WORLD TRADE
ORGANIZATIONWT/GC/W/521
11 December 2003
(03-6571)
General Council
15, 16 and 18 December 2003Original:  English
FIVE-YEAR REVIEW OF THE EXEMPTION PROVIDED
UNDER PARAGRAPH 3 OF GATT 1994
Questionnaire to the United States from the European Communities
The following communication, dated 11 December 2003, is being circulated at the request of
the Delegation of the European Communities.
_______________
1. In relation to shipbuilding
1. In order to assess the impact of the Jones Act legislation on the shipbuilding market the
European Communities would like the United States to provide precise figure regarding:
(i) the number and types of vessels/ships produced in the last five years in the
framework of the "Jones Act";
(ii) the sale price for these vessels/ships and the name of the company (name of
the shipowners);
(iii) the total amount of the aid awarded in relation to the sale price.
2. Furthermore the European Communities would appreciate information on the legal grounds
for using foreign-built or foreign-reconstructed vessels for commercial application within the US
waters (e.g. as of the appropriations bill for 2003 allowing a foreign owned shipping company to
operate foreign build vessels between the islands of Hawaii).  Does the United States intend to grant
this possibility in the future to all WTO Members?
2. In relation to maritime transport services
3. While we note that the provision of maritime transport services is not covered by the
exemption provided for by paragraph 3 (a-e) of GATT 1994, the European Communities would like
the United States to clarify the conditions for granting exemptions to the general restriction on
provision of transport between ports in the United States ?
4. In a recent case (the appropriations bill for 2003) a foreign owned shipping company was
allowed to operate between the islands of Hawaii. Should this case be understood as a permanentderogation, or is it rather a partial step towards opening up some of the restrictions covering cabotage
on a case by case basis ?
__________