. /.WORLD TRADE
ORGANIZATIONWT/GC/32
7 February 2000
(00-0439)
Original:  Spanish
FIVE-YEAR REVIEW OF THE EXEMPTION PROVIDED
UNDER PARAGRAPH 3 OF THE GATT 1994
Questions from Panama
At the request of the Permanent Mission of Panama the following document is being
circulated to Members for information.
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The Republic of Panama is very interested in contributing towards a better understanding of
the legislation notified by the United States as fulfilling the requirements of paragraph 3(a) of the
General Agreement on Tariffs and Trade 1994 (GATT 1994).  To this end, while reserving the right to
submit further questions in future, the delegation of Panama submits the following questions to theUnited States in connection with the operation and implementation of the notified legislation:
1. Please indicate, citing relevant sections of the notified legislation, how it complies with the
requirements of paragraph 3(a) of the GATT 1994.
2. Please indicate whether the United States considers that the rules and regulations
implementing the notified laws also comply with the requirements of paragraph 3(a) of the GATT
1994.  Please indicate whether the United States considers that the rules and regulations will also be
covered by the exemption provided for in paragraph 3(a) of the GATT 1994.
3. Please indicate whether the notified legislation or its implementing rules or regulations allow
for exceptions or discretion in their application.  Please explain, citing the relevant provisions of thelegislation, rule or regulation.  If the notified legislation or implementing rules or regulations allow for
exceptions or discretion in their application, please indicate the instances in which such situations
have occurred, the instrument by which this was done, and the legal authority therefor.
4. The exemption in paragraph 3(a) of the GATT 94 only covers, in certain commercial
applications, a prohibition on the use, sale or lease of vessels which have been built or reconstructed
abroad.  Please indicate whether, in order to be able to use vessels in the commercial applications
referred to in paragraph 3(a), the notified legislation or its rules or regulations impose additional
limitations besides those specified in paragraph 3(a).  Please explain, citing the relevant provisions.
Please indicate whether there exist or have occurred exceptions or discretion in the application ofthese provisions, indicating the instances in whic h such situations have occurred, the instrument
whereby this was done, and the legal authority therefor.
5. Please indicate whether the notified legislation or its rules or regulations provide for the
possibility of suspending the application thereof.  Please explain, citing the relevant provisions.
Please indicate whether there exist or have occurred instances of suspension of the notified legislationWT/GC/32
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or its rules or regulations, indicating the instances in which such situations have occurred, the
instrument whereby this was done and the legal authority therefor.
6. Please indicate how the notified legislation or its rules or regulations define the concepts of
national waters, exclusive economic zone, and waters of an exclusive economic zone.  Please cite therelevant provisions.
7. Please indicate whether the notified legislation has been amended or changed.  Please
summarize the nature of these amendments or changes and provide the corresponding texts.
8. Please indicate how the notified legislation or rules or regulations define the various
commercial applications between points situated  in national waters.  Please cite the relevant
provisions.
9. Please indicate how the notified legislation or its rules or regulations define the various
commercial applications in waters of an exclusive economic zone.  Please cite the relevant provisions.
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