RESTRICTEDWORLD TRADE
ORGANIZATIONG/SG/Q1/JOR/7
12 June 2001
(01-2879)
Committee on Safeguards Original:  English
NOTIFICATION OF LAWS AND REGULATIONS UNDER
ARTICLE 12.6 OF THE AGREEMENT
Replies to Questions Posed by the UNITED STATES1
Regarding the Notification of JORDAN2
The following communication, dated 7 June 2001, has been received from the Permanent
Mission of Jordan.
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Q1. Threat of serious injury.   Possibly due to a translation error, Article 3 of the Jordanian
law, which appears to be the article that lays out the basic eligibility test for applying a
safeguard measure, appears to envision that a safeguard measure may be applied only upon a
finding of present serious injury; it makes no re ference to a finding of threat of serious injury.
However, other articles in the Jordanian law, in cluding Articles 5 and 6A (but not 6B), suggest
that Jordan might apply a measure when it finds a threat of serious injury to exist.  Please
clarify whether Jordan law would allow the application of a safeguard measure in a threat
situation, and where in the Jorda nian law such authority exists.
Reply
The other Articles correctly signalled that Jordan might apply a measure when it finds a threat
of serious injury to exist.  This would be permitted under Jordanian law because Article 38 of the
regulation provides that the provisions of this Regulation shall be construed according to the
Safeguards Agreement which is the overall authority for implementation means of the Regulation andwhich permits such action.
Q2. Reasonable public notice.   Article 12C of the Jordanian law would implement the
requirement of SA Article 3.1 to provide “reasonable public notice to all interested parties” of
the initiation of an investigation by requiring that the notice be published “in two daily localnewspapers”.   Are there two widely available local newspapers in which the Jordanian
government typically publishes official government notices, and would publication be in these
papers?  Does Jordan maintain an official jo urnal in which government notices are typically
published?
                                                     
1 G/SG/Q1/JOR/4
2 G/SG/N/1/JOR/1G/SG/Q1/JOR/7
Page 2
Reply
Yes, there are two widely available local newspapers, i.e. Alrai and Aldustour in which the
Jordanian Government typically publishes official government notices and publications which would
be in these papers.
Yes, Jordan does maintain an Official Journal and these notices would appear there but there
is a lag in its publication, therefore, the major local daily newspapers are the widest channel in which
all foreign entities are best notified on any governmental decisions.
Q3. Meetings between parties.   What is the nature of the forum for a meeting between the
parties as envisioned in Article 13C?  Is this the same as a hearing?
Reply
Yes, the meeting between the parties would take place at oral hearings.
Q4. “Subjective” evidence.   Another possible translation problem B  Article 19 of the
Jordanian law provides that the remedy recommendation is to be “reasoned and based on
subjective evidence.”  Presumably, the reference sh ould be to “objective” evidence, which is the
opposite of subjective; the dictionary would generally define the term “subjective” in this
context to mean “illusory” or “lacking in substance.”  The terms “objective” and “objectiveevidence” are used in Article 4.2 of the Safeguards Agreement.
Reply
The presumption is correct, the translation should have been "objective" and this has been
amended in corrigendum circulated in  WTO document G/SG/N/1/JOR/1/Corr.1.
Q5. Provisional relief.
(a) Article 20 of the Jordanian law appears to set a lower standard for applying a
provisional safeguard measure than permitted by SA Article 6.  It does not require that
there be “clear evidence” that increased impo rts have caused or are threatening to cause
“serious injury”; but rather omits the “clear evidence” requirement altogether, and
refers to “damages” rather than to “serious injury.”  Please explain how Article 20 of
the Jordanian law conforms with SA Article 6.
Reply
Article 38 of the Agreement provides that the Regulation shall be construed according to the
Safeguards Agreement.  In light of this fact, it was not the intent to set a lower standard for applying a
provisional safeguard measure than is permitted by the Safeguards Agreement, but such application of
provisional measures is construed upon Article 6 of the Agreement, i.e. to be based on clear evidencethat increased imports have caused or are threatening to cause serious injury.  As for the word
"damage", it has been placed incorrectly in the English translation version of the Regulation as the
original word is "serious injury".
(b) If provisional relief is in the form of an increase in duty, will any duties collected be
refunded if the Jordanian competent authorities do not make an affirmative determination in
the full investigation?G/SG/Q1/JOR/7
Page 3
Reply
Yes, the Jordanian competent authorities shall refund any duties collected in applying a
provisional safeguards measure, should the authorities determine not to adopt a safeguards measure
after the investigation is concluded (Article 24 of the Regulation).
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