WT/GC/W/862  
 
26 January  2023 
(23-0641) Page: 1/5 
General Council    
 
WAIVERS – 2022 
NOTE BY THE SECRETARIAT1 
The attached table has been prepared for the information of delegations. It contains a list of waivers 
grante d by the General Council in 20 22, as well as waivers previously gr anted and still in force in 
2022. It should be noted that some of these waivers expired during the course of the year.  
 
_______________  
 
 
1 This document has been prepared under the Secretariat's own responsibility and is without prejudice to 
the positions of Members or to their rights and obligations under the WTO.   
  WT/GC/W/862  
 
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WAIVER  
  
DECISION  DATE of 
ADOPTION of 
DECISION   
GRANTED  
UNTIL   
REPORT in 
20222 
Granted in 20 22 
Ministerial Decision on the TRIPS Agreement3 WT/MIN(22)/30  
WT/L/1141  17 June 2022  5 years from the 
date of this 
Decision  - 
Introduction of Harmonized System 2002 Changes into WTO Schedules of 
Tariff Concessions4 WT/L/1 160 20 December  2022 31 December 202 3 - 
Introduction of Harmonized System 2007 Changes into WTO Schedules of 
Tariff Concessions5 WT/L/1 161 20 December  2022 31 December 2023  - 
Introduction of Harmonized System 2012 Changes into WTO Schedules of 
Tariff Concessions6 WT/L/1 162 20 December  2022 31 December 2023  - 
Introd uction of Harmonized System 2017  Changes into WTO Schedules of 
Tariff Concessions7 WT/L/1 163 20 December  2022 31 December 2023  - 
Introd uction of Harmonized System 2022  Changes into WTO Schedules of 
Tariff Concessions8 WT/L/1 164, 
WT/L/1164/Add.1  20 December  2022 31 December 2023  - 
  
 
2 Applicable if so stipulated in the corresponding waiver Decision.  
3 Adopted  by Ministers at the Twelfth WTO Ministerial Conference on 17 June 2022.  
4 The Member which has requested to be covered under this waiver is: China.  
5 The Members which have reques ted to be covered under this waiver are: Argentina; Brazil; China;  Dominican Republic ; European Union; and, Malaysia.  
6 The Members which have requested to be covered under this waiver are:  Argentina; Australia; Br azil; China; Colombia; Costa Rica;  Dominic an Republic; Ecuador; European 
Union; Guatemala; India; Kazakhstan; Republic of  Korea ; Malaysia; Mexico ; Philippines; Russian Federation ; Singapore; Switzerland; Thailand; and,  United States.  
7 The Members which have requested to be covered under this waiv er are:  Argentina; Australia; Brazil; Canada; China; Colombia ; Costa Rica; Dominican Republic;  Ecuador; 
El Salvador; Europ ean Union; Guatemala; Hong K ong, China; India; Kazakhstan; Republic of  Korea ; Macao, China; Montenegro;  New Zealand; Norway; Pakistan; Paraguay; 
Philippines; Russian Federation; Switzerland; Separate Customs Territory of Taiwan, Pe nghu, Kinmen and Matsu; Thailand; United States; and,  Uruguay.  
8 The Members which have requested to be covered under this waiver  are: Australia ; Canada ; China ; Colombia ; Costa Rica ; Dominican Republic ; Ecuador ; El Salvador ; 
European Union; Guatemala; Hong Kong, China; India; Korea, Republic of; Macao, China; Norway; Paraguay; Philippines; Russian Federation; Switzerland; Separate C ustoms 
Territory of Taiwan, Penghu, Kinmen and Matsu; Thailand; and, United States.   
  WT/GC/W/862  
 
- 3 -  
WAIVER  
  
DECISION  DATE of 
ADOPTION of 
DECISION   
GRANTED  
UNTIL   
REPORT in 
20229 
Previ ously granted – in force in 20 22 
Introduction of Harmonized System 2002 Changes into WTO 
Schedules of Tariff Concessions10 WT/L/1 124 23 November 2021  31 December 2022  - 
Introduction of Harmonized System 2007 Changes into WTO 
Schedules of Tariff Concessions11 WT/L/1 125 23 November 2021  31 December 2022  - 
Introduction of Harmonized System 2012 Changes into WTO 
Schedules of Tariff Concessions12 WT/L/1 126 23 November 2021  31 December 2022  - 
Introd uction of Harmonized System 2017  Changes into WTO 
Schedules of Tariff Concessions13 WT/L/1 127 23 November 2021  31 December 2022  - 
Preferential Tariff Treatment for Least -Developed Countries  WT/L/ 1069 16 October  2019 30 June 2029  - 
United States – Caribbean Basin Economic Recovery A ct WT/L/1070  16 October 2019  30 September 2025  WT/L/ 1154 
Kimberly Process Certification Scheme for Rough Diamonds14  WT/L/1039  26 July 2018  31 December 2024  - 
United States – Former Trust Territory of the Pacific Islands  WT/L/1000  7 December 2016  31 December 2026  WT/L/ 1155 
United States – Trade Preferences granted to Nepal  WT/L/1001  7 December 2016  31 December 2025  WT/L/ 1156 
 
9 Applicable if so stipulated in the corresponding waiver Decision.  
10 The Member which has requested to be covered under this waiver is: China.  
11 The Members which have req uested to be covered under this waiver are: Argentina; Brazil; China;  Dominican Republic ; European Union; Malaysia; Philippines; and, Thailand . 
12 The Members which have requested to be covered under this waiver are:  Argentina; Australia; Br azil; China; Colombia; Costa Rica;  Dominican Republic; Ecuador; European 
Union; Guatemala; India; Kazakhstan; Republic of  Korea ; Malaysia; Mexico; New Zealand; Philippines; Russian Federation ; Singapore; Switzerland; Thailand; and,  United States.  
13 The Members which have requested to be covered under this waiver are:  Argentina; Australia; Brazil; Canada; China; Colombia ; Costa Rica; Dominican Republic;  Ecuador; 
El Salvador; Europ ean Union; Guatemala; Hong K ong, China; India; Israel; Kazakhstan; Republic of  Korea ; Macao, China; Montenegro;  New Zealand; Norway; Pakistan; Paraguay; 
Philippines; Russian Federation; Switzerlan d; Separate Customs Territory of Taiwan, Pe nghu, Kinmen and Matsu; Thailand; United States; and,  Uruguay.  
14 Annex: Australia; Botswana ; Brazil; Cambodia; Canada; European Union; Guyana; India; Japan; Kazakhstan; Republic of Korea; Malaysia; Mauritius; Mont enegro; Namibia; 
Norway; Panama; Russian Federation; Sierra Leone; Singapore; South Afri ca; Sri Lanka; Switzerland; Thailand; Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu; 
Turkey; Ukraine; and , United States.   
  WT/GC/W/862  
 
- 4 -  
WAIVER  
  
DECISION  DATE of 
ADOPTION of 
DECISION   
GRANTED  
UNTIL   
REPORT in 
20229 
Previ ously granted – in force in 20 22 
European Union – Application of Autonomous Preferential Treatment 
to the Western Balkans  WT/L/1114  28 July 2021  31 December  2026 WT/L/1147  
Cuba – Article XV:6  WT/L/1128  23 November 2021  31 December 2026  WT/L/1157  
Implementation of Preferential Treatment in favour of Services and 
Service Suppliers of LDCs and Increasing LDC Participation in Services 
Trade15 WT/L/982  
WT/MIN(15)/48  19 December 2015  31 December 203016 - 
United States – African Growth and Opportunity A ct WT/L/970  30 November 2015  30 September 2025  WT/L/ 1153 
Least -Developed Country Members – Obligations under Article 70.8 
and Article 70.9 of the TRIPS Agreement with respect to 
Pharmaceutical Products  WT/L/971  30 November 2015  1 January  2033 - 
Canada - CARIBCAN  WT/L/958  28 July 2015  31 December  2023 WT/L/1 146 
Operationalization of the Waiver concerning Preferential Treatment to 
Services and Service Suppliers of Least -Developed Countries17 WT/MIN(13)/43  
WT/L/918  7 December 2013  - - 
Preferential Treatment to Services  and Service Suppliers of 
Least -developed countries18 WT/L/847  17 December 2011  15 years from the 
date of its 
adoption19 - 
 
15 This Ministerial Decision w as adopted in furtherance of the waiver on Preferential Treatment to Services a nd Service Suppliers of Least -Developed Countries  adopted in 2011 
(WT/L/847) and of the subsequent Decision on the Operationalization of the Waiver concerning Preferential Treat ment to Services and Service Suppliers of Least -developed countries 
adopted in 2013 (WT/MIN(13)/43 - WT/L/918)  – see also below.  
16 At the Nairobi Ministerial Conference, Ministers decided to extend the  2011 waiver on Preferential Treatment to Services a nd Service Suppliers of Least -Developed Countries  
(WT/L/847 ). See also below.  
17 This Ministerial Decision was adopted in furtherance of the waiver on Preferential Treatment to Services a nd Service Suppliers of Least -Developed Countries  adopted in 2011 
(WT/L/8 47). It does not represent a new waiver. See also page 5  and the decision in WT/L/847, below . 
18 Two decisions were subsequently adopted by the Ministerial Conference in furtherance of this waiver: in 2013 (WT/MIN(13)/43 – WT/L/918) and in 2015 (WT/MIN(15)/48 
– WT/L/982). See also above and the decision in WT/MIN(13)/43 – WT/L/918.  
19 At the Nairobi M inisterial Conference, Ministers decided to extend the waiver until 31 December 2030  (WT/MIN(15)/48 – WT/L/982) – see also above.   
  WT/GC/W/862  
 
- 5 -  
WAIVER  
  
DECISION  DATE of 
ADOPTION of 
DECISION   
GRANTED  
UNTIL   
REPORT in 
20229 
Previ ously granted – in force in 20 22 
Implementation of Para. 6 of the Doha Declaration on the TRIPS 
Agreement and Public Health20 WT/L/540 and 
WT/L/540/ Corr.1  30 August 2003  See WT/L/540 and 
WT/L/540/ Corr.1  IP/C/94  
 
 
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20 Pursuant to the General Council Decision of 30 August 2003 (WT/L/540 and Corr.1), a Protocol Amending the TRIPS Agreement wa s adop ted by the General Council on 
6 December 2005 (WT/L/641) and submitted to Members for acceptance. In accordance with Article X:3 of the WTO Agreement, the Pr otocol e ntered into force on 23  January  2017. 
Since then, the amended TRIPS Agreement applies  to those Members who have accepted it. For each other Member, the Protocol will take effect upon acceptance by it. In the 
meantime, the 2003 Decision continues to apply to those Members. For the purposes of the 2003 Decision, the Annual Review of the Spec ial Compulsory Licensing System is deemed 
to fulfil the review requirements of Article IX:4 of the WTO Agreement.