WORLD TRADE  
ORGANIZATION  WT/DS334/13 
13 May 2008 
 
 (08-2211) 
 Original:   English 
  
 
TURKEY – MEASURES AFFECTING THE IMPORTATION OF RICE 
 
Understanding between Turkey and the United States
 
Regarding Procedures under Articles 21 and 22 of the DSU  
 
 
 The following communication, dated 7 May 200 8, from the delegation of Turkey and the 
delegation of the United States to the Chairman of th e Dispute Settlement Body, is circulated at the 
request of these delegations.  
_______________ 
 
  Turkey and the United States would like to inform the Dispute Settlement Body of the 
attached "Agreement between Turkey and the United States Regarding Procedures under Articles 21 
and 22 of the Dispute Settlement Understanding" with respect to the dispute Turkey – Measures 
Affecting the Importation of Rice  (WT/DS334). 
  We request that you circulate the attached  agreement to the Members of the Dispute 
Settlement Body.  
 
  
  
 
H.E. Mr. Bozkurt Aran 
Ambassador 
Permanent Mission of Turkey  
to the World Trade Organization  
 
  
 
H.E. Mr. Peter F. Allgeier 
Ambassador 
Permanent Mission of the United States  
to the World Trade Organization 
 WT/DS334/13 
Page 2  
 
  Agreement between Turkey and the United States
 
Regarding Procedures under Articles 21 and 22  
of the Dispute Settlement Understanding  
  
 On 22 October 2007, the Dispute Settlement Body (DSB) adopted its recommendations and 
rulings in the dispute Turkey – Measures Affecting the Importation of Rice (WT/DS334).  On 
9 April 2008, Turkey and the United States (colle ctively, the "Parties") informed the DSB that, 
pursuant to Article 21.3(b) of the Understanding on Rules and Procedures Governing the Settlement 
of Disputes ("DSU"), they had agreed that the re asonable period of time for Turkey's implementation 
of the DSB's recommendations and rulings would be 6 months, expiring on 22 April 2008.  This 
notification was circulated to WTO Members on 11 April 2008 (WT/DS334/12).   The reasonable period of time expired on 22 April 2008.  Therefore, the Parties have agreed on the following procedures for purposes of this dispute:  
 
1. If the United States deems it appropriate to invoke Article 21.5 of the DSU, the United States 
will request that Turkey enter into consultations  with the United States.  The Parties agree to 
hold such consultations within 15 days fr om the date of receipt of the request.  
 2. After the 15-day period referenced in paragr aph 1 has elapsed, the United States may request 
the establishment of a panel pursuant to DSU Ar ticle 21.5 (the "compliance panel") at any 
time.  
 3. At the first DSB meeting at which the US re quest for the establishment of a compliance panel 
appears as an item on the agenda, Turkey w ill accept the establishment of that panel.  
 
4. The Parties will cooperate to enable the co mpliance panel to circulate its report within 
90 days of such panel's composition, excluding such time as the compliance panel's work may be suspended pursuant to Article 12.12 of the DSU. 
 5. In case of an appeal of the compliance panel report, the Parties will cooperate to enable the 
Appellate Body to circulate its report within 90  days from the date of notification of the 
appeal to the DSB. 
 6. The United States may request authorization to suspend concessions or other obligations 
pursuant to DSU Article 22.2 simultaneously w ith or at any time after a request for the 
establishment of the compliance panel pursuant to  paragraph 2.  Turkey will not assert that 
the United States is precluded from obtaining such  DSB authorization because its request was 
made outside the time period specified in Article 22.6 of the DSU.  
 7. If the United States requests authorization to suspend concessions or other obligations 
pursuant to Article 22.2 of the DSU, in accord ance with Article 22.6 of the DSU, Turkey will 
object to the level of suspension of concessions or other obligations and/or claim that the 
principles and procedures set forth in DSU Article 22.3 have not been followed. 
 8. If the matter has been referred to Article 22.6 arbitration prior to adoption by the DSB of its 
recommendations and rulings in the Article 21.5 proceeding, the Parties will request that the 
Article 22.6 arbitrator suspend its work.   
 9. In the event that the DSB rules that a measure taken to comply does not exist or is 
inconsistent with a covered agre ement, either party may request the Article 22.6 arbitrator to  WT/DS334/13 
 Page 3 
 
 
  resume its work.  The Parties will cooperate to enable the arbitrator to circulate its report 
within 60 days of the resumption of its work.  
 10. In the event that the DSB rules that Turk ey has taken a measure to comply with the 
recommendations and rulings of the DSB and each such measure is not inconsistent with the 
covered agreements, the United States will wit hdraw its request under Article 22.2 of the 
DSU, thereby terminating the arbitration procedure.  
 11. The Parties will cooperate to facilitate the pa rticipation of the orig inal panelists in the 
Article 21.5 proceeding and the Article 22.6 arbitration. 
 
12. If any of the original panelists is not availa ble for either the Article 21.5 proceeding or the 
Article 22.6 arbitration, or both, the Parties will promptly consult on a replacement panelist, 
and either Party may request the Director-General of the WTO to appoint, as soon as possible, a replacement for the proceeding or proceedings in  which such a replacement is required.  For 
any such request where an original panelist is  unavailable to participate in the Article 21.5 
proceeding and the Article 22.6 arbitration, the Parties will request that in selecting a panelist for the compliance panel, the Director-General seek a person who will also be available to act 
in the Article 22.6 arbitration.  
 13. The Parties will cooperate in all matters rela ted to these agreed procedures and will not raise 
any procedural objection to any of the steps set out herein.  If, during the application of these 
procedures, the Parties consider that a procedur al aspect has not been properly addressed, they 
will endeavor to find a solution within the shortest time possible that will not affect the other agreed procedures. 
 
14. These agreed procedures in no way prejudice other rights of either party to take any action or 
procedural step to protect its rights and interests, including recourse to the DSU. 
   Agreed in Geneva on 7 May 2008. 
 
 
   
H.E. Mr. Bozkurt Aran 
Ambassador 
Permanent Mission of Turkey  
to the World Trade Organization  
 
   
H.E. Mr. Peter F. Allgeier 
Ambassador 
Permanent Mission of the United States 
to the World Trade Organization 
 
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