GATT Rules on Export Restrictions

The GATT generally requires members to eliminate quantitative restrictions on exports. Under Article XI:1 of GATT 1994, a member must not prohibit or restrict exportation or sale for export through quotas, licences or other measures, except through duties, taxes or other charges.

Scope of the general prohibition

The rule targets measures that limit the quantity or availability of exports rather than measures that merely impose a fiscal charge. Thus, export quotas, export bans and restrictive export-licensing systems are generally prohibited, while export duties are not prohibited by Article XI itself.

Exceptions and administration

The prohibition is not absolute. Article XI:2(a) permits temporary export restrictions to prevent or relieve critical shortages of foodstuffs or other products essential to the exporting member; qualifying measures may also be covered by the general exceptions in Article XX.

• When a quantitative restriction is lawfully applied, Article XIII generally requires its non-discriminatory administration among trading partners.
• An exception must satisfy its own conditions; members do not possess an unrestricted right to impose export controls.