WORLD TRADE  
ORGANIZATION  G/SG/N/1/JAM/2 
22 March 2004 
 
 (04-1267) 
Committee on Safeguards Original:   English 
  
 
NOTIFICATIONS OF LAWS, REGULATIONS AND 
ADMINISTRATIVE PROCEDURES RELATING 
TO SAFEGUARD MEASURES 
JAMAICA
 
 The following communication, dated 18 Marc h 2004, has been received from the Permanent 
Mission of Jamaica. 
_______________ 
   With reference to the notification obliga tion under Article 12.6 of the Agreement on 
Safeguards, Jamaica has made the following notification. 
 
*  *  * 
 
 
  
 
  
 
  
 
  
 
   
 
  
 
  
 
  
 
  
 
  
 
   
 
 THE SAFEGUARD ACT 2001 
(Act 24 of 2001) 
 
ARRANGEMENT OF SECTIONS 
 
PART I.  PRELIMINARY  
 
1. Short title and commencement. 
2. Interpretation.  
PART II.  APPOINTMENT AND FUNCTIONS OF 
INVESTIGATING AUTHORITY 
 
3. Appointment of Investigating Authority. 4. Functions of Investigating Authority. 5. Factors to be considered in determining serious injury.  
PART III.  INVESTIGATION  
 
Conduct of Investigation 
 
6. Power to carry out investigation. 7. Withdrawal of request before investigation. 
8. Procedures for commencement of investigation. 
9. Notice of investigation. 10. Timetable for investigation. 11. Investigative powers.  
  
 
  
 
  
 
  
 
   
 
  
 
  
 
  
 
  
 
  
 
   
 
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 12. Treatment of confidential information. 
13. Reliance on available information. 14. Written arguments. 15. Hearings. 16. Public register and access thereto. 
 
PART IV.  APPLICATION OF SAFEGUARD MEASURES  
 
Provisional Safeguard Measures 
 17. Application of provisional safeguard measure. 
18. Notice of application of a provisional safeguard measure. 19. Duration of provisional safeguard measure. 20. Payment and refund of pr ovisional safeguard measure. 
 
Conclusion of Investigation 
 
21. Determination of cause or threat of serious injury. 22. Notice of determination re cause of serious injury or threat thereof. 
 
Definitive Safeguard Measures 
 
23. General principles for applyi ng definitive safeguard measures. 
24. Notice of application of definitive safeguard measure. 25. Form and application of definitive safeguard measure. 26. Non-application of a definitive safeguard measure to certain 
 developing countries. 
27. Notice of termination of inves tigation with no safeguard measure 
 applied. 28. Duration of definitive safeguard measure. 29. Progressive liberalization. 
 
Review of Definitive Safeguard Measures 
 
30. Review of definitive safeguard measures.  
PART V.  EXTENSION AND RE-APPLICATION OF 
A SAFEGUARD MEASURE 
 
31. Extension of definitive safeguard measure. 32. Re-application of safeguard measure.  
PART VI.  GENERAL 
 33. Regulations. 34. Application for judicial review. 35. Grounds for review. 
 
 
 
 
  
 
  
 
   
 
  
 
  
 
  
 
  
 
  
 
   
 
  
 
  
 
  
 
  
 
  
 
   
 
  
 
  
 
  
 
  
 
  
 
  
 
   
 
  
  G/SG/N/1/JAM/2 
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Interpreta- 
tion.  
 
  
 
  
 
  
 
   
 
  
 
  
 
  
 
  
 
  
 
  
 
   
 
  
 A BILL 
 
ENTITLED  
 
 AN ACT to Make provisions for safeguard measures in relation to certain products imported into Jamaica under such conditions as to cause or threaten to cause serious injury to the domestic industry producing like 
or directly competitive products and for connected matters.  
 
[                                                                           ] 
 
 BE IT ENACTED by The Queen's Most Excellent Majesty, by and with the advice and consent of the Senate and House of 
Representatives of Jamaica, and by the authority of the same, as follows:– 
  
PART I.  PRELIMINARY  
 
1. This Act may be cited as the Sa feguard Act, 2001 and shall come 
into operation on a day to be appointed by the Minister by notice published in the Gazette . 
 
2. In this Act – 
 
"adjustment plan" means a plan for adjusting the domestic industry to 
competition from imports in accordance with regulations made under section 33;  
"applicant" means a person who request s an investigation under this Act;  
 "Commissioner" means the Commissioner of Customs;  "Committee" means the Committee on Safeguards of the World Trade 
Organization; 
 
"Council" means the Council for Trade in Goods of the World Trade Organization;  "country" includes an autonomous customs territory; 
 
"Court" means the Supreme Court;  "daily newspaper" means a daily newspaper circulated in Jamaica;  
"domestic industry" means – 
 
(a) the producers, as a whole, of like or directly competitive 
products, operating within Jamaica; or 
(b) those producers operating within Jamaica whose 
collective output of like or directly competitive products 
constitutes a major proportion of the total domestic  
 
  
 
   
 
  
 
  
 
  
 
  
 
  
 
 Short title and commencement. 
 
  
 
  
 
  
 
  
 
  
 
   
 
  
 
  
 
  
 
  
 
  
 
  
 
   
 
  
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 production of those products; 
"domestic producer" means a member of a domestic industry; 
 "General Agreement" means the General Agreement on Tariffs and Trade, 1994; 
 
"interested party" means –  
(a) an exporter or foreign producer of an investigated product; 
(b) an importer of an investigated product; 
(c) any trade or business association a majority of the 
members of which are – 
(i) producers, exporters or importers of an 
investigated product; 
(ii) producers of a like or directly competitive 
product; 
(d) the government of an exporting country; 
(e) a producer in Jamaica of a like or directly competitive 
product; 
(f) a labour union or other organization representing the 
interest of workers in a domestic industry; 
(g) any consumer association; 
(h) any industrial user of an investigated product; 
(i) any other person whom the Investigating Authority 
determines to have a sufficient interest in the outcome of a safeguard investigation under this Act; 
"investigated product" means an importe d product which is the subject of a 
safeguard investigation under this Act;  "Investigating Authority" means the person or body appointed under section 3; 
 
"like or directly competitive product" means a locally produced product that is identical or similar to or di rectly competitive with an investigated 
product;  
"member" means a member of the World Trade Organization; 
 "notice of investigation" means a notice under section 9(1) of the decision by the Investigating Authority to conduct a safeguard investigation;   
 
  
 
   
 
  
 
  
 
  
 
  
 
  
 
   
 
  
 
  
 
  
 
  
 
  
 
   
 
  
 
  
 
  
 
  
 
  
 
  
 
   
 
  
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 Appoint- ment of 
Investigating 
Authority.  
Functions of 
Investigating Authority. 
 
  
 
  
 
  
 
   
 
  
 
  
 
  
 
  
 
  
 
  
 
   
 
  
 "participating interested parties" mean s those interested parties that have 
indicated their interest in participating in an investigation, pursuant to section 9(3);  "public register" means the public register established under section 16; 
 
"Safeguard Agreement" means the Ag reement on Safeguards of the World 
Trade Organization;  "serious injury" means a significant overall impairment in the position of a 
domestic industry; 
 "threat of serious injury" means serious injury that is clearly imminent.   
PART II.  APPOINTMENT AND FUNCTIONS OF INVESTIGATING 
AUTHORITY  
 
3. The Minister may, by order, appoint such person or body as he 
thinks fit to be the Investigating Authority the purposes of this Act. 
 
4. (1) The functions of the Investigating Authority are – 
 
(a) to carry out investigations in relation to whether goods are 
being imported into Jamaica in such increased quantities, absolute or relative to domestic production, and under 
such conditions, as to cause or  threaten to cause serious 
injury to the domestic industry; 
(b) to determine whether safeguard measures should be 
applied, suspended or withdrawn in relation to such imported goods; 
(c) to determine the period of application of safeguard 
measures and the modification or extension of any such period; 
(d) to carry out such other investigations and seek such 
information as it may consider necessary or desirable in 
connection with matters falli ng within the provisions of 
this Act; 
(e) to advise the Minister on such matters relating to the 
operation of this Act as it thinks fit or as may be requested by the Minister; and 
(f) to carry out such other functions as may be prescribed.  
 (2) For the purposes of carrying out  its functions under subsection 
(1), the Investigating Authority may –  
(g) summon and examine witnesses;  
 
  
 
   
 
  
 
  
 
  
 
  
 
  
 
   
 
  
 
  
 
  
 
  
 
  
 
   
 
  
 
  
 
  
 
  
 
  
 
  
 
   
 
  
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Factors to be 
considered in deter- 
mining 
serious injury.   
 
  
 
  
 
Power to carry out 
investigation. 
  
 
  
 
  
 
   
 
  
 (h) request and examine documents; 
(i) administer oaths; 
(j) require that any document submitted to it be verified by 
affidavit; and 
(k) determine its own procedure and adjourn any hearing 
from time to time. 
 (3) The Investigating Authority may require the importer of any 
goods or such other person as the Investigating Authority considers appropriate, to state, within such tim e as the Investigating Authority may 
specify, such facts concerning the g oods and their history as it may think 
necessary and if such information is not furnished to its satisfaction, the 
Investigating Authority may make a finding as to such facts on the basis of the information available to it.   (4) If a person fails or refuses without reasonable cause, to furnish 
information to the Investigating Authority when required to do so, the 
Investigating Authority ma y apply to the Court in accordance with rules of 
Court for an order to compel the pers on to furnish the information to the 
Investigating Authority.  
 (5) A person who fails to comply with an order of the Court shall 
be guilty of contempt of Court and shall be liable to be punished accordingly.  5. A determination as to whether increased imports of an investigated 
product have caused or threaten to cause serious injury to a domestic 
industry shall be based on an evaluatio n of all such relevant objective and 
quantifiable factors as may be prescribed.   
PART III.  INVESTIGATION  
 
Conduct of Investigation 
 
6. (1) The Investigating Authority may – 
 
(a) upon a written request by or on behalf of the domestic 
industry; or 
(b) on its own initiative, 
 carry out an investigation to determine whether increased imports 
of a product have caused or threaten to cause serious injury to a domestic 
industry. 
 
 (2) A request under subsection (1)(a) shall contain the prescribed information.    
 
  
 
   
 
  
 
  
 
  
 
  
 
  
 
   
 
  
 
  
 
  
 
  
 
  
 
   
 
  
 
  
 
  
 
  
 
  
 
  
 
   
 
  
  G/SG/N/1/JAM/2 
 Page 7 
 
 
 Withdrawal 
of request. 
  
Procedures 
for commence- ment of 
investigation. 
  
 
  
 
  
 
  
 
  
 
   
 
  
 
  
 
  
 
  
 
  
 
   
 
  
 
  
 
  
 
  
 
  
 
  
 
   
 
  
 7. A request under section 6(1)(a) may be withdrawn prior to the date 
of commencement of an investiga tion referred to in section 8(2). 
 8. (1) The Investigating Author ity shall commence a safeguard 
investigation only when it has determin ed that there is sufficient evidence 
of serious injury, or threat thereo f, caused by increased imports to the 
domestic industry.    (2) The Investigating Authority may, on receipt of a request under section 6(1)(a), commence an investigation within thirty days of the date 
of receipt of the request. 
  (3) Where –  
(a) the request involves complex issues; or 
(b) the Investigating Authority has obtained additional 
information, 
 the period specified in subsection (2) may be extended for such 
longer period as the Investigating Authority may determine.  
9. (1) The Investigating Authority shall, where it decides to conduct 
an investigation, forthwith give written notice of its decision to the interested parties in accordance with  the provisions of this section. 
  (2) Notice of an investigati on shall be published in the Gazette and 
in a daily newspaper. 
 
 (3) Interested parties desiring to  participate in the investigation 
shall inform the Investigating Authority in writing within ten days of the date of publication of the notice pursuant to subsection (2) or within such longer period as the Investigating Authority may determine. 
 
 (4) A notice under subsection (2) sh all contain such information as 
may be prescribed.   (5) The Investigating Authority shall forthwith notify the 
Committee of an investigation in the prescribed manner.  
 10. (1) The Investigating Authority shall complete an investigation 
within six months from the date of commencement thereof so, however, that the period of six months may be extended by the Investigating 
Authority for a further period of three months. 
 
 (2) Where the Investigating Authority considers that a provisional safeguard measure should be applied it shall make a determination in 
accordance with section 17 not earlier than thirty days, and not later than sixty days, after the date of commencement of the investigation. 
 
 (3) During the investigation, the Investigating Authority shall establish and forthwith notify all particip ating interested parties, of such 
deadlines as are necessary for the c onduct of the investigation.  
 
  
 
   
 
  
 
  
 
  
 
  
 
  
 
   
 
  
Notice of 
investigation.  
 
  
 
  
 
  
 
   
 
  
 
  
 
  
Timetable for 
investigation.  
 
  
 
  
 
   
 
  
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Investigative powers. 
 
  
 
  
 
  
 
  
 
   
 
  
 
  
 
  
 
  
 
  
 
   
 
  
 
  
 
  
 
  
 
  
 
  
 
   
 
  
  
 (4) The deadlines established by the Investigating Authority under 
subsection (3) shall be such as to provide sufficient opportunities for all 
participating interested parties to comment on the matters being considered in the investigation. 
 
11. (1) The Investigating Authority may, by notice in writing, require 
any person who, in its opinion, is able so to do, to provide such data or 
information as it thinks relevant to  the performance of its functions. 
 
 (2) Where the Investigating Authority serves a notice under 
subsection (1), it shall, in the notice –  
(a) provide sufficient information for the person to identify 
the data or information required; and 
(b) specify the time within which and the manner and form in 
which the data or information is to be provided. 
 (3) If a person fails or refuses without reasonable cause, to furnish 
any data or information to the Inves tigating Authority when required to do 
so, the Investigating Authority may a pply to the Court in accordance with 
rules of Court for an order to compel  the person to furnish the data or 
information to the Investigating Authority. 
  (4) A person who fails to comply with an order of the Court shall be guilty of contempt of Court and shall be liable to be punished accordingly. 
 
 (5) Any person who provides data or information to the Investigating Authority which he knows or  has reason to believe is false or 
misleading in a material particular shall be guilty of an offence and shall be liable on summary conviction in a Resident Magistrate's Court to a fine 
not exceeding two million dollars or to imprisonment for a term not 
exceeding two years or to both such fine and imprisonment.  12. (1) A person who, pursuant to the provisions of this Act, provides 
the Investigating Authority with inform ation, the whole or part of which 
he desires to be kept confidential, sh all submit, at the time the information 
is provided, a written statement identif ying the information which is to be 
kept confidential and the reasons therefor.    (2) A statement submitted pursuan t to subsection (1) shall be 
accompanied by a summary of the in formation to which the statement 
relates in sufficient detail so as to  facilitate a reasonable understanding of 
the information.   (3) If, on an examination of the information, the Investigating Authority is satisfied that a request for confidentiality is not justified and 
the person who provided the information is not willing to withdraw the 
request for confidentiality, the Inves tigating Authority shall treat that 
information as confidential.   
 
  
 
   
 
  
 
  
 
  
 
  
 
  
 
   
 
  
 
  
 
  
 
  
 
  
 
   
 
  
 
Treatment of confidential 
information. 
  
 
  
 
  
 
  
 
   
 
  
  G/SG/N/1/JAM/2 
 Page 9 
 
 
  
 
  
 
   
 
  
 
  
Reliance on 
available information. 
 
  
 
 Written 
arguments. 
   
 
  
 
  
 
  
Hearings. 
  
 
  
 
   
 
  
 
  
 
  
 
  
 
  
 
  
 
   
 
  
  (4) Information which is treated as confidential under this section 
shall not be disclosed by any person who received the information otherwise than in the discharge of his functions under this Act.   (5) Any person who contravenes the provisions of subsection (4) 
shall be guilty of an offence and sh all be liable on summary conviction in 
a Resident Magistrate's Court to a fine not exceeding five hundred thousand dollars or to imprisonment for a term not exceeding six months or to both such fine and imprisonment.  
13. Where an interested party refuses access to or otherwise does not 
provide the necessary information within a reasonable period or significantly impedes an investigation, the Investigating Authority may make such determination as it thinks appropriate on the basis of the facts available. 
 
14. (1) All participating interested parties shall have the opportunity, 
in accordance with the provisions of this Act and any regulations hereunder, to present evidence and arguments in writing.  
 (2) Where, in relation to an investigation, the Investigating 
Authority is to consider whether or not to apply a provisional safeguard measure, any participating interested party may, within the time specified 
in the notice under section 9, subm it written arguments concerning any 
matter it considers relevant to the pre liminary phase of that investigation. 
 
15. (1) Subject to subsection (2), th e Investigating Authority may hear 
any person who in its opinion, is affe cted by an investigation under this 
Act, and shall so hear such a person if he makes a written request for a hearing stating that –  
(a) he is an interested party who is likely to be affected by the 
result of the investigation; and 
(b) there are practical reasons why he should be heard orally. 
 (2) A person referred to in sub section (1) shall be entitled to be 
represented by counsel at a hearing. 
 
16. Subject to section 12, the Inves tigating Authority shall establish 
and maintain a public register relating to each investigation or other proceeding conducted under this Act.   
PART IV.  APPLICATION OF SAFEGUARD 
MEASURES 
 
Provisional Safeguard Measures 
 17. (1) A provisional safeguard measure may be applied only if the 
Investigating Authority determines that –  
(a) there are critical circumstances, including delay in taking  
 
  
 
   
 
  
 
  
 
  
 
  
 
  
 
   
 
  
 
  
 
  
 
  
 
  
 
   
 
  
 
  
 
 Public register 
access. 
  
 
  
 
  
 
  Application of 
provisional 
safeguard measures. 
 G/SG/N/1/JAM/2 
Page 10  
 
  
 
  
 
   
 
  
 
  
 
  
 
  
 
  
 
   
 
  
 
 Duration of 
provisional 
safeguard measure. 
 
  
 
  
 
Payment and refund of 
provisional 
safeguard measure.  
 
  
 
  
 
  
 
  
 
  
 
   
 
  
 action, which would cause damage which would be 
difficult to repair; and 
(b) there is clear evidence that increased imports of the 
investigated product have caused or threaten to cause serious injury to the domestic industry. 
 (2) The Investigating Authority may impose a provisional 
safeguard measure where it determines that there is clear evidence that 
increased imports have caused, or are th reatening to cause, serious injury. 
  (3) Where, at the conclusion of an investigation by the 
Investigating Authority, it determines that the goods under investigation 
did not cause or threaten to cause serious injury, any amount collected as a provisional safeguard measure under su bsection (2) shall be refunded. 
 18. (1) The Investigating Authority shall, upon taking a decision to 
apply provisional safeguard measure, forthwith publish a notice of that 
application in the Gazette  and in a daily newspaper.  
  (2) A notice referred to in subsection (1) shall contain the prescribed information. 
 
19. A provisional safeguard measure  
 
(a) shall not be applicable for more than two hundred days; 
and 
(b) may be suspended by the Investigating Authority before 
the date of its expiry. 
20. (1) Subject to subsection (3), the amount of a provisional 
safeguard measure shall be determined by the Minister on the recommendation of the Investigating Authority.  
 (2) The amount of a provisional saf eguard measure shall be paid to 
the Commissioner.   (3) A person liable to pay the amount of provisional safeguard measure may give security for such payment – 
 
(a) by deposit of a bond with the Commissioner in the amount 
of the provisional safeguard measure which shall be in such form and with such sureties as the Commissioner may approve; or 
(b) partly by a bond approved by the Commissioner as 
aforesaid and partly by deposit of such sum with the 
Commissioner as he may specify. 
 (4) If an investigation does not result in a determination that 
increased imports have caused or threat en to cause serious injury to the 
domestic industry, the Commissioner shall forthwith –  
 
  
 
   
 
  
 
  
 
  
 
  
 
 Notice of 
application of 
provisional safeguard.  
 
  
 
  
 
  
 
  
 
  
 
   
 
  
 
  
 
  
 
  
 
  
 
  
 
   
 
  
  G/SG/N/1/JAM/2 
 Page 11 
 
 
  
 
  
 
   
 
  
Determination 
of cause or threat of 
serious injury. 
  
 
  
 
  
 
   
 
  
 
  
 
  
 
  
 
  
 
   
 
  
 
  
 
  
 
  
 
  
 
  
 
   
 
  
  
(a) refund any amount collected as a provisional safeguard 
measure or any sum deposite d under subsection (3); and 
(b) release any bond deposited under that subsection. 
Conclusion of Investigation 
 
21. (1) The Investigating Authorit y shall determine, in accordance 
with the provisions of sections 5 to 15 and on the basis of evidence obtained in the investigation, whether increased imports of the investigated product have caused or threaten to cause serious injury to the domestic 
industry. 
  (2) A determination under subsection (1) shall, subject to section 12, be published in a report c ontaining a detailed analysis of – 
 
(a) the information obtained in the investigation, setting out 
the Investigating Authority's findings and reasoned conclusions on all pertinent issues of fact and law; 
(b) the relevance of the factors examined by the Investigating 
Authority pursuant to section 5. 
22. (1) The Investigating Authority shall, upon making a 
determination as to the cause of serious injury or threat of serious injury, 
forthwith publish a notice of that determination in the Gazette  and a daily 
newspaper.   (2) A notice under subsection (1) shall contain the prescribed 
information.  
 
Definition Safeguard Measures 
 
23. (1) Where the Investigating Authority determines that – 
 
(a) increased imports have caused or threaten to cause serious 
injury to a domestic industry; and 
(b) the application of a definitive safeguard measure is in the 
public interest, 
 the Investigating Authority may,  subject to subsections (2) and 
(3), apply such a measure.   (2) The duration and level of a definitive safeguard measure shall 
be determined by the Minister on th e recommendation of the Investigating 
Authority and be no more than is necessary to prevent or remedy serious 
injury and to facilitate adjustment. 
  (3) In deciding whether to apply a definitive safeguard measure, the Investigating Authority shall take into account the fact that –   
 
  
 
   
 
  
 
  
 
  
 
  
 
  
 
   
 
  
 
  
Notice of 
determination re cause of serious 
injury or threat 
thereof.  
 
  
 
   
 
General principles for 
applying 
definitive safeguard 
measure. 
  
 
  
 
  
 
  
 
   
 
  
 G/SG/N/1/JAM/2 
Page 12  
 
  
 
  
 
   
 
  
 
  
 
  
 
Notice of application of 
definitive 
safeguard measure. 
 
   
 
 Form and 
application of 
definitive safeguard 
measure. 
  
 
  
 
  
 
   
 
  
 
  
 
  
 
  
 
  
 
  
 
   
 
  
 (a) if adequate trade compensation cannot be agreed with the 
members whose exporting interests would be affected by the measure, those members sh all be free, in accordance 
with the Agreement, to susp end substantially equivalent 
concessions under the General Agreement if the Council 
does not disapprove of such suspension; and 
(b) the right of suspension of e quivalent concessions shall not 
be exercised for the first three years that a safeguard measure is in effect (including period of application of the provisional safeguard measure) if the measure has been 
taken as a result of an absolute increase in imports. 
24. (1) The Investigating Authority shall, upon taking a decision to 
apply a definitive safeguard measure, forthwith; publish a notice of that application in the Gazette  and a daily newspaper before the measures take 
effect.  
 
 (2) A notice under subsection (1) shall contain the prescribed information.  25. (1) A definitive safeguard measure shall be applied in the form of 
either a tariff increase or a quota on imports in accordance with regulations 
made under section 33.   (2) Subject to section 26, a definitive measure shall be applied to all imports of the investigated produc t, irrespective of the source, entered 
on or after the date on which the measure takes effect. 
 
 (3) The Minister shall seek to  reach an agreement as to the 
allocation of the quota with those memb ers having a substantial interest in 
supplying the investigated product.  
26. (1) Subject to subsection (2), a definitive safeguard measure shall 
not be applied to imports of the investigated product originating in a member that is a developing country so long as those imports account for not more than three per cent of Jamaica's total imports of the investigated product.  
 
 (2) Where imports from members that are developing countries individually account for more than three per cent, but collectively account for more than nine per cent, of Ja maica's imports of the investigated 
product, a definitive safeguard measur e may be applied to such imports. 
 
 (3) The Investigating Authority shall notify the Committee of the 
non-application of a definitive safeguard  measure to imports originating in 
a member that is a developing country.  27. If, at any point during an investigation, the Investigating Authority 
terminates the investigation without applying a definitive safeguard 
measure, the Investigating Authority shall forthwith notify the Committee and all interested parties of the te rmination and shall publish a notice of 
the termination in the Gazette  and a daily newspaper.  
 
  
 
   
 
  
 
  
 
  
 
  
 
  
 
   
 
  
 
  
 
  
 
  
 
  
 
   
Non-application 
of definitive safeguard 
measure to 
certain developing 
countries. 
  
 
  
 
  
 
  
 
 Notice of termination of 
investigation 
with no safe-guard measure 
applied.  G/SG/N/1/JAM/2 
 Page 13 
 
 
  
 
  
 
   
 
  
 
  
 
  
 
  
 
  
 
 Review of definitive 
safeguard 
measures.  
 
  
 
  
 
  
 
  
 
   
 
  
 
  
 
  
 
  
 
  
 
  
 
   
 
  
  
28. (1) Unless it is extended in accordance with section 31, a 
definitive safeguard measure shall be a pplied for a period of not more than 
four years, including the period of a pplication of any provisional safeguard 
measure. 
 
 (2) The total duration of a definitive safeguard measure, including the period of application of any provisi onal safeguard measure, the period 
of initial application and any extens ion thereof pursuant to section 31, 
shall not exceed ten years. 
 
29. A definitive safeguard measure that is applied for more than one 
year shall be progressively liberalized at regular intervals during the period of application, in accordance with th e relevant provision of the notice 
published pursuant to section 22(1). 
 
Review of Definitive Safeguard Measures 
 
30. (1) Subsection (2) shall apply in any case where the duration of a 
definitive safeguard measure (including  the period of application of any 
provisional safeguard measure) exceeds three years. 
  (2) The Investigating Authority sha ll, not later than the end of the 
first half of the period of application of the measure, carry out a review of 
the case, including a review of the effects of the definitive safeguard 
measure on the domestic industry concerned. 
 
 (3) The provisions of sections 11 to 16 shall apply with necessary modifications, to a review carried  out pursuant to subsection (2) 
  (4) The Investigating Authority shall – 
 
(a) prepare a written report of the results of the review; and 
(b) based on those results, decide whether to maintain or 
withdraw the definitive safeguard measure or to increase the pace of its liberalization.  
 (5) The Investigating Authority shall publish in the Gazette  and a 
daily newspaper –  
(a) a notice of the decision taken pursuant to subsection 
(4)(b); and 
(b) a summary of the results of the review. 
 (6) A notice under subsection (5)(a) shall contain the prescribed 
information.   
 
 
  
 
Duration of definitive 
safeguard 
measure.   
 
  
 
  
 
 Progressive 
liberalization. 
  
 
  
 
   
 
  
 
  
 
  
 
  
 
  
 
   
 
  
 
  
 
  
 
  
 
  
 
  
 
   
 
  
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Regulations.  
 
 Application 
for judicial 
review.  
Grounds for 
review. PART V.  EXTENSION AND RE-APPLICATION 
OF A SAFEGUARD MEASURE 
 
31. (1) Where the domestic industry considers that there is a 
continuing need to apply to a defi nitive safeguard measure beyond the 
initial period of application, it shall submit a written request for extension 
of the measure in accordance with regulations made under section 33.   (2) The Investigating Authority shall, in relation to a request under subsection (1), conduct an investigation, to determine whether an 
extension should be granted. 
 32. (1) A new safeguard measure shall not be applied for a period of at 
least two years to imports of a product which were the subject of a definitive safeguard measure first applie d after 1 January 1995 (hereinafter 
referred to as an earlier safeguard measure). 
  (2) A new safeguard measure shall not be applied to the imports of 
a product for a period equal to one-half of the duration of an earlier safeguard measure applied on that product, if such duration was more than four years. 
 
 (3) Notwithstanding the provisions of subsections (1) and (2), a safeguard measure may be applied, for a period of one hundred and eighty days or less, to imports of an investigated product which were the subject of an earlier safeguard measure, if – 
 
(a) at least one year has elapsed since the date of imposition 
of the earlier safeguard measure on those imports; and 
(b) a safeguard measure has not been applied on those imports 
more than twice in the five year period immediately 
preceding the date on which the new safeguard measure is 
to take effect. 
 
PART VI.  GENERAL  
 
33. The Minister may make regulations, subject to affirmative 
resolution, generally for giving effect to the provisions of this Act.  34.  An application may be made to the Court to review and set aside a 
final determination of the Inves tigating Authority under section 21. 
 
35.  (1) An application under section 34 may be made on the grounds 
that the Investigating Authority has –  
(a) failed to observe a principle of  natural justice or otherwise 
acted beyond or refused to  exercise its jurisdiction; 
(b) erred in law in making the determination, whether or not 
the error appears on the face of the record; or  
 
  
Extension of 
definitive safeguard measure. 
 
  
 
  
 
  
Re-application 
of measure.  
 
  
 
   
 
   G/SG/N/1/JAM/2 
 Page 15 
 
 
 (c) based the determination on an erroneous finding of fact 
that was made in a perverse or capricious manner or without regard to the materi al before the Investigating 
Authority. 
 (2) An application may be made  under this section by any person 
directly affected by the determination. 
 
 
 
*  *  * 
 
MEMORANDUM OF OBJECTS AND REASONS 
 
 As a result of the increased liberalization of trade, domestic producers are facing increasingly 
significant import competition.  Under the Worl d Trade Organization (WTO) Agreement 1994, a 
Member may implement temporary safeguard me asures on products from all sources imported in 
increased quantities, absolute or relative to dome stic production, and under such conditions as to 
cause or threaten to cause serious injury to the domestic industry producing like or directly 
competitive products.   These safeguard measures are applied only wher e the imports cause or threaten to cause 
serious injury or a significant overall impairment in  the position of the industry.  The purpose of these 
measures is to give the affected domestic industr y an opportunity to adjust to the increased import 
competition.  It is proposed that a safeguard measure be imposed only as long as is necessary to prevent or remedy serious injury.  
 This Bill seeks to make provision for the app lication of safeguard measures in keeping with 
the WTO Agreement.  The Bill provides, inter alia , for the establishment of an investigating 
authority:  
(a) to conduct an investigation, whether at th e request of a domestic industry or on its 
own initiative in order to determine whet her increased imports of a product have 
caused or threatened  to cause injury; 
(b) to impose safeguard measures, including provisional measures, by way of increased 
duties and import quotas; 
(c) to conduct hearings in relation to investigations; 
(d) to keep a public register of its decisions and other prescribed information. 
 Interested parties must be notified by the Inv estigating Authority and given an opportunity to 
present evidence and opinions and respond to the presentation of other parties. 
  The Bill also provides for:  
(a) the protection of trade secrets and other confidential information; 
(b) the progressive liberalization of safeguard measures which are applied for periods in 
excess of one year; G/SG/N/1/JAM/2 
Page 16  
 
 (c) a review by the Investigating Authority of any definitive safeguard measure that is 
applied for more than three years; 
(d) the allocation of quotas among exporting countries by agreement between those 
countries and the Government; 
(e) the restriction on the application of saf eguard measures in relation to a product 
imported from a developing coun try which supplies less than three per cent of the 
total imports of that product; 
(f) the factors to be taken into account by the Investigating Authority in making a 
determination in relation to a product being investigated. 
 
       PHILLIP PAULWELL 
Minister of Industry, Commerce and Technology 
  
*  *  * G/SG/N/1/JAM/2 
 Page 17 
 
 
 THE JAMAICA GAZE TTE SUPPLEMENT 
 
PROCLAMATIONS, RULES  AND REGULATIONS 
 
__________________________________________________________________________________ 
 
Vol. CXXVI         MONDAY, 4 AUGUST 2003            No. 77 __________________________________________________________________________________  No. 92 
THE SAFEGUARD ACT, 2001 
 
(Act 24 of 2001) 
 
THE SAFEGUARD ACT, 2001 (APPOINTED DAY) NOTICE 
 
  In exercise of the power conferred upon the Mini ster by section 1 of the Safeguard Act, 2001, 
the following Notice is hereby given:  1. This Notice may be cited as the Safe guard Act, 2001 (Appointed Day) Notice. 
 
2. The 1
st day of August 2003 is hereby appointed as the day on which the Safeguard Act, 2001 
shall come into operation:   Dated this 31
st day of July 2003. 
 
          PHILLIP PAULWELL       Minister of Commerce, Science and Technology  G/SG/N/1/JAM/2 
Page 18  
 
 THE JAMAICA GAZE TTE SUPPLEMENT 
 
PROCLAMATIONS, RULES  AND REGULATIONS 
__________________________________________________________________________________ 
 
Vol. CXXVI       THURSDAY, 21 AUGUST 2003            No. 84 
__________________________________________________________________________________  No. 104 
THE SAFEGUARD ACT, 2001 
 
THE SAFEGUARD REGULATIONS, 2003 
  In exercise of the powers conferred upon the Mini ster by sections 5, 6, 9, 11, 14, 15, 18, 22, 
24, 30 and 33 of the Safeguard Act, th e following Regulations are hereby made: 
 
1. These Regulations may be cited as the Safeguard Regulations, 2003. 
 2. (1) A determination as to whether increase d imports of an investigated product have 
caused serious injury to a domestic industry under section 5 of the Act shall be based on the following 
factors, that is to say: 
 
 (a) the rate and amount of increase in imports  of the investigated product, in absolute 
terms and relative to domestic  production of like or directly competitive products; 
  (b) the share of the domestic market take n by increased imports of the investigated 
product; 
  (c) the prices of the investigated product,  especially for the purposes of determining 
whether the industry has suffered price effects, including: 
   (i) price undercutting; 
 
  (ii) price suppression;  and    (iii) price depression;  
 (d) the impact of increased imports of th e investigated product on the domestic industry 
as evidenced by relevant economic indicators, including: 
   (i) production;    (ii) utilization of production capacity; 
 
  (iii) changes in the levels of inventory;    (iv) the market share;  
  (v) any change in the levels of sale; 
   (vi) the level of employment and wages in the domestic industry;    (vii) productivity;  G/SG/N/1/JAM/2 
 Page 19 
 
 
  
  (viii) profit;    (ix) return on investment;  and  
  (x) cash flow; 
  (e) such other factor as the Investigating Authority considers relevant.   (2) A determination as to whether increase d imports of an investigated product have 
threatened to cause serious injury to a domestic industry under section 5 of the Act shall be based on 
the following factors, that is to say:   (a) the actual and potential export capacity of the country or countries of origin or of 
export and the likelihood that this capacity  will be used for e xports into Jamaica, 
taking into account the availability of othe r export markets to absorb an increase; 
  (b) the rate of increase in the import of the product under investigation to Jamaica in 
absolute and relative terms; 
  (c) any build-up of inventories of the invest igated product in Jamaica and in the countries 
of export; 
  (d) evidence of the possibility of  a further increase in imports; 
  (e) trade restriction on exports to third country markets; 
 
 (f) the potential impact of increased imports of  the investigated product on the domestic 
industry as evidenced by relevant economic indicators, including: 
   (i) production;  
  (ii) utilization of production capacity; 
   (iii) changes in the levels of inventory;    (iv) the market share; 
 
  (v) any change in the level of sale;    (vi) productivity;    (vii) profit; 
 
  (viii) return on investment;    (ix) cash flow;  and  
 (g) such other factors as the Investigating Authority considers relevant. 
  (3) In this Regulation:  G/SG/N/1/JAM/2 
Page 20  
 
   "price depression" means the reduction in the domestic industry's selling price as a 
result of increased imports of the investigated product; 
   "price suppression" means the decline in the margin between an organization's unit 
cost and selling price; 
 
  "price undercutting" means the margin be tween the Jamaican ma rket price of the 
investigated product and that of the domestic like or directly competitive product. 
 
INVESTIGATION 
 
Conduct of Investigation 
 
2. A written request by or on behalf of a domestic  industry under section 6(1)(a) of the Act shall 
include the following information: 
(a) the full name, business name, where applicable, and address of the applicant; 
(b) a description of the volume and value of its domestic production of the like or directly 
competitive products; 
(c) a list of all known domestic producers of the like or directly competitive products; 
(d) whether the request is made by or on behalf of the domestic industry, and the 
percentage of domestic production of th e like or directly competitive products 
produced by the domestic industry; 
(e) a complete description of the investigated product, including its trade name or 
identification, technical specifications, characteristics, uses, tariff classification and the customs duties applicable; 
(f) a complete description of the domestic like or directly competitive product, including 
its trade name or identification, technical specification, characteristics, uses and tariff 
classification; 
(g) evidence that the domestic product is like or  directly competitive to the imported 
product; 
(h) the name of the country of origin and th e country of export of the imported product; 
(i) the identity and address of each known fo reign producer, exporter and domestic 
importer of the imported product, or his duly authorized representative; 
(j) information, by country of origin, on the volume and value of the imported product 
which shows the increase in imports of the i nvestigated product in absolute terms or 
relative to domestic production, or both, for each of the three calendar years preceding the request, and any more recent partial-year data on a monthly basis or, 
where the data is unavailable, other available basis; 
(k) the volume and value of the domestic like or directly competitive product for each of 
the last years and the expected volume of pr oduction in the year in which the request 
is being submitted, on a monthly basis or , where the data is unavailable, other 
available basis;  G/SG/N/1/JAM/2 
 Page 21 
 
 
 (l) information in support of the existence of serious injury or threat of serious injury to 
the domestic industry, for each of the three calendar years preceding the request and any more recent partial-year data, on a monthly basis or, where the data is unavailable, on such basis as the Investigating Authority may determine, including: 
(i) the volume and value of domestic production; 
(ii) utilization of production capacity; 
(iii) any change in the levels of inventory; 
(iv) the market share; 
(v) any change in the levels of sales; 
(vi) the level of employment and wages in the domestic industry; 
(vii) any change in the price level; 
(viii) productivity; 
(ix) profit and loss; 
(x) cash flow; 
(xi) the export capacity of the exporting countries; 
(xii) inventories in Jamaica and in the exporting countries; 
(xiii) any information regarding the prob ability that imports will increase, 
including trade restrictions on exports to third country markets;  and 
(xiv) any other indicator considered relevant by the applicant. 
(m) an explanation, in light of the informati on provided and the requirements of the Act, 
of the reasons why it is believed that serious injury exists or there is a threat thereof 
and why it is believed to be caused by the increased imports; 
(n) a statement giving: 
(i) specific reasons and objectives for seeking the application of a safeguard 
measure;  and 
(ii) the type and level of safeguard measur e considered necessary to ensure the 
achievement of the objects pursued; 
(o) a plan for the adjustment of the domestic industry from competition from imports, in 
accordance with the reasons and objectives set  out in the statement mentioned in 
paragraph (n); 
(p) where a provisional safeguard measure is sought: 
(i) information regarding circumstances in  which delay in taking action will 
cause damage to the domestic industry, which it would be difficult to repair; G/SG/N/1/JAM/2 
Page 22  
 
 (ii) a statement indicating the level of tariff increases requested;  and 
(iii) an economic report which quantifies the impact of the measure requested on 
the final and intermediate consumers of  the product concerned, and on the 
public interest;  and 
(q) such other information as the Investig ating Authority may reasonably require. 
3. Every person who: 
(a) makes a written request under section 6(1)(a) of the Act;  and 
(b) alleges that any information contained in  or submitted along with the request is 
confidential,  
 shall submit a confidential version along w ith a non-confidential summary of the request. 
 
4. A notice of an investigation under section 9(2) of the Act shall contain the following 
information: 
(a) the data and time of commencement of the investigation; 
(b) the reasons for the investigation; 
(c) a summary of information on which allegati ons of increased imports and any serious 
injury or threat thereof caused  by increased imports are based; 
(d) whether the application of a provi sional measure will be considered; 
(e) the name, business address and telephone numbers  of the contact person at the offices 
of the Investigating Authority; 
(f) the proposed schedule for the investigation, including: 
(i) the date by which interested parties desi ring to participate in the investigation 
must so inform the Investigating Authority in writing; 
(ii) where the application of a provisiona l measure will be considered, the 
schedule for and the deadline pertaini ng to the preliminary phase of the 
investigation; 
(iii) the date by which a hearing, if desired, must be requested;  and 
(iv) the proposed dates for the determination regarding the application of a 
provisional measure, if relevant, for the determination regarding serious 
injury. 
Public Register 
 
5. (1) The public register established under section 16 of the Act, shall contain: 
(a) all non-confidential submissions as well as ve rification reports, records of hearing 
and any other information which is of a public nature;  G/SG/N/1/JAM/2 
 Page 23 
 
 
 (b) all notices and statements of reasons rela ting to the investigation published by the 
Investigating Authority. 
 (2) The public register shall be made av ailable to members of the public during the 
business hours of the Investigating Authority for th e purpose of inspection and the making of copies 
of extracts therefrom upon payment of the prescribed fee. 
 
 (3) A separate register shall be kept in respect of or any confidential information 
submitted to the Investigating Authority and shall not be open for inspection. 
 6. In order to verify information submitted or to obtain further details, the Investigating 
Authority may conduct visits and inspect facilities of an interested party. 
Safeguard Measures 
 
7. A notice of application of a provisional safe guard measure under section 18 of the Act shall 
contain the following information: 
(a) the information specified in regulation 3; 
(b) the country or countries of origin of the investigated product; 
(c) the basis for the determination of: 
(i) circumstances under which delay would cause damage that would be difficult 
to repair; 
(ii) the existence of clear evidence that in creased imports of the investigated 
product have caused or threaten to cause serious injury. 
(d) the amount of tariff increase proposed as the provisional safeguard measure; 
(e) the duration of the provisional safeguard measure;  and 
(f) such other information as the Inves tigating Authority thinks necessary. 
8. A notice upon making a determination as to the cause of serious injury or threat of serious 
injury under section 22 of the Act shall contain the following information: 
(a) the information specified in regulation 3; 
(b) the country of origin of the investigated product; 
(c) a summary of the information obtained  in the investigation, including: 
(i) the factors considered and the relevance of those factors; 
(ii) the finding and conclusions reached on the issues of facts and law 
considered; 
(d) the reasons why the Investigating Authority has concluded that the application of a 
definitive safeguard measure is in the public interest;  and G/SG/N/1/JAM/2 
Page 24  
 
 (e) the name, business address and telephone numbers  of the contact person at the offices 
of the Investigating Authority. 
9. A notice of application of a definitive safegua rd measure under section 24 of the Act shall 
contain the following information: 
(a) the information specified in regulation 3; 
(b) a summary of the affirmative injury determ ination, including the factors considered 
and the relevance thereof, as well as of th e findings and conclusions, and the reasons 
therefor, on the issues of fact and law considered; 
(c) the reasons why the Minister has concluded that the application of a definitive 
safeguard measure is in the public interest; 
(d) the form, level and duration of the proposed  definitive safeguard measure, and an 
explanation thereof in light of the domestic industry's adjustment plan; 
(e) the date of application of the definitive safeguard measure; 
(f) if a quantitative restriction is proposed, the allocation of the quotas among the 
supplier countries, and an explanation a nd the relevant information regarding the 
basis on which the allocation has been made; 
(g) if the duration of the measure is more than one year, a timetable for the progressive 
liberalization of the measure;  and 
(h) the name of any developing country which is exempted from the measure. 
10. A notice of termination of an investigation without applying a definitive safeguard measure 
under section 27 of the Act for publication in the Gazette  shall contain the following information: 
(a) a complete description of the investigated product, including its trade name or 
identification, technical specifications, characteristics and uses, its tariff classifications and duties applicable; 
(b) a complete description of the like or directly competitive product, including its trade 
name or identification, technical specifications, characteristics and uses; 
(c) the business name and address of the applican t, if any, and all other known producers 
of the domestic like or directly competitive products; 
(d) the country or countries of origin or export of the investigated product; 
(e) the name, address and telephone number of contact person at the Investigating 
Authority; 
(f) the reason for the termination of the investigation. 
11. A notice of commencement of a review of a definitive safeguard measure under section 30 of 
the Act shall: 
(a) be published in the Gazette  and in a daily newspaper;  and  G/SG/N/1/JAM/2 
 Page 25 
 
 
 (b) contain the information specified in regulation 5. 
12. A notice of the decision taken consequent on th e review of a definitive safeguard measure 
under section 30 of the Act shall contain the following information: 
(a) a complete description of the investigated product, including its trade name or 
identification, technical specifications, characteristics and uses, its tariff 
classifications and duties applicable; 
(b) a complete description of the like or directly competitive product, including its trade 
name or identification, technical specifications, characteristics and uses; 
(c) the business name and address of the applican t, if any, and all other known producers 
of the domestic like or directly competitive products; 
(d) the country or countries of origin or export of the investigated product; 
(e) the name, address and telephone number of contact person at the Investigating 
Authority; 
(f) the date of application of the definitive safeguard measure and the form and duration 
of the definitive safeguard measure imposed; 
(g) the reason for the Investigating Authority's decision to either maintain or withdraw 
the definitive safeguard measure or to in crease the pace of liberalization of the 
domestic industry. 
13. (1) The domestic industry's written request fo r an extension of a definitive safeguard 
measure should be received by the Investigating Author ity no later than nine m onths before the end of 
the initial period of application of the measure. 
 (2) In addition to the requirements set out in  regulation 3 the request shall contain details 
demonstrating that:  
(a) an extended period of application of the m easure continues to be necessary to prevent 
or remedy serious injury to the domestic industry; 
(b) the domestic industry is adjusting to newly occurring circumstances;  and 
(c) the domestic industry is carrying out its adjustment plan. 
Quotas 
 
14. (1) A definitive safeguard measure in the form  of a quota on imports of the investigated 
product, applied pursuant to section 25 of the Act,  shall not reduce the quantity of those imports 
below the average level registered in the most rece nt three representative years for which statistics are 
available (hereinafter referred to as the "representative period") 
 (2) Notwithstanding the provisions of paragra ph (1), the Investigating Authority may, if 
it is satisfied that a different level is necessary to pr event or remedy serious injury or threat thereof, 
apply a quota which reduces the quan tity of imports of the investigated product below the average 
level registered in the representative period. 
 G/SG/N/1/JAM/2 
Page 26  
 
  (3) Where more than one country exports the investigated product to Jamaica, the quota 
on imports shall be allocated among supplying countries, on the basis of the agreement reached pursuant to section 25(3) of the Act.  15. (1) Where the Investigating Authority de termines that an allocation pursuant to 
regulation 15(3) is not reasonably practicable, th e Investigating Authority shall allocate the quota 
among Members having a substantial interest in supplying the investigated product. 
 (2) An allocation under paragraph (1) sh all be based upon the proportions of the 
investigated product supplied by such Members during the representative period.  
16. In making an allocation of the quota among supplying countries, the Investigating Authority 
shall take account of any special factors which ha ve affected trade in the investigated product. 
17. Where the Investigating Authority determines th at there is serious injury to the domestic 
industry, it may allocate the quota among supplying members on a different basis, provided that 
consultations have been held w ith supplying members under the auspices of the Committee, and the 
Committee is satisfied that: 
(a) imports from certain suppliers have increas ed disproportionately in relation to the 
total increase in imports of the investigated product during the representative period; 
(b) the reasons for the departure from the method for quota allocation specified in 
regulation 15(3) are justified;  and 
(c) the conditions of such departure are the most  equitable to all concerned suppliers of 
the product. 
Hearings 
 
18. A notice of the hearing shall be published in the Gazette  and in a daily newspaper. 
19. If an interested party fails to attend a hearing, the Investigating Authority may: 
(a) proceed without the participation of the party;  and 
(b) take account of such facts and information available to it. 
20. (1) The facts required to be submitted under sec tion 4(3) of the Act shall be submitted no 
later than five days before the scheduled date of the hearing. 
 (2) An interested party may, within five days after the hearing, submit further written 
arguments and information in response to the argum ents and information presented at the hearing. 
 
Dated this 18
th day of March, 2003. 
 
PHILLIP PAULWELL, 
Minister of Commerce, Science and Technology. 
 
No. 50/3/12 
__________