| 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.
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