A guide to the legal sources for the provisions of the agreement can be found in an appendix. The Schedules of Tariff Concessions annexed to the General Agreement (not reproduced here) are also, in accordance with Article II:7, an integral part of the Agreement.
AND II 3 4. The margin of preference* on any product in respect of which a
No Contracting Party may change its method of determining customs value or of converting currencies so as to impair the value of any of the concessions set forth in the relevant schedule attached to this Agreement. If a Contracting Party establishes, maintains or authorizes, formally or effectively, a monopoly on the importation of any product described in the relevant schedule attached to this Agreement, such monopoly shall not, except as provided in that schedule or as otherwise agreed between the parties who originally negotiated the concession, work in such a way as to provide, on average, protection in excess of the protection provided for in said schedule.
5 ruled to the effect that the product involved cannot be classified under the
Products of the territory of any Contracting Party imported into the territory of another Contracting Party shall not be subjected, directly or indirectly, to internal taxes or other internal charges of any kind in excess of those applicable, directly or indirectly, for similar in place. products. Furthermore, neither Contracting Party shall otherwise apply internal taxes or other internal charges to imported or domestic products in a manner inconsistent with the principles set forth in paragraph 1.*.
7 5. No contracting party shall establish or maintain any internal
If a Contracting Party establishes or maintains internal quantitative rules regarding exposed cinematographic films, such rules shall take the form of screen quotas which shall meet the following requirements:. Provided that no such minimum proportion of screen time shall be increased above the level in effect on April 10, 1947;.
Freedom of Transit
9 2. There shall be freedom of transit through the territory of each
The Contracting Parties recognize that dumping, by which products of one country are introduced into the commerce of another country at less than the normal value of the products, must be condemned if it causes or threatens to cause substantial injury to an established industry in the territory of a Contracting Party or significantly delays the establishment of a domestic industry. No countervailing duty shall be levied on products from the territory of a Contracting Party imported into the territory of another Contracting Party in excess of an amount equal to the estimated bounty or subsidy determined to be directly or indirectly conferred on the manufacture. production or export of such a product in the country of origin or export, including any special subsidy for the transport of a particular product.
11 4. No product of the territory of any contracting party imported
The contracting parties may request from the contracting parties reports on the steps taken by them in implementation of the provisions of this article. The value for customs purposes of imported goods must be based on the actual value of the imported goods on which the duty is determined, or similar goods, and must not be based on the value of the goods of national origin or on arbitrary or fictitious values. *.
13 or export, from which the imported product has been exempted or has
The contracting parties recognize the need to reduce the number and diversity of fees and charges mentioned in point a). The provisions of this article include fees, charges, formalities and requirements imposed by government authorities in connection with imports and exports, including those relating to:. a) consular transactions, such as consular invoices and certificates.
Marks of Origin
No general measure taken by either Party which, in accordance with established and uniform practice, imposes an advance rate of duty or other charge on imports or imposes a new or more burdensome requirement, restriction or prohibition on imports or the transfer of payment therefor shall be carried out , before such a measure was officially announced. a) Each Contracting Party shall administer all its laws, regulations, decisions and decisions described in paragraph 1 of this Article in a uniform, impartial and reasonable manner. Each Party shall maintain or, as soon as practicable, establish judicial, arbitral or administrative tribunals or proceedings for the purposes of, inter alia, the prompt review and correction of administrative actions relating to customs matters.
AND XI 17 (c) The provisions of sub-paragraph (b) of this paragraph shall
Each Party applying restrictions on the import of any product pursuant to subparagraph (c) of this paragraph shall publicly notify the total quantity or value of the product permitted to be imported during a specified future period and any change in that quantity or value. In determining this share, the contracting party must take due account of the share prevailing in the previous representative period and any special factors* that may have affected or may affect the trade in the product in question.
19 maintaining them only to the extent that the conditions specified in that
The CONTRACTING PARTIES shall, on a date determined by themselves*, review all restrictions still in force under this Article on that date. Beginning one year after that date, Parties applying import restrictions pursuant to this Article shall enter into annual consultations with the CONTRACTING PARTIES as provided for in subparagraph (a) of this paragraph.
AND XIII 21 modified within such time as the C ONTRACTING P ARTIES may prescribe,
In cases where a quota is allocated among the supplying countries, the Contracting Party applying the restrictions may agree on the distribution of shares of the quota with any other Contracting Parties having a substantial interest in the supply of the quota concerned. product. In the case of import restrictions involving the establishment of quotas, the Contracting Party applying the restrictions shall publicly notify the total quantity or value of the product or products authorized to be imported during a specified future period, and any change in import restrictions. such quantity or value.
AND XIV 23 (c) In the case of quotas allocated among supplying countries,
A Contracting Party applying import restrictions under Article XII or under Section B of Article XVIII shall not be exempted by Articles XI through XV or Section B of Article XVIII of this Agreement from applying measures to direct its exports in a manner such as to increase its profits. of currencies which it can use without deviations from the provisions of Article XIII. A Contracting Party shall not be exempted by Articles XI to XV, inclusive, or by Section B of Article XVIII, of this Agreement from the application of quantitative restrictions:.
Exchange Arrangements
The provisions of Article XIII shall not preclude a group of territories having a common quota in the International Monetary Fund from applying against imports from other countries, but not between them, restrictions in accordance with the provisions of Article XII or Section B of Article XVIII. provided that such restrictions shall in all other respects be in accordance with the provisions of Article XIII.
25 agreement between that contracting party and the C ONTRACTING P ARTIES
Nothing in this Agreement shall prevent:. a) the use of foreign exchange controls or exchange restrictions by a Party in accordance with the articles of the agreement of the International Monetary Fund or with the special agreement of this Party on exchange with the CONTRACTING PARTIES or (b) the use of restrictions or controls by the Party in. The Parties recognize that the granting of a subsidy for the export of any product by a Contracting Party may have adverse effects on other Contracting Parties, both importers and exporters, may cause undue interference in their normal commercial interests and may impede the achievement of the objectives of this Agreement.
AND XVII 27 or indirectly any form of subsidy which operates to increase the export of
The Contracting Parties recognize that the achievement of the objectives of this Agreement will be facilitated by the gradual development of their objectives. The CONTRACTING PARTIES shall annually review all measures applied pursuant to the provisions of Sections C and D of this Article.
AND XX 37 has requested the action. In critical circumstances, where delay would
General Exceptions
In critical circumstances, where delay would. relating to customs enforcement, the enforcement of monopolies operated under paragraph 4 of Article II and Article XVII, the protection of patents, trademarks and copyrights, and the prevention of deceptive practices;. e) in relation to the products of prison labour;. f) imposed for the protection of national treasures of artistic, historical or archaeological value;. g) in relation to the conservation of exhaustible natural resources if such measures are made effective together with restrictions on domestic production or consumption;. h) undertake in terms of obligations under any intergovernmental commodity agreement which meets criteria which have been presented to the CONTRACTING PARTIES and have not been rejected by them or which have themselves been so presented and have not been so rejected;*. i) involving restrictions on the export of domestic materials necessary to ensure essential quantities of such materials to a domestic processing industry during periods when the domestic price of such materials is kept below the world price as part of a government stabilization plan;. Provided that such restrictions shall not operate to increase the exports of or the protection afforded to such local industry, and shall not derogate from the provisions of this Agreement relating to non-discrimination;. j) necessary for the acquisition or distribution of products in general or local shortage;.
Security Exceptions
CONTRACTORS may, at the request of a contracting party, consult with any contracting party or parties regarding any matter for which a satisfactory solution could not be found through consultation in accordance with paragraph 1. Article XXIII Nullification or impairment. Any contracting party approached in this manner will treat with favor the representations or proposals submitted to it.
Article XXIV
The provisions of this Agreement shall therefore not prevent, as regards the territories of the Contracting Parties, the formation of a customs union or a free trade area or the adoption of an interim agreement necessary for the formation of a customs union or a customs union. free trade area; Provided that:. (a) in respect of a customs union or an interim agreement leading to the formation of a customs union, the duties and other commercial provisions imposed by the institution of such union or interim agreement in respect of trade with non-Parties Contracting Parties; in such association or agreement shall not, on the whole, be higher or more restrictive than the general incidence of the duties and trade regulations in force in the constituent territories prior to the formation of such association or the adoption of such temporary agreement, as the case may be;.
43 agreement and taking due account of the information made available in
Each Contracting Party shall be entitled to one vote at all meetings of the CONTRACTING PARTIES. Unless otherwise provided in this Agreement, the decisions of the CONTRACTING PARTIES shall be taken by a majority of votes cast.
AND XXVI 45 (i) define certain categories of exceptional circumstances to
If agreement is reached between the primarily involved contracting parties in the negotiations, the provisions of paragraph 3 (b) of this Article apply. If a settlement is reached, the provisions of paragraph 3 (b) apply as if agreement had been reached between the primarily concerned contracting parties.
Amendments
Decisions of the CONTRACTING PARTIES according to this paragraph are made by a two-thirds majority. There is a need for rapid and sustained growth in the export earnings of less developed parties.
