PREPARATORY COMMITTEE PC/9 
FOR THE L/7580 
WORLD TRADE ORGANIZATION 13 December 1994 
(94-2767) 
IMPLEMENTATION CONFERENCE 
8 DECEMBER 1994 
TRANSITIONAL ARRANGEMENTS: 
TRANSFER AGREEMENT BETWEEN GATT 1947. ICITO AND THE WTO 
Decision of 8 December 1994 adopted by the Preparatory Committee for the WTO. 
the CONTRACTING PARTIES to GATT 1947 and the Executive Committee of ICITO 
The PREPARATORY COMMITTEE FOR THE WORLD TRADE ORGANIZATION 
Decides to authorize the Chairman of the Preparatory Committee of the World Trade Organization 
to accept the Agreement set out in the Annex to this decision and 
Invites the CONTRACTING PARTIES to the GATT 1947 and the Executive Committee of the Interim 
Commission of the International Trade Organization to authorize, respectively, the Chairman of the 
CONTRACTING PARTIES to the GATT 1947 and the Executive Secretary of the Interim Commission 
of the International Trade Organization to accept the Agreement set out in the Annex to this decision. PC/9 
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ANNEX 
Agreement on 
the Transfer of Assets, Liabilities, Records, Staff and Functions 
from the Interim Commission of the International Trade Organization 
and the GATT to the World Trade Organization1 
The CONTRACTING PARTIES to the General Agreement on Tariffs and Trade (hereinafter referred 
to as the "GATT 1947"), the Executive Committee of the Interim Commission of the International 
Trade Organization (hereinafter referred to as the "ICITO") and the Preparatory Committee for the 
World Trade Organization (hereinafter referred to as the "Preparatory Committee"), 
Noting that: 
Articles VI: 1 and XVI:2 of the Marrakesh Agreement Establishing the World Trade Organization 
(hereinafter referred to as the "WTO Agreement") provide that there shall be a Secretariat of 
the WTO and that, to the extent practicable, the Secretariat of the GATT 1947 shall become 
the Secretariat of the WTO; 
the duties of the Secretariat of the GATT 1947 are presently being performed by the staff of 
the ICITO; 
the Director-General of the WTO, according to Article VI:3 of the WTO Agreement, will be 
able to appoint the members of the staff of the WTO Secretariat only after the Ministerial 
Conference or General Council of the WTO has adopted regulations governing the duties and 
conditions of service of the staff; 
Recalling that paragraph 8 (a) of the Ministerial Decision on the Establishment of the Preparatory 
Committee adopted on 14 April 1994 authorizes the Preparatory Committee to take, as appropriate, 
decisions in advance of the establishment of the WTO, inter alia, on financial regulations, the budget 
estimates for the first year of operation of the WTO, the transfer of the property of the ICITO and 
the GATT 1947 to the WTO, and the terms and conditions of the transfer of ICITO staff to the Secretariat 
of the WTO; 
Agree as follows: 
1. As from the date of entry into force of the WTO Agreement, all assets and liabilities of the 
GATT 1947 and the ICITO shall be assets and liabilities of the WTO. The assets and liabilities of 
the GATT 1947 and the ICITO shall include the assets held and the liabilities incurred in the name 
of ICITO/GATT. 
2. The Director-General of the WTO, acting in accordance with the provisions of Articles VI:3 
and XVI:2 of the WTO Agreement, shall appoint the members of the staff of the Secretariat of the 
WTO on or before 30 June 1995, provided that the General Council of the WTO has adopted prior 
This Agreement, duly accepted and signed, has been further issued as document ICITO/1/39. PC/9 
L/7580 
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to that date regulations governing the duties and conditions of service of the members of the staff of 
the WTO Secretariat, including regulations on contract of employment policy, salaries and pensions. 
3. The staff of the ICITO shall perform the duties of the Secretariat of the WTO until the 
appointment of the staff of the Secretariat of the WTO. The staff of the ICITO shall continue to perform 
the duties of the GATT 1947 Secretariat and those of the Secretariat of the bodies established under 
the Tokyo Round Agreements until the appointment of the staff of the Secretariat of the WTO; thereafter 
these duties shall be performed by the Secretariat of the WTO. 
4. The ICITO is herewith dissolved as of the date on which the members of the Secretariat of 
the WTO are appointed. On that date the records of the ICITO shall be transferred to the WTO. 
5. The Director-General of the WTO shall perform the depositary functions of the Director-General 
of the GATT 1947 after the date on which the legal instruments through which the contracting parties 
apply the GATT 1947 are terminated. On that date the records of the GATT 1947 shall be transferred 
to the WTO. 
6. There shall be a common budget for the GATT 1947 and the WTO from the date of entry 
into force of the WTO Agreement until the date as of which the legal instruments through which the 
contracting parties apply the GATT 1947 are terminated. During that period the basis for assessment 
of the contracting parties to the GATT 1947, of the Members of the WTO and of contracting parties 
that are also Members of the WTO shall be the same, and a single payment to the WTO shall be due 
by all contracting parties to the GATT 1947 and Members of the WTO. 
7. The Director-General of the GATT 1947 and, after the date of the entry into force of the WTO 
Agreement, the Director-General of the WTO are herewith authorized to take, in consultation with 
the Committees on Budget, Finance and Administration of the GATT 1947 and the WTO, the necessary 
actions to adjust the contractual arrangements of the ICITO and of the GATT 1947, including the 
arrangements on financial and personnel matters, to the changes provided for under paragraphs 1 to 
6 above. 
8. This Agreement shall initially apply until the date of the first meeting of the General Council 
of the WTO. It shall remain in force beyond that date provided that it is approved by the General Council 
of the WTO. 
9. The text of this Agreement, done ina single copy, inthe English, French and Spanish languages, 
each text being authentic, shall be deposited with the Director-General of the GATT 1947. 
DONE at Geneva this ... day of December one thousand nine hundred and ninety-four. 
For the ICITO For the GATT 1947 For the Preparatory 
Committee 
Executive Secretary Chairman of the Chairman 
CONTRACTING 
PARTIES 