RESTRICTED  
  
JOB/ACC/COM/12  
 
16 June 2022  
(22-4689) Page: 1/4 
Working Party on the Accession of  
the Union of the Comoros  Original: English  
 
 
ACCESSION OF THE UNION OF THE COMOROS  
PROPOSED COMMITMENT PARAGRAPHS  
II. ECONOMIC POLICIES  
- Foreign Exchange and Payments  
Note:  We request the deletion of Paragraphs 28 -30 of WT/ACC/SPEC/COM/5/Rev.3, and we request 
that these two paragraphs be added at the end of this sub -section:  
28. The representative of Comoros confirmed there were no requirements or restrictions on the 
acquisition of  foreign exchange for the payment of foreign merchandise, services, or investments.  
The representative of Comoros also confirmed that Comoros would not maintain any restrictions or 
requirements that would affect payments for imports, including by affectin g importers' ability to seek 
foreign exchange to pay for imports or repatriation of profits, such as, but not limited to, prior import 
deposits, a prior authorization requirement for acquiring foreign exchange to pay for imported 
merchandise, and taxes on the acquisition of foreign exchange.  The Working Party took note of 
these commitments.  
29. The representative of Comoros also stated that Comoros would implement its obligations with 
respect to foreign exchange matters in accordance with the provisions of the  WTO Agreement and 
related declarations and decisions of the WTO that concerned the IMF.  The representative of 
Comoros further recalled Comoros ' acceptance in June 1996 of Article VIII of the IMF's Articles of 
Agreement, which provides for freedom of curr ent and capital transfers.  Specifically, Article VIII 
provides that "no member shall, without the approval of the Fund, impose restrictions on the making 
of payments and transfers for current international transactions".  The Working Party took note of 
these commitments.  
- State Ownership and Privatization  
Note:   We request that this commitment paragraph be added at the end of this sub -section:  
48. The Representative of Comoros confirmed that Comoros would apply all laws and regulations 
governing the trading activities of State -owned and -controlled enterprises in an impartial manner.  
Further, it would apply all laws and regulations concerning such enterprises as well as enterprises 
with special or exclusive privileges, in full conformity with the provisions of the WTO  Agreement, 
including Article  XVII of the GATT 1994, the Understanding on Article  XVII of the GATT 1994, and 
Article  VIII of the GATS.   The representative further confirmed that these enterprises would act in 
conformity with these and all other provisions of the WTO Agreement.  Such enterprises would act 
in accordance with commercial considerations including making purchases of goods and  services 
that were not intended for governmental use, as well as sales in international trade, in accordance 
with commercial considerations (including with respect to price, quality, availability, marketability, 
and transportation).  The representative fu rther confirmed that such enterprises would not 
discriminate against the goods or services of another WTO Member and would afford enterprises of 
other WTO Members adequate opportunity to compete for purchases or sales.  The representative 
also confirmed th at, upon accession, Comoros would notify enterprises falling within the scope of 
the Understanding on Article  XVII of the GATT 1994.  The  Working Party took note of these 
commitments.  JOB/ACC/COM/12  
 
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  III. FRAMEWORK FOR MAKING AND ENFORCING POLICIES  
- Powers of Executive, Legislative, and Judicial Branches of Government  
Note: We will request a commitment paragraph be added to the end of this sub -section, following 
changes to the text of this sub -section after the Working Party meeting on May 19.  
- Authority of Sub-Central Governments  
Note: We request that the following commitment paragraph be added to the end of this sub -section:  
77. The representative of Comoros confirmed that sub -central entities had no autonomous 
authority over issues of subsidies, taxation, trad e policy or any other measures covered by WTO 
provisions. He confirmed that the provisions of the WTO Agreement, including Comoros ' Protocol of 
Accession, would be applied uniformly throughout its customs territory and other territories under 
its control, including in regions engaging in border trade or frontier traffic, special economic zones, 
and other areas where special regimes for tariffs, taxes and regulations were established. He added 
that when apprised of a situation where WTO provisions were not b eing applied or were applied in a 
non-uniform manner, central authorities would act to enforce WTO provisions without requiring 
affected parties to petition through the courts. The Working Party took note of these commitments.  
IV. POLICIES AFFECTING IMPORT S 
A. IMPORT REGULATIONS  
- Other Customs Formalities  
Note: We request that the second paragraph of this sub -section (currently Paragraph 139) be 
transformed into a commitment paragraph, and read as follows:  
139.  The representative of Comoros confirmed that Comor os did not maintain and did not plan to 
impose any requirements for notarization, authentication, legalization, or consularization of 
commercial invoices, bills of lading, certificates of origin, manifest, shipper export declaration, or 
any other customs d ocumentation related to importation ( "trade documents ").  The representative 
of Comoros stated that Comoros would not impose any new requirements for notarization, 
authentication, legalization, or consularization of trade documents in the future.  The Work ing Party 
took note of these commitments.  
- Preshipment Inspection  
Note:  We request that the following commitment paragraph be added to the end of this sub -section:  
141.  The representative of Comoros stated that if a preshipment inspection programme became 
necessary, the preshipment inspection requirements would be temporary and in conformity with the 
requirements of the WTO Agreement on Preshipment Inspection, Article 10.5 of the Trade Facilitation 
Agreement, and other relevant WTO Agreements.  Comor os would take full responsibility to ensure 
that any preshipment inspection entity operating on its behalf complied with the provisions of WTO 
Agreements including the WTO Agreements on Preshipment Inspection, Technical Barriers to Trade, 
the Application o f Sanitary and Phytosanitary Measures, Import Licensing Procedures, the 
Implementation of Article VII of the GATT 1994, Rules of Origin, the Implementation of Article VI of 
the GATT 1994, Subsidies and Countervailing Measures, Safeguards, and Agriculture. 
The establishment of charges and fees would be consistent with Article VIII of the General 
Agreement on Tariffs and Trade 1994 and Article 6 of the Trade Facilitation Agreement.  From the 
date of accession, Comoros would ensure that the due process and tra nsparency requirements of 
the WTO Agreements would be applied. Decisions by any preshipment inspection entity could be 
appealed by traders in the same way as administrative decisions taken by the Government of 
Comoros. The Working Party took note of these commitments.  JOB/ACC/COM/12  
 
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  C. INTERNAL POLICIES AFFECTING FOREIGN TRADE IN GOODS  
- Industrial Policy, Including Subsidies  
Note:  We request that the following commitment paragraph be added to the end of this sub -section 
of Section IV.C:  
156.  The representative of Comoros stated that any subsidy programmes would be administered 
in line with the Agreement on Subsidies and Countervailing Meas ures and that any such programmes 
would be notified to the Committee on Subsidies and Countervailing Measures upon Comoros ' 
accession to the WTO.   The Working Party took note of these commitments.  
- Trade Related Investment Measures  
Note:  We can accept the  commitment paragraph that is currently Paragraph 182 in Rev.3 of the 
draft Working Party Report.  
182.  The representative of Comoros confirmed that from the date of accession, Comoros would 
apply its investment regime in compliance with the WTO Agreement, inclu ding the WTO Agreement 
on Trade -Related Investment Measures (TRIMs Agreement), and would apply the TRIMs Agreement 
from the date of accession without recourse to any transition period in a non -discriminatory manner 
to imports from all WTO Members and to do mestically -produced goods.  The Working Party took 
note of this commitment.  
VI. POLICIES AFFECTING TRADE IN SERVICES  
Note:  We request that the following language on transparency and choice of partner be added to 
the end of Section VI:  
262.  Members of the Working Party stated that they expected Comoros to make a commitment to 
guarantee transparency of licensing requirements and proced ures, and qualification requirements 
and procedures, pertaining to obtaining, extending, renewing, denying and terminating such 
authorizations required to provide services in Comoros 's market and appeals of such actions 
consistent with the Reference Paper on Services Domestic Regulation (INF/SDR/2, 26 November 
2021). Comoros ' authorization procedures and requirements should be based on objective and 
transparent criteria, should not in themselves act as a barrier to market access, and should not be 
more trad e restrictive than necessary.  Comoros should publish a list of authorities responsible for 
authorising, approving, or regulating those service sectors in which Comoros has made specific 
commitments. Comoros should provide service suppliers the information  necessary to comply with 
the requirements and procedures for obtaining authorization. Members also expected Comoros to 
make a commitment to guarantee that for those services included in Comoros 's Schedule of Specific 
Commitments for services, relevant reg ulatory authorities would be separate from, and not 
accountable to, any service suppliers they regulate. Members further expected Comoros to make a 
commitment to guarantee that foreign service suppliers remain free to choose their partners.  
263.  In response, t he representative  of Comoros confirmed that Comoros would apply rules 
consistent with the Reference Paper on Services Domestic Regulation (INF/SDR/2, 26 November 
2021).  Inter alia, Comoros would publish all laws, regulations, procedures and administrative rulings 
of general application pertaining to or affecting trade in services. Publication of such laws, 
regulations, procedures and administrative rulings would include the effective date of these 
measures and the general scope of services or activities aff ected.  He confirmed that Comoros would 
establish mechanisms for responding to enquiries from interested persons regarding these 
measures.  He further confirmed that Comoros would publish a list of all ministries, agencies, or 
other authorities that were r esponsible for authorizing, approving, or regulating service activities for 
each service sector, including non -governmental bodies exercising powers delegated by 
governments or authorities.  In addition, Comoros would, prior to accession, ensure that all o f its 
authorization procedures and requirements are published in Comoros 's official journal, and otherwise 
ensure that service suppliers or persons seeking to supply a service are provided with the information 
necessary to comply with the requirements and procedures for obtaining authorization.  The Working 
Party took note of these commitments.  JOB/ACC/COM/12  
 
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  264.  With respect to services authorization procedures, the representative of Comoros confirmed 
that Comoros would ensure that its licensing procedures and conditions wou ld not act as barriers to 
market access.  He further confirmed that for those services included in its Schedule of Specific 
Commitments, Comoros would ensure that:  
(a) All authorization procedures and requirements were published prior to becoming 
effectiv e;  
(b) Relevant authorities would review and make a decision on authorization, and inform 
the applicant of that decision in writing, within a reasonable time, as specified in 
official procedures;   
(c) Any fees charged in connection with the filing and re view of an application would be 
reasonable, transparent, and would not, in themselves, restrict the supply of the 
relevant service;   
(d) On the request of an applicant, Comoros 's relevant regulatory authority would inform 
the applicant of the status of its application, including whether it was considered 
complete; if the authority required additional information from the applicant, it would 
notify the applicant without delay and pr ovide guidance on the additional information 
required to complete the application; Applicants would have the opportunity to cure 
deficiencies in the application;   
(e) If an application were rejected, Comoros 's relevant regulatory authority would 
inform the applicant of the reasons for rejection and, if applicable, the procedures 
for resubmission of an application; an applicant would not be prevented from 
submitting another application solely on the basis of a previously rejected 
application;  
(f) Where Comoros required an examination to license  professionals, such examinations 
would be scheduled at reasonable intervals.   
The Working Party took note of these commitments.  
265.  The representative of Comoros further co nfirmed that relevant regulatory authorities would 
be separate from, and not accountable to, any service suppliers they regulated. Further, the 
representative of Comoros confirmed that Comoros would:  
1.1.  (a) Publish in advance any regulations or other implemen ting measures of general 
application that it proposes to adopt and the purpose of the regulation or other 
implementing measure;  
 (b) Provide interested persons and other Members a reasonable opportunity to comment 
on such proposed regulation or other imple menting measure; and  
 (c) Allow a reasonable period of time between publication of the final regulation or other 
implementing measure and its effective date.  
1.2.  The Working Party took note of these commitments.  
With respect to foreign service suppliers ' choice of partner, the representative of Comoros  confirmed 
that foreign service suppliers, when entering into a joint -venture or other partnership with persons 
of Comoros , were free to choose their partner(s).  The Working Party took note of this commitment.  
 
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