G/SG/N/1/ZWE/ 3 
28 February  2020 
(20-1541) Page: 1/33 
Committee on Safeguards  Original:  English  
 
  
NOTIFICATION OF LAWS AND REGULATIONS UNDER  
ARTICLE 12.6 OF THE RELEVANT AGREEMENT  
ZIMBABWE  
The following communication, dated 28 February  2020, is being circulated at the request of the 
delegation of Zimbabwe . 
_______________  
CHAPTER 14:28  
COMPETITION (SAFEGUA RDS) (INVESTIGATION)  REGULATIONS, 2006  
Statutory Instrument 217 of 2006  
It is hereby notified that the Minister of Industry and Internatio nal Trade has, in terms of section  50 
of the Competition Act [ Chapter 14:28 ] made the following regulations:  
PART I  
PRELIMINARY  
Title 
1 These regulations may be cited as the Competition (Safeguards) (Investigation) Regulations, 2006.  
Scope of these regulations  
2 The Investigating Authority may apply a safeguard measure on a product imported into 
Zimbabwe only if it has determined, pursuant to an investigation conducted in accordance with 
these regulations, that as a result of unforeseen developments and of the effect of obligations 
incurred by Zimbabwe under the GATT 1994 , the product that is being investigated is being 
imported in such increased quantities, absolute or relative to domestic production, and under such 
conditions as to cause or threaten  to cause serious injury to the domestic industry producing 
similar to or directly competitive products, and that the application of such a measure is in the public 
interest.  
Interpretation  
3 In these regulations  
"Agreement " means the Agreement on Safeguar ds of the World Trade Organization; " Committee " 
means the Committee on Safeguards of the World Trade Organization; " country " includes all WTO 
members and any other country or autonomous customs territory;  
"customs authority " means the Zimbabwe Revenue Auth ority established in terms of section 3 
("Establishment of Revenue Authority") of the Revenue Authority Act [ Chapter 23:11 ]; G/SG/N/1/ZWE/ 3 
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  "domestic industry " shall mean the producers as a whole of products which are similar to or directly 
competitive with the product t hat, is being investigated, operating within Zimbabwe or those 
producers operating within Zimbabwe whose collective output of similar or directly competitive 
products constitutes a major proportion of the total domestic production of those products;  
"GATT 1994 " means the General Agreement on Tariffs and Trade 1994 whose parts are described 
in Annex IA to the World Trade Organisation Agreement;  
"interested parties " means  
(a) the exporter and foreign producer of the product that is being investigated;  
(b)  the impo rter of the product that is being investigated;  
(c) trade or business associations in which a majority of the members are producers, exporters 
or importers of the product that is being investigated;  
(d) the government of the exporting country;  
(e) the producer of the domestic product which is similar to or directly competitive with the 
product that is being investigated in Zimbabwe;  
(f) trade or business associations in which a majority of the members are producers of the 
product which is similar to or directly competitive  with products in Zimbabwe;  
(g) trade unions or other organisations representing the interests of workers in the domestic 
industry;  
(h) consumer associations;  
(i) industrial users of the product that is being investigated;  
(j) any other person which the Investigating Auth ority determines to have a sufficient interest 
in the outcome of the investigation;  
"investigating Authority " means the Commission;  
"Member " means a member of the World Trade Organization;  
"participating interested parties " means those interested parties t hat have indicated their 
interest in participating in an investigation, in accordance with section eleven of these regulations;  
"product that is being investigated " means the imported product subject to a safeguard 
investigation in terms of these regulatio ns, and as described in the notice of initiation;  
"serious injury " means a significant overall impairment in the position of a domestic industry;  
"threat of serious injury " mean serious injury that is clearly imminent;  
"WTO " means the World Trade Organization.  
PART II  
THE INVESTIGATING AU THORITY  
The investigating authority  
4 The following matters shall be within the exclusive competence of the Investigating Authority  G/SG/N/1/ZWE/ 3 
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  (a) decisions relating to the application, suspension and withdrawal of safeguard meas ures and 
those relating to the modification or extension of the corresponding periods of application;  
(b) the conduct of investigations relating to serious injury or threat thereof and the reason for 
it. 
Obligations of the investigating authority  
5 (1) The Inv estigating Authority shall be bound, in performing the functions assigned to it under 
these regulations, by the provisions of these regulations and shall perform those functions in an 
impartial and transparent manner.  
 (2) Subject to sections sixteen and forty-two, the Investigating Authority and any person acting 
under its authority, shall not disclose any information to any person who is not employed in carrying 
out the provisions of these regulations without the written permission of the person by whom o r on 
whose behalf the information was submitted.  
PART III  
SERIOUS INJURY OR TH REAT OF SERIOUS INJU RY AND CAUSAL LINK  
Serious injury and causation  
6 (1) A determination of whether increased imports of the product that is being investigated have 
caused or ar e threatening to cause serious injury to a domestic industry shall be based on an 
evaluation of all relevant factors of an objective and quantifiable nature having a bearing on the 
situation of an industry, in particular  
(a) the rate and amount of the increase  in imports of the product that is being investigated, in 
absolute terms and relative to domestic production of like or directly competitive products;  
(b) the share of the domestic market taken by increased imports of the product that is being 
investigated;  
(c) the prices of the product that is being investigated, especially for the purposes of 
determining whether prices lower than those of the domestic product or the product that 
competes with it directly have been recorded;  
(d) the impact of increased  imports of the product that is being investigated on the domestic 
industry, as evidenced by relevant indicators including - 
(i) production;  
(ii) capacity utilization;  
(iii) inventories;  
(iv) sales;  
(v) market share;  
(vi) prices, where the domestic price declines or the failure of dom estic prices to 
increase as they otherwise would have done in the absence of increased 
imports;  
(vii) productivity;  
(viii)  profits and losses;  G/SG/N/1/ZWE/ 3 
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  (ix) return on investments;  
(x) cash flow;  
(xi) employment;  
(e) factors other than increased imports of the product that is being investigated which at the 
same time are causing or threatening to cause serious injury to the domestic industry.  
 (2) The Investigating Authority may only determine that increased imports of the product that is 
being investigated have caused or are threatening to cause  serious injury to the domestic industry 
if it finds that there is genuine and substantial relationship of cause and effect between the increased 
imports and the actual, or threatened, serious injury.  
 (3) When there are factors other than increased import s of the product that is being investigated, 
which at the same time are causing or threatening to cause serious injury to the domestic industry, 
such injury shall not be attributed to the increased imports.  
Threat of serious injury and causation  
7 (1) A de termination of threat of serious injury caused by increased imports shall be based on facts 
and not merely on conjecture or remote possibility.  
 (2) In considering whether increased imports threaten to cause serious injury, the Investigating  
Authority shall evaluate, in addition to the factors cited in section six, the following  
(a) the actual and potential export capacity, of the country of production or origin;  
(b) any build up of inventories in Zimbabwe and in the country of exportation;  
(c) the proba bility that exports of the product that is being investigated will enter the  
Zimbabwean market in increased quantities;  
(d) any other factor deemed relevant by the Investigating Authority.  
PART IV  
INVESTIGATION  
Initiation  
8 An investigation to determine whether increased imports of the product that is being investigated 
have caused or threaten to cause serious injury to a domestic industry may be initiated  
(a) upon a written request addressed to the Investigating Authority by or on behalf of a domes tic 
industry; or  
(b) on the initiative of the Investigating Authority.  
Requirements of a written request  
9 (1) A written request for the application of a safeguard measure shall include such information as 
is reasonably available to the applicant on the follow ing 
(a) a complete description of the imported product, including its technical characteristics and 
uses, and an identification of its tariff classification and the duties applicable;  
(b) a complete description of the domestic product or its direct competitive pro duct, including 
its technical characteristics and uses;  G/SG/N/1/ZWE/ 3 
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  (c) the names and addresses of the enterprises or entities represented in the application (" the 
requesting enterprises "), and of all other known producers of domestic product or its 
direct competitive p roduct;  
(d) the percentage of domestic production of the domestic product or its direct competitive 
product represented by the requesting enterprises;  
(e) information on the volume and value of the imported product for each of the 3 calendar 
years preceding the request, and any more recent partial year data, by country of origin;  
(f) a description of the increase in imports alleged to exist, in particular, wheth er such increase 
is absolute, relative to domestic production, or both;  
(g) information relevant to the existence of serious injury or threat thereof to the domestic 
industry, for each of the 3 calendar years preceding the request, and any more recent 
partial year data, including but not limited to  
(i) with respect to serious injury  
A. volume and value of domestic production;  
B. utilization of production capacity;  
C. changes in inventory levels;  
D. market share;  
E. changes in sales levels;  
F. level of employment and wages in the d omestic industry;  
G. changes in price levels;  
H. productivity;  
I. profit and loss;  
J. return on investment;  
K. cash flow;  
L. any other indicators considered relevant;  
(ii) with respect to threat of serious injury, if alleged, also the following  
A. export capacity in the exporting  countries;  
B. inventories in Zimbabwe and in the exporting countries;  
C. information regarding the probability that imports will increase, including, e.g., 
trade restrictions on exports to third country markets.  
(h) an explanation, in light of the data provided in the request and the requirements of these 
regulations, of the reasons why it is believed that serious injury or threat thereof exists and 
is caused by the increased imports;  
(i) information on relevant unforeseen developments;  
(j) information on the ef fect of relevant obligations incurred by Zimbabwe under  GATT  1994;  G/SG/N/1/ZWE/ 3 
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  (k) a statement giving specific reasons for seeking application of a safeguard measure, for 
example, to facilitate the orderly transfer of resources to more productive uses, to improve 
competitiveness or to adapt to new conditions of competition, together with the type 
quantities and level of the measure considered necessary to ensure the achievement of the 
objectives pursued;  
(l) an explanation why the application of the safeguard measu re would be in the public interest;  
(m) a plan for adjusting the domestic industry to competition from imports, in accordance with 
the objectives described in the previous paragraph; and  
(n) if a provisional measure is sought, information regarding critica l circumstances where delay 
in taking action would cause damage to the industry which would be difficult to repair, and 
a statement stating the level of tariff increase requested as a provisional measure.  
Withdrawal of the request before initiation  
10 Any request under article 9 may be withdrawn prior to initiation, in which case it shall be 
considered not to have been made.  
Initiation decision  
11 (1) The Investigating Authority may initiate the investigation whether at the request of a domestic 
industry or  on its own initiative, only when it has determined that there is sufficient evidence that, 
as a result of unforeseen developments and of the effect of obligations incurred by Zimbabwe under 
GATT  1994, the product that is being investigated is being import ed in such increased quantities, 
absolute or relative to domestic production, and under such conditions as to cause or threaten to 
cause serious  injury to domestic industry producing like or directly competitive products.  
 (2) Where a request from a domest ic industry has been received, the Investigating Authority 
may seek such additional information as it deems necessary, including from the requesting 
enterprises, before deciding whether to initiate an investigation.  
 (3) Where the Investigating Authority d ecides not to initiate an investigation in response to a 
request, it shall notify the requesting enterprise of the reasons for not initiating the investigation.  
 (4) Where a request has been received, the Investigating Authority shall normally decide wheth er 
or not to initiate a safeguard investigation within 14 days of the date of receipt of the request:  
Provided that where the request involves complex issues, or if the Investigating Authority has sought 
additional information as provided in for in subsect ion (1), this time period may be extended to 
21 days.  
Public notice and notification regarding initiation  
12 (1) Immediately after taking a decision regarding initiation, whether in the affirmative or in the 
negative, the Investigating Authority shall prov ide direct written notice of that decision to the known 
exporting countries, and shall notify the interested parties through the publication of a notice 
regarding initiation of the safeguard investigation in the Gazette and the date of publication of the 
notice shall be the date of the initiation of the safeguard investigation.  
 (2) Interested parties desiring to participate in the investigation shall have a period of 30 days 
from the date of initiation to indicate to the Investigating Authority in writing their interest in 
participating in the investigation:  
Provided that the Inv estigating Authority may, if it thinks fit, extend the period within which 
interested parties may indicate their interest in participating in the investigation.  
 (3) The decision to initiate the investigation shall be notified to the Committee and such 
information shall be made immediately after the initiation of the investigation, and shall conform to 
the requirements established by the Committee.  G/SG/N/1/ZWE/ 3 
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  Contents of the notice regarding initiation of a safeguard investigation  
13 (1) The notice regarding initiatio n of a safeguard investigation shall include the following 
information - 
(a) a complete description of the product that is being investigated, including its technical 
characteristics and uses, and an identification of its tariff classification and the duties 
applicable;  
(b) a complete description of the domestic product or the product that competes with it 
directly, including their technical characteristics and uses;  
(c)  the names of the requesting enterprises, if any, and of all other known producers of the 
domestic p roduct or the product that competes with it directly;  
(d)  the country or countries of origin of the investigative product;  
(e) summary of the unforeseen developments that led to the alleged increase in imports of 
the product that is being investigated or the chan ge in the conditions under which such 
imports occur, and a summary of the effects of the relevant obligations incurred by 
Zimbabwe under the GAAT 1994;  
(f) contact information: the name, address and telephone number of contact person at the  
Investigating Authority in writing;  
(g) statement that the date of initiation is the date of publication of the notice regarding 
initiation of the safeguard investigation;  
(h) whether or not application of a provisional measure will be considered;  
(i) the proposed sc hedule for the investigation, including - 
(i) the date by which interested parties desiring to participate in the investigation 
must inform the Investigating Authority;  
(ii) where application of a provisional measure will be considered, the schedule 
for and deadline s pertaining to the preliminary phase of the investigation, for 
example the deadline for any written arguments or other submission's;  
(iii) the date by which a hearing, if required, must be requested;  
(iv) the proposed dates for the determination regarding applicatio n of a 
provisional safeguard measure, if relevant, for the determination regarding 
serious injury or threat thereof and causation, and for any decision regarding 
the application of the safeguard measure.  
 (2) Where the Investigating Authority has decided n ot to initiate an investigation, the notice 
regarding initiation of a safeguard investigation must contain the following information - 
(a) the identity of the requesting enterprises, and the domestic products with respect to which 
initiation was requested;  
(b) an identification of the imported products;  
(c) the reasons for not initiating an investigation.  G/SG/N/1/ZWE/ 3 
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  Timetable of the investigation , 
14 (1) The Investigating Authority shall complete the investigation within 6 months from the date 
of the initiation.  
 (2) The Investigating Authority may extend this period once only, for a further period of 
2 months.  
 (3) Where the application of a provisional measure is to be considered, the Investigating Authority  
shall reach a determination in accordance with the provis ions of section twenty -one not earlier than 
60 days and not later than 90 days from the date of initiation of the investigation.  
 (4) During the investigation, the Investigating Authority shall establish, and shall make known 
immediately to all participati ng interested parties, such deadlines as are necessary for the conduct 
of the investigation.  
 (5) The deadlines established by the Investigating Authority shall provide sufficient opportunities 
for all participating interested parties to make their views k nown on the matters being considered in 
the investigation and to this end the Investigating Authority shall allow sufficient time for the 
submission of responses to questionnaires and other requests by the Investigating Authority for 
information, for the p reparation and submission of other evidence deemed relevant by participating 
interested parties,  and for the submission of participating interested parties' views, including with 
respect to the views and presentations of other participating interested part ies and with respect to 
whether or not the application of a safeguard measure would be in the public interest.  
Investigative powers  
15 (1) The Investigating Authority may request directly from the participating interested parties, 
customs agents, inspectio n companies, forwarders and other enterprises and entities of the public 
and private sectors such data and information as it considers relevant to the performance of its task 
and the recipients of such requests shall provide the data and information as req uested within the 
time limits allowed.  
 (2) The Investigating Authority may conduct on the spot investigations to verify or obtain further 
details concerning the information provided and where such investigations are conducted, the 
Investigating Authority shall prepare a report describing the findings of the verification and this 
verification report, with the exception of any confidential information, shall be placed promptly in 
the public file.  
Treatment of confidential information  
16 (1) Any information which is by nature confidential or which is provided on a confidential basis 
shall, upon cause shown, be treated as such by the Investigating Authority and such information 
shall not be disclosed without the consent of the entity which provided  the information.  
 (2) An entity which provides any confidential information shall furnish non -confidential 
summaries thereof or, if such an entity indicates that such information cannot be summarized, the 
reasons why a summary cannot be provided.  
 (3) If the Investigating Authority finds that a request for confidential treatment is not warranted, 
and if the provider of the information is unwilling to make the information public, the Investigating 
Authority shall disregard such information, and shall return  the information concerned to the person 
submitting it.  
 (4) The provision by the Government of confidential information to a WTO dispute settlement 
panel, upon request of the panel to the context of a dispute concerning the consistency with the 
internatio nal obligations of Zimbabwe of the safeguard measure or investigation in connection with 
which the information was obtained shall not be deemed to be a disclosure of confidential information 
within the meaning of this section and the Government shall reque st that the panel requesting the 
information make a reasonable efforts to preserve the confidentiality of the information provided to 
it. G/SG/N/1/ZWE/ 3 
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  Written arguments  
17 (1) All participating interested parties shall have the opportunity, in accordance with the 
provisions of this section, to present evidence and arguments in writing including responses to the 
written and oral presentations of other participating interested parties and views as to whether or 
not application  of a safeguard measure would be in the public  interest.  
 (2) In an investigation in which application of a provisional safeguard measure will be considered, 
any participating interested party may submit written arguments concerning any matter it considers 
relevant to the preliminary phase of the investigation no  later than 14 days before the date proposed 
for the determination regarding the application of a provisional safeguard measure.  
 (3) In an investigation in which no hearing is requested, any participating interested party may 
submit written arguments conc erning any matter it considers relevant to the investigation not later 
than 45 days before the date proposed for the determination regarding serious injury or threat 
thereof and  causation and participating interested parties shall have a further 10 days af ter the 
deadline for initial written submissions to submit any written response to the written submissions of 
other participating interested parties.  
 (4) In an investigation in which a hearing is held, not later than 10 days before the scheduled 
date of t he hearing, any participating interested party may submit written arguments and 
information concerning any matter it considers relevant to the investigation and following the 
hearing, interested parties who participated in the hearing may, within 10 days, submit further 
written arguments in response to any arguments and information presented at the hearing.  
Hearings  
18 (1) The Investigating Authority shall, upon request of a participating interested party made not 
later than 15 days after publication of the  determination regarding the application of a provisional 
measure, or if the application of a provisional measure will not be considered, not later than 45 days 
after initiation, schedule a hearing at which all participating interested parties may present 
information and arguments orally and any hearing shall be held not less than 60 days prior to the 
date proposed for the determination regarding serious injury or treat thereof and causation.  
 (2) There shall be no obligation on any participating interested  party to appear at a hearing, and 
failure to do so shall not be prejudicial to that participating interested party's case and the 
Investigating Authority shall, to the maximum extent possible, organise hearings so as to take into 
account the convenience o f the participating interested parties.  
 (3) Participating parties intending to appear at a hearing shall notify the Investigating Authority 
at least 7 days before the date of the hearing of the names of their representatives and witnesses 
who will appear at any hearing.  
 (4) Hearings shall be presided over by the Investigating Authority, who shall ensure that 
confidentiality is preserved, and who shall organise hearings in a manner that ensures that all 
participating  interested parties have an adequate opp ortunity to present their views.  
 (5) The Investigating Authority shall maintain a record of the hearing, which shall be promptly 
placed in the public file, with the exception of any confidential information.  
Public file and access thereto  
19 (1) The Inves tigating Authority shall establish and maintain a public file relating to each 
investigation or other proceeding conducted under these regulations.  
 (2) Subject to section sixteen , the Investigating Authority shall promptly place in the public file - 
(a) all wr itten determinations and public notices relating to the investigations;  
(b) all materials, including questionnaires, responses to questionnaires and written 
communications, issued by or submitted to the Investigating Authority;  G/SG/N/1/ZWE/ 3 
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  (c) all other information developed or obtained by the Investigating Authority including 
any verification report prepared pursuant to Article 15; and  
(d) the record of any hearing conducted pursuant to Article 18; and  
(e) any other documents the Investigating Authority deems appropriate for public 
disclosure.  
 (3) The public file shall be available to the general public, during normal working hours, for 
review and copying at the offices of the Investigating Authority throughout the course of the 
investigation.  
Reliance on information available  
20 (1) If at any time during the investigation, any participating interested party  
(a) refuses access to, or otherwise does not provide, necessary information within the 
period of time prescribed by the Investigating Authority; or  
(b) otherwise significantly impedes the investigation;  
the Investigating Authority may make its determination on the basis of the information available  
 (2) The Investigating Authority, shall take due account of any difficulties experienced by 
participating interested p arties, including small companies, in supplying information requested and 
in that context, the Investigating Authority shall provide any assistance practicable and may extend 
the time period prescribed for the submission of any information.  
PART V  
APPLICAT ION OF SAFEGUARD MEA SURES  
Application of a provisional safeguard measure  
21 (1) The relief of a provisional safeguard measure may be granted only if the Investigating  
Authority is satisfied  
(a) that there are critical circumstances, and that any delay in takin g an action would 
cause damage which would be difficult to repair; and  
(b) that there is clear evidence that, as a result of unforeseen development and of 
the effect of obligations incurred by Zimbabwe under GATT 1994, the product 
that is being investigated is  being imported in such increased quantities and 
under such conditions as to cause or threaten to cause serious injury to the 
domestic industry producing like or directly competitive products.  
 (2) A provisional safeguard measure shall take the form only o f a refundable increase in customs 
duties.  
Notice regarding the application of a provisional safeguard measure  
22 (1) Immediately upon taking a decision regarding the application of a provisional safeguard 
measure, the Investigating Authority shall publish  a notice to this effect in the Gazette.  
 (2) If a decision is made to apply a provisional safeguard measure, the notice made in terms of 
subsection (1) shall include the following information  G/SG/N/1/ZWE/ 3 
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  (a) a complete description of the product that is being investigated, including its 
technical characteristics and uses, and an identification of its tariff classification 
and the duties applicable;  
(b) the volume and value of the imported product for each of the 3 calendar years 
preceding the request, and any more recent partial year data, by country of 
origin;  
(c) a complete description of the domestic product or the product that competes 
with it directly, including their technical characteristics and uses;  
(d) the names of all known producers of the domestic product or th e product that 
competes with it directly;  
(e) the basis for the determination of critical circumstances, where delay would 
cause  damage that would be difficult to repair, and the basis for the 
determination of the existence of clear evidence that, as a result of unforeseen 
developments and of the effect of obligations incurred by Zimbabwe under the 
GATT 1994, the product that is being investigated is being imported in such 
increased quantities and under such conditions as to cause or threaten to cause 
serious i njury to the domestic industry producing like or directly competitive 
products;  
(f) the amount of tariff increase proposed as the provisional safeguard measure;  
(g) the intended duration of the provisional safeguard measure.  
 (3) If the Investigating Authority de cides not to apply a provisional safeguard measure, the 
notice regarding the application of a provisional safeguard shall include the following information   
(a) complete description of the product that is being investigated, including its 
technical characteris tics and uses, and an identification of its tariff classification 
and the duties applicable;  
(b) an identification of the domestic product or the product that competes with it 
directly;  
(c) an explanation of the reasons for the decision not to apply a provisional 
safeguard  measure;  
(d) a statement indicating whether the investigation will be terminated at that point, 
or continued through the final phase.  
Notification and consultations  
23 (1) After a decision has been taken to apply a provisional safeguard measure, but before the 
measure takes effect, the Government shall immediately notify the Committee in conformity with 
the requirements established by the Committee.  
 (2) As soon as the measure has been applied, the consultations referred to in Articles 12 .4 of 
the Agreement shall be initiated.  
Duration of a provisional safeguard measure  
24 A provisional safeguard measure shall be applied for a maximum of 200 days and may be 
suspended before its date of expiry by a decision of the Investigating Authority . G/SG/N/1/ZWE/ 3 
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  Payment and refund of a provisional safeguard measure  
25 (1) The amount of a provisional safeguard measure shall be collected and paid in refundable 
form, or guaranteed by the furnishing of a bond or deposit in favour of the customs authority.  
 (2) Any amount collected as a provisional safeguard measure shall be promptly refunded, and 
any bond or deposit shall be promptly released, if the subsequent investigation does not result in a 
determination that increased imports have caused or threaten to cause s erious injury to the domestic 
industry.  
 (3) The Investigating Authority shall be responsible for the assessment of provisional safeguard 
measures.  
 (4) The customs authority shall be responsible for the collection of the provisional measure.  
Determination  regarding serious injury or threat thereof and causation  
26 (1) The Investigating Authority shall determine, in conformity with sections six and seven , and 
on the basis of objective evidence obtained in the investigation, whether increased imports of the 
product that is being investigated have caused or threaten to cause serious injury to the domestic 
industry . 
 (2) The determination made in term of subsection (1) shall be published in a report containing 
a detailed analysis, including a demonstration of t he relevance of the factors examined by the 
Investigating Authority, of the information obtained in the investigation and setting forth the 
Investigating Authority's findings and reasoned conclusions on all pertinent issues of the fact and 
law. 
Public noti ce and notification of determination regarding  
serious inquiry or threat thereof and causation  
27 (1) The Investigating Authority shall, immediately upon reaching its determination, publish in the  
Gazette , a notice of its determination regarding any serio us injury or threat thereof and its causation.  
 (2) The notice referred to subsection (1) shall include  
(a) a complete description of the product that is being investigated, including its 
technical characteristics and uses, and an identification of its tariff 
classification and the duties applicable;  
(b) a complete description of the domestic product or the product that competes 
with it directly, including their technical characteristics and uses.  
(c) the names of all known producers of the domestic product or the prod uct that 
competes with it directly;  
(d) the country or countries of origin of the product that is being investigated;  
(e) a summary of the information obtained in the investigation, the factors 
considered and the relevance thereof, and findings and conclusions rea ched 
on the issues of fact and law considered, and the reasons thereof.  
 (3) The Government shall immediately notify the Committee if it is determined that increased 
imports have caused or threaten to cause serious injury to the domestic industry and any such 
notification shall conform to the requirement established by the Committee.  
General principle  
28 (1) Where the Investigating Authority determines - G/SG/N/1/ZWE/ 3 
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  (a) that as a result of unforeseen developments and of the effect of obligations 
incurred by Zimbabwe under the GATT 1994, the product that is being 
investigated is being imported in such increased quantities and under such 
conditions as to cause or threaten to cause serious injury to the domestic 
industry producing similar or identical products o r the product that competes 
with it directly; and  
(b) that application of a definitive safeguard measure is in the public interest;  
the Investigating Authority may apply definitive safeguard measures.  
 (2) The duration and level of any such measure shall be no  more than is necessary to prevent 
or remedy the serious injury and to facilitate adjustment.  
 (3) In deciding whether to apply a definitive safeguard measure, the Investigating Authority shall 
take into account the fact that, if adequate trade compensatio n cannot be agreed with the Members 
whose exporting interests would be affected by the measure, those Members shall be free, in 
accordance with the Agreement, to suspend substantially equivalent concessions under GATT 1994:  
Provided that such suspension is  not disapproved by the Council for Trade in Goods of the WTO.  
 (4) The Investigating Authority shall also take into account that the right of suspension of 
equivalent  concessions shall not be exercised for the 3 years that a safeguard measure is in effec t, 
including the  period of application of any provisional safeguard measure, and that the measure has 
been taken as a result of an absolute increase in imports.  
Notice regarding application of a definitive safeguard measures  
29 (1) The Investigating Author ity shall, immediately upon taking a decision regarding the 
application of a definitive safeguard measure, publish in the Gazette a notice regarding the 
application of the safeguard measure.  
 (2) The notice referred to in subsection (1) shall contain the f ollowing information - 
(a) a complete description of the product that is being investigated, including its 
technical characteristics and uses, and an identification of its tariff classification 
and the duties applicable;  
(b) the volume and value of the imported pro duct for each of the 3 calendar years 
preceding the request, and any more recent partial -year data, by country of 
origin;  
(c) a complete description of the domestic product or the product that competes 
with it directly, including their technical characteristic s and uses;  
(d) the names of all known procedures of the domestic product or the product that 
competes with it directly;  
(e) a summary of the unforeseen developments that led to the increase in imports 
of the product that is being investigated, or to the change in  the conditions 
under which such imports occur;  
(f) a summary of the effects of relevant obligations incurred by Zimbabwe under 
the GATT 1994;  
(g) a summary of the affirmative injury determination, including the injury factors 
considered and the relevance thereof, as well as of the findings and 
conclusions, and the reasons thereof, on the issues of fact and law considered 
in respect of injury, or a cross -reference to the "Notice of Determination 
regarding Serious Injury or Threat thereof and Causation";  G/SG/N/1/ZWE/ 3 
- 14 - 
  (h) the reasons for which the Investigating Authority has considered that 
application of a definitive safeguard measure is in the public interest;  
(i) details concerning the domestic industry's adjustment plan;  
(j) the form, level and duration of the proposed definitive safeguard measure, 
and an explanation thereof in terms of the requirement of section 
twenty -eight(2) and the domestic industry's adjustment plan;  
(k) the proposed date of application of the definitive safeguard measure;  
(l) if a quantitative restriction is propose d, the allocation of the quota among the 
supplier countries, and an explanation and the relevant information, in terms 
of section thirty -three, regarding the basis on which allocation has been made;  
(m) if the proposed duration of the measure is more than 1 year, a timetable for 
the progressive liberalisation of the measure;  
(n) an identification of the developing countries exempted from the measure.  
 (3) If the decision is not to apply a definitive safeguard measure, the notice referred to in 
subsection  (1) shall set forth the factual and legal basis for the decision.  
Notification and consultation  
30 (1) Immediately upon a decision to apply a definitive safeguard measure, but before such 
measure takes effect, the Government shall notify the Committee regarding the evidence of serious 
injury or threat thereof caused by increased imports, the precise description of the product that is 
being investigated, the form, level and duration of the proposed measure, the proposed date of 
application of the measure , and if relevant, the proposed timetable for its progressive liberalisation.  
 (2) Any notification made in terms of subsection (1) shall conform to the requirement established 
by the Committee.  
 (3) Before a definitive safeguard measure is applied, the Go vernment shall provide adequate 
opportunity for consultations with those Members having interest as exporters of the product that is 
being investigated, with a view to inter alia reviewing the information notified to the Committee 
regarding the finding of serious injury or threat thereof caused by increased imports and regarding 
the proposed measure, exchanging views about the measure, and reaching an understanding on 
ways to achieve the objective set forth in subsection (4).  
 (4) In applying a definitive s afeguard measure, the Government shall endeavour to maintain a 
substantially equivalent level of concessions and other obligations to that existing under GATT 1994 
between Zimbabwe and the exporting Members which would be affected by such measures.  
 (5) Fo r the purposes of maintaining a substantially equivalent level of concessions and other 
obligations as referred to in subsection (4), agreement may be reached with affected Members, 
through the consultations referred to in subsection (3) above, on any adeq uate means of trade 
compensation for the adverse effects of the definitive safeguard measure on the trade of those 
Members.  
 (6) The Government shall notify the Council for Trade in Goods of the WTO immediately, through 
the Committee, of the results of the  consultations, including any compensation granted.  
Form and application of a definitive safeguard measure  
31 (1) A definitive safeguard measure shall normally be applied in the form of either a tariff increase 
or a quota on imports.  G/SG/N/1/ZWE/ 3 
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   (2) Subject to section thirty -two, any definitive safeguard measure shall be applied to all imports 
of the product that is being investigated, irrespective of source, entered on or after the date on 
which the measure takes effect.  
 (3) The customs authorit y shall be organ responsible for the  
(a) administration of a definitive safeguard measure in the form of a quantitative 
restriction;  
(b) collection of a definitive safeguard measure in the form of a tariff increase.  
Non-application of a definitive safeguard measur e to certain, developing countries  
32 (1) Notwithstanding any other provisions of these regulations, a definitive safeguard measure 
shall not be applied to imports of the product that is being investigated if it originates in a developing  
country Member as  long as those imports account for no more than 3% of Zimbabwe's total imports  
of the product that is being investigated.  
 (2) Notwithstanding subsection (1), if imports from developing country Members which 
individually account for less than 3 % of Zimbabw e's imports of the product that is being 
investigated collectively account for more than 9 % of Zimbabwe' s imports of the product that is 
being investigated, a definitive safeguard measure may be applied to such imports from those 
developing country Member s. 
 (3) The Government shall notify the non -application of definitive safeguard measure to imports 
originating in a developing country Member to the WTO Committee on Safeguards, in conformity 
with the requirements established by the Committee.  
Quotas as de finitive safeguard measures  
33 (1) A definitive safeguard measure in the form of a quota on imports of the product that is being 
investigated shall not reduce the quantity of those imports below the average level registered in the 
most recent 3 representat ive years for which statistics are available.  
 (2) Notwithstanding subsection (1), the Investigating Authority may, upon clear justification that 
a different level is necessary to prevent or remedy serious injury or the threat of serious injury, 
apply a quota which reduces the quantity of imports of th e product that is being investigated below 
the average level registered in the most recent 3 representative years for which statistics are 
available.  
 (3) If more than 1 country exports the product that is being investigated to Zimbabwe, any quota 
on impor ts shall be allocated among supplying countries and the Government shall attempt to reach 
agreement with those Members having a substantial interest in supplying the product that is being 
investigated as to the allocation of shares of the total quota amoun t. 
 (4) Where the Investigating Authority determines that the method set forth in subsection (3) is 
not reasonably practical for allocation of the quota, the Investigating Authority shall allocate the 
quota among countries having a substantial interest in supplying the product that is being 
investigated.  
 (5) The allocation of the quota shall be based upon the proportions of the product that is being 
investigated supplied by such countries during the previous 3 years and in allocating the quota 
among supply ing countries, the Investigating Authority shall take due account of any special factors 
which may have affected or may be affecting trade in the product that is being investigated.  
 (6) Notwithstanding subsections (3) and (4), in a case in which serious i njury to the domestic 
industry has been found, the Investigating Authority may allocate the quota among supplying 
countries on a different basis, provided that consultations have been held with supplying Members 
under the auspices of the Committee, and cle ar demonstration is provided to the Committee that  G/SG/N/1/ZWE/ 3 
- 16 - 
  (a) imports from certain countries have increased in disproportionate 
percentage in relation to the total increase in imports of the product that 
is being investigated during the representative period; and  
(b) the reasons for the departure from the methodology for quota allocation 
envisaged under subsections (3) and (4) are justified; and  
(c) the conditions of such departure are equitable to all suppliers of the 
product concerned.  
 (7) Notwithstanding section thirty -eight, a definitive safeguard measure in the form of a quota 
allocated on the alternative basis provided for in subsection (6) shall not be extended beyond the 
initial period of its application.  
Notification in the event of termination of an investigation  
with no safeguard measures applied  
34 If at any point during an investigation, the Investigating Authority terminates the investigation 
with no definitive safeguard measure applied, for example in the event of a negative  serious injury 
finding, or in the event that application of a safeguard measure is determined not to be in the public 
interest, the Government shall immediately notify the Committee of the termination of the 
investigation, in conformity with the requireme nts established by the Committee.  
Duration of a definitive safeguard measure  
35 (1) A definitive safeguard measure shall be applied for a period of no more than 4 years , 
including the period of application of any provisional measure, unless it is extended as provided for 
in section thirty -eight. 
 (2) The total duration of a definitive safeguard measure, including the period of application of 
any provisional measure, the period of initial application, and any extension thereof pursuant to 
section thirty -eight, shall not exceed, in accordance with the provisions of Articles 7.3 and 9.2 of the 
Agreement, 10 years.  
Progressive liberalisation  
36 A definitive safeguard measure whose period of application exceeds 1 year shall be progressively 
liberalised at regular  intervals during the period of application, in accordance with the requirements 
of section twenty -nine. 
Review  
37 (1) If the duration of a definitive safeguard measure, including the period of application of any 
provisional measure, exceeds 3 years , not l ater than the mid -term of the period of application of 
the measure, the Investigating Authority shall examine the situation, through a review conducted, 
with the necessary changes, in accordance with the procedures set forth in sections twelve to twenty 
of these regulations, including a review of the effects of the definitive safeguard measure on the 
domestic industry concerned, and of the industry's progress in implementing its adjustment plan.  
 (2) The results of the review shall be published in a report prepared by the Investigating Authority 
and, based on the results of the review, the Investigating Authority shall decide to maintain or 
withdraw the definitive safeguard measure or to increase the pace of liberalisation.  
 (3) A notice to maintain, liberal ise or withdraw a definitive safeguard measure, summarising the 
results of the review, shall be published in the Gazette and the contents of such notice shall conform, 
with the necessary changes, with the requirements as provided for in section twenty - nine. 
 (4) The Government shall notify the results of the review, including the withdrawal or any 
modification of the definitive safeguard measure, to the WTO Council for Trade in Goods through the 
Committee, in conformity with the requirements established by the Committee.  G/SG/N/1/ZWE/ 3 
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  Extension of a definitive safeguard measure  
38 (1) If the domestic industry considers that there is a continuing need to supply a definitive 
safeguard measure beyond the initial period of application, it shall -submit, to the I nvestigating 
Authority, not less than 6 months before the end of that period, a written request for the extension 
of the measure, including evidence that the industry is carrying out its adjustment plan.  
 (2) The Investigating Authority shall conduct an in vestigation to determine whether an extension 
is warranted and for the purpose of such investigation and determination, the procedures set forth 
in these regulations when applying for the original measure shall be followed with the necessary 
changes.  
 (3) Subject to section thirty -three (6), a safeguard measure may be extended once only, for a 
period of  not more than 6 years . 
 (4) The Investigating Authority may extend a definitive safeguard measure only if it determines 
through the investigation referred to  in subsection (2), that the measure continues to be necessary 
to prevent or remedy serious injury, and that there is evidence that the domestic industry is 
adjusting.  
 (5) An extended definitive safeguard measure shall not be more restrictive than at the end of 
the initial period of application and during the extension period, the measure shall continue to be 
progressively liberalised in accordance with the requirements of section twenty -nine. 
 (6) In extending a definitive safeguard measure the Government shall endeavour to maintain a 
substantially equivalent level of concessions and other obligations to that existing under GATT 1994 
between Zimbabwe and the exporting Members which would be affected by such measures.  
 (7) The requirements pertain ing to notifications to the Committee and the WTO Council for Trade 
in Goods set forth in sections twelve, twenty -three, twenty -seven, thirty, thirty -three and thirty -four 
of these regulations, and the requirements pertaining to consultations with exportin g Members 
whose interests would be affected by the measure set forth in sections twenty -three, thirty and 
thirty -three of these regulations, shall apply in full to any extension of a safeguard measure.  
Reapplication of safeguard measure  
39 (1) No new safeg uard measure shall be applied again to the import of a product which has been 
subject to a definitive measure first applied after 1 January 1995 for a period of time equal to ½ 
of the duration of such earlier definitive safeguard measure, provided the peri od of application is at 
least 2 years.  
 (2) Notwithstanding subsection (1), a safeguard measure with a duration of 180 days or less 
may be applied to the imports of an product that is being investigated which was the subject of an 
earlier safeguard measure  if- 
(a) at least 1 year has elapsed since the date of imposition of the earlier safeguard 
measure on the imports of that product; and  
(b) (b) a safeguard measure has not been applied on imports of the product more 
than twice in the 5 year period immediately prece ding the date on which the 
new safeguard measure is to take effect.  G/SG/N/1/ZWE/ 3 
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  PART VI   
MISCELLANEOUS PROVIS IONS  
International obligations  
40 These regulations shall be applied in conformity with the obligations of Zimbabwe under the 
Agreement Establishing the World Trade Organization, done at Marrakesh, on 15 April 1994, 
including the General Agreement on Tariffs and Trade 1994 (GATT 1994) and the Agreement on 
Safeguards.  
Implementing measures  
41 The Investigating Authority may adopt such regul ations as may be necessary for the 
implementation of these regulations . 
Secrecy  
42 Section 48 of the Act shall apply to these regulations.  
1 These regulations may be cited as the Competition (Safeguards) (Investigation) Regulations, 2006  
2 The Investigatin g Authority may apply a safeguard measure on a product imported into 
Zimbabwe only if it has determined, pursuant to an investigation conducted in accordance with 
these regulations, that as a result of unforeseen developments and of the effect of obligatio ns 
incurred by Zimbabwe under the GATT 1994 , the product that is being investigated is being 
imported in such increased quantities, absolute or relative to domestic production, and under such 
conditions as to cause or threaten to cause serious injury to th e domestic industry producing 
similar to or directly competitive products, and that the application of such a measure is in the public 
interest.  
3 In these regulations  
"Agreement " means the Agreement on Safeguards of the World Trade Organization;  
"Committee " means the Committee on Safeguards of the World Trade Organization;  
"country " includes all WTO members and any other country or autonomous customs territory;  
"customs authorit y" means the Zimbabwe Revenue Authority established in terms of section 3 
("Establishment of Revenue Authority") of the Revenue Authority Act [ Chapter 23:11 ]; 
"domestic industry " shall mean the producers as a whole of products which are similar to or directly 
competitive with the product that, is being investigated, operating within Zimbabwe or those 
producers operating within Zimbabwe whose collective output of similar or directly competitive 
products constitutes a major proportion of the total domest ic production of those products;  
"GATT 1994 " means the General Agreement on Tariffs and Trade 1994 whose parts are described 
in Annex IA to the World Trade Organisation Agreement;  
"interested parties " means  
(a) the exporter and foreign producer of the product  that is being 
investigated;  
(b) the importer of the product that is being investigated;  
(c) trade or business associations in which a majority of the members 
are producers, exporters or importers of the product that is being 
investigated;  G/SG/N/1/ZWE/ 3 
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  (d) the government of the e xporting country;  
(e) the producer of the domestic product which is similar to or directly 
competitive with the product that is being investigated in 
Zimbabwe;  
(f) trade or business associations in which a majority of the members 
are producers of the product which  is similar to or directly 
competitive with products in Zimbabwe;  
(g) trade unions or other organisations representing the interests of 
workers in the domestic industry;  
(h) consumer associations;  
(i) industrial users of the product that is being investigated;  
(j) any oth er person which the Investigating Authority determines to 
have a sufficient interest in the outcome of the investigation;  
"Investigating Authority " means the Commission;  
"Member " means a member of the World Trade Organization;  
"participating interested par ties" means those interested parties that have indicated their 
interest in participating in an investigation, in accordance with section eleven of these regulations;  
"product that is being investigated " means the imported product subject to a safeguard 
investigation in terms of these regulations, and as described in the notice of initiation;  
"serious injury " means a significant overall impairment in the position of a domestic industry;  
"threat of serious injury " mean serious injury that is clearly imminent ; 
"WTO " means the World Trade Organization.  
4 The following matters shall be within the exclusive competence of the Investigating Authority - 
(a) decisions relating to the application, suspension and withdrawal of safeguard 
measures and those relating to the modification or extension of the corresponding 
periods of application;  
(b) the conduct of investigations relating to serious injury or threat thereof and the 
reason for it.  
5 (1) The Investigating Authority shall be bound, in performing the functions assigned to it under 
these regulations, by the provisions of these regulations and shall perform those functions in an 
impartial and transparent manner.  
 (2) Subject to sections sixteen and forty-two, the Investigating Authority and any person acting 
under its auth ority, shall not disclose any information to any person who is not employed in carrying 
out the provisions of these regulations without the written permission of the person by whom or on 
whose behalf the information was submitted.  
6 (1) A determination of whether increased imports of the product that is being investigated have 
caused or are threatening to cause serious injury to a domestic industry shall be based on an 
evaluation of all relevant factors of an objective and quantifiable nature having a beari ng on the 
situation of an industry, in particular - G/SG/N/1/ZWE/ 3 
- 20 - 
  (a) the rate and amount of the increase in imports of the product that is being 
investigated, in absolute terms and relative to domestic production of like or 
directly competitive products;  
(b) the share of the do mestic market taken by increased imports of the product that 
is being investigated;  
(c) the prices of the product that is being investigated, especially for the purposes of 
determining whether prices lower than those of the domestic product or the 
product that  competes with it directly have been recorded;  
(d) the impact of increased imports of the product that is being investigated on the 
domestic industry, as evidenced by relevant indicators including - 
(i) production;  
(ii) capacity utilization;  
(iii) inventories;  
(iv) sales;  
(v) market share;  
(vi) prices, where the domestic price declines or the failure of domestic prices 
to increase as they otherwise would have done in the absence of increased 
imports;  
(vii) productivity;  
(viii)  profits and losses;  
(ix) return on investments;  
(x) cash flow;  
(xi) employment;  
(e) factors other than increased imports of the product that is being investigated 
which at the same time are causing or threatening to cause serious injury to the 
domestic industry.  
 (2) The Investigating Authority may only determine that increased imports of the product that is 
being investigated have caused or are threatening to cause serious injury to the domestic industry 
if it finds that there is genuine and substantial relationship of cause and effect between the increased 
imports and  the actual, or threatened, serious injury.  
 (3) When there are factors other than increased imports of the product that is being investigated, 
which at the same time are causing or threatening to cause serious injury to the domestic industry, 
such injury shall not be attributed to the increased imports.  
7 (1) A determination of threat of serious injury caused by increased imports shall be based on facts 
and not merely on conjecture or remote possibility.  
 (2) In considering whether increased imports threat en to cause serious injury, the Investigating  
Authority shall evaluate, in addition to the factors cited in section six, the following  
(a) the actual and potential export capacity, of the country of production 
or origin;  G/SG/N/1/ZWE/ 3 
- 21 - 
  (b) any build up of inventories in Zimbabw e and in the country of 
exportation;  
(c) the probability that exports of the product that is being investigated 
will enter the  Zimbabwean market in increased quantities;  
(d) any other factor deemed relevant by the Investigating Authority.  
8 An investigation to det ermine whether increased imports of the product that is being investigated 
have caused or threaten to cause serious injury to a domestic industry may be initiated  
(a) upon a written request addressed to the Investigating Authority by or 
on behalf of a domestic  industry; or  
(b) on the initiative of the Investigating Authority.  
9 (1) A written request for the application of a safeguard measure shall include such information as 
is reasonably available to the applicant on the following  
(a) a complete description of the imported product, including its technical 
characteristics and uses, and an identification of its tariff classification 
and the duties applicable;  
(b) a complete description of the domestic product or its direct competitive 
product, including its technical char acteristics and uses;  
(c) the names and addresses of the enterprises or entities represented in 
the application (" the requesting enterprises "), and of all other 
known producers of domestic product or its direct competitive product;  
(d) the percentage of domestic  production of the domestic product or its 
direct competitive product represented by the requesting enterprises;  
(e) information on the volume and value of the imported product for each 
of the 3 calendar years preceding the request, and any more recent 
partial  year data, by country of origin;  
(f) a description of the increase in imports alleged to exist, in particular, 
whether such increase is absolute, relative to domestic production, or 
both;  
(g) information relevant to the existence of serious injury or threat there of 
to the domestic industry, for each of the 3 calendar years preceding 
the request, and any more recent partial year data, including but not 
limited to - 
(i) with respect to serious injury  
A. volume and value of domestic production;  
B. utilization of production capa city;  
C. changes in inventory levels;  
D. market share;  
E. changes in sales levels;  
F. level of employment and wages in the domestic industry;  G/SG/N/1/ZWE/ 3 
- 22 - 
  G. changes in price levels;  
H. productivity;  
I. profit and loss;  
J. return on investment;  
K. cash flow;  
L. any other indicators considered re levant;  
(ii) with respect to threat of serious injury, if alleged, also the 
following  
A. export capacity in the exporting countries;  
B. inventories in Zimbabwe and in the exporting countries;  
C. information regarding the probability that imports will increase, including, 
e.g., trade restrictions on exports to third country markets.  
(h) an explanation, in light of the data provided in the request and the 
requirements of these regulations, of the reason s why it is believed that 
serious injury or threat thereof exists and is caused by the increased 
imports;  
(i) information on relevant unforeseen developments;  
(j) information on the effect of relevant obligations incurred by Zimbabwe 
under  GATT 1994;  
(k) a statement g iving specific reasons for seeking application of a 
safeguard measure, for example, to facilitate the orderly transfer of 
resources to more productive uses, to improve competitiveness or to 
adapt to new conditions of competition, together with the type 
quantities and level of the measure considered necessary to ensure the 
achievement of the objectives pursued;  
(l) an explanation why the application of the safeguard measure would be 
in the public interest;  
(m)  a plan for adjusting the domestic industry to competiti on from 
imports, in accordance with the objectives described in the previous 
paragraph; and  
(n) if a provisional measure is sought, information regarding critical 
circumstances where delay in taking action would cause damage to the 
industry which would be diff icult to repair, and a statement stating the 
level of tariff increase requested as a provisional measure.  
10 Any request under article 9 may be withdrawn prior to initiation, in which case it shall be 
considered not to have been made.  
11 (1) The Investigat ing Authority may initiate the investigation whether at the request of a domestic 
industry or on its own initiative, only when it has determined that there is sufficient evidence that, 
as a result of unforeseen developments and of the effect of obligations  incurred by Zimbabwe under 
GATT  1994, the product that is being investigated is being imported in such increased quantities, 
absolute or relative to domestic production, and under such conditions as to cause or threaten to 
cause serious injury to domestic  industry producing like or directly competitive products.  G/SG/N/1/ZWE/ 3 
- 23 - 
   (2) Where a request from a domestic industry has been received, the Investigating Authority 
may seek such additional information as it deems necessary, including from the requesting 
enterprises, before deciding whether to initiate an investigation.  
 (3) Where the Investigating Authority decides not to initiate an investigation in response to a 
request, it shall notify the requesting enterprise of the reasons for not initiating the inv estigation.  
 (4) Where a request has been received, the Investigating Authority shall normally decide whether 
or not to initiate a safeguard investigation within 14 days of the date of receipt of the request:  
Provided that where the request involves comple x issues, or if the Investigating Authority has sought 
additional information as provided in for in subsection (1), this time period may be extended to 21 
days.  
12 (1) Immediately after taking a decision regarding initiation, whether in the affirmative or in the 
negative, the Investigating Authority shall provide direct written notice of that decision to the known 
exporting countries, and shall notify the interested parties through the publication of a notice 
regarding initiation of the safeguard investigat ion in the Gazette and the date of publication of the 
notice shall be the date of the initiation of the safeguard investigation.  
 (2) Interested parties desiring to participate in the investigation shall have a period of 30 days 
from the date of initiation to indicate to the Investigating Authority in writing their interest in 
participating in the investigation:  
Provided that the Investigating Authority may, if it thinks fit, extend the period within which 
interested parties may indicate their int erest in participating in the investigation.  
 (3) The decision to initiate the investigation shall be notified to the Committee and such 
information shall be made immediately after the initiation of the investigation, and shall conform to 
the requirements established by the Committee.  
13 (1) The notice regarding initiation of a safeguard investigation shall include the following 
information  
(a) a complete description of the product that is being investigated, including its 
technical characteristics and uses, an d an identification of its tariff 
classification and the duties applicable;  
(b) a complete description of the domestic product or the product that competes 
with it directly, including their technical characteristics and uses;  
(c) the names of the requesting enterp rises, if any, and of all other known 
producers of the domestic product or the product that competes with it 
directly;  
(d) the country or countries of origin of the investigative product;  
(e) summary of the unforeseen developments that led to the alleged increase in 
imports of the product that is being investigated or the change in the 
conditions under which such imports occur, and a summary of the effects of 
the relevant obligations incurred by Zimbabwe under the GAAT 1994;  
(f) contact information: the name, address a nd telephone number of contact 
person at the  Investigating Authority in writing;  
(g) statement that the date of initiation is the date of publication of the notice 
regarding initiation of the safeguard investigation;  
(h) whether or not application of a provisional  measure will be considered;  G/SG/N/1/ZWE/ 3 
- 24 - 
  (i) the proposed schedule for the investigation, including  
(i) the date by which interested parties desiring to participate in the 
investigation must inform the Investigating Authority;  
(ii) where application of a provisional meas ure will be considered, the 
schedule for and deadlines pertaining to the preliminary phase of the 
investigation, for example the deadline for any written arguments or other 
submission's;  
(iii) the date by which a hearing, if required, must be requested;  
(iv) the proposed dates for the determination regarding application of a 
provisional safeguard measure, if relevant, for the determination 
regarding serious injury or threat thereof and causation, and for any 
decision regarding the application of the safegua rd measure.  
 (2) Where the Investigating Authority has decided not to initiate an investigation, the notice 
regarding initiation of a safeguard investigation must contain the following information - 
(a) the identity of the requesting enterprises, and the domestic products with 
respect to which initiation was requested;  
(b) an identification of the imported products;  
(c) the reasons for not initiating an investigation.  
14 (1) The Investigating Authority shall complete the investigation within 6 months from the date  
of the initiation.  
 (2) The Investigating Authority may extend this period once only, for a further period of 
2 months.  
 (3) Where the application of a provisional measure is to be considered, the Investigating 
Authority  shall reach a determination in acc ordance with the provisions of section twenty -one not 
earlier than 60  days and not later than 90 days from the date of initiation of the investigation.  
 (4) During the investigation, the Investigating Authority shall establish, and shall make known 
immedia tely to all participating interested parties, such deadlines as are necessary for the conduct 
of the investigation.  
 (5) The deadlines established by the Investigating Authority shall provide sufficient opportunities 
for all participating interested partie s to make their views known on the matters being considered in 
the investigation and to this end the Investigating Authority shall allow sufficient time for the 
submission of responses to questionnaires and other requests by the Investigating Authority for  
information, for the preparation and submission of other evidence deemed relevant by participating 
interested parties,  and for the submission of participating interested parties' views, including with 
respect to the views and presentations of other partic ipating interested parties and with respect to 
whether or not the application of a safeguard measure would be in the public interest.  
15 (1) The Investigating Authority may request directly from the participating interested parties, 
customs agents, inspect ion companies, forwarders and other enterprises and entities of the public 
and private sectors such data and information as it considers relevant to the performance of its task 
and the recipients of such requests shall provide the data and information as r equested within the 
time limits allowed.  
 (2) The Investigating Authority may conduct on the spot investigations to verify or obtain further 
details concerning the information provided and where such investigations are conducted, the 
Investigating Authorit y shall prepare a report describing the findings of the verification and this 
verification report, with the exception of any confidential information, shall be placed promptly in 
the public file.  G/SG/N/1/ZWE/ 3 
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  16 (1) Any information which is by nature confidential or wh ich is provided on a confidential basis 
shall, upon cause shown, be treated as such by the Investigating Authority and such information 
shall not be disclosed without the consent of the entity which provided the information.  
 (2) An entity which provides a ny confidential information shall furnish non -confidential 
summaries thereof or, if such an entity indicates that such information cannot be summarized, the 
reasons why a summary cannot be provided.  
 (3) If the Investigating Authority finds that a request for confidential treatment is not warranted, 
and if the provider of the information is unwilling to make the information public, the Investigating 
Authority shall disregard such information, and shall return the information concerned to the person 
submitti ng it. 
 (4) The provision by the Government of confidential information to a WTO dispute settlement 
panel, upon request of the panel to the context of a dispute concerning the consistency with the 
international  obligations of Zimbabwe of the safeguard meas ure or investigation in connection with 
which the information was obtained shall not be deemed to be a disclosure of confidential information 
within the meaning of this section and the Government shall request that the panel requesting the 
information make  a reasonable efforts to preserve the confidentiality of the information provided to 
it. 
17 (1) All participating interested parties shall have the opportunity, in accordance with the 
provisions of this section, to present evidence and arguments in writing  including responses to the 
written and oral presentations of other participating interested parties and views as to whether or 
not application  of a safeguard measure would be in the public interest.  
 (2) In an investigation in which application of a provi sional safeguard measure will be considered, 
any participating interested party may submit written arguments concerning any matter it considers 
relevant to the preliminary phase of the investigation no later than 14 days before the date proposed 
for the de termination regarding the application of a provisional safeguard measure.  
 (3) In an investigation in which no hearing is requested, any participating interested party may 
submit written arguments concerning any matter it considers relevant to the investig ation not later 
than 45 days before the date proposed for the determination regarding serious injury or threat 
thereof and causation and participating interested parties shall have a further 10 days after the 
deadline for initial written submissions to sub mit any written response to the written submissions of 
other participating interested parties.  
 (4) In an investigation in which a hearing is held, not later than 10 days before the scheduled 
date of the hearing, any participating interested party may submit written arguments and 
information concerning any matter it considers relevant to the investigation and following the 
hearing, interested parties who participated in the hearing may, within 10 days, submit further 
written arguments in response to any  arguments and information presented at the hearing.  
18 (1) The Investigating Authority shall, upon request of a participating interested party made not 
later than 15 days after publication of the determination regarding the application of a provisional 
measure, or if the application of a provisional measure will not be considered, not later than 45 
days after initiation, schedule a hearing at which all participating interested parties may present 
information and arguments orally and any hearing shall be he ld not less than 60 days prior to the 
date proposed for the determination regarding serious injury or treat thereof and causation.  
 (2) There shall be no obligation on any participating interested party to appear at a hearing, and 
failure to do so shall no t be prejudicial to that participating interested party's case and the 
Investigating Authority shall, to the maximum extent possible, organise hearings so as to take into 
account the convenience of the participating interested parties.  
 (3) Participating p arties intending to appear at a hearing shall notify the Investigating Authority 
at least 7 days before the date of the hearing of the names of their representatives and witnesses 
who will appear at any hearing.  G/SG/N/1/ZWE/ 3 
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   (4) Hearings shall be presided over by the Investigating Authority, who shall ensure that 
confidentiality is preserved, and who shall organise hearings in a manner that ensures that all 
participating  interested parties have an adequate opportunity to present their views.  
 (5) The Investigating Authority shall maintain a record of the hearing, which shall be promptly 
placed in the public file, with the exception of any confidential information.  
19 (1) The Investigating Authority shall establish and maintain a public file relating to  each 
investigation or other proceeding conducted under these regulations.  
 (2) Subject to section sixteen , the Investigating Authority shall promptly place in the public file  
(a) all written determinations and public notices relating to the investigations;  
(b) all materials, including questionnaires, responses to questionnaires and written 
communications, issued by or submitted to the Investigating Authority;  
(c) all other information developed or obtained by the Investigating Authority including 
any verification repo rt prepared pursuant to Article 15; and  
(d) the record of any hearing conducted pursuant to Article 18; and  
(e) any other documents the Investigating Authority deems appropriate for public 
disclosure.  
 (3) The public file shall be available to the general public, during normal working hours, for 
review and copying at the offices of the Investigating Authority throughout the course of the 
investigation.  
20 (1) If at any time during the investigation, any participating interested party  
(a) refuses access to, or otherwise  does not provide, necessary information within the 
period of time prescribed by the Investigating Authority; or  
(b) otherwise significantly impedes the investigation;  
the Investigating Authority may make its determination on the basis of the information avail able_  
 (2) The Investigating Authority, shall take due account of any difficulties experienced by 
participating interested parties, including small companies, in supplying information requested and 
in that context, the Investigating Authority shall provide  any assistance practicable and may extend 
the time period prescribed for the submission of any information.  
21 (1) The relief of a provisional safeguard measure may be granted only if the Investigating  
Authority is satisfied  
(a) that there are critical circum stances, and that any delay in taking an action would 
cause damage which would be difficult to repair; and  
(b) that there is clear evidence that, as a result of unforeseen development and of the 
effect of obligations incurred by Zimbabwe under GATT 1994, the p roduct that is 
being investigated is being imported in such increased quantities and under such 
conditions as to cause or threaten to cause serious injury to the domestic industry 
producing like or directly competitive products.  
 (2) A provisional safeguar d measure shall take the form only of a refundable increase in customs 
duties.  
22 (1) Immediately upon taking a decision regarding the application of a provisional safeguard 
measure, the Investigating Authority shall publish a notice to this effect in the Gazette.  G/SG/N/1/ZWE/ 3 
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   (2) If a decision is made to apply a provisional safeguard measure, the notice made in terms of 
subsection (1) shall include the following information - 
(a) a complete description of the product that is being investigated, including its 
technical characteristics and uses, and an identification of its tariff classification and 
the duties applicable;  
(b) the volume and value of the imported product for each of the 3 calendar years 
preceding the request, and any more recent partial year data, by  country of origin;  
(c) a complete description of the domestic product or the product that competes with 
it directly, including their technical characteristics and uses;  
(d) the names of all known producers of the domestic product or the product that 
competes with  it directly;  
(e) the basis for the determination of critical circumstances, where delay would cause  
damage that would be difficult to repair, and the basis for the determination of the 
existence of clear evidence that, as a result of unforeseen developments a nd of the 
effect of obligations incurred by Zimbabwe under the GATT 1994, the product that 
is being investigated is being imported in such increased quantities and under such 
conditions as to cause or threaten to cause serious injury to the domestic indust ry 
producing like or directly competitive products;  
(f) the amount of tariff increase proposed as the provisional safeguard measure;  
(g) the intended duration of the provisional safeguard measure.  
 (3) If the Investigating Authority decides not to apply a provisio nal safeguard measure, the 
notice regarding the application of a provisional safeguard shall include the following information - 
(a) complete description of the product that is being investigated, including its technical 
characteristics and uses, and an identif ication of its tariff classification and the duties 
applicable;  
(b) an identification of the domestic product or the product that competes with it 
directly;  
(c) an explanation of the reasons for the decision not to apply a provisional safeguard  
measure;  
(d) a stateme nt indicating whether the investigation will be terminated at that point, or 
continued through the final phase.  
23 (1) After a decision has been taken to apply a provisional safeguard measure, but before the 
measure takes effect, the Government shall immed iately notify the Committee in conformity with 
the requirements established by the Committee.  
 (2) As soon as the measure has been applied, the consultations referred to in Articles 12.4 of 
the Agreement shall be initiated.  
24 A provisional safeguard measu re shall be applied for a maximum of 200 days and may be 
suspended before its date of expiry by a decision of the Investigating Authority . 
25 (1) The amount of a provisional safeguard measure shall be collected and paid in refundable 
form, or guaranteed by  the furnishing of a bond or deposit in favour of the customs authority.  
 (2) Any amount collected as a provisional safeguard measure shall be promptly refunded, and 
any bond or deposit shall be promptly released, if the subsequent investigation does not r esult in a G/SG/N/1/ZWE/ 3 
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  determination that increased imports have caused or threaten to cause serious injury to the domestic 
industry.  
 (3) The Investigating Authority shall be responsible for the assessment of provisional safeguard 
measures.  
 (4) The customs authority  shall be responsible for the collection of the provisional measure.  
26 (1) The Investigating Authority shall determine, in conformity with sections six and seven , and 
on the basis of objective evidence obtained in the investigation, whether increased imports of the 
product that is being investigated have caused or threaten to cause serious injury to the domestic 
industry . 
 (2) The determination made in term of subsection (1) shall be published in a report containing 
a detailed analysis, inclu ding a demonstration of the relevance of the factors examined by the 
Investigating Authority, of the information obtained in the investigation and setting forth the 
Investigating Authority's findings and reasoned conclusions on all pertinent issues of the fact and 
law. 
27 (1) The Investigating Authority shall, immediately upon reaching its determination, publish in the  
Gazette , a notice of its determination regarding any serious injury or threat thereof and its causation.  
 (2) The notice referred to subsect ion (1) shall include  
(a) a complete description of the product that is being investigated, including its 
technical characteristics and uses, and an identification of its tariff classification and 
the duties applicable;  
(b) a complete description of the domestic p roduct or the product that competes with 
it directly, including their technical characteristics and uses.  
(c) the names of all known producers of the domestic product or the product that 
competes with it directly;  
(d) the country or countries of origin of the prod uct that is being investigated;  
(e) a summary of the information obtained in the investigation, the factors considered 
and the relevance thereof, and findings and conclusions reached on the issues of 
fact and law considered, and the reasons thereof.  
 (3) The G overnment shall immediately notify the Committee if it is determined that increased 
imports have caused or threaten to cause serious injury to the domestic industry and any such 
notification shall conform to the requirement established by the Committee.  
28 (1) Where the Investigating Authority determines - 
(a) that as a result of unforeseen developments and of the effect of obligations incurred 
by Zimbabwe under the GATT 1994, the product that is being investigated is being 
imported in such increased quantities and under such conditions as to cause or 
threaten to cause serious injury to the domestic industry producing similar or 
identical products or the product that competes with it directly; and  
(b) that application of a definitive safeguard measure is in the publi c interest;  
the Investigating Authority may apply definitive safeguard measures.  
 (2) The duration and level of any such measure shall be no more than is necessary to prevent or 
remedy the serious injury and to facilitate adjustment.  G/SG/N/1/ZWE/ 3 
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   (3) In deciding wheth er to apply a definitive safeguard measure, the Investigating Authority shall 
take into account the fact that, if adequate trade compensation cannot be agreed with the Members 
whose exporting interests would be affected by the measure, those Members shall be free, in 
accordance with the Agreement, to suspend substantially equivalent concessions under GATT  1994:  
Provided that such suspension is not disapproved by the Council for Trade in Goods of the WTO.  
The Investigating Authority shall also take into acco unt that the right of suspension of equivalent  
concessions shall not be exercised for the 3 years that a safeguard measure is in effect, including 
the period of application of any provisional safeguard measure, and that the measure has been taken 
as a resu lt of an absolute increase in imports.  
29 (1) The Investigating Authority shall, immediately upon taking a decision regarding the 
application of a definitive safeguard measure, publish in the Gazette a notice regarding the 
application of the safeguard meas ure. 
 (2) The notice referred to in subsection (1) shall contain the following information  
(a) a complete description of the product that is being investigated, including its 
technical characteristics and uses, and an identification of its tariff classification and 
the duties applicable;  
(b) the volume and value of the imported product for each of the 3 calendar years 
preceding the request, and any more recent partial -year data, by country of origin;  
(c) a complete description of the domestic product or th e product that competes with 
it directly, including their technical characteristics and uses;  
(d) the names of all known procedures of the domestic product or the product that 
competes with it directly;  
(e) a summary of the unforeseen developments that led to the increase in imports of 
the product that is being investigated, or to the change in the conditions under 
which such imports occur;  
(f) a summary of the effects of relevant obligations incurred by Zimbabwe under the  
GATT 1994;  
(g) a summary of the affirmative injury  determination, including the injury factors 
considered and the relevance thereof, as well as of the findings and conclusions, 
and the reasons thereof, on the issues of fact and law considered in respect of 
injury, or a cross -reference to the "Notice of De termination regarding Serious Injury 
or Threat thereof and Causation";  
(h) the reasons for which the Investigating Authority has considered that application of 
a definitive safeguard measure is in the public interest;  
(i) details concerning the domestic industry's  adjustment plan;  
(j) the form, level and duration of the proposed definitive safeguard measure, and an 
explanation thereof in terms of the requirement of section twenty -eight(2) and the 
domestic industry's adjustment plan;  
(k) the proposed date of application of the definitive safeguard measure;  
(l) if a quantitative restriction is proposed, the allocation of the quota among the 
supplier countries, and an explanation and the relevant information, in terms of 
section thirty -three , regarding the basis on which allocatio n has been made;  G/SG/N/1/ZWE/ 3 
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  (m) if the proposed duration of the measure is more than 1 year , a timetable for the 
progressive liberalisation of the measure;  
(n) an identification of the developing countries exempted from the measure.  
 (3) If the decision is not to apply a def initive safeguard measure, the notice referred to in 
subsection  (1) shall set forth the factual and legal basis for the decision.  
30 (1) Immediately upon a decision to apply a definitive safeguard measure, but before such 
measure takes effect, the Governme nt shall notify the Committee regarding the evidence of serious 
injury or threat thereof caused by increased imports, the precise description of the product that is 
being investigated, the form, level and duration of the proposed measure, the proposed date  of 
application of the measure, and if relevant, the proposed timetable for its progressive liberalisation.  
 (2) Any notification made in terms of subsection (1) shall conform to the requirement established 
by the Committee.  
 (3) Before a definitive safegu ard measure is applied, the Government shall provide adequate 
opportunity for consultations with those Members having interest as exporters of the product that is 
being investigated, with a view to inter alia reviewing the information notified to the Commi ttee 
regarding the finding of serious injury or threat thereof caused by increased imports and regarding 
the proposed measure, exchanging views about the measure, and reaching an understanding on 
ways to achieve the objective set forth in subsection (4).  
 (4) In applying a definitive safeguard measure, the Government shall endeavour to maintain a 
substantially equivalent level of concessions and other obligations to that existing under GATT 1994 
between Zimbabwe and the exporting Members which would be affe cted by such measures.  
 (5) For the purposes of maintaining a substantially equivalent level of concessions and other 
obligations as referred to in subsection (4), agreement may be reached with affected Members, 
through the consultations referred to in sub section (3) above, on any adequate means of trade 
compensation for the adverse effects of the definitive safeguard measure on the trade of those 
Members.  
 (6) The Government shall notify the Council for Trade in Goods of the WTO immediately, through 
the Committee, of the results of the consultations, including any compensation granted.  
31 (1) A definitive safeguard measure shall normally be applied in the form of either a tariff increase 
or a quota on imports.  
 (2) Subject to section thirty -two, any definitive safeguard measure shall be applied to all imports 
of the product that is being investigated, irrespective of source, entered on or after the date on 
which the measure takes effect.  
 (3) The customs authority shall be organ responsible for the  
(a) administration of a definitive safeguard measure in the form of a quantitative 
restriction;  
(b) collection of a definitive safeguard measure in the form of a tariff increase.  
32 (1) Notwithstanding any other provisions of these regulations, a definitive safeg uard measure 
shall not be applied to imports of the product that is being investigated if it originates in a developing  
country Member as long as those imports account for no more than 3% of Zimbabwe' s total imports 
of the product that is being investigat ed. 
 (2) Notwithstanding subsection (1), if imports from developing country Members which 
individually account for less than 3 % of Zimbabwe's imports of the product that is being 
investigated collectively account for more than 9 % of Zimbabwe' s imports of the product that is 
being investigated, a definitive safeguard measure may be applied to such imports from those 
developing country Members.  G/SG/N/1/ZWE/ 3 
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   (3) The Government shall notify the non -application of definitive safeguard measure to imports 
originating in a de veloping country Member to the WTO Committee on Safeguards, in conformity 
with the requirements established by the Committee.  
33 (1) A definitive safeguard measure in the form of a quota on imports of the product that is being 
investigated shall not reduce  the quantity of those imports below the average level registered in the 
most recent 3 representative years for which statistics are available.  
 (2) Notwithstanding subsection (1), the Investigating Authority may, upon clear justification that 
a different level is necessary to prevent or remedy serious injury or the threat of serious injury, 
apply a quota which reduces the quantity of imports of the product that is being investigated below 
the average level registered in the most recent 3 representative yea rs for which statistics are 
available.  
 (3) If more than 1 country exports the product that is being investigated to Zimbabwe, any quota 
on imports shall be allocated among supplying countries and the Government shall attempt to reach 
agreement with those Members having a substantial interest in supplying the product that is being 
investigated as to the allocation of shares of the total quota amount.  
 (4) Where the Investigating Authority determines that the method set forth in subsection (3) is 
not reasona bly practical for allocation of the quota, the Investigating Authority shall allocate the 
quota among countries having a substantial interest in supplying the product that is being 
investigated.  
 (5) The allocation of the quota shall be based upon the prop ortions of the product that is being 
investigated supplied by such countries during the previous 3 years and in allocating the quota 
among supplying countries, the Investigating Authority shall take due account of any special factors 
which may have affecte d or may be affecting trade in the product that is being investigated.  
 (6) Notwithstanding subsections (3) and (4), in a case in which serious injury to the domestic 
industry has been found, the Investigating Authority may allocate the quota among supplyi ng 
countries on a different basis, provided that consultations have been held with supplying Members 
under the auspices of the Committee, and clear demonstration is provided to the Committee that  
(a) imports from certain countries have increased in disproporti onate percentage in 
relation to the total increase in imports of the product that is being investigated 
during the representative period; and  
(b) the reasons for the departure from the methodology for quota allocation envisaged 
under subsections (3) and (4) ar e justified; and  
(c) the conditions of such departure are equitable to all suppliers of the product 
concerned.  
 (7) Notwithstanding section thirty -eight, a definitive safeguard measure in the form of a quota 
allocated on the alternative basis provided for in s ubsection (6) shall not be extended beyond the 
initial period of its application.  
34 If at any point during an investigation, the Investigating Authority terminates the investigation 
with no definitive safeguard measure applied, for example in the event of  a negative serious injury 
finding, or in the event that application of a safeguard measure is determined not to be in the public 
interest, the Government shall immediately notify the Committee of the termination of the 
investigation, in conformity with th e requirements established by the Committee.  
35 (1) A definitive safeguard measure shall be applied for a period of no more than 4 years , 
including the period of application of any provisional measure, unless it is extended as provided for 
in section thirty-eight. 
 (2) The total duration of a definitive safeguard measure, including the period of application of 
any provisional measure, the period of initial application, and any extension thereof pursuant to G/SG/N/1/ZWE/ 3 
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  section thirty -eight, shall not exceed, in accordan ce with the provisions of Articles 7.3 and 9.2 of the 
Agreement, 10 years.  
36 A definitive safeguard measure whose period of application exceeds 1 year shall be progressively 
liberalised at regular intervals during the period of application, in accordance with the requirements 
of section twenty -nine. 
37 (1) If the duration of a definitive safeguard measure, including the period of application of any 
provisional measure, exceeds 3 years , not later than the mid -term of the period of application of 
the measure, the Investigating Authority shall examine th e situation, through a review conducted, 
with the necessary changes, in accordance with the procedures set forth in sections twelve to twenty 
of these regulations, including a review of the effects of the definitive safeguard measure on the 
domestic indust ry concerned, and of the industry's progress in implementing its adjustment plan.  
 (2) The results of the review shall be published in a report prepared by the Investigating Authority 
and, based on the results of the review, the Investigating Authority sha ll decide to maintain or 
withdraw the definitive safeguard measure or to increase the pace of liberalisation.  
 
 (3) A notice to maintain, liberalise or withdraw a definitive safeguard measure, summarising the 
results of the results of the review, shall be published in the Gazette and the contents of such notice 
shall conform, with the necessary changes, with the requirements as provided for in section twenty - 
nine. 
 (4) The Government shall notify the results of the review, including the withdrawal or any 
modification of the definitive safeguard measure, to the WTO Council for Trade in Goods through the 
Committee, in conformity with the requirements established by the Committee.  
38 (1) If the domestic industry considers that there is a continuing need to sup ply a definitive 
safeguard measure beyond the initial period of application, it shall -submit, to the Investigating 
Authority, not less than 6 months before the end of that period, a written request for the extension 
of the measure, including evidence that the industry is carrying out its adjustment plan.  
 (2) The Investigating Authority shall conduct an investigation to determine whether an extension 
is warranted and for the purpose of such investigation and determination, the procedures set forth 
in these regulations when applying for the original measure shall be followed with the necessary 
changes.  
 (3) Subject to section thirty -three (6), a safeguard measure may be extended once only, for a 
period of  not more than 6 years . 
 (4) The Investigating Authority may extend a definitive safeguard measure only if it determines 
through the investigation referred to in subsection (2), that the measure continues to be necessary 
to prevent or remedy serious injury, and that there is evidence that  the domestic industry is 
adjusting.  
 (5) An extended definitive safeguard measure shall not be more restrictive than at the end of 
the initial period of application and during the extension period, the measure shall continue to be 
progressively liberalise d in accordance with the requirements of section twenty -nine. 
 (6) In extending a definitive safeguard measure the Government shall endeavour to maintain a 
substantially equivalent level of concessions and other obligations to that existing under GATT 1994  
between Zimbabwe and the exporting Members which would be affected by such measures.  
 (7) The requirements pertaining to notifications to the Committee and the WTO Council for Trade 
in Goods set forth in sections twelve, twenty -three, twenty -seven, thirty , thirty -three and thirty -four 
of these regulations, and the requirements pertaining to consultations with exporting Members 
whose interests would be affected by the measure set forth in sections twenty -three, thirty and 
thirty -three of these regulations, shall apply in full to any extension of a safeguard measure.  G/SG/N/1/ZWE/ 3 
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  39 (1) No new safeguard measure shall be applied again to the import of a product which has been 
subject to a definitive measure first applied after 1 January 1995 for a period of time equal to ½ 
of the duration of such earlier definitive safeguard measure, provided the period of application is at 
least 2 years.  
 (2) Notwithstanding subsection (1), a safeguard measure with a duration of 180 days or less 
may be applied to the imports of an product that is being investigated which was the subject of an 
earlier safeguard measure if  
(a) at least 1 year has elapsed since the date of imposition of the earlier safeguard 
measure on the imports of that product; and  
(b) a safeguard measure has not been applied on im ports of the product more than 
twice in the 5 year period immediately preceding the date on which the new 
safeguard measure is to take effect.  
40 These regulations shall be applied in conformity with the obligations of Zimbabwe under the 
Agreement Establis hing the World Trade Organization, done at Marrakesh, on 15 April 1994, 
including the General Agreement on Tariffs and Trade 1994 (GATT 1994) and the Agreement on 
Safeguards.  
41 The Investigating Authority may adopt such regulations as may be necessary for  the 
implementation of these regulations . 
__________