The Secretary-General`s enterprise agreement was widely negotiated due to the increasing application by gaTT contracting parties of a large number of so-called “shadow zones” measures (voluntary bilateral export restrictions, ordered marketing agreements and similar measures) to limit imports of certain products. These measures were not imposed under Article XIX and are therefore not subject to the multilateral discipline of the GATT and the legality of these measures under the GATT was questionable. The agreement now clearly prohibits these measures and contains specific provisions to eliminate the measures in force when the WTO agreement came into force. Yes, yes. If you are aware of security measures that are either detrimental to your company`s export or able to do so, contact the U.S. Department of Commerce`s Office of Trade Agreements Negotiations and Compliance hotline. The U.S. government has information and assistance for U.S. companies who believe they have been harmed by a WTO member country`s non-compliance with the agreement. While it cannot guarantee that your problem can be resolved, the U.S. government can, if necessary, discuss the specific facts of your situation with officials from the other country concerned.
The SG agreement, which expressly applies to all members in the same way, aims to clarify and strengthen GATT disciplines, including those of Article XIX; 2) restore multilateral control over measures to safeguard and eliminate measures beyond this control; and (3) to promote the structural adjustment of industries affected by increased imports, thereby strengthening competition in international markets. Prohibits so-called “shadow zones” measures, such as voluntary detention agreements and ordered marketing agreements. Recognising further that, to this end, a comprehensive agreement applies to all members and is based on the fundamental principles of the 1994 GATT; The repeated application of protection measures for a particular product is limited by the agreement. As a general rule, a safeguard clause can only be re-applied to a product after the expiry of a period equal to the duration of the original safeguard clause, as long as the non-request period is at least two years. 2. (a) In cases where a quota is distributed among the supplier countries, the member applying the restrictions may seek agreement on the allocation of quota shares with all other members who have a considerable interest in delivering the product concerned. In cases where this method is not reasonably feasible, the member concerned shares members who have a core interest in providing the shares of the product on the basis of the shares of the product delivered by those members during a prior representative period of the total volume or total value of imports, taking into account all the particular factors that have or could affect the product`s trade. Article 1 provides that the SG agreement is the instrument for applying the measures provided for in Article XIX of the GATT of 1994. In other words, any measure for which the scope of Article XIX (which allows the suspension of GATT concessions and obligations in defined emergency situations) must be taken in accordance with the provisions of the Treaty on the General Protection Enterprise. The agreement does not expressly apply to measures taken under other provisions of the 1994 GATT, to other annex 1A multilateral trade agreements, or to protocols and agreements or agreements concluded under the 1994 GATT.
(Art. 11.1 (c) b) In addition, a member cannot seek, take or maintain voluntary export restrictions, orderly marketing agreements or similar measures on the export or import side. (3), (4) These include measures taken by a single member and measures within the framework of agreements, agreements and agreements reached by two or more members.