Dear all,
For
clarifications on the required information, please refer below:
The key to
the illustrative list below are the words: require and restrict.
The measures in question coming within the scope of the questions should either
require or restrict the stated measure.
1.
The measure anticipated here should require the use of a domestic
product. An example would be a measure requiring that furniture sold in Tonga must use timber grown in Tonga.
2.
The measure anticipated here would require an enterprise
importing a certain amount or value of imported products to export the same
amount or value of local products. An example would be if Skips Joinery were
required, as a precondition to importing timber, to export the same amount or
value of furniture.
3.
The measure anticipated here would restrict the import by a company
of a product to the amount or value of local product that the company
exports. An example would be if Skips Joinery had restrictions on the
importation of timber related to the amount of furniture it exports.
4.
The measure anticipated here would restrict the use of imported
products by an enterprise to the amount of foreign exchange generated by the
enterprise. An example would be if Skips Joinery had restrictions relating the
amount of timber they could import to the amount of foreign exchange they
generated.
5.
The measure anticipated here would restrict the export of
any product whether by value volume or proportion of value or volume to local
production. An example would be if Skips Joinery had restrictions stating that
they could only export TOP$1million worth of furniture or ten tonnes of
furniture or half of the value or volume of local production of furniture.
Are there any trade-related
investment measures which require?
(a) the purchase or use by an
enterprise of products of domestic origin or from any domestic source, whether
specified in terms of particular products, in terms of volume or value of
products, or in terms of a proportion of volume or value of its local
production; or This
would cover any measure requiring the use of an amount of domestic product.
This is otherwise described as import substitution.
(b) that an enterprise's
purchases or use of imported products be limited to an amount related to the
volume or value of local products that it exports. This would cover any measure requiring
that the amount of imported products used by an enterprise be limited to the
amount of local products that is exported.
2. Are there any trade-related
investment measures which are mandatory or enforceable under domestic law or
under administrative rulings, or compliance with which is necessary to obtain
an advantage, and which restrict:
(a) the importation by an
enterprise of products used in or related to its local production, generally or
to an amount related to the volume or value of local production that it
exports; This would
cover any measure restricting the use of imported products in local production
to the amount of local production exported. In other words, the use of imported
products for local production is contingent on export performance
(b) the importation by an
enterprise of products used in or related to its local production by
restricting its access to foreign exchange to an amount related to the foreign
exchange inflows attributable to the enterprise; or This would cover any measure restricting
the use of imported products for local production to export performance of
local production, but the slight difference here is the volume of foreign
exchange actually generated by the enterprise determines the use of imported
products.
(c) the exportation or sale for
export by an enterprise of products, whether specified in terms of particular
products, in terms of volume or value of products, or in terms of a proportion
of volume or value of its local production. This would cover any measure restricting exports, by
product, volume or value