RESTRICTED  
  
WT/ACC/SPEC/AFG/5  
 
24 June 2013  
(13-3280)  Page: 1/3  
Working Party on the Accession of the Islamic Republic 
of Afghanistan  Original: English  
 
ACCESSION OF AFGHANISTAN 
DRAFT SPECIFIC COMMITMENT PARAGRAPHS PROPOSED BY AFGHANISTAN  
The Delegation of the Islamic Republic of Afghanistan, in coordination with  
H.E. Mr Roderick van Schreven, the Chairperson of the Working Party on the Accession of the 
Islamic Republic of Afghanistan, has requested the WTO Secretariat to circulate urgently the draft 
specific commitment paragraphs in this document to all Members of the Working Party, for their consideration, in advance of the next cycle of meetings on the Accession of Afghanistan. 
 
The Delegation of the Islamic Republic of Afghanistan has also requested the 
WTO Secretariat to inform Members of the Working Party that its Delegation, at the July cycle of meetings, will be led by H.E. Mr Mozammil Shin w a r i ,  D e p u t y  M i n i s t e r  o f  T r a d e ,  M i n i s t r y  o f  
Commerce of the Islamic Republic of Afghanistan.  At this cycle of meetings, the Working Party 
Chairperson will be holding meetings with Members, in different formats and configurations, with a view to advancing the Accession of Afghanistan. 
 
 
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 WT/ACC/SPEC/AFG/5 
 
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SECTIONS OF THE DRAFT WORKING 
PARTY REPORT DRAFT SPECIFIC COMMITMENTS 
 
Technical barriers to trade End of the section   [The representative of Afghanistan stated 
that Afghanistan would apply the Agreement on Technical Barriers to Trade from the date of its accession without any transitional period except for th e implementation of equivalence 
mechanism as indicated in paragr aph [xx] above.  If, in the 
future, technical regulations or standards and conformity assessment procedures were to be introduced, Afghanistan would notify appropriate legisl a t i o n  i n  c o n f o r m i t y  w i t h  t h e  
Agreement on Technical Barriers to Trade.  Any standards, 
technical regulations, and conformity assessment procedures adopted would be developed and ap plied in conformity with the 
provisions of the Agreement, including publication prior to implementation to allow interested parties the opportunity for review and comment as provided for in the Agreement. 
 
Existing or new measures would be applied on a non-discriminatory basis, i.e. providing for national treatment and MFN treatment to all imports.  The Working Party took note of these commitments.]   
 
Sanitary and phytosanitary me asures End of the section   [The representative of Afghanistan stated 
that Afghanistan would adopt all laws related to the Agreement on the Application of Sanitary and Phytosanitary Measures by the date of accession but needed a transition until 2017 to put in place as provided in paragraph [xx] above, necessary measures for proper implementa tion and administration of 
these laws.  He confirmed that any SPS measures, and control, 
inspection and approval proced ures adopted after accession 
would be developed and applie d in conformity with the 
provisions of the Agreement, including publication prior to implementation to allow interested parties the opportunity for review and comment as provided for in the Agreement. 
 
Afghanistan would review its existing requirements in light of its obligations under the Agreement.  Existing or new measures would be applied on a non-discri minatory basis, i.e., providing 
for national treatment and MFN treatment to all imports from similar conditions.  The Working Party took note of these commitments.] 
 
Government procurement  End of the section  [The representative of Afghanistan 
confirmed Afghanistan's willingness to accede to the WTO Agreement on Government Procurement.  Afghanistan would become an observer to the Agreement upon accession, and submit an application for me mbership with a coverage offer 
after accession to the WTO.  The Working Party took note of these commitments.]  
 
TRIPS End of the section   [The representative of Afghanistan 
confirmed that Afghanistan would apply fully the TRIPS A g r e e m e n t  n o  l a t e r  t h a n  t h e  e n d  o f  2 0 1 5 ,  i n  l i n e  w i t h  t h e  legislative action plan (WT/ACC/ AFG/9/Rev.[xx]) and the action 
plan provided in Table 16.  He also confirmed that Afghanistan 
would avail itself of special and differential treatment for Least-Developed Countries under the TRIPS Agreement and various Ministerial Conference  Declarations including the 
Hong Kong Ministerial Declaration (paragraph 47), TRIPS Council Decision (IP/C/40), an d the Eighth Ministerial 
Conference Decisions.  The Working Party took note of this commitment.]  WT/ACC/SPEC/AFG/5 
 
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Publication of information on trade End of the section   [The representative of Afghanistan 
confirmed that, upon accession, Afghanistan would fully and promptly implement Article X of the GATT 1994, Article III of the GATS, Article 63 of the TRIPS Agreement and other transparency provisions in the WTO Agreements requiring notification and publication.  He  further confirmed that no law, 
regulation, judicial decision, administrative rulings, or other 
measures of general application, at any level of Government, 
pertaining to or affecting trade in goods, services and TRIPS, 
except for laws, regulations and other measures involving national emergency or security, or for which publication would impede law enforcement, would become effective prior to its publication in the Official Gazette, on official websites, or in newspapers.  The obligation to establish the Official Gazette 
and the principle that any laws become effective only after their publication is established under the Law on the Making of Legal Acts.  Afghanistan would fulfil  its publication commitments 
through the use of official websit es, newspapers or the Official 
Gazette by the time of accession.  The publication of such laws, regulations and other measures would include the effective date of these measures.  The Working Party took note of these commitments].   
 
Notifications End of the section   [The representative of Afghanistan 
confirmed that at the latest  upon entry into force of the 
Protocol of Accession, Afghanistan would submit all initial notifications required by the WTO Agreement.  Any laws, regulations, or other measur es subsequently enacted by 
Afghanistan, and which were required to be notified pursuant to the WTO Agreement, would also be notified in a time and manner consistent with WTO requirements.  The Working Party took note of these commitments] 
 
VIII. TRADE AGREEMENTS End of the section   [The representative of Afghanistan 
confirmed that his Government would observe the relevant provisions of the WTO Agreement, including Article XXIV of the GATT 1994, the 1979 GATT Decision on Differential and More Favourable Treatment, Reciprocity and Fuller Participation of Developing Countries (Enabling Clause) and Article V of the 
GATS in its trade agreements  and would ensure that the 
applicable provisions of the WTO Agreements for notification, consultation, and other requirements concerning free trade areas, customs unions and other preferential trade arrangements, of which Afghanistan was, or may become, a Member, were met from the date of accession.  The Working 
Party took note of these commitments.] 
 
 
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