国际贸易保障措施协议(英文)(doc格式).doc
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1、AGREEMENT ON SAFEGUARDSMembers,Having in mind the overall objective of the Members to improve and strengthen the international trading system based on GATT 1994;Recognizing the need to clarify and reinforce the disciplines of GATT 1994, and specifically those of its ArticleXIX (Emergency Action on I
2、mports of Particular Products), to reestablish multilateral control over safeguards and eliminate measures that escape such control;Recognizing the importance of structural adjustment and the need to enhance rather than limit competition in international markets; andRecognizing further that, for the
3、se purposes, a comprehensive agreement, applicable to all Members and based on the basic principles of GATT 1994, is called for;Hereby agree as follows:Article1General Provision This Agreement establishes rules for the application of safeguard measures which shall be understood to mean those measure
4、s provided for in ArticleXIX of GATT 1994.Article 2Conditions1. A Member A customs union may apply a safeguard measure as a single unit or on behalf of a member State. When a customs union applies a safeguard measure as a single unit, all the requirements for the determination of serious injury or t
5、hreat thereof under this Agreement shall be based on the conditions existing in the customs union as a whole. When a safeguard measure is applied on behalf of a member State, all the requirements for the determination of serious injury or threat thereof shall be based on the conditions existing in t
6、hat member State and the measure shall be limited to that member State. Nothing in this Agreement prejudges the interpretation of the relationship between ArticleXIX and paragraph8 of ArticleXXIV of GATT 1994. may apply a safeguard measure to a product only if that Member has determined, pursuant to
7、 the provisions set out below, that such product is being imported into its territory in such increased quantities, absolute or relative to domestic production, and under such conditions as to cause or threaten to cause serious injury to the domestic industry that produces like or directly competiti
8、ve products.2.Safeguard measures shall be applied to a product being imported irrespective of its source.Article3Investigation1.A Member may apply a safeguard measure only following an investigation by the competent authorities of that Member pursuant to procedures previously established and made pu
9、blic in consonance with ArticleX of GATT 1994. This investigation shall include reasonable public notice to all interested parties and public hearings or other appropriate means in which importers, exporters and other interested parties could present evidence and their views, including the opportuni
10、ty to respond to the presentations of other parties and to submit their views, interalia, as to whether or not the application of a safeguard measure would be in the public interest. The competent authorities shall publish a report setting forth their findings and reasoned conclusions reached on all
11、 pertinent issues of fact and law.2.Any information which is by nature confidential or which is provided on a confidential basis shall, upon cause being shown, be treated as such by the competent authorities. Such information shall not be disclosed without permission of the party submitting it. Part
12、ies providing confidential information may be requested to furnish nonconfidential summaries thereof or, if such parties indicate that such information cannot be summarized, the reasons why a summary cannot be provided. However, if the competent authorities find that a request for confidentiality is
13、 not warranted and if the party concerned is either unwilling to make the information public or to authorize its disclosure in generalized or summary form, the authorities may disregard such information unless it can be demonstrated to their satisfaction from appropriate sources that the information
14、 is correct.Article 4 Determination of Serious Injury or Threat Thereof1.For the purposes of this Agreement:(a)serious injury shall be understood to mean a significant overall impairment in the position of a domestic industry;(b)threat of serious injury shall be understood to mean serious injury tha
15、t is clearly imminent, in accordance with the provisions of paragraph2. A determination of the existence of a threat of serious injury shall be based on facts and not merely on allegation, conjecture or remote possibility; and(c)in determining injury or threat thereof, a domestic industry shall be u
16、nderstood to mean the producers as a whole of the like or directly competitive products operating within the territory of a Member, or those whose collective output of the like or directly competitive products constitutes a major proportion of the total domestic production of those products.2.(a)In
17、the investigation to determine whether increased imports have caused or are threatening to cause serious injury to a domestic industry under the terms of this Agreement, the competent authorities shall evaluate all relevant factors of an objective and quantifiable nature having a bearing on the situ
18、ation of that industry, in particular, the rate and amount of the increase in imports of the product concerned in absolute and relative terms, the share of the domestic market taken by increased imports, changes in the level of sales, production, productivity, capacity utilization, profits and losse
19、s, and employment.(b)The determination referred to in subparagraph(a) shall not be made unless this investigation demonstrates, on the basis of objective evidence, the existence of the causal link between increased imports of the product concerned and serious injury or threat thereof. When factors o
20、ther than increased imports are causing injury to the domestic industry at the same time, such injury shall not be attributed to increased imports.(c)The competent authorities shall publish promptly, in accordance with the provisions of Article3, a detailed analysis of the case under investigation a
21、s well as a demonstration of the relevance of the factors examined.Article5Application of Safeguard Measures1.A Member shall apply safeguard measures only to the extent necessary to prevent or remedy serious injury and to facilitate adjustment. If a quantitative restriction is used, such a measure s
22、hall not reduce the quantity of imports below the level of a recent period which shall be the average of imports in the last three representative years for which statistics are available, unless clear justification is given that a different level is necessary to prevent or remedy serious injury. Mem
23、bers should choose measures most suitable for the achievement of these objectives.2.(a)In cases in which a quota is allocated among supplying countries, the Member applying the restrictions may seek agreement with respect to the allocation of shares in the quota with all other Members having a subst
24、antial interest in supplying the product concerned. In cases in which this method is not reasonably practicable, the Member concerned shall allot to Members having a substantial interest in supplying the product shares based upon the proportions, supplied by such Members during a previous representa
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