WORLD TRADE  
ORGANIZATION  WT/DS366/14 
26 February 2010 
 (10-1095) 
 Original:   English 
  
 
COLOMBIA – INDICATIVE PRICES AND 
RESTRICTIONS ON PORTS OF ENTRY 
 
Understanding between Panama and Colombia
 
Regarding Procedures under Articles 21 and 22 of the DSU  
 
  The following communication, dated 23 Februa ry 2010, from the delegation of Panama and 
the delegation of Colombia to the Chairman of th e Dispute Settlement Body, is circulated at the 
request of these delegations. 
 
_______________ 
 
  In relation to the above mentioned proceedings , the parties to the dispute hereby submit their 
Agreed Procedures under Articles 21 and 22 of the Dispute Settlement Understanding. 
 
    
 
  
Iván Vergara 
Chargé d'Affairs, a.i. 
Permanent Mission of Panama to the WTO  
 
  
Eduardo Muñoz 
Ambassador, Permanent Representative 
Permanent Mission of Colombia to the WTO 
 WT/DS366/14 
Page 2  
 
   Agreed Procedures under Articles 21 and 22  of the Dispute Settlement Understanding
 
 
Colombia – Indicative Prices and Restrictions on Ports of Entry 
(DS366 ) 
 
 The Dispute Settlement Body (DSB) adopted the Panel Report in the dispute Colombia – 
Indicative Prices and Restrictions on Ports of Entry, (WT/DS366 ) on 20 May 2009. 
 On 2 October 2009, the Arbitrator appointed pur suant to Article 21.3(c) of the Understanding 
on Rules and Procedures Governing the Settlement of  Disputes (DSU) issued its award, granting 
Colombia a reasonable period of time of 8 months  and 15 days to implement the recommendations 
and rulings adopted by the DSB (WT/DS366/13). Th e reasonable period of time for implementation 
ended on 4 February 2010.    
 Panama and Colombia ("the parties to the dis pute") have agreed on the following procedures 
for the sole purposes of this disput e. They are designed 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 Panama consider that the situation described in Article 21.5 of the DSU exists, 
Panama will request consultations, which the pa rties to the dispute will hold within 20 days 
from the date of circulation of such request.   
Panama may at any time following the failure of consultations within the above set period of 
time request the establishment of a panel pursuant to Article 21.5 of the DSU. 
2. At the first DSB meeting at which Panama's request for the establishment of an Article 21.5 
compliance panel appears on the agenda, Colomb ia will accept the establishment of that 
compliance panel. 
3. The parties to the dispute will cooperate to enable the Article 21.5 compliance panel to 
circulate its report within 90 days of the pa nel'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 to the dispute may request the DSB to adopt the report of the Article 21.5 
compliance panel at a DSB meeting held at least 30 days after the circulation 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 to the dispute will 
cooperate to enable the Appellate Body to circ ulate its report to the Members within 90 days 
from the date of notification of the appeal to the DSB. 
6. In the event of an appeal, eith er party to the dispute may request the DSB to adopt the reports 
of the Appellate Body and the Article 21.5 comp liance panel (as upheld, modified or reversed 
by the Appellate Body), at a DSB meeting held w ithin 30 days of the circ ulation of that report 
to the Members. 
7. In the event that the DSB finds, following a pr oceeding under Article 21.5 of the DSU, that 
Colombia has failed to comply with the recomme ndations and rulings of the DSB, or that the 
measure taken to comply does not exist or is in consistent with a cove red agreement, Panama 
may request Colombia to enter into negotiatio ns with a view to developing mutually 
acceptable compensation. If no satisfactory comp ensation has been agreed within 20 days 
after the adoption by the DSB of the rulings and recommendations under Article 21.5 of the  WT/DS366/14 
 Page 3 
 
 
  DSU, Panama may request authorisation to suspend concessions or other obligations in 
accordance with Article 22.2 of the DSU. 
8. Colombia will not assert that Panama is precl uded from obtaining such DSB authorization to 
suspend concessions or other obligations on the gr ounds that the request was made outside the 
30-day time-period specified in Article 22.6 of the DSU. This is without prejudice to 
Colombia's right to have the matter referred to arbitration in accordance with Article 22.6 of 
the DSU. 
9. If Panama requests authorisation to suspend concessions or other obligations pursuant to 
Article 22.2 of the DSU, and if Colombia obj ects under Article 22.6 of the DSU to the level 
of suspension of concessions or other obliga tions and/or claims that the principles and 
procedures set forth in Article 22.3 of the DS U have not been followed, the matter will be 
referred to arbitration pursuant to Article 22.6 of the DSU. 
10. The parties to the dispute will cooperate to enable the arbitrator in DSU Article 22.6 
proceedings to circulate its decision within 60 days of the referral to arbitration.  
11. If any of the original panelists is not availabl e for either the Article 21.5 compliance panel or 
the DSU Article 22.6 arbitrati on proceedings (or both), the parties to the dispute will 
promptly consult on a replacement, and either party 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, the parties to the dispute will further request that, in making this 
appointment, the Director-General seek a person who will be available to act in both 
proceedings. 
12. The parties to this dispute will continue to c ooperate 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 to the dispute 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, Switzerland, the 23
rd day of February, 2010.   
  
For Panama 
    
 
______________________ 
Iván Vergara 
Chargé d'Affairs, a.i. For Colombia 
    
 
__________________ 
Eduardo Muñoz 
Ambassador, Permanent Representative 
  
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