199) However, there is no other case or document that further clarifies the difference or the relationship between the Enabling Clause
and GATT Article XXIV.
Members in their actions pursuant to" the Enabling Clause
The central provision of the Enabling Clause
is paragraph 2(a), which expressly authorizes the provision of tariff preferences to developing countries "as described in [the 1971 waiver], relating to the establishment of 'generalized, non-reciprocal and non-discriminatory preferences beneficial to the developing countries.
7) Along with setting out various standards and notification and procedural requirements, the waiver, at paragraph 6, provides that it "does not affect in any way and is without prejudice to rights of Members in their actions pursuant to" the Enabling Clause
16 Addressing the nature of the Enabling Clause
and its procedural implications, a two member majority first concluded that the Enabling Clause
functions as an exception to the GATT Article I:1 MFN obligation and that, consequently, the burden of proof rests on the party that invokes the Enabling Clause
as a defense ([paragraph] 7.
18) The Enabling Clause
does not contain express criteria or procedures for graduation, however, leaving grantor countries to establish criteria on a unilateral basis.
Provisions of the SDR would also be applicable to accounts which have been restructured before the date of this circular provided that necessary enabling clauses
, as indicated in the above paragraph, are included in the agreement between the banks and borrower, RBI said.
He further asked the Builders' Association of India to emulate the contract documents of NHAI, Delhi Metro and other such organizations and take enabling clauses
for preparing the unified standard contract document.
As part of its "policy advocacy pillar", EQ examined existing laws and regulations on government tenders and initiated a process of reviewing the enabling clauses
for SMEs in several jurisdictions such as the European and the American SME Acts.
The regime also provides enabling clauses
for introduction of fit and proper criteria for sponsors, board of directors and management of brokerage houses to determine their fitness in line with the criteria laid down in this regard for non-banking financial companies.
When Congress writes a bill intended to be enforceable law within the States of the Union, the law must be within the authority of Article I, Section 8 of the Constitution and/or the enabling clauses
of the 13th, 14th, 15th, 19th, and 23rd Amendments to the Constitution.
In the depths of recession, what the people care about is jobs, the NHS, he said, not the minutiae of legislative competence orders or enabling clauses