Marrakech Agreement Establishing the World Trade Organization English versionURUGUAY ROUND AGREEMENT Marrakesh Agreement Establishing the World Trade Organization FROM The Parties to this Agreement Re

multilateral trade negotiations, Recognizing the need for flexibility and understanding in the application of the principles and rules of the multilateral trading system particularly with regard to the needs of developing countries,

Have agreed as follows:

PART I

ESTABLISHMENT OF THE ORGANIZATION

Article I

Establishment of the Organization

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

Article II

Aims of the Organization

The WTO shall facilitate the implementation, administration and operation, and further the objectives, of this Agreement and of the Multilateral Trade Agreements, and shall also provide the framework for the implementation, administration and operation of the Plurilateral Trade Agreements.

The objectives of the WTO are:

(a) to facilitate the implementation, administration and operation of this Agreement and of the Multilateral Trade Agreements, including the resolution of disputes;

(b) to provide a forum for further negotiations among its Members concerning their multilateral trade relations in accordance with the objectives of this Agreement;

(c) to administer the Understanding on Rules and Procedures Governing the Settlement of Disputes;

(d) to administer trade policy review mechanisms;

(e) to cooperate with the International Monetary Fund and with the International Bank for Reconstruction and Development and its affiliated agencies with a view to achieving greater coherence in global economic policy making.

Article III

Functions of the WTO

The WTO shall:

(a) facilitate the implementation, administration and operation of this Agreement and of the Multilateral Trade Agreements;

(b) provide the forum for negotiations among its Members concerning their multilateral trade relations in accordance with the provisions of this Agreement;

(c) administer the Understanding on Rules and Procedures Governing the Settlement of Disputes;

(d) administer the Trade Policy Review Mechanism;

(e) cooperate with the International Monetary Fund and with the International Bank for Reconstruction and Development and its affiliated agencies with a view to achieving greater coherence in global economic policy making.

Article IV

Structure of the WTO

The WTO shall consist of:

(a) Ministerial Conference;

(b) General Council;

(c) Council for Trade in Goods;

(d) Council for Trade in Services;

(e) Council for Trade-Related Aspects of Intellectual Property Rights;

(f) Committees.

Article V

Ministerial Conference

1. The Ministerial Conference shall meet at least once every two years.

2. The functions of the Ministerial Conference shall be to:

(a) provide political guidance for the WTO;

(b) review the operation of this Agreement and of the Multilateral Trade Agreements;

(c) take decisions on matters concerning the objectives of the Agreement and the Multilateral Trade Agreements;

(d) consider and adopt reports by the General Council.

Article VI

General Council

1. The General Council shall carry out the functions of the WTO in the intervals between meetings of the Ministerial Conference.

2. The General Council shall:

(a) conduct the affairs of the WTO;

(b) monitor the implementation of this Agreement and of the Multilateral Trade Agreements;

(c) supervise the operation of the Trade Policy Review Mechanism;

(d) establish subsidiary bodies as required;

(e) provide a forum for negotiations among its Members;

(f) cooperate with other international organizations.

Article VII

Council for Trade in Goods

1. The Council for Trade in Goods shall administer the provisions of this Agreement and of the Multilateral Trade Agreements relating to trade in goods.

2. The Council for Trade in Goods shall carry out the functions assigned to it by the Ministerial Conference.

Article VIII

Council for Trade in Services

1. The Council for Trade in Services shall administer the provisions of this Agreement and of the Multilateral Trade Agreements relating to trade in services.

2. The Council for Trade in Services shall carry out the functions assigned to it by the Ministerial Conference.

Article IX

Council for Trade-Related Aspects of Intellectual Property Rights

1. The Council for Trade-Related Aspects of Intellectual Property Rights shall administer the provisions of the Agreement on Trade-Related Aspects of Intellectual Property Rights.

2. The Council for Trade-Related Aspects of Intellectual Property Rights shall carry out the functions assigned to it by the Ministerial Conference.

Article X

Committees

1. The General Council and the Councils for Trade in Goods and Trade in Services may establish such committees as they consider appropriate.

2. The committees shall carry out the functions assigned to them by the General Council or the Councils.

PART II

GENERAL AGREEMENT ON TARIFFS AND TRADE 1994

Article XI

General Undertaking

1. Members hereby accept the obligations set forth in the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 (hereinafter referred to as “the Anti-Dumping Agreement”) and the Agreement on Subsidies and Countervailing Measures.

2. Members recognize that the non-discriminatory and multilateral elimination of barriers to trade is an important element in the promotion of economic growth and development.

3. Members shall apply the provisions of this Agreement and of the Multilateral Trade Agreements annexed to this Agreement in accordance with the customary meaning of the terms of the agreements in their context and in the light of their object and purpose.

4. Nothing in this Agreement or the Multilateral Trade Agreements shall be construed to prevent the adoption or enforcement by any Member of measures necessary to protect human, animal or plant life or health, or to ensure compliance with laws or regulations which are not inconsistent with the provisions of this Agreement or the Multilateral Trade Agreements, including those relating to the protection of intellectual property.

5. The WTO shall not require Members to derogate from any obligation assumed by them under existing international agreements, except where the obligations of such agreements conflict with the provisions of this Agreement or the Multilateral Trade Agreements, or where the continued existence of such agreements impairs the effective operation of this Agreement or the achievement of the objectives of the WTO