the product in question, of the quota, expressed In volume or value, which is allocated for the current period to the various supplier countries, and will publish all relevant information in this regard;
(e)
Where a precise opening date is set for the submission of applications for licences, the rules and lists of products referred to in Article 1 (4) shall be published as long as possible before that date, or immediately thereafter The announcement of the quota or any other measure requiring an import licence;
(f)
All persons, undertakings or institutions which fulfil the legal requirements prescribed by the importing country shall have the right, under equal conditions, to apply for licences and to see their applications taken into consideration. If a licence application is not approved, the reasons will be communicated, upon request, to the applicant, who will have a right of appeal or review in accordance with the domestic legislation or procedures of the importing country;
(g)
The deadline for reviewing applications will be as short as possible.
(h)
The period of validity of the licences will be reasonable and not a brevity as it would prevent imports. It will not prevent imports from distant sources, except in special cases where imports are necessary to meet unforeseen short-term needs;
(i)
In the administration of quotas, the Parties shall not prevent imports from being made in accordance with the licences issued and shall not deter the full use of quotas;
(j)
In issuing licences, the Parties shall take into account the desirability of issuing licences corresponding to a quantity of products of economic interest;
(k)
In the allocation of licences, the Parties should consider prior imports by the applicant, including whether the licences issued to the applicant have been fully utilized, during a reference period Recent;
(l)
A reasonable allocation of licences to new importers will be taken into account, taking into account the desirability of issuing licences corresponding to a quantity of products of economic interest. In this regard, special attention should be paid to importers importing products from developing countries and, in particular, from the least developed countries;
(m)
In the case of licences administered by licences that are not distributed among supplier countries, the holders of licences 1 Have the free choice of import sources. In the case of quotas distributed among supplier countries, the licence will clearly state the country or countries;
(n)
In the application of the provisions of Article 1 (8), future licence distributions may be adjusted to compensate for imports exceeding a previous level of licence.

1 Sometimes known as "quota holders".

Art. 4 Institutions, Consultations and Dispute Settlement

(1) It shall be established under this Agreement an import licensing committee (referred to as "the Committee" in the text of the Agreement), composed of representatives of each Party. The Committee shall elect its Chairman; it shall meet as necessary to provide the Parties with the opportunity to consult on any matter concerning the implementation of the Agreement or the pursuit of its objectives.

(2) Consultations and dispute settlement with regard to any matter affecting the implementation of this Agreement shall be subject to the procedures of Articles XXII and XXIII of the General Agreement.

Art. 5 Final provisions

1. Acceptance and accession

(a)
This Agreement shall be open to acceptance, by signature or otherwise, of Governments which are Contracting Parties to the General Agreement and the European Economic Community.
(b)
This Agreement shall be open for signature or otherwise by Governments which have provisionally acceded to the General Agreement on terms and conditions relating to the effective application of the rights and obligations resulting from the Agreement, which shall take into account the rights and obligations set forth in their instruments of provisional accession.
(c)
This Agreement shall be open to the accession of any other Government, on terms and conditions, relating to the effective application of the rights and obligations arising out of this Agreement, to be agreed between that Government and the Parties, by filing with The Director-General of the Contracting Parties to the General Agreement of an instrument of accession setting out the conditions thus agreed.
(d)
With regard to acceptance, the provisions of paragraph 5 (a) and (b) of Article XXVI of the General Agreement shall apply.

2. Reservations

Reservations may not be made with respect to provisions of this Agreement without the consent of the other Parties.

3. Entry into force

This Agreement shall enter into force on 1 Er January 1980 for governments 1 Who has accepted or acceded to it on that date. For any other government, it shall enter into force on the thirtieth day following that of its acceptance or accession.

4. National legislation

(a)
Each Government which accepts or accedes to this Agreement shall ensure, no later than the date on which the Agreement enters into force as far as it is concerned, the conformity of its laws, regulations and administrative procedures with the provisions Of the Agreement.
(b)
Each Party shall inform the Committee of any changes to its laws and regulations in relation to the provisions of this Agreement, as well as the administration of such laws and regulations.

5. Review

The Committee shall conduct a review of the implementation and implementation of this Agreement as necessary, but at least once every two years, taking into account its objectives. It will inform the Contracting Parties to the General Agreement of the facts during the period on which the review will be carried out.

6. Amendments

The Parties may amend this Agreement in view, in particular, of the experience of its implementation. Where an amendment has been approved by the Parties in accordance with the procedures established by the Committee, it shall enter into force in respect of a Party only when the Party has accepted it.

7 . Denunciation

Any Party may denounce this Agreement. The denunciation shall take effect upon the expiration of a period of sixty days from the date on which the Director General of the Contracting Parties to the General Agreement has received written notification thereof. Upon receipt of this amendment, any Party may request the immediate meeting of the Committee.

8 . Non-implementation of this Agreement between Parties

This Agreement shall not apply between two Parties if either Party, at the time of its acceptance or accession, does not consent to this application.

9. Secretariat

The GATT secretariat will provide the secretariat for this Agreement.

10 . Deposit

This Agreement shall be deposited with the Director General of Contracting Parties to the General Agreement, which shall promptly furnish to each Party to this Agreement and to each Contracting Party to the General Agreement a certified copy thereof Of the agreement and any amendments thereto made in accordance with paragraph 6, together with a notification of each acceptance or accession in accordance with paragraph 1, and each denunciation in accordance with paragraph 7 of this Article

11 . Record

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

Done at Geneva, on April twelve thousand nine hundred and seventy-nine, in a single copy, in the English, French and Spanish languages, all three texts being authentic.

(track signatures)


1 For the purposes of this Agreement, the term "Governments" shall be deemed to include the competent authorities of the European Economic Community.



RO 1979 2509; FF 1979 III 1


1 Al. 1 let. G of the AF of 12 Dec. 1979 (RO 1979 2153)
2 RS 0.632.21


Status November 5, 1999