. /.RESTRICTEDWORLD TRADE
ORGANIZATIONG/ADP/Q1/MAR/4/Rev.1
G/SCM/Q1/MAR/4/Rev.1
29 May 2001
(01-2681)
Committee on Anti-Dumping Practices
Committee on Subsidies and Countervailing MeasuresOriginal:  French
NOTIFICATION OF LAWS AND REGULATIONS UNDER
ARTICLES 18.5 AND 32.6 OF THE AGREEMENTS
Replies to Questions Posed by the UNITED STATES1 and the
EUROPEAN COMMUNITIES2 Regarding the Notification of MOROCCO3
Revision
The following communication, dated 26 April 2001, has been received from the Permanent
Mission of Morocco.
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STATEMENT OF MOROCCO REGARDING ANTI-DUMPING LEGISLATION MADE AT
THE MEETING OF THE COMMITTEE ON ANTI-DUMPING PRACTICES HELD ON
26 APRIL 2001
Morocco's anti-dumping legislation is based on the provisions of Article VI of the
GATT 1947 on anti-dumping and countervailing measures.
Article 15 of Foreign Trade Law No. 13-89 and Title V of Decree No. 2-93-415
implementing the Law were drafted in 1989 and entered into force in 1993, well before the adoption
of the Uruguay Round Agreement on Implementa tion of Article VI of the GATT 1994 which
establishes the rules and disciplines for the application of anti-dumping measures.  Consequently, the
provisions of the Law could not include the rules adopted subsequently.
Hence, and following Article VI of the GATT 1947, Article 15 of the Law, entitled "measures
to safeguard domestic industry", lays down the general principle of the possibility of taking
anti-dumping action without defining the context and modalities for doing so.  The notion of
"safeguard measures" within the meaning of Foreign Trade Law No. 13-89 covers anti-dumping andcountervailing measures as well as safeguard measures as such.
Since its entry into force in 1993, the provisions of Foreign Trade Law No. 13-89 relating to
anti-dumping practices have never been applied.  If Morocco has to apply anti-dumping measures, it
will apply the rules and procedures of the Agreement on Implementation of Article VI of the GATT1994.
                                                     
1 G/ADP/Q1/MAR/2 - G/SCM/Q1/MAR/2.
2 G/ADP/Q1/MAR/3 - G/SCM/Q1/MAR/3.
3 G/ADP/N/1/MAR/2/Rev.1;  G/SCM/N/1/MAR/2/Rev.1.G/ADP/Q1/MAR/4/Rev.1
G/SCM/Q1/MAR/4/Rev.1
Page 2
Since Morocco signed the Marrakesh Agreements, the Agreement on Implementation of
Article VI of the GATT 1994 has been an integral part of the Moroccan legal system and its
provisions prevail over the anti-dumping provisi ons in Article 15 of Foreign Trade Law No. 13-89
and Title V of its implementing Decree No. 2-93-415.
The fact that anti-dumping measures have never been imposed does not mean that no request
has ever been made for doing so.  Requests for the adoption of anti-dumping measures have been
submitted concerning some ten products.
However, these requests did not contain sufficient evidence within the meaning of Article 5.2
of the Agreement to justify proceeding with anti-dumping measures.
With a view to integrating the provisions of the Agreement on Interpretation of Article VI of
the GATT 1994 into domestic legislation, Morocco has drafted legislation on trade defence measures,
including in particular anti-dumping measures, which contains the provisions of the Agreement.
This new draft law and its implementing decree will repeal and replace the anti-dumping
provisions laid down in Article 15 of Foreign Trade Law No. 13-89 and Title V of its implementing
decree.
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