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1、Four short words sum up what has lifted most successful individuals above the crowd: a little bit more.-author-dateGATT1994中英GATT1994中英1994年关税与贸易总协定(英文版)GENERAL AGREEMENT ON TARIFFS AND TRADE 19941. The General Agreement on Tariffs and Trade 1994 (GATT 1994) shall consist of:(a) the provisions in th
2、e General Agreement on Tariffs and Trade, dated 30 October 1947, annexed to the Final Act Adopted at the Conclusion of the Second Session of the Preparatory Committee of the United Nations Conference on Trade and Employment (excluding the Protocol of Provisional Application), as rectified, amended o
3、r modified by the terms of legal instruments which have entered into force before the date of entry into force of the WTO Agreement;(b) the provisions of the legal instruments set forth below that have entered into force under the GATT 1947 before the date of entry into force of the WTO Agreement: (
4、i) protocols and certifications relating to tariff concessions; (ii) protocols of accession (excluding the provisions (a) concerning provisional application and withdrawal of provisional application and (b) providing that Part II of GATT 1947 shall be applied provisionally to the fullest extent not
5、inconsistent with legislation existing on the date of the Protocol); (iii) decisions on waivers granted under Article XXV of GATT 1947 and still in force on the date of entry into force of the WTO Agreement ;(iv) other decisions of the CONTRACTING PARTIES to GATT 1947;(c) the Understandings set fort
6、h below: (i) Understanding on the Interpretation of Article II:1(b) of the General Agreement on Tariffs and Trade 1994;(ii) Understanding on the Interpretation of Article XVII of the General Agreement on Tariffs and Trade 1994;(iii) Understanding on Balance-of-Payments Provisions of the General Agre
7、ement on Tariffs and Trade 1994;(iv) Understanding on the Interpretation of Article XXIV of the General Agreement on Tariffs and Trade 1994;(v) Understanding in Respect of Waivers of Obligations under the General Agreement on Tariffs and Trade 1994;(vi) Understanding on the Interpretation of Article
8、 XXVIII of the General Agreement on Tariffs and Trade 1994; and(d) the Marrakesh Protocol to GATT 1994. 2. Explanatory Notes(a) The references to contracting party in the provisions of GATT 1994 shall be deemed to read Member. The references to less-developed contracting party and developed contract
9、ing party shall be deemed to read developing country Member and developed country Member. The references to Executive Secretary shall be deemed to read Director-General of the WTO.(b) The references to the CONTRACTING PARTIES acting jointly in Articles XV:1, XV:2, XV:8, XXXVIII and the Notes Ad Arti
10、cle XII and XVIII; and in the provisions on special exchange agreements in Articles XV:2, XV:3, XV:6, XV:7 and XV:9 of GATT 1994 shall be deemed to be references to the WTO. The other functions that the provisions of GATT 1994 assign to the CONTRACTING PARTIES acting jointly shall be allocated by th
11、e Ministerial Conference.(c) (i) The text of GATT 1994 shall be authentic in English, French and Spanish.(ii) The text of GATT 1994 in the French language shall be subject to the rectifications of terms indicated in Annex A to document MTN.TNC/41.(iii) The authentic text of GATT 1994 in the Spanish
12、language shall be the text in Volume IV of the Basic Instruments and Selected Documents series, subject to the rectifications of terms indicated in Annex B to document MTN.TNC/41.3. (a) The provisions of Part II of GATT 1994 shall not apply to measures taken by a Member under specific mandatory legi
13、slation, enacted by that Member before it became a contracting party to GATT 1947, that prohibits the use, sale or lease of foreign-built or foreign-reconstructed vessels in commercial applications between points in national waters or the waters of an exclusive economic zone. This exemption applies
14、to: (a) the continuation or prompt renewal of a non-conforming provision of such legislation; and (b) the amendment to a non-conforming provision of such legislation to the extent that the amendment does not decrease the conformity of the provision with Part II of GATT 1947. This exemption is limite
15、d to measures taken under legislation described above that is notified and specified prior to the date of entry into force of the WTO Agreement. If such legislation is subsequently modified to decrease its conformity with Part II of GATT 1994, it will no longer qualify for coverage under this paragr
16、aph. (b) The Ministerial Conference shall review this exemption not later than five years after the date of entry into force of the WTO Agreement and thereafter every two years for as long as the exemption is in force for the purpose of examining whether the conditions which created the need for the
17、 exemption still prevail.(c) A Member whose measures are covered by this exemption shall annually submit a detailed statistical notification consisting of a five-year moving average of actual and expected deliveries of relevant vessels as well as additional information on the use, sale, lease or rep
18、air of relevant vessels covered by this exemption.(d) A Member that considers that this exemption operates in such a manner as to justify a reciprocal and proportionate limitation on the use, sale, lease or repair of vessels constructed in the territory of the Member invoking the exemption shall be
19、free to introduce such a limitation subject to prior notification to the Ministerial Conference.(e) This exemption is without prejudice to solutions concerning specific aspects of the legislation covered by this exemption negotiated in sectoral agreements or in other fora.UNDERSTANDING ON THE INTERP
20、RETATION OF ARTICLE II:1(b)OF THE GENERAL AGREEMENT ON TARIFFS AND TRADE 1994Members hereby agree as follows:1. In order to ensure transparency of the legal rights and obligations deriving from paragraph 1(b) of Article II, the nature and level of any other duties or charges levied on bound tariff i
21、tems, as referred to in that provision, shall be recorded in the Schedules of concessions annexed to GATT 1994 against the tariff item to which they apply. It is understood that such recording does not change the legal character of other duties or charges.2. The date as of which other duties or char
22、ges are bound, for the purposes of Article II, shall be 15 April 1994. Other duties or charges shall therefore be recorded in the Schedules at the levels applying on this date. At each subsequent renegotiation of a concession or negotiation of a new concession the applicable date for the tariff item
23、 in question shall become the date of the incorporation of the new concession in the appropriate Schedule. However, the date of the instrument by which a concession on any particular tariff item was first incorporated into GATT 1947 or GATT 1994 shall also continue to be recorded in column 6 of the
24、Loose-Leaf Schedules. 3. Other duties or charges shall be recorded in respect of all tariff bindings. 4. Where a tariff item has previously been the subject of a concession, the level of other duties or charges recorded in the appropriate Schedule shall not be higher than the level obtaining at the
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