WT/DS444/24  
 
20 January 2016  
(16-0395)  Page: 1/3  
  Original: English  
 
 ARGENTINA - MEASURES AFFECTIN G THE IMPORTATION OF GOODS 
UNDERSTANDING BETWEEN ARGENTIN A AND THE UNITED STATES  
REGARDING PROCEDURES UNDER AR TICLES 21 AND 22 OF THE DSU 
The following communication, dated 18 Janaury 2016,  from the delegation of Argentina and the 
delegation of the United States to the Chairperso n of the Dispute Settlement Body, is circulated at 
the request of these delegations. 
 
 
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Argentina and the United States would like to in form the Dispute Settlement Body of the attached 
"Agreed Procedures under Articles 21 and 22 of the Dispute Settlement Understanding" between 
the United States and Argentina with respect to the dispute Argentina – Measures Affecting the 
Importation of Goods (WT/DS444). 
 
We request that you please circulate the atta ched agreement to the Members of the Dispute 
Settlement Body.    
 
 
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 WT/DS444/24 
 
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  Agreed Procedures under Articles 21 and 22 of the Dispute Settlement Understanding 
Argentina – Measures Affecting the Importation of Goods (WT/DS444) 
The Dispute Settlement Body ("DSB") adopted it s recommendations and rulings in the dispute 
Argentina – Measures Affecting the Importation of Goods (WT/DS444) on 26 January 2015. 
Pursuant to Article 21.3(b) of the Understa nding on Rules and Procedures Governing the 
Settlement of Disputes ("DSU"), the United States  of America ("United States") and the Argentine 
Republic ("Argentina") agreed that the reasonable period of time to implement the 
recommendations and rulings of the DSB in this dispute would be eleven months and five days, 
expiring on 31 December 2015 (WT/DS444/22).  
The United States and Argentina (collectively, "the Parties") have agreed on the following 
procedures for the exclusive purposes of this dispute.  They are designed to facilitate the 
resolution of the dispute and reduce the scope for procedural disputes and are without prejudice to 
either Party's views on the correct interpretation of the DSU: 
1. Should the United States consider that th e situation described in Article 21.5 of the DSU 
exists, the United States will request that Argentina enter into consultations with the United 
States.  The Parties agree to hold such consultations within 20 days from the date of receipt of the request.  After this 20-day period has elapsed, the United States may request the 
establishment of a panel pursuant to Article 21.5 of the DSU at any time. 
2. At the first DSB meeting at which the U.S. request for the establishment of an Article 21.5 
panel appears on the agenda, Argentina shall accept the establishment of that panel. 
3. The Parties shall cooperate to enable the Article 21.5 panel to circulate its report within 90 
days of the panel's establishment, excluding such time during which the panel's work may 
be suspended pursuant to Article 12.12 of the DSU. 
4. Either Party may request the DSB to adopt the report of the Article 21.5 panel at a DSB 
meeting held at least 20 days after the circulat ion of the report to the Members unless either 
Party appeals the report.  
5. In the event of an appeal of the Article 21.5 panel report, the Parties shall cooperate to 
enable the Appellate Body to circulate its report to the Members within 90 days from the 
date of notification of the appeal to the DSB.   Further, either Party may request the DSB to 
adopt the reports of the Appellate Body and of  the Article 21.5 panel (as modified by the 
Appellate Body report) at a DSB meeting held  within 30 days of the circulation of the 
Appellate Body report to the Members.  
6. The United States may request authorization to suspend concessions or other obligations 
pursuant to Article 22.2 of the DSU in the event that the DSB rules as a result of a 
proceeding under Article 21.5 of the DSU that a measure taken to comply does not exist or 
is inconsistent with a covered agreement.  Argentina shall not assert that the United States is precluded from obtaining such DSB authorization because its request was made outside 
the time-period specified in the first sentence of Article 22.6 of the DSU.  This is without 
prejudice to Argentina's right to have the matter referred to arbitration in accordance with Article 22.6 of the DSU. 
7. If the United States requests authorization to suspend concessions or other obligations 
pursuant to Article 22.2 of the DSU, Argentina shall have the right to object under 
Article 22.6 of the DSU to the level of suspensi on of concessions or other obligations and/or 
claim that the principles and procedures set forth in Article 22.3 of the DSU have not been 
followed.  In the event of such objection, the matter will be referred to arbitration pursuant 
to Article 22.6 of the DSU.   
8. The Parties will cooperate to enable the arbitrator under Article 22.6 of the DSU to circulate 
its decision within 60 days of the referral to arbitration.  WT/DS444/24 
 
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  9. If any of the original panelists is not availa ble for either the Article 21.5 compliance panel or 
the Article 22.6 arbitration (or both), or any person serving in such proceeding becomes 
unavailable to serve, the Parties will promptly consult on a replacement, and either Party may request the Director-General of the WTO to appoint, within ten days of being so 
requested, a replacement for the proceeding or proceedings in which a replacement is 
required.  If an original panelist is unavailable to serve in either of the proceedings, or any person serving in such proceeding becomes unavailable to serve, the Parties will further 
request that, in making this appointment, th e Director-General seek a person who will be 
available to act in both proceedings. 
10. The Parties will continue to cooperate in all matters related to these agreed procedures  and 
agree not to raise any procedural objection to an y of the steps set out herein.  If, during the 
application of these procedures, the Parties consider that a procedural aspect has not been 
properly addressed in these procedures, they will endeavor to find a solution within the 
shortest time possible that will not affect the other aspects and steps agreed herein.  
11. These agreed procedures in no way prejudice other rights of either Party to take any action 
or procedural step to protect its rights and interests, including recourse to the DSU.  
 
Signed in Geneva, 18 January 2016. 
  
For the Argentine Republic For the United States of America 
 
  
 
 
(Signed) 
H.E. Mr Alberto Pedro D'Alotto 
Ambassador 
Permanent Mission of Argentina 
 
  
  
 
 
(Signed) 
H.E. Mr Michael Punke 
Ambassador 
Permanent Mission of the United States 
 
 
  
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