WORLD TRADE  
ORGANIZATION  RESTRICTED 
G/TRIMS/W/102 
17 August 2012 
 (12-4467) 
  
 
 
 
REPORT (2012) 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 ("TRIMs Agreement"), which requires the Committee on Trade-Related 
Investment Measures (the "Committee") to report annually to the Council for Trade in Goods.  The 
Report covers the period Oc tober 2011 – October 2012. 
2. The Committee met formally on 4 May 2012 under the Chairpersonship of Mr. Patrick Van 
Gheel (Belgium) and on 1 October 2012 under the Chai rpersonship of Mr. José Estanislau do Amaral 
(Brazil).  The minutes of these meetings ma y be found in documents G/TRIMS/M/32 and 
G/TRIMS/M/33, respectively.  Both meetings were  open to all Members, governments with observer 
status in the WTO and international intergovern mental organizations to which the Committee has 
accorded regular observer status (IMF, OECD, UN, UNCTAD and World Bank).  Decisions on 
requests for observer status made by several other international organizations are pending. 
II. NOTIFICATIONS 
3. Pursuant to Article 5.1 of the TRIMs Agreemen t, Members were required to notify any trade-
related investment measure ("TRIM") inconsistent with the Agreement within 90 days after the entry 
into force of the WTO Agreement.  Article 5.2 a llows for transition periods for the elimination of 
measures notified under Article 5.1 a nd which were in existence at least 180 days preceding the entry 
into force of the WTO Agreement.  Pursuant to a decision 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.
1 
4. Annex 1 to this report lists all notifications of measures under Article 5.1.  In the case of some 
Members, notifications have been submit ted later than the 90-day period foreseen. 
5. Some Members have notified that they do no t apply any TRIM inconsistent with the 
Agreement.  Annex 2 to this report lists all Members that ha ve made such notifications. 
6. Article 6.2 provides for notification of publica tions in which information on TRIMs can be 
found.  Annex 3 lists the Members that have submitt ed such notifications.  During the period covered 
by this report, notifications were made by Croa tia, Honduras and the Kingdom of Saudi Arabia.  As 
                                                      
1 WT/L/64. G/TRIMS/W/102 
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  agreed by the Committee at its meeting on 20 May 2009, the Secretariat has circulated reminders 
every six months.2  These reminders contain guidance regard ing the requirements of Article 6.2 and 
its related decision.  The reminders also request a ll Members that had never notified such publications 
to do so without delay and that all Members that ha d previously notified to constantly update their 
notifications, if appropriate, without delay.  The latest updated list of notifications has been circulated 
in document G/TRIMS/N/2/Rev.22. 
III. SPECIAL AND DIFFERENTIAL TREATMENT PROPOSALS RELATED TO THE 
TRIMS AGREEMENT 
7. Pursuant to the Decision adopted by the General Council on 1 August 2004 (WT/L/579) and 
paragraph 37 of the Hong Kong Ministerial D eclaration (WT/MIN(05)/DEC), the TRIMs Committee 
continued its consideration of the Category II Sp ecial and Differential Treatment ("S&D") proposals 
which were referred to it by the Ch airperson of the General Council. 
8. The proposals were originally submitted by the African Group in document 
TN/CTD/W/3/Rev.2 and relate to Articles 4 and 5.3 of the TRIMs Agreement.  In April 2007, Kenya 
on behalf of the African Group submitted a revised ve rsion of the proposals dealing more specifically 
with the concerns of the proponents.3  In June and October 2007, the Chairperson held informal 
discussions with interested delegations on the revi sed proposals.  These were further discussed at the 
meeting of the Committee held on 1 November 2007 at which the representative of Kenya said that 
they were open to listen to any new ideas concerning these proposals, particularly with respect to the 
drafting, and that the African Group felt that it had gone as far as it could on this issue, unless there 
were other suggestions by other Members.  No furthe r revisions to the draft proposals have since been 
received.  In accordance with paragraph 37 of  the Hong Kong Ministerial Declaration, the 
Chairperson of the TRIMs Committee submitted an oral report (18 December 2007)4 to the 
General Council on the work undertaken by the Committee with respect to the S&D proposals.  
9. At Committee meetings on 23 October 2008, 16 October 20095, 1 October 2010 and 
3 October 2011, no delegation took the floor with r espect to this issue and the Chairpersons indicated 
that they had no further developments to report to  the General Council.  The Chairpersons indicated 
their willingness to continue informal consultations  on this issue should Members so wish and report 
back to the Committee and the General Council at an  appropriate time on any further developments.  
No such consultations were requested.   
10. No further developments occurred on this front to date. 
IV. COMMUNICATIONS BY MEMBERS AND RELATED DISCUSSIONS 
11. At its meeting held on 4 May 2012, three new i ssues were raised and the discussion continued 
with respect to four other issues pr eviously raised in the Committee.  
12. With respect to the new issues, the Co mmittee discussed, at the request of the 
European Union ("EU"), Japan and the United States ("US"), the issue entitled "Argentina – 
Obligation to Compensate Imports-Exports and/or to Develop Local Facilities in Relation with 
Imports and Repatriati on of Profits Abroad".6  It also took up, at the request of the EU and the US, the 
                                                      
2 Reminders for 2012 were circulated in documents G/TRIMS/W/92 and G/TRIMS/W /101. 
3 The latest revised version of the African Group's proposals was annexed to document 
G/TRIMS/M/31. 
4 WT/GC/M/112, paragraph 142. 
5 Following that meeting, the Chairperson made an oral report to the General Council at its meeting 
held on 17 December 2009.  This report was reflected in document WT/GC/M/124, paragraph 52. 
6 Further details could be found in G/TRIMS/M/32.  G/TRIMS/W/102 
 Page 3 
 
 
  issue entitled "Brazil – Certain Local Content Provisions in the Telecommunications Sector".6, 7  The 
third new issue was placed on the agenda at the re quest of the EU and the US and entitled "India – 
Certain Preferences to Domestically Manufactured Electronic Goods. 6, 8 
13. In addition, the Committee continued, at th e request of the EU, Japan and the US, the 
discussion of the issue entitled "India – Mandatory  Local Content Requirements in Project Guidelines 
for Phase 1 (Batch 1 and Batch 2) of the Jawaharlal Nehru National Solar Mission"6, 9;  the issue 
entitled "Indonesia – Certain Measures Addressi ng Local Content in Investment in the 
Telecommunications Sector", at the request of Japan6, 10;  the issue entitled "Indonesia – Certain Local 
Content Provisions in the Energy Sector (Mining,  Oil and Gas), at the request of Canada, the EU, 
Japan and the US6, 11;  and the issue entitled "Nigeria – Certain Measures Taken in the "Act to Provide 
for the Development of Nigerian Content in the Ni geria Oil and Gas Industry" of April 2010", at the 
request of the EU and the US.6  
V. DATE OF THE NEXT MEETING 
14. The next Committee meeting will be held on [....].    
VI. ELECTION OF OFFICERS 
15. At its meeting of 4 May 2012, the Committee el ected Mr José Estanislau do Amaral (Brazil) 
as its Chairperson for the period 2012-2013.   
                                                      
7 G/TRIMS/W/93 and G/TRIMS/W/99. 
8 G/TRIMS/W/94 and G/TRIMS/W/97. 
9 Relevant documents since G/L/964 was circulated could be found in G/TRIMS/W/95 and 
G/TRIMS/W/98. 
10 Relevant document since G/L/964 was circulated could be found in G/TRIMS/W/96. 
11 Relevant document since G/L/964 was circulated could be found in G/TRIMS/W/100. G/TRIMS/W/102 
Page 4 
 
 
  ANNEX 1 
 
Members that 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 1997 Barbados G/TRIMS/N/1/BRB/1 31 March 1995 Bolivia
1  G/TRIMS/N/1/BOL/1 24 June 1998 
Chile2  G/TRIMS/N/1/CHL/1 14 December 1995 
Colombia G/TRIMS/N/1/COL/1 31 March 1995 Colombia G/TRIMS/N/1/COL/1/Add.1 4 June 1995 Colombia
3 G/TRIMS/N/1/COL/2 31 July 1995 
Colombia G/TRIMS/N/1/COL/2/Corr.1 30 September 1996 Costa Rica
4 G/TRIMS/N/1/CRI/1 30 March 1995 
Cuba5  G/TRIMS/N/1/CUB/1 18 July 1995 
Cyprus6  G/TRIMS/N/1/CYP/2 30 October 1995 
Dominican Republic G/TRIMS/N/1/DOM/1 26 April 1995 Ecuador  G/TRIMS/N/1/ECU/1 20 March 1996 Egypt  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 
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 1995 Indonesia G/TRIMS/N/1/IDN/1/Add.1 28 October 1996 Malaysia G/TRIMS/N/1/MYS/1 31 March 1995 
Malaysia G/TRIMS/N/1/MYS/1/Rev.1 14 March 1996 
Mexico  G/TRIMS/N/1/MEX/1 31 March 1995 Mexico
7  G/TRIMS/N/1/MEX/1/Rev.18 31 March 1995 
                                                      
1 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). 
2 Chile subsequently submitted a notification indica ting that it has eliminated measures notified under 
Article 5.1 (G/TRIMS /N/1/CHL/1/Add.1). 
3 Colombia subsequently submitted a notification indicating that it had issued Decree No. 1473 of 
10 May 2004, whereby Decree No. 2439 of 1994 establishing import control mechanisms for certain 
agricultural products had been re pealed (G/TRIMS/N/1/COL/3).   
4 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). 
5 Cuba subsequently informed the Committee that the measures notified by Cuba under Article 5.1 are 
no longer in force (G/TRIMS/M/3, paragraph 5). 
6 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/102 
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  Member  Document Symbol  Date of Communication  
Nigeria9  G/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 1995 
Philippines G/TRIMS/N/1/PHL/1 31 March 1995 
Poland
10  G/TRIMS/N/1/POL/1 28 September 1995 
Romania G/TRIMS/N/1/ROM/1 31 March 1995 South Africa G/TRIMS/N/1/ZAF/1 19 April 1995 Thailand  G/TRIMS/N/1/THA/1 30  March 1995 Uganda  G/TRIMS/N/1/UGA/1 17 June 1997 
Uruguay  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 
                                                                                                                                                                     
7 Mexico subsequently submitted a notification indicating that all provisions under the Automotive 
Decree had ceased to be operative as of 1 January 2004 (G/C/42). 
8 In English only. 
9 Nigeria subsequently submitted a notification indicating 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 i ndicating that it has eliminated measures notified 
under Article 5.1 (G/TRIMS/N/1/POL/1/Add.1). G/TRIMS/W/102 
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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.11 16 September 1999 
Cyprus   G/TRIMS/N/1/CYP/2/Add.1 26 May 2000 El Salvador G/TRIMS/N/1/SLV/1 5 November 2003 
Haiti  G/TRIMS/N/1/HTI/1 27 February 1998 
Honduras 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 1998 Jordan   G/TRIMS/N/1/JOR/1 22 May 2000 Maldives  G/TRIMS/N/1/MLV/1 30 September 1999 
Mali  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 1999 Nicaragua G/TRIMS/N/1/NIC/1 18 July 1996 Oman  G/TRIMS/N/1/OMN/1 20 December 2000 Saint Lucia G/TRIMS/N/1/LCA/1 14 February 1996 
Saudi Arabia G/TRIMS/N/1/SAU/1 3 October 2006 
Singapore 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 Chinese  Taipei  G/TRIMS/N/1/TPKM/1 27 May 2002 
Trinidad & Tobago G/TRIMS/N/1/TTO/1 1 April 1996 
Zambia  G/TRIMS/N/1/ZMB/1 13 April 1995 
                                                      
1 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/102 
 Page 7 
 
 
  ANNEX 3 
 
Members that have Submitted Notifications under Article 6.2 of 
the Agreement on Trade-Rela ted Investment Measures 
 
 
Albania Kyrgyz Republic 
Angola Lesotho 
Argentina Liechtenstein 
Armenia Macao, China 
Australia  Madagascar 
Bahrain, Kingdom of Malaysia 
Bolivia, Plurinational State of   Maldives 
Brazil Mali 
Brunei Darussalam Mauritius 
Burkina Faso Mexico 
Burundi Moldova, Republic of 
Cameroon Mongolia 
Canada Namibia 
Chad New Zealand 
Chile Nicaragua 
China Nigeria 
Colombia Norway 
Costa Rica Oman 
Croatia Panama 
Cuba Paraguay 
Dominica Peru 
Dominican Republic Philippines 
Ecuador Qatar 
El Salvador Saudi Arabia, Kingdom of 
European Union (including the member States) Senegal 
Fiji  Singapore 
Gabon South Africa 
Georgia Sri Lanka 
Ghana Suriname 
Haiti Switzerland 
Honduras Chinese Taipei 
Hong Kong, China Thailand 
Iceland Trinidad and Tobago 
India Tunisia 
Indonesia Turkey 
Israel Uganda 
Jamaica Ukraine 
Japan United Arab Emirates 
Jordan United States of America 
Korea, Republic of Uruguay 
Kuwait, the State of Venezuela, Bolivarian Republic of 
 Zambia 
 Zimbabwe 
 
 
 
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