   
  
WT/L/1070  
 
17 October 2019 
(19-6772) Page: 1/4 
   
 
UNITED STATES – CARI BBEAN BASIN ECONOMIC  RECOVERY ACT  
RENEWAL OF WAIVER  
Decision of 16 October  20191 
The General Council,  
 
 Conducting  the function of the Ministerial Conference in the interval between meetings 
pursuant to paragraph  2 of Article  IV of the WTO  Agreement;  
 
Having regard to  paragraphs  1, 3 and 4 of Article  IX of the Marrakesh Agreement Establishing 
the World Trade Organizat ion (the "WTO Agreement"), the Guiding Principles to be followed in 
considering applications for waivers adopted on 1  November  1956 (BISD  5S/25), and the 
Understanding in Respect to Waivers of Obligations under the General Agreement on Tariffs and 
Trade  1994 (the "Understanding");  
 
Taking note of the request of the United States, pursuant to paragraph  3 of Article  IX of the 
WTO Agreement, to extend the existing waiver2 of its obligations under paragraph  1 of Article  I of 
the General Agreement on Tariffs and  Trade 1994 (GATT  1994) and paragraphs  1 and 2 of 
Article  XIII of the GATT  1994 to permit the United States to provide duty -free treatment to eligible 
products originating in beneficiary Central American and Caribbean countries and territories 
("beneficiar y countries ") designated pursuant to the provisions of the Caribbean Basin Economic 
Recovery Act of 1983, as amended by the Caribbean Basin Economic Recovery Expansion Act of 
1990 (CBERA), by extending the waiver through 30  September  2025 to the extent necessary for the 
United States to provide preferential tariff treatment to eligible products originating in beneficiary 
countries designated pursuant to the provisions of the CBERA, as amended by the United States -
Caribbean Basin Trade Partnership Act, the Haitian Hemispheric Opportunity through Partnership 
Encouragement Act of 2006, the Haitian Hemispheric Opportunity through Partnership 
Encouragement Act of 2008, the Haitian Economic Lift Program Act of 2010 ( "CBERA as amended ") 
and the Trade Pref erences Extension Act of 2015;  
 
Bearing in mind  the Ministerial Decision on Measures in Favour of Least -Developed Countries, 
adopted in Marrakesh on 15  April 1994;  
 
Bearing in mind  also the 1979  Decision on Differential and More Favourable Treatment, 
Recip rocity and Fuller Participation of Developing Countries and the 1994  Decision on Measures in 
Favour of Least -Developed Countries;  
 
Bearing in mind  also that the CONTRACTING PARTIES of the GATT  1947 granted the United 
States a waiver of obligations under paragraph  1 of Article  I on 15 February  19853, for the period 
from 1  January  1984 through 30  September  1995, and that Members extended the waiver on  
15 November  19954 in respect of paragraph  1 of Article  I of the GATT  1994 through 
30 September  2005, on 29  May 20095 through 31  December  2014, and that Members extended the 
                                                
1 Adopted in accordance with the Decision -Making Procedures under Article  IX of the WTO  Agreement 
agreed by the General Council in November  1995 (WT/L/93).  
2 Document  WT/L/753.  
3 (BISD  31S/20).  
4 WT/L/104.  
5 WT/L/753.  WT/L/1070  
 
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  waiver in respect of paragraph  1 of Article  I of the GATT  1994 and expanded the wa iver to cover 
paragraphs  1 and 2 of Article  XIII of the GATT  1994 on 5  May 2015 through 31  December  2019, to 
the extent necessary for the United States to provide duty -free treatment for imports of eligible 
products originating in beneficiary countries des ignated pursuant to the provisions of the CBERA;  
 
Considering  that the United States -Caribbean Basin Trade Partnership Act (CBTPA), the 
Haitian Hemispheric Opportunity through Partnership Encouragement Act of 2006, the Haitian 
Hemispheric Opportunity throu gh Partnership Encouragement Act of 2008, and the Haitian Economic 
Lift Program Act of 2010 expand the preferences the United States extends under the CBERA;  
 
Considering  further the exceptional situation of the CBERA and CBTPA  beneficiary countries, 
and t he stated objective of the CBERA as amended to assist the trade and economic development 
and recovery of Caribbean Basin countries by encouraging the expansion of productive capacity in 
those countries in response to more liberal access and to new trading opportunities;  
 
Considering  further that the preferential treatment provided for under the CBERA as amended 
is designed to promote the expansion of trade and economic development of beneficiary countries 
in a manner consistent with the objectives expressed  in paragraphs  1, 2, and 3 of the Preamble to 
the WTO  Agreement;  
 
Considering  further that the preferential treatment provided under the CBERA as amended 
will not alter benefits provided under the US  Generalized System of Preferences to other developing 
countries;  
 
Considering , moreover, that the duty -free treatment provided under CBERA should not 
prejudice the interests of other Members not benefiting from such treatment, and that it is expected 
that the extension of such duty -free treatment will not cause  a significant diversion of United States 
imports of products eligible under CBERA originating in Members who are not beneficiary countries;  
 
Considering that the duty -free treatment provided under CBERA by the United States 
Government shall not constitute  an impediment to the reduction or elimination of tariffs and other 
restrictions to trade on a most -favoured -nation basis;  
 
Noting  the assurances given by the United States that it will promptly enter into consultations, 
on request, with any interested Mem ber with respect to any difficulty or matter that may arise as a 
result of the preferential treatment provided under the CBERA as amended;  
 
Decides , in view of these exceptional circumstances, as follows:  
 
1. Subject to the terms and conditions set out hereunder, paragraph  1 of Article  I and 
paragraphs  1 and 2 of Article  XIII of the GATT  1994 shall be waived through 3 0 September  2025, 
to the extent necessary to permit the United States to provide preferential tariff treatment to eligible 
products origina ting in beneficiary countries designated pursuant to the provisions of the CBERA as 
amended.  
 
2. The United States shall submit to the General Council an annual report on the implementation 
of the trade -related provisions of the CBERA with a view to facili tating the annual review provided 
for in paragraph  4 of Article  IX of the WTO  Agreement. The United States shall promptly notify the 
General Council of any trade -related measure taken under CBERA, in particular, any changes in the 
designation of beneficiar y countries, as well as any modification being considered in the list of eligible 
products and the duty -free treatment thereof, and shall furnish it with all the information it may 
deem appropriate relating to such action. The United States shall consult w ith regard to any 
modification being considered in the list of eligible products.  
 
3. Such duty -free treatment shall be designed to facilitate and promote the trade of beneficiary 
countries and not to raise barriers to or create undue difficulties for the trade of any other Members.  
 
4. The United States shall promptly enter into consultations, on request, with any interested 
Member with respect to any difficulty or matter that may arise as a result of the preferential 
treatment provided under the CBERA as amended. If a Member considers that any benefit accruing 
to it under the GATT  1994 may be or is being impaired unduly as a result of such implementation, 
such consultation shall examine the possibility of action for a satisfactory resolution of the matter.  WT/L/1070  
 
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  5. This Decision does not affect Members ' rights as set forth in the Understanding in Respect of 
Waivers of Obligations under the GATT  1994.  
 
_______________  
 
 
 
  WT/L/1070  
 
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  ANNEX  I 
 
PUBLIC LAW 114 -27 
 
Trade Preferences Extension Act of 2015  
 
TITLE  III--EXTENSION OF PREFERENTIAL DUTY TREATMENT PROGRAM FOR HAITI  
 
SEC. 301. EXTENSION OF PREFERENTIAL DUTY TREATMENT PROGRAM FOR HAITI.  
 
Section  213A of the Caribbean Basin Economic Recovery Act (19 U.S.C.  2703a) is amended as 
follows:  
 
(1) Subsection  (b) is amended as follows:  
 (A) Paragraph  (1) is amended -- 
 (i) <<NOTE: Time periods.>> in subparagraph (B)(v)(I), by amending item  (cc) to read 
as follows:  
 
"(cc) 60 percent or more during the 1 -year period beginning on December  20, 2017, 
and each of the 7 succeeding 1 -year periods."; and  
 
(ii) in subparagraph (C) -- 
(I) in the table, by striking "succeeding 11  1-year periods " and inserting 
"16 succeeding 1 -year periods "; and  
 
(II) by striking "December  19, 2018 " and inserting "December  19, 2025 ". 
 
  (B) Paragraph  (2) is amended -- 
 (i) in subparagraph  (A)(ii), by striking "11 succeeding 1 -year periods " and 
inserting "16 succeeding 1 -year periods "; and  
 
 (ii) in subparagraph  (B)(iii), by striking "11 succeeding 1 -year periods " and  
 inserting "16 succeeding 1-year periods ". 
 
(2) Subsection  (h) is amended by striking "September  30, 2020 " and inserting "September  30, 
2025". 
 
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