REPORT (2024) OF THE committee ON
trade-related investment measures
(Adopted 10 OCTOBER 2024)
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 2023-10 October 2024.
1.2. The Committee met formally on 27 March and 10 October 2024.
The meetings were chaired respectively by Mr Po‑Feng Huang (Chinese Taipei)
and Dr Ahmed DIAB (Egypt). The minutes of these meetings may be found in
documents _G/TRIMS/M/55
and _G/TRIMS/M/56[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, two new notifications were
received (Cabo Verde and Belize). 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.36.
3 Communications by Members and related discussions
3.1. During this reporting period, the Committee held discussions on seven
(7) issues already discussed in previous reporting periods and one new issue.
3.2. Issues raised in previous meetings of the Committee included: (i) Kazakhstan
– Preferences for domestic agricultural machinery, item requested by the United
States; (ii) China – Draft of Chinese recommended national standard (GB/T) for
office devices (information security technology-security specification for
office devices), item requested by Japan; (iii) China – The Government
Procurement Law of the People's Republic of China (The Amendment Draft), item
requested by Japan; (iv) India ‒ Import restriction on air conditioners, item
requested by Japan[4];
(v) Indonesia – Comprehensive Review of Localization Measures, item
requested by the United States, the European Union and Japan[5];
(vi) Indonesia ‒ Import restriction on carpets and other textiles, item
requested by Japan[6];
(vii) Indonesia ‒ Import restriction on air conditioners, item requested by
Japan[7];
The issue raised for the first time at the March meeting of the Committee
concerns Pakistan – Automobile Industry Development Policy, item requested by
Japan.
3.3. In addition, during the October meeting, the Chairperson asked
Members whether the improvements adopted in 2023 – on a trial basis – regarding
the functioning of the Committee, i.e. (i) Minutes of regular Committee
meetings to be produced in verbatim
style; and (ii) circulation of a factual summary of Committee meetings, under
the Chair's responsibility, should be made permanent. The Committee decided to
adopt the changes on a permanent basis.
3.4. At the same meeting, the delegation of the United Kingdom proposed
that the Committee should start using eAgenda tool on a trial basis. The
Committee decided to explore Members' views regarding the application of this
tool via a written process.
4 training sessions on the functioning of the committee
4.1. As part of the steps agreed on by Members to improve the functioning
of the Committee (_G/TRIMS/15),
the Secretariat provided – during the review period – one training session on
the functioning of the Committee on 23 November 2023. The audio/video of
the training sessions along with the presentations could be found on the
Committee's webpage [WTO | Committee on Trade-Related Investment
Measures].
5 Election of officers
5.1. On 28 May 2024, the Council for Trade in Goods
("CTG") appointed Dr Ahmed DIAB (Egypt) as Chairperson of the
Committee. As per the Committee's decision on 27 March 2024[8],
a communication was sent to the Membership in this respect on 29 May and as no
written objection was received, Dr DIAB was elected as the Chairperson of
the Committee on 31 May 2024.
[3] The reminder for 2024 was circulated in document _G/TRIMS/W/177.
[5] _G/TRIMS/Q/IDN/5;
_G/TRIMS/Q/IDN/6;
_G/TRIMS/Q/IDN/7
and _G/TRIMS/Q/IDN/8.
[8] Committee minutes contained in document _G/TRIMS/M/55.
[9] 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).
[10] Chile subsequently submitted a notification indicating that it has
eliminated measures notified under Article 5.1 (_G/TRIMS/N/1/CHL/1/Add.1).
[11] 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).
[12] 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).
[13] 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).
[14] 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).
[15] 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).
[17] 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).
[18] Poland subsequently submitted a notification indicating that it has
eliminated measures notified under Article 5.1 (_G/TRIMS/N/1/POL/1/Add.1).
[19] A Corrigendum to the English version was issued in _G/TRIMS/N/1/CRI/1/Add.1/Corr.1,
dated 26 October 1999.