WORLD TRADE  
ORGANIZATION  WT/BOP/N/75 
23 February 2010 
 (10-0980) 
Committee on Balance-of-Payments Restrictions Original:   Spanish 
  
 
NOTIFICATION UNDER PARAGRAPH 9 OF THE UNDERSTANDING  
ON THE BALANCE-OF-PAYMENTS PROVISIONS OF THE  
GENERAL AGREEMENT ON TARIFFS AND TRADE 1994 
 
Communication from Ecuador
 
 
  The following communication, dated 18 February 2010, is being circulated at the request of 
the delegation of Ecuador.  
_______________ 
  WT/BOP/N/75 
 Page 3 
 
 
   
OFFICIAL JOURNAL SUPPLEMENT 128 - THURSDAY 11 FEBRUARY 2010 
 
OFFICIAL JOURNAL  
 
Administration of Mr Rafael Correa Delgado 
 
Constitutional President of the Republic of Ecuador 
 
Thursday, 11 February 2010 - O.J. Supplement 128 
 
FOREIGN TRADE AND INVESTMENT COUNCIL (COMEXI): 
 
549 ... Establishment of a timetable for the phasing out of all surcharges introduced as 
balance-of-payments safeguards, to be applied in the percentages and on the dates set forth 
below to all subheadings that are subject to the measure. 
 
No. 549 
 
THE FOREIGN TRADE AND INVESTMENT COUNCIL (COMEXI) 
 
Whereas: 
 
 The Republic of Ecuador, being a member country of the Andean Community (CAN) in 
accordance with the provisions of the Cartagen a Agreement of 1969 and subsequent amending 
Protocols, and of the Latin American Integra tion Association (LAIA) in accordance with the 
provisions of the Treaty of Montevideo of 1980, and also a signatory party to other integration and 
trade agreements and treaties, must meet the ob ligations arising from the normative provisions of 
those agreements;   The Republic of Ecuador, being a member of the World Trade Organization (WTO) since 1996, must meet the obligations arising from th e normative provisions of that multilateral body; 
 
 Article 1(a) of  Resolution 70 of the LAIA Committee of Representatives provides for the 
application of the Regional Safeguards Regime to re store equilibrium in the balance of payments of 
LAIA member countries;  
 Article 11(j) of the Foreign Trade and Invest ment Law (LEXI), published in Official Journal 
No. 82 of 9 June 1997, authorizes COMEXI to apply temporary safeguard measures to correct 
anomalous situations concerning imports, in accord ance with the rules and procedures of the WTO; 
  The Republic of Ecuador, by virtue of COME XI Resolution 466, published in the supplement 
to Official Journal No. 512 of 22 January 20 09 and its subsequent amendments, adopted a 
balance-of-payments safeguard that is of genera l application, non-discriminatory towards imports 
from all countries, including those with which Ecua dor has existing trade agreements which recognize 
tariff preferences, and of a temporary nature;   By COMEXI Resolution 533, published in Offici al Journal No. 109 of 15 January 2010, all 
tariff surcharges introduced as balance-of-pay ments safeguards were reduced by 10 per cent; 
  At its plenary session of 3 February 2010, CO MEXI examined the report suggesting that a 
timetable be established for phasing out the balan ce-of-payments safeguard measure and that its 
implementation be monitored; WT/BOP/N/75 
Page 4  
 
   
 By virtue of the powers conferred by Article  11 of the Law on Foreign Trade and Investment, 
 
DECIDES:  
  Article 1.   To establish a timetable for the phasing out of all surcharges introduced as 
balance-of-payments safeguards, to be applied in th e percentages and on the dates set forth below to 
all subheadings that are subject to the measure as follows:   As from 23 March 2010, the percentage re duction shall be increased by an additional 
30 per cent over the figure established in Article 1 of COMEXI Resolution 533; 
  As from 23 May 2010, the percentage reduction indicated in (a) above shall be increased by 
an additional 30 per cent;  and  
 As from 23 July 2010, the percentage reduction indicated in (b) shall be increased by an 
additional 30 per cent.   The detailed timetable shall be implemented on the basis of monthly evaluations of the 
performance of the balance of payments which the COMEXI ad hoc group shall submit to the plenary 
session of the Council. 
 
 Article 2.   The Ministry of Foreign Relations, Trade and Integration shall notify the 
competent international bodies accordingly.   Article 3.   In applying the reduction in tariff surcharges established in Article 1 above, 
consideration shall be given to the date of ship ment of the imports subject to this measure. 
  Article 34.   Laws of equal or lesser status that are contrary to this Resolution shall be 
considered null and void.   This Resolution was adopted by the Foreign Trade and Investment Council (COMEXI) in 
plenary session on 3 February 2010, and shall enter into  force as from the date of its publication in the 
Official Journal.  (s) Nathalie Cely, Chairperson (s) Rubén Morán Castro, Secretary 
 
__________