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.