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Contract Number: ID-0AA-I-12-00035 Order Number: AID-306-TO-13-00009 umber: ID-0AA-I-12-00035 Order Number: AID-306-TO-

WORLD TRADE ORGANIZATION (WTO) NOTIFICATIONS MANUAL Afghanistan Trade and Revenue (ATAR) Project

November 2016 This publication was produced by Chemonics International for review by the United States Agency for International Development.

Contract Number: ID-0AA-I-12-00035 Order Number: AID-306-TO-13-00009

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WTO NOTIFICATIONS MANUAL

Transparency is one of the fundamental norms of international trade and generally accepted as essential to modern governance. The WTO Glossary defines transparency as the “degree to which trade policies and practices, and the process by which they are established, are open and predictable.”

Introduction

Beside publication, which ensures that policies and regulations affecting trade are made accessible to governments and traders, notifications are a key transparency tool. Notifications allow the monitoring of the trade policies implemented by WTO Members and their impact on the multilateral trading system. The information notified leads to a greater understanding of the Member’s trade policy and, more generally, enhances predictability and certainty. Notifications also assist the private sector, which thanks to complete and timely notifications is able to identify more easily new business opportunities or new trade obstacles. Finally, through notifications, the notifying administration keeps track of legislative processes and monitors the relationship of newly introduced legal provisions with WTO obligations and commitments.

The WTO Agreements foresees three main types of notifications:

One-time notification: When joining the WTO, Members notify their implementing legislation, i.e. laws, regulations, decisions of general application. Afghanistan has submitted its initial notifications upon accession.

Ad-hoc notification: All Members have an outstanding obligation to notify any change in their trade legislation. These notifications are due whenever a Member introduces (or is about to introduce) a specific measure.

Periodic notifications: Notifications have to be regularly submitted in line with the frequency and deadlines established in the corresponding procedures.

The Working Party Report on the Accession of the Islamic Republic of Afghanistanto the WTO (WT/ACC/AFG/36 - WT/MIN(15)/6, 13 November 2015) specifically addresses the issue of notifications. Paragraph 292 of the Report states that “[t]he representative of Afghanistan confirmed that at the latest upon entry into force of the Protocol of Accession, Afghanistan would submit all initial notifications required by the WTO Agreement. Any laws, regulations, or other measures subsequently enacted by Afghanistan, and which were required to be notified pursuant to the WTO Agreement, would also be notified in a time and manner consistent with WTO requirements. The Working Party took note of these commitments.”

Notifications requirements are scattered throughout the WTO Agreements. The Manual aims at facilitating the preparation of WTO notifications by describing the content, format and timeframe of

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WTO notifications, and presenting various sources of information useful in the preparation of notifications.

The Manual covers the following areas in which WTO Members, including the Islamic Republic of Afghanistan, have to prepare and submit notifications:

• Import licensing procedures • Quantitative restrictions • State trading enterprises • Regional trade agreements • Rules of origin • SPS • TBT • Trade in services • IPR • Safeguards • Anti-dumping • Subsidies (industrial) and countervailing duties • Privatization process (“yearly updates”)

Each topic is presented in a separate chapter.

Where applicable, chapters include references to Afghanistan’s initial (“upon accession”) notifications (in italic in the Manual. The initial notifications are a precious source of information. Several notifications that Afghanistan will have to prepare and submit going forward consist, to a large extent, of updates of the initial notifications.

For each of the areas covered, the Manual identifies the various notification requirements and mentions the relevant legal basis in the corresponding WTO Agreement or Decision, the content of the notification, the frequency of the notification and where appropriate, as in the case of ad hoc notifications, the event that triggers the notification obligation.

Further, working in Committees, WTO Members have developed guidelines in relation to notification requirements in several areas. Where relevant, the Manual refers to such guidelines and provides the respective document numbers. In particular, in 1996 a series of Technical Cooperation Handbook on Notification Requirements (WT/TC/NOTIF series) was developed, covering notifications in several areas. The Technical Cooperation Handbooks are still very relevant although at times a bit out of date.

Where available, for each notification requirement the Manual includes references to examples of notifications by other WTO Members, to relevant WTO documents (e.g. WTO Notification Handbooks) and to other relevant material freely accessible on the WTO official website (www.wto.org). All WTO documents mentioned in the Manual are referred to with their official WTO reference number and can be accessed through the WTO documents and resources gateway (https://docsonline.wto.org).

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For some notifications WTO Members have agreed on specific formats to be used in the preparation of the notifications. Where such specific formats exist, the Manual explains their content in details. Copy of the main formats is attached to the Manual (ANNEXES

Afghanistan’s Ministry of Commerce and Industries (MoCI) leads and coordinates the preparation of the notifications. To ensure the timely preparation of notifications, it is recommended to establish a transparent coordination mechanism, submission and follow-up of notifications as needed. The organizational aspects for the preparation of the notifications are not covered by WTO rules. It is up to each WTO Member to devise the most suitable set-up. For this task, the Government of the Islamic Republic of Afghanistan has created a unit responsible for the coordination of the preparation of the notifications within MoCI.

). Where no specific format exists, the Manual suggests possible wordings to be used for the notifications.

Notifications are addressed to the relevant WTO Committee, as specified in the Manual, and sent to the WTO Central Registry of Notifications (CRN) (CRN@wto.org) which circulates the notifications to the rest of the WTO membership for information purposes. Notifications shall not be sent to WTO bodies and / or Secretariat staff. The CRN records all notifications received by the organization from WTO Members and provides descriptive information on each notification submitted. The CRN is also used to manage the annual calls (“reminders”) for notifications from Members and to claim outstanding submissions of periodic notifications for the current year (periodic notifications are those for which the WTO Secretariat is able to determine that an obligation exists to notify within a given period). In addition, the Chairs of the respective Committees (or Councils) prepare documents concerning compliance of Members of their notification obligation. See for instance the report of the Council for Trade in Goods Committees’ “Updating the Listing of Notification Obligations and the Compliance as Therewith as Set Out in Annex III of the Report of the Working Group on Notification Obligations and Procedures”, G/L/223/Rev.24, 22February 2017. The review and discussion of the content of the notifications takes place in the Councils and Committees, which meet on a regular basis. A list of the different committees at the WTO is available here: http://www.wto.org/english/thewto_e/whatis_e/tif_e/dev2_e.htm

The CRN receives all notifications, registers them in a database and directs them to the corresponding operational divisions in the WTO Secretariat. All notifications can be searched and consulted in the trilingual web document dissemination facility, Documents online. Since notification documents are unrestricted, Members can use either the public version of Documents online on the WTO web site (http://docsonline.wto.org/) or the restricted version of the database, available by password only, on the WTO Members' site (http://members.wto.org/members/). A special Notifications section on the Members' site provides detailed information on the operation of the CRN and also gathers together basic sources of information on specific notification obligations and procedures (http://members.wto.org/WTO_resources/notifications/site_sources_e.htm)

In some areas, such as Sanitary and Phytosanitary Measures and Technical Barriers to Trade and Quantitative Restrictions, the WTO Secretariat has developed and manages dedicated databases that compile the content of the notifications and allows for targeted searches. See for instance the SPS Information Management System (SPS IMS) - http://spsims.wto.org- the Technical Barriers to Trade

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Information Management System (TBT IMS) - http://tbtims.wto.org - and the Quantitative Restrictions website (QR website) - free subscription, password required http://qr.wto.org/Private/Welcome.aspx?ReturnUrl=%2fReports%2fHome.aspx&lang=en

Although all notifications are available the WTO web site (http://docsonline.wto.org/) it is strongly recommended to keep copies of every notification sent to the WTO in file.

The calendar of notifications for Afghanistan for the 2017-2010 period

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lists the periodic notifications that Afghanistan has to prepare and submit during the period identified, as well as the ad-hoc notifications, specifying for each notification requirement the trigger event and the applicable timeframe.

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WTO Agreement on Import Licensing Notifying entity: MoCI Notify to: WTO Committee on Import Licensing

How: email to CRN@wto.org Initial notification Upon accession Afghanistan has notified pursuant to Article 1.4(a) the names and publications in which rules and information relevant to import licensing procedures can be found (“Official Gazette”, published by the Ministry of Justice). Also, pursuant to Article 8.2(b) Afghanistan has notified the laws and regulations pertaining to import licensing procedures and provided the full text of each measure in Dari as well as a summary in English. The initial notification included 11 import licensing procedures, dealing with the following products: armored vehicles, military equipment, endangered species, ozone depleting substances, films, movies, cassettes and discs, narcotics, materials destructive to the ozone layer, pharmaceuticals and medical equipment, cosmetics, and pharmacy tools, telecommunication equipment, veterinary equipment and medicines, printed books, brochures, leaflets and other printed matters, optical disks, agriculture pesticides. WTO Document - Committee on Import Licensing - Agreement on Import Licensing Procedures - Notification under Article 1.4(a) and/or 8.2(b) of the Agreement, G/LIC/N/1/AFG/1, 10 August 2016. What needs to be notified •

Changes in publications in which information relevant to the ILP Agreement is published and / or changes in laws/regulations and administrative procedures, compared to initial notifications, pursuant to Article 1.4(a) and/or 8.2(b) of the Agreement on Import Licensing Procedures

The notification of changes compared to the initial notification, submitted by Afghanistan upon accession (WTO Document - G/LIC/N/1/AFG/1, 10 August 2016), shall take place within 60 days of publication of the changes. The format for the notification (ANNEX 1) requires the following information: 1- Identify whether it is a notification under Article 1.4(a) and / or Article 8.2(b). 2- Mention the source(s) where the Import Licensing Procedure(s) has(ve) been published (Official Gazette, publication, website, etc.). 3- Provide the date of publication and the date of entry into force of the measure (date of effective requirement). 4- Attach to the notification copy(ies) of publication (in case of Art. 1.4(a)) and/or legislation (in case of Art. 8.2(b)). 5- include summary in case the legislation is not in one of the three WTO official languages (English, French or Spanish), if translation in English is available, join translation specifying that the relevant publications, laws and regulations are authentic only in Dari / Pashto and that the English translations are for reference only. 6- Include other pertinent data or information (i.e. title of the proposed or adopted law/regulation establishing the import licensing procedure). The notified changes are consolidated in the Questionnaire on Import Licensing Procedures, to be prepared and submitted on a yearly basis, pursuant to Article 7.3 of the Agreement. Examples

: Notification under Articles 1.4(a) and/or 8.2(b) of the Agreement, Albania, G/LIC/N/1/ALB/4, 9 October 2012.

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Notifications under Articles 1.4(a) and/or 8.2(b) are distributed in the document series G/LIC/N/1/[MEMBER].

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New Import Licensing Procedures or Changes to Laws and Regulations Pertaining to Import Licensing Procedures, Pursuant to Articles 5.1-5.4 of the Agreement on Import Licensing Procedures

The notification of newly instituted licensing procedures - not included in the “initial”, upon accession notification-or changes to existing ones, shall take place within 60 days of publication of the new procedure or changes to existing ones. There format for this type of notifications (ANNEX 2) requires the following information: 1- Title / number / date of the law or regulation establishing / changing the import licensing procedure

(e.g. law, regulation, decree, full title, date, number, publication in Official Gazette, if relevant). If the notified measure refers to a change in an already notified import licensing procedure, indicate the WTO document symbol of the notification to which change(s) has(ve) been introduced.

-List of products subject to the licensing procedure, exact name of the products and/or whenever possible HS code and indication of the HS nomenclature. In the case of a long list of products, attach the list as an Annex in Microsoft Word or compatible software.

2- Information concerning the institution / change of import licensing procedure:

-Contact point for information on eligibility. -Administrative body(ies) for submission of applications (if more than one please include the same information for each body). -Date and name of publication where licensing procedures are published. -Indication of whether the licensing procedure is automatic, indicate the administrative purpose and if non-automatic, indicate the measure being implemented through the import licensing procedure. -Expected duration of the licensing procedure if this can be estimated with some probability, and if not, reason why this information cannot be provided (e.g. effective from the date of publication till [insert date]). 3 - Other relevant data or information

(i.e. complete title and data concerning the legislation, inclusion or exclusion of certain products from the import licensing regime and list thereof; changes related to the administrative body(ies) for submission of applications, etc.).

The notified changes are consolidated in the Questionnaire on Import Licensing Procedures, to be prepared and submitted on a yearly basis, pursuant to Article 7.3 of the Agreement. Examples

: Notification under Articles 5.1-5.4 of the Agreement, Saudi Arabia, G/LIC/N/2/SAU/1, 10 March 2014, Notification under Articles 5.1-5.4 of the Agreement, Ukraine, G/LIC/N/2/UKR/5, 10 December 2013.

Notifications under Articles 5.1-5.4 are distributed in the document series G/LIC/N/2/[MEMBER].

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Questionnaire on Import Licensing Procedures, pursuant to Article 7.3 of the Agreement on Import Licensing Procedures

The notification via the Questionnaire takes place every year, by 30 September. The format for the

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notification is contained in WTO Document G/LIC/3, 7 November 1995 (ANNEX 3). The basis for the preparation of the Questionnaire is the accession document WT/ACC/AFG/10/Rev.1, 28 June 2013 (Questionnaire on Import Licensing Procedures), as well as the initial notification of Afghanistan in WTO Document Committee on Import Licensing - Agreement on Import Licensing Procedures - Notification under article 1.4(a) and/or 8.2(b) of the Agreement G/LIC/N/1/AFG/1, 10 August 2016. By and large, the preparation of the Questionnaire consists in thoroughly updating the accession document WT/ACC/AFG/10/Rev.1, 28 June 2013 (Questionnaire on Import Licensing Procedures). Future notifications pursuant to Articles 1.4(a), 8.2(b) and 5.1-5.4 of the Agreement are consolidated in the Questionnaire. The Questionnaire has seven

sections with the following content:

1. Provide concise description of each licensing system in force, with full reference to the relevant legal basis and licensing authority.

1. Outline of Systems

2. Identify what products are covered by the licensing system, if possible refer to HS nomenclature. 2. Purposes and Coverage of Licensing

3. Confirm that the licensing system applies to goods originating from all counties, unless it only applies to goods from specific countries. 4. Explain that the licensing system is not intended to restrict the quantity or value ofimports and state aim of the system (e.g. protection of human health, protection of theenvironment, state security, public safety, copyrights). 5. Cite the law, regulation and/or administrative order under which the licensing is maintained with full reference to relevant publication (number and year of the Official Gazette published by the Ministry of Justice, other publications); confirm that relevant legal basis does not leave designation of products to be subjected to licensing to administrative discretion. Except where licensing system based on Decree; confirm that the Government (executive branch) cannot abolish import licensing system without legislative approval.

6. State that there are no quantitative restrictions. 3. Procedures

7. Specify (a) How far in advance of importation (how many days/months) must the application for a licence be made? Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence (for example, owing to inadvertency)?(b) Can a licence be granted immediately on request?(c) Are there any limitations as to the period of the year during which application for licence and/or importation may be made?(d) Is consideration of licence applications effected by a single administrative organ? Ormust the application be passed on to other organs for visa, note or approval? If so,which? Does the importer have to approach more than one administrative organ? 8. Under what circumstances may an application for a licence be refused other than failure tomeet the ordinary criteria? Is the applicant informed about the reasons for any refusal? Have applicantsa right of appeal in the event of refusal to issue a licence and, if so, to what bodies and under whatprocedures (which domestic courts, if any)?

9. Are all persons, firms and institutions eligible to apply for licences? If not, is there a system of registration of persons or firms permitted to engage inimportation? Whatpersons or firms are eligible? Is there a registration fee? Is there a published list of authorizedimporters? (e.g. registration of business, obtain trade or investment license)

4. Eligibility of Importers to Apply for Licence

5. Documentational and Other Requirements for Application for Licence

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10. What information is required in applications? Whatdocuments is theimporter required to supply with the application? 11. What documents are required upon actual importation? 12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee orcharge? 13. Is there any deposit or advance payment requirement associated with the issue of licences? If so, state the amount or rate, whether it is refundable, the period of retention and the purpose ofthe requirement.

14. What is the period of validity of a licence? Can the validity of a licence be extended? How? 6. Conditions of Licensing

15. Is there any penalty for the non-utilization of a licence or a portion of a licence? 16. Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer? 17. Are any other conditions attached to the issue of a licence?

18. Are there any other administrative procedures, apart from import licensing and similaradministrative procedures, required prior to importation?

7. Other Procedural Requirements

19. Is foreign exchange automatically provided by the banking authorities for goods to be imported? Is a licence required as a condition to obtaining foreign exchange? Is foreign exchange always available to cover licences issued? What formalities must be fulfilled for obtaining the foreign exchange? Examples

: Replies to Questionnaire on import licensing procedures by Tajikistan, WTO Document G/LIC/N/3/TJK/1, 6 October 2014; Replies to Questionnaire on import licensing procedures by Kazakhstan, WTO Document G/LIC/N/3/KAZ/1, 29 June 2016.

Notifications under Article 7.3 (Questionnaire) are distributed in the document series G/LIC/N/3/[MEMBER]. Additional information • “An Inventory to Importing Goods into Afghanistan – January

2013”http://moci.gov.af/Content/files/An%20Inventory%20to%20Importing%20Goods%20into%20Afghanistan.pdf

• WT/TC/NOTIF/LIC/1, 15 October 1996 - Technical Cooperation Handbook on Notification Requirements –Agreement on Import Licensing Procedures

• WTO e-learning module on Import Licensing https://ecampus.wto.org/admin/files/Course_385/Module_1576/ModuleDocuments/ILP-L1-R1-E.pdf

• WTO portal section on Import Licensing Procedures https://www.wto.org/english/tratop_e/implic_e/implic_e.htm

Coordination With ministries and agencies responsible for the different import licensing procedures, including the Ministry of the Interior, Ministry of Agriculture, Irrigation and Livestock, National Environmental Agency of Afghanistan, Ministry of Public Health, Ministry of Information and Culture, Ministry of Counter-Narcotics, Ministry of Communications and Information Technology, Ministry of Finance – Afghan Customs Department, as well as Afghanistan Investment Advisory Service, Afghanistan Chamber of Commerce and Industries and Association of Afghanistan Freight Forwarder Companies.

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Quantitative Restrictions Notifying entity: MoCI

Notify to: WTO Committee on Market Access How: email to CRN@wto.org

Initial notification Upon accession Afghanistan has notified pursuant to the Decision on Notification Procedures for Quantitative Restrictions adopted by the Council for Trade in Goods on 22 June 2012 all quantitative restrictions that it maintains, using the format contained in Annex 1 of the Decision on Notification Procedures for Quantitative Restrictions (WTO Document G/L/59/Rev.1, 3 July 2012). In line with the format for notifications, Afghanistan notified all quantitative restrictions except import restrictions, which have been notified separately as part of the initial notification of import licensing procedures. In its initial notification, Afghanistan notified a total of sixteen quantitative restrictions. WTO Document - Committee on Market Access - Notification pursuant to the Decision on Notification Procedures for Quantitative Restrictions (G/L/59/Rev.1), G/MA/QR/N/AFG/1, 25 August 2016. What needs to be notified •

All Quantitative Restrictions in Force, Pursuant to the Decision on Notification Procedures for Quantitative Restrictions (WTO Document G/L/59/Rev.1, 3 July 2012)

Afghanistan is required to submit a complete notification at two yearly intervals after the initial notification, by 30 September. The initial notification covers the biennial period 2014-2016. The next notification will cover the 2016-2018 biennial period and the one after the 2018-2020 biennial period. The notification is done using the format contained in Annex 1 of the Decision on Notification Procedures for Quantitative Restrictions (WTO Document G/L/59/Rev.1, 3 July 2012) (ANNEX 4). The term "quantitative restriction" is not defined (see nevertheless GATT Article XI). Annex 2 of the Decision on Notification Procedures for Quantitative Restrictions (WTO Document G/L/59/Rev.1, 3 July 2012), contains an indicative list of measures to be notified, which includes import and export prohibitions (bans), global quotas, non-automatic licensing, quantitative restrictions made effective through state trading operations, voluntary export restraints, etc. Afghanistan is required to provide the following information for each restriction in force: (1) General description of the restriction: a general description of the restriction in force (e.g. prohibition to import ozone depleting substances; prohibition to import live animals of endangered species; prohibition to import pork meat; quota for the import of fish; non-automatic licence for the import of guns and ammunition, etc.). (2) Type of restriction: a precise indication of the type of restriction imposed using the symbols contained in Annex 2. If the restriction relates to a measure for which a symbol does not exist, then a full description of the measure shall be provided. (3) Tariff line code: a detailed description of the tariff line(s) or parts of tariff line(s) affected by the restriction, together with an indication of the Harmonized System (HS) version on which the code(s) is(are) based (e.g. HS2002, HS2007, HS2012, etc.). The symbol "ex" should be added after the tariff line code to indicate that only part of the products classified therein are covered by the restriction. (4)Detailed product(s) description: a detailed description of the product(s) covered by the restriction, which should correspond to the tariff line codes listed, trying to be as precise as possible in those cases where the restriction only covers part of an HS subheading (i.e. only part of a six digit code). (5)WTO justification: an indication of the grounds and WTO justification for the measures maintained, including any relevant international commitment where appropriate, and the precise WTO provisions

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which Afghanistan cites as justification. (6) National legal basis: reference to the law, regulation or administrative decision establishing the restriction, including its date of entry into force and, for temporary measures, the date it ceases to be in force (if known). (7) Member comments, administration of the restriction or modification of a previously notified restriction: the last column provides an opportunity to provide additional information about the restriction or to explain the modifications introduced to a previously notified measure. It should include, where applicable, the following elements: (a) a description of the manner in which the restriction is administered (e.g. through an import licensing procedure, etc.) and whether it is applied globally (i.e. on an MFN basis) or specifically to the trade of one or more trading partners (i.e. bilaterally or plurilaterally, and to which trading partners); (b) in the case of volume-based measures, information on the quantity of permissible imports, the degree of quota utilization and, when available, on the level of production or consumption; (c) in the case of modifications to a previously notified restriction, a description of the change. The initial notification (G/MA/QR/N/AFG/1, 25 August 2016) prepared and submitted by Afghanistan shall serve as a basis for the preparation of the biennial notification and so on for each subsequent notification. The preparation of the biennial requires verifying the accuracy of listed quantitative restrictions and the validity of the respective legal basis. The biennial notification shall also include any modifications to the legal bases of quantitative restrictions (whether previously notified or not), reflecting the content of notifications intervened during the intervals, if any.

Format Cover page

On the cover page of the format, under point “D”, specify that the notification is (1.) Complete (i.e. notification of all quantitative restrictions in force). Since import licenses are notified separately, this should be mentioned in the cover page of the format under point “F” “This notification contains information relating to: Section 1: List of quantitative restrictions that are currently in force AND Section 2: Cross-reference to other WTO notifications with information on quantitative restrictions that are currently in force and additional information; as well as in Section 2 of the Format “Section 2: Cross-reference to other WTO notifications with information on quantitative restrictions that are currently in force” and point 4 “Agreement on Import Licensing Procedures (non-automatic licences)” (A. Was a notification made with information on a quantitative restriction? Yes No / B. If yes, then list below the relevant document symbol and include any information element missing in the notification). •

New Quantitative Restrictions or Changes to Existing Ones,Pursuant to Decision on Notification Procedures for Quantitative Restrictions (WTO Document G/L/59/Rev.1, 3 July 2012)

Besides the biennial notification requirement, new quantitative restrictions and changes to existing ones shall be notified as soon as possible, but no later than six months from their entry into force, using the same format as for the biennial notification, contained in Annex 1 of the Decision on Notification Procedures for Quantitative Restrictions (WTO Document G/L/59/Rev.1, 3 July 2012) (ANNEX 4). New measures and changes shall then be consolidated in the biennial notification.

Format Cover page

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On the cover page of the format, under point “C” insert the number of the WTO Document with the last (most recent) notification. Under point “D”, insert the document symbol of the previous notification to which the changes and additions refer under point “D.2”. Specify whether the changes to a notification previously made (point “2” - insert reference number WTO Document) consist of (2.1.)Introduction of new restrictions, as listed in Section 1 or of (2.2.)Elimination of restrictions (add description under point “G”) or of (2.3.)Modification of a previously notified restriction. Additional information • WT/TC/NOTIF/MA/1, 15 October 1996 - Technical Cooperation Handbook on Notification

Requirements – Tariffs and Non-Tariff Measures • WTO DATABASE QRs: http://qr.wto.org (password required, free subscription) • WTO homepage - section on quantitative restrictions

https://www.wto.org/english/tratop_e/markacc_e/qr_e.htm and https://www.wto.org/english/tratop_e/markacc_e/qrfaq_e.htm

• WTO Document - JOB/MA/6, 2 March 2010 - Committee on Market Access - Background Note prepared for the Committee's discussion on the Decision on Notification Procedures for Quantitative Restrictions

Coordination With all ministries and agencies that are responsible for the administration of the quantitative restrictions mentioned in the notification, including Afghan Customs Department, Ministry of Counter Narcotics / Committee on Drug , Ministry of Interior Affairs / National Directorate for Security, Ministry of Agriculture, Irrigation and Livestock, National Environment Protection Agency, Ministry of Interior Affairs, Ministry of Information and Culture / Institute for Archaeological Studies and Historical Monuments, Ministry of Information and Culture, Ministry of Mines and Petroleum / Cadastre Department.

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GATT 1994 Article XVII:4(a) and Understanding on the Interpretation of Article XVII:4 (a) Notifying entity: MoCI

Notify to: WTO Working Party on State Trading Enterprises How: email to CRN@wto.org

Initial notification Upon accession Afghanistan has submitted a “full and new” notification pursuant to Article XVII:4 of GATT 1994, and paragraph 1 of the Understanding on the Interpretation of Article XVII of GATT 1994. In the notification, and in line with the content of the Working Party Report on the Accession of Afghanistan to the WTO (para. 40), Afghanistan reported Da Afghanistan BreshnaSherkat (DABS) as the only state trading enterprise that meets the definition set out in paragraph 1 of theUnderstanding on the Interpretation of Article XVII of the GeneralAgreement on Tariffs and Trade 1994 for the purposes of notification.WTO Document - Working Party on State Trading Enterprises - State trading - New and full notification pursuant to article XVII:4(a) of the GATT 1994 and paragraph 1 of the Agreement on the Implementation of Article XVII, G/STR/N/16/AFG, 9 August 2016. What needs to be notified •

State Trading Enterprises, Pursuant to Article XVII:4(a) of the GATT 1994 and Paragraph 1 of the Agreement on the Implementation of Article XVII

Afghanistan is required to submit a notification of STEs every two years, pursuant to the Recommendation on the Frequency of Notifications contained in WTO Document G/STR/5, and approved by the Council for Trade in Goods on 26 November 2003. The next notification is due in 2018 (2020, 2022 etc.). The notification consists in completing the Questionnaire (G/STR/3/Rev.1) (ANNEX 5). The Questionnaire seeks the following information: 1- Description of the products affected 2- Reason or purpose for establishing/maintaining the STE 3- Summary of the legal basis for the granting of the exclusive or specialright or privilege to the STE 4- Description of the functioning of the STE 5- Statistical information on imports, exports and domestic production (Tables I, II and III) To facilitate the preparation, the Questionnaire (G/STR/3/Rev.1) is accompanied by detailed guidelines. The following aspects should be considered when preparing future notifications: • For the notification of Da Afghanistan BreshnaSherkat (DABS), the accuracy of the information under

points 1-4 in the initial notification (i.e. 1- Description of the products affected; 2- Reason or purpose for establishing/maintaining the STE; 3- Summary of the legal basis for the granting of the exclusive or specialright or privilege to the STE and 4- Description of the functioning of the STE) should be verified with the company, paying attention in particular to possible legislative changes (summary of legal basis) and to the description of the functioning of DABS.

• Regarding the statistical information under point 5, assuming that DABS will not export electricity to its neighboring countries, the preparation of the tables would require obtaining the yearly financial statements from DABS to prepare the following:

(1) updated version of Table I (imports) with data for the last year regarding Total quantity imported

(kWh), Quantity imported by state trading enterprise (kWh), Average import price (Afs/kWh),

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Average representative domestic sales price (Afs/kWh), National production (kWh), as well as (2) updated version of Table (III) (domestic activities) with data for the last year regarding Domestic

purchases by state trading enterprise (kWh), National production (kWh), Domestic sales by state trading enterprise (kWh) and National consumption (kWh).

• Table II only becomes relevant in the event that DABS exports electricity.

Notifications under Article XVII:4(a) of the GATT 1994 and Paragraph 1 of the Understanding on the Interpretation of Article XVII are distributed in the document series G/STR/N/13/[MEMBER] (the number, “13”, changes every two years – “14”, “15”, etc…). Additional information • WT/TC/NOTIF/STR/1, 15 October 1996 - Technical Cooperation Handbook on Notification

Requirements - Article XVII of GATT 1994 and the WTO Understanding on the Interpretation of Article XVII (State Trading Enterprises)

• WTO homepage - section on state trading enterprises https://www.wto.org/english/tratop_e/statra_e/statra_e.htm

Coordination

With Da Afghanistan BreshnaSherkat (DABS).

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Regional Trade Agreements Notifying entity: MoCI

Notify to: WTO Committee on Trade and Development (CTD) / Council for Trade in Goods (CTG) / Council for Trade in Services (CTS) – depending on the scope of the agreement How: email to CRN@wto.org

Initial notification Upon accession, Afghanistan has notified its participation to the South Asian Free Trade Agreement (SAFTA). Afghanistan signed SAFTA on 3 August 2008 and the Trade Liberalization Programme (TLP) under SAFTA entered into force for Afghanistan on 7 August 2011. The other SAFTA contracting parties are Bangladesh (LDC), Bhutan (LDC), India, Maldives (LDC), Nepal (LDC), Pakistan and Sri Lanka, which signed SAFTA on 6 January 2004.

SAFTA had already been notified by its original signatories – without Afghanistan - in 2008, WTO Document WT/COMTD/N/26, 24 April 2008.

WTO Document - Committee on Trade and Development - Notification of regional trade agreement, WT/COMTD/N/50, 2 August 2016.

What needs to be notified •

New Preferential Trade Agreements pursuant to Article XXIV of GATT 1994, the Understanding on the Interpretation of Article XXIV of GATT 1994 ("GATT Understanding"), Article V of GATS and the 1979 Decision on Differential and More Favourable Treatment, Reciprocity and Fuller Participation of Developing Countries ("Enabling Clause")

It is possible to identify three types of trade agreements that Afghanistan may enter into and that would require notification to different WTO bodies, namely to the: • Council for Trade in Goods (CTG): customs unions, free-trade areas and interim agreements, notified

under Article XXIV:7(a) of the GATT 1994; • Council for Trade in Services (CTS): economic integration agreements, notified under Article V:7(a)

of the GATS. • Committee on Trade and Development (CTD): regional or global arrangements entered into

amongst developing countries, notified under paragraph 4(a) of the Decision on Differential and More Favourable Treatment, Reciprocity and Fuller Participation of Developing Countries (“Enabling Clause”).

Pursuant to the General Council Decision of 14 December 2010 “Transparency Mechanism for Preferential Trade Agreements”, WT/L/806, 16 December 2010, the notification under the Enabling Clause

, shall be made as early as possible; when practicable before the application of preferential treatment by Afghanistan and, at the latest, three months after the agreement is in force.

Pursuant to the General Council Decision of 18 December 2006 “Transparency Mechanism for Regional Trade Agreements”, WT/L/671, 18 December 2006, the notification of agreements under GATT Article XXIV or GATS V

shall take place as early as possible. As a rule, it will occur no later than directly following the parties’ratification of the agreement, and before the application of preferential treatment between the parties.

The format contained in Document WT/REG/16, 23 November 2006 (ANNEX 6), shall be used for the notification of trade agreements covering trade in goods (see notification of the South Asian Free Trade

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Agreement (SAFTA)), regardless of whether they fall under GATT Article XXIV or the Enabling Clause, as well as for agreements covering trade in services (for instance, the SAARC Agreement on Trade in Services (SATIS)). The following information is required to complete the format:

1. Notifying Member: Afghanistan and the other signatory(ies). It is recommended that Afghanistan coordinates the preparation and submission of the notification with the partner countries, and where applicable, with any organizational structure, such as a secretariat in the case of agreements concluded with or as part of groups of countries (for instance with the SAARC Secretariat for the notification of SATIS). 2. Date of notification: date when the notification is sent to the CRN. 3. Notification pursuant to:three possible scenarios apply, select the relevant box - (a) preferential trade agreements between developing countries are notified under Paragraph 4(a) of the Enabling Clause (cross the last box);(b) preferential trade agreements covering trade in services (such as SATIS)should be notified under Article V:7(a) of GATS, and (c) preferential trade agreements covering trade in goods and services should be notified under Article XXIV:7(a) of GATT 1994 and Article V:7(a) of GATS. 4. Parties to the Agreement: list all parties to the agreement, including Afghanistan. 5. Date of signature: date when the agreement was signed by the parties. 6. Date(s) of entry into force: date when the agreement entered into force, for agreements concluded between three or more parties, it is possible that the entry into force will not occur at the same time between all parties. In that case provide different dates of entry into force. 7. Brief description of the Agreement: provide a short description using the information contained in the “objective” or “scope” articles of the agreement, what does the agreement aim to (for instance “promoting and enhancing mutual trade and economic cooperation among Contracting States”), and its scope on the basis of the content of the different chapters. If necessary, mention any applicable progressive trade liberalization schedule. Include in the description the total number of chapters, annexes and protocols. 8. Text of the agreement, including related schedules, annexes and protocols. Provide the relevant texts to the WTO (CRN) in electronic format (pdf or word document) or, preferably, only provide the link to the website where the text(s) of the agreement is(are) published (insert a cross in the relevant box).

* * *

It is recommended that MoCI consults with the SAARC Secretariat and with the other SAARC States regarding the notification of SATIS, which was signed on 29 April 2010 by the Member States of the South Asian Association for Regional Cooperation (SAARC) - Afghanistan, Bangladesh, Bhutan, India, Maldives, Nepal, Pakistan and Sri Lanka and entered into force on 29 November 2012 for all SAARC Member States, including Afghanistan.

In the case of the Economic Cooperation Organization (ECOTA) Free Trade Agreement, the preferences granted by Afghanistan to the other ECOTA parties have not yet entered into force. ECOTA will have to be notified to the Committee on Trade and Development under Paragraph 4(a) of the Enabling Clause when the preferences start applying. •

Changes Affecting the Implementation of a Preferential Trade Agreement to Which Afghanistan is a Party, Pursuant to the General Council Decision of 18 December 2006 “Transparency Mechanism for Regional Trade Agreements”, WT/L/671, 18 December 2006

The required notification of changes affecting the implementation of a trade agreement, or the operation of an already implemented trade agreement, shall take place as soon as possible after the

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changes occur. There is no format for this notification. Rather, Afghanistan shall provide a summary of the changes made, as well as any related texts, schedules, annexes and protocols. Afghanistan may refer to official Internet links related to the agreement where the relevant information can be consulted in full, in one of the WTO official languages. A reference the WTO Document with the original notification should also be included for ease of reference.

* * * Notifications under Article XXIV of GATT 1994, the Understanding on the Interpretation of Article XXIV of GATT 1994 ("GATT Understanding"), Article V of GATS are distributed in the document series WT/REG[progressive number]/N. Notifications under the 1979 Decision on Differential and More Favourable Treatment, Reciprocity and Fuller Participation of Developing Countries ("Enabling Clause") are distributed in the document series WT/COMTD/N. All notifications are available through the portal of the WTO transparency mechanism https://www.wto.org/english/tratop_e/region_e/trans_mecha_e.htm Additional information • WT/TC/NOTIF/REG/1, 9 September 1996 - Technical Cooperation Handbook on Notification

Requirements – Regional Trade Agreements • WTO Homepage – section on regional trade agreements and preferential trade

arrangementshttps://www.wto.org/english/tratop_e/region_e/rta_pta_e.htm • WTO Regional Trade Agreements Information System -

http://rtais.wto.org/UI/PublicMaintainRTAHome.aspx Coordination With Ministry of Foreign Affairs as well as with partner countries and supranational organizations, if any (e.g. SAARC Secretariat).

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Agreement on Rules of Origin Notifying entity: MoCI

Notify to: WTO Committee on Rules of Origin How: email to CRN@wto.org

Initial notification Upon accession Afghanistan has notified existing non-preferential and preferential rules of origin, pursuant to Article 5 and Paragraph 4 Annex II of the Agreement on Rules of Origin. In its notification, Afghanistan has included its non-preferential rules of origin (Chapter 6 "Origin of Goods" (Articles 29-33) of the Customs Law of 2004), the Procedure on Advance Rulings on Binding Decisions (covering advance origin rulings), adopted in March 2015, which will enter into force in August 2017; as well as the preferential rules of origin under South Asian Free Trade Area (SAFTA) Agreement. WTO Document - Committee on Rules of Origin - Notification under article 5 and paragraph 4 of annex II to the Agreement on Rules of Origin - Non-preferential and preferential rules of origin, G/RO/N/143, 5 August 2016. What needs to be notified •

New or Modified Non-Preferential Rules of Origin, Pursuant to Article 5.2 of the Agreement on Rules of Origin

New or modified non-preferential rules of origin

are to be notified pursuant to Article 5.2 of the Agreement on Rules of Origin, at least 60 days before the entry into force of the modified or new rule.

For instance, in case of amendments to the Customs Law of 2004 or enactment of a new law, Afghanistan shall notify the rules of origin contained in the amendment or in the new law. There is no standard format for this notification. As done in the initial notification, the notification of preferential rules of origin shall be sufficiently precise to allow readers to easily locate the relevant provisions in the legal act(s). •

New or Modified Preferential Rules of Origin, Pursuant to Paragraph 4 of Annex II to the Agreement on Rules of Origin

Preferential Rules of origin

, to be notified pursuant to Paragraph 4 of Annex II of the Agreement on Rules of Origin, are those rules that result from a preferential trade agreement which includes tariff concessions and that determine what products can benefit from the preference.

The notification includes new rules or origin as well as modifications to existing rules and shall take place promptly (30 days) after the adoption of the new or modified preferential rules. There is no standard format for this notification. As done in the initial notification of the SAFTA rules of origin (Committee on Rules of Origin - Notification under article 5 and paragraph 4 of annex II to the Agreement on Rules of Origin - Non-preferential and preferential rules of origin, G/RO/N/143, 5 August 2016), the notification of preferential rules of origin shall be sufficiently precise to allow readers to easily locate the relevant provisions in the agreement. The notification should therefore contain: • Reference to relevant article (s) in the “main” agreement relating to rules of origin • Reference to relevant article(s) in annexes and protocols to the “main” agreement relating to rules of

origin, including any list of product specific rules • Reference to formats for the certificates of origin and exchange of information In addition to the references, the notification should include a link to the website where the agreement

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and the relevant annexes, protocols and formats can be consulted. • Notifications under Article 5.1 of the Agreement on Rules of Originare distributed in the document

series G/RO/N/. The Committee on Rules of Origin agreed that, with respect to preferential rules oforigin, notifications made to the Committee on Regional Trade Agreements (CRTA) or to theCommittee on Trade and Development (CTD) could also suffice to discharge the notificationobligations under the Agreement on Rules of Origin (see WTO Document G/RO/M/59, Committee on Rules of Origin, Minutes of the Meeting of 22 November 2012). It is nevertheless recommended that Afghanistan prepares and submits separate notifications on preferential rules of origin. While doing so, it is necessary to ensure consistency with the content of any notification of preferential trade agreements. Additional information • WT/TC/NOTIF/RO/1, 12August 1996 - Technical Cooperation Handbook on Notification

Requirements – Agreement on Rules of Origin • WTO Homepage – section on rules of origin https://www.wto.org/english/tratop_e/roi_e/roi_e.htm Coordination With Afghan Customs Department, Ministry of Foreign Affairs.

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Agreement on the Application of Sanitary and Phytosanitary Measures (SPS) Notifying entity: MoCI / MAIL Notify to: WTO Committee on Sanitary and

Phytosanitary Measures How: email to CRN@wto.org / Sanitary and Phytosanitary Measures Submission System (SPSNSS)

Initial notification Upon accession Afghanistan has notified three existing SPS measures, namely the Food Safety Law, the Animal Health (Veterinary) Law and the Plant Protection and Quarantine Law. WTO Document - Committee on Sanitary and Phytosanitary Measures - Notification - Afghanistan -Animal and products thereof, G/SPS/N/AFG/1, 8 August 2016; WTO Document - Committee on Sanitary and Phytosanitary Measures - Notification - Afghanistan - Food, G/SPS/N/AFG/2, 8 August 2016 and WTO Document - Committee on Sanitary and Phytosanitary Measures - Notification - Afghanistan - Plants, plant products and other regulated products, G/SPS/N/AFG/3, 8 August 2016. What needs to be notified •

National Notification Authority (NNA), Pursuant to Annex B, Paragraph 10 of the SPS Agreement

Pursuant to Paragraph 10 of Annex B of the SPS Agreement, Afghanistan shall designate a single central government authorityas responsible for the implementation, at the national level, of provisions concerning notification under the SPS Agreement. Once established, the designated authority shall be notified promptly (30 days). The following information shall be provided:

• Contact name • Name of institution • Postal address / physical address • Phone • E-mail • Website address

If the Notification Authority changes

(including changes in the contact details), such changes shall be notified.

The WTO Members’ Notification Authorities are listed in the document series G/SPS/NNA/. •

National Enquiry Point (NEP), Pursuant to Annex B, Paragraph 3 of the SPS Agreement

Pursuant to Paragraph 3 of Annex B of the SPS Agreement Afghanistan shall ensure that one enquiry point exists which is responsible for the provision of answers to all reasonable questions as well as the provision of relevant documents.Once established, the enquiry point shall be notified promptly (30 days). The following information shall be provided for inclusion in the list: • Contact name • Name of institution • Postal address / physical address • Phone • E-mail • Website address If the Enquiry Point changes (including changes in the contact details), such changes shall be notified.

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The WTO Members’ National Enquiry Points are listed in the document series G/SPS/ENQ/. •

“Routine” Notification of Draft SPS Measures or Modifications to Existing Ones, Pursuant to Paragraph 5 of Annex B of the SPS Agreement

The obligation for Afghanistan to notify SPS measures applies to measures aimed to protect human or animal life from risks arising from additives, contaminants, toxins or disease-causing organisms in their food; human life plant- or animal-carried diseases (zoonoses); to protect animal or plant life from pests, diseases, or disease causing organisms, as well as to protect Afghanistan from the damage caused by the entry, establishment or spread of pests. Measures taken to protect the health of fish and wild fauna, as well as forestsand wild flora, are also included in this definition. All types of measures to achieve these purposesare covered by the SPS Agreement, whether these arerequirements on final products, processingrequirements, inspection, certification, treatment or packaging andlabeling requirements directly relatedto food safety. Pursuant to Paragraph 5 of Annex B of the SPS Agreement, Afghanistan has to notify proposed (draft) SPS measures if: • the content of a proposed SPS measure is not substantially the same as the content of an

international standard, guideline or recommendation, OR • a relevant international standard, recommendation or guideline does not exist; AND • the proposed measure may have a significant effect on the trade of other WTO Members. To assess whether the sanitary or phytosanitary measuresmay have a significant effect on trade, Afghanistan should consider relevant available information such as: • the value or other importance of imports to the importing and/or exporting WTO Members

concerned, • whether from other Members individually or collectively; • the potential development of such imports; and difficulties for producers in other WTO Members,

particularly in developing country Members, to comply with the proposed sanitary or phytosanitary measures.

The concept of “significant effect on trade” of other WTO Members should include both import-enhancing (this means that SPS regulations that facilitate trade must also be notified) and import-reducing effects on the trade of other WTO Members, as long as such effects are significant. Despite the conditions set out in Paragraph 5 of Annex B, in the spirit of transparency, it is recommended that Afghanistan notifies all proposed SPS measures, regardless of whether they are based or not on an international standard and regardless of whether they may have a significant effect on the trade of other WTO Members. Afghanistan shall submit its notification at an early stage, as soon as a draft of the complete text of a measure (law, regulation) is available, and when amendments can still be introduced and comments from other WTO Members taken into account. Afghanistan should allow a period of at least sixty calendar days for comments from interested WTO

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Members, except for proposed measures which facilitate trade (e.g. the raising of the level of maximum residue limits of certain pesticides in certain products, the lifting of a ban on imports, or the simplification or elimination of certain certification/approval procedures) and those which are substantially the same as an international standard, guideline, or recommendation. The 60-day comment period should normally begin with the circulation of the notification by the WTO Secretariat (and not with the date of submission of the notification to the CRN). If Afghanistan is able to provide a time-limit beyond sixty days it should do so. The format for the “routine” notification is contained in WTO Document G/SPS/7/Rev.3, 20 June 2008, Recommended Procedures for Implementing the Transparency Obligations of the SPS Agreement (Article 7), pages 14-15 (ANNEX 7). The following guidelines assist in preparing the notification: 1. Member notifying: Afghanistan 2. Agency responsible: Ministry of Public Health (MoPH), Ministry of Agriculture, Irrigation and Livestock (MAIL), Plant Protection and Quarantine Department, etc… 3. Products covered: Tariff item number(s) (normally HS, chapter or heading and number) as contained in the schedule deposited with the WTO. International Classification for Standards (ICS) numbers should be provided in addition, where applicable. A clear description is important for understanding the notification, Abbreviations should be avoided. 4. Regions or countries likely to be affected: The geographical regions or countries likely to be affected by the notified regulation should be identified to the extent relevant or practicable. 5. Title, language and number of pages of the notified document: title of the proposed sanitary or phytosanitary measure, number of pages in the notified document, and languages in which the notified document is available (Dari and Pashto). Specify if a translation of the whole document or a summary exists. 6. Description of content: a summary of the proposed or adopted sanitary or phytosanitary measure clearly indicating its content and health protection objective. The summary should be as complete and accurate as possible to allow the full understanding of the proposed regulation and to enable trading partners to determine whether the notified measure is likely to have an impact on products they wish to export to Afghanistan. When a measure contains both SPS and TBT measures, it should be notified according to both the SPS and TBT Agreements, preferably with an indication of which parts of the measure fall under the SPS Agreement and which parts fall under the TBT Agreement. For instance, a food safety measure would have to be notified as SPS measure whereas a quality or compositional requirement as TBT measure. 7. Objective and rationale: state whether the objective of the measure is: protection of human health from food-borne risks; or protection of human health from plant- or animal-carried diseases; or protection of animal health from pests or diseases; or protection of animal health from contaminated feed; or protection of plant health from pests or diseases; or prevention of other damage from entry, establishment or spread of pests. 8. Existence of international standard, guideline or recommendation:(a) if a relevant international standard, guideline or recommendation exists: put a cross in the box provided for the appropriate standard-setting organization and give the appropriate reference of the existing standard, guideline or recommendation, e.g., Codex standard number, ISPM number, OIE Code chapter. Indicate whether the proposed measure conforms to the relevant international standard and if not, describe, whenever possible, how and why the proposed regulation deviates from the international standard, guideline or recommendation. (b) if no international standard, guideline or recommendation exists, put a cross in the

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box "none". 9. Other relevant documents and language(s) in which these are available - documents which should be referenced include:(a) publication where notice of the proposed regulation appears, including date and reference numbers;(b) proposal and basic document to which proposal refers (with specific reference number or other identification), and the language(s) in which the notified documents and any summary of these are available;(c) publication in which proposal will appear when adopted.If it is necessary to charge for documents supplied, the amount of the charge should be indicated. Where available provide the website address and hyperlink for these documents. 10. Proposed date of adoption and of publication: the date when the sanitary or phytosanitary regulation is expected to be adopted. Also provide where possible the proposed date of publication of the final measure if this differs from the date of adoption. 11. Proposed date of entry into force: the date from which the requirements in the measure are proposed or decided to enter into force shall normally be at least six months following the above date of adoption and/or publication.If the proposed measure contributes to the liberalization of trade put a cross in the relevant box .In that case, the implementation of the measure should not be unnecessarily delayed and no comment period (see point 12 below) need be provided. 12. Final date for comments and agency or authority handling comments: the final date to be provided here is the date by which WTO Members may submit comments in accordance with Annex B, Paragraph 5(b) of the SPS Agreement. As discussed above, the period for comments should be no less than 60 calendar days following the date of circulation of the notification as a WTO document. If Afghanistan can provide a time limit beyond 60 days this should be indicated. The agency or authority which has been designated to handle the comments should be indicated. If this is the National Notification Authority or the National Enquiry Point, put a cross in the box provided. If another agency or authority has been designated, provide its name, address, phone number andE-mail address. If the proposed measure facilitates trade or is substantially the same as an international standard, guideline or recommendation, Afghanistan can foresee a shorter period for receiving comments than 60 days. 13.Text available from:if the text is available from the National Notification Authority or the National Enquiry Point, put a cross in the respective box. If it is available from another body, give its address, phone number and E-mail address. Provide the website address and specific hyperlink of the document notified, if available. If Afghanistan submits the text of the draft regulation in PDF format along with the notification, a hyperlink to this text will be made available under this item. In addition to their original “routine” notifications, Afghanistan will have to use the following three forms of notifications to provide supplementary information: • An addendum

is used to provide additional information or changes to an original notification. Addenda to SPS notifications should be made in a number of circumstances, such as:

(a) if the comment period has been extended

(b) when a proposed regulation is either adopted, published or comes into force, if the relevant dates have not been provided in the original notification or have been changed, with a view to informing other WTO Members in a timely manner

(c) if the content of a previously notified draft measure is partially changed, or if the scope of application of the existing notification is modified, either in terms of Members affected or products covered. Such an addendum should provide for a new 60-day comment period unless the notified change is of a trade-facilitating nature or is negligible

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(d) if a proposed regulation is withdrawn

(e) in the case of an “emergency” notification, an addendum should also be submittedif the period of application of the existing notification is extended.

An addendum should briefly recap what was notified, when and what it was about in order to reduce the need for interested WTO Members to have to go back to the original notification to check what it was about; specify what change has been made and why - briefly state why the information, dates, etc. have been changed; and restate the comments deadline, even if it has not been changed - as a reminder to WTO Members that if they wish to comment it must be done by this date. The form to be used for making an addendum is available in Annex A-2, WTO Document G/SPS/7/Rev.3, 20 June 2008, Recommended Procedures for Implementing the Transparency Obligations of the SPS Agreement (Article 7), page 16 (ANNEX 8).

• A revision

The form to be used for making a revision is available in Annex A-3, WTO Document G/SPS/7/Rev.3, 20 June 2008, Recommended Procedures for Implementing the Transparency Obligations of the SPS Agreement (Article 7), pages 17-18 (ANNEX 9).

is used to replace an existing notification.Revisions should be submitted, for example, if a notified draft regulation was substantially redrafted or if a notification contained a large number of errors. In this case, Afghanistan should provide a further period for comments on the revised notification, normally 60 calendar days, unless the notified change is of a trade-facilitating nature or would have a negligible effect on trade.

• A corrigendum

Members should inform the Secretariat of any error(s) contained in their original notification. The Secretariat will issue a corrigendum accordingly.

is used to correct an error in an original notification such as an incorrect address detail.

The form to be used for making a corrigendum is available in Annex A-4 WTO Document G/SPS/7/Rev.3, 20 June 2008, Recommended Procedures for Implementing the Transparency Obligations of the SPS Agreement (Article 7), page 19 (ANNEX 10). Amendments (Addenda), Revisions and Corrigenda to notifications carry the same document symbol and number as the original, followed by Add., Rev., or Corr., respectively. This allows them to be adequately traced. •

“Late” notification of an SPS measure, pursuant to Paragraph 5 of Annex B of the SPS Agreement

Although SPS measures shall be notified at an early stage (“draft”), when amendments can still be introduced and comments taken into account, if this is not done, the SPS measure should still be notified. “Late submissions” are done using the same format as for “routine”notifications (WTO Document G/SPS/7/Rev.3, 20 June 2008, Recommended Procedures for Implementing the Transparency Obligations of the SPS Agreement (Article 7), pages 14-15 (ANNEX 7), mentioning the date when the SPS measure has been adopted and foreseen entry into force or, if it has already happened, the actual date of entry into force. • “Emergency” notification of an SPS measure, pursuant to Paragraph 6 of Annex B of the SPS

Agreement

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Pursuant to paragraph 6 of Annex B, Afghanistan may omit the notification steps described above under the (“Routine”) notification of an SPS measure pursuant to Paragraph 5 of Annex B of the SPS Agreement, including the comments period, if urgent problems of health protection arise or threaten to arise. In that case it is enough to immediately notify the particular regulation and the products covered, with a brief indication of the objective and the rationale of the regulation, including the nature of the urgent problem(s). The format for this notification is contained in Annex B-1: Emergency Notifications, WTO Document G/SPS/7/Rev.3, 20 June 2008, Recommended Procedures for Implementing the Transparency Obligations of the SPS Agreement (Article 7), pages 23 and 24 (ANNEX 11). The format is almost identical to the one used for the “routine notification” of SPS regulations. The following differences in the emergency form should nevertheless be taken into account: • Section 8

deals with the nature of urgent problem(s) and reason for urgent action and requires providing an indication of the underlying reasons for resorting to emergency action, e.g., incursion of pests associated with imports, outbreak of a disease in supplying areas, etc.

• Section 9

concerns the existence of a relevant international standard, guideline or recommendation (see Section 8 of the routine notification form).

• Section 10

makes a reference to relevant documents and the language in which they are available (See Section 9 of the routine notification form above).

• Section 11

requires including the date from which the requirements entered into force, and, if applicable, the period of time during which they will apply. (For example: immediate entry into force [date], duration of two months.)

Examples

: G/SPS/N/SAU/213, 5 October 2016 - Saudi Arabia, measure applied to counter an outbreak of HPAI (H5N1) in a specific region of a specific country, following the official announcement of the World Organization for Animal Health (OIE). The Kingdom of Saudi Arabia instituted the emergency measure to prevent the introduction of HPAI (H5N1) into the country. G/SPS/N/AUS/400, 30 September 2016 – Australia, Melon necrotic spot virus (MNSV) has recently been detected in Australia, has a limited distribution and is under official control in Australia. Emergency measures against MNSV are required for the seeds for sowing of Citrulluslanatus and Cucumismelo to prevent the further introductions of this virus.

What mentioned above with regard to addenda, revisions and corrigenda of “routine notifications” applies to “emergency notifications” as well. The relevant formats can be found in Annex B-2: Emergency Notifications –Addenda, WTO Document G/SPS/7/Rev.3, 20 June 2008, Recommended Procedures for Implementing the Transparency Obligations of the SPS Agreement (Article 7), pages 25, 27 (ANNEX 12); Annex B-3: Emergency Notifications - Revisions, WTO Document G/SPS/7/Rev.3, 20 June 2008, Recommended Procedures for Implementing the Transparency Obligations of the SPS Agreement (Article 7), pages 26, 27 (ANNEX 13) and in Annex B-4: Emergency Notifications – Corrigenda, WTO Document G/SPS/7/Rev.3, 20 June 2008, Recommended Procedures for Implementing the Transparency Obligations of the SPS Agreement (Article 7), page 28

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(ANNEX 14). •

Agreements of Equivalence, Pursuant to the Decision on Equivalence (G/SPS/19), 26 October 2001

In accordance with the Decision on Equivalence (G/SPS/19), should Afghanistan make a determination recognizing the equivalence of sanitary or phytosanitary measures of another WTO Member (or Members), it shall notify the measure(s) recognized to be equivalent and the products affected by this recognition. For the purposes of this notification, equivalence is defined to be the state wherein sanitary or phytosanitary measures applied in an exporting WTO Member, though different from the measures applied in an importing WTO Member, achieve, as demonstrated by the exporting Member and recognized by the importing Member, the importing Member’s appropriate level of sanitary or phytosanitary protection. A determination of the recognition of equivalence may be with respect to a specific measure or measures related to a certain product or categories of products, or on a systems-wide basis. Currently, Afghanistan does not have any such arrangements. As part of its accession negotiations, Afghanistan undertook to establish an SPS equivalence mechanism by end-June 2018 (see Working Party Report on the Accession of Afghanistan to the WTO, Paragraph 186). The format for this notification is contained in Annex E: Notification of Recognition of Equivalence, WTO Document G/SPS/7/Rev.3, 20 June 2008, Recommended Procedures forthe Completion of the Notification Format, page 32 (ANNEX 15). The following information is required: 1. Member notifying: Afghanistan. 2. Title of the text stating determination of the recognition of equivalence: insert title of any formal or informal agreement, Memorandum of Understanding or other document establishing the determination of recognition of equivalence. 3. Parties involved: insert name of the exporting Member (or Members) whose measure has been determined to be equivalent. 4. Date of entry into force of the determination of the recognition of equivalence and any associated procedures or regulations: insert date from which procedures, regulations or other measures based on the determination of recognition of equivalence took effect. 5. Products covered (HS or CCCN where applicable, otherwise national tariff heading): insert tariff item number(s) (normally HS, chapter or heading and number) as contained in the schedule of Afghanistan deposited with the WTO of the product(s) which are imported on the basis of the determination of the recognition of equivalence. 6. Brief description of the measure(s) recognized to be equivalent: clearly indicate the nature of the recognition of equivalence, including which measure(s) of the exporting Member have been determined to be equivalent and which elements of the importing Member's usual requirements are met by these equivalent measures. 7. Further information available from: insert contact details of the agency or authority from which an interested WTO Member may request further information regarding the specific determination of equivalence being notified. If this is the National Enquiry Point, check the box provided. If available from another body, give its address, fax number and (if available) E-mail address. Provide the website address of the document, if available.

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Notifications of agreements of equivalence are distributed in the document series G/SPS/N/EQV/[MEMBER]/. Examples

: G/SPS/N/EQV/PAN/1 9 August 2007 (Panama and United States), the equivalence is recognized of US sanitary and phytosanitary systems and other related regulatory systems for meat (including but not restricted to meat of bovine animals and swine), poultry and poultry products, and all other processed products (including but not restricted to milk products) for human or animal consumption)

Notification should also be made of significant variations to existing equivalence arrangements, including their suspension or rescission. What mentioned above with regard to revisions and corrigenda of “routine notifications” and “emergency notifications” applies to notifications of agreements of equivalence as well. Any addendum, revision or corrigendum should be read in conjunction with the original notification. Additional information • Technical Cooperation Handbook on Notification Requirements – Agreement on the Application of

Sanitary and Phytosanitary Measures, WT/TC/NOTIF/SPS/1, 12 August 1996 • WTO E- learning module “ Detailed Presentation of Transparency Requirements and Procedures for

SPS in the WTO” https://ecampus.wto.org/admin/files/Course_385/Module_1508/ModuleDocuments/SPS_Trans-L2-R1-E.pdf

• Recommended Procedures for Implementing the Transparency Obligations of the SPS Agreement (Article 7), G/SPS/7/Rev. 3, 20 June 2008

• Procedural Step-by-Step Manual for SPS National Notification Authorities and SPS National Enquiry Points, 2011, https://www.wto.org/english/res_e/booksp_e/sps_procedure_manual_e.pdf

• All SPS notifications are available through the SPS Information Management System http://spsims.wto.org/

Coordination With MAIL, MoPH, Plant Protection and Quarantine Directorate and Afghan Customs Department.

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Agreement on Technical Barriers to Trade (TBT) Notifying entity: MoCI / Afghan National Standards Authority (ANSA)

Notify to: WTO Committee on Technical Barriers to Trade / ICO/IEC Information Centre How: email to CRN@wto.org / TBT Notification Submission System (TBT NSS) - TBTcode@iso.org

Initial notification • Upon accession Afghanistan has notified pursuant to Article 2.9.2 of the TBT Agreement two existing

technical regulations regarding construction materials and food products respectively;

Afghanistan has also notified its acceptance of the TBT Code of Good Practice; WTO Document - Committee on Technical Barriers to Trade – Notification under Paragraph C of the WTO TBT Code of Good Practice – Notification of Acceptance, G/TBT/CS/N/187, 24 October 2016, as well as the Work Programme pursuant to Paragraph J of the TBT Code of Good Practice (ANSA Standards Work Programme Bulletin Or Action plan [Vol.1, No. 2, 5/November/ 2016]).

WTO Document - Committee on Technical Barriers to Trade - Notification - Afghanistan - Portland cement, G/TBT/N/AFG/1, 9 August 2016 and WTO Document -Committee on Technical Barriers to Trade - Notification - Afghanistan - Gasoline for vehicule, G/TBT/N/AFG/2, 9 August 2016.

What needs to be notified •

Statement on Implementation and Administration of the TBT Agreement pursuant to Article 15.2 of the TBT Agreement

Through the Statement on Implementation and Administration of the TBT Agreement, Afghanistan notifies the measures it applies to ensure the implementation and administration of the TBT Agreement, including the provisions on transparency. Afghanistan has agreed to an action plan for the implementation of the TBT Agreement, as contained in para. 171 of the Working Party Report on the Accession of Afghanistan to the WTO, according to which Afghanistan undertook to fully implement the TBT Agreement by 1 January 2018. The steps to be taken by 1 January 2018 are reflected in “Table 1 - Action Plan for Implementation of the WTO TBT Agreement” in the Working Party Report on the Accession of Afghanistan to the WTO. The Statement is a one-time notification and shall be submitted at the end of the transitional period for full implementation of the TBT Agreement, i.e. by 1 January 2018. Pursuant to two Decisions adopted by the TBT Committee (see G/TBT/M/2, 4 October 1995, para. 5, G/TBT/W/2/Rev.1, 21 June 1995, page 2), the Statement on Implementation should be submitted in the form of written statements covering: 1- The legislative, regulatory and administrative action currently in existence to ensure that the provisions of theTBT Agreement are applied. The statement should describe the content of the relevantlaws (such as the Law on Standards and Technical Regulations), regulations, administrative orders, etc. All necessary references should also beprovided (date of adoption, date and number of publication in the Official Gazette published by the Ministry of Justice). Include a description of the policy framework for technical regulations and standards. 2- The names of the publications used to announce that work is proceeding ondraft technical regulations or standards and procedures for assessment ofconformity and those in which the texts of technical regulations andstandards or procedures for assessment of conformity are published underArticles 2.9.1, 2.11; 3.1 (in relation to 2.9.1 and 2.11); 5.6.1, 5.8; 7.1, 8.1and 9.2 (in relation to 5.6.1 and 5.8); and paragraphs J, L and O of Annex 3 of the TBT Agreement (ANSA website , National Standard

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Magazine, other relevant publications). 3- The expected length of time allowed for presentation of comments in writingon technical regulations, standards or procedures for assessment ofconformity under Articles 2.9.4 and 2.10.3; 3.1 (in relation to 2.9.4 and2.10.3); 5.6.4 and 5.7.3; 7.1, 8.1 and 9.2 (in relation to 5.6.4 and 5.7.3);and paragraph L of Annex 3 of the TBT Agreement. 4- The name and address of the enquiry point foreseen in Articles 10.1 and10.3 of the TBT Agreement with an indication as to whether it is fully operational (Afghan National Standards Authority (ANSA)). 5- The name and address of any other agencies that have specific functionsunder the Agreement, including those foreseen in Articles 10.10 and 10.11 ofthe TBT Agreement (national notification authority: clarify, ANSA - MoCI). 6- Measures and arrangements (relevant provisions of the Law on Standards and Technical Regulations, additional legal basis, if any) to ensure that when preparing new technical regulations or procedures for assessmentof conformity, or substantial amendments to existing ones, the Afghan National Standards Authority (ANSA) provides early information on proposals in line with the obligations on notifications under Articles 2.9, 2.10, 3.2, 5.6, 5.7 and7.2 of the TBT Agreement. Statements on Implementation and Administration of the TBT Agreement pursuant to Article 15.2 of the TBT Agreement are distributed in the document series G/TBT/2/Add.X. Examples

: Saudi Arabia (G/TBT/2/Add.89, 19 May 2006), Tajikistan (G/TBT/2/Add.112, 17 March 2014), Seychelles (G/TBT/2/Add.114, 25 September 2015)

•

Any Changes to the Measures in Existence or Taken to Ensure the Implementation, and Administration of the TBT Agreement, Pursuant to Article 15.2 of the TBT Agreement

If the information contained in the Statement on Implementation and Administration of the TBT Agreementchanges, Afghanistan shall provide a revision to the statement indicating such changes, as soon as feasible. The aim of the notification of changes is to ensure that the Statement on Implementation and Administration of the TBT Agreement is always up to date. There is no specific format for this notification. It is nevertheless recommended to use the same structure as for the original Statement and refer to the latter explaining how the changes amend the original document. See for instance the Revision of the Statement on Implementation and Administration of the TBT Agreement of Turkey (G/TBT/2/Add.33/Rev.1, 9 November 2011) in which Turkey updated the contact information of its TBT Enquiry Point. All changes to the WTO Members’ individual Statement on Implementation and Administration of the TBT Agreement pursuant to Article 15.2are distributed in thedocument series G/TBT/2/Add.[-]. •

TBT Regulations, Pursuant to Articles 2.9.2 and 2.10.1 of the TBT Agreement

Afghanistan has the obligation to notify new technical regulations when the two following conditions apply cumulatively: 1- whenever a relevant standard or guide or recommendation issued by an internationalstandardizing body does not exist or the technical content of a proposed or adopted technical regulation is not in

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accordance with the technical content ofrelevant international standards or guides or recommendations, and 2- if the technical regulation may have a significant effect on the trade of other Members. The assessment of the existence of the first condition is straightforward. Regarding the second one, if Afghanistan designs its technical regulation in conformity with an international standard, it shall be presumed not to create an unnecessary obstacle to trade. With a view to ensuring a consistent approach in determining whether proposed technical regulations are to be notified, the TBT Committee has established the following criteria for the definition of a "significant effect on trade of other Members” (WTO Document G/TBT/1/Rev.8, 23 May 2002, page 15). Accordingly, this concept may refer to the effect on trade: • of one technical regulation […], or of various technical regulations […]in combination; • in a specific product, group of products or products in general; and • between two or more Members. Further, the TBT Committee recommended that when (self-)assessingthe significance of the effect on trade of technical regulations, the WTO Member concerned should take into consideration such elements as (WTO Document G/TBT/1/Rev.8): • the value or other importance of imports in respect of the importing and/or exporting WTO

Members concerned, whether from other WTO Members individually or collectively; • the potential growth of such imports; and • the difficulties for producers in other WTO Members to comply with the proposed technical

regulations. The TBT Committee further clarified that the concept of a significant effect on trade of other WTO Members should include both import-enhancing and import-reducing effects, as long as such effects are significant. This means that TBT measures that facilitate trade shall also be notified. For the sake of transparency, however, Afghanistan is encouraged to also notify regulations which conform to international standards and regardless of the regulations effect on trade. “Regular” notifications pursuant to Article 2.9.2 of the TBT Agreement require the notification of draft measures. This means that the notification shall take place at an early appropriate stage, when amendments to the draft measure can still be introduced and comments from interested WTO Members taken into account. In practice, this requires notifying the draft measure when the complete text of a proposed technical regulation is available (WTO Document G/TBT/1/Rev.8, 23 May 2002, page 15). This notification system facilitates trade by allowing some lead time before new measures must be complied with (a "no surprise" approach). In case of “urgent” notifications pursuant to Article 2.10.1 of the TBT Agreement, responding to urgent problems of safety, health, environmental protection or national security that have arisen or threaten to arise, the procedure differs from “regular” notifications in two important ways: first, the notification is made immediately upon adoption of the measure (and not at an earlier stage, on the basis of a draft); and second, the notification form must mention the nature of the urgent problem, as illustrated below.

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Both “regular” and “urgent” notifications are prepared using the same format (WTO Document G/TBT/1/Rev.8, 23 May 2002, page 14) (ANNEX 16). The notification format includes 11 sections

:

1- Member to Agreement notifying: Islamic Republic of Afghanistan. 2- Agency responsible: designates the agency responsible for elaborating a proposal or promulgating a technical regulation, in the case of Afghanistan, ANSA. If the authority or agency designated to handle comments regarding the specific notification is different, it must be indicated. 3- Notified under Article: select 2.9.2 for “regular” notifications and 2.10.1 for “urgent” notifications. 4- Products covered: provide HS or CCCN where applicable, otherwise national tariff heading. ICS numbers may be provided in addition, where applicable. 5- Title, number of pages and language(s) of the notified document: indicate the title of the proposed or adopted technical regulation that is notified and the number of pages in the notified document, as well as the language(s) in which notified documents are available (Dari/Pashto); and, if a translation (English) of the document is planned or available. 6- Description of content: provide short description of the content of the technical regulation and list standards on which the regulation is based. 7- Objective and rationale, including the nature of urgent problems where applicable: for instance, regulate import, production, and supply of construction materials, improve the quality of life, safety, health as well as the protection of the environment and consumers. It is of course possible to indicate more than one objective. 8- Relevant documents: provide reference to the publication where a notice appears, to the proposal and basic document to which the proposal refers, to the publication in which the proposal will appear when adopted and whenever practicable, the reference to a relevant international standard on which technical regulation is based (ISO, IEC, AS, etc…). 9- Proposed date of adoption and proposed date of entry into force: both are “future” dates. 10- Final date for comments: minimum 60 days from circulation of notification by WTO Secretariat, if possible provide a time-limit beyond 60 days. 11- Texts available from: national enquiry point, verify consistency with information provided in the Statement on Implementation and Administration of the TBT Agreement. If the document is available online, the web address should be included. In addition, for “urgent” notifications, the following differences should be taken into account: 7- Objective and rationale, including the nature of urgent problems where applicable: include description of urgent problem. For instance: • Consumer’s safety - There have been reports of the stretched cord wrapping around children’s

necks, resulting in a serious strangulation hazard (see notification from Brazil, G/TBT/N/BRA/130, 1 September 2003)

• The safety standard sets out specified safety requirements for self-balancing scooters due to the fires, and smoking, overheating and sparking incidents, in Australia and overseas associated with the product.The ACCC is focused on reducing the risk of injury and death to consumers resulting from the hazards resulting from explosions, fires and smoking, overheating and sparking incidents caused by self-balancing scooters. International product safety regulators in the US and the UK are also focusing on these hazards (see notification from Australia, G/TBT/N/AUS/103, 24 October 2016)

• This standard is one of the corresponding standards for the “Law on Road Traffic Safety of The People’s Republic of China” entered into force as of 1 May 2004, which needed to be issued and

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implemented immediately (see notification from China, G/TBT/N/CHN /55, 14 July 2014) 9- Proposed date of adoption and proposed date of entry into force:as the regulation is notified upon adoption, specify date of adoption, entry into force 10- Final date for comments: N/A - as the regulation is notified upon adoption All “routine” and “emergency” notifications pursuant to Articles 2.9.2 and 2.10.1 of the TBT Agreement are distributed in the document series G/TBT/2/Add.X and can be accessed through the TBT Information Management System (http://tbtims.wto.org/). •

Conformity Assessment Procedures, Pursuant to Articles 5.6.2 and 5.7.1 of the TBT Agreement

Besides technical regulations, Afghanistan is required to notify conformity assessment procedures. The same principles and format illustrated above for “regular” and “urgent” notifications of technical regulations apply for “regular” and “urgent” notifications of conformity assessment procedures as well (see WTO Document G/TBT/1/Rev.8, 23 May 2002, page 14) (ANNEX 16). Under the regular procedure, Afghanistan shall notify proposed conformity assessment procedures and allow minimum 60 days from circulation of notification by WTO Secretariat (if possible provide a time-limit beyond 60 days). The following differences should nevertheless be taken into account: 3- Notified under Article: select 5.6.2 for “regular” procedures for assessment of conformity and 5.7.1 for conformity assessment procedure to respond to “urgent” problems. 5- Title, number of pages and language(s) of the notified document: indicate the title of the proposed or adopted assessment of conformity that is notified and the number of pages in the notified document, as well as the language(s) in which notified documents are available (Dari/Pashto); and, if a translation (English) of the document is planned or available. Examples

: United Arab Emirates, G/TBT/N/ARE/268, 1 October 2015 (motor vehicle spare parts, notified under Article 5.6.2), Argentina, G/TBT/N/ARG/297, 2 November 2015, low-voltage electrical products, notified under Article 5.6.2.

All “routine” and “emergency” notifications pursuant to Articles 5.6.2 and 5.7.1 of the TBT Agreement are distributed in the document series G/TBT/2/Add.X and can be accessed through the TBT Information Management System (http://tbtims.wto.org/).

* * *

As stated in the Working Party Report on the Accession of Afghanistan to the WTO (para. 165), Afghanistan is in the process of establishing a conformity assessment system whereby Afghanistan would recognize certificates issued by conformity assessment bodies, which could be Afghan or foreign entities, accredited by international or recognized regional accreditation bodies.

* * * Further to the original “regular” and “urgent” notification of technical regulations and conformity assessment procedures pursuant to Articles 2.9.2, 2.10.1 as well as Articles 5.6.2 and 5.7.1 of the TBT Agreement, Afghanistan shall notify supplementary information using addendum, corrigendum and

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revision in addition to the original notification. These procedures follow those illustrated above in the case of SPS notifications. (1) An addendum

-when a proposed technical regulation or conformity assessment procedure is either adopted or comes into force especially in cases where the relevant dates have not been provided in the original notification or have been changed, indicating if the final measure has been substantially modified from the notified proposal.

is used to provide additional information or changes to an original notification. Afghanistan shall notify changes in the status of a notified TBT measure under a number of circumstances, such as:

-if a proposed measure is withdrawn; -if a measure is revoked; -if the comment period has been extended; -if the period of application of the existing notification is extended; -if the scope of application of the existing notification is reduced, either in terms of WTO Members affected or products covered. Such a change may warrant the extension of the comment period.

An addendum should briefly recap what was notified, when and what it was about in order to reduce the need for interested WTO Members to have to go back to the original notification to check what it was about; specify what change has been made and why - briefly state why the information, dates, etc. have been changed; and restate the comments deadline, even if it has not been changed - as a reminder to WTO Members that if they wish to comment it must be done by this date. The form to be used for making an addendum is available in WTO Document G/TBT/1/Rev.12, 21 January 2015, Committee on Technical Barriers to Trade Decisions and Recommendations Adopted by the WTO Committee on Technical Barriers to Trade since 1 January 1995, page 55 (ANNEX 17).

(2) A revision

-when the scope of application of a notified technical regulation or conformity assessment procedure is extended, either in terms of WTO Members affected or products covered; or

is used to replace an existing notification, in that case should provide a further period for comments on the revised notification (normally 60 days). For instance:

-if a notification contained a large number of errors which necessitated issuing a revision.

The form to be used for making a revision is available in WTO Document G/TBT/1/Rev.12, 21 January 2015, Committee on Technical Barriers to Trade Decisions and Recommendations Adopted by the WTO Committee on Technical Barriers to Trade since 1 January 1995, page 57 (ANNEX 18).

(3) A corrigendum

is used to correct an error in an original notification such as an incorrect address detail, informing of any error(s) contained in their original notification. The WTO Secretariat will then issue a corrigendum accordingly.

The form to be used for making a corrigendum is available in WTO Document G/TBT/1/Rev.12, 21 January 2015, Committee on Technical Barriers to Trade Decisions and Recommendations Adopted by the WTO Committee on Technical Barriers to Trade since 1 January 1995, page 56 (ANNEX 19).

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Addenda, revisions and corrigenda to notifications carry the same document symbol and number as the original, followed by Add., Rev., or Corr., respectively. This allows them to be adequately traced. •

Agreements Reached by a WTO Member With Another Country or Countries on Issues Related to Technical Regulations, Standards or Conformity Assessment Procedures, Pursuant to Article 10.7 of the TBT Agreement

Under Article 10.7 of the TBT Agreement Members that have reached an agreement with any other country or countries on issues related to technical regulations, standards or conformity assessment procedures which may have a significant effect on trade shall notify the products covered by such agreement, including a brief description of the agreement. In case Afghanistan concludes any such agreement in the future, it shall coordinate with the partner country (ies) the notification to the WTO Secretariat. The format for this notification is contained in WTO Document G/TBT/W/25, 3 May 1996 Draft Notification Format Under Article 10.7 of the Agreement (ANNEX 20). The format requires providing the following information: 1. Member notifying: Afghanistan 2. Title of the bilateral or plurilateral agreement: 3. Parties to the Agreement: Afghanistan and partner country(ies) 4. Date of entry into force of the Agreement: 5. Products covered (HS or CCCN where applicable, otherwise national tariff heading): 6. Subject matter covered by the Agreement (technical regulations, standards or conformity assessment procedures): 7. Brief description of the Agreement: e.g. “This Agreement stipulates the conditions under which [country A], on the one hand, and [country B], on the other hand, will accept certificates of conformity issued by the conformity assessment bodies or authorities of the other Side in assessing conformity to its own requirements, as specified in the technical annex to the Agreement” (United States – EFTA EEA States); “Intergovernmental Agreement on mutual recognition of conformity assessment procedures on the basis of mutual accreditation of certification bodies and testing laboratories.” (China – Ukraine). 8. Further information available from: Afghan National Standards Authority (ANSA) Examples

: Agreement Reached by a Member with Another Country or Countries on Issues Related to Technical Regulations, Standards or Conformity Assessment Procedures, (Ukraine and Croatia), G/TBT/10.7/N/93, 2 October 2008; Agreement Reached by a Member with Another Country or Countries on Issues Related to Technical Regulations, Standards or Conformity Assessment Procedures, (United States and EEA EFTA States), G/TBT/10.7/N/50, 3 March 2006; Agreement Reached by a Member with Another Country or Countries on Issues Related to Technical Regulations, Standards or Conformity Assessment Procedures, (China and Ukraine), G/TBT/10.7/N/65, 26 September 2008

Notifications under Article 10.7 of the TBT Agreement are distributed in the document series G/TBT/10.7/N/[].

* * *

In addition, the following notification is under the responsibility of the Standardizing Body itself (Afghanistan National Standardization Authority – ANSA) and shall be submitted to the ICO/IEC

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Information Centre in Geneva (in electronic format to

TBTcode@iso.org).

•

Existence of a Work Programme under Paragraph J of the TBT Code of Good Practice

This notification requirement is linked to the publication obligations undertaken by standardizing bodies when they accept the WTO TBT Code of Good Practice. Upon accession Afghanistan has notified through the standardizing body (ANSA) the Standards Work Programme Bulletin or Action plan [Vol.1, No. 2, 5/November/ 2016]. ANSA shall notify its work programme, once every six months, no later than at the time of the publication. In this case, publication and notification requirements go hand in hand and the notification should be coordinated with the publication of the work programmes, whether on ANSA’s website or through the Authority’s magazine. The format for this notification is contained in G/TBT/1/Rev.12, 21 January 2015, page 67 (ANNEX 21). The format requires providing the following information: • Name and address of the body concerned (ANSA) • Name and issue of the publication in which the work programme is published (ANSA to decide how to

ensure publication of its work programmes, whether on its website or through the Authority’s magazine)

• Period to which the work programme applies • Price (if any) • How and where the work programme can be obtained (ANSA’s address - website). The list of standardizing bodies that have accepted the WTO TBT Code of Good Practice and their notified work programmes is available through the WTO ISO Standards Information Gateway (https://tbtcode.iso.org/sites/wto-tbt/home.html) Additional information • WT/TC/NOTIF/TBT/1, 12 August 1996 - Technical Cooperation Handbook on Notification

Requirements – Agreement on Technical Barriers to Trade • G/TBT/1/Rev.12, 21 January 2015 - Committee on Technical Barriers to Trade Decisions and

Recommendations adopted by the WTO Committee on Technical Barriers to Trade since 1 January 1995

• G/TBT/W/250, 16 February 2005, Transparency Requirements and Procedures, Background Note by the Secretariat

• WTO E- learning module “ Detailed Presentation of Transparency Requirements and Procedures for TBT in the WTO” (https://ecampus.wto.org/admin/files/Course_385/Module_1596/ModuleDocuments/TBT_Trans-L2-R1-E.pdf)

• WTO - TBT Information Management System http://tbtims.wto.org/default.aspx • WTO - Technical Barriers to Trade -

Notifications https://www.wto.org/english/tratop_e/tbt_e/tbt_notifications_e.htm Coordination With MOCI

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General Agreement on Trade in Services Notifying entity: MoCI

Notify to: Council for Trade in Services How: email to CRN@wto.org

Initial notification Afghanistan did not submit any notification in the area of trade in services upon accession. What needs to be notified •

Introduction of Any New, or Any Changes to Existing, Laws, Regulations or Administrative Guidelines Which Significantly Affect Trade in Services and Which Concern Services Covered by Specific Commitments, Pursuant to Article III Paragraph 3 of the General Agreement on Trade in Services (GATS)

The notification requirement is limited to acts covering services sectors, regardless of the mode of supply (modes 1-4), that are committed in Afghanistan’s schedule of specific commitments (WTO Document WT/ACC/AFG/36/Add.2 / WT/MIN(15)/6/Add.2, 13 November 2015, Report of the Working Party on the Accession of the Islamic Republic of Afghanistan – Schedule of Specific Commitments), such as new laws or regulations in the telecom of financial services sector or amendments to existing laws and regulations. The notification requirement covers acts of horizontal nature (e.g. immigration laws, company laws, etc.). The notification has to be made promptly (30 days after enactment) of the new law, regulation or administrative guideline. Contrary to the notification of SPS and TBT measures, there is no ex-ante notification requirement in this case. If the measure is not notified promptly it has to be notified at least on an annual basis. The format for this notification is contained in S/L/5, 4 April 1995, page 4, (ANNEX 22). The notification requires providing the following information: 1-Member notifying: (Afghanistan) 2-Notification under: Article III, Paragraph 3, of the General Agreement on Trade in Services 3-Date of entry into force: mention date of entry into force of notified measure, whether new measure or amendment to an existing one). If notification of several laws and regulations with different dates of entry into force pertaining to a specific sector, specify year, e.g. “throughout 20[xx]”; and duration (usually “indefinite”) 4-Agency responsible for enforcement of the measure: Ministry or Agency, e.g. Ministry of Finance, Afghanistan Telecom Regulatory Authority (ATRA) 5-Description of the measure: provide full title of the measure(s); describe overarching objective of regulatory amendments (modification of existing measures or introduction of new ones) within the sector; list sector(s) and sub-sectors affected by the amendment(s); describe measure(s) 6-WTO Member(s) specifically affected, if any: usually none as measures apply on a MFN basis 7-Texts available from: provide full reference to publication in the Official Gazette published by the Ministry of Justice (number, date of publication), as well as contact details of GATS Enquiry Point, if text available online refer to website) Examples: Switzerland, S/C/N/859, 27 October 2016 notification of a law and accompanying implementing regulation regarding the organization and operation of financial market infrastructures and the trading of derivatives; Switzerland, S/C/N/671, 22 November 2012, notification of a law that determines the conditions to obtain the title of psychologist, the requirements for qualification and for authorization to practice psychotherapy; Canada S/C/N/679, 26 February 2013, notification of changes

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to the Telecommunications Act to liberalize foreign investment in the telecom sector, limits on foreign investment were lifted for telecom companies that have a market share of no more than 10%, measured by revenue. Notifications under Article III Paragraph 3 of the General Agreement on Trade in Servicesare distributed in the document series S/C/N. •

Establishment of Afghanistan’s GATS Enquiry Point, Pursuant to Article III Paragraph 4 of the General Agreement on Trade in Services (GATS)

Afghanistan shall notify an enquiry point where other WTO Members can request and receive specific information onmeasures of general application or international agreements affecting services trade. Enquiry points are intended only for government access. Queries from the business community may be channeled through the home-country government to the enquiry point of the Member concerned. The notification is sent as soon as the enquiry point is established but no later than by end of July 2018. The following format is suggested: “The enquiry point of the of the Government of the Islamic Republic of Afghanistan pursuant to Article III Paragraph 4 General Agreement on Trade in Services is: [provide full contact details of Enquiry Point, including phone number, email address and physical address]”. If contact details of the notified Enquiry Point change over time, these changes should also be notified promptly (30 days). The following format is suggested: “The Islamic Republic of Afghanistan has already established and notified its enquiry point under Article III paragraph 4 of the General Agreement on Trade in Services (insert reference number WTO Document with Afghanistan’s notification, S/ENQ/[xx]). This notification simply informs about a change in the [name / address] of the relevant body. As from [insert date] the enquiry point of the Government of the Islamic Republic of Afghanistan will be:

[provide full contact details of Enquiry Point, including phone number, email address and physical address]”. Notifications of the enquiry point of WTO Members can be found under S/ENQ. •

Economic Integration Agreements and their Enlargement or Significant Modifications, Pursuant to Article V Paragraph 7 of the General Agreement on Trade in Services (GATS)

The notification of trade agreements covering trade in services has been discussed above in the section dealing with regional trade agreements.

* * *

In addition, the GATS foresees the following ad hoc notifications using the standard format contained in

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WTO Document S/L/5, 4 April 1995, page 4 (ANNEX 22

). The elements to be included in such notifications are:

-Name of the notifying WTO Member (Islamic Republic of Afghanistan) -GATS Article under which the notification is being made -Date of entry into force and duration of the measure (if duration not known “indefinite”) -Agency responsible for the enforcement of the measure -Complete description of the measure (see examples provided below for different measures, including the modes of supply covered and the effect on trade in services, e.g., restrictions/liberalization measures) -WTO Members specifically affected (in principle none, as the measure applies on a MFN basis) -Text available from: choose if the text of the measure is made available to interested WTO Members via the Enquiry point, the WTO Secretariat, or other sources (in the latter case provide address, telephone and email address) -Other relevant information •

Recognition Measures, Pursuant to Article VII Paragraph 4 of the General Agreement on Trade in Services (GATS)

Afghanistan does not have any existing recognition measures and thus did not submit any notification pursuant to Article VII paragraph 4(a) GATS (“existing recognition measures”) upon accession. Afghanistan shall notify the following two situations: (1) Opening of negotiations on recognition

, pursuant to Article VII paragraph 4(b) GATS. The notification shall take place as far in advance as possible of the opening of negotiations in order to provide adequate opportunity to any other Member to indicate their interest in participating in the negotiations before they enter a substantive phase.

(2) Adoption of new recognition measures or significant modification of existing ones

, pursuant to Article VII paragraph 4 (c) GATS. Such measures have to be notified promptly (30 days from adoption).

Recognition measures that may be adopted by Afghanistan as part of a trade agreement shall be notified pursuant to Article VII paragraph 4(a) and (b) GATS even if Afghanistan notifies the trade agreement under Article V GATS paragraph 7 GATS. Examples

: Togo, S/C/N/672, 21 December 2012, as member of CAMES (African and Malagasy Council for Higher Education) Togo notified that it recognizes all diplomas accredited by that council provided they have previously been recognized in the country of location of the institutions issuing them;

•

Monopolies and Executive Service Suppliers, Pursuant to Article VIII paragraph 4 of the General Agreement on Trade in Services (GATS)

As stated in Paragraph 260 of the Working Party Report on the Accession of Afghanistan to the WTO, the general policy in Afghanistan is to promote open competition in all sectors, including for services and the Government of Afghanistan does not grant any entity ownership of, or exclusive or monopolistic rights to provide services except water supply and electricity distribution and that in Afghanistan there are no limits on the number of service providers, with the exception of water supply. In none of these sectors

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Afghanistan has undertaken commitments, as reflected in Afghanistan’s schedule of specific commitments (WTO Document WT/MIN(15)/6/Add.2, 13 November 2015). In case Afghanistan grants exclusive or monopolistic rights, it shall notify: (1) the granting of monopoly rights regarding the supply of a service covered by specific commitments (as reflected in Afghanistan’s schedule of specific commitments, WTO Document WT/MIN(15)/6/Add.2, 13 November 2015), pursuant to Article VIII paragraph 4 GATS, no later than three months before the intended implementation of the grant of monopoly rights.

(2) the granting of rights to exclusive service suppliers, where Afghanistan formally or in effect, authorizes or establishes a small number of service suppliers and substantially prevents competition among those suppliers in its territory regarding the supply of a service covered by specific commitments (as reflected in Afghanistan’s schedule of specific commitments, WTO Document WT/MIN(15)/6/Add.2, 13 November 2015),pursuant to Article VIII paragraph 5 GATS, no later than three months before the intended implementation of the grant of rights to exclusive service suppliers. •

Emergency Safeguard Measures, Pursuant to Article X Paragraph 2 of the General Agreement on Trade in Services (GATS)

The GATS does not include a set of rules for the use of safeguard measures as it is the case for trade in goods (WTO Agreement on Safeguards). Article X GATS mandates negotiations on the question of emergency safeguard measures based on the principle of non-discrimination and WTO Members are discussing the issue in the Working Party on GATS Rules (WPGR). As of today no specific rules for safeguard measures has been developed and agreed. Nevertheless, while WTO Members negotiate such rules, WTO Members are entitled under certain conditions to apply emergency safeguards in the form of a modification or withdrawal of a specific commitment. Any such measure would have to be notified. To date no such measures have been notified by WTO Members. During the accession negotiations, Afghanistan stated that it does not maintain any safeguard measures relating to trade in services, as reflected in Paragraph 260 of Afghanistan’s schedule of specific commitments (WTO Document WT/MIN(15)/6/Add.2, 13 November 2015). •

Restrictions to Safeguard the Balance of Payments, Pursuant to Article XII Paragraph 4 of the General Agreement on Trade in Services (GATS)

The adoption of balance-of-payments restrictions, or any changes to such measures, shall be notified promptly (30 days from adoption). Notably, this notification has to be made to the General Council, rather than to the Council for Trade in Services. Since any discussion on balance of payments restrictions will take place in the Balance of Payments Committee and the notification of measures taken under this Article should presumably be made in conjunction with that of measures adopted under GATT disciplines, modalities for notifications made under Article XII Paragraph 4 GATS should follow the format provided under Article XXII Paragraph 9 of the Understanding on the Balance of Payments Provisions of the GATT 1994. Accordingly, the notification would include:

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-Full information on the type of restriction applied -the criteria used for its administration -the services covered -the trade flow affected •

Security Exceptions, pursuant to Article XIV bis Paragraph2 of the General Agreement on Trade in Services (GATS)

Afghanistan shall notify any security exception measure that it takes, as well as the termination of any such measures, to the fullest extent possible. To date no such measures have been notified by WTO Members. •

Modification of Schedules, Pursuant to Article XXI, Paragraph 1(b) of the General Agreement on Trade in Services (GATS)

In case Afghanistan intends to modify or withdraw a commitment contained in Afghanistan’s schedule of specific commitments (WTO Document WT/MIN(15)/6/Add.2, 13 November 2015), it shall notify such intent no later than three months before the intended date of implementation of the modification or withdrawal. The procedures that need to be undertaken are set out in WTO Document S/L/80 29, October 1999 Procedures for the Implementation of Article XXI of the General Agreement on Trade in Services (GATS) and beside notification include negotiations on compensation and where necessary, arbitration among interested WTO Members. Examples

: see for instance the notification for the initiation of the procedure for the modification of its GATS Schedule launched by the European Communities following the enlargements in 2004 and 2005, S/SECRET/8, dated 11 June 2004.

•

Termination of the Exemption Period in Conformity with Paragraph 1 of Article II of the General Agreement on Trade in Services (GATS), Pursuant to Annex on Article II Exemptions (paragraph 7)

In line with to GATS Annex on Article II Exemptions, Afghanistan maintains a number of MFN Exemptions, as contained in its List of Article II Exemptions (WT/ACC/AFG/36/Add.2, WT/MIN(15)/6/Add.2, 13 November 2015). According to para. 6 of the Annex, “in principle, such exemptions should not exceed a period of 10 years” and Afghanistan shall notify the Council for Trade in Services at the termination of the exemption period that the inconsistent measure has been brought into conformity with paragraph 1 of Article II of the Agreement. Additional information • WT/TC/NOTIF/GATS/1, 15 October 1996, Technical Cooperation Handbook on Notification

Requirements, General Agreement on Trade in Services • WTO Homepage – section on trade in

services https://www.wto.org/english/tratop_e/serv_e/serv_e.htm • S/L/5, 4 April 1995, Guidelines for Notifications under the General Agreement on Trade in Services Coordination With all ministries involved in the regulation of services sectors, e.g. Ministry of Communications and Information Technology, Ministry of Education, Ministry of Higher Education, Ministry of Finance, Ministry of Mines, Ministry of Public Health, Ministry of Transport and Civil Aviation, Ministry of

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Electronic Power and Water, Ministry of Information and Culture, including those in charge of preparing regulatory measures with horizontal scope (e.g. company law, regime applicable to foreign aliens).

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Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) Notifying entity: MoCI

Notify to: Council for TRIPS How: email to CRN@wto.org

Initial notification Afghanistan did not submit any notification in the area of intellectual property upon accession. Afghanistan has become a member of the World Intellectual Property Organization (WIPO) in September 2005 and is currently in the process of adhering to a number of international intellectual property agreements. The terms of accession for Afghanistan in the area of IPR are contained in paragraphs 213-255 of the Report of the Working Party on the Accession of the Islamic Republic of Afghanistan. Afghanistan undertook to fully implement the WTO TRIPS Agreement by 1 January 2019 - the notifications should be prepared and submitted no later than 1 January 2019. See also WTO Document IP/C/W/543, 22 October 2009 - Council for Trade-Related Aspects of Intellectual Property Rights – Timeliness and Completeness of Notifications and other Information Flows, Note by the Secretariat, page 4 “Newly acceded Members are to notify their TRIPS implementing legislation as of the time they are to start to apply the provisions of the TRIPS Agreement in accordance with their accession protocol.” What needs to be notified

•

Laws and regulations pursuant to Article 63.2 of the TRIPS Agreement

Afghanistan is required to notify the laws and regulations made effective pertaining to the subject-matter of the TRIPS Agreement, namely the availability, scope, acquisition, enforcement and prevention of the abuse of intellectual property rights. Notifications take place when Afghanistan starts to apply fully the provisions of the TRIPS Agreement, i.e. no later than 1 January 2019 (see para. 255 of the Report of the Working Party on the Accession of the Islamic Republic of Afghanistan). For the purpose of the notifications pursuant to Article 63.2 of the TRIPS Agreement, a distinction is made between (1) “main dedicated intellectual property laws and regulations” and (2) “other laws and regulations”. The main difference between the two categories relates to the language in which the laws and regulations are notified. (1) Main dedicated intellectual property laws and regulations

have to be notified in English without delay (30 days from adoption). The translations of laws and regulations must be accompanied by the authentic texts of the laws and regulations in question in a Dari/Pashto. Main dedicated intellectual property laws and regulations would include the main laws and regulations on the availability, scope and acquisition of each of the categories of intellectual property covered by the TRIPS Agreement, together with such other main laws and regulations as are dedicated to intellectual property, such as those on border enforcement. [Note: under Article 2(5) of the Agreement Between WIPO and the WTO, the assistance of WIPO will be available to developing country Members for translation of laws and regulations for the purposes of Article 63.2 of the TRIPS Agreement.]

(2) Other laws and regulationshave to be notified without delay (30 days from adoption) but no translation is required, they can be notified in the original language (Dari/Pashto). Other laws and regulations comprise IP laws and regulations that are not fundamental, such as implementation regulations, as well as laws and regulations not meant for the protection of IP but still pertaining to the

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scope of the TRIPS Agreement (availability, scope, acquisition, enforcement and prevention of abuse of intellectual property rights). This is for instance the case for domestic procedural law and domestic competition and antitrust law in respect of the prevention of the abuse of IPRs. WTO Document IP/C/2, 30 November 1995 “Procedures for notification of, and possible establishment of a common register of national laws and regulations under Article 63.2, paragraphs 6 and 9, and WTO Document IP/C/W/8 contain some guidelines that help distinguishing between these two categories. For notifications of both “main dedicated intellectual property laws or regulations” and “other laws or regulations”, it is recommended use the format in Annex 23

which requires the following information:

• Notifying Member (Afghanistan) • Title (full title of law, regulation, decree) • Subject matter (e.g. patents, copyrights, trademarks, enforcement, etc. if law or regulation relevant

to more than one subject matter, mention accordingly) • Nature of notification (choose between “Main dedicated intellectual property law or regulation” or

“Other law or regulation”) • Link to legal text (provide link to published text if available) • Notification status (choose between “First notification”, “Amendment or revision to notified legal

text” and “Replacement or consolidation of notified legal text”) • Previous notification(s) referred to (if “First notification” specify “not applicable”, if not first

notification specify whether the notification relates to an “Amendment or a revision to notified legal text” or to the “Replacement or consolidation of notified legal text(s)”

• Brief description of the notified legal text Language(s) of notified text (e.g. English, Dari, Pashto) • Date of adoption • Entry into force Notification details • Submission date of notification ( date on which the notification is sent to CRN) • Other information • Agency or authority responsible (e.g. Ministry of Justice, other ministries and agencies, provide full

name and contact details) Examples: Main dedicated intellectual property laws and regulations -Tajikistan, P/N/1/TJK/T/1, 27 February 2014, Main dedicated intellectual property laws and regulations Notified under Article 63.2 of the Agreement - Law on Trademarks and Service Marks; Other laws and regulations

- Tajikistan IP/N/1/TJK/O/2, 16 July 2015 Notification of Amendments and Additions to the Law of the Republic of Tajikistan “On Production and Safe Handling of Pesticides and Agrochemicals”.

Notifications of laws and regulations (both “Main dedicated intellectual property laws and regulations” and “Other laws and regulations”) under Article 63.2of the TRIPS Agreement are distributed in the document series IP/N/1/. The documentation of main dedicated intellectual property laws and regulations is distributed in the following sub-series of documents:

• IP/N/1/-/C/*Copyright and Related Rights • IP/N/1/-/T/*Trademarks • IP/N/1/-/G/* Indications

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• IP/N/1/-/D/* Designs • IP/N/1/-/P/* Patents (Including Plant Variety Protection) • IP/N/1/-/L/*Layout-Designs (Topographies) of Integrated Circuits • IP/N/1/-/U/*Undisclosed Information • IP/N/1/-/I/* Property (General) • IP/N/1/-/E/*Enforcement • IP/N/1/-/O/*Other

•

Any Subsequent Amendments of a Member's Laws and Regulations, Pursuant to Article 63.2 of the TRIPS Agreement

Any subsequent modifications of laws and regulations notified pursuant to Article 63.2 of the TRIPS Agreement shall be notified without delay after their entry into force (normally within 30 days where no translation is required and within 60 days where translation is necessary). Changes shall be notified using the same format as for the “first” (initial) notification (ANNEX 23

), specifying under point “Notification status” that the notification relates to the “Amendment or revision to notified legal text” or “Replacement or consolidation of notified legal text”.

•

Checklist of Issues on Enforcement

Given the difficulty of examining legislation relevant to many of the enforcement obligations in the TRIPS Agreement, WTO Members have undertaken, in addition to notifying legislative texts, to provide information on how they are meeting these obligations by responding to a checklist of questions. The Checklist is contained in WTO Document IP/C/5 Checklist of Issues on Enforcement - Decision of the Council for TRIPS of 21 November 1995 (ANNEX 24

), and includes sections on:

-Civil and Administrative Procedures and Remedies -Provisional Measures -Special Requirements Related to Border Measures -Criminal Procedures The responses to this checklist have to be submitted by Afghanistan as soon as possible after the date on which it starts applying the implementing legislation in question, i.e. no later than 1 January 2019 (see para. 255 of the Report of the Working Party on the Accession of the Islamic Republic of Afghanistan). Examples

: IP/N/6/KGZ/1, 5 July 1999, Checklist of Issues on Enforcement, Responses from the Kyrgyz Republic; IP/N/6/SAU/1, February 2007, Checklist of Issues on Enforcement, Responses from Saudi Arabia; IP/N/6/PAK/1 20, November 2001, Checklist of Issues on Enforcement, Responses from Pakistan; IP/N/6/TJK/1, 27 October 2014, Checklist of Issues on Enforcement, Responses from Tajikistan.

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Contact Points , Pursuant to Article 69 of the TRIPS Agreement

Article 69 of the TRIPS Agreement provides that WTO Members agree to cooperate with each other with a view to eliminating international trade in goods infringing intellectual property rights and that, for this purpose, they shall establish and notify contact points in their administrations and be ready to exchange information on trade in infringing goods (counterfeit trademark goods and pirated copyright goods).

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The notification shall take place as soon as Afghanistan has established a contact point but no later than 1 January 2019 when according to the terms of accession to the WTO, Afghanistan starts to fully apply the provisions of the TRIPS Agreement (see para. 255 of the Report of the Working Party on the Accession of the Islamic Republic of Afghanistan). The information to be included in this notification has been discussed in WTO Document WTO/AIR/388, 1 August 1996, Notification of Contact Points for Technical Co-operation on TRIPS. The following information is required: -the name of the authority in question -address -telephone number -e-mail address -contact official Examples

: IP/N/3/KAZ/1 27, January 2016 (notification of contact point by Kazakhstan)

The notifications of the contact points are distributed in the document series IP/N/3/- and made available onthe WTO Online Database.

* * * In addition to the notification requirements listed above, WTO Members wishing to avail themselves of certain possibilities in the Agreement that relate to the substantive rights and obligations or contain various flexibilities have to notify the Council for TRIPS. The details of these additional procedures are set out in WTO Document Timeliness and Completeness of Notifications and other Information Flows – Note by the Secretariat, IP/C/W/543, 22 October 2009. Information • WT/TC/NOTIF/TRIPS/1, 15 October 1996 - Technical Cooperation Handbook on Notification

Requirements - Agreement on Trade-Related Aspects of Intellectual Property Rights • WTO Document Timeliness and Completeness of Notifications and other Information Flows – Note

by the Secretariat , IP/C/W/543, 22 October 2009 • WTO Homepage – section on intellectual property

rights https://www.wto.org/english/tratop_e/trips_e/trips_toolkit_e.htm (transparency toolkit) Coordination With the Intellectual Property Office (IPO) under MoCI, Copyright Directorate under Ministry of Information and Culture, Afghanistan Central Business Registry and Intellectual Property (ACBRIP) Directorate, Afghan Customs Department, and other agencies and ministries with responsibilities for intellectual property rights protection and enforcement.

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AGREEMENT ON SAFEGUARDS Notifying entity: MoCI

Notify to: Committee on Safeguards How: email to CRN@wto.org

Initial notification Upon accession Afghanistan notified pursuant to Article 12.6 Agreement on Safeguards, the adoption of the “Law on Safeguard Measures for Domestic Industries” and that the Law establishes the "General Directorate of International Trade" in the Ministry of Commerce and Industries as the competent authority tasked with administering the Law, initiating and conducting safeguard investigations, determining the serious injury or threat of serious injuries and making recommendations on provisional and definitive safeguards measures, as well as the "Safeguards Board for Domestic Industries" which will adopt provisional and definitive safeguard measures.WTO Document - Committee on Safeguards - Notification of laws and regulations under article 12.6 of the Agreement, G/SG/N/1/AFG/1, 12 September 2016. What needs to be notified •

Afghanistan shall notify any new law, regulation or administrative procedure, we well as any modification to the existing or future legislative framework governing safeguards. The notification shall be made promptly after adoption of the new law, regulation or administrative procedure or after modification (30 days). No specific format is required for this notification. Whenever the notification deals with changes to an existing law or regulation, it is important to refer to the original notification and summarize the changes, and attach to the notification the amended law (or regulation or administrative procedure).

Any new Law, Regulation or Administrative Procedure or any Modification to Existing or Future Law, Regulation or Administrative Procedure, Pursuant to Article 12.6 Agreement on Safeguards

Article 38 of the “Law on Safeguards Measures for Domestic Industries” states that “The Ministry of Commerce and Industries for the better implementation of the provisions of this Law may propose regulations and develop rules and procedures.” Any regulations and rules that may be developed pursuant to Article 38 shall be notified promptly after adoption (30 days). Notifications under Article 12.6 of the Agreement on Safeguards are distributed in the document series G/SG/N/1/[MEMBER]/.

* * *

The Agreement on Safeguards also contains a number of notification requirements that apply if and when Afghanistan launches safeguard procedures under its national safeguard legislation or undertakes other actions regarding safeguard measures. These additional notification requirements are: • Initiation of an investigation, pursuant to Article 12.1(a) (ANNEX 25) • Non-application of a safeguard measure to developing countries under Article 9.1 (ANNEX 26) • Finding of serious injury or threat thereof caused by increased imports made in the course of a

safeguard investigation, pursuant to Article 12.1(b) (ANNEX 27) • Decision to apply safeguard measures, pursuant to Article 12.1(c) (ANNEX 27) • Adoption of a provisional safeguard measure, pursuant to Article 12.4 (ANNEX 28) • Results of consultations, pursuant to Article 12.5 (ANNEX 29) • Termination of an investigation with no safeguard measure imposed (ANNEX 30)

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• Information to be provided upon initiation of a review pursuant to Article 7.2 regarding the extension of a safeguard measure (ANNEX 31)

• Cessation of a safeguard measure (ANNEX 32) Formats for these notifications are contained in WTO Document G/SG/1, 2 February 1995, and G/SG/2, 1 July 1996; "Information to be Notified to the Committee Where a Safeguard Investigation is Terminated With No Safeguard Measure Imposed"), as well as in WTO Document G/SG/1/Rev.1, 5 November 2009, Committee on Safeguards Formats for Certain Notifications Under the Agreement on Safeguards. These notifications are distributed in the document series G/SG/N/6/[MEMBER]/, G/SG/N/7/[MEMBER]/, G/SG/N/8/[MEMBER]/, G/SG/N/9/[MEMBER]/, G/SG/N/10/[MEMBER]/. Information • WT/TC/NOTIF/SG/1, 15 October 1996, Technical Cooperation Handbook on Notification

Requirements – Agreement on Safeguards • WTO Homepage – section on

safeguards https://www.wto.org/english/tratop_e/safeg_e/safeg_e.htm Coordination With the Afghan Customs Department

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WTO Agreement on Implementation of Article VI of the GATT 1994 (Anti-Dumping Agreement) Notifying entity: MoCI

Notify to: Committee on Anti-Dumping Practices How: email to CRN@wto.org

Initial notification Afghanistan did not submit any “upon accession” notification and at the moment of WTO accessionand in line with the content of the Working Party Report (see para. 134) Afghanistan had no anti-dumping laws and was not preparing any such laws. What needs to be notified •

Afghanistan is currently developing its antidumping law. A first notification to be submitted at the earliest possible opportunity should state this fact with an estimated date when such law will take effect and will be notified.No specific format is required for this notification.The proposed wording for such notification is the following:

Anti-Dumping legislation and/or regulations pursuant to Article 18.5 of the Anti-Dumping Agreement

"With reference to Article 18.5 of the Agreement on Implementation of Article VI of the GATT 1994, the Government of the Islamic Republic of Afghanistan notifies the Committee on Anti-Dumping Practices that it has no laws and/or regulations relevant to the Agreement. Such laws and/or regulations are currently being drafted and enactment is expected in [month, year] at which time a translation into a WTO language will be prepared and the law will be notified to the Committee." Upon adoption

of the relevant legislation, Afghanistan shall notify promptly (30 days) the full text(s) of the law (and regulation, simultaneously or separately, if the regulation and procedures are adopted at a later stage) in Dari and in English. No specific format is required for this notification.

Notifications under Article 18.5 of the Anti-Dumping Agreementare distributed in the document series G/ADP/N/1.

•

Afghanistan shall notify promptly (30 days) any changes in the relevant law and regulation upon adoption. Such notification should refer to the original notification of the amended legal basis.No specific format is required for this notification.

Any Subsequent Amendments to Anti-Dumping Law, Pursuant to Article 18.5 of the Anti-Dumping Agreement

Notifications under Article 18.5 of the Anti-Dumping Agreementare distributed in the document series G/ADP/N/1.

•

Competent Authority, Pursuant to Article 16.5 of the Anti-Dumping Agreement

Upon adoption of the relevant legislation, Afghanistan shall promptly notify which of its authorities are competent to conduct anti-dumping investigations in its territory. This notification requirement is fulfilled by providing the name, address, telephone and e-mail address of the investigatingauthority. Afghanistan shall promptly (30 days) update or correct its notification of the authorities competent to conduct anti-dumping investigations in its territory, as necessary, including changes in the contact details of the authorities.

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Lists of the authorities notified under Article 16.5 of the Anti-Dumping Agreement are periodically circulated to Members, in the document series G/ADP/N/14/Add. See for instance WTO Document G/ADP/N/14/Add.43, 19 April 2017, Competent Authorities notifications pursuant to Article[…] 16.5 [the same document also includes competent authorities for the conduct of countervailing measures investigations pursuant to Article 25.12 of the Agreement on Subsidies and Countervailing Measures]. •

Once Afghanistan will have set up its competent authority to conduct anti-dumping investigations it will have to notify every six months (on 31 January, covering the period 1 July through 31 December of the previous calendar year, and on 31 July, covering the period from 1 January through 30 June of the current calendar year) that:

Semi-annual Report on Anti-Dumping Duty Actions, Pursuant to Article 16.4 of the Anti-Dumping Agreement

CASE 1: Afghanistan has not taken any anti-dumping actions

during the relevant period. A simple letter stating this fact is sufficient (nil notification):

"In accordance with Article 16.4 of the Agreement on Implementation of Article VIof the GATT 1994, and in response to the request for semi-annual reports containedin document G/ADP/N/9, the Government of [name of Member] notifies the Committeeon Anti-Dumping Practices that it has taken no anti-dumping actions during the period [] through []." CASE 2: Afghanistan has taken anti-dumping actions

during the relevant period.The format for this notification is contained in WTO Document G/ADP/1/Rev.1, 3 November 2008, Format for Semi-Annual Reports of Anti-Dumping Actions Pursuant to Article 16.4 of the Anti-Dumping Agreement (ANNEX 33).

All original investigations initiated or open during the period covered by the report shall be reported using the table included in WTO DocumentG/ADP/1/Rev.1, 3 November 2008. All pending original investigations shall be included in the report, even if no reportable action has occurred during the period covered by the report. WTO Document G/ADP/1/Rev.1, 3 November 2008 contains detailed column-by-column instructions for the compilation of the tables as well as for the preparation of the annexes with definitive anti-dumping measures in force as of the end of the reporting period; refund requests under Article 9.3 and terminations of definitive measures during the reporting period. Notifications under Article 16.4 of the Anti-Dumping Agreementare distributed in the document series G/ADP/N/[]. •

Should Afghanistan decide not to establish an investigating authority and thus never take any antidumping actions, it can submit a one-time notification (valid until further notice) using the format adopted by the Committee on Anti-Dumping Practices on 21 October 2009 and contained in WTO Document G/ADP/19, 3 November 2009. The notification is done using the following text:

Notification Pursuant to Articles 16.4 and 16.5 of the Anti-Dumping Agreement in Case no Investigating Authority is Established and No Anti-Dumping Actions Taken

"This is to notify that the Islamic Republic of Afghanistan has not established an authority competent to initiate and conduct an investigation within the meaning of Article 16.5 of the Agreement and thus has

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not, to date, taken any anti-dumping actions within the meaning of Article 16.4 of the Agreement and does not anticipate taking any anti-dumping actions for the foreseeable future. The Islamic Republic of Afghanistan shall promptly notify the Committee on Anti-Dumping Practices of any changes that may take place in this regard. Specifically, the Islamic Republic of Afghanistan shall notify the Committee on Anti-Dumping Practices pursuant to Article 16.5 of the Agreement upon the establishment of an authority competent to initiate and conduct anti-dumping investigations, as well as the domestic procedures governing the initiation and conduct of such investigations, and shall report without delay to the Committee any anti-dumping actions in accordance with Article 16.4 of the Agreement.”

* * * The Anti-Dumping Agreementalso contains notification requirements that apply if and when Afghanistan launches anti-dumping measures procedures under its national legislation. • Preliminary and Final Actions, Pursuant to Article 16.4 of the Anti-Dumping Agreement

Afghanistan shall report without delay all preliminary or final actions taken. There is no specific format for these notifications. This can be done by submitting the full text of a Member's public notice regarding the action. In any event, the notifications should contain the information described in the guidelines adopted by the ADP Committee (WTO Document G/ADP/2/Rev.2, 3 November 2009, Minimum Information to be Provided under Article 16.4 of the Anti-Dumping Agreementin the Reports on all Preliminary of Final Anti-Dumping Actions): 1. Title of the public notice regarding the action 2. Date and place of publication 3. Investigation (Regulation) Number and other notices relating to the same investigation (e.g. for initiation, provisional measure) 4. The period of investigation (dumping, injury) 5. Date of the dumping determination 6. Margin(s) of dumping found and the basis of calculation 7. Date of the injury determination 8. Type of injury found (material injury, threat, material retardation) 9. Where anti-dumping measures are imposed, the product (including customs classification), origin (country/customs territory/firm), rate of duty and the effective date for each source of imports 10. Where an undertaking is involved, the product, country/customs territory/firm, and effective date of the undertaking Additional information • WT/TC/NOTIF/ADP/1 9 September 1996 - Technical Cooperation Handbook on Notification

Requirements – Agreement on the Implementation of Article VI of the GATT 1994 • WTO Homepage – section on anti-

dumping https://www.wto.org/english/tratop_e/adp_e/adp_e.htm Coordination With the Afghan Customs Department.

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AGREEMENT ON SUBSIDIES AND COUN TERVAILING MEASURES Notifying entity: MoCI

Notify to: Committee on Subsidies and Countervailing Measures How: email to CRN@wto.org

Initial notification Upon accession Afghanistan has made a “new and full” subsidy notification pursuant to Article 25 of the WTO SCM Agreement. In its notification, and in line with the content of the Working Party Report on the Accession of Afghanistan to the WTO (para. 152), Afghanistan stated that it does not maintain any industrial subsidy to be notified pursuant to Article 25 of the WTO SCM Agreement (“nil” notification). WTO Document - Committee on Subsidies and Countervailing Measures - Subsidies - New and full notification pursuant to article XVI:1 of the GATT 1994 and article 25 of the Agreement on Subsidies and Countervailing Measures, G/SCM/N/284/AFG, 5 August 2016. What needs to be notified •

New and Full Subsidy Notifications, Pursuant to Article 25 of the Agreement on Subsidies and Countervailing Measures

Article 25.2 of the Agreement provides that "Members shall notify any subsidy as defined in paragraph 1 of Article 1, which is specific within the meaning of Article 2, granted or maintained within their territories". A list of examples of domestic subsidies taken from actual notifications is contained in WTO Document WT/TC/NOTIF/SCM/1, 9 September 1996, Technical Cooperation Handbook on Notification Requirements - Agreement on Subsidies and Countervailing Measures, pages 6-7. Examples of export subsidies are contained in the Illustrative List of Export Subsidies (Annex Iof the Agreement on Subsidies and Countervailing Measures). The frequency of the notification is every two years. Notifications in the intervening years are no longer required. For all WTO Members including Afghanistan, the next “new and full” notification is required in 2018 (2020, 2022, etc..). The content of the notification may vary, depending on whether Afghanistan introduces or not subsidy that needs to be notified pursuant to Article 25 of the WTO SCM Agreement. Two main scenarios may apply: • Afghanistan does not introduce

any subsidy that needs to be notified pursuant to Article 25 of the WTO SCM Agreement

Afghanistan shall submit a “nil” notifications. As for the initial notification submitted by Afghanistan (G/SCM/N/284/AFG, 5 August 2016), the suggested wording for such “nil” notification is the following: "In accordance with Article 25.2 of the Agreement on Subsidies and Countervailing Measures and Article XVI:1 of the GATT 1994, the government of [name of Member] wishes to inform you that [name of Member] does not grant or maintain within its territory any subsidy within the meaning of Article 1.1 of the Agreement on Subsidies and Countervailing Measures which is specific within the meaning of Article 2 of the Agreement, or which operates directly or indirectly to increase exports from or reduce imports into its territory within the meaning of Article XVI:1 of the GATT 1994." Example: G/SCM/N/253/SAU, 28 May 2014, New and Full Notification Pursuant to Article XVI:1 of the

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GATT 1994 and Article 25 of the Agreement on Subsidies and Countervailing Measures (“Nil” notification by Saudi Arabia) • Afghanistan introduces

subsidies that require notification pursuant to Article 25 of the Agreement on Subsidies and Countervailing Duties

Article 25.3 of the SCM Agreement contains certain requirements regarding the content of subsidy notifications. Accordingly, "the content of notifications should be sufficiently specific to enable other Members to evaluate the trade effects and to understand the operation of notified subsidy programmes", and Members are obligated to ensure that their subsidy notifications contain information on the form, amount, policy objectives and/or purpose and duration of the subsidy and statistical data permitting an assessment of the trade effects of the subsidy. Afghanistan is required to notify subsidies using the “Questionnaire” contained in WTO Document G/SCM/6/Rev.1, 11 November 2003 (ANNEX 34). The ‘Questionnaire” requires providing the following information: 1. Title of the subsidy programme (add a brief description or identification of the subsidy). 2. Period covered by the notification (the period to be covered by the notification should be themost recently completed calendar or fiscal year. In the latter case, the start and end dates of the fiscalyear should be specified). 3. Policy objective and/or purpose of the subsidy 4. Background and authority for the subsidy (including identification of the legislation underwhich it is granted). 5. Form of the subsidy (i.e., grant, loan, tax concession, etc.). 6. To whom and how the subsidy is provided (whether to producers, to exporters, or others;through what mechanism; whether a fixed or fluctuating amount per unit; if the latter, howdetermined). 7. Subsidy per unit, or in cases where this is not possible, the total amount or the annual amountbudgeted for that subsidy (indicating, if possible, the average subsidy per unit in the previousyear).Where provision of per unit subsidy information (for the year covered by the notification,for the previous year, or both) is not possible, a full explanation. 8. For the information cited in items 3 to 7 above, the notification does not necessarily have tohave an independent heading corresponding to each item, and may provide information onmultiple items in one heading (e.g. provide information on items 3 and 4 under one heading).In this case, the notification must clearly specify what items are covered by which heading. 9. Duration of the subsidy and/or any other time limits attached to it, including date ofinception/commencement. 10. Statistical data permitting an assessment of the trade effects of the subsidy. The specific natureand scope of such statistics is left to the judgment of the notifying Member. To the extentpossible, relevant and/or determinable, however, it is desirable that such information includestatistics of production, consumption, imports and exports of the subsidized product(s) orsector(s): (a) for the three most recent years for which statistics are available; (b) for a previous representative year, which, where possible and meaningful, should bethe latest year preceding the introduction of the subsidy or preceding the last major change in the subsidy. Subsidy notifications are circulated in the G/SCM/N series, with a unique number assigned to the series for each notification year. For example, the 2011 new and full notifications are contained in the series G/SCM/N/220/…, with the notifying Member identified by its three- or four-letter ISO country code.

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•

Countervailing Measures Law, Pursuant to Article 32.6 of the SCM Agreement

Afghanistan is currently developing its countervailing measures law. A first notification should be submitted during the elaboration of the law and state this fact, including an estimated date when such law will take effect and will be notified.No specific format is required for this notification.The proposed wording for such notification is the following: "With reference to Article 32.6 of the Agreement on Subsidies and CountervailingMeasures, the Government of the Islamic Republic of Afghanistan notifies the Committee on Subsidies and Countervailing Measures that it has no laws and/or regulations relevant to the Agreement. Such laws and/or regulations are currently being drafted and enactment is expected in [month, year] at which time a translation into a WTO language will be prepared and the law will be notified to the Committee." Upon adoption of the relevant legislation, Afghanistan shall notify the full text(s) of the law (and regulation, simultaneously or separately, if the regulation and procedures are adopted at a later stage) in Dari and in English. Example

: (Saudi Arabia) G/SCM/N/1/SAU/1, 11 March 2009.

These notifications may be found in document series G/SCM/N/1/..., with the notifying Member identified by its three-letter ISO country code. •

Changes in the Countervailing Measures Law, Pursuant to Article 32.6 of the SCM Agreement

Afghanistan shall notify promptly (30 days from adoption) any changes in the relevant law and regulation upon adoption. Such notification should refer to the original notification of the amended legal basis. No specific format is required for this notification. Example

: (Saudi Arabia) G/SCM/N/1/SAU/2/Suppl.1, 20 January 2016.

These notifications may be found in document series G/SCM/N/1/..., with the notifying Member identified by its three-letter ISO country code. •

Competent Authorities, Pursuant to Article 25.12 of the SCM Agreement

Upon adoption of the relevant legislation and establishment of the relevant authority, Afghanistan shall promptly (30 days) notify which of its authority(ies) is(are) competent to conduct countervailing duty investigations in its territory. Lists of the authorities notified under Article 25.12 of the SCM Agreement are periodically circulated to Members, in the document series G/SCM/N/18. See for instance WTO Document G/SCM/N/18/Add.43, 19 April 2017, Competent Authorities notifications pursuant to Articles 25.12 [the same document also includes competent authorities for the conduct of antidumping investigations pursuant to Article 16.5 of the Anti-Dumping Agreement]. Afghanistan shall promptly (30 days) update or correct its notification of the authorities competent to conduct countervailing duty investigations in its territory, as necessary, including changes in the contact

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details of the authorities. •

Once Afghanistan will have set up its competent authority to conduct countervailing investigations it will have to notify every six months (on 31 January, covering the period 1 July through 31 December of the previous calendar year, and on 31 July, covering the period from 1 January through 30 June of the current calendar year) that:

Semi-Annual Report on Countervailing Duty Actions, pursuant to Article 25.11 of the SCM Agreement

CASE 1: Afghanistan has not taken any countervailing duty actions during the relevant period (first semester January through June and second semester July through December). A simple letter stating this fact is sufficient (nil notification): "In accordance with Article 25.11 of the Agreement on Subsidies and Countervailing Measures, and in response to the request for semi-annual reports contained in document G/SCM/N/19, the Government of the Islamic Republic of Afghanistan notifies the Committee on Subsidies and Countervailing Measures that it has taken no countervailing duty actions during the period 1 January through 30 June [year] [or 1 July through 31 December [year]." CASE 2: Afghanistan has taken countervailing duty actions during the period Januarythrough June [year] [or July through December [year]]. The format for this notification is contained in WTO Document G/SCM/2/Rev.1, 2 November 2009 “Format for semi-annual reports of countervailing duty actions pursuant to Article 25.11 of the Agreement on Subsidies and Countervailing Measures” (ANNEX 35). All original investigations initiated or open during the period covered by the report shall be reported using the table included in WTO Document G/SCM/2/Rev.1, 2 November 2009. All pending original investigations shall be included in the report, even if no reportable action has occurred during the period covered by the report. WTO Document G/SCM/2/Rev.1, 2 November 2009 contains detailed column-by-column instructions for the compilation of the tables as well as for the preparation of the annexes with definitive countervailing measures (duties and undertakings) in force as of the end of the reporting period; and terminations of definitive measures during the reporting period. •

Should Afghanistan decide not to establish an investigating authority and thus never take any countervailing action, it can submit a one-time notification (valid until further notice) using the format adopted by the Committee on Subsidies and Countervailing Measures on 20 October 2009 and contained in WTO Document G/SCM/129, 29 October 2009. The notification is done using the following text:

Notification pursuant to pursuant to Article 25.11 and Article 25.12 of the SCM Agreement in case no investigating authority is established and no countervailing action is taken

“This is to notify that Islamic Republic of Afghanistan has not established an authority competent to initiate and conduct an investigation within the meaning of Article 25.12 of the Agreement on Subsidies and Countervailing Measures ("the Agreement") and thus has not, to date, taken any countervailing

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actions within the meaning of Article 25.11 of the Agreement and does not anticipate taking any countervailing actions for the foreseeable future.Islamic Republic of Afghanistan shall promptly notify the Committee on Subsidies and Countervailing Measures ("the Committee") of any changes that may take place in this regard. Specifically, Islamic Republic of Afghanistan shall notify the Committee pursuant to Article 25.12 of the Agreement upon the establishment of an authority competent to initiate and conduct countervailing duty investigations, as well as the domestic procedures governing the initiation and conduct of such investigations, and shall report without delay to the Committee any countervailing actions in accordance with Article 25.11 of the Agreement.”

* * * The SCM Agreement also contains notification requirements that apply if and when Afghanistan launches countervailing measures procedures under its national legislation. • Preliminary or Final Actions Taken With Respect to Countervailing Duties, notification pursuant to

Article 25.11 of the SCM Agreement

Afghanistan shall report without delay all preliminary or final actions taken. This notification may either take the form of the full text of the public notice of countervailing action, or a summary satisfying the requirements of the format set forth in WTO Document G/SCM/3/Rev.1, 2 November 2009, Minimum Information to be provided under Article 25.11 of the Agreement on Subsidies and Countervailing Measures in the Reports on All Preliminary or Final Countervailing Actions (ANNEX 36). A list of notifications received is periodically circulated to the SCM Committee as a G/SCM/N/... document. Information • WT/TC/NOTIF/SCM/1, 9 September 1996 - Technical Cooperation Handbook on Notification

Requirements – Agreement on Subsidies and Countervailing Measures • WTO Homepage – section on subsidies and countervailing

measures https://www.wto.org/english/tratop_e/scm_e/scm_e.htm • WTO E-learning, Detailed Presentation of Subsidies and Countervailing Measures in the

WTO, https://ecampus.wto.org/admin/files/Course_385/Module_1594/ModuleDocuments/SCM-L2-R1-E.pdf

• Notification Procedures under the Agreement on Subsidies and Countervailing Measures, Background Note by the Secretariat, G/SCM/W/546/Rev.7, 31 March 2016

Coordination With the Afghan Customs Department.

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Update – Developments on privatization programs Notifying entity: MoCI

Notify to:Central Registry of Notifications How: email to CRN@wto.org

Initial Update Upon accession Afghanistan has submitted an update on the developments in its privatization programme. Content of update notified •

Update About Progress on Developments in the Privatization Program, Pursuant to Paragraph 42 of the Working Party Report

This is not a requirement mandated by the WTO Agreements. The obligation for Afghanistan to provide regular updatesregarding the progress achieved in the privatization programme is set out in Paragraph 42 of the Working Party Report on the Accession of the Islamic Republic of Afghanistanto the WTO (WT/ACC/AFG/36 - WT/MIN(15)/6, 13 November 2015) stating that “[...] Afghanistan confirmed that [it] would ensure thetransparency of its ongoing privatization programme […] [and] provide reports to WTO Members on developments in its privatisation programme, periodically andupon request, as long as the programme would be in existence, and along the lines of theinformation already provided to the Working Party during the accession process”. There is no set format for the preparation of this type of information which should be provided on a yearly basis by the end of July.Where changes occurred from the previous year, describe the changes and provide updated versions of the tables in Annex 3(A) - List of State-owned enterprises (SOEs); and Annex 3(B) - List of corporations in which the State has shares (SOCs). Where no changes occurred during the previous year, inform accordingly. Coordination With the SOEs Directorate (MoF).