./.WORLD TRADE
ORGANIZATIONTN/CTD/W/7
20 June 2002
(02-3438)
Committee on Trade and Development
Special SessionOriginal:  English
SPECIAL AND DIFFERENTIAL TREATMENT PROVISIONS
Communication from Thailand
The following communication, dated 12 June 2002, has been received from the above
delegation.
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PROPOSAL BY THAILAND TO MAKE AN EXISTING SPECIAL AND DIFFERENTIAL
TREATMENT PROVISION UNDER THE AGREEMENT ON
IMPORT LICENSING MANDATORY
Existing text of the Provision
Article 3.5(a) Non-automatic Import Licensing
"Members shall provide, upon the request of any Member having an interest in the product
concerned, all relevant information concerning:
(i) the administration of the restrictions;
(ii) the import licences  granted over a recent period;
(iii) the distribution of such licences among supplying countries;(iv) where practicable, import statistics (i.e. value and/or volume) with respect to the
products subject to import licensing.  Developing country Members would not be
expected to take additional administrative or financial burdens on this account."
Rationale for amendment to Article 3.5(a)(iv)
1. The above provision could be interpreted to mean  that, in providing the import statistics, there
is room for flexibility for Members that are developing countries not to take additional administrative
and financial burdens.  However, in view of the word "would" appearing in the last sentence of the
provision, there is some doubt as to the mandatory nature of the provision.  In the context ofArticle 3.5(a), developing country Members are required to provide all relevant information
pertaining to the product concerned to any Member having an interest in the trade of the product.
Where Members provide such information to the Member making a request, there may be certain
administrative and financial costs involved.  These relevant costs should be deemed as necessary and
sufficient for Members, especially the developing country Members.TN/CTD/W/7
Page 2
Proposed amendment
2. The proposal is that the word " would " be replaced by " shall ," so that the sentence reads
"Developing country Members shall  not be expected to take additional administrative or financial
burdens on this account."
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