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MTE/NTM/W/192/Rev. 5
Page 40

2. Each panel shall develop its own working procedures. All Parties having a substantial interest in the matter and having notified this to the Committee, shall have an opportunity to be heard. Each panel may consult and seek information and technical advice from any source it deems appropriate. Before a panel seeks such information or technical advice from a source within the jurisdiction of a Party, it shall inform the government of that Party. In case such consultation with competent bodies and experts is necessary it should be at the earliest possible stage of the dispute settlement procedure. Any Party shall respond promptly and fully to any request by a panel for such information as the panel considers necessary and appropriate. Confidential information provided to the panel shall not be revealed without formal authorization from the government or person providing the information. Where such information is requested from the panel but release of such information by the panel is not authorized, a non-confidential summary of the information will be provided by the government or persca

supplying the information.

3. Where the parties to a dispute have failed to come to a satisfactory solution, the panel shall submit its findings in a written form. Panel reports should normally set out the rationale behind any findings and recommendations that it makes. Where a bilateral settlement of the matter has been found, the report of the panel way be confined to 2 brief description of the case and to reporting that a solution has been reached.

MTN/NTM/W/192/Rev 5
Page 41

4.

To encourage development of mutually satisfactory solutions between the parties and with a view to obtaining their comments, each panel should

first submit the descriptive part of its report to the parties concerned,

and should subsequently submit to the parties to the dispute its conclusions,

or an outline thereof, a reasonable period of time before they are

circulated to the Parties.

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The following text of a draft Agreement on Import Licensing Procedures is circulated at the request of a number of delegations.

The circulation of this text does not prejudice the right of delegations to

revert to specific issues.

Delegations reserve the right to propose amendments to the French and Spanish texts in order to bring these into line with the English text.

(275)

MIN/NIM/W/231
Page 2

AGREEMENT ON INPORT LICENSING PROCEDURES

PREAMBLE

The Parties to this Agreement on Import Licensing Procedures;

Desiring to further the cbjectives of the General Agreement on Tariffs

and Trade;

Taking into account the particular trade, development and financial needs of developing countries;

Recognizing the usefulness of automatic import licensing for certain purposes and that such licensing should not be used to restrict trade; Recognizing that import licensing may be employed to administer measures such as those adopted pursuant to the relevant provisions of the General Agreement on Tariffs and Trade;

Recomizing also that the inappropriate use of import licensing procedures may impede the flow of international trade;

Desiring to simplify, and bring transparency to, the administrative procedures and practices used in international trade, and to ensure the fair and equitable application and administration of such procedures and practices;

Desiring to provide for a consultative mechanism and the speedy,

effective and equitable resolution of disputes arising under this Agreement;

Hereby agree as follows:

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