. /.   WORLD TRADE  
ORGANIZATION  G/SG/Q1/SLV/3 
10 October 2008 
 (08-4814) 
Committee on Safeguards Original:   English 
  
 
NOTIFICATION OF LAWS AND REGULATIONS UNDER 
ARTICLE 12.6 OF THE AGREEMENT 
 
Questions Posed by the UNITED STATES Regarding
 
the Notification of EL SALVADOR1 
 
  The following communication, dated 8 October 2008, is being circulated at the request of the Delegation of the United States.  
_______________ 
 
  The United States thanks El Salvador for its  notification and poses the following questions 
with regard to El Salvador's notification of the Central American Regulations on Safeguard Measures 
Laws (hereinafter Regulations ), which gives effect to Resolution No. 194-2007 (COMIECO-XLIV) of 
the Council of Ministers for Economic Integration.   
 
Question 1 
 
Is the WTO Agreement on Safeguards (the Agre ement) self implementing under El Salvador 
law?  Also, in potential cases of conflict between the Agreement and the Regulations,  which legal 
authority takes precedence?    
Question 2  
 
Article 1 (Definitions) of the Regulations  define the investigating authority as "The 
Directorate or Directorate-General of Integration of  the Ministry or Secretariat of the Economy or, as 
the case may be, the Directorate competent for ma tters pertaining to Central American economic 
integration in each State Party, or  the technical unit with responsibility for investigating situations that 
may warrant the application of the safeguard measures provided for in these Regulations".   
 
(a) Please identify the specific entity in El Salv ador that will serve as the administering 
authority for safeguard actions.   
(b) Please clarify whether, for safeguard actions, there is one investigating authority across 
the Central American Tariff and Customs Regi on or whether each country will have its 
own investigating authority.   
(c) In addition, please clarify how SIECA will f unction in the safeguards process and what 
role SIECA will play with regards to in itiation of safeguards investigations and 
determining injury and the causal link between imports and injury.   
                                                     
 
1 G/SG/N/1/SLV/3.   G/SG/Q1/SLV/3 
Page 2  
 
  Question 3  
 
Article 23 (Verification of information) of the Regulations  notes that the investigating 
authority may conduct verification visits as it deem s necessary.  Given the Agreement is silent on the 
issue of verification visits, can El Salvador please explain the circumstances that would result in a 
verification being conducted?   
 
Question 4  
 
Article 32 (Duration of safeguard measures) of the Regulations  states that a safeguard may be 
in place for a period not to exceed four years.  However, there is no provision of the Regulations  that 
states that a safeguard measure must be progressi vely liberalized throughout its duration as per 
Article 7, paragraph 4 of the Agreement.  Can El  Salvador please clarify that it will progressively 
liberalize safeguard me asures through their respective durations?   
 Question 5  
 
Article 32 (Duration of safeguard measures) of the Regulations  does not appear to address the 
application of a safeguard measure to an import wh ich has previously been subject to a safeguard 
measure in accordance with Article 7, paragraphs  5 and 6 of the Agreement.  Please clarify how 
El Salvador will apply safeguards in situations in which a product was previously subject to a 
safeguard measure.   
 
Question 6  
 
Article 37 (Review of the measure) of the Regulations  states:  "A safeguard measure that has 
been adopted may be reviewed, at the request of  a party or ex officio, at any time during its 
application, in accordance with the provisions of the Agreement".  However, there is no discussion 
about a mandatory review for a safeguard measure the duration of which exceeds three years as per 
Article 7, paragraph 4 of the Agreement.  Please clarify that reviews will be mandatory if they exceed a three year period as per Article 7, paragraph 4 of the Agreement.  Please also confirm that El Salvador will only withdraw a safeguard measure  or increase the pace of liberalization through 
these reviews, and will not use reviews to decrease the pace of liberalization.   
 
Question 7  
 
Article 38 (Publication) of the Regulations  notes that resolutions regarding the initiation of a 
safeguard investigation and the imposition of pre liminary and/or final measures shall be published 
only once and at the cost of the interested party.   Please identify which national newspapers would 
publish these notifications, as well as where the Offici al Journal of the Central American Integration 
System can be located online.    
Question 8  
 
Article 41 (Amendments to the Regulations) of the Regulations  states that "Each State Party 
shall submit a semi-annual report to the Executiv e Committee for Economic Integration, through 
SIECA, on the implementation of this instrument".   Please clarify how and where these semi-annual 
reports will be made available to interested parties.   
 
  
__________