WTO Consultancy
 
  Safeguard Measures
   

The Agreement on Safeguards ("SG Agreement") sets forth the rules for application of safeguard measures pursuant to Article XIX of GATT 1994. Safeguard measures are defined as "emergency" actions with respect to increased imports of particular products, where such imports have caused or threaten to cause serious injury to the importing Member's domestic industry (Article 2). Such measures, which in broad terms take the form of suspension of concessions or obligations, can consist of quantitative import restrictions or of duty increases to higher than bound rates. They are one of the three types of contingent trade protection measures, along with anti-dumping and countervailing measures, available to WTO Members.

The guiding principles of the Agreement with respect to safeguard measures are that such measures must be temporary; that they may be imposed only when imports are found to cause or threaten serious injury to a competing domestic industry; that they (generally) be applied on a non-selective (i.e. most-favoured-nation, or "MFN") basis; that they be progressively liberalized while in effect; and that the Member imposing them (generally) must pay compensation to the Members whose trade is affected. Thus, safeguard measures, unlike anti-dumping and countervailing measures, do not require a finding of an "unfair" practice, (generally) must be applied on an MFN basis.

In its own words, the SG Agreement, which explicitly applies equally to all Members, aims to: (i) clarify and reinforce GATT disciplines, particularly those of Article XIX; (ii) re-establish multilateral control over safeguards and eliminate measures that escape such control; and (iii) encourage structural adjustment on the part of the industries adversely affected by increased imports, thereby enhancing competition in international markets.

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  Special and differential treatment 2
   

Developing country Members receive special and differential treatment with respect to other Members' safeguard measures, in the form of a de minimis import volume exemption. As users of safeguards, developing country Members receive special and differential treatment with respect to applying their own such measures, with regard to permitted duration of extensions, and with respect to re-application of measures.

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De minimis import exemption

A safeguard measure shall not be applied to low volume from developing country Members. That is, where imports from a single developing country Member account for no more than 3 per cent of the total imports of the product concerned, and provided developing country Members below this threshold on an individual basis do not collectively account for more than 9 per cent of those imports, such imports shall be excluded from the measure.

» Provisions affecting developing country Members as users of safeguard measures

 
» Duration of extensions of measures

In applying safeguard measures, developing country Members may extend the application of a safeguard for an extra two years beyond that normally permitted period (i.e., to a total of six years, meaning that developing countries may apply a measure for a total of 10 years, as compared with the usual eight).

» Re-application of measures

The rules for re-applying safeguard measures with respect to a given product are relaxed for developing country Members. (The minimum period of non-application for developing countries in most cases is one-half the duration of the original measure, so long as this period is at least two years).
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  Our Services
   

We also provide safeguard services to our valued clients, when domestic industry of importing country is threatened to face serious injury. S. U. Khan Associates have the expertise to complete the challenging assignments in stipulated time periods. The services include:

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Preparation of safeguard measures applications on behalf of local industry /applicant and pursuing the same with the Investigating Authority till the conclusion.

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Representing importers before the Investigating Authority to safeguard their interest, including providing technical assistance to file the importers questionnaire and to give oral and written submission on the application filed against their interest

» Representing foreign exporters/producers before the Investigating Authority with a view to look after their interest and to give oral and written submissions throughout the investigation including comments on the application filed against the exporters and representation in hearings.
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