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1/26/23, 9:07 PM Trade Guide: Marrakesh Agreement Establishing the WTO

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Trade Guide: Marrakesh Agreement Establis

MARRAKESH
AGREEMENT
ESTABLISHING THE
WORLD TRADE
ORGANIZATION

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1/26/23, 9:07 PM Trade Guide: Marrakesh Agreement Establishing the WTO

What is this Agreement and what


does it do?
The Agreement Establishing the World Trade Organization,
commonly known as the “Marrakesh Agreement”, was signed in
Marrakesh, Morocco, on April 15, 1994, at the conclusion of the
Uruguay Round of Multilateral Trade Negotiations.

This Agreement defines the scope, functions and structure of


the World Trade Organization (WTO). The agreements previously
negotiated under the General Agreement on Tariffs and Trade
(GATT), along with agreements concluded during the Uruguay
Round, were incorporated as integral parts of the Marrakesh
Agreement and are included in its Annexes. These agreements
are now considered to be WTO agreements.

All WTO members are parties to the Marrakesh Agreement,


including countries that have joined the WTO since it was
signed.

This Agreement entered into force on January 1, 1995. It has no


expiration date.

Who benefits from this


Agreement?
While the Marrakesh Agreement itself does not apply directly to
your company, the WTO agreements in its Annexes provide a
comprehensive set of rules designed to make it easier to
compete in today’s global marketplace. Full texts of all WTO
agreements, including those concluded since the WTO was
established, can be found in the TARA database of the Trade
Agreements Negotiation and Compliance of the U.S. Department
of Commerce.

What are the main provisions of


this Agreement?
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1/26/23, 9:07 PM Trade Guide: Marrakesh Agreement Establishing the WTO

The objective of the countries that signed the Marrakesh


Agreement was to create an integrated multilateral trading
system encompassing the General Agreement on Tariffs and
Trade (GATT) and the results of all the trade rounds (including
the Uruguay Round) that had been conducted since the GATT
was signed in 1947. The Marrakesh Agreement:

established the WTO and states that it will serve as the


basic framework for trade relations among all WTO
member countries on matters covered by the WTO
agreements;
defines the functions of the WTO, which include: 1)
reviewing the operation and implementation of all WTO
agreements; 2) administering the 
WTO’s dispute settlement process; 3) providing a forum for
further trade negotiations; and 4) working with other
international organizations (such as the World Bank and the
International Monetary Fund) to achieve greater coherence
in global economic policy-making;
provides for the organizational and administrative structure
of the WTO;
requires the WTO to hold a Ministerial Conference at least
once every two years, where trade ministers from WTO
member countries meet to assess the implementation of
the WTO agreements and decide on future WTO initiatives;
established the WTO General Council, which oversees WTO
operations between meetings of the Ministerial
Conference;
provides that decisions in the WTO are to be made as a
general rule by consensus, although voting is allowed in
certain circumstances where a decision cannot be reached
by consensus;
gives the Ministerial Conference and the General Council
the exclusive authority to adopt interpretations of this
Agreement and all WTO agreements, and also grants the
Ministerial Conference the authority to amend all WTO
agreements;
states that any country may join the WTO on terms that are
agreed upon between the country applying for membership
and the WTO;

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maintains that WTO members may choose not to apply the


WTO Agreements to a country that is joining the WTO as
long as the Ministerial Conference is notified before
approving that country’s accession terms, and
permits any WTO member to withdraw from the WTO after
giving six months advance notice to the WTO’s Director-
General.

Can the U.S. Government help me


if I have a problem?
Yes. If you believe that a WTO members country failing to
comply with any of the WTO agreements, contact the Office of
Trade Agreements Negotiations and Compliance (TANC) though 
its public hotline at the U.S. Department of Commerce.

TANC can help you understand your rights under this Agreement
and can alert the relevant U.S. Government officials to make
inquiries, if appropriate, with the other country involved to help
you resolve your problem.

The U.S. Government can, if appropriate, raise the particular


facts of your situation with the government of the other country
or countries involved, or it can raise the matter in an appropriate
international forum. Certain problems that arise under WTO
Agreements can be addressed through the World Trade
Organization’s dispute settlement process, which is described in
the 
Trade Guide to the WTO Understanding on the Settlement of
Disputes
.

How can I get more information?


The complete text of the Marrakesh Agreement Establishing the
World Trade Organization is available from the Office of Trade
Agreements Negotiations and Compliance’s 
WTO Agreements database.

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If you have questions about the Marrakesh Agreement or any


WTO agreement, you can e-mail the Office of Trade Agreements
Negotiation and Compliance at the U.S. Department of
Commerce, which will forward your message to the Commerce
Department’s Designated Monitoring Officer for the Agreement.
You can also contact the Designated Monitoring Officer at the
following address:

Designated Monitoring Officer

Agreement Establishing the WTO

Office of Standards and Investment Policy

Industry and Analysis

International Trade Administration

U.S. Department of Commerce

14th Street & Constitution Avenue, N.W.

Washington, D.C. 20230

Tel: (202) 482-3724

Fax: (202) 482-6097

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