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WTO analytical index: MARRAKESH AGREEMENT
Marrakesh Agreement Establishing the World Trade Organization

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The texts reproduced here do not have the legal standing of the original documents which are entrusted and kept at the WTO Secretariat in Geneva.

> Preamble
> Article I
> Article II

> Article III
> Article IV
> Article V
> Article VI

> Article VII
> Article VIII
> Article IX
> Article X
> Article XI
> Article XII

> Article XIII
> Article XIV
> Article XV
> Article XVI

> Explanatory notes
> Declaration on the contribution of the World Trade Organization to achieving greater coherence in global economic policymaking
>
Declaration on the relationship of the World Trade Organization with the International Monetary Fund
>
Decision on the acceptance of and accession to the agreement establishing the World Trade Organization
>
Decision on measures in favour of least-developed countries
>
Understanding in respect of waivers of obligations under the General Agreement on Tariffs and Trade 1994
> Accessions under Article XXXIII
>
Annex A – WTO membership
>
Annex B – WTO observers

> Analytical Index main page


Table of contents back to top
  
I. Preamble back to top

A. Text of Preamble
B.
Interpretation and application of the Preamble

1. Legal relevance of Preamble

II. Article I back to top

A. Text of Article I
B.
Interpretation and application of Article I

1. Paragraph 1

III. Article II back to top

A. Text of Article II
B.
Interpretation and application of Article II

1. Paragraph 1
2. Paragraph 2

(a) Single treaty instrument

3. Paragraph 3
4. Paragraph 4

IV. Article III  back to top

A. Text of Article III
B.
Interpretation and application of Article III

1. Paragraph 1
2. Paragraph 2
(a) “forum for further negotiations among its Members concerning their multilateral trade relations”
(b) “a framework for the implementation of the results of such negotiations, as may be decided by the Ministerial Conference”
  
3. Paragraph 3
4. Paragraph 4
5. Paragraph 5
(a) Cooperation with the IMF and the World Bank
(b) “with a view to achieving greater coherence in global policy-making”

V. Article IV back to top

A. Text of Article IV
B. Interpretation and application of Article IV

1. Paragraph 1 – Ministerial Conference

(a) Functions

(i) General
(ii) Working Group on the Relationship between Trade and Investment
(iii) Working Group on the Interaction between Trade and Competition Policy
(iv) Working Group on Transparency in Government Procurement
(v) Working parties on accession
(vi) Working Party on Preshipment Inspection

(b) “which shall meet at least once every two years”
(c) “decisions on all matters under any of the Multilateral Trade Agreements”
(d) “in accordance with the specific requirements for decision-making in this Agreement and in the relevant Multilateral Trade Agreements”
(e) Rules of procedure

2. Paragraph 2 – General Council

(a) Functions

(i) General
(ii) Circulation and derestriction of documents

(b) Adoption of rules of procedure

(i) For General Council
(ii) For committees provided for in paragraph 7

3. Paragraph 3 – Dispute Settlement Body

(a) Functions
(b) Rules of procedure

4. Paragraph 4 – Trade Policy Review Body

(a) Functions

(i) Country reviews

(b) Rules of procedure for the Trade Policy Review Body
(c) “shall convene as appropriate to discharge the responsibilities of the Trade Policy Review Body”

5. Paragraph 5 – Councils

(a) Council for Trade in Goods

(i) Functions
(ii) Rules of procedure

(b) Council for Trade in Services

(i) Functions
(ii) Rules of procedure

(c) Council for Trade-Related Aspects of Intellectual Property Rights

(i) Functions
(ii) Rules of procedure

6. Paragraph 6 – subsidiary bodies to councils

(a) Subsidiary bodies of the Council for Trade in Goods

(i) General
(ii) Working Party on State Trading Enterprises
(iii) Working Group on Notification Obligations and Procedures
(iv) Working parties regarding regional trade agreements

(b) Approval of rules of procedure of subsidiary bodies of the Council for Trade in Goods
(c) Subsidiary bodies of the Council for Trade in Services

(i) General

(d) Subsidiary bodies of the Council for Trade-Related Aspects of Intellectual Property Rights

7. Paragraph 7 – committees established by Ministerial Conference or General Council

(a) General
(b) Committee on Trade and Development

(i) Establishment and terms of reference
(ii) Rules of procedure and observer status
(iii) Reporting
(iv) Activities
(v) Reference to GATT practice

(c) Committee on Balance-of-Payments Restrictions

(i) Establishment and terms of reference
(ii) Rules of procedure
(iii) Reporting

(d) Committee on Budget, Finance and Administration

(i) Establishment and terms of reference
(ii) Rules of procedure
(iii) Reporting

(e) Committee on Market Access

(i) Establishment and terms of reference
(ii) Rules of Procedure
(iii) Reporting
(iv) Activities

(f) Committee on Trade and Environment

(i) Establishment and terms of reference
(ii) Rules of procedure
(iii) Reporting

(g) Committee on Regional Trade Agreements

(i) Establishment and terms of reference
(ii) Rules of procedure
(iii) Reporting
(iv) Activities

8. Paragraph 8 – bodies under Plurilateral Trade Agreements

(a) International Dairy Council
(b) International Meat Council
(c) Committee on Trade in Civil Aircraft
(d) Committee on Government Procurement

VI. Article V back to top

A. Text of Article V
B. Interpretation and application of article V

1. Paragraph 1

(a) General
(b) The United Nations (UN)
(c) The World Intellectual Property Organization (WIPO)
(d) The International Monetary Fund (IMF) and the International Bank for Reconstruction and Development (World Bank)
(e) Office International des Epizooties (OIE)
(f) International Telecommunications Union (ITU)
(g) Observer status

2. Paragraph 2

(a) Guidelines for Arrangements on Relations with Non-Governmental Organizations
(b) Procedure to provide observer capacity

VII. Article VI back to top

A. Text of Article VI
B. Interpretation and application of article VI

1. Paragraph 1
2. Paragraph 2

(a) Appointment of the Director-General
(b) “regulations setting out the powers, duties, conditions of service and term of office of the Director-General”

3. Paragraph 3

(a) Duties and conditions of service of the WTO Secretariat

4. Paragraph 4


VIII. Article VII
back to top

A. Text of Article VII
B. Interpretation and application of article VII

1. Paragraph 1

(a) “annual budget estimate”
(b) “financial statement”
(c) “recommendations” by the BFA Committee

2. Paragraph 2

(a) BFA Committee's proposal on financial regulations
(b) “the scale of contributions”

3. Paragraph 3

(a) Adoption of financial regulations

4. Paragraph 4

(a) Budget contributions of Members


IX. Article VIII
back to top

A. Text of Article VIII
B. Interpretation and application of article VIII

1. Genera1
2. Paragraph 4
3. Paragraph 5

(a) Headquarters Agreement
(b) Transfer of assets

X. Article IX back to top

A. Text of Article IX  
B. Interpretation and Application of Article IX

1. Paragraph 1
2. Paragraph 2  

(a) exclusive authority to adopt interpretations
(b) requests for authoritative interpretations

3. Paragraph 3

(a) Decision-making procedures
(b)
Waivers

4. Paragraph 4
5. Table of waivers granted under Article IX

(a) Waivers concerning the Harmonized System
(b) Waivers concerning Regional Trade Agreements
(c) Other waivers

6. Paragraph 5

XI. Article X back to top

A. Text of Article X
B. Interpretation and application of article X

1. Paragraph 1
2. Paragraph 8

(a) Member proposals to amend the Multilateral Trade Agreements of Annexes 2 and 3

3. Paragraph 9

(a) Additions of Plurilateral Trade Agreements
(b) Deletions of Plurilateral Trade Agreements

4. Paragraph 10

(a) Amendment of Plurilateral Agreements

XII. Article XI  back to top

A. Text of Article XI
B. Interpretation and application of article XI

1.General

(a) Members
(b) Observer status

2. Paragraph 1

(a) Original Members

3. Paragraph 2

(a) Least-developed country commitments

XIII. Article XII  back to top

A. Text of Article XII
B. Interpretation and application of article XII

1. General

(a) Observer status of applicants for accession
(b) Succession of working parties for accession to GATT 1947

2. Paragraph 1
3. Paragraph 2

(a) Decision-making procedures

(b)
Working parties on accession

(i) Establishment
(ii) Terms of reference

(c) WTO accessions

4. Paragraph 3

(a) Agreement on Government Procurement
(b) Other Plurilateral Trade Agreements

XIV. Article XIII back to top

A. Text of Article XIII
B. Interpretation and application of article XIII

1. Paragraph 1

(a) Invocation and revocation of non-application

XV. Article XIV back to top

A. Text of Article XIV
B. Interpretation and application of article XIV

1. Transition from GATT 1947 to WTO
2. Paragraph 1

(a) Date of entry into force of the WTO Agreement

3. Paragraph 3

(a) Notifications of acceptance of the WTO Agreement

(i) Acceptance before 1 January 1995
(ii) Acceptance after 1 January 1995

4. Paragraph 4

(a) Acceptance of the Plurilateral Trade Agreements

XVI. Article XV  back to top

A. Text of Article XV
B. Interpretation and application of article XV

1. Paragraph 1
2. Paragraph 2

XVII. Article XVI back to top

A. Text of Article XVI
B. Interpretation and application of article XVI

1. Paragraph 1

(a) “the decisions, procedures and customary practices followed by the CONTRACTINGPARTIES to GATT 1947”

(i) General
(ii) Status of adopted reports
(iii) Panel findings not appealed

(b) Meaning of Article XVI:1

(i) General
(ii) Relationship with Paragraph 1(b) of GATT 1994

2. Paragraph 2

(a) First Director-General of the WTO

3. Paragraph 3
4. Paragraph 4

(a) General
(b) “laws, regulations and administrative procedures”

5. Paragraph 5

(a) Reservations to the Multilateral Trade Agreements
(b) Reservations to Plurilateral Agreements

6. Paragraph 6

(a) Registration of the Agreement in accordance with Article 102 of the United Nations Charter

XVIII. Explanatory notes back to top

A. Text of Explanatory Notes
B. Interpretation and Application of the Explanatory Notes

XIX. Declaration on the contribution of the World Trade Organization to achieving greater coherence in global economic policymaking  back to top

A. Text
B. Interpretation and Application

XX. Declaration on the relationship of the World Trade Organization with the International Monetary Fund back to top

A. Text
B. Interpretation and Application

XXI. Decision on the acceptance of and accession to the agreement establishing the World Trade Organization back to top

A. Text
B. Interpretation and Application

XXII. Decision on measures in favour of least-developed countries back to top

A. Text
B. Interpretation and Application

XXIII. Understanding in respect of waivers of obligations under the General Agreement on Tariffs and Trade 1994 back to top

A. Text
B. Interpretation and Application

XXIV. Accessions under Article XXXIII back to top

XXV. Annex A – WTO membership back to top

XXVI. Annex B – WTO observers back to top

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