As a general rule, members who apply protective measures must pay by paying compensation. A member applying a safeguard measure must maintain a level of concessions and other substantially equivalent commitments to the exporting members concerned. On this subject, concerned members can agree on appropriate means of trade compensation through consultations. In the absence of such a compensation agreement within 30 days, the exporting members concerned may individually suspend substantially equivalent concessions and other obligations (i.e. retaliation), unless the Goods Trade Council objects. When applying a safeguard measure, the member must maintain a substantially equivalent level of concessions and other obligations to the exporting members concerned. In this regard, appropriate means of compensation can be agreed with the members concerned. In the absence of such an agreement, the exporting members concerned may individually suspend substantially equivalent concessions and other obligations. The latter right cannot be exercised during the first three years of a safeguard measure if the measure is taken on the basis of an absolute increase in imports and is in line with the provisions of the agreement by other means. 2. In the absence of agreement in the Article 12 consultations, paragraph 3, within 30 days, the exporting members concerned are exempt, no later than 90 days after the application of the measure, from suspending the suspension at the end of a period of thirty days from the date on which the Council for Trade in Goods received a written notification of the suspension.
, the application, under the 1994 GATT, of concessions or other commitments essentially equivalent to the trade of the member applying the safeguard measure which the Council for Trade in Goods does not disapprove of the suspension of this measure. The repeated application of protection measures for a particular product is limited by the agreement. As a general rule, a safeguard clause can only be re-applied to a product after the expiry of a period equal to the duration of the original safeguard clause, as long as the non-request period is at least two years. Members of developing countries are treated in a particular and differentiated way with regard to the protection measures of other members in the form of a de minimis exemption. As users of safeguard measures, members of developing countries are treated in a particular and differentiated way with regard to the application of their own measures, the authorized duration of extensions and the reintroduction of measures. Yes, yes. If you are aware of security measures that are either detrimental to your company`s export or able to do so, contact the U.S. Department of Commerce`s Office of Trade Agreements Negotiations and Compliance hotline.
The U.S. government has information and assistance for U.S. companies who believe they have been harmed by a WTO member country`s non-compliance with the agreement. While it cannot guarantee that your problem can be resolved, the U.S. government can, if necessary, discuss the specific facts of your situation with officials from the other country concerned. The Protection Committee monitors and reports annually to the Goods Council on the overall implementation of the agreement. A member concerned with a protective measure may ask the committee to decide whether the measure complies with the rules of procedure of the agreements.