WT/GC/W/762  
 
7 February  2019 
(19-0732) Page: 1/5 
General Council    
 
WAIVERS – 20181 
NOTE BY THE SECRETAR IAT2 
The attached table has been prepared for the information of delegations. It contains a list of waivers 
grante d by the General Council in 2018 , as well as waivers previously gr anted and still in force in 
2018. It should be noted that some of these waivers expired during the course of the year.  
 
_______________  
 
                                                
1 A list of waivers grante d by the General Council and by the Ministerial Conference between 1995 and 
2015 is contained in WT/GC/W/ 718. 
2 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/762  
 
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WAIVER  
  
DECISION  DATE of 
ADOPTION of 
DECISION   
GRANTED  
UNTIL   
REPORT in 
20183 
Granted in 2018  
Kimberly Process Certification Scheme for Rough Diamonds - Extension of 
Waiver4  WT/L/1039  26 July 2018  31 December 2024  - 
Introduction of Harmonized System 2002 Changes into WTO Schedules of 
Tariff Concessions5 WT/L/ 1048 12 Dece mber 2018 31 December 2019  - 
Introduction of Harmonized System 2007 Changes into WTO Schedules of 
Tariff Concessions6 WT/L/ 1049 12 December 2018  31 December 2019  - 
Introduction of Harmonized System 2012 Changes into WTO Schedules of 
Tariff Concessions7 WT/L/ 1050 12 December 2018  31 December 2019  - 
Introd uction of Harmonized System 2017  Changes into WTO Schedules of 
Tariff Concessions8 WT/L/ 1051 12 December 2018  31 December 2019  - 
  
                                                
3 Applicable if so stipulated in the corresponding waiver Decision.  
4 Annex: Australia; Botswana ; Brazil; Cambodia; Canada; European Union; Guyana; India; Japan; Kazakhstan; Republic of Korea; Malaysia; Mauritius; Montenegro; 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.  
5 The Member which has  requested to be covered under this waiver is : China . 
6 The Members which have requested to be covered under this waiver are: Argentina; Brazil; China;  Dominican Republic ; European Union; Malaysia; Ph ilippines; and, Thailand . 
7 The Members which have requested to be covered under this waiver are:  Argentina; Australia; Br azil; Canada; China; Colombia; Costa Rica;  Dominican Republic; El Salvador; 
European Union; Guatemala; Hong Kong, China; India; Kazakh stan; Republic of  Korea ; Macao, China; Malaysia; Mexico; New Zealand; Norway; Philippines; Russian Federation ; 
Singapore; Switzerland; Thailand; Separate Customs Territory of Taiwan, Penghu, Kinme n and Matsu; and , United States.  
8 The Members which have re quested to be covered under this waiver are:  Argentina; Brazil; Canada; China; Colombia ; Costa Rica;  Dominican Republic;  El Salvador; Europ ean 
Union; Guatemala;  Honduras;  Hong K ong, China;  India; Israel; Kazakhstan;  Republic of  Korea ; Macao, China; Montene gro; New Zealand; Norway; Pakistan; Paraguay;  Philippines; 
Russian Federation; Switzerland; Thailand; Separate Customs Territory of Taiwan, Pe nghu, Kinmen and Matsu;  United States ; and , Uruguay.   
  WT/GC/W/762  
 
- 3 -  
WAIVER  
  
DECISION  DATE of 
ADOPTION of 
DECISION   
GRANTED  
UNTIL   
REPORT in 
20189 
Previ ously granted – in force in 2018  
Introduction of Harmonized System 2002 Changes into WTO Schedules of 
Tariff Concessions10 WT/L/1026  30 November 2017  31 December 2018  - 
Introduction of Harmonized System 2007 Changes into WTO Schedules of 
Tariff Concessions11 WT/L/1027  30 November 2017  31 December 2018  - 
Introduction of Harmonized System 2012 Changes into WTO Schedules of 
Tariff Concessions12 WT/L/1028  30 November 2017  31 December 2018  - 
Introd uction of Harmonized System 2017  Changes into WTO Schedules of 
Tariff Concessions13 WT/L/1029  30 November 2017  31 December 2018  - 
United States – Former Trust Territory of the Pacific Islands  WT/L/1000  7 December 2016  31 December 2026  WT/L/1046  
United States – Trade Preferences granted to Nepal  WT/L/1001  7 December 2016  31 December 2025  WT/L/1047  
European Union – Application of Autonomous Preferential Treatment to 
the Western Balkans  WT/L/1002  7 December 2016  31 December 2021  WT/L/1044  
Cuba – Article XV:6 – Extension of waiver  WT/L/1003  7 December 2016  31 December 2021  WT/L/1043  
 
  
                                                
9 Applicable if so stipulated in the corresponding waiver Decision.  
10 The Members which have requested to be covered under this waiver are: Argentina and China.  
11 The Members which have requested to be covered under this waiver are: Argentina; Brazil; China ; Dominican Republic ; European Union; Malaysia; Philippines; Switzerland; 
and, Thailand . 
12 The Members which have requested to be covered under this waiver are:  Argentina; Australia; Br azil; Canada; China; Colombia; Costa Rica;  Dominican Republic; El 
Salva dor; European Union; Guatemala; Honduras; Hong Kong, China; India; Israel ; Kazakhstan; Korea, Republic of; Macao, China; Malaysia; Mexico; New Zealand; Norway; 
Pakistan;  Philippines; Russian Federation ; Singapore; Switzerland; Separate Customs Territory of  Taiwan, Penghu, Kinmen and Matsu; Thailand; and, United States.  
13 The Members which have requested to be covered under this waiver are:  Argentina; Brazil; Canada; China; Colombia ; Costa Rica; Dominican Republic ( WT/L/1029/Add. 2); 
El Salvador; Europ ean Uni on; Guatemala; Honduras (WT/L/1029/Add.1); Hong K ong, China; India; Israel; Kazakhstan; Korea, Republic of;  Macao, China; Montenegro;  New Zealand; 
Norway; Pakistan; Paraguay; Russian Federation; Switzerland; Separate Customs Territory of Taiwan, Pe nghu, Ki nmen and Matsu; Thailand; United States ; and, Uruguay.   
  WT/GC/W/762  
 
- 4 -  
WAIVER  
  
DECISION  DATE of 
ADOPTION of 
DECISION   
GRANTED  
UNTIL   
REPORT in 
201814 
Previ ously granted – in force in 2018  
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/1045, 
WT/L/1045/Corr.1  
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/1036  
United States – Caribbean Basin Economic Recovery A ct WT/L/950  5 May 2015  31 December  2019 WT/L/1038,  
WT/L/1038/Corr.1  
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 - - 
Kimberly Process Certification Scheme for Rough Diamonds - Extension of 
Waiver18 WT/L/876  11 December 2012  31 December 2018  - 
 
 
 
 
 
 
                                                
14 Applicable if so stipulated in the corresponding waiver Decision.  
15 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/847) and of the subsequent Decision on the Operationalization of the Waiver concerning Preferential Treatment to Services and Service Suppliers of Least -developed countries 
adopted in 20 13 (WT/MIN(13)/43 - WT/L/918).  See also page 5, 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 page 5, 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/847). It does not represent a new waiver. See also page 5  and the decision in WT/L/847, below . 
18 Annex: Australia, Botswana, Brazil, Canada, Croatia, European Union, India, Israel, Japan, Korea, Mexico, New Zealand, Norway, Phili ppines, Russian Federation, Singapore, 
Chinese Taipei, Thailand, Turkey, United States, and B olivarian Republic of Venezuela.   
  WT/GC/W/762  
 
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WAIVER  
  
DECISION  DATE of 
ADOPTION of 
DECISION   
GRANTED  
UNTIL   
REPORT in 
201819 
Previ ously granted – in force in  2018  
Preferential Treatment to Services  and Service Suppliers of Least -
developed countries20 WT/L/847  17 December 2011  15 years from the 
date of its 
adoption21 - 
Preferential Tariff Treatment for Least -Developed Countries – Decision on 
Extension of waiver  WT/L/759  27 May 2009  30 June 2019  - 
Implementation of Para. 6 of the Doha Declaration on the TRIPS 
Agreement and Public Health22 WT/L/540 and 
WT/L/540/ Corr.1  30 August 2003  See WT/L/540 and 
WT/L/540/ Corr.1  - 
 
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19 Applicable if so stipulated in the corresponding waiver Decision.  
20 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 page 4 and the decision in WT/MIN(13)/43 – WT/L/918, above.  
21 At the Nairobi Ministerial Conference, Ministers decided to extend the waiver until 31 December 2030  (WT/MIN(15)/48 – WT/L/982) - see also page 4, above.  
22 Pursuant to the General Council Decision of 30 August 2003 (WT/L/540 and Corr.1), a Protocol Amending the TRIPS Agreement was adopted 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 Protocol 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 wi ll 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 Specia l Compulsory Licensing System is deemed 
to fulfil the review requirements of Article IX:4 of the WTO Agreement.