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Accession to the World Trade Organization
 

World Trade Organization (WTO) - is an international economic organization for multilateral regulation of trade in goods, services and intellectual property.
The WTO is the successor of the General Agreement on Tariffs and Trade (GATT, General Agreement on Tariffs and Trade - GATT), which was signed by 23 countries in Geneva in October 1947 and came into force on 1 January 1948.
GATT was the beginning of the liberalization of trade in goods through reduction of import customs duties. Over 47 years (before the establishment of the WTO), the main legal text of the GATT remained in the form in which it was adopted in 1948. In addition to his adopted multilateral agreements with a limited number of participants.
Today the rules of multilateral trade agreements of GATT / WTO are used as the basis of export-import relationships more than 150 countries. WTO rules are also a guide for the development and practical application of national laws and regulations in the field of foreign trade.
The organization itself is a forum where in the process of collective deliberation and negotiation are formed rules of international trade and discusses the reduction of barriers in its path.
The official date of establishment of the WTO is January 1, 1995. In accordance with the Agreement Establishing the WTO, which was signed on April 15, 1994, founding member of the steel all the contracting parties - members of the GATT (at that time - 125 States).
On 1 January 2009 full members of the WTO had 153 States. Another 27 countries have observer status in WTO. The vast majority of them, including the Republic of Belarus are in talks about joining this organization.
Negotiations on the accession of candidate countries to the WTO are conducted on 4-m areas:
1) to bring legislation into line with the WTO multilateral agreements;
2) market access for goods;
3) market access to services;
4) state support for agriculture.
1) Bringing legislation in line with the WTO multilateral agreements.
Joining the WTO requires that the candidate country in the implementation of national legislation and, thus, perform a number of system rules, binding for all countries - members of the organization.
Consideration of issues on the national legislation system with WTO rules implemented in the multilateral meetings of the WTO Working Party on the Accession of the Republic of Belarus (hereinafter - the Working Group). As a result of the meeting of the Working Group member countries may decide to move to the next phase of negotiations on the basis of results achieved to bring the national legislation of the acceding countries into line with WTO rules system. Stages of the negotiations in this area include procedures WTO and represent a sequence of documents (Memorandum - Checklist - Summary Report - Draft Report of the Working Group).
Currently held 7 formal meetings of the Working Group on the WTO accession of Belarus (respectively, 5 June 1997, 28 April 1998, March 5, 2001, 24 January 2003, January 30, 2004, September 30, 2004 , May 24, 2005 with the informal extension of October 24, 2005). As a result, the Belarusian side managed to pass the following stages of the negotiation process. In 1996, circulated a memorandum on the foreign trade regime. Following the 4-th meeting of the Working Group agreed to prepare a control list. At the 5 th meeting of the Working Group member countries endorsed the beginning of the preparation of the Consolidated Report. The main outcome of 6-th meeting of the WTO Working Group has decided to prepare a second edition of the Summary Report. Consideration of this document commenced on 7 th meeting of the WTO Working Group and was continued at the informal meeting. However, the results of the last two meetings because of the attitude of some members failed to make the decision of the Working Group on the transition to the next stage of negotiations - the drafting of the Report of the Working Group (Draft Report of the Working Party) - the outcome document containing a package of commitments of the Republic of Belarus as a member WTO.
However, as the main areas of concern were identified institution of "golden shares" and execution of customs legislation (with regard to confiscation of goods by the Belarusian customs authorities). After granting the Belarusian side for more comprehensive information on the issues raised suddenly, it was stated that there were some other problems in the Belarusian foreign trade regime, without specifying which ones. This excuse is used to transfer to a later date of the next meeting of the WTO Working Party on the Accession of the Republic of Belarus.
2) The negotiations on market access for goods.
3) The negotiations on market access for services.
Negotiations on market access for goods and services are conducted on a bilateral basis with interested member countries of the Working Group. During the negotiations on market access for goods agreed tariff peaks, which the acceding country will not exceed the entry into the WTO. Negotiations on market access for services performed to determine the maximum levels of restrictions on market access and derogations from national treatment for foreign services and service suppliers, which can not exceed the entry into the WTO.
In 1998-1999. Belarus is prepared initial proposals for negotiations on market access for goods and services that are later refined as we move into the negotiation process.
To date, 25 rounds of bilateral negotiations with countries - members of the Working Group.

The main result was the signing of the final protocols on the completion of bilateral negotiations on market access with 10 members of the WTO: Moldova, China, Cuba, Armenia, Kyrgyzstan, Turkey, Bulgaria, India, Panama, the Dominican Republic. In addition, with China the first time in the history of Belarus signed a memorandum of understanding providing for the mutual recognition of the status of market economy. With a number of other countries have substantially approximated position on the future commitments of the Republic of Belarus on market access for goods and services. It was possible to narrow down and specify the amount of the uplink requirements of WTO member countries, which for Belarus is obviously unacceptable.
4) Negotiations on the state support of agriculture.
Negotiations on government support of agriculture conducted in the special format of multilateral meetings, at which the parties should commit on the basis of the base period, the highest level of agricultural support provided in the Republic of Belarus through all the instruments used, with the object of their baskets.
During the last two meetings (October 1, 2004 and May 23, 2005) were able to agree with the timing of the WTO base period for calculating the maximum level of state support, namely 1997-1999. inclusive. Thus, negotiations on agriculture are derived at the stage of clarifying the level of subsidy as part of specific government programs and the classification of such programs to "green" (not subject to reduction) and "yellow" (subject to reduction) baskets.

Bringing legislation into line with WTO requirements

Reduction of the domestic law of a candidate country in line with WTO requirements is the basis for progress in the negotiations for accession to the organization. Hence the crucial importance of domestic legislative process.
In accordance with the concept of improving the legislation of the Republic of Belarus, approved by Presidential Decree of April 10, 2002 № 205, bringing normative legal acts in compliance with international agreements concluded within the WTO is a priority for the development of the legal system.
August 21, 2002 Resolution of the Council of Ministers and National Bank of the Republic of Belarus № 1127/22 «On some matters of the accession of the Republic of Belarus to the WTO. The decree approved by the regulatory work plan to bring the national legislation into conformity with WTO requirements as a basis for the implementation of complex measures on accession of Belarus to the WTO, as well as for use in the development of state programs and annual plans of preparation of bills. Resolution of the following areas for adjustment (development) law: non-tariff regulation, protective measures, currency regulation, state support of agriculture, taxation, incentives, subsidies, insurance, communications, standardization and technical regulation, sanitary and phytosanitary measures, customs fees and customs valuation , protection of intellectual property.
In carrying out this plan in the light of the normative work of the WTO rules adopted by a number of normative legal acts of the Republic of Belarus, including The laws "On Technical Norms and Certification", "On conformity assessment requirements of technical regulations in the field of technical regulation and standardization", "On quality and safety of food raw materials and foodstuffs for human life and health," "On Amending the Law on Trademarks (service marks), "" On Postal Communication "," On Amending the Law of the Republic of Belarus "On Customs Tariff", "" On Making Amendments and Addenda to the Customs Code of the Republic of Belarus "On Measures to protect the economic interests of the Republic Belarus in Foreign Trade in Goods ".
In 2002 - 2004 gg. The plan was executed. A key element was the signing of 25 November 2004 the new edition of the Law of the Republic of Belarus "On state regulation of foreign trade» № 347-W. In developing the Act incorporated the provisions of relevant legislation Russia Federation, and the rules of the WTO General Agreement on Tariffs and Trade (GATT 1994), the WTO General Agreement on Trade in Services (GATS) and other WTO agreements. Adopted the Act was designed to rebuild all further rule-making in the field of foreign trade in line with WTO rules.
In order to implement certain provisions of the Act of November 25, 2004 № 347-W, "On state regulation of foreign trade activities" adopted by the Presidential Decree of January 28, 2006 № 57 "On some measures to improve state regulation of foreign trade."
May 8, 2001 issue of accession of Belarus to the WTO considered at the meeting of the Presidium of the Council of Ministers of the Republic of Belarus. Government is given a positive assessment of the Foreign Ministry and other ministries in this area, given specific instructions to the republican bodies of state administration in order to intensify the negotiating process.
December 11, 2002 the regular meeting of the Interdepartmental Commission of the Council of Ministers on the accession of the Republic of Belarus to the WTO. [1] The meeting addressed the issue of strengthening the process of Belarus' accession to the WTO, as well as on the implementation of instructions of the Government in this area. In particular, the ministries tasked with identifying the optimal conditions to attract investment and promote competition in the Belarusian market of financial services and telecommunications services, as well as prepare detailed information on the functioning of the republic mechanism of state support for agriculture.
In January 2003, the Interdepartmental Commission prepared and submitted to the President of the Republic of Belarus detailed proposals for the position to the next round of negotiations on accession of the Republic of Belarus to the WTO. Position approved by the President of the Republic of Belarus.
March 21, 2003 at a meeting of the Interdepartmental Committee on Security in the economic sphere, the Security Council of the Republic of Belarus considered "Evaluation of competitiveness of Belarusian products to domestic and foreign markets and the threat of expansion in the country of import goods. Proposals for economic measures to protect domestic producers from the perspectives of Belarus' accession to the WTO. Following consideration of the Council of Ministers sent the recommendation to provide training for sectors of the economy to function in terms of participation of the Republic of Belarus to the WTO, with emphasis on measures to improve the competitiveness of domestic products.
May 12, 2004 meeting was held at the Prime Minister of the Republic of Belarus on the accession of the Republic of Belarus to the WTO. Following the meeting of ministries and departments entrusted with the preparation for consideration in the Government on the strategy for further development of key sectors of Belarusian economy in order to attract foreign investment and accounting requirements of the WTO.
During the April 18, 2005 meeting chaired by Prime Minister of the Republic of Belarus on the negotiating position of the Belarusian side in the negotiations for accession to the WTO, discussed its basic tenets in terms of possible improvements.
September 1 and November 30, 2005 meeting of the Inter-Ministerial Commission was held at the Council of Ministers on the accession of the Republic of Belarus to the WTO, which discussed the current challenges in the process of Belarus' accession to the WTO, as well as the implementation of the relevant orders of the Government.
Pursuant to the orders of the Interagency Commission on accession of Belarus to the WTO, the republican state bodies and prepared in December 2005 approved by the Deputy Prime Minister of the Republic of Belarus System document - the main activities to achieve a positive result from the accession of the Republic of Belarus to the WTO.