Key Benefits:
Original text
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:
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.
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:
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.
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):
1 Sometimes known as "quota holders".
(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.
1. Acceptance and accession
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
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.