WORLD TRADE  
ORGANIZATION  G/SG/Q1/SLV/4 
26 November 2008 
 (08-5811) 
Committee on Safeguards Original:   Spanish 
  
 
NOTIFICATION OF LAWS AND REGULATIONS UNDER 
ARTICLE 12.6 OF THE AGREEMENT 
 
Replies to Questions Posed by the UNITED STATES
1 
Regarding the Notification of EL SALVADOR2 
 
  The following communication, dated 8 October 2008, is being circulated at the request of the delegation of El Salvador.  
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Question 1
 
 
Is the WTO Agreement on Safeguards (the Agreement) self-implementing under 
El Salvador law?  Also, in potential ca ses of conflict between the Agreement and the 
Regulations,  which legal authority takes precedence?  
 
Reply  
 
 Yes, the WTO Agreement on Safeguards is self-implementing under Salvadoran law. 
  According to Article 144 et seq. of the Salvador an Constitution, if there is a conflict between 
the Agreement on Safeguards and the Central American Regulations on Safeguard Measures 
(hereinafter Regulations ), the former shall take precedence. 
 Question 2
 
 
Article 1 (Definitions) of the Regulations  defines 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 competen t for matters 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 Salvador that will serve as the 
administering authority for safeguard actions. 
 
                                                     
 
1 G/SG/Q1/SLV/3. 
2 G/SG/N/1/SLV/3. G/SG/Q1/SLV/4 
Page 2  
 
  Reply
 
  The Dirección de Administración de Tratados Comerciales  (DATCO) (Trade Agreements 
Directorate) of the Ministry of the Economy.   (b) Please clarify whether, for safeguard ac tions, there is one investigating authority 
across the Central American Tariff a nd Customs Region or whether each 
country will have its own investigating authority. 
 
Reply
 
 
 Article 1 (Definitions) of the Regulations  states that the investigating authority is competent 
for matters pertaining to Central American economic integration in each State Party, or the technical unit in each State Party with responsibility for i nvestigating situations that may warrant the 
application of safeguard measures. 
 
 (c) In addition, please clarify how SIECA will function in the safeguards process 
and what role SIECA will play with regards to initiation of safeguards investigations and determining injury and the causal link between imports and 
injury. 
 Reply
 
  Article 35 of the Regulations  stipulates that SIECA's role is to convene the Council of 
Ministers for Central American Economic Integrati on so that the latter may be apprised of and 
approve the resolutions of each country's inves tigating authority regarding the application of 
provisional or definitive safeguard measures. 
 
Question 3
 
 
Article 23 (Verification of information) of the Regulations  notes that the investigating 
authority may conduct verification visits as it deems necessary.  Given the Agreement is silent 
on the issue of verification visits, can El Sa lvador please explain the circumstances that would 
result in a verification being conducted? 
 
Reply  
 
 According to Article 23 of the Regulations , a verification visit is conducted when the 
investigating authority considers it relevant, at any time during the course of the investigation. 
 
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 progressively 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? 
 Reply
 
  As indicated in Article 29(f) of the Regulations , the safeguard measure is progressively 
liberalized in accordance with Article 7. 4 of the WTO Agreement on Safeguards. 
  G/SG/Q1/SLV/4 
 Page 3 
 
 
  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 which has previously been subject 
to a safeguard measure in accordance with Arti cle 7, paragraphs 5 and 6 of the Agreement.  
Please clarify how El Salvador will apply safegu ards in situations in which a product was 
previously subject to a safeguard measure. 
 
Reply  
 
 In accordance with Article 7.5 of the Ag reement on Safeguards, as indicated in the 
Regulations . 
 
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 provision s of the Agreement".  However, there is no 
discussion about a mandatory review for a safe guard 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, a nd will not use reviews to decrease the pace of 
liberalization. 
 
Reply
 
 
 Article 37 of the Regulations  states that "[a] safeguard measure … may be reviewed, in 
accordance with the provisions of the Agreement ".  The reference made to the WTO Agreement on 
Safeguards concerns the relevant provisions of  Article 7 (Duration and Review of Safeguard 
Measures).  Therefore, when reviewing a measure El  Salvador will act in compliance with Article 7.4 
of the WTO Agreement on Safeguards (since the latter is part of domestic legislation applicable to 
this type of investigation). 
 
Question 7  
 
Article 38 (Publication) of the Regulations  notes that resolutions regarding the initiation 
of a safeguard investigation and the imposition of preliminary 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 Official Journal of the Central American Integration System can be located online. 
 
Reply
 
 
 Article 38 of the Regulations  provides that the interested party shall cover the cost of 
publication in a national newspaper – not that of ma ndatory publication in the Official Journal of the 
State Party imposing the measure.  
 The Central American Integration System does not yet have an official journal. 
 G/SG/Q1/SLV/4 
Page 4  
 
  Question 8
 
 
Article 41 (Amendments to the Regulations) of the Regulations  states that "Each State 
Party shall submit a semi-annual report to the Ex ecutive 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.  
Reply
 
  The report submitted to the Executive Committe e for Economic Integration through SIECA is 
notified to interested parties having information in  the record, in accordance with Article 43 of the 
Regulations . 
 
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