THE MARRAKESH DECLARATION

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Agreement, Marrakesh, April 15, 1994.

IZPI's note!

The Marrakesh Declaration was posted in connection with the adoption of the Law of the Republic of Kazakhstan dated 12.10.2015 No. 356-V "On Ratification of the Protocol on the Accession of the Republic of Kazakhstan to the Marrakesh Agreement on the Establishment of the World Trade Organization dated April 15, 1994".

Ministers,

Representing 124 Governments and European Communities participating in the Uruguay Round of Multilateral Trade Negotiations, on the occasion of the final session of the Committee on Trade Negotiations at the ministerial level held in Marrakesh, Morocco, from April 12 to 15, 1994.,

Recalling the Ministerial Declaration adopted in Punta del Este, Uruguay, on 20 September 1986, with a view to launching the Uruguay Round of multilateral trade negotiations,

Recalling the progress made during the ministerial meetings held in Montreal, Canada, and Brussels, Belgium, in December 1988 and December 1990, respectively.,

Noting that most of the negotiations were concluded on December 15, 1993.,

Based on the desire to consolidate the success of the Uruguay Round by involving national economies in the global trading system based on an open, market-oriented economy and the commitments set out in the Agreements and Decisions of the Uruguay Round,

The following Declaration was adopted today:

DECLARATION

1. The Ministers welcome the historic achievement of completing the Round, which they believe will strengthen the global economy and serve to expand trade, investment, employment and income growth worldwide. In particular, they welcome:

— A stronger and clearer legal framework that they have adopted for international trade, including a more effective and reliable dispute settlement mechanism;

— A global tariff reduction of 40% and broader agreements opening up markets for goods, as well as greater predictability and reliability in the form of expanded tariff obligations, and

— Creation of a multilateral legal framework for rules in the field of trade in services and protection of trade-related intellectual property rights, as well as strengthened provisions of multilateral trade agreements in the fields of agriculture, textiles and clothing.

2. The Ministers affirm that the establishment of the World Trade Organization (WTO) heralds a new era in international economic cooperation, reflecting a broad commitment to work within a fairer and more open multilateral trading system for the well-being of all peoples. The Ministers express their determination to resist all kinds of protectionist tendencies. They believe that trade liberalization and stricter rules, which were agreed upon during the Uruguay Round, will lead to greater openness in trade. The Ministers immediately commit themselves, prior to the entry into force of the WTO Agreement, not to take any measures that could undermine or have an undesirable impact on the results of the Uruguay Round of negotiations or their implementation.

3. The Ministers reaffirm their determination to achieve greater harmonization of global trade policy, monetary and financial relations, including cooperation between the WTO, the IMF and the World Bank, carried out to this end.

4. The Ministers welcome the fact that participation in the Uruguay Round was broader than in any previous multilateral trade negotiations, and in particular that developing countries played a prominent and active role in this process. This was a historic step towards a more balanced and integrated trade partnership between the countries. The Ministers note that during the period of these negotiations, important measures aimed at economic reform and autonomous trade liberalization were taken in many developing countries and countries that previously practiced central planning economics.

5. The Ministers recall that the results of the negotiations embody provisions for granting developing countries differentiated and more favourable treatment, including special attention to the situation of the least developed countries. The Ministers recognize the importance of implementing these provisions for the benefit of the least developed countries and express their willingness to continue to provide assistance and facilitate the expansion of their trade and investment opportunities. They agreed to regularly review at the Ministerial Conference and relevant WTO bodies the impact of the Uruguay Round results on least developed countries, as well as developing countries that are net importers of food, in order to develop positive measures to enable such countries to achieve national development goals. The Ministers recognize the need to strengthen the capacity of the GATT and WTO to provide expanded technical assistance in their areas of competence, and in particular to expand its provision to least developed countries.

6. The Ministers declare that their signature of the Final Act containing the Results of the Uruguay Round of Multilateral Trade Negotiations and the adoption of agreed decisions at the ministerial level mark the beginning of the transition from the GATT to the WTO. In particular, they established a Preparatory Committee to prepare for the entry into force of the WTO Agreement and ensure the appropriate steps necessary for its ratification so that it can enter into force by January 1, 1995 or as soon as possible after that date. In addition, the ministers adopted a decision on trade and the environment.

7. The Ministers express their deep gratitude to His Majesty King Hassan II for his personal contribution to the success of the Ministerial meeting, as well as to the Government and people of Morocco for their warm hospitality and excellent organization of the event. The fact that the final ministerial meeting of the Uruguay Round was held in Marrakesh is further evidence of Morocco's commitment to a more open trading system and full integration of the country into the global economic system.

8. With the adoption and signing of the Final Act and the opening for adoption of the WTO Agreement, the Ministers declare that the work of the Trade Negotiations Committee is thus completed and the Uruguay Round is officially completed.

DECISION ON THE ADOPTION OF THE AGREEMENT ON THE ESTABLISHMENT OF THE WORLD TRADE ORGANIZATION AND ITS ACCESSION

Ministers,

Noting that Articles XI and XIV of the Agreement Establishing the World Trade Organization (hereinafter referred to as the "WTO Agreement") provide that only Contracting Parties to the GATT 1947, which are such at the date of entry into force of the WTO Agreement, whose lists of concessions and obligations are attached to the GATT 1994 and whose lists of specific obligations are attached to the General the Agreement on Trade in Services (hereinafter referred to as the "GATS"), may adopt the WTO Agreement;

Noting further that paragraph 5 of the Final Act embodying the results of the Uruguay Round of Multilateral Trade Negotiations (hereinafter, respectively, the "Final Act" and the "Uruguay Round") provides that the lists of participants who are not Contracting Parties to the 1947 GATT are not final from the date of signing the Final Act and will subsequently be completed for the purposes of accession to GATT 1947 and their adoption of the WTO Agreement;

Considering paragraph 1 of the Decision on Measures in Favour of the Least Developed Countries, which provides that the least developed countries will have one additional year, starting from April 15, 1994, to transfer their lists in accordance with Article X1 of the WTO Agreement;

Recognizing that some participants in the Uruguay Round who applied the provisions of GATT 1947 de facto and became Contracting Parties in accordance with Article XXVI:5 (c) of GATT 1947 were unable to submit the lists of GATT 1994 and GATS;

Recognizing further that some States or individual Customs territories that did not participate in the Uruguay Round may become Contracting Parties to GATT 1947 before the WTO Agreement enters into force, and that such States or Customs territories should be given the opportunity to negotiate lists under GATT 1994 and GATS, which will allow them to accept the WTO Agreement;

Whereas some States or individual Customs territories that are unable to complete the process of accession to the GATT 1947 before the entry into force of the WTO Agreement or which do not intend to become Contracting Parties to the GATT 1947 may wish to begin the process of their accession to the WTO before the entry into force of the WTO Agreement;

Recognizing that the WTO Agreement in no way distinguishes between WTO members who have accepted the said Agreement in accordance with Articles XI and XIV, and WTO members who have acceded to it in accordance with Article XII, and proceeding from the desire to ensure that the accession procedures of States and individual customs The Territories that did not become Contracting Parties to GATT 1947 on the date of entry into force of the WTO Agreement were as follows, in order not to put them at a disadvantage and avoid unnecessary delays for these States and individual customs territories.;

They decide that:

1. (a) any signatory to the Final Act,

— to which paragraph 5 of the Final Act applies, or

— to which paragraph 1 of the Decision on Measures in Favour of Least Developed Countries applies, or

— which became a Contracting Party in accordance with Article XXVI:5 (c) of GATT 1947 before April 15, 1994 and was unable to prepare the GATT 1994 and GATS lists for inclusion in the Final Act, and

any State or a separate customs territory,

— which becomes a Contracting Party to GATT 1947 between April 15, 1994 and the date of entry into force of the WTO Agreement,

May submit to the Preparatory Committee for consideration and approval a list of concessions and obligations under GATT 1994 and a list of specific obligations under GATS.

(b) In accordance with Article XIV of the WTO Agreement, it is open for adoption by the Contracting Parties to the GATT 1947, the lists of which were transmitted and approved before the WTO Agreement entered into force.

(c) The provisions of subparagraphs (a) and (b) of this paragraph are without prejudice to the rights of the least developed countries with respect to the transmission of their lists within one year from April 15, 1994.

2. (a) Any State or individual Customs territory may request the Preparatory Committee to propose to the WTO Ministerial Conference the approval of the terms of its accession to the WTO Agreement in accordance with Article XII of the said Agreement. If such a request is made by a State or a separate Customs territory that is in the process of acceding to GATT 1947, the Preparatory Committee, if possible, considers this request jointly with a Working Group established by the CONTRACTING PARTIES to GATT 1947 with a view to considering the accession of this State or a separate customs territory.

(b) The Preparatory Committee shall transmit to the Ministerial Conference a report on the consideration of such a request. The report may include a protocol of accession, including a list of concessions and obligations under GATT 1994 and a list of specific obligations under GATS, which must be approved by the Ministerial Conference. The report of the Preparatory Committee is taken into account by the Ministerial Conference when considering an application for accession to the WTO Agreement submitted by the relevant State or a separate customs territory.

THE MARRAKESH AGREEMENT ESTABLISHING THE WORLD TRADE ORGANIZATION

The Parties to this Agreement,

Recognizing that their trade relations and economic policies should be implemented with a view to improving living standards, ensuring full employment and significant and sustained growth in real incomes and effective demand, as well as expanding production and trade in goods and services while making optimal use of world resources in accordance with the goals of sustainable development, striving to protect and preserve the environment and the expansion of opportunities for this by, compatible with their respective needs and interests at different levels of economic development;

Recognizing also that positive efforts are needed to ensure that developing countries, and especially the least developed among them, have a guaranteed share in the growth of international trade commensurate with their economic development needs;

Striving to contribute to the achievement of these goals by reaching mutual and mutually beneficial agreements aimed at significantly reducing tariffs and other obstacles to trade and eliminating discriminatory treatment in international trade relations;

Having decided to create an integrated, more viable and sustainable multilateral trading system based on the General Agreement on Tariffs and Trade, previous achievements in trade liberalization and all the results of the Uruguay Round of multilateral trade negotiations;

Determined to preserve the basic principles and objectives of the said multilateral trading system,

Agree on the following:

Article I Establishment of the Organization

The World Trade Organization (hereinafter referred to as the "WTO") is hereby established.

Article IISPHERE of WTO activities

1. The WTO provides a common institutional framework for the implementation of trade relations between its members in matters related to agreements and related legal documents included in the Annexes to this Agreement.

2. The agreements and related legal documents included in Annexes 1, 2 and 3 (hereinafter referred to as "Multilateral Trade Agreements") are integral parts of this Agreement and binding on all members.

3. The agreements and related legal documents included in Annex 4 (hereinafter referred to as "Trade Agreements with a limited number of Participants") also form part of this Agreement for those members who have accepted them and are binding on those members. Trade agreements with a limited number of participants do not create obligations or rights for members who have not accepted them.

4. The General Agreement on Tariffs and Trade of 1994, listed in Annex 1A (hereinafter referred to as "GATT 1994"), is legally distinct from the General Agreement on Tariffs and Trade of October 30, 1947, attached to the Final Act adopted at the conclusion of the second session of the Preparatory Committee for the United Nations Conference on Trade and Employment, with subsequent clarifications, additions or amendments (hereinafter referred to as "GATT 1947").

Article III Functions of the WTO

1. The WTO promotes the implementation, application and operation of this Agreement and Multilateral Trade Agreements, promotes the achievement of their objectives, and provides a framework for the implementation, application and operation of Trade Agreements with a limited number of participants.

2. The WTO is a forum for negotiations between its members on their multilateral trade relations related to the agreements contained in the Annexes to this Agreement. By decision of the Ministerial Conference, the WTO may also serve as one of the forums for further negotiations between its members concerning their multilateral trade relations, as well as provide a framework for applying the results of such negotiations.

3. The WTO performs administrative functions with respect to the Agreement on Rules and Procedures Governing Dispute Resolution (hereinafter referred to as the "Dispute Resolution Agreement" or "DRS") contained in Annex 2 to this Agreement.

4. The WTO performs administrative functions with respect to the Trade Policy Review Mechanism (hereinafter referred to as the "ITTO") contained in Annex 3 to this Agreement.

5. In order to achieve greater coherence in global economic policy, the WTO cooperates, where appropriate, with the International Monetary Fund and the International Bank for Reconstruction and Development and related agencies.

Article IV Structure of the WTO

1. A Ministerial Conference shall be established, consisting of representatives of all members, which shall be held at least once every two years. The Ministerial Conference performs the functions of the WTO and takes the necessary measures for this. The Ministerial Conference has the authority to take decisions on all matters related to any of the Multilateral Trade Agreements, if so requested by any member, in accordance with the specific decision-making requirements contained in this Agreement and the relevant Multilateral Trade Agreement.

2. A General Council shall be established, consisting of representatives of all members, which shall meet as necessary. In the intervals between the meetings of the Ministerial Conference, its functions are performed by the General Council. The General Council also performs the functions assigned to it by this Agreement. The General Council shall establish its own rules of procedure and approve the rules of procedure of the Committees referred to in paragraph 7.

3. The General Council shall be convened, as appropriate, to perform the functions of the Dispute Resolution Body provided for in the Dispute Resolution Agreement. The dispute resolution body may have its own chairman and establish such rules of procedure as it deems necessary for the performance of its functions.

4. The General Council shall be convened, as appropriate, to act as the Trade Policy Review Body provided for in the ILO. The trade policy review body may have its own chairman and establish such rules of procedure as it deems necessary for the performance of its functions.

5. The Council for Trade in Goods, the Council for Trade in Services and the Council for Trade-Related Aspects of Intellectual Property Rights (hereinafter referred to as the "TRIPS Council") are established, which operate under the general guidance of the General Council. The Council for Trade in Goods monitors the operation of the Multilateral Trade Agreements contained in Annex 1A. The Council for Trade in Services oversees the operation of the General Agreement on Trade in Services (hereinafter referred to as the "GATS"). The TRIPS Council oversees the operation of the Agreement on Trade-Related Aspects of Intellectual Property Rights (hereinafter referred to as the "TRIPS Agreement"). These Councils perform the functions prescribed to them by the relevant agreements and the General Council. They shall establish their respective rules of procedure, subject to approval by the General Council. Membership in these Councils is open to representatives of all members. These Councils are convened as necessary to carry out their functions.

6. The Council for Trade in Goods, the Council for Trade in Services and the Council for TRIPS shall form, if necessary, subsidiary bodies. Such subsidiary bodies shall establish their own rules of procedure, subject to the approval of the relevant Councils.

7. The Ministerial Conference shall establish a Committee on Trade and Development, a Committee on Balance of Payments Restrictions and a Committee on Budget, Finance and Administrative Matters, which shall perform the functions prescribed to them by this Agreement and Multilateral Trade Agreements, as well as any additional functions prescribed to them by the General Council, and may form any other committees with such functions as she deems necessary. The Committee on Trade and Development, in the exercise of its functions, periodically reviews the special provisions of Multilateral Trade Agreements in favor of least developed country members and submits reports to the General Council with a view to implementing appropriate actions. Membership in these Committees is open to representatives of all members.

8. The bodies provided for in Trade Agreements with a limited number of participants perform the functions prescribed to them by these Agreements and operate within the institutional framework of the WTO. These bodies regularly inform the General Council about their activities.

Article V Relations with other organizations

1. The General Council shall conclude appropriate agreements on effective cooperation with other intergovernmental organizations that perform functions related to the functions of the WTO.

2. The General Council may conclude appropriate consultation and cooperation agreements with non-governmental organizations dealing with issues related to issues dealt with by the WTO.

Article VISecretariat

1. The WTO Secretariat (hereinafter referred to as the "Secretariat") is established, headed by the Director General.

2. The Ministerial Conference appoints the Director General and adopts rules establishing the powers, duties, working conditions and term of office of the Director General.

3. The Director-General appoints the members of the Secretariat staff and determines their duties and working conditions in accordance with the rules adopted by the Ministerial Conference.

4. The responsibilities of the Director General and the staff of the Secretariat are exclusively international in nature. In carrying out their duties, the Director General and the staff of the Secretariat may not seek or accept instructions from any Government or any other body other than the WTO. They should refrain from any actions that could negatively affect their status as international officials. WTO members should respect the international nature of the responsibilities of the Director General and the staff of the Secretariat and should not attempt to influence them in the performance of their duties.

Article VI Budget and contributions

1. The Director General shall submit to the Committee on Budget, Finance and Administrative Affairs the draft annual budget and the financial report of the WTO. The Budget, Finance and Administrative Affairs Committee reviews the draft annual budget and financial report submitted by the Director General and makes recommendations on them to the General Council. The draft annual budget is subject to approval by the General Council.

2.The Committee on Budget, Finance and Administration submits proposals to the General Council on financial regulations, which include provisions establishing:

(a) The scale of contributions with the allocation of WTO costs among its members;

(b) Measures to be taken in respect of members in arrears.

Financial regulations should be based, as far as possible, on the rules and practices of GATT 1947.

3. The General Council shall adopt the financial rules and the draft annual budget by a two-thirds majority vote with more than half of the members voting.

4. Each member shall contribute to the WTO as soon as possible in the amount of its share of WTO expenses in accordance with the financial rules adopted by the General Council.

Article VIIIStatus of the WTO

1. The WTO has the status of a legal entity, and each of its members grants it such legal capacity as it may need to perform its functions.

2. Each member grants the WTO such privileges and immunities as are necessary for the performance of its functions.

3. WTO officials and representatives of Members shall also be granted such privileges and immunities as are necessary for them to independently perform their functions related to the WTO.

4. The privileges and immunities granted by a member of the WTO itself, its officials and representatives of its members should be similar to those established by the Convention on the Privileges and Immunities of Specialized Agencies, approved by the United Nations General Assembly on November 21, 1947.

5. The WTO may conclude a headquarters agreement.

Article IX Decision-making

1. The WTO will continue the practice of consensus decision-making, which was applied in accordance with GATT 1947.1, Unless otherwise provided, if it is impossible to reach a decision by consensus, the decision on the issue under consideration is taken by vote. At meetings of the Ministerial Conference and the General Council, each WTO member has one vote. If the European Communities exercise their right to vote, they have a number of votes equal to the number of their member States2 that are members of the WTO. Decisions of the Ministerial Conference and the General Council shall be taken by a majority of the votes cast, unless otherwise provided for in this Agreement or in the relevant Multilateral Trade Agreement3.

2. The Ministerial Conference and the General Council have the exclusive right to decide on the interpretation of this Agreement and Multilateral Trade Agreements. In the case of interpretation of the Multilateral Trade Agreement contained in Annex 1, they exercise their powers on the basis of the recommendations of the Council overseeing the operation of such Agreement. The decision on interpretation is made by a three-quarters majority of the members. This paragraph should not be applied in a way that could undermine the amendment provisions in article X.

3. In exceptional circumstances, the Ministerial Conference may decide to release a member from an obligation arising from this Agreement or any of the Multilateral Trade Agreements, provided that any such decision is taken by a three-fourths majority of the 4 members, unless otherwise provided in this paragraph.

(a) A request for exemption from an obligation arising from this Agreement shall be submitted to the Ministerial Conference for consideration on the basis of consensus decision-making practice. The Ministerial Conference sets a deadline for consideration of such a request, which should not exceed 90 days. If no consensus has been reached during this period, any decision to release from the obligation is taken by a three-quarters majority of the members.4

(b) A request for exemption from obligations arising from the Multilateral Trade Agreements contained in Annexes 1A, 1B, or 1C and their annexes shall be submitted initially to the Council for Trade in Goods, the Council for Trade in Services or the Council for TRIPS, respectively, for consideration within a period not exceeding 90 days.. After this period, the relevant Council submits a report to the Ministerial Conference.

4. The decision of the Ministerial Conference on exemption from the obligation establishes the existence of exceptional circumstances justifying such a decision, the terms and conditions of its application, as well as the date of its expiration. The decision to release from the obligation for a period of more than one year is reviewed by the Ministerial Conference no later than one year after its adoption, and then annually until its cancellation. At each such review, the Ministerial Conference examines the existence of extraordinary circumstances justifying such an exemption, as well as compliance with all its terms and conditions. The Ministerial Conference may, on the basis of such annual reviews, extend, amend or revoke such a decision.

5. Decisions on a Trade Agreement with a limited number of participants, including any decisions on its interpretation and release from obligations, are governed by the provisions of each such Agreement.

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1 The relevant body is considered to take a decision by consensus on the issue submitted for its consideration if none of the members present at the meeting formally objects to the proposed decision at the time of the decision.

2 In no case may the number of votes of the European Communities and their member States exceed the number of Member States of the European Communities.

3 Decisions of the General Council, acting as a Dispute Resolution Body, should be taken only in accordance with the terms of paragraph 4 of article II of the Dispute Resolution Agreement.

4 The decision to release from any obligation arising from a transitional period or a phase-in period that the requesting member has not fulfilled by the end of the relevant period shall be taken only by consensus.

The article of the Amendment

1. Any WTO member may propose amendments to the provisions of this Agreement or the Multilateral Trade Agreements contained in Annex 1 by submitting such a proposal to the Ministerial Conference. The Councils listed in paragraph 5 of Article IV may also submit proposals to the Ministerial Conference on amendments to the provisions of the relevant Multilateral Trade Agreements contained in Annex 1, which they monitor. If the Ministerial Conference does not decide on a longer period of time, then within 90 days after the formal submission of the proposal to the Ministerial Conference, any decision by the Ministerial Conference to submit the proposed amendment to the members for adoption shall be taken by consensus. Unless the provisions of paragraphs 2, 5 or 6 apply, such a decision should indicate the application of the provisions of paragraphs 3 or 4. Upon reaching a consensus, the Ministerial Conference shall immediately submit the proposed amendment to the members for adoption. If no consensus is reached at the meeting of the Ministerial Conference within the prescribed period, the Ministerial Conference decides by a two-thirds majority of the members whether to submit the proposed amendment to the members for adoption. With the exception of the provisions provided for in paragraphs 2, 5 and 6, the provisions of paragraph 3 shall apply to the proposed amendment, unless the Ministerial Conference decides by a three-fourths majority of the members to apply the provisions of paragraph 4.

2. Amendments to the provisions of this article and to the provisions of the following articles shall enter into force only after acceptance by all Members:

Articles IX of this Agreement; Articles I and II of GATT 1994; Articles II:1 of the GATS; Article IV of the TRIPS Agreement.

3. With the exception of amendments to the provisions listed in paragraphs 2 and 6, amendments to the provisions of this Agreement or the Multilateral Trade Agreements contained in Annexes 1A and 1C, which by their nature may change the rights and obligations of members, shall enter into force for the members who have accepted them after acceptance by two thirds of the WTO members and thereafter - for every other member from the moment they adopt these amendments. The Ministerial Conference may decide by a three-fourths majority of the members that any amendment that enters into force under the provisions of this paragraph is of such a nature that any member that has not accepted it within the time limit set for each such amendment by the Ministerial Conference may decide either to withdraw from the WTO or remain a member with the consent of the Ministerial Conference..

4. With the exception of amendments to the provisions listed in paragraphs 2 and 6, amendments to the provisions of this Agreement or the Multilateral Trade Agreements contained in Annexes 1A and 1C, which by their nature do not change the rights and obligations of members, shall enter into force for all members after their acceptance by two thirds of the members.

5. With the exception of the provisions provided for in paragraph 2 above, amendments to Parts I, II and III of the GATS and to the relevant annexes shall enter into force for the members that have accepted them after acceptance by two thirds of the members, and thereafter for each member from the moment it accepts these amendments. The Ministerial Conference may decide by a three-fourths majority of the members that any amendment that has entered into force on the basis of the previous provision is of such a nature that any member that has not accepted it within the time limit set by the Ministerial Conference for each such amendment may decide either to withdraw from the WTO or remain a member with the consent of the Ministerial Conference. Amendments to Parts IV, V or VI of the GATS and to the relevant annexes shall enter into force for all members after their adoption by two thirds of the members.

6. Notwithstanding the other provisions of this article, amendments to the TRIPS Agreement meeting the requirements of paragraph 2 of Article 71 of this Agreement may be adopted by the Ministerial Conference without further formal adoption procedure.

7. Any Member accepting an amendment to this Agreement or to the Multilateral Trade Agreement contained in Annex 1 shall deposit the instrument of acceptance with the Director General of the WTO within the time limit set by the Ministerial Conference for the adoption of the amendment.

8. Any WTO member may propose amendments to the Multilateral Trade Agreements contained in Annexes 2 and 3 by submitting such a proposal to the Ministerial Conference. The decision to adopt amendments to the Multilateral Trade Agreement contained in Annex 2 is taken by consensus, and these amendments enter into force for all members after approval by the Ministerial Conference. The decision to approve amendments to the Multilateral Trade Agreement contained in Annex 3 shall enter into force for all Members upon their approval by the Ministerial Conference.

9. The Ministerial Conference, at the request of the members participating in a trade agreement, may only decide by consensus whether to include such an agreement in Annex 4. The Ministerial Conference, at the request of the members participating in a Trade Agreement with a limited number of participants, may decide to exclude such an Agreement from Annex 4.

10. Amendments to a Trade Agreement with a Limited number of Participants are governed by the provisions of such an Agreement.

Article X Founding Members

1. The Contracting Parties to GATT 1947, as of the date of entry into force of this Agreement, and the European Communities accepting this Agreement and Multilateral Trade Agreements, the Lists of Concessions and Obligations of which are attached to GATT 1994, and the Lists of specific Obligations of which are attached to the GATS, become founding members of the WTO.

2. The least developed countries recognized as such by the United Nations are only required to make commitments and concessions consistent with their individual development, financial and trade needs, or their administrative and institutional capabilities.

Article XII Connection

1. Any State or separate customs territory having full autonomy in conducting its foreign trade relations and in other matters provided for in this Agreement and Multilateral Trade Agreements may accede to this Agreement on the terms agreed between such State or territory and the WTO. Such accession shall apply to this Agreement and the Multilateral Trade Agreements attached thereto.

2. Decisions on accession are made by the Ministerial Conference. The Ministerial Conference approves the agreement on the terms of accession by a two-thirds majority of WTO members.

3. Joining a Trade Agreement with a limited number of participants is governed by the provisions of such an Agreement.

Article XIII Application of Multilateral trade agreements between individual members

1. This Agreement and the Multilateral Trade Agreements contained in Annexes 1 and 2 shall not apply between any one member and any other member if either of them does not agree to such application at the time of one of them's accession to the WTO.

2. Paragraph 1 may be applied between the founding members of the WTO who were Contracting Parties to GATT 1947 only if Article XXXV of this Agreement was previously applied between them and it was in force for the said Contracting Parties at the time of entry into force of this Agreement for them.

3. Paragraph 1 shall apply between two members, one of which has acceded on the basis of Article XII, only if the member not agreeing to the application has notified the Ministerial Conference of this prior to the approval by the Ministerial Conference of the agreement on the conditions of accession.

4. The Ministerial Conference may, at the request of any member, review the operation of this article in specific cases and make appropriate recommendations.

5. The non-application of a Trade Agreement with a limited number of participants between its parties is governed by the provisions of such an Agreement.

Article XIV Acceptance, entry into force and depositary

1. This Agreement is open for acceptance by signature or by any other means for the Contracting Parties to GATT 1947 and the European Communities, which are eligible to become founding members of the WTO in accordance with Article XI of this Agreement. This procedure applies to this Agreement and the Multilateral Trade Agreements attached thereto. This Agreement and the Multilateral Trade Agreements attached thereto shall enter into force on the date determined by the Ministers in accordance with paragraph 3 of the Final Act containing the Results of the Uruguay Round of Multilateral Trade Negotiations and shall remain open for adoption for two years after that date, unless the Ministers decide otherwise. The acceptance of this Agreement after its entry into force becomes effective on the 30th day from the date of such acceptance.

2. A Member that has accepted this Agreement after its entry into force shall perform the assignments and obligations under Multilateral Trade Agreements that must be fulfilled from the date of entry into force of this Agreement, as if it had accepted this Agreement from the date of its entry into force.

3. Prior to the entry into force of this Agreement, the depositary of the texts of this Agreement and Multilateral Trade Agreements is the Director General of the CONTRACTING PARTIES to GATT 1947. The Director General shall immediately provide a certified copy of this Agreement and the Multilateral Trade Agreements, as well as a notification of each acceptance thereof, to each Government and the European Communities after their acceptance of this Agreement. The Director General of the WTO is the depositary of this Agreement, Multilateral Trade Agreements and any amendments thereto after the entry into force of this Agreement.

4. The adoption and entry into force of a Trade Agreement with a Limited number of Participants shall be governed by the provisions of such Agreement. The depositary of such Agreements is the Director General of the CONTRACTING PARTIES to GATT 1947. After the entry into force of this Agreement, the Director General of the WTO becomes the depositary of such Agreements.

Article xvexchange

1. Any Member may withdraw from this Agreement. Such withdrawal shall apply to both this Agreement and Multilateral Trade Agreements and shall enter into force six months after the date of receipt by the WTO Director General of the written notification of withdrawal.

2. Withdrawal from a Trade Agreement with a limited number of participants is governed by the provisions of such an Agreement.

Article XVI Various provisions

1. Unless otherwise provided by this Agreement or Multilateral Trade Agreements, the WTO shall be guided by the decisions, procedures and customary practices followed by the CONTRACTING PARTIES to GATT 1947 and the bodies established under GATT 1947.

2. The secretariat of GATT 1947, as far as possible, becomes the Secretariat of the WTO, and the Director General of the CONTRACTING PARTIES to GATT 1947, until the appointment of the Director General by the Ministerial Conference in accordance with paragraph 2 of Article VI of this Agreement, performs the duties of the Director General of the WTO.

3. In the event of a conflict between a provision of this Agreement and a provision of any of the Multilateral Trade Agreements, the provision of this Agreement shall prevail in respect of such conflict.

4. Each member ensures that its laws, other regulations and administrative procedures comply with its obligations arising from the attached Agreements.

5. Reservations regarding any provision of this Agreement are not allowed. Reservations to any of the provisions of Multilateral Trade Agreements may be made only within the limits provided for in these Agreements. Reservations regarding the provisions of a Trade Agreement with a limited number of participants are governed by the provisions of such an Agreement.

6. This Agreement shall be registered in accordance with the provisions of Article 102 of the Charter of the United Nations.

DONE at Marrakesh on the fifteenth day of April, one thousand nine hundred and ninety-four, in a single copy in the English, French and Spanish languages, each text being equally authentic.

Explanatory notes

The terms "country" or "countries" used in this Agreement and in Multilateral Trade Agreements also mean any separate Customs territory that is a member of the WTO.

In the case of a separate customs territory that is a member of the WTO, when the term "national” is used in any expression in this Agreement and Multilateral Trade Agreements, such expression should be considered to refer to such customs territory, unless otherwise defined.

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