WT/DS381/19  
 
7 August 2013  
(13-4213)  Page: 1/3  
  Original: English  
 
 UNITED STATES – MEASURES CONCERNING THE IMPORTATION, 
MARKETING AND SALE OF TU NA AND TUNA PRODUCTS 
UNDERSTANDING BETWEEN THE UN ITED STATES AND MEXICO  
REGARDING PROCEDURES UNDER AR TICLES 21 AND 22 OF THE DSU 
 The following communication, dated 2 August 2013, from the delegation of the United States 
and the delegation of Mexico to the Chairperson of the Dispute Settlement Body, is circulated at 
the request of these delegations. 
  
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Mexico and the United States would like to inform the Dispute Settlement Body of the 
attached "Agreed Procedures under Articles 21 and 22 of the Dispute Settlement Understanding" 
between Mexico and the United States with respect to the above captioned dispute.    
We respectfully request that you circulate the attached agreement to Members of the 
Dispute Settlement Body.    
 WT/DS381/19 
 
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Agreed Procedures under Articles 21 and 22 of the Dispute Settlement Understanding 
 
United States — Measures Concerning the Importation, Marketing and Sale  
of Tuna and Tuna Products   
(WT/DS381) 
 
The Dispute Settlement Body ("DSB") adopted its recommendations and rulings in the dispute 
United States — Measures Concerning the Importation, Marketing and Sale of Tuna and Tuna Products  (WT/DS381) on 13 June 2012. 
 
Pursuant to Article 21.3(b) of the Understanding on Rules and Procedures Governing the 
Settlement of Disputes  ("DSU"), Mexico and the United States agreed that the reasonable period 
of time ("RPT") for the United States to impl ement the recommendations and rulings of the DSB 
would be 13 months from 13 June 2012 (WT/DS381/17).  The RPT expired on 13 July 2013.  On 
9 July 2013, the U.S. National Oceanic and Atmospheric Administration published in the Federal 
Register a final rule modifying the U.S. dolphin-safe labeling requirements.  78 Fed. Reg. 40,997 
(9 July 2013). 
  Mexico and the United States (the "Parties") have agreed on the following procedures for the 
exclusive purposes of this dispute. They are design ed to facilitate the resolution of the dispute and 
reduce the scope for procedural disputes and are without prejudice to either Party’s views on the 
correct interpretation of the DSU:   
1. If Mexico considers that the United States has taken a measure to comply with the 
recommendations and rulings of the DSB that is  inconsistent with the covered agreements 
or there is disagreement between the Parties as to the existence of a measure taken to 
comply, Mexico may request the establishment of a panel pursuant to DSU Article 21.5 at 
any time.   
2. Mexico is not required to hold consultations with the United States prior to requesting the 
establishment of an Article 21.5 panel.  
 
3. The Parties shall cooperate to enable the DSU Article 21.5 panel to circulate its report within 
90 days of the panel’s establishment, excludin g such time during which the panel’s work 
may be suspended pursuant to DSU Article 12.12.   
4. Either Party may request the DSB to adopt the report of the DSU Article 21.5 panel at a DSB 
meeting held at least 20 days after the circulation of the report 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 shall cooperate to 
enable the Appellate Body to circulate its report within 90 days from the date of notification of the appeal to the DSB.  Further, either Pa rty 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 held  within 30 days of the circulation of the 
Appellate Body report.  
 
6. In the event that the DSB, following a proceeding under DSU Article 21.5, rules that  
measure taken to comply does not exist or is inconsistent with a covered agreement, Mexico may request authorization to suspend the application of concessions or other obligations 
under the covered agreements to the United States pursuant to DSU Article 22.  The United 
States shall not assert that Mexico is precluded from obtaining such DSB authorization on the ground that the request was made outside the 30-day time-period specified in DSU 
Article 22.6.  
 
7. If Mexico requests authorization to suspend the application of concessions or other 
obligations under the covered agreements to the United States pursuant to DSU Article 22, 
the United States may object under DSU Article 22.6 to the level of suspension of concessions or other obligations and/or claim that the principles and procedures set forth in DSU Article 22.3 have not been followed, thereby referring the matter to arbitration 
pursuant to DSU Article 22.6.  WT/DS381/19 
 
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8. The Parties will cooperate to enable the arbi trator under DSU Article 22.6 to circulate its 
decision within 60 days of the referral to arbitration.   
9. If any of the original panelists is not available for either the DSU Article 21.5 panel or the 
DSU Article 22.6 arbitration (or both), the Part ies will promptly consult on a replacement, 
and either Party may request the Director-General of the WTO to appoint, 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, the Parties will further request that, in making this appointment, the Director-General seek a person who will be available to act in both proceedings.  
 
10. The Parties will continue to cooperate in all matters related to these agreed procedures and 
agree not to raise any procedural objection to an y 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.  
 
11. These agreed procedures in no way prejudice other rights of either Party to take any action 
or procedural step to protect its rights and interests, including recourse to the DSU.  
 
 
 Signed in Geneva, 2 August 2013. 
 
  
For the United States of America 
   
 
(Signed) 
Mr David P. Shark 
Chargé d’affaires For the United Mexican States 
   
 
(Signed) 
H.E. Mr Fernando De Mateo 
Ambassador 
 
 
 
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