RESTRICTED  WORLD TRADE  
ORGANIZATION  G/TRIMS/W/38 
19 October 2004 
 (04-4390) 
  
  
REPORT (2004) OF THE COMMITTEE ON 
TRADE-RELATED INVESTMENT MEASURES 
 
Draft
 
 
 
 
I. GENERAL 
1. This report is submitted pursuant to Article  7.3 of the Agreement on Trade-Related 
Investment Measures, which requires the Committee on Trade-Related Investment Measures to report annually to the Council for Trade in Goods.  The Report covers the period October 2003 – 
October 2004.
1 
2. The Committee met on 26 October 2004 under the chairmanship of Mr. Sivaramen 
Palayathan  (Mauritius). Minutes of the meeting are contained in document G/TRIMS/M/19.  The meeting was open to Members, governments with observer status in the WTO and international 
intergovernmental organizations to which the Co mmittee has accorded regular observer status (IMF, 
OECD, UN, UNCTAD and World Bank). Decisions on re quests for observer status from several other 
international organizations are pending. 
II. NOTIFICATIONS 
3. Article 5.1 of the Agreement on Trade-Related Investment Measures requires Members to 
notify any trade-related investme nt measure ("TRIM") inconsistent with the Agreement within 
90 days after the entry into force of the WTO Agr eement.  Article 5.2 of the Agreement gives the 
benefit of transition periods for the elimination of  measures notified under Article 5.1 and which were 
in existence at least 180 days preceding the entry in to force of the WTO Agreement.  Pursuant to a 
decision adopted by the General Council in April 1995, governments eligible to become original 
WTO Members that accepted the WTO Agreement af ter 1 January 1995 had a period of 90 days after 
the date of their acceptance of the WTO Agreement to  make the notifications foreseen in Article 5.1, 
with the period for the elimination of TRIMs no tified under Article 5.1 be ing governed by reference 
to the date of entry into force of the WTO Agreement itself.
2 
4. Annex 1 contains a list of all notifi cations of measures  under Article 5.1.3  In the case of some 
Members, notifications have been submitte d later than the 90-day period foreseen.   
5. Some Members have notified the Committee that they do not apply any TRIM inconsistent 
with the Agreement.  Annex 2 lists all Me mbers which have made such notifications. 
                                                      
1 The previous annual report is contained in document G/L/649 of  22 October 2003.  
2 WT/L/64.  
3 Notifications under Article 5.1 circulated in 1995 have been derestricted since 28 May 1996.  
Following the decision taken by the General Council on 14 May 2002 on derestriction and circulation of WTO 
documents (WT/L/452), which abrogated the Decision of 18 July 1996, documents containing notifications 
under Articles 5.1, 5.5 and 6.2 are issued unrestricted.  
 G/TRIMS/W/38 
Page 2  
 
 6. Article 5.5 deals with the conditions under whic h, during the transition periods stipulated in 
Article 5.2, Members may apply TRIMs notified unde r Article 5.1 to new investments.  While a 
standard format for the submission of notificatio ns under this provision has been adopted by the 
Committee (G/TRIMS/3), no such notifications have been made. 
7. A number of Members have submitted notifica tions as required under Article 6.2, which 
provides for notification to the Secretariat of pub lications in which information on TRIMs can be 
found.  A list of these notifications has been circul ated in G/TRIMS/N/2/Rev.11and addenda 1 to 5.   
Annex 3 lists the Members which ha ve submitted such notifications. 
III. SPECIAL AND DIFFERENTIAL TREATMENT PROPOSALS RELATED TO THE 
TRIMS AGREEMENT 
8. In the context of the Work Programme on Sp ecial and Differential Treatment (S&D) under 
Paragraph 44 of the Doha Ministerial Declarat ion and Paragraph 12.1 of the Decision on 
Implementation-Related Issues and Concerns, and pursuant to the Decision adopted by the General 
Council on 1 August 2004, the TRIMs Committee continued its consider ation of the Category II S&D 
proposals which were referred to it by the Chairm an of the General Council. The proposals were 
submitted by the African Group in document TN/C TD/W/3/Rev.2 with respect to Article 4 and 
Article 5.3 of the TRIMs Agreement.   
9. [At its meeting on 26 October 2004, the TRIM s Committee held substantive discussions on 
the proposals.  A full account of the discussions is co ntained in the relevant sections of the minutes of 
the meeting (G/TRIMS/M/19).] 
IV. TRANSITIONAL REVIEW MECHANISM PURSUANT TO PARAGRAPH 18 OF 
THE PROTOCOL OF ACCESSION OF THE PEOPLE'S REPUBLIC OF CHINA. 
10. Pursuant to paragraph 18 of China's Prot ocol of Accession, the TRIMs Committee undertook 
the third annual review of China's implementa tion of its commitments under the TRIMs Agreement 
and related provisions of the Protocol of Accession.  Additional questions in connection with China's 
Transitional Review Mechanism were received fro m the United States (G/TRIMS/W/35 and 37) and 
the European Communities (G/TRIMS/W/36).    
11. [The  review took place at the meeting of 26 October 2004. A full account of the discussions 
is contained in the minutes of the meeting (G/TRIMS/M/19).] 
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  G/TRIMS/W/38 
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 ANNEX 1 
 
Members which have Submitted No tifications under Article 5.1  
of the Agreement on Trade-Related Investment Measures  
 
 
Member  Document Symbol  Date of Communication  
Argentina G/TRIMS/N/1/ARG/1 30 March 1995 Argentina G/TRIMS/N/1/ARG/1/Add.1 21 March 1997 
Barbados G/TRIMS/N/1/BRB/1 31 March 1995 Bolivia
4  G/TRIMS/N/1/BOL/1 24 June 1998 
Chile5  G/TRIMS/N/1/CHL/1 14 December 1995 
Colombia G/TRIMS/N/1/COL/1 31 March 1995 Colombia G/TRIMS/N/1/COL/1/Add.1 4 June 1995 
Colombia G/TRIMS/N/1/COL/2 31 July 1995 
Colombia G/TRIMS/N/1/COL/2/Corr.1 30 September 1996 
Costa Rica
6 G/TRIMS/N/1/CRI/1 30 March 1995 
Cuba7  G/TRIMS/N/1/CUB/1 18 July 1995 
Cyprus8  G/TRIMS/N/1/CYP/2 30 October 1995 
Dominican Republic G/TRIMS/N/1/DOM/1 26 April 1995 
Ecuador G/TRIMS/N/1/ECU/1 20 March 1996 Egypt  G/TRIMS/N/1/EGY/1 29 September 1995 
India  G/TRIMS/N/1/IND/1 31 March 1995 
                                                     
 
4 Bolivia subsequently submitted a notification in dicating that it does not apply any trade-related 
investment measures that are not in conformity  with the Agreement (G/TRIMS/N/1/BOL/1/Add.1). 
5 Chile subsequently submitted a notification indica ting that it has eliminated measures notified under 
Article 5.1 (G/TRIMS /N/1/CHL/1/Add.1). 
6 Costa Rica subsequently submitted a notification indicating that it intended to eliminate measures 
notified under Article 5.1 in advance of the expiry of the transition period (G /TRIMS/N/1/CRI/1/Add.1). 
7 Cuba subsequently informed the Committee that the measures notified by Cuba under Article 5.1 are 
no longer in force (G/TRIMS/M/3, paragraph 5).  
8 This notification superseded Cyprus' previous one (G/TRIMS/N/1/CYP/1) of 29 June 1995; Cyprus 
subsequently submitted a notification indicating that it has eliminated measures notified under Article 5.1 
(G/TRIMS/N/1/CYP/2/Add.1). G/TRIMS/W/38 
Page 4  
 
 Member
 Document Symbol  Date of Communication  
India  G/TRIMS/N/1/IND/1/Add.1 22 December 1995 
India  G/TRIMS/N/1/IND/1/Add.1/Corr.1 18 March 1996 
India  G/TRIMS/N/1/IND/1/Add.2 11 April 1996 
Indonesia G/TRIMS/N/1/IDN/1 23 May 1995 
Indonesia G/TRIMS/N/1/IDN/1/Add.1 28 October 1996 
Malaysia G/TRIMS/N/1/MYS/1 31 March 1995 Malaysia G/TRIMS/N/1/MYS/1/Rev.1 14 March 1996 
Mexico  G/TRIMS/N/1/MEX/1 31 March 1995 
Mexico  G/TRIMS/N/1/MEX/1/Rev.1
9 31 March 1995 
Nigeria10 G/TRIMS/N/1/NGA/1 17 July 1996 
Pakistan G/TRIMS/N/1/PAK/1 30 March 1995 
Peru  G/TRIMS/N/1/PER/1 3 March 1995 
Philippines G/TRIMS/N/1/PHL/1 31 March 1995 
Poland11 G/TRIMS/N/1/POL/1 28 September 1995 
Romania G/TRIMS/N/1/ROM/1 31 March 1995 
South Africa G/TRIMS/N/1/ZAF/1 19 April 1995 
Thailand G/TRIMS/N/1/THA/1 30  March 1995 Uganda  G/TRIMS/N/1/UGA/1 17 June 1997 
Uruguay G/TRIMS/N/1/URY/1 31 March 1995 
Uruguay G/TRIMS/N/1/URY/1/Add.1 30 August 1995 Venezuela G/TRIMS/N/1/VEN/1 31 March 1995 
                                                     
 
9 English only.  
10 Nigeria subsequently submitted a notification indicating that the Nigerian Enterprises Promotion Act 
of 1989 has been repealed and replaced with the Nigerian Investment Promotion Commission Decree 1995 (G/TRIMS/N/1/NGA/1/Add.1). 
11 Poland subsequently submitted a notification in dicating that it has eliminated measures notified 
under Article 5.1 (G/TRIMS/N/1/POL/1/Add.1).  G/TRIMS/W/38 
 Page 5 
 
 
 ANNEX 2 
 
Notifications Indicating that No TRIMs Inconsistent with the Agreement  
on Trade-Related Investment Measures are Maintained  
 
 
Member  Document Symbol  Date of Communication  
 
Bolivia  G/TRIMS/N/1/BOL/1/Add.1 4 March 1999 
Costa Rica   G/TRIMS/N/1/CRI/1/Add.112 16 September 1999 
Cyprus   G/TRIMS/N/1/CYP/2/Add.1 26 May 2000 El Salvador G/TRIMS/N/1/SLV/1 5 November 2003 
Haiti  G/TRIMS/N/1/HTI/1 27 February 1998 
Honduras G/TRIMS/N/1/HND/1 7 July 1995 Israel  G/TRIMS/N/1/ISR/1 24 October 1996 Jamaica  G/TRIMS/N/1/JAM/1 9 June 1998 
Jordan   G/TRIMS/N/1/JOR/1 22 May 2000 
Maldives  G/TRIMS/N/1/MLV/1 30 September 1999 Mali  G/TRIMS/N/1/MLI/1 27 May 1997 Mauritius G/TRIMS/N/1/MUS/1 27 March 1995 New Zealand G/TRIMS/N/1/NZL/1 20 May 1999 
Nicaragua G/TRIMS/N/1/NIC/1 18 July 1996 
Oman  G/TRIMS/N/1/OMN/1 20 December 2000 Saint Lucia G/TRIMS/N/1/LCA/1 14 February 1996 Singapore G/TRIMS/N/1/SGP/1 9 October 1996 
Slovenia G/TRIMS/N/1/SVN/1 27 March 1995 
Sri Lanka  G/TRIMS/N/1/LKA/1 14 March 2000 Switzerland G/TRIMS/N/1/CHE/1 8 August 1995 Taipei, Chinese G/TRIMS/N/1/TPKM/1 27 May 2002 Trinidad & Tobago G/TRIMS/N/1/TTO/1 1 April 1996 
Zambia  G/TRIMS/N/1/ZMB/1 13 April 1995 
                                                     
 
12 A Corrigendum to the English version was issued in G/TRIMS/N/1/CRI/1/Add.1/Corr.1, dated 
26 October 1999. G/TRIMS/W/38 
Page 6  
 
 ANNEX 3 
 
Members which have Submitted No tifications under Article 6.2 of
 
the Agreement on Trade-Related Investment Measures  
 
 
Argentina Armenia Bahrain Australia 
Brazil 
Brunei Darussalam Bolivia Bulgaria  Burundi 
Cameroon 
Canada Chad Chile China Colombia 
Costa Rica 
Croatia Cuba Czech Republic Dominica 
Ecuador 
El Salvador Estonia European Community (including the member States) Fiji Islands, Rep. of the Gabon 
Georgia 
Ghana Haiti Hong Kong, China Iceland 
India 
Indonesia Israel Jamaica Japan Jordan 
Korea 
Kyrgyz Republic Latvia Liechtenstein Lithuania 
Macau, China 
Madagascar Maldives Mali Malta  G/TRIMS/W/38 
 Page 7 
 
 
 Mauritius 
Mexico Moldova Mongolia Namibia 
New Zealand 
Nicaragua Norway Panama Paraguay 
Peru 
Philippines Poland Qatar Romania 
Singapore 
Slovak Republic Slovenia South Africa Sri Lanka Suriname 
Switzerland 
Taipei, Chinese Thailand Trinidad and Tobago Tunisia 
Uganda 
United States Uruguay Venezuela, Bolivarian Rep. of Zambia Zimbabwe 
 
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