./.RESTRICTEDWORLD TRADE
ORGANIZATIONG/SG/Q1/ECU/2
18 November 1998
(98-4629)
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 ECUADOR1
The following communication, dated 13 November 1998, has been received from the
Permanent Mission of the United States.
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Q.1. The definition of "safeguard" in title II of Ecuador’s law states that a safeguard measure may
be taken when imports "have increased or will increase".  Article XIX of GATT 1994 and Article 2,
para. 1 of the WTO Agreement on Safeguards refer only to "increased quantities".  Does Ecuador
envision taking a safeguard action when it believes that imports might increase but have not yet
increased?  Please explain how the phrase "will increase" is consistent with the term "increased
quantities" in Article XIX and the WTO Agreement on Safeguards.
Q.2. Article 56 of Ecuador’s law states that the "review for determining serious injury or threat
thereof shall comprise a period covering imports of th e like product in the last twelve (12) months for
which information is available."  It further stat es that the administering authority may extend the
period to include imports entered after the initiation of the investigation.  Does this mean that Ecuador
will only  examine imports and industry trends over a 12-month period to determine whether imports
have increased and whether an industry is seriously injured or threatened with serious injury?   Pleaseexplain how an investigation limited to examination of data for the most recent 12 months could
provide sufficient information to support a finding that increased imports are causing or threatening
serious injury and that a safeguard measure of up to four years duration is justified.
Q.3. Article 3 of the Agreement on Safeguards sets out certain procedures that must be followed
by the competent domestic authorities in conducting investigations, including with respect to public
notice, opportunity for importers, exporters, and other interested parties to present evidence and
views, and publication of a report setting forth findings and reasoned conclusions on pertinent issues
of fact and law.  Article 3 also addresses the issue of confidential treatment of certain information
obtained during the investigation.  Has Ecuador established procedures consistent with its obligationsunder Article 3 for use in safeguard investigations, and, if so, have they been notified to the
Committee on Safeguards?  If Ecuador has not established such procedures, when does Ecuador
intend to and when will they be notified to the Committee?  Will Ecuador consider applying a
safeguard measure in the absence of published and properly notified procedures?
                                                     
1 G/SG/N/1/ECU/2/Suppl.1.G/SG/Q1/ECU/2
Page 2
Q.4. With regard to remedy, who under Ecuador law will make the decision concerning the
remedy measure to be applied?  What procedures will be followed in deciding the remedy question?
What factors will be considered in determining how  much relief to apply and for what duration, and
what limitations will apply with respect to measures allowed under Ecuadorian law?
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