WORLD TRADE  
ORGANIZATION  G/SG/Q1/ZMB/2 
25 February 2010 
 (10-1081) 
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 ZAMBIA2 
 
  The following communication, dated 21 February 2010, is being circulated at the request of 
the Delegation of Zambia.    
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Question 1 
 
 Clarify when the Act came into effect.   
 
Reply
 
 
The Act came into effect in 2006.   
 Question 2   Is the WTO Agreement on Safeguards self implementing under the Zambian law?  Assuming that the Agreement on Safeguards is self-implementing, in the event of a conflict between the Agreement on Safeguards and the Ac t, which legal authority takes precedence?   
 Reply
 
  All Agreements or Protocols, the Safeguard M easures Agreement inclusive, that Zambia is 
party to have to be domesticated fo r them to be legally enforced.   
 Question 3 
 
 Article 4A defines the term "safeguard inv estigation" to mean an investigation into 
whether increased imports "have caused serious injury" to the domestic industry.  This 
definition does not seem to allow for the possibility of finding of threat of serious injury, even 
though the term "threat of serious injury" is defined elsewhere in Article 4A.  Please clarify 
whether Zambian authorities are able to appl y a safeguard measure when they find that a 
product is being imported in such increased quant ities and under such conditions as to threaten 
to cause serious injury.   
 
                                                     
 
1 G/SG/Q1/ZMB/1.   
2 G/SG/N/1/ZMB/2.   G/SG/Q1/ZMB/2 
Page 2  
 
  Reply
 
  Though the definition of a safeguard investig ation does not seem to include investigations 
into threat of serious injury, a safeguard measure can s till be applied even if there is a lack of clarity in 
the domestic law because Article 4H (1) (b) (viii) gives powers to  the Safeguards Investigations 
Committee to consider threat of serious injury.   
 
Question 4 
 
 In reference to Article 4E, please clarify whether the Minister will, upon initiation of a 
safeguard investigation, notify the Government  of exporting countries and the WTO Safeguards 
Committee, in accordance with Article 12.1 of the Agreement on Safeguards.  In addition, 
please clarify where the statutory orders announcing the initiation of a safeguard investigation will be published.   
 Reply
 
  The minister will notify the Governments of exporting countries concerned and the WTO Safeguards Committee, or the responsible comm ittee under any regional economic agreement or 
grouping to which Zambia is a party under which the sa feguard investigation is to be conducted.  The 
notification is made after a preliminary investiga tion by the Safeguards Investigations Committee has 
concluded that there is need for a thorough or full investigation.  The statutory orders announcing the 
investigation are published in the Government Gazette.   
 
Question 5 
 
 With regard to Article 4G(1)(j), please clarify how the Minister will decide the 
appointment of the "two other persons" to th e Advisory Committee.  Please clarify whether 
these appointments will be Government personne l or whether the appointees may be employed 
outside the Government.   
 
Reply
 
 
 The Minister will be advised on the other two pe rsons to be appointed.  The two could either 
be from the private sector or Government.    
Question 6 
 
 With regard to Article 4J(1), please clarify whether the Investigations Committee will 
make available non-confidential summaries of co nfidential information supplied by interested 
parties in the investigation, in accordance with Article 3.2 of the Agreement on Safeguards.   
 
Reply
 
 
 Summaries of non-confidential information w ill be provided by Safeguards Investigations 
Committee upon request by interested parties.    
Question 7 
 
 Article 4L notes that the investigation Committee will notify the public of hearings via 
Gazette notice:    G/SG/Q1/ZMB/2 
 Page 3 
 
 
  (a) Please clarify in which gazette this notice w ill be published.  In addition, please confirm 
that interested parties will be notified directly  by the Investigations Committee that such 
hearings will be held.  
 (b) Please confirm that any statement made orally  in a hearing will also be made available 
in writing on the public file of the case for interested parties to review and comment on.   
 
Reply
 
  Notification of the public will be through Govern ment Gazette, and if necessary in the media.  
Interested parties will be notified directly by the I nvestigations Committee.  Oral statements made at 
public hearings will be recorded and filed and made  available to interested parties who may ask for 
them.    
Question 8 
 
 Article 4M (4) notes what the Minister will noti fy via Gazette notice if a decision is made 
not to apply a provisional safeguard measure.  Please confirm that the Minister will also provide notification upon the decision to apply a provi sional safeguard measure, in accordance with 
Article 12.1 of the Agreement on Safeguards.   
 Reply
 
  When a decision to apply a provisional safeguard  measure is made interested parties will be 
notified in writing.    Question 9   Article 4O(5) states that, "Notwithstanding an y other provisions of this Part, a definitive 
safeguard measure in the form of a quota alloca ted in accordance with subsection (4) shall not 
be extended beyond the initial period".  Please clarify what the initial period is.   
 Reply
 
  This is may not be clear but it refers to th e first duration or time the quota is applied.   
 
Question 10 
 
 Article 4U of the Act notes that the Mini ster may re-apply a safeguard measure to 
imports previously subject to a safeguard measure "provided that a period equal to one half of 
the duration of an earlier definitive safeguard measure has elapsed and not less than two years have elapsed".    
(a) Please clarify how this is consistent with Article 7.5 of the Agreement on Safeguards 
which states that (1) a time period equal to the duration of an earlier definitive 
safeguard measure must pass before a safeguard may again be applied, and (2) that the period of non application of the previous measure must be at least two years.   
 
(b) Please confirm that if Zambia were to a pply a safeguard measure to a product which 
was previously subject to a safeguard measure, that it would undertake a new investigation pursuant to all relevant pr ovisions of the Act and the Agreement on 
Safeguards. G/SG/Q1/ZMB/2 
Page 4  
 
  Reply
 
  We accept this Article may not exactly capture the meaning of Article 7.5 of the WTO Agreement on Safeguards.  However, in applying  a safeguard measure to a product that was the 
subject of an earlier safeguard measure we woul d follow the WTO Agreement on Safeguards.  This 
and many other unclear or vague clauses will be revisited when we revise our trade remedies 
legislation expected to be done in 2010.     Furthermore, we can confirm that before re-a pplying a safeguard measure a new investigation 
will have to be undertaken in order to check if ther e is a need for another safeguard measure and that 
the domestic industry adjusting for "competition" when the measure is finally removed. 
   
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