国际贸易马拉喀什建立世界贸易
组织协定英文本
URUGUAY ROUND AGREEMENT
Marrakesh Agreement Establishing the World
Trade Organization
FROM: http:///english/docs_e/legal_e/
The Parties to this Agreement,
Recognizing that their relations in the field of trade and economic endeavour
should be conducted with a view to raising standards of living, ensuring full
employment and a large and steadily growing volume of real income and effective
demand, and expanding the production of and trade in goods and services, while
allowing for the optimal use of the world’s resources in accordance with the
objective of sustainable development, seeking both to protect and preserve the
environment and to enhance the means for doing so in a manner consistent with their
respective needs and concerns at different levels of economic development,
Recognizing further that there is need for positive efforts designed to ensure that
developing countries, and especially the least developed among them, secure a share
in the growth in international trade commensurate with the needs of their economic
development,
Being desirous of contributing to these objectives by entering into reciprocal and
mutually advantageous arrangements directed to the substantial reduction of tariffs
and other barriers to trade and to the elimination of discriminatory treatment in
international trade relations,
Resolved, therefore, to develop an integrated, more viable and durable multilateral
trading system encompassing the General Agreement on Tariffs and Trade, the results
of past trade liberalization efforts, and all of the results of the Uruguay Round
of Multilateral Trade Negotiations,
Determined to preserve the basic principles and to further the objectives
underlying this multilateral trading system,
Agree as follows:
Article I back to top
Establishment of the Organization
The World Trade Organization (hereinafter referred to as “the WTO”) is hereby
established.
Article II back to top
Scope of the WTO
1. The WTO shall provide the common institutional framework for the conduct
of trade relations among its Members in matters related to the agreements and
associated legal instruments included in the Annexes to this Agreement.
2. The agreements and associated legal instruments included in Annexes 1, 2
and 3 (hereinafter referred to as “Multilateral Trade Agreements”) are integral
parts of this Agreement, binding on all Members.
3. The agreements and associated legal instruments included in Annex 4
(hereinafter referred to as “Plurilateral Trade Agreements”) are also part of
this Agreement for those Members that have accepted them, and are binding on those
Members. The Plurilateral Trade Agreements do not create either obligations or
rights for Members that have not accepted them.
4. The General Agreement on Tariffs and Trade 1994 as specified in Annex 1A
(hereinafter referred to as “GATT 1994”) is legally distinct from the General
Agreement on Tariffs and Trade, dated 30 October 1947, annexed to the Final Act
Adopted at the Conclusion of the Second Session of the Preparatory Committee of the
United Nations Conference on Trade and Employment, as subsequently rectified,
amended or modified (hereinafter referred to as “GATT 1947”).
Article III back to top
Functions of the WTO
1. The WTO shall facilitate the implementation, administration and operation,
and further the objectives, of this Agreement and of the Multilateral Trade
Agreements, and shall also provide the framework for the implementation,
administration and operation of the Plurilateral Trade Agreements.
2. The WTO shall provide the forum for negotiations among its Members
concerning their multilateral trade relations in matters dealt with under the
agreements in the Annexes to this Agreement. The WTO may also provide a forum for
further negotiations among its Members concerning their multilateral trade
relations, and a framework for the implementation of the results of such
negotiations, as may be decided by the Ministerial Conference.
3. The WTO shall administer the Understanding on Rules and Procedures
Governing the Settlement of Disputes (hereinafter referred to as the “Dispute
Settlement Understanding” or “DSU”) in Annex 2 to this Agreement.
4. The WTO shall administer the Trade Policy Review Mechanism (hereinafter
referred to as the “TPRM”) provided for in Annex 3 to this Agreement.
5. With a view to achieving greater coherence in global economic
policy-making, the WTO shall cooperate, as appropriate, with the International
Monetary Fund and with the International Bank for Reconstruction and Development
and its affiliated agencies.
Article IV back to top
Structure of the WTO
1. There shall be a Ministerial Conference composed of representatives of all
the Members, which shall meet at least once every two years. The Ministerial
Conference shall carry out the functions of the WTO and take actions necessary to
this effect. The Ministerial Conference shall have the authority to take decisions
on all matters under any of the Multilateral Trade Agreements, if so requested by a
Member, in accordance with the specific requirements for decision-making in this
Agreement and in the relevant Multilateral Trade Agreement.
2. There shall be a General Council composed of representatives of all the
Members, which shall meet as appropriate. In the intervals between meetings of the
Ministerial Conference, its functions shall be conducted by the General Council.
The General Council shall also carry out the functions assigned to it by this
Agreement. The General Council shall establish its rules of procedure and approve
the rules of procedure for the Committees provided for in paragraph 7.
3. The General Council shall convene as appropriate to discharge the
responsibilities of the Dispute Settlement Body provided for in the Dispute
Settlement Understanding. The Dispute Settlement Body may have its own chairman and
shall establish such rules of procedure as it deems necessary for the fulfilment of
those responsibilities.
4. The General Council shall convene as appropriate to discharge the
responsibilities of the Trade Policy Review Body provided for in the TPRM. The
Trade Policy Review Body may have its own chairman and shall establish such rules
of procedure as it deems necessary for the fulfilment of those responsibilities.
5. There shall be a Council for Trade in Goods, a Council for Trade in
Services and a Council for Trade-Related Aspects of Intellectual Property Rights
(hereinafter referred to as the “Council for TRIPS”), which shall operate under
the general guidance of the General Council. The Council for Trade in Goods shall
oversee the functioning of the Multilateral Trade Agreements in Annex 1A. The
Council for Trade in Services shall oversee the functioning of the General
Agreement on Trade in Services (hereinafter referred to as “GATS”). The Council
for TRIPS shall oversee the functioning of the Agreement on Trade-Related Aspects
of Intellectual Property Rights (hereinafter referred to as the “Agreement on
TRIPS”). These Councils shall carry out the functions assigned to them by their
respective agreements and by the General Council. They shall establish their
respective rules of procedure subject to the approval of the General Council.
Membership in these Councils shall be open to representatives of all Members. These
Councils shall meet as necessary to carry out their functions.
6. The Council for Trade in Goods, the Council for Trade in Services and the
Council for TRIPS shall establish subsidiary bodies as required. These subsidiary
bodies shall establish their respective rules of procedure subject to the approval
of their respective Councils.
7. The Ministerial Conference shall establish a Committee on Trade and
Development, a Committee on Balance-of-Payments Restrictions and a Committee on
Budget, Finance and Administration, which shall carry out the functions assigned to
them by this Agreement and by the Multilateral Trade Agreements, and any additional
functions assigned to them by the General Council, and may establish such
additional Committees with such functions as it may deem appropriate. As part of
its functions, the Committee on Trade and Development shall periodically review the
special provisions in the Multilateral Trade Agreements in favour of the
least-developed country Members and report to the General Council for appropriate
action. Membership in these Committees shall be open to representatives of all
Members.
8. The bodies provided for under the Plurilateral Trade Agreements shall
carry out the functions assigned to them under those Agreements and shall operate
within the institutional framework of the WTO. These bodies shall keep the General
Council informed of their activities on a regular basis.
Article V back to top
Relations with Other Organizations
1. The General Council shall make appropriate arrangements for effective
cooperation with other intergovernmental organizations that have responsibilities
related to those of the WTO.
2. The General Council may make appropriate arrangements for consultation and
cooperation with non-governmental organizations concerned with matters related to
those of the WTO.
Article VI back to top
The Secretariat
1. There shall be a Secretariat of the WTO (hereinafter referred to as “the
Secretariat”) headed by a Director-General.
2. The Ministerial Conference shall appoint the Director-General and adopt
regulations setting out the powers, duties, conditions of service and term of
office of the Director-General.
3. The Director-General shall appoint the members of the staff of the
Secretariat and determine their duties and conditions of service in accordance with
regulations adopted by the Ministerial Conference.
4. The responsibilities of the Director-General and of the staff of the
Secretariat shall be exclusively international in character. In the discharge of
their duties, the Director-General and the staff of the Secretariat shall not seek
or accept instructions from any government or any other authority external to the
WTO. They shall refrain from any action which might adversely reflect on their
position as international officials. The Members of the WTO shall respect the
international character of the responsibilities of the Director-General and of the
staff of the Secretariat and shall not seek to influence them in the discharge of
their duties.
Article VII back to top
Budget and Contributions
1. The Director-General shall present to the Committee on Budget, Finance and
Administration the annual budget estimate and financial statement of the WTO. The
Committee on Budget, Finance and Administration shall review the annual budget
estimate and the financial statement presented by the Director-General and make
recommendations thereon to the General Council. The annual budget estimate shall be
subject to approval by the General Council.
2. The Committee on Budget, Finance and Administration shall propose to the
General Council financial regulations which shall include provisions setting out:
(a) the scale of contributions apportioning the expenses of the WTO
among its Members; and
(b) the measures to be taken in respect of Members in arrears.
The financial regulations shall be based, as far as practicable, on the regulations
and practices of GATT 1947.
3. The General Council shall adopt the financial regulations and the annual
budget estimate by a two-thirds majority comprising more than half of the Members
of the WTO.
4. Each Member shall promptly contribute to the WTO its share in the expenses
of the WTO in accordance with the financial regulations adopted by the General
Council.
Article VIII back to top
Status of the WTO
1. The WTO shall have legal personality, and shall be accorded by each of its
Members such legal capacity as may be necessary for the exercise of its functions.
2. The WTO shall be accorded by each of its Members such privileges and
immunities as are necessary for the exercise of its functions.
3. The officials of the WTO and the representatives of the Members shall
similarly be accorded by each of its Members such privileges and immunities as are
necessary for the independent exercise of their functions in connection with the
WTO.
4. The privileges and immunities to be accorded by a Member to the WTO, its
officials, and the representatives of its Members shall be similar to the
privileges and immunities stipulated in the Convention on the Privileges and
Immunities of the Specialized Agencies, approved by the General Assembly of the
United Nations on 21 November 1947.
5. The WTO may conclude a headquarters agreement.
Article IX back to top
Decision-Making
1. The WTO shall continue the practice of decision-making by consensus
followed under GATT 1947(1). Except as otherwise provided, where a decision cannot
be arrived at by consensus, the matter at issue shall be decided by voting. At
meetings of the Ministerial Conference and the General Council, each Member of the
WTO shall have one vote. Where the European Communities exercise their right to
vote, they shall have a number of votes equal to the number of their member
States(2)which are Members of the WTO. Decisions of the Ministerial Conference and
the General Council shall be taken by a majority of the votes cast, unless
otherwise provided in this Agreement or in the relevant Multilateral Trade
Agreement(3).
2. The Ministerial Conference and the General Council shall have the
exclusive authority to adopt interpretations of this Agreement and of the
Multilateral Trade Agreements. In the case of an interpretation of a Multilateral
Trade Agreement in Annex 1, they shall exercise their authority on the basis of a
recommendation by the Council overseeing the functioning of that Agreement. The
decision to adopt an interpretation shall be taken by a three-fourths majority of
the Members. This paragraph shall not be used in a manner that would undermine the
amendment provisions in Article X.
3. In exceptional circumstances, the Ministerial Conference may decide to
waive an obligation imposed on a Member by this Agreement or any of the
Multilateral Trade Agreements, provided that any such decision shall be taken by
three fourths (4) of the Members unless otherwise provided for in this paragraph.
(a) A request for a waiver concerning this Agreement shall be submitted
to the Ministerial Conference for consideration pursuant to the
practice of decision-making by consensus. The Ministerial Conference
shall establish a time-period, which shall not exceed 90 days, to
consider the request. If consensus is not reached during the
time-period, any decision to grant a waiver shall be taken by three
fourths4 of the Members.
(b) A request for a waiver concerning the Multilateral Trade Agreements
in Annexes 1A or 1B or 1C and their annexes shall be submitted
initially to the Council for Trade in Goods, the Council for Trade in
Services or the Council for TRIPS, respectively, for consideration
during a time-period which shall not exceed 90 days. At the end of the
time-period, the relevant Council shall submit a report to the
Ministerial Conference.
4. A decision by the Ministerial Conference granting a waiver shall state the
exceptional circumstances justifying the decision, the terms and conditions
governing the application of the waiver, and the date on which the waiver shall
terminate. Any waiver granted for a period of more than one year shall be reviewed
by the Ministerial Conference not later than one year after it is granted, and
thereafter annually until the waiver terminates. In each review, the Ministerial
Conference shall examine whether the exceptional circumstances justifying the
waiver still exist and whether the terms and conditions attached to the waiver have
been met. The Ministerial Conference, on the basis of the annual review, may extend,
modify or terminate the waiver.
5. Decisions under a Plurilateral Trade Agreement, including any decisions on
interpretations and waivers, shall be governed by the provisions of that Agreement.
Article X back to top
Amendments
1. Any Member of the WTO may initiate a proposal to amend the provisions of
this Agreement or the Multilateral Trade Agreements in Annex 1 by submitting such
proposal to the Ministerial Conference. The Councils listed in paragraph 5 of
Article IV may also submit to the Ministerial Conference proposals to amend the
provisions of the corresponding Multilateral Trade Agreements in Annex 1 the
functioning of which they oversee. Unless the Ministerial Conference decides on a
longer period, for a period of 90 days after the proposal has been tabled formally
at the Ministerial Conference any decision by the Ministerial Conference to submit
the proposed amendment to the Members for acceptance shall be taken by consensus.
Unless the provisions of paragraphs 2, 5 or 6 apply, that decision shall specify
whether the provisions of paragraphs 3 or 4 shall apply. If consensus is reached,
the Ministerial Conference shall forthwith submit the proposed amendment to the
Members for acceptance. If consensus is not reached at a meeting of the Ministerial
Conference within the established period, the Ministerial Conference shall decide
by a two-thirds majority of the Members whether to submit the proposed amendment to
the Members for acceptance. Except as provided in paragraphs 2, 5 and 6, the
provisions of paragraph 3 shall apply to the proposed amendment, unless the
Ministerial Conference decides by a three-fourths majority of the Members that the
provisions of paragraph 4 shall apply.
2. Amendments to the provisions of this Article and to the provisions of the
following Articles shall take effect only upon acceptance by all Members:
Article IX of this Agreement;
Articles I and II of GATT 1994;
Article II:1 of GATS;
Article 4 of the Agreement on TRIPS.
3. Amendments to provisions of this Agreement, or of the Multilateral Trade
Agreements in Annexes 1A and 1C, other than those listed in paragraphs 2 and 6, of
a nature that would alter the rights and obligations of the Members, shall take
effect for the Members that have accepted them upon acceptance by two thirds of the
Members and thereafter for each other Member upon acceptance by it. The Ministerial
Conference may decide by a three-fourths majority of the Members that any amendment
made effective under this paragraph is of such a nature that any Member which has
not accepted it within a period specified by the Ministerial Conference in each
case shall be free to withdraw from the WTO or to remain a Member with the consent
of the Ministerial Conference.
4. Amendments to provisions of this Agreement or of the Multilateral Trade
Agreements in Annexes 1A and 1C, other than those listed in paragraphs 2 and 6, of
a nature that would not alter the rights and obligations of the Members, shall take
effect for all Members upon acceptance by two thirds of the Members.
5. Except as provided in paragraph 2 above, amendments to Parts I, II and III
of GATS and the respective annexes shall take effect for the Members that have
accepted them upon acceptance by two thirds of the Members and thereafter for each
Member upon acceptance by it. The Ministerial Conference may decide by a
three-fourths majority of the Members that any amendment made effective under the
preceding provision is of such a nature that any Member which has not accepted it
within a period specified by the Ministerial Conference in each case shall be free
to withdraw from the WTO or to remain a Member with the consent of the Ministerial
Conference. Amendments to Parts IV, V and VI of GATS and the respective annexes
shall take effect for all Members upon acceptance by two thirds of the Members.
6. Notwithstanding the other provisions of this Article, amendments to the
Agreement on TRIPS meeting the requirements of paragraph 2 of Article 71 thereof
may be adopted by the Ministerial Conference without further formal acceptance
process.
7. Any Member accepting an amendment to this Agreement or to a Multilateral
Trade Agreement in Annex 1 shall deposit an instrument of acceptance with the
Director-General of the WTO within the period of acceptance specified by the
Ministerial Conference.
8. Any Member of the WTO may initiate a proposal to amend the provisions of
the Multilateral Trade Agreements in Annexes 2 and 3 by submitting such proposal to
the Ministerial Conference. The decision to approve amendments to the Multilateral
Trade Agreement in Annex 2 shall be made by consensus and these amendments shall
take effect for all Members upon approval by the Ministerial Conference. Decisions
to approve amendments to the Multilateral Trade Agreement in Annex 3 shall take
effect for all Members upon approval by the Ministerial Conference.
9. The Ministerial Conference, upon the request of the Members parties to a
trade agreement, may decide exclusively by consensus to add that agreement to Annex
4. The Ministerial Conference, upon the request of the Members parties to a
Plurilateral Trade Agreement, may decide to delete that Agreement from Annex 4.
10. Amendments to a Plurilateral Trade Agreement shall be governed by the
provisions of that Agreement.
Article XI back to top
Original Membership
1. The contracting parties to GATT 1947 as of the date of entry into force of
this Agreement, and the European Communities, which accept this Agreement and the
Multilateral Trade Agreements and for which Schedules of Concessions and
Commitments are annexed to GATT 1994 and for which Schedules of Specific
Commitments are annexed to GATS shall become original Members of the WTO.
2. The least-developed countries recognized as such by the United Nations
will only be required to undertake commitments and concessions to the extent
consistent with their individual development, financial and trade needs or their
administrative and institutional capabilities.
Article XII back to top
Accession
1. Any State or separate customs territory possessing full autonomy in the
conduct of its external commercial relations and of the other matters provided for
in this Agreement and the Multilateral Trade Agreements may accede to this
Agreement, on terms to be agreed between it and the WTO. Such accession shall apply
to this Agreement and the Multilateral Trade Agreements annexed thereto.
2. Decisions on accession shall be taken by the Ministerial Conference. The
Ministerial Conference shall approve the agreement on the terms of accession by a
two-thirds majority of the Members of the WTO.
3. Accession to a Plurilateral Trade Agreement shall be governed by the
provisions of that Agreement.
Article XIII back to top
Non-Application of Multilateral Trade Agreements between Particular
Members
1. This Agreement and the Multilateral Trade Agreements in Annexes 1 and 2
shall not apply as between any Member and any other Member if either of the Members,
at the time either becomes a Member, does not consent to such application.
2. Paragraph 1 may be invoked between original Members of the WTO which were
contracting parties to GATT 1947 only where Article XXXV of that Agreement had been
invoked earlier and was effective as between those contracting parties at the time
of entry into force for them of this Agreement.
3. Paragraph 1 shall apply between a Member and another Member which has
acceded under Article XII only if the Member not consenting to the application has
so notified the Ministerial Conference before the approval of the agreement on the
terms of accession by the Ministerial Conference.
4. The Ministerial Conference may review the operation of this Article in
particular cases at the request of any Member and make appropriate recommendations.
5. Non-application of a Plurilateral Trade Agreement between parties to that
Agreement shall be governed by the provisions of that Agreement.
Article XIV back to top
Acceptance, Entry into Force and Deposit
1. This Agreement shall be open for acceptance, by signature or otherwise, by
contracting parties to GATT 1947, and the European Communities, which are eligible
to become original Members of the WTO in accordance with Article XI of this
Agreement. Such acceptance shall apply to this Agreement and the Multilateral Trade
Agreements annexed hereto. This Agreement and the Multilateral Trade Agreements
annexed hereto shall enter into force on the date determined by Ministers in
accordance with paragraph 3 of the Final Act Embodying the Results of the Uruguay
Round of Multilateral Trade Negotiations and shall remain open for acceptance for a
period of two years following that date unless the Ministers decide otherwise. An
acceptance following the entry into force of this Agreement shall enter into force
on the 30th day following the date of such acceptance.
2. A Member which accepts this Agreement after its entry into force shall
implement those concessions and obligations in the Multilateral Trade Agreements
that are to be implemented over a period of time starting with the entry into force
of this Agreement as if it had accepted this Agreement on the date of its entry
into force.
3. Until the entry into force of this Agreement, the text of this Agreement
and the Multilateral Trade Agreements shall be deposited with the Director-General
to the CONTRACTING PARTIES to GATT 1947. The Director-General shall promptly
furnish a certified true copy of this Agreement and the Multilateral Trade
Agreements, and a notification of each acceptance thereof, to each government and
the European Communities having accepted this Agreement. This Agreement and the
Multilateral Trade Agreements, and any amendments thereto, shall, upon the entry
into force of this Agreement, be deposited with the Director-General of the WTO.
4. The acceptance and entry into force of a Plurilateral Trade Agreement
shall be governed by the provisions of that Agreement. Such Agreements shall be
deposited with the Director-General to the CONTRACTING PARTIES to GATT 1947. Upon
the entry into force of this Agreement, such Agreements shall be deposited with the
Director-General of the WTO.
Article XV back to top
Withdrawal
1. Any Member may withdraw from this Agreement. Such withdrawal shall apply
both to this Agreement and the Multilateral Trade Agreements and shall take effect
upon the expiration of six months from the date on which written notice of
withdrawal is received by the Director-General of the WTO.
2. Withdrawal from a Plurilateral Trade Agreement shall be governed by the
provisions of that Agreement.
Article XVI back to top
Miscellaneous Provisions
1. Except as otherwise provided under this Agreement or the Multilateral
Trade Agreements, the WTO shall be guided by the decisions, procedures and
customary practices followed by the CONTRACTING PARTIES to GATT 1947 and the bodies
established in the framework of GATT 1947.
2. To the extent practicable, the Secretariat of GATT 1947 shall become the
Secretariat of the WTO, and the Director-General to the CONTRACTING PARTIES to GATT
1947, until such time as the Ministerial Conference has appointed a
Director-General in accordance with paragraph 2 of Article VI of this Agreement,
shall serve as Director-General of the WTO.
3. In the event of a conflict between a provision of this Agreement and a
provision of any of the Multilateral Trade Agreements, the provision of this
Agreement shall prevail to the extent of the conflict.
4. Each Member shall ensure the conformity of its laws, regulations and
administrative procedures with its obligations as provided in the annexed
Agreements.
5. No reservations may be made in respect of any provision of this Agreement.
Reservations in respect of any of the provisions of the Multilateral Trade
Agreements may only be made to the extent provided for in those Agreements.
Reservations in respect of a provision of a Plurilateral Trade Agreement shall be
governed by the provisions of that Agreement.
6. This Agreement shall be registered in accordance with the provisions of
Article 102 of the Charter of the United Nations.
DONE at Marrakesh this fifteenth day of April one thousand nine
hundred and ninety-four, in a single copy, in the English, French and
Spanish languages, each text being authentic.
Explanatory Notes: back to top
The terms “country” or “countries” as used in this Agreement and
the Multilateral Trade Agreements are to be understood to include any
separate customs territory Member of the WTO.
In the case of a separate customs territory Member of the WTO, where
an expression in this Agreement and the Multilateral Trade Agreements
is qualified by the term “national”, such expression shall be read
as pertaining to that customs territory, unless otherwise specified.
