WORLD TRADE  
ORGANIZATION  G/SG/Q1/DOM/3 
7 September 2009 
 (09-4219) 
Committee on Safeguards Original:   English 
  
 
NOTIFICATION OF LAWS AND REGULATIONS UNDER  
ARTICLE 12.6 OF THE AGREEMENT 
 
Questions Posed by the UNITED STATES Regarding
 
the Notification of the DOMINICAN REPUBLIC1 
 
 
 The following communication, dated 3 September 2009, is being circulated at the request of the Delegation of the United States.    
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  The United States thanks the Dominican Re public for its Notification of Laws and 
Regulations Under Article 12.6 of the WTO Safegu ards Agreement, Implem enting Regulations for 
Law No.1 02 on Unfair Trade Practices and Safeguard Measures (hereinafter the Regulations ) and 
poses the following questions.  
 
Question 1 
 
 Is the WTO Agreement on Safeguards (the Agreement on Safeguard s) self-implementing 
under Dominican Republic law?  Assuming that the Agre ement is self-implementing, in the event of a 
conflict between the Agreement and the Regulations,  which legal authority takes precedence?   
 
Question 2 
 
 The Regulations  identify two organizations as having responsibility for the Dominican 
Republic’s safeguard actions:  the Investigations Department and the Commission for the Regulation 
of Unfair Trade Practices and Safeguard Measures (hereinafter the Commission).  Please describe the role of each agency in a safeguard investigation. 
 
Question 3  
 
 Article 247
 of the Regulations  (as translated into English)  suggests that the Commission 
would be expected to make a determination on the merits of the case before  initiating a safeguard 
investigation, as opposed to finding that the petitio n or other document requesting an investigation 
contains sufficient information to provide a basis fo r conducting an investigation.  (Article 247 states 
that "[t]he Commission may initiate an investigation . . . only when it has determined that there is 
sufficient evidence that . . . the investigated produc t is being imported in such increased quantities and 
under such conditions . . . .")  Please explain.  
                                                     
 
1 G/SG/N/1/DOM/2/Suppl.1. G/SG/Q1/DOM/3 
Page 2  
 
  Question 4  
 
 Article 248
 of the Regulations  states: "Immediately after taking a decision regarding 
initiation, the Commission shall provide public written notice of that decision to the exporting countries, and shall notify interested parties by p ublishing a notice regarding initiation of a safeguard 
investigation in a national daily newspaper; fo r exporters, the corresponding channel shall be the 
Ministry of Foreign Affairs of the Dominican Rep ublic…"  This article seems to indicate that the 
Commission will provide notification to domestic interested parties and the government of the 
exporting country, and that the Ministry of Forei gn Affairs of the Dominican Republic will provide 
notification to foreign exporters of the product under investigation.   
 
 (a) Please identify the government entity that will notify each category of interested 
parties, including the foreign government and foreign exporters, and how such notifications will be made.   
 
 (b) Please clarify whether the notice of initiati on of an investigation will be published in 
an official government gazette, a national newspaper, and/or on an official government website.  Please identify the official government gazette, the national newspaper, and/or the website. 
 
Question 5 
 
 Article 249
 of the Regulations  gives interested parties 15 days in which to notify their interest 
in participating in the investigation.     (a) Please explain whether the 15-day time period begins on the day on which the party 
receives actual notification of the investigation or the day on which the party receives 
constructive notification, such as upon publi cation in an official government gazette 
or national newspaper, as provided for in Article 248.   
  (b) Are there provisions allowing for late accep tance of a request to participate in an 
investigation? 
 
Question 6 
 
 Article 254
 of the Regulations  authorizes the Commission to conduct "on-the-spot" 
investigations to verify or obtain further info rmation.  Please describe how these "on-the-spot" 
investigations will be conducted, including whethe r foreign governments will be notified and whether 
companies will receive advance notification of the typ es of information that will be verified or sought 
during the on-the-spot investigation. 
 
Question 7 
  Articles 260-263
 of the Regulations  provide for the holding of a public hearing at the request 
of a participating interested party.     (a) Is there a specific time period during which a request for a public hearing must be 
filed?   
 
 (b) Are there limitations on the nature of the information that can be submitted by a 
participating interested party in the course of the public hearing, including limitations 
on the presentation of new information for the record?    G/SG/Q1/DOM/3 
 Page 3 
 
 
   (c) In addition to the record of the heari ng that the administering authority will place on 
the public file, will non-confidential versions  of individual submissions made at the 
hearing be placed on the public file so that all parties may have access to those submissions?  
Question 8 
 
 Article 264
 of the Regulations  (provisional relief measures) suggests that when critical 
circumstances are alleged in the pe tition, an investigation will be c onducted before a determination is 
made regarding whether critical circumstances ex ist.  However, Article 264 does not indicate the 
duration of that investigation or describe the procedures that will be followed.   
 
 (a) Please indicate the likely duration of any such investigation of critical circumstances 
and describe the procedures that will be followed. 
  (b) Please indicate whether interested parties will be notified of the proceeding and given 
an opportunity to provide information and make their views known? 
 
 
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