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Agreement On Safeguard Measures

Posted by Josh On April - 8 - 2021

For example, the “specific safeguard measures” in Article 5 of the WTO Agreement on Agriculture and the “transitional guarantees” under Article 6 of the WTO Agreement on Textiles and Textiles apply only to agricultural or textile products. See chapters 6 and 9 of this book. All U.S. companies operating internationally can benefit from this agreement, which sets strict rules for the application of safeguards. The agreement`s reporting obligations help to fully inform U.S. exporters of the nature of the safeguards, the products they cover and the length of time they are applied. Under this agreement, exporters may, as part of the investigation that precedes the application of a safeguard measure, make their views known, provide evidence and respond to statements by other parties. Before implementing or extending a safeguard, members are required to provide an adequate opportunity for consultation with Members who, as exporters of the product, have significant interests. Among the objectives of these consultations are the verification of fact-based information, exchanges of views on the proposed measures and the agreement on maintaining a substantially equivalent level of concessions and commitments. If your company exports products to a country that is considering implementing a protective measure that could harm your exports, the WTO safeguard agreement can help you protect your interests. This is how the protection agreement works in practice: there are several ways to learn about possible safeguards in countries where your business does business.

First, your business can be contacted directly by the government considering safeguards (especially if your company is a major exporter of the product concerned) or by a company that imports your product. Second, you can read the official gazettes of the countries to which you export. Third, you may be contacted by the U.S. government after learning that one of our trading partners has decided to open a security investigation. (However, the U.S. government does not publish information on other countries` safeguards in the federal registry.) As a general rule, the Committee`s task is to monitor the implementation and implementation of the agreement (and report to the Trade in Goods Council), review members` notifications and determine how members comply with the agreement`s procedural rules on the application of safeguards, assist consultations and review proposed retaliatory measures. Existing grey areas, which were in force at the time of the WTO`s entry into force, should be aligned with the Agreement on the Secretary-General or expire in accordance with the timetables that will be submitted to the Committee of Secretaries-General within four years of the WTO`s entry into force (i.e. until 31 December 1998) before 30 June 1995. Although all members were entitled to a waiver of a single specific measure, under which they would have had the necessary departure until 31 December 1999, no member other than the EC (whose only exception is in the annex of the agreement itself) exercised this option.

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