XXIV |
Territorial Application -
Frontier Traffic - Customs Unions and Free-trade Areas |
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1. |
Extends this Agreement to customs areas of the Contracting
Parties. |
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2. |
Defines a customs territory as "any territory
with...separate tariffs or other regulations of commerce" for its trade "with
other territories." |
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3. |
Assures Contracting Parties that this Agreement will not
prevent advantages granted between "adjacent countries in order to facilitate
frontier traffic." |
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4. |
Recognizes the "desirability of increasing freedom of
trade" through customs unions and free-trade areas, the purpose of which is to
"facilitate trade between the constituent territories and not to raise barriers to
the trade of other contracting parties." |
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5. |
Permits the formation of customs unions and free-trade areas,
provide that: |
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(a) |
a customs union does not lead to trade restrictions for
nonparticipants which are "on the whole...higher or more restrictive
than...before"; |
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(b) |
a free-trade area does not lead to more restrictive trade on
the part of any of the participants; and |
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(c) |
any "interim agreement" to set up a custom union or
free trade area shall include an implementation plan and schedule with a reasonable time
frame. |
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6. |
Requires a compensatory adjustment under Article XXVIII for any increase in trade restriction when
any CP joins a customs union. |
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7(a) |
Requires notification of decisions to join a customs union
and free-trade area. |
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7(b) |
Allows Contracting Parties collectively to require
modifications of CU/FTA timetables. |
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7(c) |
Requires notification and willingness to consult in the case
of modifications to interim agreements. |
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8. |
Defines: |
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(a) |
A customs union: a single customs territory (i) in which
trade restrictions are "are eliminated on substantially all the trade" between
members, and (ii) "substantially the same" trade restrictions are applied to
nonmembers; |
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(b) |
A free-trade area: territories in which trade restrictions
"are eliminated on substantially all the trade" on products "originating
in" the territories. |
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9. |
CU/FTA formation should not affect other preferences existing
under this Agreement without negotiation. |
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10. |
Allows a 2/3 vote to approve CU/FTA proposals which "do
not fully comply" with the requirements of this Article. |
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11. |
Allows "special arrangements" for trade relations
between India and Pakistan. |
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12. |
Requires each CP to ensure compliance with this Agreement
"by the local and regional governments and authorities within its territories." |