Agreement On Trade-Related Investment Measures (Trims)

Yes, yes. If you have obligations in the execution of international operations because another country has imposed prohibited measures under this agreement, contact the Office of Trade Agreements and Compliance (TANC) via the U.S. Department of Commerce`s public hotline. In addition to the TRIMs agreement, there are other investment agreements that can help your business compete with the international market. The United States has bilateral investment agreements with 40 countries. These agreements generally offer comprehensive investment protection, including local content disciplines and commercial compensation. The full text of the bilateral investment contracts is available on the website of the Trade Ministry`s Trade Negotiations and Compliance Office. Similar provisions have also been introduced in the investment chapters of some U.S. free trade agreements, such as NAFTA, with Korea and Panama and others. Paragraph 2, point a) of the illustration list includes measures that limit the importation of products used in its local production by a company in general or an amount that relates to the volume or value of local production exported by the company. There is a conceptual similarity between this paragraph and paragraph 1, point b), in that they relate to the two trade equalization policy measures. The difference lies in the fact that paragraph 1, point b), deals with internal measures concerning products after importation, while paragraph 2, point a), deals with border measures concerning the importation of products.

For example, local content requirements (which require the purchase or use of local products), manufacturing requirements (which require the internal manufacture of certain components), commercial compensation requirements, domestic sales requirements, technology transfer requirements, export performance requirements (which require the export of a certain percentage of production volume), local capital restrictions, foreign exchange restrictions, restrictions on remittances, licensing requirements and employment restrictions. These measures can also be used as part of tax incentives, contrary to requirements. Some of these investment measures distort trade in violation of GaTT Articles III and XI and are therefore prohibited. [1] As an agreement based on THE existing GATT disciplines on trade in goods, the agreement does not concern the regulation of foreign investment. The disciplines of the TRIPS agreement focus on investment measures that are contrary to Articles III and XI of the GATT, i.e. that distinguish imported and exported goods and/or create import or export restrictions.

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