WT/DS433/15  
 
26 May 2015  
(15-2712)  Page: 1/3  
  Original: English  
 
 CHINA – MEASURES RELATED TO THE EXPORTATION OF 
RARE EARTHS, TUNGSTEN AND MOLYBDENUM 
UNDERSTANDING BETWEEN CHINA AND JAPAN 
REGARDING PROCEDURES UNDER AR TICLES 21 AND 22 OF THE DSU 
The following communication, dated 21 May 2015, from the delegation of China and the delegation 
of Japan to the Chairperson of the Dispute Settlem ent Body, is circulated at the request of these 
delegations. 
 
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Japan and the People's Republic of China would lik e to inform the Dispute Settlement Body of the 
attached "Agreed Procedures under Articles 21 and 22 of the Dispute Settlement Understanding" 
between Japan and the People's Republic of China with respect to the dispute China – Measures 
Related to the Exportation of Rare Earths, Tungsten and Molybdenum (WT/DS433). 
 
We request that you please circulate the atta ched agreement to the Members of the Dispute 
Settlement Body.  WT/DS433/15 
 
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  Agreed Procedures under Articles 21 and 22 
of the Dispute Settlement Understanding 
 
China – Measures Related to the Exportation of Rare Earths,  
Tungsten and Molybdenum  (WT/DS433) 
  
The Dispute Settlement Body ("DSB") adopted it s recommendations and rulings in the dispute 
China – Measures Related to the Exportation of Rare Earths, Tungsten and Molybdenum  
(WT/DS433) on 29 August 2014.  
Pursuant to Article 21.3(b) of the Understa nding on Rules and Procedures Governing the 
Settlement of Disputes ("DSU"), Japan and the Peop le's Republic of China ("China") agreed that 
the reasonable period of time to implement the recommendations and rulings of the DSB in this 
dispute would be 8 months and 3 days, expiring on 2 May 2015 (WT/DS433/14). 
 China and Japan (collectively, "the Parties") have agreed on the following procedures for the 
exclusive purposes of this dispute. They are design ed to facilitate the resolution of the dispute and 
reduce the scope for procedural disputes and are without prejudice to either Party's views on the 
correct interpretation of the DSU:  
1. Should Japan consider that the situation described in Article 21.5 of the DSU exists, Japan 
will request that China enter into consultation s with Japan. The Parties agree to hold such 
consultations within 15 days from the date of re ceipt of the request. After this 15-day period 
has elapsed, Japan 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 Japan's request for the establishment of an Article 21.5 
panel appears on the agenda, China 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. Japan 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. China shall not assert that Japan 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 China's right to have 
the matter referred to arbitration in accordance with Article 22.6 of the DSU. 
 7. If Japan requests authorization to suspend concessions or other obligations pursuant to 
Article 22.2 of the DSU, China shall have the ri ght to object under Article 22.6 of the DSU to 
the level of suspension 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 ar bitration 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/DS433/15 
 
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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 a 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 any 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. 
  
Signed in Geneva, 21 May 2015. 
  
For the People's Republic of China 
 
  
 
(signed) 
Mr CHEN Runyun 
Chargé d'affaires, a.i. 
Permanent Mission of 
the People's Republic of China For Japan 
 
  
 
(signed) 
H.E. Mr Yoichi Otabe 
Ambassador 
Permanent Mission of Japan 
 
 
 
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