44
6.
The Committee on Trade in Services shall establish procedures for
periodic consultations with the objective of enabling such
recommendations to be made to the State Party concerned as it may
deem appropriate.
7.
Such consultations shall assess the balance-of-payment situation of the
State Party concerned and the restrictions adopted or maintained under
this Article, taking into account, inter alia, such factors as:
(a)
the nature and extent of the balance-of-payments and the external
financial difficulties;
(b)
the external economic and trading environment of the consulting
State Party; and
(c)
alternative corrective measures which may be available.
8.
The consultations shall address the compliance of any restrictions with
paragraph 2 of this Article, in particular the progressive phase-out of
restrictions in accordance with paragraph 2(e) of this Article.
9.
In such consultations, all findings of statistical and other facts presented
by the International Monetary Fund relating to foreign exchange,
monetary reserves and balance of payments, shall be accepted and
conclusions shall be based on the assessment by the Fund of the
balance-of-payments and the external financial situation of the
consulting State Party.
10.
If a State Party which is not a member of the International Monetary
Fund wishes to apply the provisions of this Article, the Council of
Ministers shall establish a review procedure and any other procedures
necessary.
Article 15
General Exceptions
Subject to the requirement that such measures are not applied in a manner
which would constitute a means of arbitrary or unjustifiable discrimination
between State Parties where like conditions prevail, or a disguised restriction
on trade in services, nothing in this Protocol shall be construed to prevent the
adoption or enforcement by any State Party of measures:
(a)
6
necessary to protect public morals or to maintain public order6;
The public order exception may be invoked only where a genuine and sufficiently serious
threat is posed to one of the fundamental interests of society.