RESTRICTED
WORLD TRADE G/LIC/M/3
28March 1996
ORGANIZATION(96-1128)
Committee onImport Licensing
MINUTES OFTHE MEETING
HELD ON8MARCH 1996
Chairman: Mr.Calson Mbegabolawe (Zimbabwe)
Theagenda proposed forthemeeting, circulated inWTO/AIR/280, wasadopted asfollows:
Page
A. Invocation offootnote 5toArticle 2.2bydeveloping countries 1
B. Notifications:
(a) Review procedures ingeneral 2
(b) Notifications pursuant toArticles 1.4(a) and/or 8.2(b) (publications
and/or legislation) 3
(c) Notifications pursuant toArticle 7.3(Replies toQuestionnaire on
Import Licensing Procedures) 3
C. Other business
(a) Dateofnextmeeting 4
(b) Election ofofficers 4
1. TheChairman noted thatinaccordance withtheagreement reached atthefirstmeeting held
on3May1995(G/LIC/M/1, paragraph 10),theIMF, UNCTAD andtheWorld Bank hadbeeninvited
tothismeeting. Heproposed thatpending agreement onthecriteria andconditions forobserver status
forinternational intergovernmental organizations intheWTO, thesame organizations beinvited to
itsnextmeeting.
2. TheCommittee soagreed.
A. Invocation offootnote 5toArticle 2.2(delayed application ofcertain provisions by
developing countries)
3. TheChairman informed theCommittee thattwomore developing-country Members -Bolivia
andtheDominican Republic -hadinvoked thedelayed application provisions oftheAgreement since
thelastmeeting, thusbringing thenumber ofdeveloping countries invoking these provisions to22
(G/LIC/1/Add.2). Heproposed thattheCommittee takenoteofthese invocations.
4. Therepresentative oftheUnited States, noting thatneither Bolivia northeDominican Republic
hadfulfilled theirnotification requirements under theAgreement, stated thatinvoking theprovisionsG/LIC/M/3
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offootnote 5toArticle 2.2didnotexempt them fromtheobligation tonotify. Hehoped, therefore,
thattheirnotifications would beforthcoming assoonaspossible.
5. TheChairman confirmed thattheinvocation ofthisprovision didnotexempt anyMember
from complying withthenotification requirements.
6. TheCommittee tooknoteoftheinvocation ofdelayed application provisions byBolivia and
theDominican Republic.
(a) Review procedures ingeneral
7. Before turning tothenotifications submitted under theAgreement, which were listed inthe
Airgram, theChairman raised thequestion ofhowtodealwithsuchnotifications ingeneral. Henoted
thatthere wasnospecific provision intheAgreement forreviewing suchnotifications. Article 4of
theAgreement provided thattheCommittee shall meet asnecessary "forthepurpose ofaffording
Members theopportunity ofconsulting onanymatters relating totheoperation ofthisAgreement or
thefurtherance ofitsobjectives". Asconcerned thematter ofsubstantive issues arising from
notifications, itwould seem logical thatsince there wererequirements fornotification under Articles
1.4(a), 8.2(b) and7.3relating topublications, legislation andreplies totheQuestionnaire, thatMembers
should haveapossibility toexpress views orrequest clarifications withrespect tosuchnotifications,
asmaybenecessary, fromother Members concerned. Following informal consultations withanumber
ofdelegations concerning thismatter, hewished toputbefore theCommittee aproposal foran
understanding towhich hehoped Members would beabletoagree, asfollows (thetextoftheproposal
wascirculated inthemeeting room):
"The Committee discussed thematter ofsubstantive issues arising fromnotifications
ofimport licensing procedures which could beraised byMembers andreached thefollowing
understanding: "OnthebasisofArticle 4oftheAgreement, itwasrecognized thatMembers
could express views onnotifications ofimport licensing procedures asrequired under various
Articles oftheAgreement, andrequest clarifications, asmaybenecessary, fromotherMembers
onmatters related totheAgreement onImport Licensing Procedures. Itwas,however, agreed
thatsuchviews, andrequests forclarification, should becommunicated, inwriting, tothe
Secretariat atleasttenworking daysinadvance ofthemeeting atwhich theywould beraised.""
Themain reason forsuchanunderstanding wastofacilitate thedeliberations oftheCommittee. As
Members wereaware, meetings ofthisCommittee wereoften attended bydelegates coming fromthe
capitals. Ifqueries concerning notifications were communicated inadvance, those delegates would
beabletocome prepared torespond tothematthemeeting atwhich theywould beraised. Moreover,
since theCommittee normally mettwice ayear, anunderstanding intheCommittee aswasbeing
proposed byhimwould minimise anydelays inproviding clarifications orresponses concerning such
queries. Hewished alsotoinform theCommittee thatasimilar understanding hadbeenreached in
theCommittee onRules ofOrigin atitsmeeting on1February 1996.
8. Anumber ofdelegations, i.e.India, theUnited States, theEuropean Communities, Argentina
andHungary, saidthattheywould liketorevert tothematter atthenextmeeting afterconsulting their
capitals.
9. TheCommittee agreed torevert tothismatter atthenextmeeting onthebasis ofarevised
drafttextforanunderstanding.G/LIC/M/3
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(b) Notifications pursuant toArticles 1.4(a) and/or 8.2(b) (publications and/or legislation)
10. TheChairman saidthatsince thelastmeeting, theSecretariat hadreceived notifications under
Articles 1.4(a) and/or 8.2(b), fromArgentina, Canada, Colombia, Costa Rica, Cuba, Japan, Mauritius
andPeru. Thenotifications were circulated intheG/LIC/N/1/- series. Inaddition, theSecretariat
hadalsoreceived anotification under Articles 1.4(a) and8.2(b) from theEuropean Communities.
Copies ofpublications andlawsandregulations referred tointhenotifications were available for
consultation intheSecretariat. Todate, onlythese nineMembers hadmade notifications ontheir
publications and/or legislation.
11. TheChairman recalled inthisconnection theagreement reached bytheCommittee atitslast
meeting thatthefirstnotifications under these twoprovisions should bemade by12January 1996and
expressed concern thatavastmajority ofMembers hadnotyetcomplied withthisrequirement. He
alsourgedMemberswhichdidnotapplyimportlicensingproceduresorhadnosuchlawsandregulations
tonotify theCommittee ofthisfactsothatacomplete picture could beobtained.
12. TheCommittee tooknoteofthenotifications.
(c) Notifications pursuant toArticle 7.3(Replies totheQuestionnaire onImport Licensing
Procedures)
13. TheChairman informed theCommittee thatsincethelastmeeting, 12Members hadsubmitted
replies totheQuestionnaire. Inaddition tothereplies listed intheAirgram, theCommittee hadalso
received anotification fromCyprus, which hadbeenreviewed bytheCommittee atitslastmeeting.
Todate,atotalof14Membershadsubmittednotificationsunderthisprovision,i.e.Argentina,Barbados,
Canada, Colombia, Costa Rica, Cyprus, Ecuador, Hong Kong, India, Malta, Mauritius, Norway,
Trinidad andTobago, andtheUnited States. Herecalled thatallMembers were obliged tosubmit
these notifications onanannual basis by30September eachyear.
14. Therepresentative oftheUnited States, noting thatmany Members hadnotyetcomplied with
thenotification obligation, hoped thatthose Members whohadnotyetdone sowould submit their
notifications assoon aspossible. Heraised anumber ofquestions concerning thereplies tothe
Questionnaire provided byBarbados, Canada, Costa Rica, Cyprus, Ecuador, Hong Kong, India,
Mauritius, Norway, andTrinidad andTobago. Hesaidthatthequestions andcomments onthese
notifications would beprovided, inwriting, tothedelegations concerned aswellas,forinformation,
totheSecretariat.
15. TherepresentativeofAustraliasaidthatherdelegationtoohadquestionswithrespecttoanumber
ofnotifications, including thatofIndia, andreserved therighttocome backtothismatter atthenext
meeting. Thequestions would besubmitted, inwriting, before thenextmeeting.
16. Therepresentative oftheEuropean Communities stated thatherdelegation alsohadquestions
concerning thenotifications from Canada andNorway. Herdelegation reserved therighttorevert
toallnotifications listed under thisagenda itematthenextmeeting, before which thequestions would
besubmitted, inwriting, tothedelegations concerned.
17. Therepresentatives ofCanada, Hong Kong, India andNorway tooknoteofthequeries
concerning theirnotifications andundertook toprovide thenecessary clarifications andresponses.
They requested theMembers concerned tosubmit theirqueries inwriting.
18. TheChairman noted thattheMembers which hadraised issues concerning replies tothe
Questionnaire hadindicated theirintention tosubmit thequestions inwriting directly tothedelegationsG/LIC/M/3
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concerned, withcopies forinformation totheSecretariat. Responses tothequestions should alsobe
forwarded tothedelegations having raised thequestions, inwriting, withcopies forinformation to
theSecretariat. Thequestions andresponses thusreceived would beavailable intheSecretariat for
consultation byother Members, upon request.
19. TheCommittee tooknoteofthestatements made.
C. Other business
(a) Date ofthenextmeeting
20. TheCommittee agreed toholditsnextmeeting on23October 1996.
(b) Election ofofficers
21. TheCommittee re-elected Mr. Calson Mbegabolawe (Zimbabwe) asChairman and
Mr.JanMichalek (Poland) asVice-Chairman oftheCommittee for1996.