UNITED STATES – CARIBBEAN BASIN ECONOMIC RECOVERY ACT

WAIVER

Decision of 23 July 2025[1]

The General Council,

Conducting the function of the Ministerial Conference in the interval between meetings pursuant to paragraph 2 of Article IV of the WTO Agreement;

Having regard to paragraphs 1, 3 and 4 of Article IX of the Marrakesh Agreement Establishing the World Trade Organization (the "WTO Agreement"), the Guiding Principles to be followed in considering applications for waivers adopted on 1 November 1956 (BISD 5S/25), and the Understanding in Respect to Waivers of Obligations under the General Agreement on Tariffs and Trade 1994 (the "Understanding");

Taking note of the request of the United States, pursuant to paragraph 3 of Article IX of the WTO Agreement, to grant a new waiver under paragraph 1 of Article I of the General Agreement on Tariffs and Trade 1994 (GATT 1994) and paragraphs 1 and 2 of Article XIII of the GATT 1994 to permit the United States to provide duty-free treatment to eligible products originating in beneficiary Central American and Caribbean countries and territories ("beneficiary countries") designated pursuant to the provisions of the Caribbean Basin Economic Recovery Act of 1983, as amended by the Caribbean Basin Economic Recovery Expansion Act of 1990 (CBERA), by granting a waiver through 30 September 2030 to the extent necessary for the United States to provide preferential tariff treatment to eligible products originating in beneficiary countries designated pursuant to the provisions of the CBERA, as amended by the United States-Caribbean Basin Trade Partnership Act ("CBERA as amended"), and reflecting the expiration of the Haitian Hemispheric Opportunity through Partnership Encouragement Act of 2006, the Haitian Hemispheric Opportunity through Partnership Encouragement Act of 2008, and the Haitian Economic Lift Program Act of 2010 ("CBERA as amended");

Bearing in mind the Ministerial Decision on Measures in Favour of Least‑Developed Countries, adopted in Marrakesh on 15 April 1994;

Bearing in mind also the 1979 Decision on Differential and More Favourable Treatment, Reciprocity and Fuller Participation of Developing Countries and the 1994 Decision on Measures in Favour of Least‑Developed Countries;

Bearing in mind also that the CONTRACTING PARTIES of the GATT 1947 granted the United States a waiver of obligations under paragraph 1 of Article I on 15 February 1985[2], for the period from 1 January 1984 through 30 September 1995, and that Members extended the waiver on 15 November 1995[3] in respect of paragraph 1 of Article I of the GATT 1994 through 30 September 2005, on 29 May 2009[4] through 31 December 2014, and that Members extended the waiver in respect of paragraph 1 of Article I of the GATT 1994 and expanded the waiver to cover paragraphs 1 and 2 of Article XIII of the GATT 1994 on 5 May 2015 through 31 December 2019, to the extent necessary for the United States to provide duty‑free treatment for imports of eligible products originating in beneficiary countries designated pursuant to the provisions of the CBERA, and that Members extended the waiver in respect of paragraphs 1 and 2 of Article XIII of the GATT 1994 on 17 October 2019 through 30 September 2025, to the extent necessary for the United States to provide duty‑free treatment for imports of eligible products originating in beneficiary countries designated pursuant to the provisions of the CBERA;

Considering that the United States‑Caribbean Basin Trade Partnership Act (CBTPA) expands the preferences the United States extends under the CBERA;

Considering further the exceptional situation of the CBERA and CBTPA beneficiary countries, and the stated objective of the CBERA as amended to assist the trade and economic development and recovery of Caribbean Basin countries by encouraging the expansion of productive capacity in those countries in response to more liberal access and to new trading opportunities;

Considering further that the preferential treatment provided for under the CBERA as amended is designed to promote the expansion of trade and economic development of beneficiary countries in a manner consistent with the objectives expressed in paragraphs 1, 2, and 3 of the Preamble to the WTO Agreement;

Considering further that the preferential treatment provided under the CBERA as amended will not alter benefits provided under the US Generalized System of Preferences to other developing countries;

Considering, moreover, that the duty‑free treatment provided under CBERA should not prejudice the interests of other Members not benefiting from such treatment, and that it is expected that the extension of such duty‑free treatment will not cause a significant diversion of United States imports of products eligible under CBERA originating in Members who are not beneficiary countries;

Considering that the duty‑free treatment provided under CBERA by the United States Government shall not constitute an impediment to the reduction or elimination of tariffs and other restrictions to trade on a most‑favoured‑nation basis;

Noting the assurances given by the United States that it will promptly enter into consultations, on request, with any interested Member with respect to any difficulty or matter that may arise as a result of the preferential treatment provided under the CBERA as amended;

Decides, in view of these exceptional circumstances, as follows:

1.     Subject to the terms and conditions set out hereunder, paragraph 1 of Article I and paragraphs 1 and 2 of Article XIII of the GATT 1994 shall be waived through 30 September 2030, to the extent necessary to permit the United States to provide preferential tariff treatment to eligible products originating in beneficiary countries designated pursuant to the provisions of the CBERA as amended.

2.     The United States shall submit to the General Council an annual report on the implementation of the trade‑related provisions of the CBERA with a view to facilitating the annual review provided for in paragraph 4 of Article IX of the WTO Agreement. The United States shall promptly notify the General Council of any trade‑related measure taken under CBERA, in particular, any changes in the designation of beneficiary countries, as well as any modification being considered in the list of eligible products and the duty‑free treatment thereof, and shall furnish it with all the information it may deem appropriate relating to such action. The United States shall consult with regard to any modification being considered in the list of eligible products.

3.     Such duty‑free treatment shall be designed to facilitate and promote the trade of beneficiary countries and not to raise barriers to or create undue difficulties for the trade of any other Members.

4.     The United States shall promptly enter into consultations, on request, with any interested Member with respect to any difficulty or matter that may arise as a result of the preferential treatment provided under the CBERA as amended. If a Member considers that any benefit accruing to it under the GATT 1994 may be or is being impaired unduly as a result of such implementation, such consultation shall examine the possibility of action for a satisfactory resolution of the matter.

5.     This Decision does not affect Members' rights as set forth in the Understanding in Respect of Waivers of Obligations under the GATT 1994.

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