./.  WORLD TRADE  
ORGANIZATION  WT/DSB/COM/6 
2 April 2004  
 
(04-1503) 
 Original:   Spanish 
   
UNITED STATES – SECTION 211 OMNIBUS APPROPRIATIONS ACT OF 1998 
 
Statement by Cuba
 
  
 The following statement made by the de legation of Cuba at the DSB meeting on 
19 March 2004 is circulated to Members at the request of that delegation. 
 
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 The Cuban delegation once again deplores the lack of progress made so far by the United 
States in implementing the recommendations and rulings  of the Dispute Settlement  Body in respect of 
Section 211 of the Omnibus Appropriations Act of 1998.   We repeat that we stand by the statements deliv ered by Cuba during previous meetings of the 
Dispute Settlement Body, especially during the most  recent ones on 23 January and 17 February 2004.  
We insist that Section 211 of the Omnibus Appr opriations Act of 1998 should be repealed, since it 
violates basic principles of this Organization su ch as national treatment and most-favoured-nation 
treatment, as confirmed by the Appellate Body's review of the matter.    The adoption of Section 211 led to an extens ion of the international blockade and an 
intensification of the aggressive policies targe ting Cuba in the field of intellectual property. 
  Since the Dispute Settlement Body concluded that the United States must comply with its 
rulings and findings, the United States Government has requested repeated extens ions to the deadlines 
set for bringing its legislation into conformity, giving the most incredible excuses, all of which are both unconvincing a nd inconsistent. 
 
 The Cuban delegation notes with concern that  the progress reports submitted by the United 
States are becoming repetitive in the sense that they re iterate that the Government is still working with 
Congress with a view to complying with the Dis pute Settlement Body's recommendations, when in 
fact, there have been no results in the two years since the decision was adopted. 
 
 We once again condemn the total indifference and lack of willingness with which the United 
States Government has reacted to the Dispute Settleme nt Body's rulings.  We draw attention to the 
concept of the "reasonable period of time" and observe  that the three extensi ons granted to the United 
States by the European Union have meant that the initial reasonable period of six months has 
increased to two years. 
  We note that promptness in implementing rulings is one of the objectives of the dispute settlement process, especially when the appropriate ba lance between rights and obligations is affected. 
  Moreover, the systematic failure of the Unite d States to comply with the Dispute Settlement 
Body's rulings casts doubt not only on the country's true political will to move forward in the 
negotiations and honour its WTO commitments, but also on the credibility of the institution itself. WT/DSB/COM/6 
Page 2  
 
 Finally, the Cuban delegation would like to emphasize that it maintains its conviction that 
Section 211 should be repealed, since the Appellate Body's review demonstr ated its inconsistency 
with commitments undertaken by the United States in the field of intellectual property.  
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