WORLD TRADE  
ORGANIZATION  G/SG/Q1/HND/5 
3 December 2009 
 
 (09-6101) 
Committee on Safeguards Original:   Spanish 
  
 
NOTIFICATION OF LAWS AND REGULATIONS UNDER 
ARTICLE 12.6 OF THE AGREEMENT 
 
Responses to Questions Posed by the UNITED STATES
1 
Regarding the Notification of HONDURAS2 
 
  The following communication, dated 30 November 2009, is being circulated at the request of 
the delegation of Honduras.  
_______________ 
 
 
Question 1
 
 
 Is the WTO Agreement on Safeguards (the Agreement) self implementing under 
Honduran law?  Assuming that the Agreement is  self-implementing, in the event of a conflict 
between the Agreement and the Regulations,  which legal authority takes precedence?  
 
Response  
 
 Yes, the Agreement on Safeguards is self-imple menting.  As regards conflict arising in 
connection with the implementation of these instru ments, Honduras considers that conflict could not 
arise because the Central American Regulations on Safeguard Measures do no run counter to the spirit 
of the WTO Agreement.  On the contrary, they su pplement the Agreement.  Nonetheless, in the event 
of a conflict between the two instruments, the WTO Agreement would take precedence, since the 
Central American Regulations on Safeguard Measures derive from the WTO Agreement. 
 
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".  Please identify the specific government entity in Honduras that will 
serve as the administering authority for safeguard actions. 
 
                                                     
 
1 G/SG/N/1/HND/4. 
2 G/SG/N/1/HND/3. G/SG/Q1/HND/5 
Page 2  
 
  Response
 
  The Honduran investigation authority in respect of safeguard measures is the Directorate-General of Economic In tegration and Trade Policy (DGIEPC), attached to the Secretariat 
of State for Industry and Trade. 
 
Question 3
 
 
 Article 8 (Period of investigation ) of the Regulations  states that the period of 
investigation "shall be three years, without pr ejudice to the investigating authority being 
empowered to extend or reduce such period".  How would the administering authority go about 
selecting the three or other number of years that constitute the period of investigation?  For 
example, if a three-year period is selected, must the three years be consecutive years and must they also be the most recent three full years for which data are available?  Under what 
circumstances might the administering authority select a shorter or longer period?  
 
Response
 
  The investigating authority may select a s horter or longer period depending on the actual 
circumstances of the case.  In Honduras, the in vestigating authority must establish a period of 
investigation that takes into account the recent past  which saw the increase in imports causing injury 
or a threat of injury to the domestic industry. 
 
Question 4
 
 
 Article 15 (Notification of initiation of an investigation)  of the Regulations gives 
interested parties 45 days following notifica tion in which to submit evidence, whereas 
Article 24 (Public hearing) of the Regulations provides for additional opportunity to submit evidence at the public hearing, which would "conclude the evidentiary period" and Article 25 (Submissions) gives interested parties an  additional 15 days after the hearing to make 
submissions "in writing in addition to those made at the public hearing".  
 
 (a) Please explain the general time-line that the administering authority would 
follow in conducting an inv estigation and receiving evidence.  
  G/SG/Q1/HND/5 
 Page 3 
 
 
  Response  
  
 
 
 
    
 
    
 
     
 
    
 
     
 
    
 
    
 (b) Would the 45-day period for submitting  evidence be the same for all interested 
parties, or would it differ for interest ed parties depending upon when the party 
received notification of the initiation of the investigation? 
 
Response
 
 
 The 45-day period is counted from the date on wh ich each interested party was notified.  It 
may therefore differ at times depending on the date of notification, if some problem or other has 
prevented all interested parties from being notified on the same day. YES Application for a safeguards investigation filed with the DGIEPC in the 
Secretariat of State for Industry and Trade 
Examination and analysis of the appli cation by the investigating authority 
(30 days) 
Application 
complete 
Resolution rejecting application Application accepted and initiation of 
investigation declared (initiating resolution) 
Initiation of investigation notified to interested parties and WTO Committee on 
Safeguards (10 days) 
Evidence to be submitted by interested parties (45 days) from the day following 
notification.  Time-limit extended for another 30 days, at the request of 
interested party(ies). 
Single public oral hearing just before issuing of final resolution 
(concludes evidentiary period) 
Interested parties present additional submissions to the investigating 
authority in writing (15 days) 30 days to provide full 
information;  further 
30 days granted on 
request Provide 
sufficient 
evidence NO 
YES NO 
Single public oral hearing just before issuing of final resolution 
(concludes evidentiary period) Single public oral hearing just before issuing of final resolution 
(concludes evidentiary period) G/SG/Q1/HND/5 
Page 4  
 
   
 (c) Would the public hearing be conducted during that 45-day period?  If the public 
hearing is conducted after the end of the 45-day period, how would that affect the ability of the interested party to present evidence at the public hearing?  
 Response
 
  The hearing is not conducted during the 45-day period but just before the issuing of the final resolution, so that interested parties have the opport unity to present their views.  In addition to the 
45-day evidentiary period, the parties have a further opportunity to submit evidence at the public 
hearing.  Expiry of the 45-day time-limit for initia l presentation of evidence therefore does not affect 
the parties' second opportunity to present evidence at the public hearing.  
 (d) Could additional evidence be submitted during the 15-day period following the 
public hearing?  
 
Response
 
  The public hearing closes the evidentiary pe riod, pursuant to Article 24 of the Central 
American Regulations on Safeguard Measures;  no further evidence may consequently be adduced 
during the additional period following the public hear ing.  Only additional submissions may be filed 
in the 15-day period following the public hearing. 
 
 (e) What additional opportunities would an interested party have to rebut evidence 
submitted by another interested party?  
 Response
 
  There are no other opportunities than those provided for in Articles 15, 24 and 25 of the Central American Regulations on Safeguard Measures.  Interested parties may rebut evidence submitted by other parties up to the closing of th e public hearing, which concludes the evidentiary 
period. 
 
Question 5
 
 
 Article 27 (Conclusion of the investigation ) of the Regulations  requires the investigating 
authority to issue a "technical opinion" and th en to submit the "record together with the 
technical study" and recommendations to the mini ster or secretary.  What do the "technical 
opinion" and the "technical study" consist of and what is the difference between the two?  
 
Response  
  Both the technical opinion and the technical study set forth the supporting elements of law 
and fact obtained in the course of the investigation process. 
 
Question 6
 
 
 With regard to import relief measures: 
 
 (a) What types of import relief measures  may be applied under the regulations, and 
what limitations apply? 
  G/SG/Q1/HND/5 
 Page 5 
 
 
  Response  
 
The Regulations do not specify the form that su ch measures may take but, in accordance with 
Article 32, measures are imposed in order "to preven t or redress the serious injury which caused them 
to be applied, and to facilitate adjustment". 
 
 (b) Do the regulations limit any measures to those which are necessary to prevent or 
remedy serious injury and facilitate ad justment to import competition?  
 
Response  
 
 See response above.  
 (c) What other limitations would apply,  including with respect to duration and 
amount of relief? 
 
Response
 
  In accordance with Article 32, "[t]he period of  application of the measure shall not exceed 
four years, unless it is extended in conformity with the provisions of the Agreement".   (d) Do the regulations require the industry or firms in the industry to submit an 
adjustment plan or other information with respect to adjustment efforts that will be undertaken if measures are applied?  
 
Response
 
 
 No, the Regulations do not require the applican t to submit an adjustment plan.  Nonetheless, 
under Article 19 of the Regulations, the investigatin g authority may request any steps conducive to 
ascertainment of the facts being claimed.  
Question 7
 
 
 Article 38 (Publication ) of the Regulations  states that resolutions regarding the initiation 
of a safeguard investigation and the imposition of preliminary and/or final measures shall be 
published "once only, at the cost of the interested party."  
 
 (a) Please identify the publication in wh ich the Honduran authorities would publish 
these notifications.  
 
Response  
  The notifications would be published in the country's major newspapers and in La Gaceta  
(Official Journal of Honduras). 
 
 (b) Which of the interested parties listed in Article 1 of the Regulations  would be 
required to pay for publication of the notice?  
 Response
 
  The interested party requesting the safeguard me asure is required to pay for publication of the 
notice.  
 G/SG/Q1/HND/5 
Page 6  
 
  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.  
 
Response  
  The information will be made available in printed and electronic form to the Executive 
Committee for Economic Integration, through the Secretariat for Central American Economic 
Integration (SIECA).  
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