Committee on trade-related investment measures - Report (2023) of the Committee on trade-related investment measures (adopted [12] October 2023)

REPORT (2023) OF THE committee ON
trade-related investment measures

(Adopted [12] OCTOBER 2023)

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 2022 – 12 October 2023.

1.2.  The Committee met formally on 23 February and 12 October 2023 and informally on 19 July 2023. The meetings were chaired respectively by Ms Debora PONCE (Guatemala) and Mr Po‑Feng Huang (Chinese Taipei). The minutes of these meetings may be found in documents _G/TRIMS/M/53 and _G/TRIMS/M/54.[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, no new notification was received. 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 update their notifications, if appropriate, without delay. The latest updated list of notifications has been circulated in document _G/TRIMS/N/2/Rev.33.



[1] To be circulated.

[2] WT/L/64.

[3] The reminder for 2023 was circulated in document G/TRIMS/W/174.