. /.RESTRICTEDWORLD TRADE
ORGANIZATIONG/C/W/354
4 March 2002
(02-1073)
Council for Trade in Goods
INTRODUCTION OF HARMONIZED SYSTEM 1996 CHANGES
INTO WTO SCHEDULES OF TARIFF CONCESSIONS
PANAMA – SCHEDULE CXLI
Draft Waiver Decision
The General Council,
Considering  that the Members of the WTO, by their Decisions of 13 December 1995,
18 July 1996, 24 April 1997, 22 October 1997, 24 April 1998, 14 October 1998, 15 June 1999,4 November 1999, 3 May 2000, 8 December 2000 and 8 May 2001
1, acting pursuant to the provisions
of paragraph 3 of Article IX of the WTO Agreement, suspended the application of the provisions of
Article II of GATT 1994 until 30 April 2002, for the purpose of enabling the Members listed in the
Annex to implement the recommended amendments to the Harmonized System nomenclature;
Considering  that by Decision WT/L/400 of 8 May 2001 the Members of the WTO also
decided not to grant, on a collective basis, any furt her extensions of waivers for the application of the
provisions of Article II of the GATT 1994 to implement the recommended amendments to the
Harmonized System nomenclature, but that this would not preclude Members from requesting waivers
on an individual basis;
Noting  that Panama has requested such a waiver for the application of Article II of the
GATT 1994 in order to implement the recommended amendments to the 1996 Harmonized System
nomenclature for the reasons explained in its request2;
Considering  that Panama would need more time to submit pending information with a view to
applying the said amendments and in order to proceed with consultations or possible Article XXVIIInegotiations;
Acting  pursuant to the provisions of paragraph 3 of Article IX of the WTO Agreement;
Decides , in view of the exceptional circumstances, to suspend the application of the
provisions of Article II of GATT 1994, until 30 April 2003, for the purpose of enabling Panama to
implement the recommended amendments to the 1996 Harmonized System nomenclature, subject to
the following conditions:
(i) Panama shall have submitted the documentation required under paragraph 2 of the
simplified procedures adopted by the GATT 1947 Committee on Tariff Concessions to
implement changes in the Harmonized System
3; or if special circumstances apply,
                                                     
1 WT/L/124+Corr.1, WT/L/173, WT/L/216, WT/L/243, WT/L/268, WT/L/281, WT/L/303, WT/L/338,
WT/L/351, WT/L/379 and WT/L/400.
2 G/L/518.
     3BISD 39S/300.G/C/W/354
Page 2
Panama shall have requested technical assistance from the Secretariat for the
completion of such documentation;
(ii) Panama shall, where necessary, promptly enter into negotiations and consultations
with interested Members pursuant to paragraphs 1-3 of Article XXVIII of GATT1994;
(iii) the negotiations and consultations mentioned above shall be completed not later than
31 April 2003;
(iv) pending the entry into force of the results of the negotiations or consultations
mentioned above, the other Members will be free to suspend concessions initiallynegotiated with Panama to the extent that they consider that adequate compensation is
not offered by Panama for the introduction of the recommended amendments to the
1996 Harmonized System in its Schedule of Concessions.
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