DTIS, Volume I - Enhanced Integrated Framework (EIF)
DTIS, Volume I - Enhanced Integrated Framework (EIF)
DTIS, Volume I - Enhanced Integrated Framework (EIF)
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Several provisions such as Article 11.8 of the Technical Barriers to Trade Agreement and<br />
Article 67 of the TRIPS Agreement encourage support and provision of technical<br />
assistance without any commitments.<br />
A number of provisions allow longer phasing in periods for least-developed countries of<br />
specific commitments, but in each case, these periods have expired: Article 14 of the SPS<br />
Agreement; Article 5 (2) of the TRIMS Agreement and Article 27.3 of the Subsidies<br />
Agreement. Finally two provisions are the same for developing countries as they are for<br />
least developed countries, but least-developed countries have a specific mention: Article<br />
8 of the Understanding of Balance of Payments Provisions and Article 5(3) of the TRIMS<br />
Agreement.<br />
This leaves six areas where least-developed countries receive specific and concrete<br />
benefits greater than other developing countries.<br />
Under Article 15 (2) of the Agreement on Agriculture, least developed countries are not<br />
required to reduce subsidies or agricultural import tariffs. Since Maldives operates no<br />
agricultural subsidies (production or export), this is not an issue. Maldives has already<br />
bound 100 per cent of its tariffs, including agriculture. These bound rates are generally<br />
substantially higher than applied rates, so that any commitments to reduce bindings will<br />
have little real effect in the short and medium term.<br />
Under Article 6.6 (a) of the Agreement on Textiles and Clothing, least developed<br />
countries enjoy more preferential treatment, but this agreement has since expired and has<br />
no relevance.<br />
Under Article 27 (2) of the Agreement on Subsidies and Countervailing Duties, the<br />
prohibition on the use of export subsidies is not applied to Annex VII countries (least<br />
developed). However, Maldives does not have any export subsidies and is unlikely to<br />
have any in the future, so this provision has little relevance.<br />
Article 66(1) of TRIPS Agreement provides a 10-year implementation period for LDCs<br />
that can be extended (subject to agreement from the Council on TRIPS). The Council has<br />
granted further extensions to LDCs that have not yet fully implemented their<br />
commitments. However, the laws relating to TRIPS have been drafted in the Maldives<br />
and are currently being translated into Dhivehi. Parliament is expected to pass this<br />
legislation during 2006.<br />
Article 24 (1) and (2) of the Understanding of Procedures Governing the Settlement of<br />
Disputes provides for more consideration to be given by members to LDCs and<br />
procedures which allow arbitration by the DG of WTO to resolve any dispute amicably,<br />
in the interests of a least-developed country.<br />
LDCs have less frequent trade policy reviews and the WTO Secretariat provides technical<br />
assistance in the preparation of the government’s Report. Since most developing<br />
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