The negotiating framework produced at
Bretton Woods that was to have become the organizational
framework for the ITO became known as the General
Agreement on Trade and Tariffs.1
Even though it was
provisional, GATT was used over the next 44 years as the
framework for trade rounds that ultimately led to the
final agreement signed in Marrakesh in 1994, ratified by
the U.S. Senate. Trade Rounds were also
known by the location where the round was initiated.
The final round that created the World Trade
Organization was the Uruguay Round.
International Economics Study Center, The WTO: An
Historical, Legal and Organizational Overview
Uruguay Round Agreements Act
December 8, 1994
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President William J. Clinton signed the
Uruguay Round Agreements Act of 1994.
It became Public Law 103-465
The
legislation was H.R. 5110, passed by the
House on November 29, 1994 and by the Senate
on December 1, 1994.
The
Senate Debate, Statements and Vote |
Definitions |
(1) GATT 1947; GATT
1994-
(A) GATT 1947-
The term `GATT 1947' means the General
Agreement on Tariffs and Trade, dated
October 30, 1947, annexed to the Final
Act Adopted at the Conclusion of the
Second Session of the Preparatory
Committee of the United Nations
Conference on Trade and Employment, as
subsequently rectified, amended, or
modified by the terms of legal
instruments which have entered into
force before the date of entry into
force of the WTO Agreement.
(B) GATT 1994- The term `GATT 1994'
means the General Agreement on Tariffs
and Trade annexed to the WTO Agreement.
(3) INTERNATIONAL
TRADE COMMISSION- The term `International
Trade Commission' means the United States
International Trade Commission.
(9) WTO AGREEMENT-
The term `WTO Agreement' means the Agreement
Establishing the World Trade Organization
entered into on April 15, 1994.
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TITLE I--APPROVAL OF, AND GENERAL PROVISIONS
RELATING TO,
THE URUGUAY ROUND AGREEMENTS
Subtitle A--Approval of Agreements and
Related Provisions
SEC. 101. APPROVAL AND ENTRY INTO FORCE OF
THE URUGUAY ROUND AGREEMENTS.
(a) APPROVAL OF AGREEMENTS AND STATEMENT OF
ADMINISTRATIVE ACTION- Pursuant to section
1103 of the Omnibus Trade and
Competitiveness Act of 1988 (19 U.S.C. 2903)
and section 151 of the Trade Act of 1974 (19
U.S.C. 2191), the Congress approves--
(1) the trade agreements described in
subsection (d) resulting from the Uruguay
Round of multilateral trade negotiations
under the auspices of the General Agreement
on Tariffs and Trade, entered into on April
15, 1994, and submitted to the Congress on
September 27, 1994; and
(2) the statement of administrative action
proposed to implement the agreements that
was submitted to the Congress on September
27, 1994.
(b) ENTRY INTO FORCE-
At such time as the President determines
that a sufficient number of foreign
countries are accepting the obligations of
the Uruguay Round Agreements, in accordance
with article XIV of the WTO Agreement, to
ensure the effective operation of, and
adequate benefits for the United States
under, those Agreements, the President may
accept the Uruguay Round Agreements and
implement article VIII of the WTO Agreement.
(d) TRADE AGREEMENTS
TO WHICH THIS ACT APPLIES- Subsection (a)
applies to the WTO Agreement and to the
following agreements annexed to that
Agreement:
(1) The General Agreement on Tariffs and
Trade 1994.
(2) The Agreement on Agriculture.
(3) The Agreement on the Application of
Sanitary and Phytosanitary Measures.
(4) The Agreement on Textiles and Clothing.
(5) The Agreement on Technical Barriers to
Trade.
(6) The Agreement on Trade-Related
Investment Measures.
(7) The Agreement on Implementation of
Article VI of the General Agreement on
Tariffs and Trade 1994.
(8) The Agreement on Implementation of
Article VII of the General Agreement on
Tariffs and Trade 1994.
(9) The Agreement on
Preshipment Inspection.
(10) The Agreement on Rules of Origin.
(11) The Agreement on Import Licensing
Procedures.
(12) The Agreement on Subsidies and
Countervailing Measures.
(13) The Agreement on Safeguards.
(14) The General Agreement on Trade in
Services.
(15) The Agreement on Trade-Related Aspects
of Intellectual Property Rights.
(16) The Understanding on Rules and
Procedures Governing the Settlement of
Disputes.
(17) The Agreement on Government
Procurement.
(18) The International Bovine Meat
Agreement.
SEC. 102.
RELATIONSHIP OF THE AGREEMENTS TO UNITED
STATES LAW AND STATE LAW.
(a) RELATIONSHIP OF AGREEMENTS TO UNITED
STATES LAW-
(1) UNITED
STATES LAW TO PREVAIL IN CONFLICT- No
provision of any of the Uruguay Round
Agreements, nor the application of any
such provision to any person or
circumstance, that is inconsistent with
any law of the United States shall have
effect.
(2) CONSTRUCTION- Nothing in this Act
shall be construed--
(A) to amend or modify any law of the
United States, including any law
relating to--
(i) the
protection of human, animal, or
plant life or health,
(ii) the protection of the
environment, or
(iii) worker safety, or
(B) to limit any
authority conferred under any law of the
United States, including section 301 of
the Trade Act of 1974, unless
specifically provided for in this Act.
(b) RELATIONSHIP OF
AGREEMENTS TO STATE LAW-
(1)
FEDERAL-STATE CONSULTATION-
(A) IN GENERAL- Upon the enactment of
this Act, the President shall, through
the intergovernmental policy advisory
committees on trade established under
section 306(c)(2)(A) of the Trade and
Tariff Act of 1984 (19 U.S.C.
2114c(2)(A)), consult with the States
for the purpose of achieving conformity
of State laws and practices with the
Uruguay Round Agreements.
(B) FEDERAL-STATE CONSULTATION PROCESS-
The Trade Representative shall establish
within the Office of the United States
Trade Representative a Federal-State
consultation process for addressing
issues relating to the Uruguay Round
Agreements that directly relate to, or
will potentially have a direct effect
on, the States. The Federal-State
consultation process shall include
procedures under which--
(2) LEGAL
CHALLENGE-
(A) IN GENERAL- No State law, or the
application of such a State law, may be
declared invalid as to any person or
circumstance on the ground that the
provision or application is inconsistent
with any of the Uruguay Round
Agreements, except in an action brought
by the United States for the purpose of
declaring such law or application
invalid.
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Additional Reading:
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