RESTRICTED  
  
WT/ACC/SYC/30  
 
23 May 2013  
(13-2715)  Page: 1/8  
Working Party on the Accession of the Republic of 
Seychelles  Original: English  
 
 ACCESSION OF SEYCHELLES 
DRAFT SPECIFIC COMMITMENT PARAGRAPHS PROPOSED BY SEYCHELLES  
 
The Delegation of the Republic of Seychelles, in coordination with Ms Hilda Al-Hinai, the 
Chairperson of the Working Party on the Accession  of the Republic of Seychelles, 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 Seychelles. 
 
The Delegation of the Republic of Seychelle s has also requested the WTO Secretariat to 
inform Members of the Working Party that its Delegation, at the June cycle of meetings, will be led 
by H.E. Minister Pierre F. Laporte, Ministry of Finance, Trade and Investment of the Republic of 
Seychelles.  At this cycle of meetings, the Workin g Party Chairperson will be holding meetings with 
Members, in different formats and configurations, with a view to advancing the Accession of 
Seychelles. 
 
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SECTIONS OF THE ELEMENTS OF A DRAFT 
WORKING PARTY REPORT DRAFT SPECIFIC COMMITMENT 
  
Monetary and Fiscal Policy - 
  
Foreign Exchange and Payments - 
  
Investment Regime - 
  
State Ownership and Privatization [The representative of Seyc helles confirmed that from 
the date of accession, State-trading enterprises 
(including State-owned and State-controlled 
enterprises, enterprises with special or exclusive privileges, and unitary enterp rises) in Seychelles would 
make any purchases or sales, which were not for the 
Government's own use or consumption, solely in 
accordance with commercial considerations, including price, quality, availability, marketability, transportation and other conditions of purc hase or sale.  He further 
confirmed that these State trading enterprises would afford the enterprises of  other Members adequate 
opportunity, in accordance with customary business practice, to compete for participation in purchases from or sales to Seychelles' State enterprises.  The Working Party took note of these commitments.] 
  
Pricing Policies [The representative of Seychelles confirmed that it 
currently did not apply price control measures. He further confirmed that, upon accession, any price control measures introduced would be applied in a WTO-consistent fashion, including by taking account of the interests of importing and exporting WTO Members as provided for in Articles III: 4 and III: 9 of the GATT 1994, and with respect to Article VIII of the General Agreement on Trade in Services (GATS) and Article 4 of the WTO Agreement on Agriculture. The Working Party took note of these commitments.] 
  
Competition Policy - 
  
Powers of Executive, Le gislative and Judicial 
Branches of Government [The representative of Seyc helles confirmed that from 
the date of accession Seychelles would provide for the right to appeal administrative rulings on matters subject to WTO provisions to an independent tribunal in conformity with WTO obligations, including those set out in Article X of the GATT 1994, Article 23 of the WTO Agreement on Subsidies and Countervailing Measures, Article 11 of the WTO Agreement on Implementation of Article VII of the GATT 1994, Article 62 of the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights and Article VI of GATS.  The Working Party took note of this commitment.]   
  
Authority of Sub-Central Governments - 
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  SECTIONS OF THE ELEMENTS OF A DRAFT 
WORKING PARTY REPORT DRAFT SPECIFIC COMMITMENT 
Trading Rights [The representative of Seyc helles confirmed that from 
the date of accession Seychelles would ensure that its 
laws and regulations relating to the right to trade in 
goods and all fees, charges and taxes levied on such rights would be in full conformity with WTO provisions, including Article VIII:1(a), XI:1 and III:2,  4 of the GATT 1994, Article 3 of the GATS, and Article 63 of the TRIPS Agreement. The Work ing Party took note of 
these commitments.] 
  
Ordinary customs duties - 
  
Other duties and charges [The representative of Seychelles confirmed that, from 
the date of accession, Seychelles would bind other duties and charges, as defi ned in Article II:b of the 
GATT 1994, as specified in its Schedule of Concessions and Commitments on Goods.  The Working Party took 
note of this commitment]  
  
Tariff rate quotas, tariff exemptions [The representative of Seychelles confirmed that 
Seychelles did not currently apply tariff rate quotas. He 
further confirmed that from th e date of accession, any 
changes in the application of tariff quotas and tariff exemptions in Seychelles would be undertaken in a transparent and consulta tive manner. He also 
confirmed that any import tariff rate quota, introduced 
in the future, would be applied and administered in a manner consistent with the GATT 1994 and other WTO Agreements, including the Agreement on Import Licensing Procedures and the Agreement on Agriculture. The Working Pa rty took note of these 
commitments.] 
  
Fees and charges for services rendered [The representative of Seychelles confirmed that 
Seychelles would, from the date of accession, ensure 
that any fees and charge s for services rendered 
imposed on or in connection with importation and exportation or introduced in the future would be applied in conformity with the relevant provisions of 
the WTO Agreement, in partic ular Articles VIII and X of 
the GATT 1994. He further confirmed that, from the date of accession, all laws  and regulations regarding 
the application and level of any such fees and charges would be published. Further,  upon receipt of a written 
request of a concerned Member, Seychelles would provide to that Member in formation on the revenue 
collected from a specific fee or charge imposed on or in connection with importation and exportation and on the costs of providing the associated services. The Working Party took note of these commitments.] 
  
Application of internal taxes to imports [The representative of Seychelles confirmed that, from 
the date of accession, Seychelles would apply its 
domestic taxes in a non ‑discriminatory manner to 
imports regardless of country of origin and to 
domestically-produced goods in compliance with Articles I and III of the GATT 1994, and in accordance with WTO Agreements, including the Agreement on Agriculture, the Agreement on Subsidies and Countervailing Measures. The Working Party took note of this commitment.]  
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  SECTIONS OF THE ELEMENTS OF A DRAFT 
WORKING PARTY REPORT DRAFT SPECIFIC COMMITMENT 
Quantitative import restrictions, including 
prohibitions, quotas and licensing systems [The representative of Seychelles confirmed that, upon 
accession, Seychelles wo uld apply quantitative 
restrictions on imports or  other non-tariff measures 
such as licensing, quotas, prohibitions, bans and other 
restrictions, only in a manner consistent with the 
provisions of the WTO Agreement if Balance-of-Payment measures were necessary, Seychelles would impose them in a manner co nsistent with the relevant 
WTO provisions, including Article XII and Article XVIII of the GATT 1994 and the Understanding on Balance-of-Payments provisions of the GATT 1994.  The Working Party took note of this commitment.] 
  
Customs valuation [The representative of Seychelles confirmed that, from 
the date of accession, its customs valuation laws, regulations and practices, including those to prevent under-valuation of goods, will be in conformity with the WTO Agreement, including Article I of the GATT 1994, the WTO Agreement on Implementation of Article VII of GATT 1994 and Annex I (Interpretative Notes). Accordingly, within one year  from the date of accession 
to the WTO, Seychelles would:  
- not use any form of minimum value, such as 
reference prices or fi xed valuation schedules 
for customs valuation of goods.  - ensure that in the event that its customs service could not determine the proper customs value or disputed the transaction value offered, it would release the goods subject to the posting of a bond or other security for the maximum amount of the customs duties that could be owed, as 
provided for in the Agreement.  
- in determining the value of imports, would apply the provisions of paragraph 2 of Decision No. 4.1 of the Committee "On Valuation of Carrier Media Bearing Software for Data Processing Eq uipment" (providing 
that valuation of software was based on the value of the media) and Decision No. 3.1 "On the Treatment of Interest Charges in Customs Value of Imported Goods".   
The Working Party took note  of these commitments.] 
  
Rules of origin [The representative of Seychelles confirmed that 
certificates of origin would be required for preferential 
purposes only, and woul d be necessary for MFN 
treatment.  He further confirmed that, from the date of accession, Seychelles' preferential and non-preferential rules of origin would fully comply with the WTO Agreement on Rules of Origin, including the requirements of Article 2(h) and Annex II, paragraph 3(d) of the Agreement, whic h required provision of an 
assessment of the origin of the import, upon request of 
an exporter, importer or an y person with a justifiable 
cause.  He also confirmed that an assessment shall be issued as soon as possible, but no later than 150 days after the request for such an  assessment, provided that 
all necessary elements ha d been submitted and any 
such assessment would remain  valid for three years.  
The Working Party took note  of these commitments.] WT/ACC/SYC/30 
 
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  SECTIONS OF THE ELEMENTS OF A DRAFT 
WORKING PARTY REPORT DRAFT SPECIFIC COMMITMENT 
  
Other customs formalities - 
  
Preshipment inspection - 
  
Anti-dumping, countervailing duties, safeguard 
regimes - 
  
Customs tariffs - 
  
Export restrictions [The representative of Seychelles confirmed that, from 
the date of accession, Seychelles would apply its laws and regulations governing ex port measures, including 
prohibitions, export licensing requirements and other export control requirements , in conformity with WTO 
provisions including those contained in Articles XI, XVII, XX and XXI of the GATT 1994.  The Working Party took note of these commitments.]  
  
Export subsidies - 
  
Industrial policy, including subsidies [The representative of Seychelles confirmed that, 
within 1 year from the date of accession, Seychelles 
would not maintain subsidies which met the definition of a prohibited subsidy, within the meaning of Article 3 of the WTO Agreement on Subsidies and Countervailing Measures, and seeks a 1 year transition period to provide for the elimination of all such measures. Further, he confirmed that any subsidy programme in place or established after accession within the territory of Seychelles would be admini stered in conformity with 
the WTO Agreement on Subsidies and Countervailing Measures. In addition, Se ychelles would provide a 
subsidy notification to the Committee on Subsidies and Countervailing Measures in accordance with Article 25 of the Agreement upon entry into force of Seychelles Protocol of Accession. He also confirmed that Seychelles would not invoke any of the provisions of 
Articles 27, 28 and 29 of the WTO Agreement on Subsidies and Countervailin g Measures. The Working 
Party took note of these commitments.] 
  
Technical barriers to trade [The representative of Seychelles confirmed that 
Seychelles would apply [within … years from the date of accession, in line with the TBT Checklist and the Legislative Action Plan (documents: ….)] any laws, regulations or other meas ures governing technical 
barriers to trade, standards and certification  in full 
conformity with the provisions of the WTO TBT Agreement.  The Working Pa rty took note of this 
commitment.] 
  
Sanitary and Phytosanitary measures [The representative of Seychelles confirmed that 
Seychelles would apply [within … years from the date of accession, in line with the SPS Checklist and the 
Legislative Action Plan (documents: ….)] any laws, 
regulations or other measur es governing Sanitary and 
Phytosanitary measures in full conformity with the provisions of the WTO SPS Agreement.  The Working Party took note of this commitment.] 
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  SECTIONS OF THE ELEMENTS OF A DRAFT 
WORKING PARTY REPORT DRAFT SPECIFIC COMMITMENT 
Trade-related investment measures [The representative of Seyc helles confirmed that from 
the date of accession, Seychelles would apply its 
investment regime in compliance with the WTO 
Agreement, including 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 domestically produced goods. The Working Party took note  of this commitment.]   
  
State-trading entities - 
  
Free Zones, special economic areas [The representative of Seyc helles confirmed that from 
the date of accession any free zones or other special economic zones in Seychell es would be established, 
maintained and administered in conformity with the 
provisions of the WTO Agreement, including the WTO 
Agreement on Subsidies an d Countervailing Measures 
and the WTO Agreement on Trade-Related Investment Measures, and that Seychelles would apply the provisions of the WTO Agreement in all of its free zones or special economic zones. He further confirmed that 
the right of firms to register and operate in these zones would not be subject to export performance, trade balancing, or local content criteria requirements.  In addition, goods imported into the zones under provisions that exempt imports from customs duties and certain taxes which were th en released to the rest  
of the customs territory of Seychelles, woul d be subject 
to those duties and taxes and customs formalities when entering the rest of the cust oms territory of Seychelles.  
If those imported goods were reprocessed within the territory of the free zones or other special economic 
zones, the duties and taxes for those goods were to be 
paid when the final products would be entering the rest of the customs territory of  Seychelles.  The Working 
Party took note of these commitments.] 
  
Government procurement - 
  
Transit [The representative of Seychelles confirmed that, from 
the date of accession, Seyc helles would act in full 
conformity with, and would apply any laws, regulations 
or other measures governin g transit operations in 
compliance with the provisions of the WTO Agreement, in particular Article V of the GATT 1994.  The Working Party took note of these commitments.] 
  
Agricultural policies - 
  
Trade in civil aircraft [The representative of Seychelles confirmed that, 
within five years from the date  of accession, Seychelles 
would initiate negotiations to accede to the WTO Agreement on Trade in Civil Aircraft.  The Working Party took note of this commitment.] 
  
Textiles regime - 
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  SECTIONS OF THE ELEMENTS OF A DRAFT 
WORKING PARTY REPORT DRAFT SPECIFIC COMMITMENT 
TRIPS [The representative of Seychelles confirmed that, upon 
accession, any infringement of intellectual property 
rights would be addressed using existing enforcement 
provisions and remedies, which are consistent with the TRIPS Agreement.  The Workin g Party took note of this 
commitment.]   
[The representative of Seychelles confirmed that the 
draft legislations implementing Seychelles' intellectual property legislation cons istent with the TRIPS 
Agreement, which Seychelles had shared with the Working Party, would be adopted by the date of accession.  The Working Pa rty took note of this 
commitment.] 
  
Services [The representative of Seychelles confirmed that it 
would apply and interpret its legislation in conformity 
with its commitments on services contained in the Schedule of Specific Commitments on Services annexed to Seychelles' Protocol of Accession to the WTO. The Working Party took note of these commitments] 
  
Publication of information on trade [The representative of Seyc helles confirmed that from 
the date of accession all laws, regulations, decrees, judicial decisions and admini strative rulings of general 
application related to tr ade would be published 
promptly in a manner that  fulfils WTO requirements, 
including Article X of the GATT 1994.  As such, no law or regulation related to international trade would become effective prior to such  publication in the Official 
Gazette.  All regulations an d other normative acts or 
measures pertaining to or affecting trade in goods, services, or TRIPS would be published promptly in a single official source, and th at no such regulation or 
other normative act or measure would become effective or be enforced prio r to such publication.  He 
further confirmed that within two years of accession Seychelles would establis h a website updated on a 
regular basis and readily available to WTO Members, individuals and enterprises, dedicated to the 
publication of all regulations and other measures 
pertaining to or affecting trade in goods, services, and TRIPS prior to enactment, and that Seychelles would provide a reasonable period, i.e., no less than 30 days, for comment to the appropriat e authorities before such 
measures are implemente d, except for those 
regulations and other measures involving national emergency or security, or for which the publication would impede law enforcement.  The publication of such regulations and other measures would, where appropriate or possible, include the effective date of these measures and list the products and services affected by the particular  measure, identified by 
appropriate tariff line and cl assification.  The Working 
Party took note of these commitments.] 
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  SECTIONS OF THE ELEMENTS OF A DRAFT 
WORKING PARTY REPORT DRAFT SPECIFIC COMMITMENT 
Notifications [The representative of Seychelles confirmed that, 
unless otherwise provided for in this Report, Seychelles 
would submit all the initial notifications required by 
any Agreement constituting part of the WTO Agreement upon accession.  As new legislation implementing the provisions of WTO Agreements was enacted, revised notification s would be provided.  The 
Working Party took note of these commitments.]  
  
TRADE AGREEMENTS [The representative of Seychelles confirmed that his 
Government would observe th e relevant provisions of 
the WTO Agreement, including Article XXIV of the GATT 1994, the 1979 GATT Decision on Differential and More Favorable 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 applic able provisions of the WTO 
Agreements for notification, consultation, and other requirements concerning free trade areas, customs unions and other preferential trade arrangements, of which Seychelles 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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