WT/DS445/25  
 
20 January 2016  
(16-0393)  Page: 1/3  
  Original: English  
 
 ARGENTINA - MEASURES AFFECTIN G THE IMPORTATION OF GOODS 
UNDERSTANDING BETWEEN ARGENTINA AND JAPAN  
REGARDING PROCEDURES UNDER AR TICLES 21 AND 22 OF THE DSU 
The following communication, dated 18 January 2016,  from the delegation of Argentina and the 
delegation of Japan to the Chairperson of the Dispute Settlement Body, is circulated at the request of these delegations. 
 
 
_______________ 
 
 
Japan and Argentina would like to inform the Di spute Settlement Body of the attached "Agreed 
Procedures under Articles 21 and 22 of the Dispute Settlement Understanding" between Japan and 
Argentina with respect to the dispute Argentina — Measures Affecting the Importation of Goods 
(DS445).  
 
We request that you please circulate the atta ched agreement to the Members of the Dispute 
Settlement Body.   WT/DS445/25 
 
- 2 - 
 
  Agreed Procedures under Articles 21 and 22 of the Dispute Settlement Understanding 
 
Argentina — Measures Affecting the Importation of Goods(DS445) 
 
The Dispute Settlement Body ("DSB") adopted it s recommendations and rulings in the dispute 
Argentina — Measures Affecting the Importation of Goods (WT/DS445)  on 26 January 2015. 
 
Pursuant to Article 21.3(b) of the Understa nding on Rules and Procedures Governing the 
Settlement of Disputes ("DSU"), Japan and Argentina agreed that the reasonable period of time to 
implement the recommendations and rulings of the DSB in this dispute would be 11 months and 5 days, expiring on 31 December 2015 (WT/DS445/23). 
  
Japan and Argentina (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 Argentina enter into consultations with Japan. 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, Japan may request the esta blishment 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, 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. 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. Argentina 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 Argentina'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, Argentina shall have the right 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 refe rred 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. 
 9. If any of the original panelists is not availabl e 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 WT/DS445/25 
 
- 3 - 
 
  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, 18 January 2016. 
 
 
For Argentina 
 
  
 
 
(Signed) 
H.E. Mr Alberto Pedro D'Alotto 
Ambassador 
Permanent Mission of Argentina  
 
For Japan 
 
  
 
 
(Signed) 
H.E. Mr Junichi Ihara 
Ambassador 
Permanent Mission of Japan 
  
 
 
__________