WT/L/1166  
 
10 May 2023  
(23-3292) Page: 1/2 
    
 
CARIBCAN  
Decision of 9 May 20231 
 The General Council,  
 
 Having regard  to paragraphs  3 and 4 of Article  IX of the Marrakesh Agreement Establishing 
the World Trade Organization (hereinafter "WTO Agreement");  
 
 Conducting  the function of the Ministerial Conference in the interval between meetings 
pursuant to paragraph  2 of Art icle IV of the WTO  Agreement;  
 
 Taking  note of the request  of the Government  of Canada  for a renewal  of the waiver  from its 
obligations  under  paragraph  1 of Article  I of the General  Agreement2 for provision  of unilateral  
duty-free treatment  for imports  of eligible  products  originating  in beneficiary  Caribbean  countries  as 
provided  for in Section  41 of the Customs  Tariff, S.C., 1997 c. 36, in accordance  with the CARIBCAN  
initiative  (hereinafter  referred  to as "CARIBCAN");  such waiver  having  been initially  granted  by the 
CONTRACTING  PARTIES  of the GATT  1947 on 28 November  1986 for the period  from 15 June 1986 
until 31 December  1996,  renewed  by the General  Council  on 14 October  1996 for a period  from 
1 January  1997 until 31 December  2006,  on 15 December  2006 for a period  from 1 January  2007 
until 31 December  2011,  on 30 November  2011 for a period  from 1 January  2012 until 31 
December  2013,  and on 28 July 2015 until 31 December  2023;  
 
 Bearing in mind  the 1979  Decision on Differential and More Favourable Treatment, Reciprocity 
and Fuller Participation of Developing Countries;  
 
 Considering  that the objective of granting preferential tariff treatment under CARIBCAN is to 
enhance the Commonwealth Caribbe an's existing trade and export earnings to promote economic 
development as well as new investment opportunities and encourage enhanced economic integration 
and co -operation within the region;  
 
 Considering  also that the duty -free treatment provided under CARIBCAN is designed to 
promote the expansion of trade and economic development of beneficiaries in a manner consistent 
with the objectives of the GATT  1994 and with the trade, financial and development needs of the 
beneficiar ies, and not to raise barriers or to create difficulties for the trade of other Members;  
 
 Considering , moreover, that the duty -free treatment provided under CARIBCAN should not 
prejudice the interests of other Members not benefitting from such treatment a nd that it is expected 
that the extension of such duty -free treatment will not cause a significant diversion of Canada's 
imports of products eligible for duty -free treatment under CARIBCAN originating in Members who 
are not beneficiaries;  
 
 Having regard  to the assurances that the Government of Canada does not envisage the 
introduction of any discriminatory non -tariff measure, in pursuance of CARIBCAN, which would 
adversely affect the trade of Members who are not beneficiary countries;  
 
 
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).  
2 G/C/W/710.  WT/L/1166  
 
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   Considering  that th e duty -free treatment provided under CARIBCAN by the Government of 
Canada shall not constitute an impediment to the reduction or elimination of tariffs and other 
restrictions to trade on a most -favoured -nation basis;  
 
 Considering , furthermore, that the du ty-free treatment provided under CARIBCAN by the 
Government of Canada shall not adversely affect the maintenance, operation and improvement of 
the General Preferential Tariff (GPT) of Canada;  
 
 Noting , furthermore, the assurances given by the Government of Canada that it will, upon 
request, promptly enter into consultations with any Members on matters falling under the provisions 
of the GATT  1994 and related to the applications of this Decision;  
 
 Having regard  to the Guiding Principles to be f ollowed in considering applications for waivers 
adopted on 1  November  1956, the Understanding in Respect of Waivers of Obligations under the 
General Agreement on Tariffs and Trade  1994, and paragraphs  3 and 4 of Article  IX of the 
WTO Agreement;  
 
 Decides , in view of the exceptional circumstances set out above, that:  
 
1. Subject to the terms and conditions set out hereunder, the provisions of paragraph  1 of 
Article  I of the GATT  1994 shall be waived until 31  December  2033, to the extent necessary to permit 
the Government of Canada to provide duty -free treatment to eligible imports of Commonwealth 
Caribbean countries benefiting from the provision of CARIBCAN, without being required to extend 
the same duty -free treatment to like products of any other Member.  
 
2. Such duty -free treatment shall be designed not to raise barriers or create undue difficulties 
for the trade of other Members and provides no basis for establishing rights of access to the Canadian 
market on the basis of discriminatory non -tariff measures . 
 
3. The Government of Canada will submit to the General Council an annual report on the 
implementation of the trade -related provisions of CARIBCAN with a view to facilitating the annual 
review provided for in paragraph  4 of Article  IX of the WTO  Agreemen t. The Government of Canada 
shall promptly notify Members of any changes in the legislation covered by this waiver and any 
trade-related measure taken under CARIBCAN, in particular any modifications in the status of eligible 
imports and the duty -free treat ment thereof, and shall furnish them with all the information they 
may deem appropriate relating to such action.  
 
4. The Government of Canada will, upon request, promptly enter into consultations with any 
interested Member with respect to any difficulty or  matter that may arise as a result of 
implementation of the trade -related provisions of CARIBCAN; where a Member considers that any 
benefit accruing to it under the GATT  1994 may be or is being impaired unduly as a result of such 
implementation, such consu ltation shall examine the possibility of action for a satisfactory 
adjustment of the matter. This Decision does not affect Members' rights.  
 
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