G/SG/N/1/MNG/2  
 
30 March 2021  
(21-2566) Page: 1/13 
Committee on Safeguards  Original: English  
 
 
NOTIFICATION OF LAWS  AND REGULATIONS  UNDER  
ARTICLE 12.6 OF THE AGREEMENT  
MONGOLIA  
The following communication, dated and received on 29 March 2021, is being circulated at the 
request of the delegation of Mongolia.  
 
_______________  
 
 
In accordance with the obligations under Article 12.6 of the Agreement on Safeguards to notify laws, 
regulations and administrative procedures to the Committee on Safeguards, Mongolia hereby notifies 
the Committee of its recently adopted safeguards regulation. An unofficial translation of the 
regulation is attached.  
  G/SG/N/1/MNG/2  
 
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  (Unofficial translation)  
Resolution of the Government of Mongolia  
27th January 2020  N24 Ulaanbaatar  
Approval of a regulation  
Based on the Article 16.5 of the Law on Government of Mongolia and Article 4.3 of the 
Resolution No. 35 of the Great State Hural of Mongolia of 2020, the Government of Mongolia 
RESOLVES : 
1. Approve the "Regulation for implementation of the Agreement on Safeguards" of the 
World Trade Organization  as attached . 
2. Oblige the Cabinet members to implement the Regulation within the scope of their 
assignments . 
3. Charge the Acting Minister of Foreign Affairs (N.Enkhtaivan) to organize and monitor the 
implementation of the Resolution.  
Acting Prime Minist er of Mongolia  U.Khurelsukh  
Acting Minister of Foreign Affairs  N.Enkhtaivan   G/SG/N/1/MNG/2  
 
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  Annex to the Government  
Resolution 24 of 2021  
REGULATION FOR IMPLEMENTATION OF THE AGREEMENT ON   
SAFEGUARDS OF THE WORLD TRADE ORGANIZATION  
ONE. GENERAL PROVISIONS  
1.1. Issues pertaining to the application of safeguard measures and the investigation within the 
framework of the Agreement on Safeguards (hereinafter referred to as the Agreement) of the 
World  Trade  Organization (hereinafter referred to as WTO) in determining whether a product is being 
imported in increased quantities, absolute or relative to domestic production and whether it causes 
or threatens to cause serious injury to the domestic industry that produces like or directly 
competitive products shall be govern ed by this Regulation.  
1.2. If an international treaty to which Mongolia is a party provides otherwise, the provisions of the 
international treaty shall apply, mutatis mutandis, to the operation of this Regulation.  
1.3. "Investigation" means that what is p rescribed in Article 3 of the Agreement, "domestic industry" 
means that what is prescribed in Article 4 (1) (c) of the Agreement, "serious injury" means that 
what is prescribed in Article 4 (1) (a) of the Agreement) and "threat of serious injury" means tha t 
what is prescribed in Article 4 (1) (b) of the Agreement.  
TWO. PETITION FOR INITIATION OF INVESTIGATION  
2.1. An individual or legal entity shall submit a petition to the State Central Administrative Body in 
charge of the respective sector to determine wh ether the increased imports have caused serious 
injury or are threatening to cause serious injury to the domestic industry.  
2.2. The petition may be submitted by a person or legal entity specified in Article 2.1 of this 
Regulation individually or jointly a nd the information and survey as follows shall be attached thereto:  
2.2.1 . name and address of the petitioner:  
2.2.2. a detailed description of the product under investigation that defines the requested 
scope of the investigation, including its physical, t echnical and chemical characteristics, the 
technology and manufacturing process involved, relevant industry specifications, pricing structures, 
distribution channels, functions and uses and its Harmonized System code for customs tariff 
classification;  
2.2.3. a detailed description of the like products or directly competitive products, including 
its physical, technical and chemical characteristics, the technology and manufacturing process 
involved, relevant industry specifications, pricing structures, distri bution channels, its functions and 
uses;  
2.2.4. the information on the trend of import volume of the product under investigation;  
2.2.5. the volume and value of the product under investigation imported into Mongolia during 
the most recent three -year period  and during any other recent period that the petitioner believes to 
be more representative if the product under investigation is not imported into Mongolia during the 
most recent three year period, the information as to the likelihood of the sale for impor tation into 
Mongolia of the product under investigation;  
2.2.6. name and address of the importer of the products under investigation or of the 
importers whom the petitioner deems to be most likely to import;  G/SG/N/1/MNG/2  
 
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  2.2.7. any factual information and documentary e vidence relevant to the increased imports 
and serious injury or threat of serious injury to the domestic industry; factual information on all 
relevant factors of an objective and quantifiable nature having a bearing on the situation of that 
domestic indust ry, in particular, the rate and amount of the increase in imports of the product under 
investigation in absolute and relative terms, share of the domestic market taken by increased 
imports, changes in the level of sales, production, profits and losses, pro ductivity, capacity utilisation 
and employment;  
2.2.8. the adjustment plan for the duration of the proposed imposition of definitive safeguard 
measure and the proposed relief measures allowing a domestic industry to recover its 
competitiveness;  
2.2.9. any other factual information which the petitioner relies upon.  
2.3. If the petitioner fails to provide the information prescribed in Article 2.2 to this Regulation, the 
petition shall be dismissed.  
2.4. A petitioner shall submit with the petition a non -confid ential summary of such petition which 
can be released to the public.  
2.5. The State Central Administrative Body receiving the information shall be responsible for non -
disclosure of the confidential information provided by a petitioner as part of the invest igation 
process, in part or in whole, as requested by a petitioner in accordance with the Law on the 
confidentiality of organizations.  
2.6. If a petitioner withdraws his petition prior to initiation of the investigation, the petition shall be 
deemed not to  have been made.  
2.7. The State Central Administrative Body receiving the petition shall examine whether there is 
sufficient evidence to prove that the increased imports have caused serious injury or are threatening 
to cause serious injury to the domestic industry within 15 days following the date of receipt of the 
petition. If necessary, the aforementioned period can be extended by an additional 15 days.  
2.8. If the State Central Administrative Body receiving the petition decides there is sufficient 
eviden ce to determine that the increased imports have caused serious injury or are threatening to 
cause serious injury to the domestic industry, it shall submit a proposal to the State Central 
Administrative Body in charge of foreign trade upon the petition subm itted by individuals and legal 
entities and the information and survey as follows shall be attached thereto:  
2.8.1. a complete description of the product to be investigated;  
2.8.2. a complete description of the like products or directly competitive product;  
2.8.3. a summary of the increase in imports of the product under investigation;  
2.8.4. a summary of the factor on which the allegations of serious injury or threat of serious 
injury is based;  
2.8.5. the address where information reques ted for and comments may be submitted;  
2.8.6. the date of initiation of the investigation;  
2.8.7. the time limit for interested parties to make their views known.  
2.9. The State Central Administrative Body in charge of the respective sector may propose to the 
State Central Administrative Body in charge of foreign trade to initiate the investigation process on 
its initiative. The information and survey stated in Articles 2.2 and 2.8 of the Regulation shall be 
attached thereto.  G/SG/N/1/MNG/2  
 
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  THREE. INVESTIGATION  
3.1. The S tate Central Administrative Body in charge of foreign trade shall decide on whether to 
initiate an investigation based on the proposal prescribed in Articles 2.8 and 2.9 of this Regulation, 
as well as evidence and comments submitted with the petition and s ubmit it to the State Central 
Administrative Body in charge of the respective sector within 15 days from the date of receipt of the 
proposal. If necessary, the aforementioned period can be extended by an additional 15 days.  
3.2. Additional information deem ed necessary in the decision -making process by the State Central 
Administrative Body in charge of foreign trade may be requested from the State Central 
Administrative Body in charge of the respective sector.  
3.3. In the event of a decision to initiate an i nvestigation, the State Central Administrative Body in 
charge of foreign trade shall notify to the public and the WTO Safeguards Committee (hereinafter 
referred to as the Committee).  
3.4. The State Central Administrative Body in charge of the respective se ctor shall initiate the 
investigation procedure within 10 days after receiving the decision prescribed in Article 3.3 of this 
Regulation.  
3.5. Within 60 days from the date of initiation of the investigation it shall determine whether the 
product under inve stigation is being imported in increased quantities, absolute or relative to the 
domestic production and under such circumstances it is causing serious injury or threatening to 
cause serious injury to the domestic industry that produces like or directly co mpetitive products. If 
necessary, the State Central Administrative Body in charge of the respective sector may extend the 
aforementioned period up to an additional 30 days.  
3.6. A petitioner may, within 30 days of the initiation of the investigation, make changes or 
modifications to the petition. The State Central Administrative Body in charge of the respective 
sector may refuse any change or amendment if it considers that the change or amendment would 
hinder or disrupt the investigation.  
3.7. The State Cen tral Administrative Body in charge of the respective sector shall provide adequate 
opportunity for exporters, importers and other interested parties to express their views and submit 
evidence, and their comments and suggestions can be obtained through inqu iries, public hearings 
(in this case minutes of meetings shall be kept) and other appropriate forms.  
3.8. In determining whether the products placed under investigation have caused or are threatening 
to cause serious injury to a domestic industry the follo wing factors shall be taken into account:  
3.8.1. the rate and amount of the increased imports of the product under investigation in 
absolute terms and relative to domestic production of like or directly competitive products;  
3.8.2. share of the domestic ma rket of the product under investigation taken by increased 
imports of such product;  
3.8.3. the changes in the level of sales, production, profits and losses, productivity, capacity 
utilization and employment;  
3.8.4. the factors other than increased imports of the product under investigation which at 
the same time are causing or threatening to cause serious injury to the domestic industry;  
3.8.5. any other factors deemed necessary.  
3.9. A determination of a threat of serious injury caused by  increased imports of the products placed 
under investigation shall be based on facts and not merely on allegation, conjecture, or remote 
possibility, taking into account the following factors:  
3.9.1. actual and potential export capacity of the country of origin or country of production;  G/SG/N/1/MNG/2  
 
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  3.9.2. any build up of domestic inventory and the inventory of the exporting country;  
3.9.3. the probability that exports of the product under investigation will enter the domestic 
market in increasing quantities;  
3.9.4. an y other factors deemed necessary.  
3.10. If it is deemed appropriate to verify the accuracy of the information provided during the 
investigation, the State Central Administrative Body in charge of the respective sector shall take the 
following measures:  
3.10.1. inform the relevant party concerned of its intention to carry out a verification visit 
and obtain consent;  
3.10.2. advise the relevant party concerned of the nature of the information to be verified 
during the verification visit and any further inform ation that may be needed during the verification;  
3.10.3. request the relevant party concerned to provide access to all files, records and notes 
deemed necessary;  
3.10.4. If it is impractical to verify relevant factual information for each party due to a l arge 
number of petitioners, or any other reason, it may select and verify samples covering a major 
proportion of production of the like product or directly competitive product or importation of the 
product under investigation;  
3.10.5. Where the State Centr al Administrative Body in charge of the respective sector 
decides not to conduct a verification visit, it may request for the interested parties to submit copies 
of the original documents upon which the information was based or statements from independent 
auditors as to the accuracy and completeness of the submitted factual information or may use any 
other methods it deems reasonable.  
3.11. A causal link as to whether serious injury has been caused or whether the threat of serious 
injury to the domestic ind ustry is imminent will be based on factual evidence regarding increased 
imports of the products subject to the investigation.  
FOUR. PRELIMINARY DETERMINATION  
4.1. Where it is established that factors other than an increase in imports of the product under 
investigation are causing or threatening to cause serious injury to the domestic industry, such injury 
will not be attributed to the causal link related to the increase in imports and a preliminary 
determination will be made in this case.  
4.2. The following  information shall be contained in the determination specified in Article 4.1 of this 
Regulation:  
4.2.1. a complete description of the product under investigation, including its tariff 
classification;  
4.2.2. a complete description of the like products or d irectly competitive product;  
4.2.3. the reason for the negative preliminary determination of circumstances specified 
in 3.8 and 3.9 of this Regulation; and  
4.2.4. a statement indicating whether the investigation will be terminated or continued 
through the final phase.  
4.3. If an evidence proving the existence of causal link prescribed in Article 4.1 of this Regulation is 
found, the State Central Administrative Body in charge of the respective sector shall make a 
preliminary determination and continue the in vestigation.  G/SG/N/1/MNG/2  
 
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  4.4. In the determination specified in Article 4.3 of this Regulation the following information shall be 
contained:  
4.4.1.  a complete description of the products under investigation including its tariff 
classification;  
4.4.2. a complete description of the like or directly competitive product;  
4.4.3. the reason provisional safeguard measure is necessary;  
4.4.4. the amount of provisional safeguard duty;  
4.4.5 . the duration of the provisional safeguard measure.  
4.5. The State Centra l Administrative Body in charge of the respective sector shall submit a notice 
proving that the causal link has been confirmed or not confirmed by the preliminary determination 
to the State Central Administrative Body in charge of foreign trade within 7 da ys following the period 
specified in Article 3.5 of the regulations expires.  
4.6. The State Central Administrative Body in charge of foreign trade shall make the preliminary 
determination available to the public.  
FIVE. PROVISIONAL SAFEGUARD MEASURE AND FIN AL DETERMINATION  
5.1. When the circumstances specified in Articles 3.8 and 3.9 of this Regulation have been confirmed 
by a preliminary determination, any delay in applying a safeguard measure would cause damage to 
the domestic industry which is difficult t o repair, provisional safeguard measures may be applied.  
5.2. Provisional safeguard measures shall take the form of tariff increases which are to be applied 
for a period not exceeding that specified in Article 6 of the Agreement.  
5.3. In case of applicatio n of provisional safeguard measures prescribed in Article 5.2 of this 
Regulation, the State Central Administrative Body in charge of the respective sector shall submit its 
proposal to the State Central Administrative Body in charge of foreign trade.  
5.4. I f the State Central Administrative Body in charge of foreign trade decides to apply a provisional 
safeguard measure it shall submit the proposal specified in Article 5.3 of this Regulation to the 
Cabinet meeting for resolving upon consultation with the Cus toms Tariff Council specified in Article  6 
of the Law on Customs Tariff and Duty. The decision shall indicate the date on which the provisional 
safeguard measure will be applied.  
5.5. Once a decision has been taken to apply a provisional safeguard measure and before the 
measure takes effect, the State Central Administrative Body in charge of foreign trade shall notify 
the Committee.  
5.6. If necessary, the State Central Administrative Body in charge of foreign trade shall provide an 
opportunity for WTO membe r-countries, exporters, importers and other interested parties to consult 
as prescribed in provision 4 of the Article 12 of the Agreement prior to the application of provisional 
safeguard measures.  
5.7. The decision on the application or non -application of  provisional safeguard measures shall be 
made available to the public by the State Central Administrative Body in charge of the foreign trade 
together with the relevant determination and evidence.  
5.8. From the date of the announcement to the public and th e entry into force of the provisional 
measures the Customs authority shall be responsible for application of the decision, and safeguard 
duty shall be deposited in a temporary account specified in Article 36.2 of the Law on Customs Tariff 
and Duty.  G/SG/N/1/MNG/2  
 
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  5.9. Wi thin 100 days since the application of provisional safeguard measures the State Central 
Administrative Body in charge of the respective sector shall make a final determination whether 
circumstances prescribed in Articles 3.8 or 3.9 of this Regulation have been confirmed during the 
investigation.  
5.10. The total duration for taking the preliminary and final determination shall not exceed 200 days 
from the date of receipt of the decision specified in 3.1 of this Regulation.  
5.11. In case if the circumstances specified in 3.8 or 3.9 have not been confirmed in the final 
determination of the investigation the State Central Administrative Body in charge of the respective 
sector shall make a final decision on termination of the investigation or dissolving the provi sional 
safeguard measures and refund of safeguard duty deposited in the account specified in Article 5.8 
of this Regulation along with reasons of the negative determination.  
5.12. The determination of an investigation referred in Article 5.11 of this Regul ation shall contain 
the following information:  
5.12.1. a complete description of the products under investigation including its tariff 
classification;  
5.12.2. a complete description of the like product or directly competitive product;  
5.12.3. the reason fo r the negative final determination of circumstances specified in 
Articles  3.8 and 3.9 of this Regulation.  
5.13. If an affirmative determination of circumstances specified in 3.8 and 3.9 of this Regulation has 
been made as a result of the investigation the State Central Administrative Body in charge of the 
respective sector shall conclude a final determination and make it available to the public.  
5.14. The determination specified in 5.13 of this Regulation shall contain the following information:  
5.14.1. a complete description of the products under investigation including its tariff 
classification;  
5.14.2. a complete description of the like product or directly competitive product;  
5.14.3. the factor that has led to the serious injury determination or threat of serious injury 
determination;  
5.14.4. an explanation regarding how the increase in imports have caused or threaten to 
cause serious injury;  
5.14.5. the amount of safeguard duty or if a quantitative restriction is proposed, the 
allocation of th e quota among the supplier countries, and an explanation and the relevant 
information in relation to the basis on which such allocation has been made;  
5.14.6. the duration of the application of safeguard measure;  
5.14.7. explanation and justification of wh ether the measures have met public interests;  
5.14.8. a timetable for the progressive liberalisation of the safeguard measure in case the 
duration of safeguard measures exceeds one year;  
5.14.9. the list of the developing countries exempted from the safegu ard measure.  
5.15. The State Central Administrative Body in charge of foreign trade shall immediately notify the 
Committee if the final determination has confirmed the circumstances prescribed in Article 5.13 of 
this Regulation. Any notification thereof sh all comply with the requirements of the Committee.  G/SG/N/1/MNG/2  
 
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  SIX. APPLICATION OF DEFINITIVE SAFEGUARD MEASURE  
6.1. If the circumstances prescribed in Article 5.13 of this Regulation have been confirmed by the 
final determination, the State Central Administrative Body in charge of the respective sector shall 
consult with the State Central Administrative Body in charge of foreign trade and submit the proposal 
to the Cabinet meeting to resolve.  
6.2. The State Central Administrative Body Responsible for  foreign trade shall consider the following 
factors when consulting in accordance with provision 6.1 of this Regulation:  
6.2.1. whether increased imports have caused serious injury or a threat of serious injury ; 
6.2.2. whether the increased imports were du e to unforeseen developments ; 
6.2.3. whether the safeguard measure is necessary to prevent or remedy serious injury and 
to facilitate adjustment by the domestic industry to the increased competition;  
6.2.4. whether the selection of goods, the form, extent and duration of the measure to be 
implemented are appropriate;  
6.2.5. whether it is in line with the public interest and trade policy.  
6.3. Safeguard measures may take the form of a safeguard duty or an import quota, or a 
combination thereof.  
6.4. In the c ase of imposition of a quota on import, the provisions of Article 5 of the Agreement shall 
apply.  
6.5. Safeguard measures shall be applied for the period and to the extent permitted to prevent or 
compensate for serious injury caused to the domestic industr y, as well as to create circumstances 
for adjustment.  
6.6. Upon the Government's decision to apply safeguard measures as stated in 6.1. of this 
Regulation, the State Central Administrative Body in charge of foreign trade shall immediately notify 
the public . The statement shall contain the following information:  
6.6.1. the evidence of serious injury or threat thereof caused to a domestic industry by 
increased imports;  
6.6.2. the precise description of the product under investigation;  
6.6.3. the form, level and duration of the proposed safeguard measure;  
6.6.4. the proposed date of application of the safeguard measure; and  
6.6.5. the expected duration of safeguard measures and timetable for progressive 
liberalization.  
6.7. After the decision to apply sa feguard measures is made, but before the decision enters into 
force, the State Central Administrative Body in charge of foreign trade shall immediately notify the 
Committee.  
6.8. Prior to the application of the safeguards, the State Central Administrative Body in charge of 
foreign trade shall provide adequate opportunity for consultation with those members of the WTO 
which have a significant interest in exporting the products as follows:  
6.8.1. reviewing the information notified to the Committee regarding t he finding of serious 
injury or threat thereof caused by increased imports and the proposed measure, and exchange of 
views about the measure;  G/SG/N/1/MNG/2  
 
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  6.8.2. considering to reach a mutual understanding on ways to achieve the objective to 
maintain a substantially eq uivalent level of concessions and other obligations to that existing under 
GATT 1994 between Mongolia and the exporting Members which would be affected by such a 
measure.  
6.8.3. endeavour to provide any adequate means of trade compensation for any adverse 
trade effects of the measure on their trade.  
6.9. The State Central Administrative Body in charge of foreign trade shall notify the Council for 
Trade in Goods of the WTO immediately, of the results of the consultation.  
6.10. If preliminary consensus is rea ched on the issue of providing any appropriate trade 
compensation to the exporting Member States to the adverse effects on their trade, the State Central 
Administrative Body in charge of foreign trade shall submit it to the Cabinet for resolution.  
6.11. Th e decision to apply a safeguard measure, except for provision 1 of Article 9 of the Agreement 
for developing member states, shall be applied to all imports of the product under investigation, 
irrespective of source, from the date on which the measure enter s into force.  
6.12. From the date of entry into force of the safeguard measures, the Customs Authority shall 
transfer the safeguard duties deposited in the temporary account specified in Article 5.8 of this 
Regulation to the state revenue account.  
6.13. An y investigation conducted under this Regulation shall not hinder procedures for customs 
clearance.  
6.14. Any request or inquiry related to the decision on safeguard measures shall be submitted to 
the State Central Administrative Body in charge of the respe ctive sector.  
SEVEN . DURATION OF SAFEGUARD MEASURES AND ITS REVIEW  
7.1. Safeguard measures shall be applied for a period not exceeding four years, except as provided 
in 10.4 of this Regulation.  
7.2. The total duration of a safeguard measure, including the period of application of any provisional 
safeguard measure and any extension, shall not exceed ten years, in accordance with the provision  2 
of the Article 9 of the Agreement.  
7.3. If the period of application of the safeguard measure exceeds one year, the  measure shall be 
progressively liberalized at a regular interval during the period of application of the measure.  
7.4. If the duration of a definitive safeguard measure exceeds three years, the State Central 
Administrative Bodies in charge of the respecti ve sector and foreign trade shall review the situation 
not later than the mid -term of the application of the measure and present its proposal to the Cabinet 
to end the measure or increase the pace of liberalization.  
EIGHT. PETITION FOR EXTENSION OF A SAFEG UARD MEASURE  
8.1. A request for an extension of a definitive safeguard measure shall be submitted to the State 
Central Administrative Body in charge of the respective sector eight months prior to the expiry of 
the measure.  
8.2. The request specified in 8.1 . of this Regulation shall contain the information:  
8.2.1 . name and address of the petitioner:  
8.2.2. a detailed description of the product under investigation that defines the requested 
scope of the investigation, including its physical, technical and chemical characteristics, the G/SG/N/1/MNG/2  
 
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  technology and manufacturing process involved, relevant industry spe cifications, pricing structures, 
distribution channels, functions and uses and its Harmonized System code for customs tariff 
classification;  
8.2.3. a detailed description of the like products or directly competitive products, including 
its physical, techni cal and chemical characteristics, the technology and manufacturing process 
involved, relevant industry specifications, pricing structures, distribution channels, its functions and 
uses;  
8.2.4. the information on the trend of import volume of the product un der investigation;  
8.2.5. the volume and value of the product under investigation imported during the 
imposition of the safeguard measure;  
8.2.6. the information as to the likelihood of the sale for importation of the product under 
investigation, if the pr oduct under investigation is not imported into Mongolia;  
8.2.7. any factual information and documentary evidence relevant to the increased imports 
and serious injury or threat of serious injury to the domestic industry;  
8.2.8. the evidence of adjustment ma de by the industry;  
8.2.9. the adjustment plan and relief measures for the proposed duration of the extension 
of definitive safeguard measure to allow a domestic industry to recover its competitiveness;  
8.2.10. any other factual information which the petit ioner relies upon;  
8.2.11. any other information required for decision making.  
8.3. In relation to the information specified in 8.2.3 and 8.2.7 a petitioner shall include factual 
information on all relevant factors of an objective and quantifiable nature h aving a bearing on the 
situation of that domestic industry, in particular, the rate and amount of the increase in imports of 
the product under investigation in absolute and relative terms, share of the domestic market taken 
by increased imports, changes in  the level of sales, production, profits and losses, productivity, 
capacity utilization and employment;  
8.4. If the petitioner fails to submit the information specified in 8.2 and 8.3, the State Central 
Administrative Body in charge of the respective secto r may disregard the request for extension.  
NINE. REVIEW FOR EXTENSION OF SAFEGUARD MEASURES  
9.1. The Article 3 of this Regulation shall be pursued in decision making on submission and resolving 
of a petition for the extension of safeguard measures.  
9.2. Th e State Central Administrative Body receiving the petition shall review to find out whether 
there is an urgent need to extend safeguard measures on the basis of the petition within 15 days 
from the date of receipt of the petition in order to prevent or rem edy serious injury.  
9.3. If the State Central Administrative Body receiving the petition decides that it is necessary to 
extend the safeguard measure, it will submit a proposal to the State Central Administrative Body in 
charge of foreign trade.  
9.4. The S tate Central Administrative Body in charge of the respective sector may propose to extend 
safeguard measures by its initiative. The proposal shall contain the information specified in 
Article  8.2 of this Regulation.  
9.5. The State Central Administrative Bo dy in charge of foreign trade shall review a proposal as well 
as supporting evidence and explanations specified in Articles 9.3 and 9.4 of this Regulation within G/SG/N/1/MNG/2  
 
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  fifteen days from the date of receipt of the petition, make a decision to initiate an investig ation and 
submits its decision to the State Central Administrative Body in charge of the respective sector.  
9.6. Additional information deemed necessary in the decision -making process may be requested by 
the State Central Administrative Body in charge of f oreign trade from the State Central 
Administrative Body in charge of the respective sector.  
9.7. The State Central Administrative Body in charge of the respective sector shall initiate the 
investigation process within 10 days of receiving the decision spec ified in Article 9.5 of this 
Regulation.  
9.8. Within 60 days from the date of initiation of the investigation it shall make a preliminary 
determination whether there is a need to extend the duration of safeguard measures to prevent or 
remedy serious injury  caused to the domestic industry and whether there is clear evidence that the 
domestic industry is adjusting for competition.  
9.9. Upon the review of an extension of a safeguard measure specified in Article 9.8 of this Regulation 
the following factors shal l be considered:  
9.9.1. whether the safeguard measure continues to be necessary to prevent or remedy 
serious injury;  
9.9.2. whether there is a clear evidence that the domestic industry is adjusting for 
competition and adjustment process is getting effective;  
9.9.3 . whether a selection of goods, form, amount and duration of the measure are 
appropriate;  
9.9.4 . whether it is useful in the process of adjustment of the domestic industry for 
competition;  
9.9.5 . whether it is possible to take measures othe r than safeguard measures;  
9.9.6 . the impact of the extension of the measure on the domestic market, including 
consumers.  
TEN. DECISION MAKING FOR EXTENSION OF SAFEGUARD MEASURES  
10.1. The State Central Administrative Body in charge of the respective secto r shall reflect in a 
preliminary determination whether the circumstances specified in Article 9.9 of this Regulation are 
confirmed and submit a proposal to the State Central Administrative Body in charge of foreign trade 
within 7 days after the preliminary  determination is made.  
10.2. If the preliminary determination has proved that it is necessary to extend the application of 
safeguard measures State Central Administrative Body in charge of the respective sector shall 
continue the investigation and make a final determination within 60 days and submit it along with 
corresponding conclusion and evidence to the State Central Administrative Body in charge of foreign 
trade. The total duration of making a preliminary and final determination shall not exceed 120 d ays. 
10.3. A summary of the conclusion on the extension, release or revocation of the safeguard measure 
shall be published and a related statement shall be submitted to the Committee by the State Central 
Administrative Body in charge of foreign trade.  
10.4. When the extension of safeguard measures is found to be necessary by a final determination, 
the State Central Administrative Body in charge of the respective sector shall consult its proposal on 
extension of safeguard measures with the State Central Admi nistrative Body in charge of foreign 
trade and submit the issue to the Cabinet meeting for resolving.  G/SG/N/1/MNG/2  
 
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  10.5. The State Central Administrative Body in charge of foreign trade shall consider the following 
factors in consultation specified in Article 10.4 of t his Regulation:  
10.5.1. whether the safeguard measure continues to be necessary to prevent or remedy 
serious injury;  
10.5.2. whether there is a clear evidence that the domestic industry is adjusting for 
competition;  
10.5.3 . whether selection of goods, form , amount and duration of the measure are 
appropriate;  
10.5.4 . whether it is in line with public interest and trade policy;  
10.6. An extended definitive safeguard measure shall not be more restrictive than at the end of the 
initial period of application. Du ring the extension period, the measure shall continue to be 
progressively liberalized in accordance with the schedule published in a notice to extend a definitive 
safeguard measure.  
10.7. In extending a safeguard measure exceeding three years, the State Ce ntral Administrative 
Body in charge of foreign trade shall endeavour to maintain a substantially equivalent level of 
concessions and other obligations of the exporting Members, which would be affected by such 
measure.  
10.8. Once a decision has been taken t o extend the safeguard measure, the State Central 
Administrative Body in charge of foreign trade shall immediately notify the Committee prior to the 
application of the safeguard measure.  
10.9. Prior to the application of the extension of the safeguard meas ures, the State Central 
Administrative Body in charge of foreign trade shall consult as specified in Article 6.8 of this 
Regulation and take measures as specified in Articles 6.9 and 6.10 of this Regulation.  
ELEVEN. RE -APPLICATION OF SAFEGUARD MEASURES  
11.1. A safeguard measure with a duration of 180 days or less may be applied again to the import 
of a product if:  
11.1.1. at least one year has elapsed since the date of introduction of a safeguard measure 
on the import of that product; and  
11.1.2. such a safeguard measure has not been applied on the same product more than 
twice in the 5 -year period immediately preceding the date of introduction of the measure.  
11.2. Except that what is specified in Article 11.1 of this Regulation any new safeguard measure 
shall not be re -applied for at least 2 years to imports of a product subjected to a previous safeguard 
measure.  
 
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