G/SG/Q1/AFG/1  
 
22 March 2017  
(17-1589) Page: 1/2 
Committee on Safeguards  Original: English  
 
  NOTIFICATION OF LAWS AND REGULATIONS UNDER   
ARTICLE  12.6 OF THE AGREEMENT  
QUESTION S POSED BY  THE UNITED STATES1 REGARDING   
THE NOTIFICATION OF AFGHANISTAN  
 
 
The following communication, dated 21 March 2017 , is being circulated at the request of the 
delegat ion of the United States . 
 
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The United States thanks Afghanistan for its notification of the "Law on Safeguard Measures for 
Domestic Industries " ("Law on Safeguards ") and poses the following questions:  
 
Question 1  
 
Please clarify whether t he World Trade Organization Agreement on Safeguards (hereinafter 
"WTO  SG Agreement ") is self -implementing in Afghanistan 's law. In case of a discrepancy between 
the WTO SG Agreement on the Law on Safeguards, which holds precedence?  
 
Question 2  
 
Article 3.1  of the Law on Safeguards defines a "safeguard measure " as "a measure imposed on 
investigated products for protection of domestic industry ". Please explain how this definition is 
consistent with Article 5.1 of the WTO SG Agreement, which states that a Memb er shall apply 
safeguard measures "only to the extent necessary to prevent or remedy serious injury and to 
facilitate adjustment "?   
 
Question 3  
 
Article 5 of the Law on Safeguards indicates that this law will apply both to WTO -Member countries 
and non -WTO Member countries alike. Please clarify whether a safeguard measure imposed 
following an investigation on imports from non -WTO member countries or territories will also apply 
to WTO -Member countries.  
 
Question 4  
 
Article 8.2 of the Law on Safeguards states  that the General Directorate of International Trade 
("Authority ") would "prepare safeguards investigations application form ". Please explain whether 
this simply refers to the form that a petitioning industry would file under Article 14 of the Law on 
Safeg uards, or whether it also means that the Authority itself may prepare petitions and then 
conduct investigations and make determinations based on the petitions it prepared.  
 
Question 5  
 
Article 8.3 of the Law on Safeguards notes that the Authority is charg ed with publishing safeguard 
investigation notices, while Articles 22 and 27 discuss the notification of provisional and final 
safeguard determinations in widely circulated media as well as the Authority 's website. Please 
                                                
1 G/SG/N/1/AFG/1  (dated 12 September 2016).  G/SG/Q1/AFG/1  
 
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  clarify where and in what form ann ouncements related to safeguard investigations initiations will 
be published (e.g., name official gazette, national newspapers, or website). Also, please clarify if 
such publication will include the initiation of safeguards investigations.  
 
Question 6  
 
With regard to Article 10 of the Law on Safeguards, to what extent does the Safeguards Board for 
Domestic Industries ( "Board ") have the ability to change (i.e., increase, decrease, lengthen, 
shorten, or decide not to impose) the level or amount of a safeguard  measure as recommended by 
the Authority?  
 
Question 7  
 
Please clarify whether the "procedures " noted throughout the Law on Safeguards (e.g., 
Article  8.10, Article 10.1, Article 11.5, and Article 19.3) have already been developed. If so, please 
identify whe n the procedures will be notified to the WTO Committee on Safeguards for review by 
Members. If the procedures have not yet been developed, please clarify the expected timeframe in 
which the procedures will be developed and subsequently notified.  
 
Question 8 
 
Article 14.1 of the Law on Safeguards states that "the owner of a domestic industry, or his legal 
representative, and interested parties " may submit an application for a safeguard investigation. 
Please indicate the types of "interested parties " that wou ld be eligible to file an application (e.g., 
would a single firm in an industry comprised of many firms be a proper party for filing a petition?).  
 
Question 9  
 
Article 20.2 of the Law on Safeguards states with regard to maintenance of the safeguard 
proceed ing record that "Confidential documents are exempted from this provision ". Please clarify 
whether the Authority will request non -confidential summaries of confidential information be 
placed on the proceeding record per Article 3.2 of the WTO SG Agreement s uch that interested 
parties have the ability, as required by Article 3.1 of the WTO SG Agreement, to respond to the 
evidence and views of all parties during the course of the safeguard investigation.  
 
Question 10  
 
Article 10.5 of the Law on Safeguards stat es that one responsibility of the Board is to "adopt 
provisional and definitive safeguard measures ". Article 21 of the Law on Safeguards indicates the 
situations in which the Board will adopt provisional measures, while Article 25 of the Law on 
Safeguards indicates that the Authority, and not the Board, makes the decision on application of 
final measures. Based on this:  
 
 Please clarify whether the Authority or the Board makes the ultimate decision on 
whether or not a safeguard measure will be imposed;  
 
 Please clarify how this decision is notified to the Customs General Directorate to begin 
collection of any safeguard tariff; and  
 
 Please clarify whether the effective date of any measure is the date of decision, the 
date the notification is made to the Custo ms General Directorate, or the date the 
decision is published in a gazette or on the Authority 's website.  
 
 
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