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Agreement on SAARC Preferential Trading Arrangement
(SAPTA)
Article - 1
For the purpose of this Agreement:
- "Least Development Country" means a country designated as such
by the United Nations.
- "Contracting State" means any Member State of the South Asian Association
for Regional Cooperation (SAARC) which has entered into this Agreement.
- "Serious Injury" means significant damage to domestic producers
of like or similar products resulting from a substantial increase
of preferential imports in situations which cause substantial losses
in terms of earnings, production or employment unsustainable in the
short term. The examination of the impact on the domestic industry
concerned shall also include an evaluation of other relevant economic
factors and indices having a bearing on the state of the domestic
industry of that product.
- "Threat of Serious Injury" means a situation in which a substantial
increase of preferential imports is of a nature to cause "serious
injury" is clearly imminent. A determination of threat of serious
injury shall be based on facts and not on mere allegation, conjecture
or remote of hypothetical possibility.
- "Critical Circumstances" means the emergence of an exceptional
situation where massive preferential imports are causing or threatening
to cause "serious injury" difficult to repair and which calls for
immediate action.
- "Sectoral Basis" means agreements amongst Contracting States regarding
the removal or reduction of tariff, non-tariff and para-tariff barriers
as well as other trade promotion or cooperative measures for specified
products or groups of products closely related in end-use or in production.
- "Direct trade measures" means measures conducive to promoting mutual
trade of Contracting States such as long and medium-term contracts
containing import and supply commitments in respect of specific products,
buy-back arrangements, state trading operations, and government and
public procurement.
- "Tariffs" means customs duties included in the national tariff
schedules of the Contracting States.
- "Para-tariffs" means border charges and fees, other than "tariffs"
on foreign trade transactions of a tariff-like effect which are levied
solely on imports, but not those indirect taxes and charges, which
are lived in the same manner on like domestic products. Import charges
corresponding to specific services rendered are not considered as
para-tariff measures.
- "Non-tariffs" means any measure, regulation or practice, other
than "tariffs" and "para-tariff", the effect of which is to restrict
imports or to significantly distort trade.
- "Products" means all products including manufactures and commodities
in their raw, semi-processed and processed forms.
Article - 2
Establishment and Aims
- By the present Agreement, the Contracting States establish the
SAARC Preferential Trading Arrangement (SAPTA) to promote and sustain
mutual trade and the economic cooperation among the Contracting States,
through exchanging concessions in accordance with this Agreement.
- SAPTA will be governed by the provisions of this Agreement and
also by the rules, regulations, decisions, understandings and protocols
to be agreed upon within its framework by the Contracting States.
Article - 3
Principles
SAPTA shall be governed in accordance with the following principles:
- SAPTA shall be based and applied on the principles of overall reciprocity
and mutuality of advantages in such a way as to benefit equitably
all Contracting States, taking into account their respective levels
of economic ad industrial development, the pattern of their external
trade, trade and tariff policies and systems;
- SAPTA shall be negotiated step by step, improved and extended in
successive stages with periodic reviews;
- The special needs of the Least Developed Contracting States shall
be clearly recognised and concrete preferential measures in their
favour should be agreed upon;
- SAPTA shall include all products, manufactures and commodities
in their raw, semi-processed and processed forms.
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