WT/COMTD/RTA19/2  
WT/REG467/2  
 
16 March 2023 
(23-1938) Page: 1/4 
Committee on Trade and Development  
Dedicated Session on Regional Trade Agreements  
Committee on Regional Trade Agreements  Original: English  
 
COMPREHENSIVE ECONOMIC COOPERATION AND PARTNERSHIP AGREEMENT (CECPA)  
BETWEEN INDIA AND MAURITIUS  
(GOODS AND SERVICES)  
QUESTIONS AND REPLIES  
 The following communication, dated 13 March 2023, is being circulated at the request of the 
delegations of  India and Mauritius . 
 
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Question from  Brazil  
 
Safeguard mechanisms  
 
1.1.  "Regarding the Factual Presentation of the Comprehensive Economic Cooperation 
and Partnership Agreement (CECPA) between India and Mauritius, Brazil would like to 
have more information about the period for the application of safeguards under this 
agreement (section 3.4.2). Is there anything like a transition period? Furthermore, would 
there be a transition period for triggering the mechanism of automat ic safeguards?"  
Joint response from the Parties  
 
 No, there is no transitional period.  The safeguard measure can be triggered under the 
circumstances provided for in Article 3 of the Annex on Bilateral Safeguard of the CECPA.  
 
 With regard to automatic saf eguard, it may only be triggered when the imports of a product 
not covered by a TRQ reaches a threshold of 3% as compared to global imports of the said products.  
The measure can only apply for a period of  at least one year and up to a period not exceeding three 
years from the date when the Trigger Safeguard measure has been notified.  
 
 There is a transition period of one year for triggering the automatic safeguard mechanism.  
 
Question s from the European Union  
 
Liberalization schedule  
 
1.2.  As we read in point 3.1.3 of the report, India agreed to liberali ze only 5% of tariff 
lines representing 33% of its imports from Mauritius (which are 46 million USD in total). 
Mauritius on the other hand, liberali zed 97% of its tariff lines representing 98% of its 
imports from India. In this case of such huge asymmetry of commitments and such a 
negligible liberalisation effort on behalf of India, how does this FTA comply with GATT 
Article XXIV point 8b (substantially all trade between the territories) particularly s ince 
there is no clear schedule for the finalisation of the negotiation of the remaining 
lines/trade (as required in GATT XXIV point 5.c)?  
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  Joint response from the Parties  
 The CECPA is an agreement that falls under the purview of the Enabling Clause.  
 
On cooperation : 
 
1.3.  In order to reach the objectives listed in the general economic cooperation chapter, 
what is foreseen concretely in terms of Technical Assistance? Is there any fund created 
for the implementation of this chapter? What is the amount of funds s et aside and over 
what timeframe?  
a. Is economic cooperation from India taking the form of grants or loans?  
b. Are there conditions applying to those (buying Indian products, contracting 
Indian service providers)?  
Joint response from the Parties  
 
 As provided in Article 9.2 of the CECPA, the economic cooperation would be implemented 
through "separate Exchange of Diplomatic Notes, Memoranda of Understanding, Agreements or 
Protocols or Agreed Frameworks or instruments to be concluded between authorize d institutions or 
bodies in accordance with the laws and regulations in force from time to time in each country.  
 
 This chapter on general economic cooperation has only recently been incorporated in the 
CECPA and the modalities for implementation have yet  to be discussed.  
 
On the telecom annex : 
 
a. How does MU ensure confidentiality of the circulation of data in relation to 
submarine cables?  
b. What are the boundaries of such a provision with regard to national security? 
What internal consultation procedures has MU put in place to allow access to 
submarine cables to a foreign State?  
Joint response from the Parties  
 
 These questions are not relevant to the CECPA annex on telecommunication. The annex covers 
broad principles and guidelines for service suppliers providing telecoms services between the parties.  
 
Question from  Japan  
 
Provisions on trade in goods  
 
Import duties and charges, and quantitative restrictions  
 
Liberalization schedule  
 
1.4.  Paragraphs 3.11 -3.18: In light of the current global economi c situation, from the 
perspective of promoting free trade, we believe that it would be desirable for India, which 
has become a major economic power and is chairing the G20 this year, to further increase 
its liberalization rate with Mauritius in the future,  including voluntary acceleration of the 
tariff rate reduction period. We heard that you will invite Mauritius to participate in the 
G20 outreach. Are there any plans to hold related discussions?  
Joint response from the Parties  
 
 Negotiations are ongoing between the two countries with regard to market access on 
additional product lines.  
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   India in its G20 Presidency has invited Mauritius to take part in the deliberations this year as 
an invitee country. Mauritius will participate in meetings of var ious Working Groups and Engagement 
Groups, including the Trade and Investment Working Group (TIWG).  
 
Question s from the United Kingdom  
 
ANNEX 3  
 
Bilateral Safeguard Measures  
 
1.5.  Could the Parties explain why the Annex on bilateral safeguard measures does not 
include a transition period during which measures can be applied? Is it the Parties 
intention that bilateral safeguard measures can be applied throughout the lifetime of the 
agreement?  
Joint response from the Parties  
 
 Yes. The safeguard measure can apply throughout the life of the Agreement under the 
circumstances specified therein.  The Domestic Industry can be impacted at any time due to a sudden 
surge in imports and not during a specified timeframe.  
 
1.6.  The Annex on bilateral safeguard measures does n ot include provisions on 
compensation. Could the Parties explain the rationale for this exclusion?  
Joint response from the Parties  
 
 Since the CECPA is a bilateral Agreement, not a multilateral one like the GATT 94, the need 
for compensation was not consi dered important. The same is true for most bilateral FTAs. The 
Agreement however contains a chapter on Dispute Settlement which covers compensation issues.  
 
Period of application (Article 6 ) 
 
1.7.  Article 6.1: The total period of application of a bilateral safeguard measure, including 
the period of application of any provisional measure shall not exceed two years, save that 
in exceptional circumstances, the period may be extended by up to an additional two 
years, to a total maximum of four years fr om the date of first imposition of the measure 
if the investigating authorities determine in conformity with procedures set out in 
paragraph 2 of Article 8, that the safeguard measure continues to be necessary to prevent 
or remedy serious injury or threat thereof, and to facilitate adjustment provided that there 
is evidence that the industry is adjusting.   
Article 6.2: No bilateral safeguard shall be applied again to the import of a product under 
preferential treatment which has been subject to such a measure unless the period of 
non-application is at least of one year from the end of the previous measure.  
 
 Do the Parties consider that a period of non -application of one year is reasonable if 
a bilateral safeguard measure is in place for up to four years?  
 
Joint response from the Parties  
 
 The intention is to ensure that new safeguard is not applied immedia tely after the end of the 
previous measure.  One year is considered reasonable.   
 
Investigation  (Article 8)  
 
1.8.  Article 8.2: The investigation under this Article shall be conducted in accordance with 
Articles 3 and 4.2 of the WTO Agreement on Safeguards, with such adaptations and 
modifications as may be necessary.  
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   Article 8.2 incorporates Article 3 and 4.2 of the WTO Agreement on Safeguards 
(SGA) with adaptations and modifications in regard to the investigation. However, we 
note that Article 8.3 is a reiteration of the second sentence of Article 4.2(b) of the SGA. 
Similarly, Article 10.2 is a reiteration of Article 3.2 of the SGA. Is there any specific reason 
for the reiteration of this particular obligation and would it impact the applicabili ty of the 
other provisions under the SGA in any way?  
Joint response from the Parties  
 
 No, it will not affect the application of the WTO Agreement on Safeguards given that the SGA 
is applied at multilateral level. The references made to Article 3, 3.2 and 4.2 of the WTO Safeguard 
Agreement are intended to bring clarity on the conditions and modalities an investigation would be 
conducted under the Bilateral Safeguard annex of the CECPA.   
 
Exception (Article 4)  
 
1.9.  Bilateral safeguard measures may not be applied  to any product in the first year after 
the tariff preferences negotiated under the Agreement come into force.  
 Could the Parties provide the rationale for the selection of a one -year exception?  
 
Joint response from the Parties  
 
 One year is considered a reasonable period to monitor imports and assess its impact on the 
domestic industry, after the entry into force of the Agreement.  
 
Trade in goods  (Chapter 2)  
 
Antidumping and countervailing measures  (Article 2.13)  
 
1.10.   "In applying anti -dumping an d countervailing measures, the Parties shall be 
governed by their respective legislation, which shall be consistent with Articles VI and 
XVI of GATT 1994, the Agreement on Implementation of Article VI of GATT 1994 and the 
WTO Agreement on Subsidies and Cou ntervailing Measures".  
 Could the Parties explain how they support domestic businesses to understand their 
respective legislation in relation to their obligations under the relevant WTO Agreements?  
 
Joint response from the Parties  
 
 Mauritius conducts periodic explanatory meetings with the business community. A training 
manual has also been prepared and made available to them.  
 
India regularly conducts workshops and outreach programs with the concerned stakeholders 
and industry representatives regarding their rights and obligations under the provisions of the WTO 
Agreements as well as the Free Trade Agreements concluded by India.  
 
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