. /.WORLD TRADE
ORGANIZATIONWT/L/440
10 January 2002
(02-0123)
CUBA – ARTICLE XV:6
Extension of Waiver
Decision of 20 December 20011
The General Council,
Noting  the request by the Government of Cuba for an extension of the waiver relieving it
from the provisions of paragraph 6 of Article XV of the General Agreement on Tariffs and Trade1994, which provide that any contracting party which ceases to be a member of the International
Monetary Fund shall enter into a special exchange agreement with the WTO.
Considering  once again that, owing to special circumstances, the application of the provisions
of paragraph 6 of Article XV to Cuba would once again raise a number of legal and practicaldifficulties;
Noting  the assurances given by the Government of Cuba that it will use the waiver with the
purpose of continuing to promote trade and investment with Members;
Acting  pursuant to the provisions of paragraph 3 of Article IX of the Agreement on the WTO,
Decides:
1. Without derogation from any other provisions of Article XV and subject to the terms and
conditions set out below, to extend the waiver granted to the Government of Cuba by Decision of
7 August 1964, as extended on 18 December 1996, relieving it from the provisions of paragraph 6 ofthe said Article until 31 December 2006.
2. The extension shall be subject to the Government of Cuba satisfying the WTO that it has
complied with its undertaking to make use of the waiver without thereby affecting the objectives of
the General Agreement or harming or impairing the rights of the other contracting parties.
3. The Government of Cuba will submit to the General Council an annual report on the
implementation of this waiver with a view to facilitating the annual review provided for in
paragraph 4 of Article IX of the WTO Agreement.
4. The Government of Cuba will, upon request, promptly enter into consultations with any
interested Member with respect to any difficulty or matter that may arise as a result of the
implementation of this waiver;  where a Member considers that any benefit accruing to it under the
GATT 1994 may be or is being impaired unduly as a result of such implementation, such consultation
                                                     
1 Adopted in accordance with the Decision-Making Procedures under Articles IX and XII of the WTO
Agreement agreed by the General Council (WT/L/93).WT/L/440
Page 2
shall examine the possibility of action for a satisfactory adjustment of the matter.  This decision does
not affect Members' rights as set forth in the Understanding in Respect of Waivers of Obligations
under the GATT 1994.
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