. /.   WORLD TRADE  
ORGANIZATION  G/C/W/613 
11 March 2009 
 
 (09-1214) 
Council for Trade in Goods  
  
 
UNITED STATES – ANDEAN TRADE PREFERENCE ACT   
 
Renewal of Waiver 
 
 
Draft Decision of ....20091 
 
  The General Council, 
  Conducting  the function of the Ministerial Conference in the interval between meetings 
pursuant to paragraph 2 of Article IV of the WTO Agreement;   
 
Having  regard to  paragraphs 1, 3 and 4 of Article  IX of the Marrakesh Agreement 
Establishing the World Trade Organization (the "W TO Agreement"), the Guiding Principles to be 
followed in considering applications for waiver s 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");   
 
Taking note  of the request of the United States, pursu ant to paragraph 3 of  Article IX of WTO 
Agreement, for a waiver of U.S. obligations under pa ragraph 1 of Article I a nd paragraphs 1 and 2 of 
Article XIII of the General Agreement on Tariffs and Trade 1994 (GATT 1994) through 31 December 
2007, to the extent necessary to permit the United States to provide duty-free treatment to eligible 
products originating in beneficiary Andean countri es (“beneficiary countries”) designated pursuant to 
the provisions of the Andean Trade Preference Act, as amended;  
Bearing in mind  that the CONTRACTING PARTIES of  the GATT 1947 previously granted 
the United States a waiver
2 of its obligations under Article I:1 of the GATT 1947 on 19 March 1992, 
for the period from 4 December 1991 until 4 December 2001, which was renewed3 in respect of 
GATT 1994 by the Members on 14 October 1996, to the extent necessary to pe rmit the United States 
to provide duty-free treatment to eligible products  originating in beneficiary countries designated 
pursuant to the provisions of the Andean Trade Preference Act (ATPA); 
 
Bearing in mind  further the 1979 Decision on Differen tial and More Favourable Treatment, 
Reciprocity and Fuller Participation of Developing Countries; 
 Considering  that the Andean Trade Promotion and Drug Eradication Act (ATPDEA) renews 
and expands the preferences the United States extended under the ATPA;  
Considering  further the exceptional situation of the beneficiary countries, and that the stated 
objective of the ATPA as amended is to assist th e trade and economic development of beneficiary 
                                                     
 
1 Adopted in accordance with th e Decision-Making Procedures under Article IX of the WTO 
Agreement agreed by the General Council in November 1995 (WT/L/93). 
2 BISD (39S/385). 
3 Document WT/L/184. G/C/W/613 
Page 2  
 
  countries situated in the Andean region by encouraging the expansion of legitimate products as an 
alternative to the production and trafficking of illicit  narcotics in response to more liberal access and 
to new trading opportunities for Andean countries; 
 
Considering  further that the preferential treatment provided under the ATPA as amended is 
designed to promote the expansion of trade and ec onomic development of beneficiary countries in a 
manner consistent with the objectives expressed in para graphs 1, 2, and 3 of the Preamble to the WTO 
Agreement;  
 
Considering  further that the preferential treatment  provided under the ATPA as amended will 
not alter benefits provided under the US Generali zed System of Preferences to other developing 
countries; 
 Considering , moreover, that the duty-free treatment provided under ATPA should not 
prejudice the interests of other Members not benefiting from such treatment,  
 
Considering that the tariff preferences provided under the ATPA by the United States shall 
not constitute an impediment to the reduction or elimin ation of tariffs and other restrictions to trade on 
a most-favoured-nation basis;  
Noting  the assurances given by the United States that it will promptly enter into consultations, 
on request, with any interested Member with respect  to any difficulty or matter that may arise as a 
result of the preferential treatment provided under the ATPA as amended; 
 
Decides,  in view of these exceptional circumstances, as follows: 
 
1. Subject to the terms and conditions set out here under, paragraph 1 of Article I and paragraphs 1 
and 2 of Article XIII shall be waived through 31 D ecember 2014, to the extent necessary to permit the 
United States to provide duty-free treatment to eligib le products originating in beneficiary countries 
designated pursuant to the provisi ons of the ATPA as amended.  
 
2. The United States shall submit to the Genera l Council an annual report on the implementation 
of the trade-related provisions of the ATPA as ame nded with a view to facilitating the annual review 
provided for in paragraph 4 of Ar ticle IX of the WTO Agreement.  The United States shall promptly 
notify the General Council of any trade-related measures taken under ATPA, in particular, any 
changes in the designation of beneficiary countries,  as well as any modification being considered in 
the list of eligible products and the duty-free treatme nt thereof, and shall furnish them with all the 
information they may deem appropriate relating to such action.  The United States shall consult with 
regard to any modification being consid ered in the list of eligible products. 
 3. Such duty-free treatment shall be designed to facilitate and promote the trade of beneficiary 
countries and not to raise barriers to or create undue difficulties for the trade of any other Members.  
4. The United States shall promptly enter into consultations, on request, with any interested 
Member with respect to any difficulty or matter that  may arise as a result of the preferential treatment 
provided under the ATPA as amended.  If a Member  considers that any be nefit 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 resolution of the matter.   
 
5. This Decision does not affect Members’ rights  as set forth in the Understanding in Respect of 
Waivers of Obligations under the GATT 1994. 
 
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