WT/L/958  
 
30 July 2015  
(15-3922)  Page: 1/2  
General Council  
 
 CARIBCAN 
Decision of 28 July 20151 
 The General Council, 
 
 Having regard  to paragraphs 3 and 4 of Article IX of the Marrakesh Agreement Establishing 
the World Trade Organization (hereinafter "WTO Agreement"); 
 
 Conducting  the function of the Ministerial Confer ence in the interval between meetings 
pursuant to paragraph 2 of Article IV of the WTO Agreement;  
 Taking note  of the request of the Government of Cana da for a renewal of the waiver from its 
obligations under paragraph 1 of Article I of the General Agreement
2 for provision of unilateral 
duty-free treatment for imports of eligible produc ts originating in beneficiary Caribbean countries 
as provided for in Section 41 of the Customs Tariff, S.C., 1997 c. 36, in accordance with the 
CARIBCAN initiative (hereinafter referred to as "CARIBCAN"); such waiver having been initially 
granted by the CONTRACTING PARTIES of the GATT 1947 on 28 November 1986 for the period 
from 15 June 1986 until 31 December 1996, renewed by the General Council on 14 October 1996 
for a period from 1 January 1997 until 31 December 2006, on 15 December 2006 for a period from 1 January 2007 until 31 December 2011, and on 30 November 2011 for a period from 1 January 2012 until 31 December 2013; 
 
 Bearing in mind  the 1979 Decision on Differential and More Favourable Treatment, 
Reciprocity and Fuller Participation of Developing Countries; 
 
 Considering  that the objective of granting preferential tariff treatment under CARIBCAN is to 
enhance the Commonwealth Caribbean's existing tr ade and export earnings to promote economic 
development as well as new investment opportunities and encourage enhanced economic 
integration and co-operation within the region;   Considering  also that the duty-free treatment prov i d e d  u n d e r  C A R I B C A N  i s  d e s i g n e d  t o  
promote the expansion of trade and economic deve lopment of beneficiaries in a manner consistent 
with the objectives of the GATT 1994 and with th e trade, financial and development needs of the 
beneficiaries, and not to raise barriers or to create difficulties for the trade of other Members; 
 
 Considering , moreover, that the duty-free treatmen t provided under CARIBCAN should not 
prejudice the interests of other Members not benefitting from such treatment and that it is 
expected that the extension of such duty-free tr eatment will not cause a significant diversion of 
Canada's imports of products eligible for duty-free treatment under CARIBCAN originating in Members who are not beneficiaries;  
 Having regard  to the assurances that the Government of Canada does not envisage the 
introduction of any discriminatory non-tariff measure, in pursuance of CARIBCAN, which would adversely affect the trade of Members who are not beneficiary countries; 
 
                                               
1 Adopted in accordance with the Decision-Making Procedures under Articles IX and XII of the 
WTO Agreement agreed by the General Council (WT/L/93). 
2 G/C/W/710. WT/L/958 
 
- 2 - 
 
   Considering  that the duty-free treatment provided under CARIBCAN by the Government of 
Canada shall not constitute an impediment to the reduction or elimination of tariffs and other restrictions to trade on a most-favoured-nation basis;  
 Considering , furthermore, that the duty-free treatment provided under CARIBCAN by the 
Government of Canada shall not adversely affect the maintenance, operation and improvement of the General Preferential Tariff (GPT) of Canada; 
 
 Noting , furthermore, the assurances given by the Government of Canada that it will, upon 
request, promptly enter into consultations with any Members on matters falling under the provisions of the GATT 1994 and related to  the applications of this Decision; 
 
 Having regard  to the Guiding Principles to be followed in considering applications for waivers 
adopted on 1 November 1956, the Understanding in Respect of Waivers of Obligations under the 
General Agreement on Tariffs and Trade 1994, an d paragraphs 3 and 4 of Article IX of the 
WTO Agreement;  
 Decides , in view of the exceptional circumstances set out above, that: 
 1. Subject to the terms and conditions set out hereunder, the provisions of paragraph 1 of Article I of the GATT 1994 shall be waived until 31 December 2023, to the extent necessary to 
permit the Government of Canada to provide duty-free treatment to eligible imports of 
Commonwealth Caribbean countries benefiting from the provision of CARIBCAN, without being required to extend the same duty-free treatm ent to like products of any other Member. 
 
2. Such duty-free treatment shall be designed no t to raise barriers or create undue difficulties 
for the trade of other Members and provides no basis for establishing rights of access to the 
Canadian market on the basis of discriminatory non-tariff measures. 
 3. The Government of Canada will submit to the General Council an annual report on the implementation of the trade-related provisions of CARIBCAN with a view to facilitating the annual 
review provided for in paragraph 4 of Article IX of the WTO Agreement. The Government of 
Canada shall promptly notify Members of any changes in the legislation covered by this waiver and any trade-related measure taken under CARIBCAN, in particular any modifications in the status of 
eligible imports and the duty-free treatment th ereof, and shall furnish them with all the 
information they may deem appropriate relating to such action.  
4. The Government of Canada will, upon request, promptly enter into consultations with any 
interested Member with respect to any difficulty or matter that may arise as a result of implementation of the trade-related provisions of CARIBCAN; where a Member considers that any 
benefit accruing to it under the GATT 1994 may be or is being impaired unduly as a result of such 
implementation, such consultation shall examine the possibility of action for a satisfactory 
a d j u s t m e n t  o f  t h e  m a t t e r .  T h i s  D e c i s i o n  d o e s  n o t  a f f e c t  M e m b e r s '  r i g h t s  a s  s e t  f o r t h  i n  t h e  Understanding in Respect of Waivers of Obligations under the GATT 1994. 
 
 
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