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. The Safeguards Agreement incorporates into WTO rules many of the concepts enshrined in US protection legislation (Section 201 of the Trade Act of 1974, as amended). Prohibits so-called “grey area” measures, such as voluntary restraint agreements and orderly marketing agreements. The repeated application of safety measures for a given product is limited by the agreement. As a general rule, a safeguard clause may be re-ent forehand to a product only after the expiry of a period corresponding to the duration of the initial safeguard measure, provided that the period of non-application is at least two years. 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 United States Government may, if necessary, discuss the particular facts of your situation with officials of the other country concerned. 2. In the absence of agreement during the consultations referred to in Article 12(3), within thirty days, the exporting Members concerned shall be free to suspend, no later than 90 days after the application of the measure, after the expiry of a period of thirty days from the date on which the Exchange Council received written notification of such a suspension; the application of substantially equivalent concessions or other obligations under GATT 1994 to the trade of the member applying the safeguard measure, the suspension of which the Council for Trade in Goods does not view with a negative eye.
2. (a) In cases where a quota is allocated among the supplier countries, the Member applying the restrictions may request an agreement on the allocation of quota shares with all other Members having an essential interest in the delivery of the product concerned. . . .