Trade-related Investment Measures (TRIMS)
Reaffirming GATT rules
Illustrative list of TRIMS
Phasing out inconsistent measures
Developing countries' use of TRIMS


Trade-related Investment Measures (TRIMS)

      The Agreement on Trade-related Investment Measures (TRIMS) is more modest in scope than some of its proponents - chiefly in developed countries - hoped. It confirms existing

      • GATT principles of non-discrimination and national-treatment in relation to goods,
      • trade restrictions on foreign investors and
      • includes an 'illustrative list' of prohibited practices.

      The Agreement also provides for a review in 2000 to consider “whether the Agreement should be complemented with provisions on investment policy and competition policy."

Reaffirming GATT rules

      The TRIMS Agreement reaffirms existing GATT disciplines and identifies - in an illustrative list - a number of TRIMS which are inconsistent with these disciplines

Illustrative list of TRIMS

GATT Article Inconsistent measures
National treatment (Article III)
Local-content requirements - that a certain amount of inputs in production should be of local origin
 
Trade-balancing requirements - that imports should be a certain proportion of exports)
Prohibition of quantitative restrictions (Article XI)
Trade balancing restrictions - as above
 
Foreign exchange balancing restrictions - limiting the availability of foreign exchange for imports to a proportion of foreign exchange earned by exports or otherwise transferred
 
Domestic sales requirements - that a certain proportion of production be reserved for the domestic market

Phasing out inconsistent measures

      Members had ninety days from the entry into force of the WTO to notify existing measures inconsistent with the TRIMs provisions. These measures may be phased out - although they are inconsistent with existing GATT provisions - over periods of

        • Two years - industrialized countries
        • Five years - developing countries
        • Seven years - least developed countries

      The transition period may be extended for developed and least developed countries. The Agreement also requires a standstill on existing TRIMs and prohibits the adoption of new TRIMS during the transition period.

Developing countries' use of TRIMS

      Developing countries are frequent users - but by no means the only - users of TRIMS. A survey of WTO Trade Policy Reviews of developing countries conducted between 1991 and 1994 revealed that more than half of the countries reviewed used TRIMS of various kinds, although the measures were already being phased-out in some cases before the Uruguay Round Agreement was reached.

      Data from GATT Trade Policy Review Mechanism reports illustrates that 19 developing countries (out of 27 for which such reports were analyzed) maintained local content requirements between 1991 and 1994 in various sectors of their economies. Several countries (Mexico, Argentina, India and Brazil) decided to eliminate local content requirements before the conclusion of the Uruguay Round

      Low and Subramanian (1995)

      There is some evidence, too, that TRIMs in developing economies may be applied in a discretionary - and negotiable - manner or that they require a course of action - such as the use of local content - that firms might have pursued even in the absence of the regulation.

      Studies show that the actual application of TRIMS (in the sense of foreign firms perceiving themselves to be constrained by them) is less than the hypothetical or nominal amount of investment covered by TRIMS. Surveys undertaken by the United States Department of Commerce in 1977 and 1982 indicated that only 6 per cent of all overseas affiliates of United States corporations considered themselves to be affected by TRIMS, although a far greater per cent age (45 - 60 per cent ) are nominally affected by TRIMS.

      Low and Subramanian (1995)

 

 

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