WORLD TRADE
ORGANIZATIONG/TRIMS/W/33
24 September 2003
(03-5067)
REPORT (2003) 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 2002 –
October 2003.1
2. The Committee met on 19 June 2003 under the chairmanship of Mr. Vassili Notis (Greece),
and on 18 July and  3 October 2003 under the chairmanship of Mr. Sivaramen Palayathan
(Mauritius). Minutes of the meetings are c ontained in documents G/TRIMS/M/16, G/TRIMS/M/17
and G/TRIMS/M/18, respectively.  The meetings were open to Members, governments with observer
status in the WTO and international intergovernmental organizations to which the Committee has
accorded regular observer status (IMF, OECD, UN, UNCTAD and World Bank). Decisions onrequests 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 investment 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 into force of the WTO Agreement.  Pursuant to adecision adopted by the General Council in April 1995, governments eligible to become original
WTO Members that accepted the WTO Agreement after 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 notified under Article 5.1 being governed by reference
to the date of entry into force of the WTO Agreement itself.
2
4. Annex 1 contains a list of all notifications of measures under Article 5.1.3  In the case of some
Members, notifications have been submitted 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 Members which have made such notifications.
                                                     
1 The previous annual report is contained in document G/L/589 of 8 November  2002.
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/33
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6. Article 5.5 deals with the conditions under which, during the transition periods stipulated in
Article 5.2, Members may apply TRIMs notified under  Article 5.1 to new investments.  While a
standard format for the submission of notifications 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 notifications as required under Article 6.2, which
provides for notification to the Secretariat of publications in which information on TRIMs can be
found.  A list of these notifications has been ci rculated in G/TRIMS/N/2/Rev.11, dated 25 September
2003.  Annex 3 lists the Members which have submitted such notifications.
III. SPECIAL AND DIFFERENTIAL TREATM ENT PROPOSALS RELATED TO THE
TRIMS AGREEMENT
8. In the context of the Work Programme on Special and Differential Treatment (S&D) under
Paragraph 44 of the Doha Ministerial Declaration and Paragraph 12.1 of the Decision onImplementation-Related Issues and Concerns, on 20 May 2003 the Chairman of the General Council
instructed the TRIMs Committee to consider two S&D proposals related to the TRIMs Agreement.
The proposals were submitted by the African Group in document TN/CTD/W/3/Rev.2 with respect to
Article 4 and Article 5.3 of the TRIMs Agreement.
9. At its meetings on 19 June and 18 July, the TRIMs Committee held substantive discussions
on the proposals. In addition, an informal meeting on 12 June and several informal consultations were
held on this issue. A full account of the discussions is contained in the relevant sections of the minutes
of the TRIMs Committee's meeting (G/TRIMS/M/16 and G/TRIMS/M/17). The Committee was
unable to arrive at a solution that would enable it to adopt the proposals or alternative compromise
solutions.  At its meeting on 18 July 2003, the Committee agreed on a short written report to besubmitted by the Chairman of the TRIMs Committee to the General Council. The report has been
circulated as document G/L/638.
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 Protocol of Accession, the TRIMs Committee undertook
the second annual review of China's implementa tion of its commitments under the TRIMs Agreement
and related provisions of the Protocol of Accession. Comments and questions in connection with
China's Transitional Review Mechanism were received from the European Communities
(G/TRIMS/W/31) and the United States (G/TRIMS/W/32).
11. [The  review took place at the meeting of 3 October 2003.].G/TRIMS/W/33
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ANNEX 1
Members which have Submitted Notifications 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 1997Barbados G/TRIMS/N/1/ BRB/1 31 March 1995
Bolivia
4G/TRIMS/N/1/BO L/1 24 June 1998
Chile G/TRIMS/N/1/CHL/1 14 December 1995
Colombia G/TRIMS/N/1/COL/1 31 March 1995Colombia G/TRIMS/N/1/COL/1/Add.1 4 June 1995Colombia G/TRIMS/N/1/COL/2 31 July 1995Colombia G/TRIMS/N/1/COL/2/Corr.1 30 September 1996
Costa Rica
5G/TRIMS/N/1/CRI/1 30 March 1995
Cuba6G/TRIMS/N/1/CUB/1 18 July 1995
Cyprus7G/TRIMS/N/1/CYP/2 30 October 1995
Dominican Republic G/TRIMS/N/1/DOM/1 26 April 1995Ecuador G/TRIMS/N/1/ECU/1 20 March 1996Egypt G/TRIMS/N/1/EGY/1 29 September 1995
India G/TRIMS/N/1/IND/1 31 March 1995
India G/TRIMS/N/1/IND/1/Add.1 22 December 1995
                                                     
4 Bolivia subsequently submitted a notification indicating 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 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).
6 Cuba subsequently informed the Committee that th e measures notified by Cuba under Article 5.1 are
no longer in force (G/TRIMS/M/3, paragraph 5).
7 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/33
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Member Document Symbol Date of Communication
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 1995Indonesia G/TRIMS/N/1/IDN/1/Add.1 28 October 1996Malaysia G/TRIMS/N/1/MYS/1 31 March 1995Malaysia G/TRIMS/N/1/MYS/1/Rev.1 14 March 1996Mexico G/TRIMS/N/1/MEX/1 31 March 1995
Mexico G/TRIMS/N/1/MEX/1/Rev.1
831 March 1995
Nigeria9G/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 1995Philippines G/TRIMS/N/1/PHL/1 31 March 1995
Poland
10G/TRIMS/N/1/POL/1 28 September 1995
Romania G/TRIMS/N/1/ROM/1 31 March 1995South Africa G/TRIMS/N/ 1/ZAF/1 19 April 1995
Thailand G/TRIMS/N/1/THA/1 30  March 1995Uganda G/TRIMS/N/1/UGA/1 17 June 1997Uruguay 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
                                                     
8 English only.
9 Nigeria subsequently submitted a notification indi cating 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).
10 Poland subsequently submitted a notification indicating that it has eliminated measures notified
under Article 5.1 (G/TRIMS/N/1/POL/1/Add.1).G/TRIMS/W/33
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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.11116 September 1999
Cyprus G/TRIMS/N/1/ CYP/2/Add.1 26 May 2000
Haiti G/TRIMS/N/1/HTI/1 27 February 1998Honduras 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 1998Jordan G/TRIMS/N/1/JOR/1 22 May 2000Maldives G/TRIMS/N/1/MLV/1 30 September 1999Mali 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 1999Nicaragua G/TRIMS/N/ 1/NIC/1 18 July 1996
Oman G/TRIMS/N/1/OMN/1 20 December 2000Saint Lucia G/TRIMS/N/1/LCA/1 14 February 1996Singapore 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 2002Trinidad & Tobago G/TRIMS/N/1/TTO/1 1 April 1996
Zambia G/TRIMS/N/1/ZMB/1 13 April 1995
                                                     
11 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/33
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ANNEX 3
Members which have Submitted Notifications under Article 6.2 of
the Agreement on Trade-Related Investment Measures
Argentina
Australia
Brazil
Brunei Darussalam
Bolivia
BulgariaBurundi
Cameroon
Canada
Chad
ChileChina
Colombia
Costa Rica
Croatia
CubaCzech Republic
Dominica
Ecuador
Estonia
European Community (including the member States)Fiji Islands, Rep. of the
Gabon
Georgia
Ghana
Haiti
Hong Kong, China
IcelandIndia
Indonesia
Israel
Jamaica
JapanKorea
Kyrgyz Republic
Latvia
Liechtenstein
LithuaniaMacau, China
Madagascar
Maldives
Mali
MaltaMauritius
Moldova
Mongolia
NamibiaG/TRIMS/W/33
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New Zealand
Nicaragua
Norway
Panama
ParaguayPeru
Philippines
Poland
Qatar
Romania
Singapore
Slovak RepublicSlovenia
South Africa
Sri Lanka
Suriname
SwitzerlandTaipei, Chinese
Thailand
Trinidad and Tobago
Tunisia
UgandaUnited States
Uruguay
Venezuela, Bolivarian Rep. of
Zambia
Zimbabwe
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