. /.WORLD TRADE
ORGANIZATIONWT/DS58/15
15 July 1999
(99-3033)
Original:  English
UNITED STATES – IMPORT PROHIBITION OF
CERTAIN SHRIMP AND SHRIMP PRODUCTS
Status Report by the United States
The following communication, dated 15 July 1999, from the Permanent Mission of the
United States to the Chairman of the Dispute Settlement Body, is circulated pursuant to Article 21.6of the DSU.
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Status Report Regarding Implementati on of the Recommendations and Rulings
in the Dispute Regarding
United States - Import Prohibition of Certain Shrimp and Shrimp Products
Panel Report (WT/DS58/R) and Appellate Body Report (WT/DS58/AB/R)
On 25 November 1998, the United States informed  the Dispute Settleme nt Body (DSB) of its
intention to implement the recommendations and rulings of the DSB in connection with this matter
and to do so in a manner which is consistent with the U.S. firm commitment to the protection of
endangered species, including sea turtles.  At that time, the United States also advised the DSB that a
"reasonable period of time" would be required to complete this process.  On 21 January 1999, the
United States and the other parties to the dispute reached agreement on 13 months as a reasonable
period for implementation. Therefore, as provided for in Article 21.6 of the Understanding on Rules
and Procedures Governing the Settlement of Disputes , this first report on the status of U.S.
implementation is being presented.
The U.S. implementation of the recommendations and rulings of the DSB in this matter has
several distinct elements and has and will continue to include opportunities for input from the otherparties to the dispute.  One key element of the U.S. implementation has been a revision by the
United States Department of State of its guidelines implementing the Shrimp/Turtle law.  As part of
this revision process, on 25 March 1999 the State Department published proposed changes to these
guidelines for comment from any interested party.   After reviewing the comments received, the State
Department made a number of adjustments to its proposal and issued final revised guidelines on8 July 1999.  The revised guidelines, in accordance with the recommendations and rulings of the
DSB, are intended to:  (1) introduce greater flexibil ity in considering the comparability of foreign
programs and the U.S. program and (2) elaborate a timetable and procedures for certification
decisions, including an expedited timetable to apply in 1999 only.  These latter changes are designed
to increase the transparency and predictability of  the certification process and to afford foreign
governments seeking certification a greater degree of due process.
More specifically, the revisions to the guidelines make clear that the Department of State will
fully consider any evidence that another nation may present that its program to protect sea turtles in
the course of shrimp trawl fishing is comparable to the U.S. Program.  As outlined in the revisedWT/DS58/15
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guidelines, the Department will take into accoun t any demonstrated differences in foreign shrimp
fishing conditions in making this comparability assessment.
With respect to due process issues, the proposed revisions to the guidelines institute a broad
range of procedural changes in the manner in which the Department of State will make certificationdecisions.  The proposed revisions ensure that the governments of harvesting nations will be notified
on a timely basis of all pending and final decisions and are provided a meaningful opportunity to be
heard and to present any additional information relevant to the certification decision.  The
governments of harvesting nations that are not granted a certification will receive a full explanation of
the reasons that the certification was denied.  Steps needed to receive a certification in the future will
be clearly identified.
In addition to the aforementioned changes, the re visions to the guidelines also expand the list
of exemptions for methods of harvesting shrimp that do not pose a threat to sea turtles and are thus
outside the scope of any embargo under the Shrimp/Turtle law.
As another element of the implementation process the United States has redoubled its efforts,
begun in 1996, to negotiate an agreement with the governments of the Indian Ocean region on the
protection of sea turtles in that region.  During  the summer of 1998, the United States approached
several governments in the Indian Ocean region, as well as numerous non-governmental
organizations, in an effort to get such negotiations underway.  In October 1998, the Department of
State formally renewed this proposal to a wide range of nations in the Indian Ocean region, includingthe four complainants.  In each case, the United States presented a list of "elements" that it believes
could form the basis of such an agreement.  The United States also made clear its willingness to
support the negotiating process in a number of ways.  Since that time the United States has been
meeting with countries in the region to discuss and build support for its proposal.
Finally, the United States has renewed its offer of technical training in the design,
construction, installation and operation of TEDs to any government that requests it.  Any government
that wants to receive such training need only make  such a request to the United States in writing,
through diplomatic channels.  The United States will make every effort to meet such requests.
Training programs will be scheduled on a first come, first served basis, although special efforts will
be made to accommodate nations whose governments are making efforts to adopt and maintain
nation-wide TEDs  programs and who have not previously received such training.
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