Committee on Trade-Related Investment Measures

NOTIFICATIONS UNDER ARTICLE 6.2 OF THE TRIMS AGREEMENT

Reminder

1.  Article 6.2 of the Trade-Related Investment Measures ("TRIMs Agreement") provides: 

Each Member shall notify the Secretariat of the publications in which TRIMs may be found, including those applied by regional and local governments and authorities within their territories.

2.  This provision does not envisage notifications of particular laws, regulations or measures but of publications. It applies to all WTO Members, covers all levels of government and refers to any TRIM, whether or not in conformity with Articles III and XI of the GATT 1994.

3.  At its meeting on 30 September 1996, the Committee on TRIMs adopted the Decision contained in document G/TRIMS/5 (attached) pertaining to the procedures for notifications to be submitted by all Members pursuant to Article 6.2 of the TRIMs Agreement. The attached Decision specifies, in its paragraphs 3 and 4, the information which should be contained in such notifications and indicates that these notifications would be without prejudice to the legal consistency of any TRIMs which may be found in these publications notified. The Secretariat consolidates all notifications received pursuant to this Article in one single document, the latest of which was circulated in G/TRIMS/N/2/Rev.26 dated 17 October 2016.

4.  Members that have never submitted the required notifications are reminded to do so without delay. 

5.  Members that have submitted the required notifications and have not updated them, as necessary, to reflect any changes that may have occurred, are reminded to update such notifications without delay. 

6.  Members that have submitted nil notifications indicating that they have no TRIMs inconsistent with the TRIMs Agreement, are also reminded that the obligation to notify names and publications where TRIMs may be found pertains to any TRIM without prejudice to its legal consistency. Members that have submitted such nil notifications are also reminded to submit the required notifications without delay. 

7.  All Members are requested to include in their notifications any websites where relevant information could be found.

Attachment

World Trade G/TRIMS/5

30 October 1996

Organization

(96-4565)

Committee on Trade-Related Investment Measures

NOTIFICATIONS UNDER ARTICLE 6.2 OF THE TRIMS AGREEMENT

Decision of the Committee of 30 September 1996

1) Article 6.2 of the TRIMs Agreement provides:

Each Member shall notify the Secretariat of the publications in which TRIMs may be found, including those applied by regional and local governments and authorities within their territories.

2) This provision does not envisage notifications of particular laws, regulations or measures but of publications.  It applies to all WTO Members, covers all levels of government and refers to any TRIM, whether or not in conformity with Articles III and XI of the GATT 1994.

3) The Committee decides that each Member implement Article 6.2 by providing the Secretariat with the name(s) of publication(s) in which TRIMs may be found, where such publications exist, including those applied by regional and local governments and authorities within their territories, and the addresses from which copies can be obtained.  Members are not expected to submit copies of such publications.  The notification would be without prejudice to the legal consistency of any TRIMs which may be found in these publications notified.

4) The "publications", notification of which is envisaged under Article 6.2, are official sources which would contain relevant laws, regulations or measures of more specific character.  Such sources may include official gazettes, but it might be more helpful if Members included references to specific publications of relevant agencies (e.g. bulletins or periodicals of a relevant ministry or foreign investment board).

5) Members are invited to submit lists of such publications by 1 February 1997 and to update these lists as appropriate.  The Secretariat will consolidate notifications under Article 6.2 in a single document which will be updated as the need arises.

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