WORLD TRADE
ORGANIZATIONWT/L/439
10 January 2002
(02-0108)
HAITI - IMPLEMENTATION OF ARTICLE VII
OF THE GENERAL AGREEMENT
ON TARIFFS AND TRADE 1994
Decision of 20 December 20011
The General Council,
Taking into account  Haiti's request for a waiver from its obligations under the WTO
Agreement on Implementation of Article VII of the General Agreement on Tariffs and Trade 1994,
done at Marrakesh on 15 April 1994 (“WTO Agreement on Customs Valuation”);
Noting:
- that Haiti is a Member to the WTO Agreement on Implementation of Article VII of the
General Agreement on Tariffs and Trade 1994 (Customs Valuation Agreement) and invokedparagraph 1, Article 20 of that Agreement on 30 January 1996, and was therefore scheduled
to apply the provisions of the Agreement on 30 January 2001;
- the good cause for Haiti’s request for a waiver as set out in G/C/W/256/Rev.1 and its
intention for this waiver to be on a limited and transitional basis;
- Haiti’s substantial efforts to implement the provisions of the Customs Valuation Agreement;- that Haiti continues to receive technical assistance in support of implementation and
application of the Customs Valuation Agreement, which is contributing significantly towards
achieving that objective;
- Haiti’s long-standing commitment and considerable efforts in reforming and modernizing its
customs administration, and its objective of ensuring the effective implementation and
administration of the Customs Valuation Agreement;
- that Haiti’s authorities have established a detailed work programme,
2 involving the relevant
ministries and agency, to enable the elaboration and approval of its legislation and the
completion of its domestic administrative and legal procedures, including training,
dissemination of information, and other actions, for implementing and applying the Customs
Valuation Agreement;
- that Haiti does not currently apply minimum values and does not intend to apply minimum
values following implementation of the Customs Valuation Agreement;
                                                     
1 Adopted in accordance with the Decision-Making Procedures under Articles IX and XII of the WTO
Agreement agreed by the General Council (WT/L/93).
2 Annex.WT/L/439
Page 2
- that Haiti will implement and apply by 30 January 2003 Paragraph 2 of the Decision on the
Valuation of Carrier Media Bearing Software for Data Processing Equipment3;
- that Haiti does not use or plan to use preshipment inspection services in customs
administration and valuation;
- Haiti’s indication that this would be a single request for a waiver to delay its implementation
of the Customs Valuation Agreement;
Having regard to  the Guiding Principles to be followed in considering applications for
waivers adopted on 1 November 19564 the Understanding in Respect to Waivers of Obligations under
the General Agreement on Tariffs and Trade 1994, and paragraphs 3 and 4 of Article IX of theMarrakesh Agreement Establishing the World Trade Organization;
Acting  pursuant to the provisions of paragraph 3 of Article IX of the WTO Agreement,
Decides , in view of the exceptional circumstances set out above, that:
1. Subject to the terms and conditions set out hereunder, the obligations under the WTO
Agreement on Customs Valuation shall be waived for Haiti from 30 January 2001 to 30 January 2003.
2. The Government of Haiti shall report to the Council for Trade in Goods by 31 March 2002
and 31 October 2002 on the progress in fulfilling the work program in the Annex and the status of its
implementation of the WTO Agreement on Customs Valuation, as well as the terms and conditions of
this waiver.
3. This waiver shall not prejudice the rights and obligations of Haiti under the WTO
Agreements, in particular those rights and obligations under the Agreement on Customs Valuation.
                                                     
3 G/VAL/5.
4 L/532.WT/L/439
Page 3ANNEX
PROGRAMME OF WORK AND ACTIVITIES FOR THE PERIOD 2001 TO 2003
(Implementation of Article VII of the GATT 1994)
Objective Activity Period Needs Aim Agency
responsible
Customslegislation and
procedureUpdating of customs
legislation and
administrativeproceduresJuly 2001
December 2002Adapting the national customs legislation
and procedures to the WTO Agreement
on Customs Valuation.Customs
Working party Establishment of a
working party consisting
of representatives from
the ministries and
sectors concernedJanuary 2001
June 2001Recommendations for the implementation
of the Agreement from all the sectors
concerned.Ministry of
Finance,
Customs /
Ministry of Trade
Training Training of valuation
officers and  staff in
generalJuly 2001
January 2003Attending training courses and seminars
on customs valuation, organized mainly
by the WCO.  Setting up of programmesdesigned for customs administration
officials.Capacity building of
officialsWTO
WCO
French CustomsENDH
(National
Customs
Training
College)
PracticalinfrastructureOrganization of
valuationJanuary 2002
June 2002Recruitment of officers for the creation of
an investigation service.- Establishment of local valuation units.
- Restructuring of the post clearance
control service.  Installation of a value
index in all customs offices.Modernization of the
service responsible forvaluation. Use of
information
technology.Customs
Database on values
and customs fraudCreation of a database July 2002
January 2003Combating customs fraud.  Risk
assessment, targeting.Database on values Customs
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