WORLD TRADE
ORGANIZATIONG/TRIMS/W/23
4 October 2002
(02-5337)
REPORT (2002) OF THE COMMITTEE ON
TRADE-RELATED INVESTMENT MEASURES
Draft
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 October 2001- [October
2002].1
2. The Committee met on 21 May 2002 under the chairmanship of Mr. Paul Bennett (Ireland),
and on 10 July and 14 October 2002 under the chairmanship of Mr. Vassili Notis (Greece). Minutes ofthe meetings may be found in documents G/TRIMS/M/13, G/TRIMS/ M/14 and G/TRIMS/M/15,
respectively.  The meetings were open to Members, governments with observer status in the WTO
and international intergovernmental organizations to which the Committee has accorded regular
observer status (IMF, OECD, UN, UNCTAD and Worl d Bank).  Decisions on requests for observer
status from several other international organizations are pending.
II. NOTIFICATIONS
3. Article 5.1 of the Agreement on Trade-Related Investment Measures requires Members to
notify any trade-related investment measure ("TRIM") inconsistent with the Agreement within
90 days after the entry into force of the WTO Agr eement.  Article 5.2 of the Agreement gives the
benefit of transition periods for the elimination of measures notified under Article 5.1 and which were
in existence at least 180 days preceding the entry into force of the WTO Agreement.  Pursuant to a
decision adopted by the General Council in April 1995, governments eligible to become originalWTO Members that accepted the WTO Agreement after 1 January 1995 had a period of 90 days after
the date of their acceptance of the WTO 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 contains a list of all notifications of measures under Article 5.1.3  In the case of some
Members, notifications have been submitted later than the 90-day period foreseen.
5. Some Members have notified the Committee that they do not apply any TRIM inconsistent
with the Agreement.  During the period under revi ew, such a notification was received from Chinese
Taipei.  Annex 2 lists all Members which have made such notifications.
                                                     
1 The previous annual report is contained in document G/L/390 of 20 September 2000.
2 WT/L/64.
3 Notifications under Article 5.1 circulated in 1995 have been derestricted since 28 May 1996.
Following the decision taken by the General Council on 14 May 2002 on derestriction and circulation of WTO
documents (WT/L/452), which abrogated the Decision of 18 July 1996, documents containing notifications
under Articles 5.1, 5.5 and 6.2 are issued unrestricted.G/TRIMS/W/23
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6. Article 5.5 deals with the conditions under which, during the transition periods stipulated in
Article 5.2, Members may apply TRIMs notified under  Article 5.1 to new investments.  While a
standard format for the submission of notifications under this provision has been adopted by the
Committee (G/TRIMS/3), no such notifications have been made.
7. A number of Members have submitted notifications as required under Article 6.2, which
provides for notification to the Secretariat of publications in which information on TRIMs can be
found.  A list of these notifications has been circ ulated in G/TRIMS/N/2/Rev.9 and Addenda 1 to 8.
Annex 3 lists the Members which have submitted such notifications.
III. OUTSTANDING IMPLEMENTATION ISSUES
8. Pursuant to the decision of the Council for Trade in Goods (CTG) taken on 7 May 2002, the
TRIMs Committee was assigned the responsibility for conducting work on the outstanding
implementation issues related to the TRIMs Agreement as contained in tirets 37-40 ofJOB(01)/152/Rev.1, and for reporting regularly to the CTG on progress on these issues.  At its
meetings on 21 May, 10 July and 14 October, the TRIMs Committee discussed the relevant tirets.
These were:
- Tiret 37:  Developing countries shall have another opportunity to notify existing TRIMs
measures which they would be then allowed to maintain till the end of the new transition
period.
- Tiret 38:  The provisions of Article 5.3 must be suitably amended and made mandatory.
- Tiret 39:  Developing countries shall be exempted from the disciplines on the application of
domestic content requirement by providing for an enabling provision in Articles 2 and 4 to
this effect.
- Tiret 40:  Specific provisions shall be included in the Agreement to provide developing
countries the necessary flexibility to implement development policies (intended to address,
among others, social, regional, economic, and technological concerns) that may help reduce
the disparities they face vis-à-vis  developed countries.
9. The Committee had a useful exchange of views on these issues and more generally on the
implementation of the TRIMs Agreement. A full account of the discussions is contained in the
relevant sections of the minutes of the meetings of the TRIMs Committee (G/TRIMS/M/13,G/TRIMS/M/14 and G/TRIMS/M/15).
10. At its meeting on 21 May 2002, the Committee agreed that the Chairman would make a brief
oral report to the CTG after each meeting of the TRIMs Committee at which the outstanding
implementation issues were discussed. Accordingly, the Chairman of the TRIMs Committee reported
on the development of the discussions on this issue at the meetings of the CTG held on 13 June and22-23 July 2002 in documents G/C/M/62 and G/C/M/64, respectively.
11. At its meeting on 14 October 2002, the Committee agreed on its report to the CTG on this
issue and forwarded it to the CTG in document […..].G/TRIMS/W/23
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IV. TRANSITIONAL REVIEW MECHANISM PURSUANT TO PARAGRAPH 18 OF
THE PROTOCOL OF ACCESSION OF THE PEOPLE'S REPUBLIC OF CHINA
12.  Pursuant to paragraph 18 of China's Protoc ol of Accession, the TRIMs Committee undertook
the review China's implementation of its commitments under the TRIMs Agreement and related
provisions of the Protocol of Accession.  To that end, China was invited to provide relevant
information, as specified in Sections 3 and 8 of Anne x 1A of the Protocol, in advanced of the review.
Comments and questions in connection with Chin a's Transitional Review Mechanism were received
from Japan (G/TRIMS/W/20), the European Co mmunity (G/TRIMS/W/21), the United States
(G/TRIMS/W/22), and the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu
(G/TRIMS/W/24).
13. The  review took place at the meeting of 14 October 2002. The Committee had a useful
discussion on the basis of the above submissions. A full account of the discussions can be found in theminutes of that meeting (G/TRIMS/M/15). […. .].
_______________G/TRIMS/W/23
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ANNEX 1
Members which have Submitted Notifications 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 1997Barbados G/TRIMS/N/1/ BRB/1 31 March 1995
Bolivia
4G/TRIMS/N/1/BO L/1 24 June 1998
Chile G/TRIMS/N/1/CHL/1 14 December 1995
Colombia G/TRIMS/N/1/COL/1 31 March 1995Colombia G/TRIMS/N/1/COL/1/Add.1 4 June 1995Colombia G/TRIMS/N/1/COL/2 31 July 1995Colombia G/TRIMS/N/1/COL/2/Corr.1 30 September 1996
Costa Rica
5G/TRIMS/N/1/CRI/1 30 March 1995
Cuba6G/TRIMS/N/1/CUB/1 18 July 1995
Cyprus7G/TRIMS/N/1/CYP/2 30 October 1995
Dominican Republic G/TRIMS/N/1/DOM/1 26 April 1995Ecuador G/TRIMS/N/1/ECU/1 20 March 1996Egypt 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
                                                     
4 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).
5 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).
6 Cuba subsequently informed the Committee that th e measures notified by Cuba under Article 5.1 are
no longer in force (G/TRIMS/M/3, paragraph 5).
7 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/TRIMS/W/23
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Member Document Symbol Date of Communication
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 1995Indonesia G/TRIMS/N/1/IDN/1/Add.1 28 October 1996Malaysia G/TRIMS/N/1/MYS/1 31 March 1995Malaysia G/TRIMS/N/1/MYS/1/Rev.1 14 March 1996Mexico G/TRIMS/N/1/MEX/1 31 March 1995
Mexico G/TRIMS/N/1/MEX/1/Rev.1
831 March 1995
Nigeria9G/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 1995Philippines G/TRIMS/N/1/PHL/1 31 March 1995
Poland
10G/TRIMS/N/1/POL/1 28 September 1995
Romania G/TRIMS/N/1/ROM/1 31 March 1995South Africa G/TRIMS/N/ 1/ZAF/1 19 April 1995
Thailand G/TRIMS/N/1/THA/1 30  March 1995Uganda G/TRIMS/N/1/UGA/1 17 June 1997Uruguay 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
                                                     
8 English only.
9 Nigeria subsequently submitted a notification indi cating 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 indicating that it has eliminated measures notified
under Article 5.1 (G/TRIMS/N/1/POL/1/Add.1).G/TRIMS/W/23
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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.11116 September 1999
Cyprus G/TRIMS/N/1/ CYP/2/Add.1 26 May 2000
Haiti G/TRIMS/N/1/HTI/1 27 February 1998Honduras 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 1998Jordan G/TRIMS/N/1/JOR/1 22 May 2000Maldives G/TRIMS/N/1/MLV/1 30 September 1999Mali 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 1999Nicaragua G/TRIMS/N/ 1/NIC/1 18 July 1996
Oman G/TRIMS/N/1/OMN/1 20 December 2000Saint Lucia G/TRIMS/N/1/LCA/1 14 February 1996Singapore 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
Taipei, Chinese G/TRIMS/N/1/TPKM/1 27 May 2002Trinidad & Tobago G/TRIMS/N/1/TTO/1 1 April 1996
Zambia G/TRIMS/N/1/ZMB/1 13 April 1995
                                                     
11 A Corrigendum to the English version was issued in G/TRIMS/N/1/CRI/1/Add.1/Corr.1, dated
26 October 1999.G/TRIMS/W/23
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ANNEX 3
Members which have Submitted Notifications under Article 6.2 of
the Agreement on Trade-Related Investment Measures
Argentina
Australia
Brazil
Brunei Darussalam
Bulgaria
BurundiCameroon
Chad
Chile
China
ColombiaCosta Rica
Croatia
Cuba
Czech Republic
DominicaEcuador
Estonia
European Community (including the member States)
Fiji Islands, Rep. of the
GabonGeorgia
Ghana
Haiti
Hong Kong, China
Iceland
India
IndonesiaIsrael
Jamaica
Japan
Korea
Kyrgyz RepublicLatvia
Liechtenstein
Lithuania
Macau, China
MadagascarMaldives
Mali
Malta
Mauritius
MoldovaMongolia
Namibia
New Zealand
NicaraguaG/TRIMS/W/23
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Norway
Panama
Paraguay
Peru
PhilippinesPoland
Qatar
Romania
Singapore
Slovak Republic
Slovenia
South AfricaSri Lanka
Suriname
Switzerland
Taipei, Chinese
ThailandTrinidad and Tobago
Tunisia
Uganda
United States
UruguayVenezuela, Bolivarian Rep. of
Zambia
Zimbabwe
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