Report (2022) of the Committee on
Trade-related Investment Measures

(Adopted 12 OCTOBER 2022)

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 13 October 2021 – 12 October 2022.

1.2.  The Committee met formally on 23 March and 12 October 2022. The meetings were chaired respectively by Ms Vilma PELTONEN (Finland) and Ms Debora PONCE (Guatemala). The minutes of these meetings may be found in documents G/TRIMS/M/51 and G/TRIMS/M/52.^[1] The meetings were 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 Tonga, Thailand and Djibouti. As agreed by the Committee at its meeting on 20 May 2009, the Secretariat has circulated two reminders^[3] containing guidance regarding the requirements of Article 6.2 and its related decision. The reminders also request all Members that have never notified such publications to do so without delay and that all Members that previously notified update their notifications, if appropriate, without delay. The latest updated list of notifications has been circulated in document G/TRIMS/N/2/Rev.32.

3  Communications by Members and related discussions

3.1.  During this reporting period, the Committee held discussions on four (4) issues already discussed in previous reporting periods and on two (2) new items.

3.2.  Issues raised in previous meetings of the Committee included: (i) India ‒ Import restriction on air conditioners, item requested by Japan^[4]; (ii) Indonesia – Comprehensive Review of Localization Measures, item requested by the United States, the European Union and Japan^[5]; (iii) Indonesia ‒ Import restriction on carpets and other textiles, item requested by Japan and the European Union^[6]; (iv) Indonesia ‒ Import restriction on air conditioners, item requested by Japan and the European Union.^[7]

3.3.  New issues raised during the latest reporting period included: (i) China – Draft of Chinese recommended national standard (GB/T) for office devices (information security technology-security specification for office devices), item requested by Japan; (ii) China – The Government Procurement Law of the People's Republic of China (The Amendment Draft), item requested by Japan.

3.4.  At the October 2022 meeting, the Chair referred to her ongoing informal consultations on the election of the new Vice-Chair and made a statement on the ongoing consultations in the General Council and the Council for Trade in Goods regarding WTO reform and improving the functioning of the WTO Committees.

4  Election of officers

4.1.  On 23 May 2022, the Council for Trade in Goods ("CTG") appointed Ms Debora PONCE (Guatemala) as Chairperson of the Committee. As per the Committee's decision on 23 March 2022^[8], a communication was sent to the Membership in this respect on 24 May 2022 and as no written objection was received, Ms Ponce was elected as the Chairperson of the Committee on 30 May 2022.