WORLD TRADE  
ORGANIZATION  TN/MA/W/46/Add.9 
3 December 2004 
 (04-5286) 
Negotiating Group 
on Market Access 
  
 
 
 
NON-TARIFF BARRIER NOTIFICATIONS 
 
Addendum  
 
 I. CUBA……………………………………… …………………………………...……. 2 
  
 TN/MA/W/46/Add.9 
Page 2 I. CUBA 
Maintaining 
participant 
 
1 Products affected 
by the barrier 
 
2 Nature of the barrier 
  
3 Trade effects of the barrier 
  
4 Inventory 
category 
 
5 Relevant WTO 
provision 
 
6 Treatment of 
the barrier 
 
7 
 3002.20.00 – 
Vaccines for human 
medicine Long, complex and very 
demanding procedures for 
registering new products. 
Clinical examinations required in the country/market for granting new product 
registration. Export delays and additional costs. III-C (Testing and 
certification 
arrangements). Agreement on 
Technical Barriers to 
Trade. (d) 
 
 9018.90.00 – Other 
medical instruments 
and appliances. 
 
3822.00.00 –Diagnostic or laboratory reagents 
 
3002.20.00 –
Vaccines for human 
medicine 
 
3002.90.00 - 
Other  
medicaments.  3004.90.00 – Other 
medicaments Discriminatory rules 
concerning the origin of 
goods. Tenders that restrict 
participation to countries that 
have signed FTAs with the importing Member.  
 Loss of tendering opportunities. 
Won only if sole bidder. I-D (Restrictive 
practices tolerated 
by governments) 
 
V-F (Discriminatory sourcing). Article XXIV:4 of 
GATT 1994. 
 
 (d) 
 
 
 
 
   
         TN/MA/W/46/Add.9
 Page 3Maintaining 
participant 
 
1 Products affected 
by the barrier 
 
2 Nature of the barrier 
 
 
3 Trade effects of the barrier 
 
 
4 Inventory 
category 
 
5 Relevant WTO 
provision 
 
6 Treatment of 
the barrier 
 
7 
 9018.19.00 –
Electro-medical 
apparatus 
                                  
9027.10.00 –Electrophoresis instruments 
 Conformity assessment 
procedures as a technical 
barrier through the application 
of exhaustive prior inspection 
measures in national laboratories, requiring the expenditure of much time and 
money.  
 
The registration of the 
equipment is subject to mandatory certification requiring the in-factory 
inspection of the equipment to be registered at the exporter's 
expense.  Difficulty in obtaining access for 
and quickly developing exports to 
this market. III-C (Testing and 
certification 
arrangements) Agreement on 
Technical Barriers to 
Trade.  (d) 
 0301.10.00 – 
Ornamental fish Application for an additional 
veterinary certificate on a 
complicated form that is 
frequently amended.  The 
zoosanitary certificate of the 
border veterinary services of the National Veterinary Medicine Authority, accepted 
by most developed countries, 
is not recognized. Makes the preparation of official 
documentation extraordinarily 
difficult. Delays in the execution of 
export orders. Rejection of 
shipments for not being 
accompanied by the latest form. IV-C (Testing, 
certification and 
other conformity 
assessment). Agreement on the 
Application of 
Sanitary and 
Phytosanitary 
Measures.  
Annex C. Article VIII of GATT 1994. (d) 
 
 
 
 
  
 
 
        
 TN/MA/W/46/Add.9 
Page 4 Maintaining 
participant 
 
1 Products affected 
by the barrier 
 
2 Nature of the barrier 
 
 
3 Trade effects of the barrier 
 
 
4 Inventory 
category 
 
5 Relevant WTO 
provision 
 
6 Treatment of 
the barrier 
 
7 
 0306.13.00 –
Shrimps and 
prawns Entry is restricted to a single 
port per coast which prevents 
transportation by the available 
shipping lines. This measures prevents 
transportation by the available 
shipping lines thereby restricting 
shrimp and prawn exports. II-G (Customs 
formalities) Article VIII:1(c) of 
GATT 1994 (d) 
 7311.00.00 –Gas 
cylinders  Overvaluation of the goods by 
customs. The invoice price is 
never accepted; all the 
documents in each shipment 
have to be certified. Increase in customs duties with 
consequent adverse economic 
effects on the enterprise. II-B (Customs 
valuation) Agreement on 
Implementation of 
Article VII of GATT 
1994. (d) 
 7311.00.00 –.Gas 
cylinders  
 
8424.10.00 – Fire 
extinguishers High storage charges in areas 
under customs control Adverse effects on the enterprise's 
business. II-D (Customs 
formalities and 
documentation) Article VIII of GATT 
1994. (d) 
 
 7311.00.00 –.Gas 
cylinders Complicated certification 
procedures. Despite the 
compliance of the product 
with certified international 
quality standards (ISO 9002, 
Veritas), approval of 
conformity with the national 
standard, with requirements 
that are unrelated to quality, is 
demanded. (Prior contract 
with national distributor). Makes access to the market 
impossible. III-C (Testing and 
certification 
arrangements). Agreement on 
Technical Barriers to 
Trade. (d) 
 
 
 
 
 
 
 
  
         TN/MA/W/46/Add.9
 Page 5Maintaining 
participant 
 
1 Products affected 
by the barrier 
 
2 Nature of the barrier 
 
 
3 Trade effects of the barrier 
 
 
4 Inventory 
category 
 
5 Relevant WTO 
provision 
 
6 Treatment of 
the barrier 
 
7 
 
 
 6305.10.00 – Sacks, 
of jute 
 
5310.90.00 – 
Woven fabrics, of jute The sanitary authorities of the 
importing country require 
certification that the 
industrially processed jute is 
from a pest-free crop. It is not enough to produce certificates  for the imported 
fibre issued by the producer or 
for the end products or 
industrial products to be 
exported issued by the producer/exporter.  Makes access to the market 
impossible. III-C (Testing and 
certification 
arrangements). Agreement on 
Technical Barriers to 
Trade. (d) 
 
  7501.20.10 – 
Nickel oxide  
7501.20.10 – 
Nickel oxide 
 
7501.20.20 – 
Nickel oxide sínters Very restrictive and expensive 
procedures relating to the registration, evaluation, 
authorization and restriction 
of chemicals. Loss of market. Restriction on 
imports of chemicals that adversely affects exports of the products in 
question to the principal market. 
Considerable cost of adapting the 
industrial processes to meet the 
importer's stringent requirements. IV-C (Testing, 
certification and other conformity 
assessment). 
 
III-C (Testing and 
certification 
arrangements). Agreement on 
Technical Barriers to Trade. (d) 
 4101.20.00 – 
Leather, salted  
 
4101.50.00 –  
Leather, pickled  
 Harsher requirements 
regarding the production of 
veterinary certificates for the 
export of salted leather and 
pickled leather as compared 
with other competing 
exporters.  Customer dissatisfaction and 
demurrage payments for stays in 
the port of destination of the goods.  III-C (Testing and 
certification 
arrangements). 
 
II-D (Customs 
formalities and 
documentation) Agreement on 
Technical Barriers to 
Trade. 
 
 
 
Article VIII of GATT 
1994. (d) 
 
 
 
 
  
 
        
 TN/MA/W/46/Add.9 
Page 6 Maintaining 
participant 
 
1 Products affected 
by the barrier 
 
2 Nature of the barrier 
 
 
3 Trade effects of the barrier 
 
 
4 Inventory 
category 
 
5 Relevant WTO 
provision 
 
6 Treatment of 
the barrier 
 
7 
 All goods of Cuban 
origin except IT 
media such as CDs, 
works of art, 
publications.  Economic, commercial and 
financial blockade (import 
ban) based on: 
1. The 1961 Foreign 
Assistance Act, which authorized the US President to establish and maintain a total 
embargo on all US-Cuban 
trade, making possible 
Presidential Proclamation 
3447 which imposed the trade blockade on Cuba in 1962 2.  The 1962 Tariff 
Classification Act which denied Cuba Most Favoured 
Nation status  3. The 1963 Cuban Assets Control Regulations (Title 31, 
Part 515 of the Code of 
Federal Regulations, under 
the Trading with the Enemy 
Act) established the regime 
applicable to all Cuba-related 
financial and trade operations 
and blocked Cuban assets in 
the US, as well as prohibiting 
the entry of merchandise into 
that country and dealing in it 
outside the US if that 
merchandise is of Cuban 
origin, is or has been located 
in or transported from or through Cuba, or is made or 
derived in whole or in part of 
any article which is the  · Every year, the ban on imports of 
any product made in whole or in 
part from Cuban products, even if 
manufactured in third countries, has 
numerous adverse economic effects on Cuban exports by impeding market access. 
· Blockage of the financial 
transactions of foreign enterprises 
on the Specially Designated 
Nationals list.  · Freezing of payments to Cuba in US dollars made through US banks. 
· Loss of earnings on Cuban exports, which have had to be 
diverted to third-country markets because access to the natural market, i.e. the US, has been 
blocked. 
· The restrictions on maritime 
transport are causing an increase in 
freight costs and a loss of income 
for the Cuban economy. Difficulties 
in chartering vessels for fear of 
sanctions.  
· The ban on using US dollars in 
commercial and financial 
transactions involves a double 
exchange risk for companies which 
have to quote in dollars and make 
payments in another currency. 
Impossibility of obtaining access to the medium and short-term credit 
facilities normally available to 
underdeveloped countries, which  I-D (Restrictive 
practices tolerated 
by governments) 
 
III-A (General) Articles I, III, XI, XIII 
of GATT 1994. 
 
Agreement on 
Technical Barriers to Trade.  
Agreement on Import 
Licensing Procedures. (a)   TN/MA/W/46/Add.9
 Page 7Maintaining 
participant 
 
1 Products affected 
by the barrier 
 
2 Nature of the barrier 
 
 
3 Trade effects of the barrier 
 
 
4 Inventory 
category 
 
5 Relevant WTO 
provision 
 
6 Treatment of 
the barrier 
 
7 
  growth, produce or 
manufacture of Cuba; forces Cuba to depend on very 
expensive short-term loans.    
  prohibiting transactions 
between US and Cuban 
banks; making it impossible 
to use the US dollar in 
commercial transactions; establishing a list of Specially Designated Cuban Nationals 
prohibiting US nationals from 
entering into transactions with 
those on the list. 
4. The 1988 Omnibus Trade 
and Competitiveness Act, which reinforced the 
restrictions on imports from 
Cuba. 
5. The 1992 Torricelli Act prohibited Cuban trade with US subsidiaries established in 
third countries, prohibited 
third-country vessels trading 
with Cuba from entering US 
ports for a period of 180 days 
and prohibited any vessel 
carrying goods or passengers 
to or from Cuba or carrying 
goods in which Cuba or a 
Cuban national has any 
interest from entering a US 
port, unless so authorized by 
the US Government. 
Stipulated that the US 
President should encourage other countries to restrict their
  · Continuous pressure on trading 
partners and threats against 
companies that do business with 
Cuba are hampering Cuba's trade 
relations with third countries and preventing negotiations from coming to fruition.  
· Cuban exporters cannot contract 
with or appoint selling agents in the 
US; possible exports are confined 
to finished publications and works 
as contracting for publications or works to be carried out is 
prohibited; visa applications from 
Cuban exporters are refused, as is 
participation in fairs and special events for promoting their products while visits by potential US 
importers to Cuba do not fall within 
the eligibility categories established 
by the Department of the Treasury 
for granting a specific licence.     
 TN/MA/W/46/Add.9 
Page 8 Maintaining 
participant 
 
1 Products affected 
by the barrier 
 
2 Nature of the barrier 
 
 
3 Trade effects of the barrier 
 
 
4 Inventory 
category 
 
5 Relevant WTO 
provision 
 
6 Treatment of 
the barrier 
 
7 
  trade and credit relations with 
Cuba. 
     
  6. 1996 Helms Burton Act 
codified all the laws, 
regulations and presidential 
orders relating to the blockade adopted since 1962; prohibited indirect financing 
in Cuba by US entities and 
their subsidiaries;  provided 
for withholdings from 
payments to international financial institutions that 
approve loans to Cuba; 
confirmed US opposition to 
the admission of Cuba as a 
member of those institutions, and the prohibition on Cuban imports; restricted access to 
foreign investment in Cuba 
and any possibility of external 
financing and markets that 
might be offered by foreign 
investors, including the 
granting of a civil remedy in 
US courts against third-
country nationals for       
   
 
 
       TN/MA/W/46/Add.9
 Page 9Maintaining 
participant 
 
1 Products affected 
by the barrier 
 
2 Nature of the barrier 
 
 
3 Trade effects of the barrier 
 
 
4 Inventory 
category 
 
5 Relevant WTO 
provision 
 
6 Treatment of 
the barrier 
 
7 
  "trafficking"1 in property 
nationalized by the Cuban 
Government on 1-1-1959 or 
later, as well as a ban on the 
entry into the US of foreigners linked with nationalized property. 
 
     
 
                                                      
 1 The Helms-Burton Act stipulates that a person traffics in nationalized property if he sells, transfers, distributes, dispenses,  resells or otherwise disposes of nationalized 
property, or purchases, receives or acquires or introduces impr ovements or invests in it, obtains control of it, manages, lease s, possesses or uses it, concludes a commercial 
agreement under which the property is used or exploite d or causes or directs the trafficking in question.  Title III repudiates the right of  Stat es to nationalize as recognized in 
international law and  denies the legitimacy of the nationalizations carried out in Cuba. 
 
 
__________