./.RESTRICTEDWORLD TRADE
ORGANIZATIONG/SG/Q1/PAN/1
18 November 1998
(98-4628)
Committee on Safeguards Original:  English
NOTIFICATION OF LAWS AND REGULATIONS UNDER
ARTICLE 12.6 OF THE AGREEMENT
Questions Posed by the UNITED STATES
Regarding the Notification of PANAMA1
The following communication, dated 13 November 1998, has been received from the
Permanent Mission of the United States.
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Q.1. Article 92 of the Panamanian safeguards law defines "threat of serious injury or prejudice" to
mean that "a major impairment in the position of the domestic industry or production is clearlyimminent."  The Panamanian law then utilizes additional terms that are not defined, such as "serious
prejudice or injury" and "material prejudice or in jury".  Do these additional terms have the same
meaning as "threat of serious injury or prejudice?  If not, how are these additional terms defined?
Further, Article 4, para. 1 of the Agreement on Safeguards specifically defines "threat of serious
injury" in relation to Article 2 of the Agreement.  Does Panama’s definition of "threat of seriousinjury or prejudice" also incorporate the requirements of Article 2?  If so, Panama’s definition should
be clarified.
Q.2. The Panamanian safeguards law utilizes the terms "identical, like or directly competitive" as
well as "identical, similar or directly competitive", however, Article 92 defines solely "directly
competitive".  How does Panama define the terms "identical" "like" and "similar"?
Q.3. Article 127 of the Panamanian safeguards law states that the application to initiate
investigation will be provided to interested parties "within forty (40) working days starting seven (7)
calendar days after its date of dispatch."  What is the meaning of "dispatch" as used in this sentence?
Why is the period of time within which interested parties can expect to obtain a copy of the
application so extended?  Once interested parties receive the application, how long do they have toevaluate the information and to respond?  Is there sufficient time for importers, exporters, and others
with an interest in the proceeding to be made aware of the proceeding, to retain legal or other counsel
to represent them, and to prepare a response that addresses the principal issues?
Q.4. What is the process under Article 132 of Panama’s law for determining when the
investigating authority will consider whether to recommend a provisional measure?  For example,
must a request for a provisional measure have been included in the application for a safeguard
measure?
Q.5. Is the public hearing referenced in Article 136 of Panama’s law optional or required?
Article 136 further states that "interested parties will be given three working days to submit arguments
                                                     
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in defence of their interests."  Does this time period commence before or after the public hearing has
been held?  Is this sufficient time to adequately prepare the necessary responses?
Q.6. Article 7, para. 1 of the Agreement on Safe guards provides that a Member shall apply
safeguard measures only for such period of time as may be necessary to prevent or remedy seriousinjury "and to facilitate adjustment".  How does Pa nama plan to consider the "facilitate adjustment"
requirement in determining whether to apply a measure?
Q.7. Article 3, para. 2 of the Agreement on Safeguards addresses the issue of confidential
treatment of certain information obtained during the investigation.  Has Panama established
procedures consistent with its obligations under Article 3, para. 2 for use in safeguard investigations?
If so, have these procedures been notified to the Committee on Safeguards?  If Panama has notestablished such procedures, when does it intend to do so?
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