For example, the “special safeguard measures” provided for in Article 5 of the WTO Agreement on Agriculture and the “transitional safeguards” provided for in Article 6 of the WTO Agreement on Textiles and Clothing apply only to agricultural or textile products. See chapters 6 and 9 of this book. Once a security measure has been implemented, it will have to be progressively liberalised over time. Protective measures cannot normally last more than four years, but they can be extended for a maximum of eight years if the country implementing the protection measure deems it necessary to prevent or repair serious damage. Developing countries can maintain security measures for up to ten years. All safeguard measures require the payment of compensation — in the form of substantially equivalent trade concessions — for each implementation after three years. Yes. If you draw attention to protective measures that have had a negative impact on your company`s export activities or that may do so, please contact the Office of Trade Agreements Negotiations and Compliance hotline at the U.S. Department of Commerce.
The U.S. government has information and support for U.S. companies that believe they have been harmed by a WTO member country`s non-compliance with this agreement. While it cannot guarantee that your problem can be resolved, the U.S. government may, if necessary, discuss the specific facts of your situation with officials in the other country concerned. Under the WTO rules set out in this agreement, WTO member states must conduct an investigation before they can apply a safeguard measure and must formally establish that imports of the product are affecting or threatening to seriously affect a domestic industry. Countries are also required to publicly inform all interested parties of their intention to apply a safeguard measure and to give exporters the opportunity to present their views. The importing country must first publicly inform all interested parties of the proposed protective measure and give them the opportunity to comment. A country`s notification procedure usually requires the publication of the proposed measure in its Official Gazette (the equivalent of the Federal Register). Companies that may be affected by the proposed protection measure can also be contacted directly.
The application of the import restrictions provided for in Articles XII and XVIII:B (balance of payments) of the GATT and the Uruguay Round Balance of Payments Agreement does not require injury to a domestic industry. The full text of the WTO Agreement on Safeguard Measures is available in the WTO Agreements Database of the Trade Agreements and Compliance Office. Any WTO member country that initiates an investigation or implements a safeguard measure must communicate its measures to the World Trade Organization`s Safeguard Committee. The United States, which was a member of that committee, is therefore aware of all possible protective measures. The Committee monitors and reports on the implementation of the guarantee agreement and makes recommendations for its improvement. The Agreement entered into force on 1 January 1995. It has no expiration date. There are several ways to learn about possible protective measures in the countries where your company operates. First, your company may be contacted directly by the government considering safeguard measures (especially if your company is a major exporter of the product concerned), or by a company that imports your product. Secondly, you can check the official gazettes of the countries to which you export. Third, you can be contacted by the United States. The government after learning that one of our trading partners had decided to open a protection investigation.
(However, the U.S. government does not publish information about protective measures taken by other countries in the federal registry.) Disputes under the Guarantee Agreement may also be settled by the United States in certain circumstances. . . .