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LDC flexibilities concerning notification obligations
The Uruguay Round Agreements included several notification obligations, reflecting the WTO principle of transparency. Recognising the challenges that some of these obligations may pose on Least-Developed Countries (LDCs), some of these Agreements include flexibilities for this sub-group of Members. While some of them were temporary in nature and have been phased-out over past years, others remain in place. The table below provides a guide to whether the notification requirements in the relevant Agreements provide flexibilities for LDCs and explains those that are currently in force.
The WTO Secretariat regularly provides assistance to Members, upon request, in their compliance of all notification obligations. The information and format for these notifications varies according to the Agreement and their subject matter. For questions and assistance regarding the submission of notifications, please see the section Submit a notification.
| AGREEMENT | LDC-SPECIFIC NOTIFICATION FLEXIBILITIES |
|---|---|
| Goods | |
| Agreement on Agriculture (AG) | Notification frequency for the annual Domestic Support Notification (Table DS:1): LDCs may notify "every two years". See document G/AG/2. |
| Agreement on Implementation of Article VI of the GATT 1994 (Anti‑Dumping Agreement - ADP) | None |
| Agreement on Customs Valuation (VAL) and Preshipment Inspection ( PSI) | None |
| Agreement on Import Licensing Procedures (LIC) | None |
| Agreement on Rules of Origin (RO) | None |
| Agreement on Safeguards (SG) | None |
| Agreement on Subsidies and Countervailing Measures (SCM) | None |
| Agreement on Technical Barriers to Trade (TBT) | None |
| Agreement on the Application of Sanitary and Phytosanitary Measures (SPS) | Expired: Five-year delay for LDCs on their application of provisions of the SPS Agreement (from its adoption) with respect to their SPS measures affecting imported products, including notification obligations. (SPS Agreement, Article 14) |
| Agreement on Trade Facilitation (TFA) | The date from which the Member has the obligation to submit notifications pursuant to Article 1.4 of the TFA, is subject to the Category that was assigned to the measure by the Member and its date of definitive implementation. For more information on specific commitments by Members, see the WTO TFA Database. |
| Agreement on Trade-Related Investment Measures (TRIMs) | Expired: Extended deadline (2020) for LDCs to notify new and existing TRIMS (HK Ministerial Declaration (WT/MIN(05)/DEC), Annex F, para. 84). |
| Balance of Payments (BOP) | None |
| Integrated Database (IDB) Notifications | None |
| Quantitative Restrictions (QR) Decision | None |
| Regional Trade Agreements (RTAs) | None regarding notifications. All Members are to notify RTAs "as soon as possible". Developing countries, which include LDCs, have an additional time for the complementary submission of data to the Secretariat, in the case of RTAs involving only developing countries (20 weeks instead of ten weeks from the time of the RTA notification) (WT/L/671, para. 8). Regarding this data, they also receive assistance by the WTO Secretariat, upon request, especially LDCs, "in particular – but not limited to - with respect to the preparation of RTA-related data and other information to be submitted to the WTO Secretariat." (WT/L/671, para.19) and due consideration should be given to the technical constraints regarding data requirements for RTAs "involving only developing countries, in particular when these comprise least-developed countries." (WT/L/671, Annex, para. 4) |
| State Trading Enterprises (STR) | None |
| Transparency Mechanism for Preferential Trade Agreements (PTA TM) |
|
| Services | |
| General Agreement on Trade in Services (GATS) | None |
| Intellectual property | |
| Agreement on Trade‑Related Aspects of Intellectual Property Rights (TRIPS) | The ongoing notification obligations under the TRIPS Agreement featured on this portal apply to all Members except LDCs entitled to use the transitional period of Article 66.1. |
| Others | |
| Agreement on Government Procurement (GPA) | None and no LDC party to date (May 2022). Upon joining the GPA, developing country Members (including LDCs) can negotiate a temporary exception for up to 5 years (so called delayed application under Article V) that could extend to notification obligations, contingent on an agreement with GPA Parties. |