Chapter Twelve

Exceptions for Trade in Goods

 

Article 1201: GATT Exceptions

Subject to the provisions of Articles 409 and 904, the provisions of Article XX of the General Agreement on Tariffs and Trade (GATT) are incorporated into and made a part of this Part of this Agreement.

Article 1202: Protocol of Provisional Application

Any measure of either Party that remains exempt from the obligations of the GATT by virtue of subparagraph 1(b) of the Protocol of Provisional Application of the GATT, shall to the same extent be exempt from the obligations of this Part of this Agreement.

Article 1203: Miscellaneous Exceptions

The provisions of this Part shall not apply to:

a) controls by the United States of America on the export of logs of all species;

b) controls by Canada on the export of logs of all species; and

c) controls by Canada on the export of unprocessed fish pursuant to the following existing statutes:

(i) New Brunswick Fish Processing Act, 1982 and Fisheries Development Act, 1977;

(ii) Newfoundland Fish Inspection Act, 1970;

(iii) Nova Scotia Fisheries Act, 1977;

(iv) Prince Edward Island Fish Inspection Act, 1956; and

(v) Quebec Marine Products Processing Act, No. 38, 1987.

 

Article 1204: Beer and Malt Containing Beverages

1. With respect to measures related to the internal sale and distribution of beer and malt containing beverages, Chapter Five shall not apply to:

a) a non-conforming provision of any existing measure;

b) the continuation or prompt renewal of a non-conforming provision of any existing measure; or

c) an amendment to a non-conforming provision of any existing measure to the extent that the amendment does not decrease its conformity with any of the provisions of Chapter Five.

2. The Party asserting that paragraph 1 applies shall have the burden of establishing the validity of such assertion.

3. Existing measure in paragraph 1 refers to a measure in force as of October 4, 1987.

Article 1205: GATT Rights

The Parties retain their rights and obligations under GATT and agreements negotiated under the GATT with respect to matters exempt from this Part under Articles 1203 and 1204.