WORLD TRADE  
ORGANIZATION  WT/COMTD/62 
27 July 2007 
 
 (07-3213) 
Committee on Trade and Development Original:   English 
  
 
AMENDMENT TO THE FIRST AGREEMEN T ON TRADE NEGOTIATIONS AMONG 
DEVELOPING MEMBER COUNTRIES OF THE ECONOMIC AND SOCIAL  
COMMISSION FOR ASIA AND THE PACIFIC (BANGKOK AGREEMENT) 
 
 
ASIA-PACIFIC TRADE AGREEMENT
 
  
Preamble
 
  Recognizing  the urgent need to take action to impl ement a trade expansion programme among 
the developing member countries of the Economic and Social Commission for Asia and the Pacific (ESCAP) pursuant to the decisions contained in the Kabul Declaration of the Council of Ministers on Asian Economic Co-operation and within the frame work of the Asian Trade Expansion Programme 
which was adopted by the Intergovernmental Co mmittee on a Trade Expansion Programme created 
under the Kabul Declaration;   
 
 Guided  by the principles contained in the New Delhi Declaration adopted at the thirty-first 
session of the Economic and Social Commission for Asia and the Pacific;     Realizing  that the expansion of trade could act as a powerful stimulus to the development of 
their national economies, by expanding investment  and production opportunities through benefits to 
be gained from specialization and economies of scale, thus providing greater opportunities of 
employment and securing higher living st andards for their populations;   
  Mindful  of the importance of expanding access on favourable terms for their goods to each 
other's markets and of developing trade a rrangements which promote the rational and 
outward-oriented expansion of  production and trade;   
  Noting that the international community has fully recognized the importance of encouraging 
the establishment of preferences among developing  countries at the international, regional and 
subregional levels, particularly through the resolutio ns of the General Assembly of the United Nations 
establishing the International Development Stra tegy for the Second United Nations Development 
Decade and the Declaration on the Establishment of  a New International Economic Order and the 
Programme of Action for the Establishment of a Ne w International Economic Order;  the Concerted 
Declaration on Trade Expansion, Economic Co-operation and Regi onal Integration among 
Developing Countries adopted at UNCTAD II;  as well as Part IV of th e General Agreement on 
Tariffs and Trade and  Article V of the General Agreement on Trade in Services and decisions made 
in pursuance thereof;     Noting  Further that developing countries have alread y taken some major decisions intended 
to promote such type of preferential arrangement s among themselves such as the Global System of 
Trade Preferences;  
 WT/COMTD/62 
Page 2  
 
   Convinced that the establishment of preferences among the developing member countries of 
ESCAP, complementary to other efforts undertaken in other international forums, could make an 
important contribution to the development of trade among developing countries;     The Governments of the People's Republic of Bangladesh, the People's Republic of China, the 
Republic of India, the Lao People's Democratic Re public, the Republic of Korea and the Democratic 
Socialist Republic of Sri Lanka HAVE AGREED as follows:   
CHAPTER I – GENERAL PROVISIONS 
 
Article 1 
 
Definitions
 
 
 For the purposes of this Agreement, the following definitions shall apply: 
 1. "Participating State" means a State which has consented to be bound by the Agreement by 
deposition of its instrument of accession or ratifi cation with the Executive Secretary of ESCAP. 
2. "Original Participating States" means the Pe ople's Republic of Bangladesh, the Republic of 
India, the Lao People's Democratic Republic, the Republic of Korea and the Democratic Socialist 
Republic of Sri Lanka. 
3. "Developing member countries of ESCAP" means those countries included in paragraphs 3 
and 4 of the terms of reference of the Economic and Social Commission for Asia and the Pacific, 
including any future amendments thereto. 
4. "Least developed country" means a country designated as such by the United Nations. 
5. "Products" means all products including ma nufactures and commodities in their raw, 
semi-processed and processed forms. 
6. "Like product" is a product which is identical  to the product under consideration or, in the 
absence of such a product, another product which, although not identical, has characteristics closely 
resembling those of the product under consideration. 
7. "Tariffs" means customs duties included in the national tariff schedules of the Participating 
States. 
8. "Border charges and fees" means border charges and fees, other than tariffs, on foreign trade 
transactions with a tariff-like effect which are levied  solely on imports, but are not indirect taxes and 
charges which are levied in the same manner on like domestic products.  Import charges corresponding to specific services rendered are not  considered border charges and fees.   
9. "Non-tariff measures" means any measures, regula tions or practices, other than tariffs and 
border charges and fees, the effect of which is to restrict imports or to significantly distort trade.  WT/COMTD/62 
 Page 3 
 
 
  10. "Margin of preference" means the percentage  difference between the Most-Favoured-Nation 
(MFN) rate of duty and the preferential rate of duty for the like product, and not the absolute 
difference between those rates.  Thus,  
Margin of preference = (MFN duty– ta riff rate conceded under the Agreement ) × 100 (per cent) 
MFN duty 
 
11. "Value of the concessions" means the extent of be nefits received by other Participating States 
from the tariff/non-tariff preferences given by each Pa rticipating State through its National List of 
Concessions agreed upon under this Agreement.  In the case of tariff preferences, the value of the 
concessions shall be deemed to be preserved if margins of preference are maintained.   
12. "Serious injury" means significant damage to domestic producers of like or similar products 
resulting from a substantial increase of preferential imports in situations which cause substantial 
losses in terms of earnings, production or employ ment unsustainable in the short term.  The 
examination of the impact on the domestic industry concerned shall also include an evaluation of 
other relevant economic factors and indices having a bearing on the state of the domestic industry of 
that product. 
13. "Threat of serious injury" means a situation in  which a substantial increase of preferential 
imports is of a nature to cause serious injury to domestic producers, and that such injury, although not 
yet existing, is clearly imminent.  A determination of  threat of serious injury shall be based on facts 
and not on mere allegations, conjecture, or remote or hypothetical possibility. 
Article 2 
 
Objectives  
  The objectives of this Agreement are to prom ote economic developmen t through a continuous 
process of trade expansion among the developing  member countries of ESCAP and to further 
international economic co-operation through the adopti on of mutually beneficial trade liberalization 
measures consistent with their respective presen t and future development and trade needs. 
 
Article  3 
 
Principles  
 
 The Agreement shall be governed in accord ance with the following general principles: 
 
(i) The Agreement shall be based on over all reciprocity and mutuality of 
advantages in such a way as to benefit equitably all Participating States;  
(ii) The principles of Transparency, National Treatment and 
Most-Favoured-Nation Treatment shall a pply  to the trade relations among 
the Participating States;  
(iii) The special needs of least developed country Participating States shall be 
clearly recognized and concrete preferen tial measures in their favour shall be 
agreed upon. 
 
 WT/COMTD/62 
Page 4  
 
  CHAPTER II – PROGRAMME OF TRADE LIBERALIZATION 
 
Article  4 
 
Negotiation of Concessions
 
 
 This Agreement may, inter-alia, consist of arra ngements relating to:  (a) tariffs;  (b) border 
charges and fees;  (c) non-tariff measures.  Partic ipating States may conduct their negotiations for 
tariff concessions in accordance with any one or  a combination of the following approaches and 
procedures:  (a) product-by-product basis;  (b) acro ss-the-board tariff reductions;  (c) sectoral basis.  
The tariff negotiations should be based on the current MFN rates applied by each Participating State.  
Participating States shall enter into periodic nego tiations with a view to further expanding this 
Agreement and the fuller attainment of its aims.  
Article  5 
 
Application of Concessions
 
  Each Participating State shall apply such tariff, border charge and fee, and non-tariff 
concessions in favour of the goods originating in all other Participating States as are set out in its 
National List of Concessions.  These National Lists of Concessions are attached as Annex I, which is 
an integral part of this Agreement. 
 
Article  6 
 
Non-Tariff Measures
 
 
 Each Participating State shall take appropria te measures, consistent  with its development 
needs and objectives, for the gradual relaxati on of non-tariff measures which may affect the 
importation of products covered by  its National List of Concessions.  Issues relating to technical 
barriers to trade and sanitary and phytosanitary me asures among Participating States shall be dealt 
with, as far as practicable, in accordance with th e WTO provisions on these subjects.  Participating 
States shall also make available to one another on a transparent basis a list of non-tariff measures 
existing on conceded products.    
Article 7 
 
Special Concessions to Least Developed Country Participating States
 
  Notwithstanding the provisions of article 5 of  this Agreement, any Participating State may 
grant to least developed country Participating States special concessions which shall apply to all least 
developed country Participating Stat es and shall not be extended to other Participating States.  These 
special concessions shall be included in the Nati onal List of Concessions of the preference-giving 
Participating State.   
 
Article 8 
 
Rules of Origin
 
 
 Products contained in the National Lists of C oncessions annexed to this Agreement shall be 
eligible for preferential treatment if they satisfy th e Rules of Origin set out in Annex II, which is an 
integral part of this Agreement.   WT/COMTD/62 
 Page 5 
 
 
  Article  9 
 
Preservation of the Value of the Concessions  
 
 Except as provided for elsewhere, in order to  secure preservation of the value of the 
concessions set out in the attached National Lists of Concessions, the Participating States shall not 
abrogate or reduce the value of these concessions afte r the entry into force of this Agreement through 
the application of any charge or measure restricti ng commerce other than those existing prior thereto, 
except where a charge corresponds to:  (a) an in ternal tax imposed on a similar domestic product;  
(b) an anti-dumping or countervailing duty;  or (c) fees commensurate with the cost of services 
rendered. 
 
Article 10 
 
Re-establishment of Margins of Preference  
 
 If, as a result of a tariff revision, a Participating State reduces or abrogates the value of the concessions granted to the other Participating States,  it shall within a reasonable period of time take 
mutually acceptable compensatory action to re-establis h margins of preference of equivalent value or 
enter into prompt consultations with the other Part icipating States as provided for in Chapter IV in 
order to negotiate a mutually satisfactory modifica tion of its National List of Concessions.  For the 
purposes of this article, a reasonable period of time means not exceeding six months from the date of 
issue of the notification of tariff revision.  A Participating State exceeding this period shall provide justification as to the reasons thereof.  
Article 11 
 
Coverage of the Agreement
 
  The Agreement shall cover all products includi ng manufactures and commodities in their raw, 
semi-processed and processed forms.  Participati ng States shall explore further areas of co-operation 
with regard to border and non-border measures to supplement and complement the liberalization of 
trade.  These may include, among others, the harmoniza tion of standards, mutual recognition of tests 
and certification of products, macroeconomic cons ultations, trade facilitation measures and trade in 
services.   
CHAPTER III – TRADE EXPANSION 
 
Article 12 
 
Trade Expansion and Diversification
 
 
 To ensure the consolidation, continued expans ion and further diversification of trade, the 
Participating States agree to keep in view th e objectives and provisions set out in the following 
subparagraphs and shall strive to  implement them expeditiously in  a manner consistent with their 
national policies and procedures:   
(a) To the fullest extent possible, Participa ting States shall grant to one another, in 
relation to imports originating in the territo ry of any one of them, a treatment no less 
favourable than that which prevailed prior to the entry into force of this Agreement;   WT/COMTD/62 
Page 6  
 
  (b) With respect to taxes, rates and other inte rnal duties and charges, products originating 
in the territory of a Participating State shall enjoy in the territory of every other Participating State a treatment no less favour able than that accorded by that other 
Participating State to similar products of domestic origin;   
(c) Participating States shall endeavour, in rela tion to each other, not to introduce or 
increase the incidence of tariffs, border charges and fees,  and non-tariff measures on 
products of current or potential export interest  to the other Participating States.  For 
purposes of determination of the products that fall within the purview of this 
paragraph, the Participating States shall submit, and the Standing Committee shall 
decide on, lists of products in this category from time to time;   
(d) Whenever considered necessary, Participa ting States shall take appropriate measures 
for co-operation, particularly in customs administration, to facilitate implementation 
of this Agreement and to simplify and st andardize procedures and formalities relating 
to reciprocal trade.  For this purpose th e Standing Committee shall take the required 
administrative action;   
(e) The Participating States shall, as far as practicable, follow the provisions of relevant 
WTO Agreements including the Agreement on the Implementation of Article VI of 
the GATT 1994 and the Agreement on Subs idies and Countervailing Duties, and 
ensure that the provisions of this Agreement are harmoniously applied;   
(f) Participating States shall adopt the lat est version of the Harmonized Commodity 
Description and Coding System of the World Customs Organization as a common 
tariff nomenclature and, as far as practi cable, conduct further negotiations on the 
basis of the six-digit level of the HS classification of goods;   
(g) Through further negotiations, Participati ng States shall take steps to expand the 
coverage and value of the c oncessions on products of export interest to one another.  
To this end, the Standing Committee shall adopt from time to time a programme of 
action to accelerate the process of negotia tions, including additional negotiating 
techniques and the possible establishment of specific targets for the negotiations.   
Article 13 
 
Extension of Advantage, Benefit, Franchise, Immunity or Privilege
 
 
 In matters of trade, any advantage, benefit,  franchise, immunity or privilege applied by a 
Participating State in respect of a product origina ting in or intended for consignment to any other 
Participating State or any other country shall be  immediately and unconditionally extended to the like 
product originating in or intended for consignment to the territories of the other Participating States.   
  WT/COMTD/62 
 Page 7 
 
 
  Article 14 
 
Non-Application of Preferences  
  The provisions of article 13 shall not apply in  relation to preferences granted by Participating 
States:  
 
(a) Through bilateral trade agreements, to other Participating States and to third 
countries;   
(b) Exclusively to other developing countries pr ior to the entry into force of this 
Agreement;   
(c) To least developed country Participating St ates under article 7 of this Agreement;   
(d) To other Participating States which may be classified by the Participating States as at 
a relatively less advanced stage of economic development, provided that such preferences are accorded without full reci procity from the relatively less advanced 
country.  The Standing Committee shall decide  from time to time which Participating 
States shall be considered to be in the category of countries at a relatively less 
advanced stage of economic development;   
(e) To any other Participating State(s) and/ or other developing member countries of 
ESCAP with which the Participating State engages in the formation of an economic 
integration grouping;   
(f) To any other Participating State(s) and/or  other developing countries with which the 
Participating State enters into an industria l co-operation agreement or joint venture in 
other productive sectors, within the purview of article 16.   
  Notwithstanding the above exceptions, each Par ticipating State shall take the necessary steps 
to reconcile, to the extent possible, the provisions of  agreements entered into with third countries with 
the provisions of this Agreement.    
Article 15 
 
Special Consideration for Least Developed Country Participating States
 
 
 Special consideration shall be given by Par ticipating States to requests from least developed 
country Participating States for technical assistance  and co-operation arrangements designed to assist 
them in expanding their trade with other Participa ting States and in taking advantage of the potential 
benefits of this Agreement.   
 
Article 16 
 
Extension of Special Tariff and Non-Tariff Preferences  
 
 The Participating States agree to consider extending special tariff and non-tariff preferences 
in favour of products included in industrial co- operation agreements and joint ventures in other 
productive sectors reached among some or all of th em, and/or with the participation of other 
developing member countries of ESCAP, which w ill apply exclusively in favour of the countries 
participating in the said agreements or ventures.   Provisions for such agreements or ventures shall be WT/COMTD/62 
Page 8  
 
  embodied in protocols, which shall enter into for ce for the Participating States concerned after the 
Standing Committee has declared their co mpatibility with this Agreement.   
  
CHAPTER IV – SAFEGUARD MEASURES AND CONSULTATIONS 
 
Article 17 
 
Suspension of Concessions  
 
(i) If, as a result of the implementation of this Agreement, imports of a particular product 
included in the National List of Concessions of a Participating State originating in the 
territory of another Participating State or other Participating States, are increasing in 
such a manner as to cause, or threaten to  cause, serious injury to domestic industry 
that produces like or directly competitive products in the importing Participating State, the importing Participating State may suspend, provisionally and without discrimination, concessions included in its National List of Concessions in respect of that particular product and shall simultaneously notify the Standing Committee and 
enter into consultations with the other Partic ipating State(s) concerned, with a view to 
reaching agreement to remedy the situa tion, keeping the Standing Committee duly 
informed of progress in these consultations.   
(ii) If agreement among the Participating States  concerned cannot be reached within 
90 days, the Standing Committee shall then  seek to obtain a mutually acceptable 
solution through:  (a) confirmation of the suspension;  or (b) modification of the 
concession;  or (c) its replacement by a concession of equivalent value.  If the 
Standing Committee cannot reach a satisfact ory solution within 90 days from that 
date, the Participating State(s) affected by the suspension shall then be free to 
temporarily suspend the application to the trade of the Participating State which has 
taken such action of substan tially equivalent concessions, subject to notification to 
and further negotiation for a mutually accep table solution by the Standing Committee, 
which shall adopt its final decision by at le ast a two-thirds majority vote within 90 
days following the date of recei pt of the latter notification. 
(iii) The preconditions and circumstances for th e legitimate application of safeguard 
measures shall, as far as possible, be the same as provided under the WTO Agreement 
on Safeguards. 
 
Article 18 
 
Balance of Payments Restrictions
 
 
(i) Notwithstanding the provisions of article 9 of this Agreement and without prejudice 
to existing international obligations, a Par ticipating State which finds it necessary to 
introduce restrictions on imports for the purpose of safeguarding its balance of 
payments may do so while endeavouring to safeguard the value of the concessions 
embodied in its National List of Concessions .  If, however, such restrictions are 
applied by a Participating State in respect of products included in its National List of 
Concessions, such restrictions shall apply provisionally and without discrimination, 
and notice thereof must immediately be give n to the Standing Committee with a view 
to negotiating a mutually satisfactory solu tion, in accordance with  the procedures set 
out in articles 19 and 20 of this Agreem ent.  Notwithstanding these consultation  WT/COMTD/62 
 Page 9 
 
 
  procedures, Participating States applying ba lance of payments restrictions with 
respect to products included in their Nati onal Lists of Concessions shall progressively 
relax such restrictions as their balance of payments situati on improves and shall 
eliminate such restrictions when conditi ons no longer justify their maintenance. 
(ii) The preconditions and circumstances for th e legitimate application of balance of 
payments safeguards shall, as far as practicable, be the same as provided under 
WTO's Understanding on Balance of Pa yments Provisions of the GATT 1994. 
Article 19  
 
Remedy of Trade Disadvantages  
 
 If, as a result of the implementation of this Agreement, significant and persistent 
disadvantages are created in respect of the trade be tween one Participating State and the others as a 
whole, those Participating States shall, at the re quest of the affected Participating State, accord 
sympathetic consideration to the representation or  request of the latter, and the Standing Committee 
shall afford adequate opportunity for consultati ons with a view to taking the necessary steps to 
remedy such disadvantages through the adoption of suitable measures, including additional 
concessions, designed to further expand multilateral trade.    
Article 20 
 
Non-Compliance
 
 
 If a Participating State should consider that a nother Participating State is not duly complying 
with any given provision under this Agreement, an d that such non-compliance adversely affects its 
own trade relations with that Participating State,  the former may make formal representation to the 
latter, which shall give due c onsideration to the representation made to it.  If no satisfactory 
adjustment is effected between th e Participating States concerned within 120 days following the date 
on which such representation was made, the matter ma y be referred to the Standing Committee, which 
may decide to make to any Participating State su ch recommendation as it considers appropriate.  If the 
Participating State concerned does not comply w ith the recommendation of the Standing Committee, 
the latter may authorize any Participating State to su spend, in relation to the non-complying State, the 
application of such obligations under this Agreement as the Standing Committee considers 
appropriate.    
Article 21 
 
Dispute Settlement
 
 
 Any dispute that may arise among Participa ting States regarding the interpretation and 
application of the provisions of this Agreement or any instrument adopted within its framework shall 
be amicably settled by an agreement between the pa rties concerned.  In the event of Participating 
States' failure to settle a dispute among themselve s, the dispute will be brought to the Standing 
Committee to resolve.  The Standing Committee sh all review the matter and make a recommendation 
thereon within 120 days from the date on whic h the dispute was submitted to it.  The Standing 
Committee shall adopt appropriate rules for this purpose.     WT/COMTD/62 
Page 10  
 
  CHAPTER V – THE STANDING COMMITTEE AND ADMINISTRATION  
OF THE AGREEMENT 
 
Article 22 
 
Standing Committee
 
 
 A Standing Committee, consisting of the re presentatives of the Participating States 
(hereinafter referred to as the "Committee"), shall meet at least once a year and be responsible for 
reviewing the application of this Agreement, carrying out consultations, making recommendations 
and taking decisions as required, and, in general,  undertaking whatever measures may be required to 
ensure the adequate implementation of the objec tives and provisions of this Agreement.   
 
Article 23 
 
Ministerial Council  
  The Participating States, for the purpose of supervising, coordinating and reviewing the 
implementation of this Agreement, establish a Council at minister level comprising of one minister from the relevant economic ministry of each Participating State.  The Council shall meet at least once every two years, or whenever it becomes necessary.  The Committe e shall provide support to the 
Ministerial Council for the discharge of its responsibilities.   
 
Article 24 
 
Decision-Making
 
 
 The practice of decision-making by consensu s will be the preferred practice of the 
Committee, and will be implemented whenever possi ble.  If the need arises, however, the Committee 
shall, by a two-thirds majority vote, adopt such rules of procedure as may be required for the performance of its functions, provided that at least two thirds of the Participating States are present to cast votes.  The Committee shall communicate with th ird countries and interna tional organizations in 
matters relating to the interpreta tion and operation of this Agreement, and may request the technical 
advice and the co-operation of national and international organizations.   
  
CHAPTER VI – REVIEW AND MODIFICATIONS  
 
Article 25 
 
Review of the Agreement
 
 
(i) At each session, the Committee shall review progress made in the implementation of 
this Agreement, taking into account the objectives and principles set out in articles 2 
and 3. 
(ii) At least once a year, the Committee shall make a critical review of reciprocal trade 
with a view to making the necessary corrections and improvements in the National Lists of Concessions to ensure that the benefits deriving from the application of this 
Agreement accrue to all Participating St ates in a mutually satisfactory manner, 
consistent with each country's contribution to the Programme of Trade Liberalization 
set out in Chapter II.  WT/COMTD/62 
 Page 11 
 
 
  (iii) Every three years the Committee shall undertak e a major review in order to determine 
means of advancing the aims of promo ting trade expansion among the developing 
member countries of ESCAP.   
 
Article 26 
 
Amendments to the Agreement  
 
 Except where provision for modification is made elsewhere in this Agreement all articles of this Agreement may be modified through amendmen ts to the Agreement.  Amendments to the 
provisions of Chapters II and III and of article 26 shall become effective upon acceptance by all 
Participating States.  For all other amendments, the Committee will make every effort to adopt a 
decision by consensus as to whet her the amendments in question shall become effective;  if a 
consensus decision is not reached, however, these amendments shall become effective upon 
acceptance by two thirds of the Participating States.   
 
Article 27 
 
Duration of Application of Concessions
 
  Except for the special circumstances listed unde r Chapter IV, the concessions contained in the 
National Lists of Concessions shall have a minimum duration of application of three years from the 
date of their entry into force.  If at the end of  that period they are modified or withdrawn, the 
Participating States concerned shall enter into cons ultations with a view to re-establishing a general 
level of the value of the concessions which shall be at least as favourable to their mutual trade as that 
existing prior to the modification or withdrawal.   
 
Article 28 
 
Replacement of Concessions
 
  In the case of concessions withdrawn or modifi ed in accordance with provisions set out under 
Chapter IV, the Participating State concerned sh all attempt to replace such concessions by other 
concessions of at least equivalent value.    
Article 29 
 
Promotion of Concessions and Participation
 
  The Committee shall continuously promote negotia tions for additions to the National Lists of 
Concessions and for increasing the number of Particip ating States and shall sponsor such negotiations 
at the time of the annual trade reviews provided for under article 25 or at any other time it may deem 
desirable.   
 
 WT/COMTD/62 
Page 12  
 
  CHAPTER VII – ACCESSION AND WITHDRAWAL 
 
Article 30 
 
Accession to the Agreement
 
 
(i) After its entry into force, this Agre ement shall be open for accession by any 
developing member country of ESCAP. 
(ii) Upon notification being received by the Committee through the Executive Secretary 
of ESCAP from any such country regarding its intention to accede to this Agreement, 
the Committee shall take the necessary steps to facilitate accession of the applicant 
country to this Agreement on terms consis tent with the latter's present and future 
development and trade needs as well as with the principle of mutual benefit. 
(iii) The applicant country shall offer concessions  in exchange for the existing concessions 
of Participating States and, unless otherwi se decided, shall not ask for additional 
concessions from Participating States through a request list or otherwise. 
(iv) After due negotiations, the applicant country may accede to the Agreement by 
consensus.  If consensus is not reached , however, the applicant country may accede 
to the Agreement if at least two thirds of the Participating States recommend its 
accession.  If any of the Participating Stat es objects to such accession, however, the 
provisions of the Agreement shall not appl y as between that country and the acceding 
country. 
(v) This Agreement shall come in to force for an eligible acceding State on the date of 
deposit of its corresponding instrument of accession, accompanied by the National List of Concessions and the related administrative notification, with the Executive Secretary of ESCAP. 
(vi) For the purposes of this article, a related administrative notification means a 
government notification, such as a customs notif ication, that gives practical effect to 
the acceding State's obligations under the Agreement. 
Article 31 
 
Notification of Accession, Ratification and Entry into Force
 
 
 The Executive Secretary of ESCAP shall notify the Participating States and other developing 
member countries of ESCAP of:  (a) accessions to a nd ratifications of this Agreement;  and (b) the 
date on which this Agreement enters into force for a new Participating State.   
 
Article 32 
 
Withdrawal from the Agreement  
  Any Participating State may withdraw from this Agreement, such withdrawal to take effect 
six months following the day on which written notice of the same is served to the Participating States 
through the Executive Secretary of ESCAP.  The right s and obligations of a Participating State which 
has withdrawn from this Agreement shall cease to a pply as of that date.  After that date, the 
Participating States and the withdrawing country shall jointly decide whether to withdraw in whole or 
in part the concessions received by the latter from the former and vice versa.    WT/COMTD/62 
 Page 13 
 
 
  CHAPTER VIII – MISCELLANEOUS AND FINAL PROVISIONS 
 
Article 33 
 
Amendments to National Lists of Concessions  
 
 Amendments to Annex I in pursuance of the provisions of article 29 shall consist of:  
 
(a) The reduction of tariffs, border charges a nd fees, and non-tariff measures on products 
already included in the National Lists of Concessions of the Participating States;   
(b) The reduction of tariffs, border charges a nd fees, and non-tariff measures on products 
not yet included in the National Lists of Concessions of the Participating States;   
(c) The reduction of tariffs, border charges a nd fees, and non-tariff measures on products 
included in the National Lists of Concessions of acceding States.   
Article 34 
 
Entry Into Force of National Lists of Concessions  
 
 Upon receipt by the Committee of the respective notification of intention by the Participating 
State concerned, any amendment to Annex I shall en ter into force 30 days after the date on which the 
Committee, by a two-thirds majority vote, h as declared the compatibility of such proposed 
amendment with the objectives of this Agreement.  The Governments of the Participating States bind 
themselves to undertake whatever internal administra tive measure as may be required to comply with 
this provision.  The National Lists of Concessions of acceding States shall enter into force 30 days 
after the dates on which the respective instrume nts of accession have been deposited with the 
Executive Secretary of ESCAP.   
 
Article 35 
 
Exceptions  
 
 Nothing in this Agreement shall prevent any Participating State from taking action and 
adopting measures which it considers necessary fo r the protection of its national security, the 
protection of public morality, the protection of hu man, animal and plant life and health, and the 
protection of articles of artistic, historical and archaeological value.    
Article 36 
 
Non-Application of the Agreement
 
 
 This Agreement shall not apply as between any Participating States if they have not entered 
into direct negotiations with each other and if either  of them, at the time of its signature, deposit of 
instrument of ratification or of accession, does not consent to such application.   
 
Article 37 
 
Reservations  
 
 Except for the provisions made under article 36, this Agreement may not be signed with 
reservations nor shall reservations be admitted at the time of ratification or accession.   WT/COMTD/62 
Page 14  
 
  Article 38 
 
Depositary
 
 
 The original of this Agreement, as well as any amendments to the Agreement, shall be 
deposited with the Executive Secretary of ESCAP, who shall transmit a certified copy thereof to each 
Participating State.  
Article 39 
 
Registration of the Agreement
 
 
 This Agreement shall be registered in accord ance with the provisions of Article 102 of the 
Charter of the United Nations.    
Article 40 
 
Name of the Agreement
 
 
 This Agreement, which was hitherto calle d the First Agreement on Trade Negotiations 
Among Developing Member Countries of the Econo mic and Social Commission for Asia and the 
Pacific, as also the Bangkok Agreement, shall hencefor th be called the Asia-Pacific Trade Agreement.   
  IN WITNESS WHEREOF, the undersigned, duly  authorized representatives of the original 
signatory States, have signed the present Agreement on behalf of their respective Governments.  Done 
at Beijing, this second day of November, two thousa nd and five, in one single copy in the English 
language.    WT/COMTD/62 
 Page 15 
 
 
  FOR THE PEOPLE'S REPUBLIC OF BANGLADESH:  
  
 
  
 
 
 
FOR THE PEOPLE'S REPUBLIC OF CHINA:   
 
  
 
  
 
FOR THE REPUBLIC OF INDIA:   
 
  
 
 
 
 FOR LAO PEOPLE'S DEMOCRATIC REPUBLIC:  
 
  
 
  
 
 FOR THE REPUBLIC OF KOREA:  
 
  
 
  
 
 
FOR THE SOCIALIST REPUBLIC OF SRI LANKA:  
  
 
  
 
 WT/COMTD/62 
Page 16  
 
  ANNEX I 
 
National Lists of Concessions
* 
  
1.  National List of Concessions:  Bangladesh 
 2.  National List of Concessions:  India 2-1.  List of Special Concessions by India to least developed countries  
3.  National List of Concessions:  Korea 
3-1.  List of Special Concessions by Korea to least developed countries  4.  National List of Concessions:  Sri Lanka 4-1.  List of Special Concessions by Sri Lanka to least developed countries 
 
5.  National List of Concessions:  China 5-1.  List of Special Concessions by China to least developed countries
   
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
------------------------------------- 
 
* The National Lists of Concessions have been submitted to the Secretariat (Development Division) for 
consultation by interested Members.  WT/COMTD/62 
 Page 17 
 
 
  ANNEX II 
 
Rules of Origin for the As ia-Pacific Trade Agreement  
 
 For determining the origin of products eligible for preferential concessions under the 
Asia-Pacific Trade Agreement in the light of Article  8 of the Agreement, the following Rules shall be 
applied:   
RULE 1 
 
Originating products
 
  Products covered by preferential trade within the framework of the Agreement imported into 
the territory of a Participating State from another Participating State which are consigned directly 
within the meaning of Rule 5 hereof, shall be eligib le for preferential concessions if they conform to 
the origin requirement under any one of the following conditions:  
 
(a) Products wholly produced or obtained in the exporting Participating State as defined 
in Rule 2;  or 
(b) Products not wholly produced or obtained  in the exporting Participating State, 
provided that the said products are eligible under Rule 3 or Rule 4. 
 
RULE 2 
 
Wholly produced or obtained
 
 
 Within the meaning of Rule 1(a) the followi ng shall be considered as wholly produced or 
obtained in the exporting Participating State:    
(a) raw or mineral products extracted from its soil, its water or its seabeds;
1 
(b) agricultural products harvested there;2 
(c) animals born and raised there;  
(d) products obtained from animals refe rred to in paragraph (c) above;  
(e) products obtained by hunting or fishing conducted there;  
(f) products of sea fishing and other marine products taken from the high seas by its 
vessels;3/4 
                                                      
1 Includes mineral fuels, lubricants and related materials as well as minerals or metal ores.   
2 Includes forestry products.   
3 "Vessels"- shall refer to fishing vesse ls engaged in commercial fishing, registered in a Participating State and 
operated by a citizen or citizens or governments of Participati ng States or partnership, corporation or association, duly 
registered in such Participating State, at least 60 per cent of  equity of which is owned by a citizen or citizens and/or 
government of such Participating State or  75 per cent by citizens and/or governments of the Participating States.  However, 
the products taken from vessels engage d in commercial fishing under bilate ral agreements which provide for 
chartering/leasing of such vessels and/or sharing of catch between Participating States, will also be eligible for preferential  
concessions.   
4 In respect of vessels or factory ships operated by govern ment agencies the requiremen t of flying the flag of a 
Participating State shall not apply.   WT/COMTD/62 
Page 18  
 
  (g) products processed and/ or made on board its factory ships
4/5 exclusively from 
products referred to in paragraph (f) above;   
(h) parts or raw materials recovered there from used articles which can no longer perform 
their original purpose nor are capable;   
(i) used articles collected there which can no l onger perform their original purpose there 
nor are capable of being restored or repaired and which are fit only for disposal or for 
the recovery of parts or raw materials;   
(j) waste and scrap resulting from manufact uring operations conducted there;   
(k) goods produced there exclusively from the prod ucts referred to in paragraph (a) to (j) 
above.   
 
RULE 3  
 
Not wholly produced or obtained  
 
(a) Within the meaning of Rule 1(b), products worked on or processed as a result of 
which the total value of the material s, parts or produce originating from 
non-Participating States or of undetermined origin used does not exceed  55 per cent of the f.o.b. value of the products produ ced or obtained and the final process of 
manufacture is performed within the territo ry of the exporting Participating State 
shall be eligible for preferential concessions , subject to the provisions of Rule 3(c), 
(d) and (e).   
(b) Sectoral agreements.
6   
(c) The formula for calculating the content of non-originating materials, and its 
requirement for obtaining the originating status referred to in Rule 3(a) is as follows:  
Value of imported non-originating        Value of undetermined origin 
materials, parts or produce         +    materials, parts or produce 
 ---------------------------------------------------------------- ---------------------- × 100 ≤  55% 
f.o.b. price 
 
(d) The value of the non-originating materials, parts or produce shall be:  
(i) the c.i.f. value at the time of importati on of materials, parts or produce where 
this can be proven;  or 
(ii) The earliest ascertainable price paid fo r the materials, parts or produce of 
undetermined origin in the territory of the Participating State where the working or processing takes place. 
                                                     
 
5 For the purpose of this Agreement, the term "factory ship " means any vessel, as defined, used for processing 
and/or making on board products exclusively from t hose products referred to in paragraph (f) above.  
6 In respect of products traded within the framework of  sectoral agreements negot iated under this Agreement, 
provision may need to be made for special criteria to apply.  Consideration may be given to these criteria as and when the 
sectoral agreements are negotiated.    WT/COMTD/62 
 Page 19 
 
 
  (e) Whether or not the requirements of Rule 1( b) are satisfied, the following operations 
or processes are considered to be insuffici ent to confer the status of originating 
products:  
(i) Operations to ensure the preservation of  products in good condition either for 
transportation or storage (ventilation, spreading out, drying, chilling, placing 
in salt, sulphur dioxide or other aqueou s solutions, removal of damaged parts, 
and like operations);  
(ii) Simple operations consisting of removal of  dust, sifting or screening, sorting, 
classifying, matching (including the making-up of sets of articles), washing, painting, cutting up;  
(iii) Changes of packaging and breaking up  and assembly of consignments;  
(iv) Simple slicing, cutting or repacking or placing in bottles, flasks, bags, boxes, 
fixing on cards or boards, etc. 
(v) The affixing of marks, labels or other like distinguishing signs on products or 
their packaging;  
(vi) Simple mixing;  
(vii) Simple assembly of parts of products to constitute a complete product;  
(viii) Slaughter of animals;   
(ix) Peeling, unflaking, grain removi ng and removal of bones;  and 
(x) A combination of two or more operations specified above.   
 
RULE 4  
 
Cumulative rules of origin
 
  Products which comply with origin requiremen ts provided for in Rule 1 and which are used 
by a Participating State as input for a finished pr oduct eligible for preferential treatment by another 
Participating State shall be considered as a product originating in the territory of the Participating 
State where working or processing of the finished product has taken place provided that the aggregate 
content originating in the territory of the Participa ting States is not less than 60 per cent of its f.o.b. 
value.
7 
 
                                                      
7 "Partial" cumulation as implied by Ru le 4 above means that only products wh ich have acquired originating status 
in the territory of one Participating State may be taken into account when used as inputs for a finished product eligible for 
preferential treatment in the territory of anot her Participating State s ubject to Rule 3(e).   WT/COMTD/62 
Page 20  
 
  RULE 5  
 
Direct consignment
 
  The following shall be considered as directly  consigned from the exporting Participating State 
to the importing Participating State:  
 
(a) if the products are transported without  passing through the territory of any 
non-Participating State: 
(b) the products whose transport involves tr ansit through one or more intermediate 
non-Participating States with or without transshipment or temporary storage in such 
countries, provided that:  
(i) the transit entry is justified for geogr aphical reason or by considerations 
related exclusively to transport requirements;  
(ii) the products have not entered into trade or consumption there;  and  
(iii) the products have not undergone any op eration there other than unloading 
and reloading or any operation required to keep them in good condition. 
 
RULE 6  
 
Treatment of packing
 
 
 When determining the origin of products, p acking should be considered as forming a whole 
with the product it contains.  However, packing may be  treated separately if the national legislation so 
requires.  
RULE 7  
 
Certificate of origin
 
  Products eligible for preferential concessions shall be supported by a Certificate of Origin
8 
issued by an authority designated by the government  of the exporting Participating State and notified 
to the other Participating States in accordance with th e attached sample Certificate of Origin and notes 
for the completion thereof.  
RULE 8  
 
Prohibition and co-operation
 
 
(a) Any Participating State may prohibit importation of products containing any inputs 
originating from States with which it does not have economic and commercial relations. 
(b) Participating States will do their best to co-ope rate in order to specify origin of inputs 
in the Certificate of Origin. 
 
                                                     
 
8 A standard Certificate of Origin to be used by a ll Participating States is Annexed and approved by the 
Participating States.    WT/COMTD/62 
 Page 21 
 
 
  RULE 9  
 
Review  
  These Rules may be reviewed as and when n ecessary upon request of one-third of the 
Participating States and may be open to such modifications as may be agreed upon. 
 
RULE 10  
 
Special criteria percentage
 
 
 Products originating in least developed Par ticipating States can be allowed a favorable 
10 percentage points applied to the percentages estab lished in Rules 3 and 4.  Thus, for Rule 3, the 
percentage would not exceed 65 per cent, and for Rule 4, the percentage would not be less than 
50 per cent.   WT/COMTD/62 
Page 22  
 
  SAMPLE CERTIFICATE OF ORIGIN 
 
Asia-Pacific Trade Agreement 
(Combined declaration and certificate) 
1.  Goods consigned from: 
 (Exporter's business na me, address, country) 
 
 
 Reference No. 
 
 
Issued in ……………. 
(Country) 
 
2.  Goods consigned to:  (Consignee's name, address, country) 
 
 3.  For Official use 
 4.  Means of transport and route: 
 
 
5.  Tariff item number:
 6.  Marks and number of 
Packages:  7.  Number 
and kind of 
packages/ 
description 
of goods: 
 
 
 8.  Origin 
criterion  
(see notes 
overleaf) 9.  Gross 
weight 
or other 
quantity: 10.  Number and 
date of invoices: 
11.  Declaration by the exporter:  
The undersigned hereby declar es that the above details 
and statements are correct : that all the goods were 
produced in 
 
………………………………. (Country) 
and that they comply with the origin requirements 
specified for these goods in  the Asia-Pacific Trade 
Agreement for goods exported to 
 
………………………………. 
(Importing Country) 
………………………………. 
Place and date, signature of authorized  
Signatory 12.  Certificate
 
 
It is hereby certified on the basis of control carried out, 
that the declaration by the exporter is correct. 
 
 
 ………………………………… 
Place and date, signature and Stamp of 
Certifying Authority 
  WT/COMTD/62 
 Page 23 
 
 
  Notes for completing Certificate of Origin  
 
 
I. GENERAL CONDITIONS: 
 To qualify for preference, products must:  
 
(a) fall within a description of products eligible for preference in the list of concessions 
of an Asia-Pacific Trade Agreement country of destination;   
(b) comply with Asia-Pacific Trade Agreement rules of origin.  Each article in a 
consignment must qualify separately in its own right;  and  
(c) comply with the consignment conditions specified by the Asia-Pacific Trade 
Agreement rules of origin.  In general, produc ts must be consigned directly within the 
meaning of Rule 5 hereof from the country of exportation to the country of destination. 
 II. ENTRIES TO BE MADE IN THE BOXES 
 Box 1:  Goods Consigned from   
 Type the name, address and country of the expor ter.  The name must be the same as the 
 exporter described in the invoice.    
 Box 2:  Goods Consigned to  
 Type the name, address and country of the im porter.  The name must be the same as the 
 importer described in the invoice.  For third party trade, the words "To Order" may be typed.    
 Box 3:  For Official Use   
 Reserved for use by certifying authority.    
 Box 4:  Means of Transport and Route  
 State in detail the means of transport and r oute for the products exported.  If the L/C terms 
 etc. do not require such details, type "By Air"  or "By Sea".  If the products are transported 
 through a third country this can be indicated as follows:   
  
 e.g. "By Air" 
 "Laos to India via Bangkok"   Box 5:  Tariff Item Number   
 Type the 4-digit HS heading of the individual items.    
 Box 6:  Marks and Numbers of Packages   
 Type the marks and numbers of the packages covered by the Certificate.  This information 
 should be identical to the marks and numbers on the packages.    
 Box 7:  Number and Kind of Packages;  Description of Goods   
 Type clearly the description of the products exported.  This should be identical to the 
 description of the products contained in the invoice.  An accurate description will help the 
 Customs Authority of the country of destination to clear the products quickly.    WT/COMTD/62 
Page 24  
 
   Box 8:  Origin Criterion   
 Preference products must be wholly produced or obtained in the exporting Participating State 
 in accordance with Rule 2 of the Asia-Pacific Trade Agreement Rules of Origin, or where not 
 wholly produced or obtained in the exportin g Participating State must be eligible under 
 Rule 3 or Rule 4.   
 
(a) Products wholly produced or obtained:  enter the letter "A" in Box 8.   
(b) Products not wholly produced or obtained:  the entry in Box 8 should be as follows:  
 
1. Enter letter "B" in Box 8, for products which meet the origin criteria 
 according to Rule 3.  Entry of letter "B" would be followed by the sum of the 
 value of materials, parts or produce originating from non-Participating States,  or undetermined origin used, expressed as a percentage of the f.o.b. value of  the products;  (example "B" 50 per cent);   
2. Enter letter "C" in Box 8 for products which meet the origin criteria 
 according to Rule 4.  Entry of letter "C" would be followed by the sum of the 
 aggregate content originating in the territory of the exporting Participating 
 State expressed as a percentage of the f.o.b. value of the exported product;  
 (example "C" 60 per cent);   
3. Enter letter "D" in Box 8 for products which meet the special origin criteria 
 according to Rule 10.   
 
 Box 9:  Gross Weight or Other Quantity  
 Type the gross weight or other quantity (suc h as pieces, kg) of the products covered by the 
 Certificate.     Box 10:  Number and Date of Invoices   
 State number and date of the invoice in questi on.  The date of the invoice attached to the 
 Application should not be later than the date of approval on the Certificate.    
 Box 11:  Declaration by the Exporter   
 The term "Exporter" refers to the shipper who can  either be a trader or a manufacturer.  Type 
 the name of the producing country and the importing country and the place and date when the 
 declaration is made.  This box must be signed by the Company's authorized signatory.    
 Box 12:  Certification   
 The certifying authority will certify in this Box. 
 
__________