WORLD TRADE  
ORGANIZATION   
G/ADP/N/1/KWT/1 
G/SCM/N/1/KWT/1 
G/SG/N/1/KWT/1 20 June 2011 
 
(11-3040) 
Committee on Anti-Dumping Practices Committee on Subsidies and Countervailing Measures Committee on Safeguards  Original:   English 
 
 
 
NOTIFICATION OF LAWS AND REGULATIONS UNDER 
ARTICLES 18.5, 32.6 AND 12.6 OF THE AGREEMENTS 
 
KUWAIT 
 
  The following communication, dated 8 June 2011, is being circulated at the request of the 
Delegation of Kuwait.  
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The Cooperation Council for the Arab States of the Gulf  
Secretariat General 
Bureau of Technical Secretariat 
 For Anti-injurious Practices in International Trade 
Amended 
GCC common law of anti-dumping, co untervailing measures and safeguards 
 
Further to the requirements under the Anti-Dump ing Agreement, the Agreement on Subsidies 
and Countervailing Measures and the Agreement on Sa feguards, and in accordance with the related 
decisions adopted by the Committees established under these Agreements, the Delegation of the State 
of Kuwait has the honour to notify the unofficial English translation of the full text of the Anti-dumping and Countervailing Measures and Safegua rds Act of the Cooperation Council for the 
Arab States of the Gulf ("GCC"), as amended in December 2010.  The GCC Rules of Implementation 
on the same three measures are currently being transl ated into English.  As soon as translation is 
completed, such Rules will also be notified. 
 
It should be noted that the attached document re presents an unofficial English translation of 
the GCC law and that the text that is legally bindin g in the State of Kuwait is the original version in 
Arabic. 
 
Article 1 
Objective 
 
The objective of the common law is to empow er GCC countries to take measures against 
Dumping, Subsidy and Increase of imports which create injury for any of GCC industries.  
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  Article 2 
Scope 
 
This common law applies on injurious practic es in international trade from non-Member 
States toward GCC countries. 
Article 3 
Definitions 
 
For the purpose of the common law, the expr essions indicated below have the following 
meaning, unless otherwise specified:  
- GCC :  cooperation council for the Arab state of the gulf. 
- Member States :  GCC Member States. 
- Ministerial Committee (MC) :  GCC industrial cooperation committee which consists of 
Industrial Ministers at Member States. 
- The Financial and Economical Cooperation Committee (FECC) :  A GCC committee 
consisting of Member States ministers of finance and economy. 
- Permanent Committee (PC) :  A committee of anti-injurious practices in international trade 
of Member States. 
- Bureau of Technical Secretariat :  GCC technical secretariat bureau for anti-injurious 
practices in international trade.  
-
 Judicial Commission :  the judicial commission established according to Member States' 
economic. 
- The Law :  GCC common law of anti-dumping, countervailing measures and safeguards. 
- Rules of Implementations :  a regulation issued to implement the GCC common law 
provisions.  
- Interior Rules :  the permanent committee's modalities of work and its decision making 
process. 
- Official gazette :  the Gazette issued by the technical secretariat  bureau. 
- Injurious practices in international trade  :  dumping, subsidy and increase of imports. 
- Dumping :  exporting a product to GCC at less than its normal value for alike products in the 
ordinary course of trade, as established for the exporting country. 
- Subsidy :  subsidy is any kind of financial c ontribution might support either income or 
prices, according to Article 16 of the GATT Agreement 1994, provided by the government 
of origin or public organization ma king benefits to the beneficiary.  
- Measures :  anti-dumping, countervailing and safeguard measures.  G/ADP/N/1/KWT/1 
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  - Anti-dumping measures :  measures against dumping according to this Law and its 
regulation.  
- Countervailing measures :  measures against countervailabl e subsidy, according to this 
Law and its regulation. 
- Safeguard measures :  measures against increase of imports according to this Law and its 
regulation.   
- Definitive measures :  measures taken by the ministerial committee at the end of 
investigation where definitive affirmative dete rminations have been reached according to 
this Law and its regulation. 
- Provisional measures :  measures taken by the perman ent committee for a short period of 
time, during the investigation where prelimin ary affirmative determinations have been 
reached according to this Law and its regulation.   
- Complaint :  a written application  submitted according to the form prepared for this 
purpose. 
- GCC Industry :  The total of Member States producers for alike products or which 
constitutes a major proportion of the total dom estic production of that product. For the 
purpose of safeguard investigations, the term GCC industry shall mean total Member States 
producers for alike product, directly comp etitive to it or which constitutes a major 
proportion of the total domestic production of that product.  
- Interested parties :  
- Foreign exporter, importer or prod ucer of the concerned product. 
- Producers which their industrial material including concerned product. 
- Governmental or private organizations which represent or protect consumers. 
- The government of exporting country. 
- Any other national or foreign partie s discerned or had an interest in 
concerned product.  
- GCC Market :  overall markets of the GCC Member State. 
Article 4 
Complaining and Investigation Procedures 
 
A complaint against any alleged injurious practi ces in international trade shall be submitted, 
accepted, examined, initiated or te rminated an investigation and Subsequent Investigation after 
revision , and  imposing a procedure in accordance w ith this Law and its rules of implementation. 
 
Article 5 
Measures 
 
Measures are taken as follows:  
1. If under investigation, products which imported to the  Member States are: G/ADP/N/1/KWT/1 
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  - dumped or subsidized 
- caused of material injury or threat of material injury 
- caused of delay or obstruction to GCC industry and there is causal link 
2. If it is proven that unde r investigation products  were imported to the Member States as 
increased quantities, absolute or re lative, in such conditions as to cause or threaten to cause serious 
injury to the GCC industry that produces alike or  directly competitive products, and there is casual 
link. 
Article 6 
Forms of Measures 
 
Measures may  take the form of: 
 
1. Anti-dumping and countervailing measures of custom duties or price undertaking not beyond 
the dumping margin or the amount of su bsidy that definitively determined. 
2. Provisional measures of anti-dumping and counter vailing of custom duties, price undertaking 
or security by cash deposit or bond not beyond the dumping margin or the amount of subsidy that initially determined.  
3. Definitive safeguards measures agai nst increase of imports of either a quantitve restriction or 
tariff increase, or any other form which is consistent with the WTO agreements. 
4. Provisional safeguards measures of tariff increase. 
Article 7 
Implementation of the Common Law and Its Rules of Implementation  
 
The ministerial committee, the permanent comm ittee and the technical secretariat are each 
one within its competence, responsible for implem enting this Law and its rules of implementation. 
 
Article 8 
Competence of Ministerial Committee 
 
The Ministerial Committee is competent to take decisions in the following matters: 
 
1. Approval of imposing relevant definitive measures of anti- dumping , special subsidy and 
increase of imports, or suspending, terminating,  increasing or reducing de finitive anti-dumping and 
countervailing measures. 
2. Settlements of disputes that may arise between Member States regarding the interpretation 
and implementation of this Law. 
3. Issuing the rules of implementation of this Law. 
4. Looking at petition of concerned decisions and definitive determinations as execution of this 
Law and its regulation. 
5. Adopting an interior regulation of GCC techni cal secretariat of anti injurious practices in 
international trade  G/ADP/N/1/KWT/1 
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  6. Appointing a Director General of the technical secretariat. 
7. Any other competence in accordance to this Law and its regulation. 
Article 9 
Permanent Committee 
 
1. Composition of the permanent committee 
The permanent committee is composed of undersecretaries of concerned ministries of 
Member States or whomever in their status. The presidency of the permanent committee is 
rotated between Member States in conf ormity with GCC presidency policy. 
2. Competence of the permanent committee 
The permanent committee is competent in the following matters: 
 (a) Taking procedures and measures stated in this Law and its rules of implementation, 
including imposing provisional measures and accepting price undertakings. 
(b) Proposing the imposition of definitive anti- dumping measures, definitive anti-subsidy 
countervailing measures and definitive safegua rd measures against increased imports, 
to the Ministerial Committee. 
(c) Setting up committees and establishing speci alized administrative units of the 
technical secretariat.  
(d) Reliance of technical secretariat strategies in compliance to specified competence.  
(e) Proposing appropriate solutions to minister ial committee for settlements of disputes 
that may arise between Member Stat es regarding the interpretation and 
implementation of this Law and its regulation. 
(f) Proposing the amendment of this Law and its regulation 
(g) Proposing the amendment of the interior regulation of the technical secretariat. 
(h) Approving its interior re gulation and amended it. 
(i) Approving of the budget project of the technical  secretariat in order to be reliance in 
accordance to the followed procedures. 
(j) Adopting financial, administrative and other regulations of the technical secretariat. 
(k) Nominating the Director General of the technical secretariat. 
(l) Any other competence attributed by the ministerial committee. G/ADP/N/1/KWT/1 
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  Article 10 
Bureau of Technical secretariat 
 
According to this Law, A bureau of technical  secretariat of anti-injurious practices in 
international trade shall be set up under the umbrella  of the General Secretariat of GCC. The bureau 
of technical secretariat have a financial and administrative independency through annexed budget 
with the General Secretariat’s budget, and is headed by a Director General.  
Competence of the technical secretariat 
 (a) Organizing the permanent committee activities and preparing for its meetings and 
agenda, draft decisions and any other func tion as may request information, studies, 
statistics and reports that may be useful for the work of the permanent committee. 
(b) Following up the implementation of the ministerial and permanent committee 
decisions. 
(c) Providing consultancy services and techni cal support for Member States producers 
who are encountering dumping, subsidy an d increase of imports and follow up in 
other countries in coordination with related authorities of Member States. 
(d) Participating at the related interna tional meeting events and activities. 
(e) Providing trimester reports to the permanent committee on technical secretariat 
activities and investigations and outline of the proceedings. 
(f) Receiving the complaints against the injuri ous practices in international trade and 
related requirements 
(g) Initiation of investigations ag ainst injurious practices in th e international trade and all 
related revision in accordance to this Law and its rules of implementations. 
(h) Preparing annually budget project of technical secretariat and carrying out after 
approval. 
(i) Working in spreading out and raising the Me mber States awareness of the concepts of 
dumping, subsidy and increase of imports. 
(j) Any other attributes or competences, duties and activities submitted by ministerial 
and permanent committee.  
Article 11 
Protest and Appeal 
 
1. Before protesting, any interested party who partic ipated in an investigation and is directly and 
individually affected by final dete rminations and decisions taken in application of this Law and its 
rules of implementation shall notify the Ministerial Committee to review such actions within 30 days 
from the date of publishing such actions in the official gazette. The Ministerial Committee shall 
decide on petition within 60 days from the date of submitting unless it will be rejected.   G/ADP/N/1/KWT/1 
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  2. The complaining rejected party can appeal to the judicial committee in Member States within 
30 days from the date of notification. 
Article 12 
Confidentiality of information 
 
Any investigation and countervailing measures au thorities pursuant to this Law and its rules 
of implantation shall keep the confidential inform ation submitted to them on a confidential basis or 
which is by nature confidential. Such informati on shall not be disclosed without a specific written 
permission from the party who submitted or disclosed  the confidential information to the competent 
judiciary board.  
Article 13 
Penalties 
 
Without prejudice to any other repressive penalty st ated in any other Law, the violation of the 
rule provided for in Article 12 shall be subject to fi nancial fine not beyond to 500,000 Saudi riyals or 
its equivalent in the currencies of Member States.  
Article 14 
Interpretation and amendment of the Law 
 
The financial and economical c ooperation committee is entitled to  interpret and amend this 
Law in coordination with the ministerial committee.  
Article 15 
Entry into force 
 
This Law will be entering into force on 1 Janua ry 2004.  GCC Member States must publish it 
in the official gazette.  
 
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