|Free Trade Area of the Americas - FTAA|
FTAA - COMMITTEE
OF GOVERNMENT REPRESENTATIVES ON THE PARTICIPATION OF
CONTRIBUTION IN RESPONSE TO THE OPEN AND ONGOING INVITATION
SUBSIDIES, ANTIDUMPING AND COUNTERVAILING DUTIES WORKSHOP DRAFT
The workshop worked within the framework of the core issues agreed in prior fora, and reiterated:
1- The private sector, subject and engine of international businesses, has to have deeper active participation in relation to the decision making of Governments in the negotiation, implementation and application processes of the FTAA.
2- The WTO should be the mandatory reference framework for the FTAA countries, so that their regulatory rules in terms of subsidies, dumping and countervailing duties be complied with in ah the identification, investigation and sanction procedures related to unfair trade practices. 1
3- Transparency in the negotiations, rules and procedures of the FTAA is the essential element for the participation and success of the management of the private sector.
1 - The agreement must establish concrete means to assure the elimination of all the trade subsidies.
2- The term for elimination of subsidies not permitted by the WTO shall not exceed the tariff elimination.
3- Ministers must undertake to intensify the disciplines in relation to the elimination of subsidies.
4- The FTAA tariff elimination should not favor those countries which do not apply the WTO rules on Subsidies, Antidumping and Countervailing Duties.
5- Create a data base for individual's access and qualification for the countries using trade--distorting measures.
6- Establish procedures to conduct the legal proceedings against a third member country whose exports, with dumping, subsidies or both with no domestic product which is equivalent or similar and covers the demand, endanger exports of another member country towards such market.
7- Avoid that the proceedings intended to determine the existence of dumping and of injury or threat of injury be used as undue protection measures.
8- Assure that the rules applying the Subsidies, Antidumping and Countervailing Duties Standards guarantee to the involved parties the possibility to submit their points of view (Strengthens the Recommendations 1 and 7 approved in Toronto in 1999).
9- Recommend the creation of national courts as set forth in Article 13 of the WTO Agreement on Antidumping for those members who have not yet so created.
10- Any divergence in relation to the interpretation or application of the agreement should be solved pursuant to the proceedings set forth in the dispute settlement chapter of the FTAA.
11-No imposition of countervailing duties when such measure is based upon subsidies granted by governments to the companies which have been under the state control and have been or are privatized pursuant to the free competition rules.
12- We have decided to create a commission to propose upon an agreed basis measures which improve the agreements on Antidumping and Countervailing Duties within the FTAA for their intra-regional application within the framework of the WTO and the possible amendments to the consideration of such organization.
BUSINESS FACILITATION MEASURES
The above-mentioned recommendations are also considered business facilitation measures.
The recommendations that follow were not unanimously approved by the participants.
1 - Establish a consultation regime
prior to the adoption of rules against unfair practices which facilitate
Authorities of the Workshop
Chairman: Francisco Mendoza L.
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