G/C/W/764  
 
14 June 2019  
(19-4083) Page: 1/2 
Council for Trade in Goods  Original: English  
 
REQUEST FOR EXTENSIO N OF THE WAIVER FOR PREFERENTIAL TARIFF TREATMENT  
FOR LEAST DEVELOPED COUNTRIES  
COMMUNICATION  FROM CHILE, CHINA, INDIA, AND TH AILAND  
The following communication, dated 13 June 2019, is being circulated at the request of the 
Delegations of Chile, China, India, and Thailand.  
 
_______________  
 
 
1  BACKGROUND  
1. Recognizing the necessity for a legal instrument that would allow developing country Members 
to grant unilateral tariff prefe rences to least developed countries, the General Council adopted a 
Decision, on 15  June 1999, to grant a waiver pursuant to the provisions of paragraph  3 of Article  IX 
of the WTO  Agreement.  
 
2. Noting that the aforementioned waiver was scheduled to expire on 30  June 2009 but that the 
exceptional circumstances that justified the initial granting of such waiver continue to exist, the 
General Council adopted a Decision, on 27  May 2009, to grant aforementioned waiver to extend until 
30 June 2019.  
 
3. Under abov ementioned waiver Decisions, some developing country Members are currently 
implementing their preferential tariff access schemes for least developed countries. Other developing 
country Members have also since progressed towards finalizing their preferentia l tariff access 
schemes for least developed countries.  
 
2  CIRCUMSTANCES JUSTIF YING THE WAIVER  
4. Since the adoption of the abovementioned waiver Decisions, Ministers have repeatedly 
stressed the particular vulnerability of the least  developed countries and t he special structural 
difficulties they face in the global economy. The Doha Ministerial Declaration, and the Declarations 
and Decisions adopted at the Ministerial Conferences held since then, committed Members to address 
the marginalization of least  devel oped countries in international trade and to improve their effective 
participation in the multilateral trading system. They recognized that the integration of the least 
developed countries into the multilateral trading system required meaningful market acc ess, support 
for the diversification of their production and export base, and involved efforts by all WTO  Members.  
 
3  CONCLUSION  
5. Given the importance of this Decision in providing a legal basis so that developing country 
Members may be able to further imp lement preferential tariff access schemes for the least developed 
countries, co -sponsors of this proposal seek the extension of the Decision by a period of 10  years, 
i.e., it shall remain valid from 1  July 2019 until 30  June 2029.  
 
6. No other changes are proposed to the Decision.  
 
7. A draft Decision to this effect is annexed for adoption by Members.  
 
_______________  G/C/W/764  
 
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  ANNEX  
 
PREFERENTIAL TARIFF TREATMENT FOR  
LEAST DEVELOPED COUN TRIES  
DRAFT DECISION ON EXTENSIO N OF WAIVER  
Adopted on … 1 
The General Council,  
 
 Having regard  to paragraphs  3 and 4 of Article  IX of the Marrakesh Agreement Establishing 
the World Trade Organization (the "WTO  Agreement"), the Understanding in Respect of Waivers of 
Obligations under the General Agreement on Tariffs and Trade  1994, and the Guiding Principles to 
Be Followed in Considering Applications for Waivers adopted on 1  November  19562; 
 
 Conducting  the function of the Ministerial Conference in the interval between meetings 
pursuant to paragraph  2 of Article  IV of the WTO  Agreeme nt; 
 
 Considering  the decision adopted on 15  June 1999 granting a waiver of paragraph  1 of 
Article  I of the GATT  1994 to the extent necessary to allow developing country Members to provide 
preferential tariff treatment to products of least developed countr ies, designated as such by the 
United Nations, without being required to extend the same tariff rates to like products of any other 
Member3; 
 
Considering  the decision adopted on 27  May 2009 extending the aforementioned waiver until 
30 June 20194; 
 
 Noting  that the exceptional circumstances that justified the initial granting of the 
aforementioned waiver continue to exist;  
 
 Decides  as follows:  
 
The waiver contained in the decision of 15  June 1999 (WT/L/304) is hereby extended from 
1 July 2019 until 30  June 2029.  
 
__________  
                                                
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 L/532 (BISD 5S/25).  
3 WT/L/304.  
4 WT/L/759.