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.
[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.
[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).
[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.