WORLD TRADE  
ORGANIZATION  G/SG/Q1/THA/2 
22 December 2009 
 (09-6666) 
Committee on Safeguards Original:   English 
  
 
NOTIFICATION OF LAWS AND REGULATIONS UNDER 
ARTICLE 12.6 OF THE AGREEMENT 
 
Replies to Questions from the UNITED STATES
1  
Regarding the Notification of THAILAND2 
 
  The following communication, dated 28 September 2009, is being circulated at the request of the Delegation of Thailand.  
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Question 1 
 
 Is the WTO Agreement on Safeguards (the Agreement on Safeguards) self implementing 
under Thai law?  Assuming that the Agreement is  self-implementing, in the event of a conflict 
between the Agreement and the Safeguards Act , which legal authority takes precedence?   
 
Reply
 
 
 We note that international agreements are not  automatically implemented in the Thai legal 
system.  As a result, the WTO Safeguards Agreemen t is not self-implementing under Thai law.   
  Regarding legal precedence between the WTO Safeguards Agreement and the Thai Safeguards Act, we would like to direct the Unite d States and other Members to Section 41 of the 
Thai Safeguards Act, which basically provides:   
 
"When the safeguard measures specified by an international agreement that Thailand 
has entered into ... differ from those speci fied in this Act ... any implementation ... 
shall be in accordance with the obligati ons that Thailand has committed to under 
each specific agreement." 
 
 Therefore, in the event of a conflict betw een the WTO Safeguards Agreement and Thailand's 
Safeguards Act, our WTO obligations should take  precedence as set forth in Section 41.   
 
Question 2 
 
 The definition of "interested parties" appea rs to allow overseas trade associations to be 
interested parties only if their "majority memb ers are the producers, exporters, or importers of 
the increased import products...".  This definiti on seems to exclude the designation of a trade 
association as an interested party when less th an a majority of members of the association are 
                                                     
 
1 G/SG/Q1/THA/1.   
2 G/SG/N/1/THA/3.   G/SG/Q1/THA/2 
Page 2  
 
  producers, exporters or importers of the subject imports.  Please explain what is meant by 
"majority members", how Thailand would determine whether the majority test is met, and how 
this definition is consistent with Article 3.1 of  the Agreement on Safeguards, which contains no 
such limitation.   
 Reply
 
  On the issue of "interested parties" in Questi on 2, we note that this term is not defined in 
Article 3.1 of the Safeguards Agreement.  In the Thai Safeguards Act, the same standard of 
composition applies to domestic and foreign interested pa rties.  This is to ensure equal treatment that a 
particular trade association is in fact an 'interes ted' party and should be considered as such.   
  Consistent with Article 3.1 of the WTO Sa feguards Agreement, Section 19 of the Thai 
Safeguards Act provides importers, e xporters, and other interested parties with the opportunity during 
an investigation to present eviden ce and views on whether the application of a safeguard measure 
would be in the public interest.   
 
Question 3 
 
 Regarding Chapter 1, The Committee, Section 5  of the Safeguards Act , are appointees to 
the Committee subject to non-disclosure and co nfidentiality rules?  Must Committee members 
be government officials or may non-government persons be appointed to the Committee?   
 
Reply
 
  Regarding non-disclosure and confidentiality rules for the appointees to the Committee, 
Section 21 of the Safeguards Act would apply.  This provides that " Any information, which is by 
nature confidential or which is provided on a conf idential basis, shall be treated as confidential 
unless otherwise approved by the provider ".  Committee members would therefore be subject to this 
provision.     The law does not limit Committee members to government officials.  As set out in Section 5, 
Thailand's Cabinet of Ministers shall appoint seven individuals from specific areas of expertise as 
Committee members.   
 
Question 4 
 
 With regard to Chapter 1, The Committee, Section 6  of the Safeguards Act , does the 
Committee in its advisory role have the authorit y to adjust, overturn or remand decisions by the 
Department of Foreign Trade, especially with respect to the initiation of a safeguard investigation and the imposition of a measure?   
 
Reply
 
 
 Concerning the role of the Committee, as set forth in Sections 22 – 24 and 40, the Committee has full authority in making determinations on whether or not to impose, adjust, or terminate a safeguard measure.  DFT merely proposes the f acts and its views to the Committee for its 
determination.    G/SG/Q1/THA/2 
 Page 3 
 
 
  Question 5 
  With regard to Chapter 2, Part 1, Section 14  of the Safeguards Act , please clarify 
whether this section relates to an investigation that is self-initiated by the Department of 
Foreign Trade.   
 Reply
 
  Yes, Section 14 of the Safeguards Act refe rs to a self-initiated investigation by the 
Department of Foreign Trade.   
 
Question 6 
 
 Regarding Chapter 2, Part 1, Section 15  of the Safeguards Act , in the event of possible 
conflict between the Department of Foreign Trade and the Committee, which decision-making 
body would prevail and what is the proces s for these deliberative discussions concerning 
safeguard determinations?    
Reply
 
 
 Question 6 inquires about the hierarchy between  DFT and the Committee.  As mentioned in 
Question 4, the Committee is the only decision maker in Thai safeguard proceedings.   
 
Question 7 
 
 With regard to Chapter 2, Part 2, Section 16  of the Safeguards Act , when does Thailand 
anticipate notifying to this Committee its mini sterial regulations, as referenced in this section 
and throughout this notification?    
Reply
 
 
 Please note that the draft Ministerial regulations have not yet been approved by our Cabinet.  We intend to notify the Safeguards Committee of the final regulations after they have been approved 
and published in the Royal Gazette.   
 
Question 8 
 
 Regarding Chapter 2, Part 3, Section 18  and Chapter 6 Section 40  of the Safeguards Act , 
please provide the name of the official journal in which safeguard notifications will be published.  If this journal is available on the internet, please provide the website address.   
 
Reply
 
 
 Safeguard notifications will be published in the Royal Gazette 
[http://www.ratchakitcha.soc.go.th/RKJ/index/index.htm ].   
  They can also be viewed on the website of th e Department of Foreign Trade, Ministry of 
Commerce [http://www.dft.go. th/level3.asp?level2=42
].   G/SG/Q1/THA/2 
Page 4  
 
  Question 9 
 
 Regarding Chapter 2, Part 3, Section 19  and Chapter 2, Part 4, Section 22  of the 
Safeguards Act , please confirm that any comments provided by interested parties will also be 
made available to other interested parties through the public record of the investigation, in the 
form of adequately detailed, non-confidential su mmaries, to allow all parties the opportunity to 
fully defend their interests.   
Reply
 
 
 Could the United States please clarify question 9?  We note that Section 19 pertains to 
investigations while Section 22 pertains to th e determination of provisional measures.   
 
Question 10 
 
 Regarding Chapter 2, Part 5, Section 24  of the Safeguards Act , in the case of a final 
decision by the Committee to terminate the pr ovisional safeguard measure, please specify the 
relevant regulations and procedures for the refund of provisional tariffs collected.    
Reply
 
 
 Once a notification to terminate a provisional safeguard measure is released, a refund order 
will also be notified to Thai Customs.  The Customs Department's re gulations and procedures 
concerning refund proceedings may be viewed on Customs' website 
[http://www.customs.go.th/Law/Law.jsp ].   
 
Question 11  
 Regarding Chapter 3, Section 26  of the Safeguards Act , please confirm that prior to 
imposition of final safeguard measures, the Thai  authorities shall provide adequate opportunity 
for prior consultations with WTO Members having  a substantial interest as exporters of the 
product concerned, as stated in Article 12.3 of the Agreement on Safeguards.   
 
Reply
 
  As mentioned in our responses to Question 1 and other questions, Section 41 of the Thai 
Safeguards Act ensures that Thailand will comply  with its WTO obligations under the Safeguards 
Agreement as set out in that Section.   
   
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