Notification requirements

This section of the Handbook on Notification Requirements covers the notification obligations under the ARTICLE XVII OF GATT 1994 AND THE WTO UNDERSTANDING ON THE INTERPRETATION OF ARTICLE XVII OF GATT 1994 (STATE TRADE ENTERPRISES). It consists of the following six parts:

PART 1 | IN BRIEF
PART 2 | OVERVIEW OF NOTIFICATION REQUIREMENTS
PART 3 | LISTING OF THE NOTIFICATION OBLIGATIONS
PART 4 | RELEVANT DOCUMENT(S) CONCERNING GUIDELINES AND FORMATS
PART 5 | LIST OF NOTIFICATIONS SINCE 1995
PART 6 | TEXT OF THE LEGAL PROVISIONS

For Members which acceded pursuant to Article XII of the Marrakesh Agreement, their respective Protocols of Accession may contain notification obligations in addition to those set out in the WTO Agreements, and may govern the deadlines for the submission of their initial notifications.

PART 1 | IN BRIEF

• Members are required to notify their state trading enterprises every two years, by 30 June of each even year for the previous two calendar years (for example, by 30 June 2022 for the years 2020 and 2021).
• Members having mantained one or more state trading enterprises during the biennial notification period should notify them using the template in G/STR/3/Rev.1.
• Members having maintained no such state trading enterprise during the biennial notification period are also required to make a notification, simply indicating that they have not maintained any state trading enterprises during the covered period.
• The enterprises that must be notified are those falling within the following definition: "Governmental and non-governmental enterprises, including marketing boards, which have been granted exclusive or special rights or privileges, including statutory or constitutional powers, in the exercise of which they influence through their purchases or sales the level or direction of imports or exports" of goods https://www.wto.org/english/docs_e/legal_e/08-17_e.htm#1.
• Notifications must be emailed to CRN@wto.org.
• Members are welcome to send enquiries about how to notify to steworkingparty@wto.org.

PART 2 | OVERVIEW OF NOTIFICATION REQUIREMENTS

WHAT MUST BE NOTIFIED?

Members are to notify all state trading enterprises in accordance with the definition provided in paragraph 1 of the WTO Understanding on Article XVII. Enterprises of the kind described in paragraph 1 cover governmental and non-governmental enterprises, including marketing boards, which have been granted exclusive or special rights or privileges, in the exercise of which they influence through their purchases or sales the level or direction of imports or exports.

WHICH MEMBERS MUST NOTIFY?

The notification requirement under Article XVII applies to all Members, whether or not a Member maintains state trading enterprises in accordance with the definition provided in paragraph 1 of the WTO Understanding on Article XVII, and whether or not any state trading enterprises have engaged in trade during the period under review.

WHEN TO NOTIFY?

A call for notifications is issued every two years by a proposed deadline (normally 30 June of that year). For acceding countries, the deadlines for the submission of their notifications will be governed by their respective Protocols of Accession.

HOW TO NOTIFY?¹

Notifications should be made to the Working Party on State Trading Enterprises using the format adopted by that Working Party (G/STR/3/Rev.1). Notifications should enable a clear understanding of the manner of operation of the enterprises notified and the effect of their operations on international trade.

Members that maintained no state trading enterprises during the biennial notification period (e.g. 2020-2021 for notifications due by 30 June 2022) are simply required to notify that they did not maintain any state trading enterprise during that period. This is referred to as a "nil notification".

Members may find it useful to consult the Illustrative List of relationships between governments and state trading enterprises and the kinds of activities engaged in by these enterprises (G/STR/4) in preparing their notifications. The Illustrative List does not represent a definition of what constitutes a state trading enterprise but reflects the past practice of individual Members.

For notifications due by 30 June 2022, see also G/STR/N/19.

PART 3 | LISTING OF THE NOTIFICATION OBLIGATIONS

PART 4 | RELEVANT DOCUMENT(S) CONCERNING GUIDELINES AND FORMATS

Questionnaire on State Trading (Notifications under Article XVII:4(a) of GATT 1994) G/STR/3/Rev.1.

PART 5 | LIST OF NOTIFICATIONS SINCE 1995

LIST OF NOTIFICATIONS UNDER ARTICLE XVII: 4(a) OF GATT 1994

Notifications under Article XVII: 4 (a).

Further information on the status of state trading notifications since 1995 is set out in document G/STR/27.

PART 6 | TEXT OF THE LEGAL PROVISIONS

Text of Article XVII of the General Agreement on Tariffs and Trade 1994.

WTO Understanding on the Interpretation of Article XVII of the General Agreement on Tariffs and Trade 1994 LT/UR/A-1A/1/GATT/U/2.

Notes

¹ All notifications, regardless of their subject content or the requirement under which they are being submitted, must be directed to the administrator of the Central Registry of Notifications (CRN), as indicated in document WT/INF/25/Rev.2. Notifications may be submitted through online submission systems, as electronic attachments to emails or on paper. As it may be practice, a copy of the notification may be sent to the Secretariat unit substantially handling the notification.

² All notifications, regardless of their subject content or the requirement under which they are being submitted, must be directed to the administrator of the Central Registry of Notifications (CRN), as indicated in document WT/INF/25/Rev.2. Notifications may be submitted through online submission systems, as electronic attachments to emails or on paper. As it may be practice, a copy of the notification may be sent to the Secretariat unit substantially handling the notification.