G/ADP/Q1/MAR/6  
G/SCM/Q1/MAR/6  
G/SG/Q1/MAR/1  
 
2 October 2013  
(13-5297)  Page: 1/3  
Committee on Anti-Dumping Practices 
Committee on Subsidies and Countervailing Measures Committee on Safeguards
 Original: English  
 
NOTIFICATION OF LAWS AND REGULATIONS UNDER 
ARTICLES 18.5, 32.6 AND 12.6 OF THE AGREEMENTS 
QUESTIONS POSED BY THE UN ITED STATES REGARDING 
THE NOTIFICATION OF MOROCCO1 
 
The following communication, dated 30 September 2013, is being circulated at the request of the Delegation of the United States. 
 
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The United States thanks Morocco for its notifi cation of Dahir No. 1-11-44 of 29 Joumada II 1432 
(2 June 2011) Promulgating Law No. 15-09 on Trade Defence Measures (hereinafter "Law No. 15-09") and Decree No. 2-12-645 of 13 Safa r 1413 (27 December 2012) Implementing Law 
No. 15-09 on Trade Defence Measures (hereinafter "Decree No. 2-12-645") and poses the 
following questions:  
General
2 
 
Question 1 
 
Please clarify whether the Agreement on Implementa tion of Article VI of the General Agreement on 
Tariffs and Trade 1994 (hereinafter "AD Agreemen t") and Agreement on Safeguards ("hereinafter 
"SG Agreement") are self-implementing in Moroccan law. In case of a discrepancy between these 
two agreements and Law No. 15-09, which holds pr ecedence? In case of a discrepancy between 
Law No. 15-09 and Decree No. 2-12-645, which holds precedence? 
 
Question 2 
 Article 3 of Law No. 15-09 and Article 65 of Decree  No. 2-12-645 pertain to the establishment and 
composition of an Import Surveillance Commissio n (hereinafter "Commission"). In particular: 
 
a. The articles reference the Federation of Chambers of Commerce, Industry and Services, 
the Association of Chambers of Agriculture, the Federation of Chambers of Handicrafts, 
and the Federation of Maritime Fisheries Chambers as members of the Commission. 
Could Morocco please clarify whether these entities are private or governmental entities?  
b. If these entities are private, could Morocco please clarify how it will address any conflicts 
of interest between these entities and Morocco's national interest as cited in Article 1 of 
Law No. 15-09? 
                                               
1 G/ADP/N/1/MAR/3 – G/SCM/N/1/MAR/3 - G/SG/N/1/MAR/2 (dated 18 February 2013). 
2 For the sake of efficiency, the United States suggests that committee review for the "General" 
questions be conducted in th e Committee on Safeguards. G/ADP/Q1/MAR/6 • G/SCM/Q1/MAR/6 • G/SG/Q1/MAR/1 
 
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  There do not appear to be any provisions for th e protection of confidential data submitted to 
the Commission under this law. Please clarify the means by which confidential data will be protected from disclosure by members of the Commission, as well as the potential ramifications for any member disclosing confidential data. 
Question 3 
 Articles 3, 15, 16, 39, and 55 of Law No. 15-09 reference the establishment of regulations as they 
pertain to the membership and method of operation of the Commission, investigations, and hearings. Has Morocco issued these regulations? If so, when does Morocco intend to notify these regulations to the relevant WTO Committees?  
Question 4 
 Articles 17, 22, 25 and 63 of Law No. 15-09 pertain to the notification to parties of the initiation, 
preliminary determination and final determination by the competent authority during the course of an investigation.  
a. Please confirm whether these notifications will be made available on a central website in 
addition to the two national newspapers? If  so, please provide the website address at 
which notices will be published. 
b. Please clarify the difference between the notifications made in the two national 
newspapers and the notices made in the Official Bulletin as noted in Articles 23, 26, 48, 
63 and elsewhere of Law No. 15-09. Please prov ide the website address at which Official 
Bulletins will be published. 
Question 5 
 Article 70 of Decree No. 2-12-645 states, "The Mini ster of the Economy and Finance, the Minister 
of Industry, Trade and New Technologies, and the Minister of Agriculture and Maritime Fisheries, 
shall be responsible, each within his own domain, for implementing this Decree, which shall be published in the Official Bulletin." Please clarify how these ministries together operate in the conduct and implementation of Morocco's trade defense proceedings. 
 
Safeguards 
 
Question 6 
 Article 61 of Law No. 15-09 appears to allow the co mpetent administration to impose a provisional 
safeguard measure in either of two situations: (a) when it makes an affirmative preliminary 
determination, following receipt of questionnaire responses, that increased imports are causing or 
threatening to cause serious injury to the domestic industry, and (b) when it makes such a determination, in the absence of replies to questionnaires, and also finds that "any delay in the 
adoption of measures could cause damage difficult to repair." Please explain how both types of 
preliminary determinations would be consistent with the requirements of Article 6 of the SG Agreement, in particular: 
 
a. Please explain how the first type of determination would be consistent with Article 6 of 
the SG Agreement in the absence of a finding of "critical circumstances where delay 
would cause damage which it would be difficult to repair" and in the absence of a finding 
of "clear evidence" that increased imports are causing or threatening to cause serious injury to the domestic industry. 
b. Please explain how the second type of determination would be consistent with Article 6 
of the SG Agreement in the absence of a finding of "clear evidence" that increased 
imports are causing or threatening to cause serious injury to the domestic industry. 
c. Please indicate whether the competent administration would make one or both of such 
determinations in all investigations, or would do so only when the applicant requested 
provisional relief. G/ADP/Q1/MAR/6 • G/SCM/Q1/MAR/6 • G/SG/Q1/MAR/1 
 
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  Question 7 
 Article 68 of Law No. 15-09 states "The application of a provisional or definitive safeguard measure 
may be suspended for a specified period on the basis of the opinion of the Commission. "Please 
explain how this provision is consistent with Article 7 of the SG Agreement which states "A Member 
shall apply safeguard measures only for such peri od of time as may be necessary to prevent or 
remedy serious injury and to facilitate adjustment." 
 
Question 8  Article 78 of Law No. 15-09 refers to public hearings that may be organized by the competent 
administration "throughout the investigation." Please explain how the hearing procedure would work, including:  
a. What is meant by hearings "throughout the investigations"; 
b. The point in time during the investigation when the hearings would most likely occur; 
and 
c. Whether exporters, foreign producers, and foreign governments would have an 
opportunity to present evidence and views, in cluding to respond to the presentations of 
other parties. 
Question 9 
 
In Article 43 of Decree No. 1-12-645, Morocco states that the governmental authority responsible 
for foreign trade must consider import trends for "at least three (3) successive years" immediately 
preceding the initiation of the investigation. Please explain whether the governmental authority 
would be free to choose longer periods, and the cr iteria that might be applied in choosing periods 
of varying duration in different investigations. 
 
Question 10  Article 49 of Decree No. 1-12-645 addresses the contents  of the notice of initiation of a safeguards 
investigation. Please indicate whether the notice will state how an interested party would obtain a 
copy of the non-confidential application and rela ted documents requesting the investigation, as 
well as non-confidential copies of any briefs and other documents subsequently filed during the 
investigation. Please also indicate whether these documents may be accessed electronically and 
whether they are also available for copying or viewing.  
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