WT/DS461/20  
3 March  2017 
(17-1269) Page: 1/3 
 Original:  Spanish  
 
  COLOMBIA – MEASURES RELATING TO THE IMPORTATION  
OF TEXTILES, APPAREL AND FOOTWEAR  
COMMUNICATION FROM COLOMBIA  
The following communication, dated 2 7 February  2017, from the delegation of Colombia to the 
Chairperson of the Dispute Settlement Body, is circula ted at the request of that delegation.  
 
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With reference to the proposal made to Panama, upon  instruction from my authorities , on 
22 February  of this year  regarding the possibility of negotiating and concluding a sequencing 
agreement in the  dispute  Colombia – Measures Relating to the Importation of Textiles, Apparel and 
Footwear (DS461) , my capital has instructed me to ask that th e proposal be circulated to all 
WTO Members under the symbol for this dispute, DS461.  
We take this opportunity to  reiterate our willingness to find a logical solution to this issue . At the 
same time, we would like to thank you for your management  of this dispute.  
 
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 WT/DS461/20  
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  Agreed Procedures under A rticles 21 and 22 of the  
Dispute Settlement Understanding (DS U) 
 
Colombia – Measures Relating to the Importation  
of Textiles,  Apparel and Footwear  (WT/DS461)  
 
 
The Dispute Settlement Body  (DSB) adopted its recommendations and rulings in the dispute 
Colombia – Measures Relating to the Importatio n of Textiles, Apparel  and Footwear  (WT/DS461) 
on 22 June 2016. 
 
Panama and Colombia (collectively, "the Parties") have agreed on the following procedures for the 
exclusive purposes of this dispute . They are designed to facilitate the resolution of the dispute and 
reduce the sc ope for procedural disputes and are without prejudice to either Party's views on the 
correct interpretation of the DSU:  
1. Panam a shall inform  the DSB through its Chair of its intention to immediately suspend  
its request to the DSB (WT/DS461/16) for authoriza tion to suspend the application to 
Colombia of concessions or other obligations.  
2. Pursuant  to the suspension of Panama's request for authorization to suspend 
concessions and other obligations, Colombia shall ask the arbitrator to suspend the 
proceeding unde r Article 22.6 of the DSU . Moreover, as long as Panama's request for 
authorization to suspend concession s or other obligations remains suspend ed, 
Colombia shall refrain  from requesting the establishment of a panel under Article 21.5 
of the DSU  (WT/DS461/17 ) for a second time . 
3. Once the procedures described in points 1 and 2 above have been suspended, Panama 
shall request consultations with Colombia under Article 21.5 of the DSU . The Parties 
agree to hold such consultations within 30 days from the date of rec eipt of the 
request . After this 30 -day period has elapsed, Panama may at any time request the 
establishment of a panel under Article 21.5 of the DSU.  
4. The Parties shall cooperate to enable the 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 Article 12.12 of the DSU.  
5. Either Party may request the DSB to adopt the report  of the Article 21.5 panel at 
a DSB meeting held at least 20 days after the  circulation of the report to the Members 
unless either Party appeals the report.  
6. In the event of an appeal of the Article 21.5 panel report, the proceedings described in 
points 1 and 2 above shall remain suspended and the Parties shall 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 . Further, either Party may request the DSB to 
adopt the reports of the Appellate Body and of the Article 21.5 panel (as modifie d by 
the Appellate Body report) at a DSB meeting held within 30 days of the circulation of 
the Appellate Body report to the Members.  
7. In the event that the DSB, following a panel or Appellate Body proceeding under 
Article 21.5 of the DSU, rules that a measu re taken to comply does not exist or is 
inconsistent with a covered agreement, Panama may reactivate its request for 
authorization to suspend concessions or other obligations pursuant to Article 22 .2 of 
the DSU . Colombia shall not assert that Panama is pr ecluded from obtaining such 
DSB authorization on the grounds that the request w as made outside the 30 -day 
time-period specified in Article 22.6 of the DSU . This is without prejudice to 
Colombia's right  to have the matter referred to arbitration by objecting  in accordance 
with Article 22.6 of the DSU.  
8. If Panama asks to reactivate its request for authorization to suspend concessions or 
other obligations pursuant to Article 22.2 of the DSU, Colombia shall have the right to WT/DS461/20  
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  request the reactivation of the arbitr ation under Article 22.6 of the DSU concerning 
the level of suspension of concessions or other obligations and/or the fact that the 
principles and procedures set forth in Article 22.3 of the DSU have not been followed . 
initiated at Colombia's request ( see document WT/DS461/18).  
9. The Parties sha ll cooperate to enable the arbitrator under Article 22.6 of the DSU to 
circulate its decision within 60 days of the re -initiation of the arbitration.  
10. If any of the original panelists is not available for either the Art icle 21.5 compliance 
panel or the Article 22.6 arbitration (or both), the Parties shall 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 o f the proceedings, the Parties shall  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 shall continue to cooperate in all matters related to these agreed 
procedures . If, during the application of these procedures, the Parties consider that a 
procedural aspect has not been properly addressed i n these procedures, they shall 
endeavour to find a solution within the shortest time possible that will not affect the 
other aspects and steps agreed herein . Similarly, if one of the Parties fails to comply 
with any of the commitments set  forth herein, the  other Party sha ll be under no 
obligation to comply with its commitments under this Agreement.  
12. These agreed procedures in no way prejudice other rights of either Party to take any 
action or procedural step to protect its rights and interes ts, including rec ourse to 
the DSU. 
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