Committee on Trade-Related Investment Measures - Report (2020) of the Committee on Trade-Related Investment Measures - Adopted 15 September 2020

REPORT (2020) OF THE committee ON
trade-related investment measures

(Adopted 15 SEPTEMBER 2020)

1  GENERAL

1.1.  This report is submitted pursuant to Article 7.3 of the Agreement on Trade-Related Investment Measures ("TRIMs Agreement"), which requires the Committee on Trade-Related Investment Measures (the "Committee") to report annually to the Council for Trade in Goods. The Report covers the period 14 November 2019 – 15 September 2015.

1.2.  The Committee met formally on 15 September 2020[1]. The meeting was chaired by Ms Tiziana ZUGLIANO (Italy). The minutes of this meeting may be found in documents G/TRIMS/M/48. The meeting was open to all Members, governments with observer status in the WTO and international intergovernmental organizations to which the Committee has accorded regular observer status (IMF, OECD, UN, UNCTAD and World Bank). Decisions on requests for observer status made by several other international organizations are pending.

2  nOTIFICATIONS

2.1.  Pursuant to Article 5.1 of the TRIMs Agreement, Members were required to notify any trade-related investment measure ("TRIM") inconsistent with the Agreement within 90 days after the entry into force of the WTO Agreement. Article 5.2 allows for transition periods for the elimination of measures notified under Article 5.1 and which were in existence at least 180 days preceding the entry into force of the WTO Agreement. Pursuant to a decision of the General Council in April 1995, governments eligible to become original WTO Members that accepted the WTO Agreement after 1 January 1995 had 90 days after the date of their acceptance of the WTO Agreement to make the notifications foreseen in Article 5.1, with the period for the elimination of TRIMs notified under Article 5.1 governed by reference to the date of entry into force of the WTO Agreement.[2] Annex 1 lists all notifications of measures under Article 5.1. In the case of some Members, notifications have been submitted later than the 90-day period foreseen. Some Members have notified that they do not apply any TRIM inconsistent with the Agreement. Annex 2 lists all Members that have made such notifications.

2.2.  Article 6.2 provides for notification of publications in which information on TRIMs can be found. Annex 3 lists the Members that have submitted such notifications. Since the last report, notifications were received from Vanuatu and Myanmar. As agreed by the Committee at its meeting on 20 May 2009, the Secretariat has circulated a reminder[3] containing guidance regarding the requirements of Article 6.2 and its related decision. The reminder also requests all Members that have never notified such publications to do so without delay and that all Members that previously notified to update their notifications, if appropriate, without delay. The latest updated list of notifications has been circulated in document G/TRIMS/N/2/Rev.29.

3  communications by Members and related discussions

3.1.  During this reporting period, the Committee held discussions on two (2) issues already discussed in previous reporting periods.

3.2.  Issues raised in previous meetings of the Committee: (i) Indonesia – Comprehensive Review of Localization Measures, item requested by the United States, the European Union and Japan; (ii) Russian Federation – Measures implementing Russia's import substitution policy, item requested by the United States and the European Union.[4]

4  election of officers

4.1.  At its meeting of 15 September 2020, the Committee elected Mr Manuel Chacón (Colombia) as Chair for the period 2020 - 2021. At the same meeting, Mr Robert Cook (United Kingdom) was elected as Vice-Chair for the same period.


ANNEX 1

Members that have Submitted Notifications under Article 5.1
of the Agreement on Trade-Related Investment Measures

 

Member

Document Symbol

Date of Communication

Argentina

G/TRIMS/N/1/ARG/1

30 March 1995

Argentina

G/TRIMS/N/1/ARG/1/Add.1

21 March 1997

Barbados

G/TRIMS/N/1/BRB/1

31 March 1995

Bolivia, Plurinational State of[5]

G/TRIMS/N/1/BOL/1

24 June 1998

Chile[6]

G/TRIMS/N/1/CHL/1

14 December 1995

Colombia

G/TRIMS/N/1/COL/1

31 March 1995

Colombia

G/TRIMS/N/1/COL/1/Add.1

4 June 1995

Colombia[7]

G/TRIMS/N/1/COL/2

31 July 1995

Colombia

G/TRIMS/N/1/COL/2/Corr.1

30 September 1996

Costa Rica[8]

G/TRIMS/N/1/CRI/1

30 March 1995

Cuba[9]

G/TRIMS/N/1/CUB/1

18 July 1995

Cyprus[10]

G/TRIMS/N/1/CYP/2

30 October 1995

Dominican Republic

G/TRIMS/N/1/DOM/1

26 April 1995

Ecuador

G/TRIMS/N/1/ECU/1

20 March 1996

Egypt

G/TRIMS/N/1/EGY/1

29 September 1995

India

G/TRIMS/N/1/IND/1

31 March 1995

India

G/TRIMS/N/1/IND/1/Add.1

22 December 1995

India

G/TRIMS/N/1/IND/1/Add.1/Corr.1

18 March 1996

India

G/TRIMS/N/1/IND/1/Add.2

11 April 1996

Indonesia

G/TRIMS/N/1/IDN/1

23 May 1995

Indonesia

G/TRIMS/N/1/IDN/1/Add.1

28 October 1996

Kazakhstan

G/TRIMS/N/1/KAZ/1

21 April 2016

Malaysia

G/TRIMS/N/1/MYS/1

31 March 1995

Malaysia

G/TRIMS/N/1/MYS/1/Rev.1

14 March 1996

Mexico

G/TRIMS/N/1/MEX/1

31 March 1995

Mexico[11]

G/TRIMS/N/1/MEX/1/Rev.1[12]

31 March 1995

Nigeria[13]

G/TRIMS/N/1/NGA/1

17 July 1996

Pakistan

G/TRIMS/N/1/PAK/1

30 March 1995

Peru

G/TRIMS/N/1/PER/1

3 March 1995

Philippines

G/TRIMS/N/1/PHL/1

31 March 1995

Poland[14]

G/TRIMS/N/1/POL/1

28 September 1995

Russian Federation

G/TRIMS/N/1/RUS/1

23 January 2013

Russian Federation

G/TRIMS/N/1/RUS/1/Add.1

11 February 2013

Romania

G/TRIMS/N/1/ROM/1

31 March 1995

South Africa

G/TRIMS/N/1/ZAF/1

19 April 1995

Thailand

G/TRIMS/N/1/THA/1

30 March 1995

Uganda

G/TRIMS/N/1/UGA/1

17 June 1997

Uruguay

G/TRIMS/N/1/URY/1

31 March 1995

Uruguay

G/TRIMS/N/1/URY/1/Add.1

30 August 1995

Venezuela, Bolivarian Republic of

G/TRIMS/N/1/VEN/1

31 March 1995

 


ANNEX 2

Notifications Indicating that No TRIMs Inconsistent with the Agreement
on Trade-Related Investment Measures are Maintained

Member

Document Symbol

Date of Communication

Bolivia, Plurinational State of

G/TRIMS/N/1/BOL/1/Add.1

4 March 1999

Costa Rica

G/TRIMS/N/1/CRI/1/Add.1[15]

16 September 1999

Cyprus

G/TRIMS/N/1/CYP/2/Add.1

26 May 2000

El Salvador

G/TRIMS/N/1/SLV/1

5 November 2003

Haiti

G/TRIMS/N/1/HTI/1

27 February 1998

Honduras

G/TRIMS/N/1/HND/1

7 July 1995

Israel

G/TRIMS/N/1/ISR/1

24 October 1996

Jamaica

G/TRIMS/N/1/JAM/1

9 June 1998

Jordan

G/TRIMS/N/1/JOR/1

22 May 2000

Kuwait, the State of

G/TRIMS/N/1/KWT/1

10 November 2015

Maldives

G/TRIMS/N/1/MLV/1

30 September 1999

Mali

G/TRIMS/N/1/MLI/1

27 May 1997

Mauritius

G/TRIMS/N/1/MUS/1

27 March 1995

New Zealand

G/TRIMS/N/1/NZL/1

20 May 1999

Nicaragua

G/TRIMS/N/1/NIC/1

18 July 1996

Oman

G/TRIMS/N/1/OMN/1

20 December 2000

Saint Lucia

G/TRIMS/N/1/LCA/1

14 February 1996

Saudi Arabia, Kingdom of

G/TRIMS/N/1/SAU/1

3 October 2006

Singapore

G/TRIMS/N/1/SGP/1

9 October 1996

Slovenia

G/TRIMS/N/1/SVN/1

27 March 1995

Sri Lanka

G/TRIMS/N/1/LKA/1

14 March 2000

Switzerland

G/TRIMS/N/1/CHE/1

8 August 1995

Chinese Taipei

G/TRIMS/N/1/TPKM/1

27 May 2002

Trinidad & Tobago

G/TRIMS/N/1/TTO/1

1 April 1996

Zambia

G/TRIMS/N/1/ZMB/1

13 April 1995

 


ANNEX 3

Members that have Submitted Notifications under Article 6.2
of the Agreement on Trade-Related Investment Measures

Afghanistan

Lesotho

Albania

Liberia

Angola

Liechtenstein

Argentina

Macao, China

Armenia

Madagascar

Australia

Malawi

Bahrain, Kingdom of

Malaysia

Bolivia, Plurinational State of

Maldives

Botswana

Mali

Brazil

Mauritius

Brunei Darussalam

Mexico

Burkina Faso

Moldova, Republic of

Burundi

Mongolia

Cambodia

Montenegro

Cameroon

Myanmar

Canada

Namibia

Chad

New Zealand

Chile

Nicaragua

China

Nigeria

Colombia

Norway

Congo

Oman

Costa Rica

Panama

Côte d'Ivoire

Paraguay

Cuba

Peru

Dominica

Philippines

Dominican Republic

Qatar

Ecuador

Russian Federation

El Salvador

Samoa

European Union (including the member States)

Senegal

Fiji

Seychelles

Gabon

Singapore

The Gambia

South Africa

Georgia

Sri Lanka

Ghana

Suriname

Guatemala

Switzerland

Haiti

Chinese Taipei

Honduras

Thailand

Hong Kong, China

Togo

Iceland

Trinidad and Tobago

India

Tunisia

Indonesia

Turkey

Israel

Uganda

Jamaica

Ukraine

Japan

United Arab Emirates

Jordan

United States of America

Kazakhstan

Uruguay

Korea, Republic of

Vanuatu

Kuwait, the State of

Venezuela, Bolivarian Republic of

Kyrgyz Republic

Zambia

Lao People's Democratic Republic

Zimbabwe

 

 

 

 

__________

 



[1] Due to the COVID-19 pandemic, the spring meeting of the Committee, which was scheduled to be held on 27 May 2020, did not take place. A communication to this effect was sent to Members on 6 May 2020. The Chair of the Committee, Ms Tiziana Zugliano, consulted with Members to explore possibilities for conducting work remotely/and or through a written question and answer procedure on at least some of the agenda items that should have been discussed at the spring Regular meeting, but no consensus could be reached. A second communication regarding the date of the September meeting was sent to Members on 30 June 2020.

[2] WT/L/64.

[3] The reminder for 2020 was circulated in document G/TRIMS/W/168.

[4] G/TRIMS/Q/RUS/4, G/TRIMS/Q/RUS/5, G/TRIMS/Q/RUS/6, G/TRIMS/Q/RUS/7, G/TRIMS/Q/RUS/8, G/TRIMS/Q/RUS/9, G/TRIMS/Q/RUS/10.

[5] Bolivia subsequently submitted a notification indicating that it does not apply any trade-related investment measures that are not in conformity with the Agreement (G/TRIMS/N/1/BOL/1/Add.1).

[6] Chile subsequently submitted a notification indicating that it has eliminated measures notified under Article 5.1 (G/TRIMS/N/1/CHL/1/Add.1).

[7] Colombia subsequently submitted a notification indicating that it had issued Decree No. 1473 of 10 May 2004, whereby Decree No. 2439 of 1994 establishing import control mechanisms for certain agricultural products had been repealed (G/TRIMS/N/1/COL/3).

[8] Costa Rica subsequently submitted a notification indicating that it intended to eliminate measures notified under Article 5.1 in advance of the expiry of the transition period (G/TRIMS/N/1/CRI/1/Add.1).

[9] Cuba subsequently informed the Committee that the measures notified by Cuba under Article 5.1 are no longer in force (G/TRIMS/M/3, paragraph 5).

[10] This notification superseded Cyprus' previous one (G/TRIMS/N/1/CYP/1) of 29 June 1995; Cyprus subsequently submitted a notification indicating that it has eliminated measures notified under Article 5.1 (G/TRIMS/N/1/CYP/2/Add.1).

[11] Mexico subsequently submitted a notification indicating that all provisions under the Automotive Decree had ceased to be operative as of 1 January 2004 (G/C/42).

[12] In English only.

[13] Nigeria subsequently submitted a notification indicating that the Nigerian Enterprises Promotion Act of 1989 has been repealed and replaced with the Nigerian Investment Promotion Commission Decree 1995 (G/TRIMS/N/1/NGA/1/Add.1).

[14] Poland subsequently submitted a notification indicating that it has eliminated measures notified under Article 5.1 (G/TRIMS/N/1/POL/1/Add.1).

[15] A Corrigendum to the English version was issued in G/TRIMS/N/1/CRI/1/Add.1/Corr.1, dated 26 October 1999.