General Agreement on Tariffs and Trade

Article XIII
Non-discriminatory Administration of Quantitative Restrictions

1. No prohibition or restriction shall be applied by any contracting
party on the importation of any product of the territory of any other
contracting party or on the exportation of any product destined for the
territory of any other contracting party, unless the importation of the
like product of all third countries or the exportation of the like
product to all third countries is similarly prohibited or restricted.

2. In applying import restrictions to any product, contracting parties
shall aim at a distribution of trade in such product approaching as
closely as possible the shares which the various contracting parties
might be expected to obtain in the absence of such restrictions, and to
this end shall observe the following provisions:

(a) Wherever practicable, quotas representing the total amount of
permitted imports (whether allocated among supplying countries or
not) shall be fixed, and notice given of their amount in accordance
with paragraph 3 (b) of this Article;

(b) In cases in which quotas are not practicable, the restrictions may
be applied by means of import licences or permits without a quota;

(c) Contracting parties shall not, except for purposes of operating
quotas allocated in accordance with sub-paragraph (d) of this
paragraph, require that import licences or permits be utilized for
the importation of the product concerned from a particular country
or source;

(d) In cases in which a quota is allocated among supplying countries,
the contracting party applying the restrictions may seek agreement
with respect to the allocation of shares in the quota with all
other contracting parties having a substantial interest in
supplying the product concerned. In cases in which this method is
not reasonably practicable, the contracting party concerned shall
allot to contracting parties having a substantial interest in
supplying the product shares based upon the proportions, supplied
by such contracting parties during a previous representative
period, of the total quantity or value of imports of the product,
due account being taken of any special factors which may have
affected or may be affecting the trade in the product. No
conditions or formalities shall be imposed which would prevent any
contracting party from utilizing fully the share of any such total
quantity or value which has been allotted to it, subject to
importation being made within any prescribed period to which the
quota may relate.

3. (a) In cases in which import licences are issued in connection with
import restrictions, the contracting party applying the restrictions
shall provide, upon the request of any contracting party having an
interest in the trade in the product concerned, all relevant information
concerning the administration of the restrictions, the import licences
granted over a recent period and the distribution of such licences among
supplying countries; Provided that there shall be no obligation to supply
information as to the names of importing or supplying enterprises.

(b) In the case of import restrictions involving the fixing of quotas,
the contracting party applying the restrictions shall give public notice
of the total quantity or value of the product or products which will be
permitted to be imported during a specified future period and of any
change in such quantity or value. Any supplies of the product in question
which were en route at the time at which public notice was given shall
not be excluded from entry; Provided that they may be counted so far as
practicable, against the quantity permitted to be imported in the period
in question, and also, where necessary, against the quantities permitted
to be imported in the next following period or periods; and Provided
further that if any contracting party customarily exempts from such
restrictions products entered for consumption or withdrawn from warehouse
for consumption during a period of thirty days after the day of such
public notice, such practice shall be considered full compliance with
this sub-paragraph.

(c) In the case of quotas allocated among supplying countries, the
contracting party applying the restrictions shall promptly inform all
other contracting parties having an interest in supplying the product
concerned of the shares in the quota currently allocated, by quantity or
value, to the various supplying countries and shall give public notice
thereof.

4. With regard to restrictions applied in accordance with paragraph 2 (d)
of this Article or under paragraph 2 (c) of Article XI, the selection of
a representative period for any product and the appraisal of any special
factors affecting the trade in the product shall be made initially by the
contracting party applying the restriction; Provided that such
contracting party shall, upon the request of any other contracting party
having a substantial interest in supplying that product or upon the
request of the CONTRACTING PARTIES, consult promptly with the other
contracting party or the CONTRACTING PARTIES regarding the need for an
adjustment of the proportion determined or of the base period selected,
or for the reappraisal of the special factors involved, or for the
elimination of conditions, formalities or any Other provisions
established unilaterally relating to the allocation of an adequate quota
or its unrestricted utilization.

5. The provisions of this Article shall apply to any tariff quota
instituted or maintained by any contracting party, and, in so far as
applicable, the principles of this Article shall also extend to export
restrictions.

Author: international

Mentioned in these Entries

Other provisions, country.