. /.WORLD TRADE
ORGANIZATIONWT/L/410
7 August 2001
(01-3905)
THAILAND - EXTENSION OF THE TRANSITION PERIOD FOR THE ELIMINATION OF
TRADE-RELATED INVESTMENT MEASURES NOTIFIED UNDER ARTICLE 5.1 OF THE
AGREEMENT ON TRADE-RELATED INVESTMENT MEASURES
Request for a Waiver
Decision of 31 July 20011
The General Council,
Having regard  to paragraphs 1, 3 and 4 of Article IX of the Marrakesh Agreement
Establishing the World Trade Organization (the "W TO Agreement"), the Guiding Principles to be
followed in considering applications for waiv ers adopted on 1 November 1956 (BISD 5S/25), the
Understanding in Respect to Waivers of Obligations under the General Agreement on Tariffs andTrade 1994, and Decision-Making Procedures under Articles IX and XII of the WTO Agreement
agreed by the General Council (WT/L/93);
Conducting  the function of the Ministerial Conference in the interval between meetings
pursuant to paragraph 2 of Article IV of the WTO Agreement;
Taking note  of the request from Thailand under Article 5.3 of the TRIMs Agreement for an
extension of the transition period for five years for the TRIM notified under Article 5.1 of the TRIMs
Agreement (G/C/W/203) and its request for a waiver of the requirements of Article 5.2 of the TRIMs
Agreement;
Considering that Thailand's request under Article 5.3 of the TRIMs Agreement was made on
2 May 2000;
Considering that Thailand is substantially in the same situation as other developing countries
which have requested an extension of the period for the elimination of their notified TRIMs (G/L/325,
G/C/W/169 and Add.1, G/C/W/ 171, G/C/W/172 and Add.1, G/C/W/173, G/C/W/174, G/C/W/175,
G/C/W/176 and Corr.1);
Taking into account  the individual development, financial and trade needs of Thailand;
Considering  that Thailand has demonstrated particular difficulties in implementing the
provisions of the TRIMs Agreement;
Considering  that Thailand hereby commits itself to eliminate this remaining TRIM;
                                                     
1 Adopted in accordance with the Decision-Making Procedures under Articles IX and XII of the
WTO Agreement agreed by the General Council (WT/L/93).WT/L/410
Page 2
Noting that,  in light of the foregoing, the exceptional circumstances justifying a waiver from
Article 5.2 of the TRIMs Agreement exist;
Decides  as follows:
1. Subject to the terms and conditions set out in paragraphs 2, 3 and 4 below, Article 5.2 of the
TRIMs Agreement shall be waived in respect of Thailand;
2. The transition period under the TRIMs Agreement is extended for Thailand until
31 December 2001 for the TRIM for which an extension of the transition period has been
requested.
3. Thailand may request an additional extension for a period of no more than two years from
1 January 2002. Any such request for an extension shall state the particular difficulties,
internal or external, Thailand continues to encounter in implementing the provisions of the
TRIMs Agreement, and shall be communicated to the Council for Trade in Goods no later
than 31 August 2001, and be accompanied by:
(a) a description of the steps Thailand has taken to date and/or will take to
eliminate its remaining TRIM;
(b) a reasonable phase-out plan for eliminating its remaining TRIM no later than
31 December 2003, taking into account its development, financial and trade
needs;  and
(c) a commitment to submit periodic reports to the Council for Trade in Goods
on the progress it makes in phasing out its remaining TRIM.
4. Thailand shall consult with the Council for Trade in Goods on any request it makes under
paragraph 3, and on the implementation of its commitment to phase out and eliminate its
remaining TRIM. On the basis of these consultations, the Council for Trade in Goods shall
grant such request, no later than 5 October 2001, if it is verified that the request fulfils the
criteria set out in paragraph 2.
5. The periodic reports under paragraph 3(c) and the consultations under paragraph 4 shall be
deemed to fulfill the review requirements of Article IX:4 of the WTO Agreement.
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