WORLD TRADE  
ORGANIZATION  TN/MA/W/94 
2 November 2007 
 (07-4777) 
Negotiating Group on Market Access Original:   English/ 
 Spanish 
 
 
 
MARKET ACCESS FOR NON-AGRICULTURAL PRODUCTS 
 
Agreement on Eliminating Non-Tariff Barriers related to Non Trade Issues  
Communication from Cuba 
 
 The following communication, dated 1 November 2007, is being circulated at the request of the delegation of Cuba. 
 
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Introduction 
 
 
 Between 1997 and the end of 2001, 59 new unilateral measures, including many trade 
sanctions, were imposed by only one State1 and between 2002 and June 2006, 125 new unilateral 
sanctions, were imposed against 47 nations.2  
 
 Unilateral trade measures imposed against many  countries violate obligations under various 
international legal instruments.   They are adopted upon the judgement and unilateral decision of the country that imposed the 
measures due to various causes of different natu re, such as political, environmental, religious, 
domestic politics, migration and other excuses that obviously, in most of the cases are not commercial reasons.   Their effects on trade are considerable, as they limit or prohibit, inter alias, the imports and 
exports, bilateral or multilateral credits  and access to advanced technologies. 
 
 Little attention has been given in the WTO to such measures, despite th e fact that the number 
of affected Members is not insignificant and that th ey are contrary to the principles and provisions of 
the WTO Agreements and to the objectives e xpressed in the Marrakech Agreement.  
 
 In order to establish consistency between the commitments taken at the international level and 
the rules and commercial practices of all Members in  the WTO, the Republic of Cuba submits to the 
following proposal: 
 
                                                     
 
1 Carter Study, 2002. 
2 Study of New Unilateral Sanctions, 1997-2006 by Michael P. Malloy. TN/MA/W/94 
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  Proposal
 
 
Agreement on Eliminating Non-Tariff Barriers related to Non Trade Issues  
 
Members, 
 
 Recalling  the Marrakech Agreement desires  of contributing to WTO objectives by entering 
into reciprocal and mutually advantageous arrangeme nts directed to the substantial reduction of tariffs 
and other barriers to Cuba asks that this proposal th at we have presented today in this small group be 
circulated to the rest of the Members. trade and to the elimination of discriminatory treatment in 
international trade relations; 
  Also recalling that pursuant to paragraph 16 of the D oha Ministerial Declaration, Members 
agreed to negotiations aimed at reducing or as appr opriate eliminating tariffs and non-tariff barriers on 
non-agricultural products, in particular on produc ts of interests to developing countries; 
 
Considering  that the international community has firmly and widely rejected the imposition 
of laws and regulations and all other forms of coercive economic measures, including unilateral 
sanctions and has reiterated the urgent need to eliminate them immediately;  
 
Emphasizing  that such actions not only undermine the principle of Most Favoured Nation of 
the WTO Agreements and  the principles enshri ned in the charter of the United Nations and 
international law, but also severely threaten the freedom of trade and transit;  
  Stressing that the international community has rep eatedly called for urgent and effective 
measures to ensure that its members refrain from adopting and applying and to eliminate unilateral 
coercive economic measures;   Recognizing  that the WTO Agreement does not establish any distinction between WTO 
Members;  
 Underlining  that there are several provisions in the WTO Agreements which impede these 
types of measures;   Agree as follows:  
1.  Members shall refrain from adopting or implementing any unilateral economic or trade 
restrictive measures against any other member for re asons of non commercial natu re inconsistent with 
the WTO Agreements;    2.  Members shall ensure that any restrictiv e measures do not affect commercial interests and 
rights and obligations of third parties;  
 
3.  Urges all Members to remove any existing discriminatory unilateral commercial measures and to enhance market access opportunities for all Members, especially for developing countries;  
 4.  Members shall review regularly their non-tariff measures with a view to ensure that they do 
not constitute disguised restrictions on international trade,  
 5.  Members shall also refrain from to using Article XXI of GATT 1994 arbitrarily unless there 
is a common international understanding about the causes of any relevant issue;   TN/MA/W/94 
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  6.  Members are obliged to report in advance to  the General Council - to take into account its 
considerations - of their intentions to apply any unilateral coercive commercial measures;   
 7.  The General Council trough the Council on Trad e in Goods, shall review yearly Members’ 
progress in enhancing market access opportunities by eliminating non tariff barriers. 
  
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