Common use of Core obligation Clause in Contracts

Core obligation. This measure aims at facilitating access to and dissemination of trade-related information in a cost- effective and easily accessible manner. Pursuant to Article 1.2 of the TFA, WTO Members have the obligation to make available through the Internet information and forms related to import, export and transit procedures, among other (see Scope of Information section below). Consequently, governments shall ensure that the covered information is uploaded and readily available to any traders, government or other interested party. As procedures and requirements may change over time, Article 1.2 also requests WTO Members to update their website(s) in order to provide the most accurate information to relevant stakeholders. Nonetheless, the obligation to update was to some extent neutralized by adding the terms “to the extent possible” and “as appropriate”. In other words, both terms bring some degree of flexibility in the compliance of the obligation to update. The term “to the extent possible” requires that WTO Members undertake serious efforts to update the information available on the Internet (Panel reports, EEC - Restrictions on Imports of Apples from Chile). In case of incompliance, the concerned WTO Member will need to prove that, in spite of its efforts, it was impossible to comply with it, taken into account the relevant circumstances on a case-by-case basis. While the use of the term “as appropriate” might induce a certain level of flexibility in meeting the update requirement, WTO Members remain obliged to comply with this requirement. According to WTO Panels “[t]he word appropriate, in its general dictionary sense, means especially suitable, proper. This suggests that “appropriate measures” are those that are suitable for achieving their purpose” (Panel reports in, Mexico-Telecom, EC-Tube or Pipe Fittings, US-Clove Cigarettes). Therefore, the term “as appropriate” leaves to WTO Members the choice regarding the suitable method to update the information on the Internet. Pursuant to Article 1.2 of the TFA, WTO Members are obliged to upload into the Internet at least the following information: