WORLD TRADE  
ORGANIZATION  G/SG/N/1/ZMB/2 
27 August 2009 
 (09-4033) 
Committee on Safeguards Original:   English 
  
 
NOTIFICATION OF LAWS, REGULATIONS AND 
ADMINISTRATIVE PROCEDURES RELATING 
TO SAFEGUARD MEASURES 
 
ZAMBIA 
 
  The following communication, dated 6 August 2009, is being circulated at the request of the Delegation of Zambia.    
_______________ 
 
  The permanent Mission of the Republic of Zamb ia has the honour to notify the Committee on 
Safeguards in accordance with Article 12.6 that Zamb ia passed into law the enclosed Act No. 12 of 
2004 amending the control of Goods Act – Chapter 421 of  the Laws of Zambia by repealing Part III 
and substituting it with provisi ons on Safeguards Measures.   G/SG/N/1/ZMB/2 
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  Control of Goods (Amendment) 
 
 
GOVERNMENT OF ZAMBIA 
 
 
ACT 
No. 12 of 2004 
 
Date of Assent:  2nd September, 2004 
 
An Act to amend the Control of Goods Act 
 
8
th September, 2004 
 
ENACTED by the Parliament of Zambia 
 1. (1) This Act may be cited as the Control of  Goods (Amendment) Act, 2004, and shall be 
read as one with the Control of Goods Act, in this Act referred to as the principal Act.   
 (2) This Act shall come into operation on su ch date as the Minister may, by statutory 
instrument, appoint.   
 
2. The principal Act is amended by the repeal of  Part III and the substitution therefore of the 
following:    
PART III 
S
AFEGUARD MEASURES  
 
4A. In this Part unless the context otherwise requires-  
"Adjustment plan" in relation to a domestic industry means the plan by the industry to 
adjust to the increased competition that  will follow the removal of safeguard 
measures;   
"Advisory Committee" means the Safegua rds Committee constituted under section 
four G ;   
"Agreement" means the Agreement on Safeguards under the World Trade 
Organisation (WTO) or the safeguard and other applicable provisions of the Common Market for Eastern and Southern Africa (COMESA) Treaty, the Treaty of the 
Southern African Development Community (SADC) or any other international trade 
agreement to which Zambia is a Party; 
"Committee" means the Committee on Safeguards under the World Trade 
Organisation, or other applicable secretaria t or entity of a trade organisation of which 
Zambia is a member or under another Agreement;   
"Domestic industry" means- 
(a) The producers as a whole of a product within the Republic which are like or 
directly competitive with the investigate product;  or  G/SG/N/1/ZMB/2 
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  (b) Producers operating within the Republic whose collective output of products 
which are like or directly competitive wi th the investigated product constitute 
a major proportion of the total domestic production of those products; 
"Domestic producers" means producers, opera ting within the Republic, of like or 
directly competitive products to the investigated product; 
"Interested party" means-  
 (a) Exporters and foreign producers of the investigated product;   
  (b) Importers of the investigated product;   
 
 (c) Trade or business associations whose membership is composed of producers, 
exporters or importers of th e investigated product;   
  (d) The Governments of the exporting countries of the investigated product;   
 
 (e) Domestic producers;   
  (f) Trade and business associations whose ma jority membership are producers;   
  (g) Labour unions or other similar organisations representing the interests of workers in 
the domestic industry;   
 
 (h) Consumer associations;  and 
  (i) Any other person whom the Minister determ ines to have sufficient interest in the 
outcome of the safeguard investigation under this Part;   
 
 "Investigated product" means the imported produc t subject to a safeguard investigation under 
this Act;   
  "Investigations Committee" means the Safegua rd Investigations Co mmittee constituted under 
section four C;   
 
 "Member" means a Member State that is party to an agreement, which contains international 
obligations applicable to a safeguard pro cedure, including the World Trade Organisation 
Agreement, the COMESA Treaty and the Treat y of the Southern African Development 
Community (SADC);   
 
 "Participating interested parties" means those in terested parties that indicate their intention to 
participate in a safeguard inv estigation under this Part;   
  "Remedy" includes the imposition of customs tariffs, quantitative restrictions or a 
combination thereof;   
 
 "Safeguard investigation" means an inves tigation into whether increased imports of the 
investigation product have caused serious injury to the domestic industry;  and 
  "Safeguard investigations" sha ll be construed accordingly;   
 G/SG/N/1/ZMB/2 
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   "Safeguard measure" means the temporary imposition of customs tariffs or quantitative 
restrictions or a combination thereof, in r esponse to an affirmative determination in a 
safeguard investigation, to prevent or remedy serious injury to the domestic industry;  and 
  "Safeguard measures" shall be construed accordingly;   
 
 "Serious injury" means a significant overall impairment in the condition of a domestic 
industry;  and 
  "Threat of serious injury" means a serious inju ry that is clearly imminent and "threaten to 
cause serious injury" shall be construed accordingly.   
  4B. The Ministry responsible for commerce, tr ade and industry shall be responsible for 
decisions relating to- 
 
 (a) The application, suspension or withdrawal  of a safeguard measure and for decisions 
relating to the modification or extension of the corresponding periods of application;  
and 
  (b) The conduct of a safeguard investigation.   
 
 By the deletion of paragraph 4C and the substitution therefore of the following:   
  4C. (1) For the purposes of conducting a safeguard investigation under this Part the 
Minister shall constitute an Investigations Co mmittee consisting of the following members.   
 
 (a) Four representatives of the ministry responsible for commerce, trade and industry;   
  (b) A representative of the ministry responsible for finance;   
  (c) A representative of ministry responsible for agriculture;   
 
 (d) A representative of the ministry respon sible for home affairs nominated from the 
Commercial Crimes Department;  and 
  (e) A representative of the Zambia Revenue Authority.    
 (2) The members shall elect the Chairper son and the Vice Chairperson from among their 
number.   
  4D. (1) A domestic industry shall, in writing, apply to the Minister to cause a 
safeguard investigation or an investigation into  whether increased imports of the investigated 
product threaten to cause serious injury to the domestic product.   
 
 (2) The Minister may, on the Minister's ini tiative, cause a safeguard investigation or an 
investigation into whether increased imports of  an investigated product threaten to cause 
injury to a domestic industry.   
 
 (3) An application made under subsection (1 ) may be withdrawn prior to initiation and 
shall, in such a case be deemed not to have been made.   
  4E. (1) Where the Minister decides to cause a safeguard investigation, under 
section four D  the Minister shall notify-    G/SG/N/1/ZMB/2 
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 (a) The public, by statutory order;   
  (b) The exporting countries, in writing;  and 
 
 (c) The Committee, in accordance with the provisions of an Agreement;  
  of the commencement of the investigation w ith effect from the date of publication of the 
publication of the statutory order and shall specify  that anyone desiring to participate in the 
investigation shall notify the Minister, in writing, within a period of thirty days from the date 
of publication of the order.   
  (2) The statutory order referred to in subsec tion (1) shall contain such information as the 
Minister may prescribe.   
 
 (3) The Minister shall in determining wh ether to impose safeguard measures consider 
what action is appropriate and feasible under this Act to- 
  (a) Facilitate efforts by the domestic industr y to make a positive adjustment to import 
competition;  and 
 
 (b) Provide greater economic and social benefits than costs.   
  (4) Where the Minister determines that the cost of imposing a safeguard measure exceeds 
national economic interest and is  greater than the benefit to the requesting domestic industry, 
the Minister may determine not to impose a safeguard measure.   
 
 (5) Where the Minister, after receipt of an application under this section decides, after 
considering a recommendation of the Investigati ons Committee, not to cause an investigation, 
the Minister shall inform the applicant and give reasons for not commencing the 
investigation. 
 
 4F. (1) The Investigations Committee shal l complete a safeguard investigation 
commenced under section four E  within a period of six months from the date of 
commencement of the safeguard investigation.   
  (2) Notwithstanding subsection (1), the Mini ster may extend the period referred to in 
subsection (1) for a further period of two months.   
  4G. (1) The Minister shall constitute an Advisory Committee Constitution consisting 
of the following member:   
  (a) The Permanent Secretary to the Minist ry responsible for commerce, trade and 
industry;   
  (b) The Director responsible for foreign trade in the Ministry resp onsible for commerce, 
trade and industry; 
 
 (c) The Director responsible for domestic trade in the Ministry responsible for 
commerce, trade and industry:   
  (d) The Director responsible for industry in the Ministry responsible for commerce, trade 
and industry;   G/SG/N/1/ZMB/2 
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 (e) The Permanent Secretary responsible for bud get and economic affairs in the Ministry 
responsible for finance and national planning;   
  (f) The Permanent Secretary to the Ministry responsible for foreign affairs;   
 
 (g) The Commissioner-General of the Zambia Revenue Authority;   
  (h) The Permanent Secretary to the Ministry responsible for agriculture;   
 
 (i) A representative of the Attorney-General;  and 
  (j) Two other persons appointed by the Minister.   
  (2) The members of the Advisory Committee referred to in subsection (2) shall be 
appointed by the Minister.   
  (3) The Chairperson of the Advisory Committ ee shall be the Permanent Secretary to the 
Ministry responsible for commerce, trade and industry and the Vice-Chairperson shall be the 
Permanent Secretary to the Ministry respons ible for finance and national planning.   
 
 (4) Where any member referred to m subsec tion (1) is unable to attend any meeting of 
the Advisory Committee the member may, in writing, nominate another senior officer to 
attend the meeting in that member's stead and th at person shall be deemed to be a member for 
the purposes of the meeting.   
 
 (5) The Advisory Committee may invite any person whose presence is, in its opinion 
desirable to attend and participate in any meeti ngs under this Part but such person shall have 
no vote.   
  (6) Six members shall make a quorum.    
 4H. (1) The Investigations Committee shall-   
  (a) Conduct any safeguard investigation requi red in accordance with the applicable 
Agreement;  and 
 
 (b) In conducting a safeguard investigation take into account all relevant injury factors 
including those required under an Agreement such as the following:   
 
  (i) the rate and amount of the increase in imports of the investigated product, in 
absolute terms and relative to domes tic production of like or directly 
competitive products to the investigated product;   
 
  (ii) the share of the domestic market taken by increased imports of the 
investigated product;   
   (iii) the price of the investigated product in relation to the domestic like or 
directly competitive products;   
   (iv) the impact of increased imports of  the investigated product as evidenced by 
specific indicators including production, changes in the level of sales,  G/SG/N/1/ZMB/2 
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  capacity utilisation, inventories, sales and market share prices, profits and 
losses, and employment;   
   (v) factors other than increased imports  of the investigated product which may 
cause or threaten to cause serious in jury to the domestic industry;   
 
  (vi) the actual and potential export capacity of the country of production or origin 
of the investigated product, in case of threat of serious injury;   
   (vii) inventories of an investigated product in the country of exportation;   
 
  (viii) probability of exports of investig ated products to enter the Republic in 
increasing quantities in the case of threat of serious injury;  and 
   (ix) any other factor considered rele vant by the Investigations Committee.   
 
 (2) Where at the same time other factors in addition to increased imports of the 
investigated product cause or threaten to cause in jury to the domestic industry, such injury 
shall not be attributed to the increased imports.   
  (3) The Investigations Committee shall de termine whether unforeseen developments led 
to the product being imported in such increas ed quantities and such conditions as to cause or 
threaten to cause serious injury to domestic products. 
  4I. (1) The Investigations Committee may- 
 
 (a) request for information and data from partic ipating interested parties, officers from 
the Zambia Revenue Authority, clearing or  forwarding companies and other persons 
from the public and the private sector which it considers relevant for the performance 
of its investigative functions;  and 
  (b) conduct investigations to verify or obta in further details concerning information 
submitted under paragraph (a) .   
  (2) The Investigations Committee shall solic it the views of representatives of affected 
producers, users and consumers of the product pr oduced by the affected industry and shall 
consider them in its report and recommendations.   
 
 4J. (1) The members of the Investigati ons Committee and the Advisory Committee 
shall treat as confidential any information or da ta submitted to them under this Part, which is 
confidential in nature or submitted on a confid ential basis and which the Investigations 
Committee considers warrants confidentla1 treatment:   
 
 Provided that where the Investigations Committe e does not consider the information or data 
submitted to it under this Part to be confidentia l and if the provider of the information is 
unwilling to make the information public, the inv estigation Committee shall not consider that 
information to be part of its investigation.   
 
 (2) A person shall not without the consent, in writing, publish or disclose to any person 
otherwise than in the course of duties, the contents of any document, communication or 
information whatsoever, which relates to and which has come to that person's knowledge in 
the course of duties under this Part.   
 G/SG/N/1/ZMB/2 
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   (3) Any person who contravenes the provisi ons of subsection (1) or (2) commits an 
offence and shall be liable, upon conviction, to  a fine not exceeding twelve thousand five 
hundred penalty units or to imprisonment for a term not exceeding three years, or to both.   
  (4) If any person having information wh ich to that person's knowledge has been 
published or disclosed in contravention or subsection (1) unlawfully publishes or 
communicates any such information to any othe r person, that person commits an offence and 
shall be liable, upon conviction, to a fine not exceeding twelve thousand five hundred penalty 
units or to imprisonment for a term not exceeding three years, or to both.   
 
 4K. Where the Minister decides that a safeguard investigation should be conducted under 
this Act, the Investigations Committee shall r eceive and consider oral and written submissions 
from participating interested parties within such  times as the Minister may prescribe, in order 
to determine and recommend to the Minister- 
 
 (a) whether provisional safeguard measures should be imposed;   
  (b) the necessity to conduct a public hearing on the matter;   
  (c) whether definitive safeguard measures should be imposed;  or 
 
 (d) whether the safeguard investigation should be discontinued.   
  4L. (1) Where a hearing is to be conducted as part of a safeguard investigation under 
this Part the Minister shall, not less than sixty days before the commencement date of the hearing, by Gazette  notice, notify the public- 
 
 (a) that the hearing will be conducted by  the Investigations Committee;   
  (b) the date, duration, venue and time of the hearing;  and  
  (c) that participating interested parties inte nding to make representations at the hearing 
should notify the Investigations Committee at least seven days before the date of the 
hearing, and submit the names of their representatives and the witnesses who will appear at the hearing.   
 
 4M. (1) The Investigations Committee sh all, after conducting Determination 
safeguard investigations including the conduc t of a hearing where applicable, make a 
determination on the basis of the informati on available to it and submit a report and 
recommend to the Advisory Committee- 
  (a) that a provisional safeguard measure should be imposed or extended;   
 
 (b) that a provisional safeguard measure should not be imposed;   
  (c) that a definitive safeguard measur e should be imposed or extended;   
  (d) that a definitive safeguard measure should not be imposed and the investigation 
terminated;  or  
  (e) the nature and duration of my measure recommended.   
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   (2) The Advisory Committee shall after receiving and considering the report and 
recommendation of the investigations Committee,  make a recommendation to the Minister on 
the basis of the information available to it and subsection (1) shall, with necessary 
modification, apply to the Advisory Committee.   
 
 (3) The Minister may, on receipt of the recommendation of the Advisory Committee and 
in consultation with the Minister responsible for finance- 
  (a) Confirm the determination of the Advisory Committee;  or  
 
 (b) refer the matter to the Advisory Comm ittee for further investigation by the 
Investigations Committee.   
  (4) Where the Minister in accordance with  subsection (3), decides not to apply a 
provisional safeguard measure, the Minister shall, by Gazette  notice, publish a notice which 
shall contain the following information:   
  (a) the decision not to apply a provisional safeguard measure;   
  (b) a comprehensive description of the investigated product, including its technical 
characteristics and uses, and an identificati on of its tariff classification and the duties 
applicable;   
  (c) a comprehensive description of the domestic like or directly competitive product;   
  (d) the reasons for the decision not to apply provisional safeguard measures;  and  
 
 (e) a statement indicating whether the investigation will be terminal or that the 
investigation will continue to the final phase of determining the application of a 
definitive safeguard measure or otherwise.   
  (5) The Investigations Committee and the A dvisory Committee shall, in performing the 
functions assigned to them under this Act-  
  (a) be bound by the provisions of this law and any regulations made under it;  and  
  (b) perform their functions in an impartial and transparent manner.   
 
 4N. (1) The Minister shall, in consultation with the Minister responsible for finance 
consider the recommendation of the Investiga tions Committee and the Advisory Committee 
determine whether definitive safe guard measures be applied.  
  (2) Where the Minister in accordance with subsection (1) determines that a definitive 
safeguard measure is to be applied-  
  (a) the Minister shall cause a report of the proceedings of investigations of the 
Investigations Committee and findings, in cluding a detailed analysis of the 
information obtained in the investigations and the conclusions of the investigations, 
to be published in the Gazette ;   
  (b) the Minister shall, by statutory instru ment, issue a notice of application of the 
definitive safeguard measure containing such other information as may, by regulation, be prescribed. G/SG/N/1/ZMB/2 
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 (3) Where the Minister decides to appl y a definitive safeguard measure under this 
section, the Minister shall, on behalf of th e Republic, notify the Committee and shall initiate 
consultations in accordance with  the relevant Agreement.   
 
 (4) Subject to subsection (5) a definitive saf eguard measure shall be applied for a period 
consistent with the applicable international agreement and the period of application of any 
provisional safeguard measure unless otherwise extended under this Act.   
  (5) Where the WTO Agreement on Safeguard s is used, definitive safeguard measures 
shall be applied for a period of not more than four years.   
  (6) The period of years referred to in subsection (5) shall include the period of 
application of any safeguard measure, unless otherwise extended under this Act.   
 
 (7) Notwithstanding subsection (5), a definitiv e safeguard measure shall be applied for a 
total cumulative period of not more than eight  years, including the period of application of 
any provisional safeguard measure, and any exte nsion of a definitive safeguard measure, shall 
be in accordance with the provisions of the Agreement.   
  4O. (1) Subject to the other provisions of th is section, definitive safeguard measures 
in the form of quota on imports of the investig ated product shall be taken consistently and in 
accordance with the applicab le international Agreement and the WTO Agreement on 
Safeguards and shall not reduce the quantity of those imports below the average level 
registered in the most recent three year s for which statistics are available.   
 
 (2) Notwithstanding subsection (1) the Ministry may, on the recommendation of the 
Advisory Committee, when satisfied that a diffe rent level is necessary to prevent or remedy 
serious injury or threat of serious injury, a pply quotas which reduce the quantity of imports of 
the investigated product below the average level registered in the most recent three years for 
which statistics are available.  
 
 (3) Subject to the other provisions of this section, in the case of safeguard measures being 
applied pursuant to the WTO Agreement on Safe guards where more than one country exports 
the investigated product to the Republic, the a pplication of a definitive safeguard measure in 
the form of quota on imports shall be allocated among supplying countries in such proportions as may be agreed by the Government and the Governments of those Members 
having substantial interest in supplyi ng the investigated product based on- 
  (a) the proportions of the investigated product supplied by such countries during the 
previous three years;  and  
  (b) any special factor which may have affected or may be affecting trade in the 
investigated product.   
  (4) Notwithstanding subsection (3) where seri ous injury to the domestic industry has 
been established, the Minister may, on th e recommendation of the Advisory Committee, 
allocate quotas among the supplying countries on a basis different from the agreement 
referred to in subsection (3) if  consultations have been held  with supplying Members under 
the auspices of the Committee and eviden ce is submitted to the Committee that-  
  G/SG/N/1/ZMB/2 
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   (a) imports from certain countries have increas ed in disproportionate percentage in 
relation to the total increase in imports of the investigated products during the most 
recent three years according to available statistics;  and 
  (b) the conditions of the allocation of quotas ar e equitable to all suppliers concerned.   
 
  (5) Notwithstanding any other provisions of th is Part, a definitive safeguard measure in 
the form of a quota allocated in accordance w ith subsection (4) shall not be extended beyond 
the initial period.   
 
 4P. (1) The Minister may, after considering the in the event of recommendations of 
the Investigations Committee, the Advisory Co mmittee and any views of any interested party 
including the private sector and consumers, term inate an investigation under this Part on the 
ground that the application of a safeguard on th e available evidence is not justifiable.   
 
 (2) Where the Minister terminates a safegua rd investigation under subsection (1), the 
Minister shall inform the exporting countries of the investigated product and the Committee 
in accordance with the require ments of the Committee under the Agreement and shall publish 
the decision to terminate the safeguard inv estigation, with reasons therefore in the Gazette .   
 
 4Q. Notwithstanding the other provisions of th is Part, a definitive safeguard measure 
applied pursuant to the WTO Agreement on Safegua rds shall not be applied on imports of the 
investigated product originating from a Member which is a developing country where the imports amount to not more than countries three percent of the Republics total of the investigated product:   
 
 Provided that Members that are developing countries with less than a three percent import 
share collectively account for not more than nine percent of the total imports of the product concerned.   
 
4R. The Minister shall progressively liberalise at regular intervals a definitive safeguard 
measure whose duration exceeds one year, in ac cordance with the schedule of liberalisation 
published in the notice of definitive safeguard measures under paragraph (b) of subsection (2) 
of section four N.  
 4S. (1) If the duration of a definitive safeguard measure relating to quotas including 
the period of application of any provisional me asure exceeds three years, the Minister shall 
cause the Investigations Committee to c onduct a review in accordance with section four H  to 
four M  of this Part, including a review of the e ffects of the definitive safeguard measure on 
the domestic industry concerned and the industr y's progress in implementing its adjustment 
plan.   
(2) The Investigations Committee shall produ ce results of the review referred to in 
subsection (1) in a report, with recommendations  as to whether a definitive safeguard measure 
should be continued, withdrawn or the pace of liberalisation be increased, which shall be 
provided to the Advisory Committee and the Minister for consideration and which the 
Minister shall publish in a Gazette  notice.   
 
(3) The Advisory Committee shall, after receiving and considering the report and recommendation of the Investigations Committee, make a recommendation on the basis of the 
information available to it to the Minister to-  G/SG/N/1/ZMB/2 
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  (a) maintain the definitive safeguard measu res and the nature and duration of my 
measures;   
 (b) withdraw the definitive safeguard measure;  or 
 
(c) increase the pace of liberalisation of the definitive safeguard measure.   
 (4) The Minister shall on the receipt of the recommendations of the Investigation Committee, the Advisory Committee and in consul tation with the interested parties including 
the private sector and consumers determine whether to- 
 
(a) maintain the definitive safeguard measu re and the nature and duration of any 
measure;   
 (b) withdraw the definitive safeguard measure;  or 
 
(c) increase the pace of liberalisation of the definitive safeguard measure.   
 (5) The decision of the Minister under subsection (4) shall be-  (a) published in the Gazette ;  and  
 
(b) notified to the Committee in accordance w ith the provisions of the Agreement.   
 4T. (1) If the domestic industry considers that there is definitive continuing need to 
apply a definitive safeguard measure on imports beyond the initial period of application, it 
shall, six months before the end of the period of application of a safeguard measure submit a 
written request for extension of the measure to the Minister with evidence showing that the 
industry is carrying out its adjustment plan.    (2) Where a written request by the domestic industry is submitted to the Minister under 
subsection (1), the Minister shall cause the I nvestigations Committee to conduct a safeguard 
investigation in accordance with  this Part to determine whether an extension of the 
application of a definitive safegua rd measure is warranted.   
 (3) Subject to the other provisions of this Part, a definitive safeguard measure shall be extended not more than twice for a total period of ten years.   
 
(4) The Minister shall, after considering th e report of the Investigations Committee and 
the recommendation of the Advisory Committee, in consultation with the Minister responsible for finance, the interested parties,  extend the application of a definitive safeguard 
measure if satisfied that the conditions of the relevant Agreement have  been met and in the 
case of the WTO Agreement on Safeguards that  extending the measure is necessary to 
prevent or remedy serious injury and that there is evidence to show that the domestic industry 
is adjusting.   
 
(5) Where the Minister decides to extend the application of a definitive safeguard 
measure under subsection (4), the Minister shall- 
 
(a) by statutory notice, publish a notice of extension of application of a definitive 
safeguard measure which shall include th e duration of the extension and the time 
schedule to progressively liberalise the measure;  and 
  G/SG/N/1/ZMB/2 
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  (b) notify the Committee in accordance with the Agreement and shall initiate such 
consultations as may be required by  the applicable Agreement.   
 (6) Where the application of a definitive safeguard measure is extended under this 
section, the safeguard measure shall not be more  restrictive than that  applied at the initial 
instance.   
 (7) During the period that the application of a definitive safeguard measure is extended, 
the safeguard measure shall be progressively liber alised in accordance with the schedule to be 
published in the notice to extend the safeguard measure published in the Gazette  under 
subsection (5).   
 
 4U. (1) The Minister may in accordance with  the provisions of the applicable 
international agreement re-apply a safeguard to imports of an investigated product which was 
the subject of an earlier safeguard measure.   
 
 (2) The Minister may in accordance with  the WTO Agreement on Safeguards apply a 
safeguard measure to the imports of a product which has been subject to such a definitive 
safeguard measure, first applied after 1 January 1995:   
  Provided that a period equal to one half of the duration of an earlier definitive safeguard 
measure has elapsed and not less than two years have elapsed.   
  (3) Notwithstanding subsection (2), the Minister may in accordance with the WTO 
Agreement on Safeguards, apply a safeguard measure for not more than one hundred and 
eighty days in relation to imports of an investigated product which was the subject of an 
earlier safeguard measure if-  
  (a) a period of one year has elapsed since the date of application of the earlier safeguard 
measure on those imported products;   
  (b) a safeguard measure has not been applied on imports of the product more than twice 
in the period of five years immediat ely preceding the date on which the new 
safeguard measure is to take effect;  and 
  (c) an investigation has been conducted by the Investigations Committee in accordance 
with sections four H  to four M .   
 
 4V. Any action taken by the Minister under sections four M  to four U  of this Act shall 
take effect within twenty working days from the date of the statutory instrument.   
  4W. The Minister may, by statutory instrument, make regulations for the carrying out of 
the provisions of this part and for prescribing anything which by this Part is required to be 
prescribed.   
  
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