Trade Related Investment Measures (TRIMs) Agreement
TRIMs Agreement One of the Uruguay Round Agreements1994 To be signed / accepted by all Members of WTO Principle of Single Undertaking / Acceptance
TRIMs Agreement It covers conditions on investment which are related
to trade in goods Measures which are outside the domain of trade in goods are not covered by it
TRIMs Agreement Obligation It prohibits investment restriction which conflict with
the obligation of a member in the WTO agreement Members not to apply TRIMs that are inconsistent with:
Article III of GATT 1994
Article XI of GATT 1994
Article III of GATT 1994 National Treatment: requires chiefly that foreign goods be treated no worse than domestically produced goods regarding internal taxation and regulation Article XI Of GATT 1994 Chiefly concerns Elimination of Quantitative Restrictions on Imports
PROHIBITED MEASURES The measures to be covered by the prohibition, the
general condition is that: 1. These are mandatory or enforceable under a domestic law or under administrative rulings, or 2.Compliance with these is necessary to obtain an advantage
Measures inconsistent with article III of GATT 1994 Particular products of domestic origin must be
purchased or used by an enterprise or Particular volume or value of some product of domestic origin must be purchased or used by an enterprise, or An enterprise must purchase or use domestic products at least up to a particular proportion of the volume or value of the local production of the enterprise, or
Restricting the purchase or use of an imported
product by an enterprise to an amount related to the export of its local production
Measures inconsistent with article XI of GATT 1994 Imposing a general restriction on the import of inputs
by an enterprise or restricting the import of inputs to an amount related to the export of its local production Restricting the foreign exchange for the import of inputs by an enterprise to an amount related to the foreign exchange inflows attributable to the enterprise
Restricting export by an enterprise by specifying the
products so restricted, the volume or value of products so restricted, or the proportion of its local production so restricted
Elimination of Notified TRIMs Developed countries: within 2 years Developing countries: within 5 years Least developed countries: within 7 years Extension possible on application to Council for Trade
in Goods (of coming into force of WTO agreements)
Administration of TRIMs Agreement Agreement establishes a Committee on TRIMs Committee to monitor operation and implementation
of Agreement Committee to report annually to Council for Trade in
Goods
Consultation and Dispute Settlement
Articles XXII and XXIII of GATT 1994 on consultations apply, as elaborated by Dispute Settlement Understanding
Built in Agenda Council for Trade in Goods to review operation of
Agreement not later than 5 years of coming into force of WTO Agreement Review to consider whether Agreement be complemented with provisions on investment policy and competition policy
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