. /.   WORLD TRADE  
ORGANIZATION  WT/L/768 
31 July 2009 
 (09-3721) 
  
  
 
CAPE VERDE – IMPLEMENTATION OF THE SCHEDULE OF CONCESSIONS 
 
Decision of 28 July 2009
∗ 
  
 The General Council,    Having regard to  paragraphs 1, 3 and 4 of Article  IX of the Marrakech Agreement 
Establishing the World Trade Organization (the "W TO Agreement"), the Guiding Principles to be 
followed in considering application for waivers adopted on 1 November 1956 (BISD 5S/25) and the 
Understanding in Respect to Waivers of Obliga tions under the General Agreement on Tariffs and 
Trade 1994 (the "Understanding");   Conducting  the function of the Ministerial Conference in the interval between meetings 
pursuant to paragraph 2 of Article IV of the WTO Agreement; 
  Recalling that under the Protocol of Accession of Cape Verde to the WTO Agreement, 
the concessions and commitments listed in Schedule CLXI annexed to the GATT 1994 and relating to 
Cape Verde shall be implemented in stages as specified in Part I of that Schedule;  
 
 Taking note  of the request
1 of Cape Verde for a waiver with respect to the date of the first 
stage of implementation of concessions and commitm ents listed in Schedule CLXI, which would have 
been due on 1 January 2009;     Noting that Cape Verde's priorities relating to macroeconomic stability, among others, which 
aim to counter the financial crisis and its conse quences for the country's economy, did not allow the 
first stage of implementation to be carried  out on 1 January 2009, as intended;   
  Decides , in view of these exceptional circumstances, as follows:  
 1. The obligation concerning the first stage of implementation of concessions and commitments 
listed in Schedule CLXI, foreseen to go into effect on 1 January 2009
2, is waived for Cape Verde until 
1 January 2010.  
2. Cape Verde shall implement the first stage of its concessions and commitments listed in 
Schedule CLXI on 1 January 2010 (instead of 1 January  2009), i.e. at the same time as it implements 
the second stage of its concessions and commitments. 
3. The dates for the subsequent stages of implementation of Cape Verde's concessions and 
commitments remain as specified in Schedule CLXI.  Further, this waiver does not affect the binding 
                                                      
∗ Secretariat note:   Adopted in accordance with  the Decision-Making Proced ures under Articles IX and 
XII of the WTO Agreement agreed by the Gene ral Council in November 1995 (WT/L/93). 
1 Document G/C/W/618. 
2 Document WT/ACC/CPV/30/Add.1 WT/L/768 
Page 2  
 
  of the customs duties on the dates specified in Schedule CLXI, i.e. 2013, 2016 and 2018, for any of 
the products in Schedule CLXI. 
4. In accordance with paragraph 3 of the Understa nding, any Member considering that a benefit 
accruing to it under GATT 1994 is being nullified or impaired as a result of: 
(a) the failure of Cape Verde to observe th e terms or conditions of this waiver, or 
 
(b) the application of a measure consistent w ith the terms and conditions of the waiver,  
 may invoke the provisions of Article XXIII of GATT 1994 as elaborated in, and applied under,  the 
Dispute Settlement Understanding. 
 
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