213. Some members of the Working Party noted that Article X of the GATT 1994 required that all laws, regulations, judicial decisions and administrative rulings relating to trade be published promptly so that governments and traders could become acquainted with them. Similarly, Article III of the GATS required prompt publication (at the latest by the time of entry into force - except in emergency situations) of all relevant measures of general application which pertain to or affect the operation of the GATS Agreement. These members also noted that transparency obligations arose from Article 63 of the TRIPS Agreement. They also requested that such laws, regulations, judicial decisions and administrative rulings relating to trade be systematically and immediately translated into a WTO official language.
214. Some Working Party members emphasized the importance of prior notice of laws, regulations and other measures affecting trade in goods, services and intellectual property rights, in particular the right to provide comments on proposed measures prior to their enactment and implementation. These members of the Working Party also noted that some of the WTO Agreements expressly provided for such a notice and prior comment process and urged Chinese Taipei to extend the coverage of this process to all measures related to the WTO.
215. The representative of Chinese Taipei stated that the following laws would be among those repealed, amended or newly made by the date of accession to the WTO for the purpose of putting into effect Chinese Taipei's accession commitments:
- Foreign Trade Act
- The Commodity Inspection Law
- The Trademark Law
- The Patent Law
- Company Law
- Customs Law Articles
- Statute for Commodity Tax
- Business Tax Law
- The Securities and Exchange Law
- The Certified Public Accountants' Law
- Commercial Port Law
- Lawyers' Law
- Architects' Law
- Statute Governing Privileges and Immunities of the Foreign Missions and their Personnel in Chinese Taipei
- Law of Pharmaceutical Affairs
- Law Governing Food Sanitation
- The Publication Law
- Central Bank Act
- Banking Law
- Copyright Law
- Copyright Intermediary Organization Act
- Tobacco and Alcohol Administration Law
- Tobacco and Alcohol Tax Law
- Statute Governing the Organization of Department of National Treasury, Ministry of Finance
- Provincial Statute for Monopoly of Tobacco and Wine in Taiwan Province
- Customs Import Tariff and Classification of Import Export Commodity
- Statute for Establishment and Management of Export Processing Zones
- Statute for Agriculture Development
- Food Management Law
- Statute for Inspection Procedure Governing Construction Works and Procurement and Disposal of Properties by Government Agencies
- Statute for Vocational Assistance for Retired Servicemen
- Law for the Administration of State-owned Enterprises
- Government Procurement Law
216. An illustrative list of the amendments that would be introduced to some of the above-mentioned laws was reproduced in Attachment D to this Report. The representative of Chinese Taipei further stated that Chinese Taipei would ensure that from the date of accession, all laws, regulations, judicial decisions and administrative rulings relating to trade would be published promptly so that governments and traders could become acquainted with them. The Working Party took note of these commitments.
217. The representative of Chinese Taipei further stated that Chinese Taipei would ensure that from the date of accession, all laws, regulations, judicial decisions and administrative rulings of general application relating to trade in goods, as well as measures subject to the transparency provisions of the GATS and TRIPS Agreement would be translated and published in an official WTO language no later than 90 days after enactment or issuance. Such measures would, however, be published in the official language of Chinese Taipei prior to the date such measures were to be implemented or enforced except in cases of extreme emergency publication would be done on an expedited basis thereafter. In respect of enquiry points required to be established under the WTO Agreement or the Draft Protocol, the representative of Chinese Taipei stated that Chinese Taipei would establish or designate an enquiry point where, upon request of any individual or enterprise, all information relating to the measures required to be published may be obtained. Replies to enquiries for information would generally be provided within 30 calendar days after receipt of a request. In exceptional cases, replies may be provided within 45 calendar days after receipt of a request. Replies would be complete and would represent the authoritative view of Chinese Taipei. The Working Party took note of these commitments.
218. The representative of Chinese Taipei noted the existence of requirements in some WTO Agreements for prior notice and a reasonable time to present comments on proposed measures. He stated that Chinese Taipei had an open and transparent system for adopting laws, regulations and other measures.
219. The representative of Chinese Taipei stated that upon accession, Chinese Taipei, would provide, except in cases of extreme emergency, a period for appropriate authorities, including those of other WTO members, to comment on all laws, regulations and other measures pertaining to or affecting trade in goods, services, or TRIPS of at least 60 calendar days before such measures were implemented. If prior comment was not possible in such cases of emergency, comments would be accepted and considered immediately after implementation. The Working Party took note of these commitments.
220. The representative of Chinese Taipei said that the latest upon entry to force of the Draft Protocol of Accession, Chinese Taipei would submit all notifications (other than those required to be made on an ad hoc basis) required by any Agreement constituting part of the WTO Agreement. Any regulations subsequently enacted by Chinese Taipei which gave effect to the laws enacted to implement any Agreement constituting part of the WTO Agreement would also conform to the requirements of that Agreement. The Working Party took note of these commitments.
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