WT/DS457/18  
12 April 2016  
(16-2098)  Page: 1/3  
 Original: Spanish  
 
  PERU – ADDITIONAL DUTY ON IMPORTS OF 
CERTAIN AGRICULTURAL PRODUCTS 
UNDERSTANDING BETWEEN GUATEMALA AND PERU REGARDING PROCEDURES 
UNDER ARTICLES 21 AND 22 OF THE DSU 
The following communication, dated 11 April 2016,  from the delegation of Guatemala and the 
delegation of Peru to the Chairperson of the Disp ute Settlement Body, is circulated at the request 
of these delegations. 
 
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Understanding between Guatemala and Peru regarding procedures 
under Articles 21 and 22 of the DSU 
  The Dispute Settlement Body ("DSB") adopted it s recommendations and rulings in the dispute 
Peru — Additional Duty on Imports of Certain Agricultural Products (WT/DS457) at its meeting 
of 31 July 2015.  
 Subsequently, pursuant to Article 21.3(c) of the Understanding on Rules and Procedures Governing 
the Settlement of Disputes  ("DSU"), the arbitrator determined that the reasonable period of time 
for implementing the recommendations and rulings of the DSB should be seven months and 29 days, a period that expired on 29 March 2016.
1 
 
Guatemala and Peru have therefore agreed on th e following procedures for the exclusive purpose 
of sequencing proceedings under Articles 21.5 and 22.6 of the DSU regarding the compliance 
measures, if any, taken by Peru to implement the recommendations and rulings of the Panel and 
the Appellate Body:  1. Should Guatemala consider that the situation described in Article 21.5 of the DSU exists, it 
will, at a time it deems appropriate, request consultations. The Parties to the dispute agree 
to hold those consultations within 15 days from the date of circulation of the request. After this 15-day period has elapsed, Guatemala may, at any time, request the establishment of a 
panel pursuant to Article 21.5 of the DSU. 
 2. Should Guatemala request the establishment of a panel under Article 21.5, Peru will not 
object to the panel being established at the first meeting of the DSB at which it appears as 
an item on the agenda. 
 3. The Parties to the dispute will cooperate to enable the DSU Article 21.5 panel to circulate its 
report within 90 days of the panel's establishment, excluding such time during which the 
panel's work may be suspended pursuant to DSU Article 12.12. 
 
 
  
                                               
1 Award of the Arbitrator under Article 21.3(c) of the DSU, Peru - Additional Duty on Imports of Certain 
Agricultural Products – Arbitration under Article 21. 3(c) of the Understanding on Rules and Procedures 
Governing the Settlement of Disputes , WT/DS457/15, para. 4.1. WT/DS457/18 
- 2 - 
   
 4. Either Party to the dispute may request the DSB to adopt the report of the DSU Article 21.5 
panel at a DSB meeting held at least 30 days after the circulation of the report to Members, 
unless either Party appeals the report to the Appellate Body. 
 5. In the event of an appeal of the DSU Article 21.5 panel report, the Parties to the dispute will 
cooperate to enable the Appellate Body to circulate its report to the Members within 90 days 
from the date of notification of the appeal to the DSB. 
 6. In the event of an appeal, either Party to the dispute may request the DSB to adopt the 
reports of the Appellate Body and of the DSU Article 21.5 panel (as modified or upheld by 
the Appellate Body report) at a DSB meeting he ld within 30 days of the circulation of the 
Appellate Body report to Members. 
 
7. In the event that the DSB, following a proceedi ng under Article 21.5 of the DSU, rules that a 
measure taken to comply does not exist or is inconsistent with a covered agreement, 
Guatemala may request authorization to suspend the application to Peru of concessions or 
other obligations under the covered agreements pursuant to Article 22.2 of the DSU. Peru will not assert that Guatemala is precluded from obtaining such DSB authorization on the grounds that the request was made outside the 30-day time-period specified in DSU 
Article 22.6. This is without prejudice to Peru's right to refer the matter to arbitration under 
Article 22.6 of the DSU. 
 
8. Should Guatemala request authorization to suspend the application to Peru of concessions or 
other obligations pursuant to Article 22 of the DSU, Peru may object, under Article 22.6 of the DSU, to the level of suspension of concessions or other obligations and/or claim that the 
principles and procedures set forth in Article 22.3 of the DSU have not been followed. Where 
such an objection is made, the matter will be referred to arbitration pursuant to Article 22.6 of the DSU. 
 
9. The Parties will cooperate to enable the DSU Article 22.6 arbitrator to circulate its decision 
within 60 days of the referral to arbitration. 
 
10. If any of the original panelist is not availa ble for either the DSU Article 21.5 panel or the 
DSU Article 22.6 arbitration (or both), the Parties to the dispute will promptly consult on a replacement, and either Party may request the Director-General of the WTO to designate, 
within ten days of being so requested, a replacement for the proceeding or proceedings in 
which a replacement is required. If an original panelist is unavailable to serve in either of the proceedings, or becomes unavailable to serve, the Parties to the dispute will further request 
that, in making this appointment, the Director -General seek a person who will be available 
to act in both proceedings. 
 11. The Parties to the dispute will continue to cooperate in all matters related to these agreed 
procedures and agree not to raise any procedural objection to any of the steps set out 
herein. If, during the application of these procedures, the Parties consider that a procedural aspect has not been properly addressed in these procedures, they will endeavour to find a 
solution within the shortest time possible that will not affect the other aspects and steps 
agreed herein. 
 12. The Parties to the dispute agree that this Un derstanding applies exclusively to this dispute 
and affects only the sequencing of proceedings under Articles 21.5 and 22.6 of the DSU, and 
that it in no way affects other rights of either Party under Articles 21 and 22 of the DSU. 
 WT/DS457/18 
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  Signed in Geneva, 8 April 2016. 
 
For Guatemala 
 
 
 
 
 
(Signed) 
Eduardo Sperisen-Yurt 
Ambassador 
Permanent Representative of Guatemala For Peru 
 
 
 
 
 
(Signed) 
Luis Enrique Chávez Basagoitia 
Ambassador 
Permanent Representative of Peru 
 
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