WORLD TRADE  
ORGANIZATION  G/L/860 
29 October 2008 
 (08-5246) 
  
  
 
REPORT (2008) OF THE COMMITTEE ON 
TRADE-RELATED INVESTMENT MEASURES 
 
 
I. GENERAL 
1. This report is submitted pursuant to Article  7.3 of the Agreement on Trade-Related 
Investment Measures, which requires the Committee on Trade-Related Investment Measures to report annually to the Council for Trade in Goods.  The Report covers the period November 2007 – October 
2008.
1 
2. The Committee met on 23 October 2008 under the Chairmanship of Mr. Henry Liu (Chinese 
Taipei).  The minutes of this meeting may be fo und in document G/TRIMS/M/27.  The meeting was 
open to all Members, governments with obser ver status in the WTO and international 
intergovernmental organizations to which the Comm ittee has accorded regular  observer status (IMF, 
OECD, UN, UNCTAD and World Bank).  Decisions on requests for observer status made by several other international organizations are pending. 
II. NOTIFICATIONS 
3. Pursuant to Article 5.1 of the Agreement on Trade-Related Investment Measures, Members  
were required to notify any trade-related invest ment measure ("TRIM") inconsistent with the 
Agreement within 90 days after the entry into fo rce of the WTO Agreement.  Article 5.2 of the 
Agreement allows for  transition periods for the elimination of measures notified under Article 5.1 
and which were in existence at least 180 days preced ing the entry into force of the WTO Agreement.  
Pursuant to a decision adopted by the General Counc il in April 1995, governments eligible to become 
original WTO Members that accepted the WTO Agreement after 1 January 1995 had a period of 90 days after the date of their acceptance of the WT O Agreement to make the notifications foreseen in 
Article 5.1, with the period for the elimination of  TRIMs notified under Article 5.1 being governed by 
reference to the date of entry into  force of the WTO Agreement itself.
2 
4. Annex 1 to this report contains a list of a ll notifications of measures under Article 5.1.3  In the 
case of some Members, notifications have been s ubmitted later than the 90-day period foreseen.   
5. Some Members have notified to the Committee th at they do not apply any TRIM inconsistent 
with the Agreement.  Annex 2 to this report lists  all Members which have made such notifications.  
                                                      
1 The annual report for 2007 is contained in document G/L/837 of 9 November 2007.  
2 WT/L/64.  
3 Notifications under Article 5.1 circulated in 1995 have been derestricted since 28 May 1996.  
Pursuant to the General Council's Decision of 14 May 2002 (WT/L/452), documents containing notifications 
under Articles 5.1, 5.5 and 6.2 are issued unrestricted.  G/L/860 
Page 2  
 
  6. Article 6.2 provides for notification to the Secret ariat of publications in which information on 
TRIMs can be found.  Annex 3 lists the Members wh ich have submitted such notifications. During the 
period covered by this report, notifications we re made by the Dominican Republic, Senegal, and 
Ukraine.  The latest updated list of these notifications  has been circulated in G/TRIMS/N/2/Rev.17.   
III. SPECIAL AND DIFFERENTIAL TREATMENT PROPOSALS RELATED TO THE 
TRIMS AGREEMENT 
7. Pursuant to the Decision adopted by th e General Council on 1 August 2004 (WT/L/579) and 
paragraph 37 of the Hong Kong Ministerial D eclaration (WT/MIN(05)/DEC), the TRIMs Committee 
continued its consideration of the Category II S& D proposals which were referred to it by the 
Chairman of the General Council.  The proposals we re originally submitted by the African Group in 
document TN/CTD/W/3/Rev.2 and relate to Article 4 and Article 5.3 of the TRIMs Agreement.  In 
April 2007, Kenya on behalf of the African Group s ubmitted a revised version of the proposals, which 
deals more specifically with the concerns of the proponents.
4  In June and October 2007, the 
Chairman held informal discussions with interested  delegations on the revised proposals.  These were 
further discussed at the meeting of the Committee held on 1 November 2007 at which the 
representative of Kenya said that they were open to  listen to any new ideas concerning its proposals, 
particularly with respect to the drafting, and that  the African Group felt that it had gone as far as it 
could on this issue, unless there were other suggestions  by other Members.  No further revisions to the 
draft proposals have been received from the proponents since then.  
8. At the meeting of 23 Octobe r 2008, the Chairman said that he would be willing to continue 
his informal consultations on this issue should Members so wish and would report back to the 
Committee and the General Council at an appr opriate time on any further developments. 
9. In accordance with paragraph 37 of the Hong Kong Ministerial Declaration, the Chairman of 
the TRIMs Committee submitted an oral report (18 December 2007)5 to the General Council on the 
work undertaken by the Committee w ith respect to the S&D proposals. 
IV. OUTSTANDING IMPLEMENTATION ISSUES RELATED TO THE TRIMS 
AGREEMENT 
10. Pursuant to paragraph 39 of the Hong Kong Ministerial Declaration and at the request of the 
Director-General to assist him in his consulta tions on the outstanding im plementation issues under 
Paragraph 12(b) of the Doha Ministerial Declara tion, on 2 March 2006, the Deputy Director-General, 
Ms. Valentine Rugwabiza, held info rmal consultations with a number  of interested delegations to 
discuss the outstanding implementation issues relating to the TRIMs Agreement as contained in Tirets 
37 through 40 of document JOB(01)/152/Rev.1, an d in a related proposal submitted by Brazil and 
India under Tiret 40 (G/TRIMS/W/25) and supplemen ted by a communication circulated in document 
JOB(05)/149.  
11. In her report to the Director General, Ms. Rugwabiza indicated that significant differences of 
view remained both on the substance of these issues and on the way to address them and that, in her 
view, rather than continue consulta tions at a technical level, political input was needed to explore the 
possibilities for allowing greater flexibility in Member s' positions in respect of these issues.  There 
have been no discussions on this issue since then.   
                                                      
4 The latest revised version of the African Group's proposals was annexed to document 
G/TRIMS/M/26, and is reproduced in Annex 4 to this report.  
5 WT/GC/M/112, paragraph 142.  G/L/860 
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  V. TRANSITIONAL REVIEW MECHANISM PURSUANT TO PARAGRAPH 18 OF 
THE PROTOCOL OF ACCESSION OF THE PEOPLE'S REPUBLIC OF CHINA6 
12. Pursuant to paragraph 18 of China's Protocol of Accession, the TRIMs Committee carried out 
the seventh annual review of China's implem entation of its commitments under the TRIMs 
Agreement and related provisions of the Protocol of Accession.  Written questions concerning China's 
Transitional Review were received from the European Communities (G/TRIMS/W/60).  In a 
communication dated 8 October 2008, China subm itted information concerning Annex 1A of its 
Protocol of Accession.  This was circulated in  document G/TRIMS/W/59.  The review took place at 
the meeting of 23 October 2008.  The Report of th e Chairman of the Comm ittee on China's seventh 
Transitional Review was submitted to the Council fo r Trade in Goods in document G/L/859.  The 
discussions held by the Committee on this item are re flected in the relevant section of the minutes of 
the meeting (G/TRIMS/M/27). 
VI. ELECTION OF OFFICERS 
13. At its meeting of 23 October 2008, the Committee elected Mr. Henry Liu (Chinese Taipei) as 
its Chairman for the period 2008-2009. 
 
                                                      
6 WT/L/432.  G/L/860 
Page 4  
 
  ANNEX 1 
Members which have Submitted No tifications under Article 5.1
 
of the Agreement on Trade-Related Investment Measures  
  
Member
 Document Symbol  Date of Communication  
Argentina G/TRIMS/N/1/ARG/1 30 March 1995 Argentina G/TRIMS/N/1/ARG/1/Add.1 21 March 1997 Barbados G/TRIMS/N/1/BRB/1 31 March 1995 Bolivia
1  G/TRIMS/N/1/BOL/1 24 June 1998 
Chile2  G/TRIMS/N/1/CHL/1 14 December 1995 
Colombia G/TRIMS/N/1/COL/1 31 March 1995 
Colombia G/TRIMS/N/1/COL/1/Add.1 4 June 1995 Colombia
3 G/TRIMS/N/1/COL/2 31 July 1995 
Colombia G/TRIMS/N/1/COL/2/Corr.1 30 September 1996 
Costa Rica4 G/TRIMS/N/1/CRI/1 30 March 1995 
Cuba5  G/TRIMS/N/1/CUB/1 18 July 1995 
Cyprus6  G/TRIMS/N/1/CYP/2 30 October 1995 
Dominican Republic G/TRIMS/N/1/DOM/1 26 April 1995 Ecuador G/TRIMS/N/1/ECU/1 20 March 1996 
Egypt  G/TRIMS/N/1/EGY/1 29 September 1995 
India  G/TRIMS/N/1/IND/1 31 March 1995 India  G/TRIMS/N/1/IND/1/Add.1 22 December 1995 India  G/TRIMS/N/1/IND/1/Add.1/Corr.1 18 March 1996 
India  G/TRIMS/N/1/IND/1/Add.2 11 April 1996 
Indonesia G/TRIMS/N/1/IDN/1 23 May 1995 Indonesia G/TRIMS/N/1/IDN/1/Add.1 28 October 1996 
                                                     
 
1 Bolivia subsequently submitted a notification indicating that it does not apply any trade-related 
investment measures that are not in conformity  with the Agreement (G/TRIMS/N/1/BOL/1/Add.1). 
2 Chile subsequently submitted a notification indica ting that it has eliminated measures notified under 
Article 5.1 (G/TRIMS /N/1/CHL/1/Add.1). 
3 Colombia subsequently submitted a notification indicating that it had issued Decree No. 1473 of      
10 May 2004, whereby Decree No. 2439 of 1994 establis hing import control mechanisms for certain agricultural 
products had been repealed (G/TRIMS/N/1/COL/3).   
4 Costa Rica subsequently submitted a notification indicating that it intended to eliminate measures 
notified under Article 5.1 in advance of the expiry of the transition period (G /TRIMS/N/1/CRI/1/Add.1). 
5 Cuba subsequently informed the Committee that the measures notified by Cuba under Article 5.1 are 
no longer in force (G/TRIMS/M/3, paragraph 5).  
6 This notification superseded Cyprus' previous one  (G/TRIMS/N/1/CYP/1) of 29 June 1995; Cyprus 
subsequently submitted a notification indicating that it has eliminated measures notified under Article 5.1 
(G/TRIMS/N/1/CYP/2/Add.1).  G/L/860 
 Page 5 
 
 
  Member  Document Symbol  Date of Communication  
Malaysia G/TRIMS/N/1/MYS/1 31 March 1995 
Malaysia G/TRIMS/N/1/MYS/1/Rev.1 14 March 1996 
Mexico  G/TRIMS/N/1/MEX/1 31 March 1995 Mexico
7 G/TRIMS/N/1/MEX/1/Rev.18 31 March 1995 
Nigeria9 G/TRIMS/N/1/NGA/1 17 July 1996 
Pakistan G/TRIMS/N/1/PAK/1 30 March 1995 
Peru  G/TRIMS/N/1/PER/1 3 March 1995 Philippines G/TRIMS/N/1/PHL/1 31 March 1995 Poland
10 G/TRIMS/N/1/POL/1 28 September 1995 
Romania G/TRIMS/N/1/ROM/1 31 March 1995 
South Africa G/TRIMS/N/1/ZAF/1 19 April 1995 
Thailand G/TRIMS/N/1/THA/1 30  March 1995 Uganda  G/TRIMS/N/1/UGA/1 17 June 1997 Uruguay G/TRIMS/N/1/URY/1 31 March 1995 
Uruguay G/TRIMS/N/1/URY/1/Add.1 30 August 1995 
Venezuela G/TRIMS/N/1/VEN/1 31 March 1995 
                                                     
 
7 Mexico subsequently submitted a notification indicating that all provisions under the Automotive 
Decree had ceased to be operative as of 1 January 2004 (G/C/42). 
8 In English only.  
9 Nigeria subsequently submitted a notification indicating that the Nigerian Enterprises Promotion Act 
of 1989 has been repealed and replaced with the Nigerian Investment Promotion Commission Decree 1995 (G/TRIMS/N/1/NGA/1/Add.1). 
10 Poland subsequently submitted a notification in dicating that it has eliminated measures notified 
under Article 5.1 (G/TRIMS/N/1/POL/1/Add.1). G/L/860 
Page 6  
 
  ANNEX 2 
 
Notifications Indicating that No TRIMs Inconsistent with the Agreement
 
on Trade-Related Investment Measures are Maintained  
 
 
Member  Document Symbol  Date of Communication  
 
Bolivia  G/TRIMS/N/1/BOL/1/Add.1 4 March 1999 
Costa Rica   G/TRIMS/N/1/CRI/1/Add.11 16 September 1999 
Cyprus   G/TRIMS/N/1/CYP/2/Add.1 26 May 2000 El Salvador G/TRIMS/N/1/SLV/1 5 November 2003 
Haiti  G/TRIMS/N/1/HTI/1 27 February 1998 
Honduras G/TRIMS/N/1/HND/1 7 July 1995 Israel  G/TRIMS/N/1/ISR/1 24 October 1996 Jamaica  G/TRIMS/N/1/JAM/1 9 June 1998 
Jordan   G/TRIMS/N/1/JOR/1 22 May 2000 
Maldives  G/TRIMS/N/1/MLV/1 30 September 1999 Mali  G/TRIMS/N/1/MLI/1 27 May 1997 Mauritius G/TRIMS/N/1/MUS/1 27 March 1995 New Zealand G/TRIMS/N/1/NZL/1 20 May 1999 
Nicaragua G/TRIMS/N/1/NIC/1 18 July 1996 
Oman  G/TRIMS/N/1/OMN/1 20 December 2000 Saint Lucia G/TRIMS/N/1/LCA/1 14 February 1996 Saudi Arabia G/TRIMS/N/1/SAU/1 3 October 2006 
Singapore G/TRIMS/N/1/SGP/1 9 October 1996 
Slovenia G/TRIMS/N/1/SVN/1 27 March 1995 Sri Lanka  G/TRIMS/N/1/LKA/1 14 March 2000 Switzerland G/TRIMS/N/1/CHE/1 8 August 1995 Chinese  Taipei  G/TRIMS/N/1/TPKM/1 27 May 2002 
Trinidad & Tobago G/TRIMS/N/1/TTO/1 1 April 1996 
Zambia  G/TRIMS/N/1/ZMB/1 13 April 1995 
                                                     
 
1 A Corrigendum to the English version was issued in G/TRIMS/N/1/CRI/1/Add.1/Corr.1, dated 
26 October 1999.  G/L/860 
 Page 7 
 
 
  ANNEX 3 
 
Members which have Submitted No tifications under Article 6.2 of  
the Agreement on Trade-Related Investment Measures  
 
 
Albania Latvia Angola Liechtenstein Argentina Lithuania Armenia Macao, China 
Bahrain Madagascar 
Australia Maldives Brazil Mali Brunei Darussalam Malta Bolivia Mauritius 
Bulgaria Mexico 
Burundi Moldova Cameroon Mongolia Canada Namibia Chad New Zealand Chile Nicaragua 
China Nigeria 
Colombia Norway Costa Rica Panama Croatia Paraguay Cuba Peru 
Czech Republic Philippines 
Dominica Poland Dominican Republic Qatar Ecuador Romania El Salvador Senegal Estonia Singapore 
European Community (including the member States) Slovak Republic 
Fiji Islands, Rep. of the Slovenia Gabon South Africa Georgia Sri Lanka Ghana Suriname 
Haiti Switzerland 
Hong Kong, China Chinese Taipei Iceland Thailand India Trinidad and Tobago Indonesia Tunisia Israel Uganda 
Jamaica Ukraine 
Japan United States Jordan Uruguay Korea Venezuela, Bolivarian Rep. of Kuwait Zambia 
Kyrgyz Republic Zimbabwe 
   G/L/860 
Page 8  
 
  ANNEX 4 
 
April 2007 
 
S&D CATEGORY II PROPOSALS ON THE TRIMS AGREEMENT
 
 
Revised proposal received from the delegation of Kenya on behalf of the African Group  
  Proposal related to Article 4 of the TRIMs Agreement
 
 
Members shall interpret and apply Article 4 of th e TRIMs Agreement in acco rdance with the balance-
of-payments provisions referred to in Article 4 of the TRIMs Agreement, and in a manner that fully 
supports measures taken by developing and least -developed country Members to safeguard their 
external financial position, balance-of-payments an d sufficiency of reserves, taking full account of 
paragraph 1.1 of the Ministerial Decision on Implementation-Related Issues and Concerns.1  
 Members shall interpret and apply Article 4 of  the TRIMs Agreement in accordance with the 
provisions of Article XVIII of GA TT 1994 referred to in Article 4 of the TRIMs Agreement, and in a 
manner that fully supports measures taken by de veloping and least-developed country Members to 
promote the establishment of a particular industr y, taking full account of paragraph 1.1 of the 
Ministerial Decision on Implementati on-Related Issues and Concerns.
2   
 
• In considering requests to apply TRIMs unde r Article XVIII of the GATT 1994, Members 
shall take into account any difficulties encountered by least-developed and developing countries in meeting the notification and cons ultation requirements contained in Article 
XVIII, paragraphs 14 to 19, and the WTO Secr etariat shall accord them such technical 
assistance and support as they may need in order to prepare their notifications and to carry out 
those consultations.   
• In order to assist least-developed and other low-income developing  countries whose 
dependence on primary production is partic ularly high and whose overall level of 
industrialisation is particularly low to accel erate their industrialisation process and to 
diversify the structure of their economies in line with the objective recognized in Article 
XXXVI:5 of the GATT 1994 and its Ad Note, th e phrase “free to deviate temporarily from 
the provisions of Article 2” that is contained in Article 4 of the TRIMs Agreement shall be 
understood to refer, in the case of these countri es, to a reasonable period of time sufficient to 
establish the particular industry in  question on a competitive footing. 
 Proposal related to Article 5.3 of the TRIMs Agreement
 
 
Further to the Hong Kong Ministerial Decision in  favour of least-developed countries on Special 
and Differential Treatment relating to the Agre ement on Trade-Related Investment Measures3, 
other low-income developing countries that demonstrate difficulties in implementing the provisions 
of the TRIMs Agreement shall be provided with a new opportunity to notify TRIMs and to request 
transition periods to eliminate the measures.   
 
                                                      
1 Paragraph 1.1 of the Ministerial Decision on Implementation-Related Issues and Concerns, adopted 
on 14 November 2001, "reaffirms that Article XVIII of  the GATT 1994 is a special and differential treatment 
provision for developing countries and that recourse to it should be less onerous than to Article XII of the GATT 
1994". 
2 Ibid. 
3 WT/MIN(05)/DEC.  G/L/860 
 Page 9 
 
 
  With regard to requests made in this area by least-developed and other low-income developing 
country Members under Article IX of the WTO Agreement,  account shall be taken of their particular 
circumstances when setting the te rms and conditions, including ti me-frames, under which transition 
periods are granted.  
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