chhatramani/nepal_legal_acts_corpus_english huggingface dataset:
Accreditation Act, 2022

Provided that, before being removed in such a manner, he/she shall be given a reasonable opportunity to submit a defence.
(7) Until an appointment of an Executive Director is made pursuant to sub-section (4), the Government of Nepal may designate an officer of the Federal Civil Service, at least of the gazetted second class, who possesses the qualifications pursuant to sub-section (3), to work as the Executive Director. 24. Disqualification of Executive Director: The following persons shall not be qualified for appointment or to hold office as Executive Director:-
(a) A person who does not possess the qualifications pursuant to sub-section (3) of Section 23,
(b) A person who has completed the age of sixty-five years,
(c) A person who has been convicted of an offence related to corruption, rape, human trafficking and transportation, narcotic drug sale, distribution and transportation, money laundering, passport misuse, kidnapping, or other criminal offence involving moral turpitude, or sentenced to life imprisonment or imprisonment of twenty years or more for any offence, and such verdict has become final,
(d) A person who has been blacklisted pursuant to the prevailing law,
(e) A person who has been adjudged insolvent by a court,
(f) A person who has obtained residential permits of any foreign country,
Explanation: For the purpose of this clause, "Permanent Residence Permit" means a Diversity Immigrant Visa (D.V.), Permanent Resident Visa (P.R.), or Green Card provided to a Nepali citizen to reside permanently in a foreign country, whether subject to any condition or not, and the term also includes a permanent residence permit of any name given to a Nepali citizen to reside permanently abroad.
(g) A person who is unable to perform duties due to physical or mental illness. 25. Service Conditions of Executive Director: The remuneration, service conditions, and facilities of the Executive Director shall be as prescribed. 26. Functions, Duties and Powers of the Executive Director: The functions, duties, and powers of the Executive Director shall be as follows:-
(a) To prepare guidelines, procedures, and criteria related to accreditation and submit them to the Committee for approval,
(b) To implement or cause to be implemented the decisions made by the Committee, approved plans, programs, and budget,
(c) To prepare the annual plan, program, and budget of the Centre and submit them to the Committee for approval,
(d) To oversee and control the Fund and to take care and maintain the movable and immovable property of the Centre,
(e) To act as a liaison officer between the Centre and the Committee,
(f) To issue, suspend, or cancel Accreditation Certificates subject to this Act or the rules made under this Act, and
(g) To perform other functions as prescribed. 27.
Accreditation Act, 2022

27. Provisions Relating to Employees: (1) To conduct the work of the Centre smoothly, there shall be a necessary number of employees in the Centre according to the organizational structure and posts approved by the Government of Nepal.
(2) The employees required in the Centre shall be provided by the Government of Nepal.
(3) Notwithstanding anything written in sub-section (2), the Centre may appoint technical expert employees required by it on a contract basis in accordance with the prevailing law. Chapter-6
Provisions Relating to Fund and Accounts

28. Fund: (1) The Centre shall have its own Fund.
(2) The Fund pursuant to sub-section (1) shall consist of the following amounts:-
(a) Amounts received from the Government of Nepal,
(b) Amounts received in consideration of services provided by the Centre,
(c) Amounts received from domestic associations, institutions, or individuals, and
(d) Amounts received from foreign governments, institutions, individuals, or international associations or institutions.
(3) Before receiving amounts pursuant to clause (d) of sub-section (1), the Centre shall obtain the approval of the Government of Nepal, Ministry of Finance.
(4) All expenses incurred by the Centre, including its day-to-day administration, shall be borne by the Fund. 29. Accounts and Audit of the Fund: (1) The Centre shall maintain accounts of the Fund according to the accounting system adopted by the Government of Nepal.
(2) The operation of the Fund account shall be by joint signature of the Executive Director or an authorized officer designated by him/her and the chief accounts officer of the Centre.
(3) The audit of the Fund shall be carried out by the Auditor General.
(4) The Government of Nepal may, at any time, inspect or cause to be inspected the accounts and records of the Fund. 30. Monitoring and Inspection May Be Done: The Committee may, at any time, monitor or inspect or cause to be monitored or inspected the work and activities of the Centre regarding whether the work and activities have been carried out by the Centre in accordance with this Act or the rules, guidelines, procedures, and criteria made under this Act. Chapter-7
Miscellaneous

31. Annual Report: (1) The Centre shall prepare a report of the work and activities accomplished during the year and, after getting it approved by the Committee, submit it to the Ministry through the Committee within three months of the end of each fiscal year.
(2) Other provisions relating to the annual report shall be as prescribed. 32.
Accreditation Act, 2022

32. Delegation of Powers: (1) The Committee may delegate some of the powers vested in it to the Chairperson, Member, Executive Director, or Subject Committee as necessary.
(2) The Executive Director may delegate some of the powers vested in him/her under this Act to any authorized employee of the Centre as necessary. 33. Oath to be Taken: The Executive Director and the Coordinator and members of the Subject Committee shall take an oath in the format as per the Schedule before the Chairperson before assuming their duties. 34. No Bar to Prosecution under Prevailing Law: If an act that constitutes an offence under this Act also constitutes an offence under other prevailing laws, this Act shall not be deemed to bar prosecution under such other laws. 35. Contact with the Government of Nepal: The Centre shall contact the Government of Nepal through the Ministry. 36. Act Implementation Review: The Ministry shall conduct a review of the implementation of this Act within one year of the completion of five years from the commencement of this Act, and thereafter within one year after every subsequent five years, and shall submit a report thereof to the relevant committee of both Houses of the Federal Parliament. 37. Power to Make Rules: The Government of Nepal may make necessary rules for the implementation of this Act. 38. Power to Make Guidelines, Procedures, and Criteria: (1) To facilitate the work and activities of the Centre, the Centre may make guidelines, procedures, and criteria as necessary.
(2) The guidelines, procedures, and criteria made pursuant to sub-section (1) shall come into effect from the date of approval by the Ministry. Schedule
(Relating to Section 33)

Oath

I, , do sincerely affirm/swear in the name of God that I will honestly, remaining in discipline and subject to the Accreditation Act, 2079 and the prevailing law, fearlessly, without favour, affection, malice, or greed, fulfill the responsibilities and duties of the office of the Executive Director / Coordinator / Member of Subject Committee of the Nepal Accreditation Centre, and will not disclose, under any circumstances except while adhering to the prevailing law, any matter that comes to my knowledge in the course of performing my duties. Name of the person taking oath:
Signature:
Date:
Position:

Name of the person certifying the taking of oath:
Signature:
Date:
Position:
Office:
Safeguards, Anti-dumping and Countervailing Act, 2019

Provided that the term shall not refer to a domestic producer who is also an importer of such goods.

(ac) "Injury" means material injury caused or likely to be caused to the domestic industry due to the import of like, similar or subsidized goods, and the term also refers to a situation where the establishment of an industry is hindered due to such import. Chapter 2
Provisions Relating to Safeguards

3. Authority to Impose Safeguards Measure: (1) If the domestic industry producing goods that are like, similar or directly competitive to any goods has suffered serious injury or there is sufficient ground to believe that such injury may occur due to an unexpected and abnormal increase in the import of such goods in large quantities, the Ministry may cause an investigation to be conducted through the Department.

(2) If the situation under Sub-section (1) exists, a domestic industry producing like or similar goods may submit an application to the Ministry to impose necessary safeguards measures on such goods.

(3) If, upon investigation pursuant to Sub-section (1), it appears that the domestic industry has suffered or may suffer serious injury from the import of such goods, the Government of Nepal may impose the following safeguards measures:

(a) Levying an additional customs duty in addition to the customs duty leviable under the prevailing law,

(b) Levying an additional duty based on an additional tariff rate quota on imports exceeding the quantity determined by the Government of Nepal,

(c) Imposing a full or partial quantitative restriction on the import of such goods,

(d) Other measures as prescribed.

(4) Notwithstanding anything contained in Sub-section (3), no safeguards measure shall be imposed on goods imported from a developing country where the import volume from that country is less than three percent of the total import of like, similar or directly competitive goods. Provided that, if the volume of goods imported from more than one developing country, each with a share of less than three percent of total imports, collectively exceeds nine percent of the total import of like, similar or directly competitive goods produced domestically, safeguards measures may also be imposed on goods imported from any such developing country whose individual share is less than three percent.

(5) When imposing a safeguards measure, the same or different rates of duty or quantitative duty rates may be imposed on like, similar or directly competitive goods.

(6) Other provisions relating to the procedure for imposing safeguards measures under this Section shall be as prescribed. 4.
Safeguards, Anti-dumping and Countervailing Act, 2019

4. Duration of Safeguards Measure: (1) The duration of a safeguards measure imposed pursuant to Section 3 shall remain in effect for a maximum of four years from the date of imposition of such measure.

(2) Notwithstanding anything contained in Sub-section (1), if the Investigating Officer recommends that the condition warranting the safeguards measure under Section 3 continues to exist after that period, the Government of Nepal may extend the period for imposing the safeguards measure for a maximum of four years.

(3) When calculating the period under Sub-section (1), if an interim safeguards measure was imposed pursuant to Section 6, that period shall also be included in the calculation.

(4) Notwithstanding anything contained in Sub-section (1), if the Government of Nepal deems necessary, the period of a safeguards measure imposed under Section 3 may be extended for a maximum of two years in addition to the period under Sub-sections (1) and (2). Provided that no additional safeguards measures shall be imposed during such extended period. 5. Removal of Safeguards Measures: The Government of Nepal may remove a safeguards measure imposed under Section 3 in any of the following circumstances:

(a) If a review conducted under Section 43 shows that imposing the safeguards measure on such goods is not necessary,

(b) If other alternative measures are adopted under Section 7,

(c) In other circumstances as prescribed. 6. Authority to Impose Interim Safeguards Measure: (1) If serious injury has been caused or there is an apprehension of serious injury to the domestic industry due to an unexpected and abnormal increase in the import of any goods in large quantities, and it is deemed necessary to take immediate action, the Government of Nepal may impose an interim safeguards measure on such goods.

(2) When the Government of Nepal imposes an interim safeguards measure under Sub-section (1), it may impose any safeguards measure under Sub-section (3) of Section 3.

(3) Notwithstanding anything contained in Sub-section (1), before imposing an interim safeguards measure in respect of any goods, one of the following conditions must exist:

(a) The preliminary report under Section 25 indicates that a safeguards measure needs to be imposed immediately,

(b) The evidence immediately available from the investigation provides sufficient ground that the domestic industry has suffered or may suffer serious injury due to the import of any goods.

(4) The duration of an interim safeguards measure imposed under this Section shall not exceed two hundred days. 7.
Safeguards, Anti-dumping and Countervailing Act, 2019

7. Alternative Measures May Be Adopted: (1) Notwithstanding anything contained elsewhere in this Chapter, the Government of Nepal may, by negotiating with the government of the country or autonomous customs territory producing or exporting any goods imported in an unexpectedly and abnormally large quantity, adopt other alternative measures to protect the domestic industry from serious injury that is occurring or may occur.

(2) Provisions relating to the alternative measures referred to in Sub-section (1) shall be as determined by the Government of Nepal. Chapter 3
Provisions Relating to Anti-Dumping Duty

8. Goods Not to Be Dumped: No importer shall dump any goods by importing them at an export price lower than the normal value of the producer's or exporter's country or autonomous customs territory in a manner that causes or may cause injury or serious injury to a domestic industry producing like or similar goods. 9. Authority to Impose Anti-Dumping Duty: (1) If it appears from the report submitted by the Investigating Officer pursuant to Section 26 that any person has dumped goods in contravention of Section 8, the Government of Nepal may impose an anti-dumping duty, in addition to the customs duty, on such goods.

(2) Notwithstanding anything contained in Sub-section (1), no anti-dumping duty shall be imposed on goods imported from any country or autonomous customs territory where the dumping margin of the dumped goods is less than two percent, and where the share of imports from such country or territory is up to three percent of the total import of like or similar goods. Provided that, if the share of goods imported from more than one country or autonomous customs territory exceeds seven percent of the total import of goods of a like or similar nature, an anti-dumping duty may also be imposed on goods imported from any such country or autonomous customs territory whose individual share is less than three percent.

(3) Before imposing an anti-dumping duty under Sub-section (1), there must be clear sufficient ground and evidence showing that the domestic industry has suffered or may suffer injury or serious injury due to the dumping of such goods.

(4) The determination of the rate of anti-dumping duty shall be as prescribed by the Government of Nepal based, inter alia, on the investigation report pursuant to Section 26.

(5) When imposing an anti-dumping duty, different rates of duty may be imposed depending on the nature of the imported goods. 10.
Safeguards, Anti-dumping and Countervailing Act, 2019

10. Duration of Anti-Dumping Duty: (1) An anti-dumping duty imposed under Section 9 shall remain in effect for a maximum of five years from the date on which such duty was first imposed.

(2) Notwithstanding anything contained in Sub-section (1), if the Investigating Officer recommends that the condition warranting the anti-dumping duty under Section 9 continues to exist after that period, the Government of Nepal may extend the period for imposing the anti-dumping duty for a maximum of five years. 11. Authority to Impose Interim Anti-Dumping Duty: (1) The Government of Nepal may impose an interim anti-dumping duty on any goods under the following circumstances:

(a) A notice of initiation of an investigation in respect of any goods has been published pursuant to Section 20,

(b) Evidence immediately available indicates that such goods are being dumped,

(c) There is sufficient ground to believe that the import of such goods has caused or may cause injury or serious injury to the domestic industry,

(d) At least sixty days have elapsed since the Investigating Officer initiated the investigation process,

(e) The preliminary report under Section 25 recommends the imposition of an interim anti-dumping duty,

(f) It is deemed necessary to impose an interim anti-dumping duty immediately to prevent injury or potential injury to the domestic industry.

(2) An interim anti-dumping duty imposed under Sub-section (1) shall be for a maximum of six months if the domestic industry producing like or similar goods has so requested, and for a maximum of one hundred and twenty days in other cases. 12. Removal of Anti-Dumping Duty: If it appears from the report submitted by the Investigating Officer under Section 22 or any other basis that there is no longer a need to maintain the anti-dumping duty imposed under Section 9, the Government of Nepal may remove such duty at any time. Chapter 4
Provisions Relating to Countervailing Duty

13. Subsidized or Directly or Indirectly Subsidized Goods Not to Be Imported: No importer shall import any subsidized or directly or indirectly subsidized goods in a manner that causes or may cause injury or serious injury to a domestic industry. 14.
Safeguards, Anti-dumping and Countervailing Act, 2019

Chapter 4
Provisions Relating to Countervailing Duty

13. Subsidized or Directly or Indirectly Subsidized Goods Not to Be Imported: No importer shall import any subsidized or directly or indirectly subsidized goods in a manner that causes or may cause injury or serious injury to a domestic industry. 14. Authority to Impose Countervailing Duty: (1) If any person imports any subsidized or directly or indirectly subsidized goods in contravention of Section 13, the Government of Nepal may, based on the report obtained pursuant to Section 26, impose a countervailing duty, in addition to the customs duty, on such goods.

(2) Notwithstanding anything contained in Sub-section (1), a countervailing duty shall not be imposed on any goods in the following circumstances:

(a) In the case of goods imported from a developing country, where the subsidy or direct or indirect subsidy provided is less than two percent of the export price, and in the case of other countries or autonomous customs territories, less than one percent,

(b) Where the volume of subsidized or directly or indirectly subsidized goods imported from a single developing country is found to be less than four percent of the total volume of imports of goods of a like or similar nature in Nepal,

(c) Goods received by the Government of Nepal in the form of in-kind or cash grants under bilateral or multilateral agreements.

(3) Notwithstanding anything contained in Clause (b) of Sub-section (2), if the volume of subsidized or directly or indirectly subsidized goods imported from developing countries, each with a share of less than four percent of total imports, collectively amounts to nine percent or more of the total volume of imports of goods of a like or similar nature in Nepal, a countervailing duty may also be imposed on subsidized goods imported from any such developing country whose individual share is less than four percent.

(4) Before imposing a countervailing duty under Sub-section (1), there must be clear sufficient ground and evidence showing that such imported goods are subsidized or directly or indirectly subsidized goods, and that the domestic industry has suffered or may suffer injury or serious injury due to the import of such goods.

(5) A countervailing duty imposed under Sub-section (1) must not exceed the subsidy margin.

(6) When imposing a countervailing duty under Sub-section (1), different rates may be imposed on imported goods of the same nature with different subsidy margins or different types of subsidies or direct or indirect subsidies. 15.
Safeguards, Anti-dumping and Countervailing Act, 2019

15. Duration of Countervailing Duty: (1) A countervailing duty shall be imposed for a maximum period of five years.

(2) Notwithstanding anything contained in Sub-section (1), if the Investigating Officer recommends that the condition warranting the countervailing duty under Section 14 continues to exist after that period, the Government of Nepal may extend the period for imposing the countervailing duty for a maximum of five years. 16. Authority to Impose Interim Countervailing Duty: (1) The Government of Nepal may impose an interim countervailing duty on any goods under investigation under the following circumstances:

(a) A notice of initiation of an investigation has been published pursuant to Section 20,

(b) Based on evidence immediately available, such goods are found to be subsidized or directly or indirectly subsidized goods,

(c) There is an apprehension that the import of such goods has caused or may cause injury or serious injury to the domestic industry, and it is deemed necessary to impose an interim countervailing duty immediately to prevent such injury,

(d) At least sixty days have elapsed since the Investigating Officer initiated the investigation process,

(e) The preliminary report obtained under Section 25 recommends the imposition of an interim countervailing duty.

(2) An interim countervailing duty imposed under Sub-section (1) must not exceed the subsidy margin.

(3) An interim countervailing duty under Sub-section (1) shall be imposed for a maximum of one hundred and twenty days only from the date of submission of the report under Section 25. Chapter 5
Provisions Relating to Investigation

17. Investigating Officer: (1) Unless otherwise specified by the Government of Nepal, for the purpose of investigating complaints relating to safeguards, anti-dumping or countervailing under this Act, the Department shall act as the Investigating Officer.

(2) For the purpose of Sub-section (1), the Department may designate an officer, at least of the rank of a Gazetted Second Class Officer, to work as an Investigating Officer. 18.
Safeguards, Anti-dumping and Countervailing Act, 2019

18. Authority to Submit Application: (1) If it is found that any person has imported goods at an export price lower than the normal value of the producer's or exporter's country or autonomous customs territory, or has imported subsidized or directly or indirectly subsidized goods, in a manner that causes or may cause injury or serious injury to a domestic industry producing like or similar goods, the domestic industry producing such goods, either by itself or through its representative, may submit an application to the Department in the prescribed format for imposing an anti-dumping duty under Section 9 or a countervailing duty under Section 14 on such imported goods.

(2) When submitting an application under Sub-section (1), the applicant must attach available evidence relating to the goods imported or intended to be imported and the injury, serious injury or threat of serious injury caused to the domestic industry thereby.

(3) When submitting an application under Sub-section (1), the following procedure must be completed:

(a) The complaint must be filed by the domestic industry or industries producing at least twenty-five percent of the like or similar goods,

(b) The application must be supported by the domestic industry or industries producing at least fifty percent of the like or similar goods,

(c) The evidence immediately available must provide a basis for substantiating the contentions of the application. 19. Inquiry into Application Required: (1) Upon receipt of an application under Section 18, the Investigating Officer shall conduct necessary inquiries into whether the procedure under Sub-section (3) of that Section has been completed.

(2) If, during the inquiry under Sub-section (1), the evidence submitted with the application does not provide a basis for substantiating the contentions of the application, the Investigating Officer shall not proceed with action on such application.

(3) Notwithstanding anything contained elsewhere in this Section, if information is received that any goods are being or are about to be dumped contrary to Section 8 or that any person is about to export goods obtained through subsidies or direct or indirect subsidies contrary to Section 13, or if there is a reasonable cause to believe such matters, and there is sufficient ground that such import may cause or may be likely to cause injury or serious injury to the domestic industry, the Department may initiate the investigation process by preparing a file incorporating necessary evidence related thereto.

(4) When conducting an inquiry under this Section or an investigation under Section 23, the concerned interested body shall provide the necessary details and documents to the Investigating Officer. 20.
Safeguards, Anti-dumping and Countervailing Act, 2019

20. Publication of Notice of Investigation Required: (1) If, upon examining the application under Section 19, the Investigating Officer deems it necessary to initiate the investigation process under Section 23 against such application, a notice to this effect shall be published through a national level newspaper.

(2) The notice published under Sub-section (1) shall include the name, nature, and characteristics of the goods under investigation, the name of the producing company, the name of the country of the producer or exporter, the evidence documents submitted by the complainant, and other necessary details.

(3) The Investigating Officer shall send a copy of the notice published under Sub-section (1), along with a copy of the related application and other relevant evidence, to the producer or exporter of the goods under investigation through electronic means. 21. Right to Object: (1) An interested party may file a written objection with the Investigating Officer in respect of such application within fifteen days from the date of publication of the notice under Sub-section (1) of Section 20.

(2) When an interested party files an objection under Sub-section (1), they must attach evidence and documents to substantiate the claims made in such objection.

(3) In the course of the investigation, any other party wishing to object to the evidence and documents submitted by any party may file an objection within fifteen days of the submission of such evidence or documents. 22. Burden of Proof: When filing an objection under Section 21, if the importer or exporter claims, among other things, that the goods under investigation were not imported into the country, that no goods were dumped, or that the imported goods are not subsidized goods, the burden of proof regarding such claims shall be on the interested party making the claim. 23.
Safeguards, Anti-dumping and Countervailing Act, 2019

23. Investigation Required: (1) After the notice is published under Section 20, the Investigating Officer shall initiate the investigation process, focusing on the following matters:

(a) The claims made in the complaint and the evidence documents submitted by the relevant parties,

(b) Whether the complainant is a domestic industry producing like or similar goods,

(c) Whether such goods are dumped goods and, if found to be so, the status of the dumping margin,

(d) Whether such goods are subsidized or directly or indirectly subsidized goods and, if found to be so, the status or quantum of the subsidy margin or subsidy,

(e) Whether the import of such goods has caused or is likely to cause injury or serious injury to the domestic industry and, if so, the nature and extent of such injury,

(f) Other matters deemed necessary for the investigation.

(2) While conducting the investigation, the Investigating Officer shall objectively evaluate and analyze all evidence and documents related to the matters referred to in Sub-section (1). 24. Authority to Seek Consultation: (1) When conducting an investigation under Section 23, the Investigating Officer may seek necessary consultation or information from the relevant body of the government of the exporter's country or autonomous customs territory regarding whether or not a subsidy has been provided in relation to the production or export of such goods.

(2) If any consultation or information is obtained from such body in response to a request under Sub-section (1), it may be taken as a basis; if no consultation or information is received within the requested period, it may be deemed that consultation on the matter has been held, and necessary action may be proceeded with. 25.
Safeguards, Anti-dumping and Countervailing Act, 2019

25. Preparation of Preliminary Report Required: The Investigating Officer shall, within sixty days of the initiation of the investigation under Section 23, prepare a preliminary report containing the following details and submit it to the Department:

(a) Name, quantity, and price of the goods, and the Harmonized Code of the goods,

(b) The exporter of such goods and the country or autonomous customs territory of the exporter,

(c) Whether the import of such goods has increased unexpectedly and abnormally in large quantities,

(d) If the import of such goods has increased unexpectedly and abnormally in large quantities, the quantity thereof,

(e) Whether such goods are subsidized or directly or indirectly subsidized goods and, if so, the quantity thereof,

(f) Whether such goods have caused or are likely to cause injury or serious injury to the domestic industry producing like or similar goods,

(g) Whether it is necessary to impose an interim safeguards measure under Section 6, an interim anti-dumping duty under Section 11, or an interim countervailing duty under Section 16 on such goods and, if imposition is necessary, for what period and at what rate such duty appears reasonable, along with the basis and reasons,

(h) Except for Clause (g), a definite opinion stating whether a safeguards measure, an anti-dumping duty, or a countervailing duty under this Act should be imposed, and at what rate and for what period, along with the basis and reasons,

(i) Other matters as prescribed. 26.
Safeguards, Anti-dumping and Countervailing Act, 2019

26. Preparation of Final Report Required: (1) The Investigating Officer shall generally complete the investigation and submit a final report thereof to the Department within one year from the date of initiation of the investigation.

(2) Based on the report received under Sub-section (1), the Department shall submit it to the Ministry, along with the report, for the purpose of imposing a safeguards measure, anti-dumping duty, or countervailing duty.

(3) The final report prepared under Sub-section (1) shall include the following:

(a) Actual details of the injury or serious injury caused or likely to be caused to the domestic industry due to the import of the goods under investigation,

(b) The normal value and export price of the goods under investigation,

(c) The dumping margin or subsidy or subsidy margin of the goods under investigation,

(d) The concrete suggestion of the Investigating Officer on whether or not an anti-dumping duty or countervailing duty should be imposed on such goods,

(e) If an anti-dumping duty or countervailing duty needs to be imposed on such goods, the basis thereof and the rate of duty,

(f) If it appears necessary to impose the anti-dumping duty or countervailing duty under Clause (d) with retroactive effect, the basis, reason, and effective date for such imposition,

(g) If the period of the imposed anti-dumping duty or countervailing duty needs to be extended, the recommendation stating the basis and reason for such extension,

(h) Other matters deemed necessary by the Investigating Officer.

(4) If the investigation cannot be completed within one year under Sub-section (1), the Investigating Officer may recommend to the Ministry to extend the investigation period, stating the clear reason thereof.

(5) If, upon examining the recommendation received under Sub-section (4), such recommendation appears reasonable, the Ministry may extend the investigation period for a maximum of six months. 27.
Safeguards, Anti-dumping and Countervailing Act, 2019

27. Determination of Serious Injury: For the purpose of imposing a safeguards measure under Section 3, when investigating whether the domestic industry producing like, similar or directly competitive goods has suffered or may suffer serious injury due to the import of the goods under investigation, the Investigating Officer shall determine such injury based on the following:

(a) The volume and price of the increase in imports of the goods under investigation,

(b) The market share of the goods under investigation,

(c) The impact on the production and productivity of the domestic industry producing like, similar or directly competitive goods,

(d) The impact on the sale and distribution of the domestic goods that are like, similar or directly competitive,

(e) The impact on the consumption of like, similar or directly competitive goods,

(f) The nature, extent, and volume of the injury caused to the domestic production of like, similar or directly competitive goods,

(g) The impact on employment provided by the domestic industry producing like, similar or directly competitive goods. 28. Determination of Normal Value of Goods: For the purpose of imposing an anti-dumping duty under Section 9, the Investigating Officer shall determine the normal value of the goods under investigation based on the following:

(a) The selling price of such goods in the domestic market of the country or autonomous customs territory of the manufacturer, producer or exporter of the imported goods,

(b) If the goods are not sold in the domestic market of the country or autonomous customs territory of the manufacturer, producer or exporter of the imported goods, or if the selling price of such goods cannot be determined for any other reason, the export price of such goods when exported to a third country,

(c) If the price cannot be determined based on Clause (a) or (b), the cost price of such goods plus a reasonable amount of profit, administrative, selling and general expenses,

(d) If the price cannot be determined based on Clause (c) either, the price determined by the Investigating Officer on a reasonable basis. 29.
Safeguards, Anti-dumping and Countervailing Act, 2019

29. Determination of Export Price: For the purpose of imposing an anti-dumping duty under Section 9, the export price of the goods under investigation shall be determined based on the following:

(a) The invoice price submitted at the customs point for the exported goods (excluding freight, insurance and other expenses) or, if such goods are also exported to other countries, the price paid by the first buyer in that country to the exporter,

(b) If the price cannot be determined based on Clause (a), or if despite the price being determined, it appears unreliable due to an association between the exporter and the importer or for any other reason, the price at which the exported like or similar goods are first resold to an independent buyer,

(c) If the price cannot be determined based on Clause (a) or (b), the price determined by the Investigating Officer on a reasonable basis. 30. Goods Considered to Have Received Subsidy or Grant: (1) For the purpose of imposing a countervailing duty under Section 14, if the goods under investigation are found to have received, directly or indirectly, the following assistance from the government of the exporting country or autonomous customs territory, or from any institution or body with full or partial financial or other assistance from such government, such goods shall be considered subsidized goods:

(a) Direct or indirect financial incentive, concession, exemption or assistance in the production or export of goods,

(b) Direct transfer or potential direct transfer of grants, loans, equity investment or capital for the production or export of goods,

(c) Assumption of existing or potential liabilities of the producer of such goods, or regular purchase of such goods,

(d) Exemption or waiver of outstanding taxes or revenues of the industry producing such goods,

(e) Receipt of goods, facilities, or services, other than basic infrastructure facilities, for the production of goods.

(2) Notwithstanding anything contained in Sub-section (1), goods for which the government of the exporter's country or autonomous customs territory provides the following subsidies shall not be considered subsidized goods:

(a) Subsidies provided for research activities conducted by or on behalf of the manufacturer, producer or exporter of such goods,

(b) Subsidies targeted at remote or backward regions of its country,

(c) Subsidies limited to adapting existing facilities relating to production, manufacturing or export technology or processes to new environmental requirements or regulations. 31. Confidentiality to be Maintained: Except for the purpose of Section 20 and the prevailing law, the Investigating Officer shall keep confidential the documents, information, knowledge, details, or commercial information received by or coming to his/her knowledge in the course of the investigation conducted under this Chapter.
Safeguards, Anti-dumping and Countervailing Act, 2019

31. Confidentiality to be Maintained: Except for the purpose of Section 20 and the prevailing law, the Investigating Officer shall keep confidential the documents, information, knowledge, details, or commercial information received by or coming to his/her knowledge in the course of the investigation conducted under this Chapter. Provided that there shall be no bar to providing such documents, information, knowledge or details to an authorized officer in accordance with an order of a court or in the course of law enforcement under the prevailing law. 32. Suspension or Termination of Investigation: Notwithstanding anything contained elsewhere in this Act, the Investigating Officer may, at any time, suspend or terminate the proceedings relating to the investigation initiated under this Chapter under the following circumstances:

(a) If the Ministry directs the suspension or termination of the investigation in respect of such goods stating that the exporter of the goods under investigation or the government of the exporter's country or autonomous customs territory has agreed not to export at a price lower than the normal value or cost price, or not to export subsidized goods,

(b) If the Ministry directs the suspension or termination of the investigation in respect of such goods stating that the exporter of the goods under investigation or the government of the exporter's country or autonomous customs territory has agreed to revise the price to eliminate the effect of the injury or serious injury caused or likely to be caused to the domestic industry producing like, similar or directly competitive goods,

(c) If an agreement is reached with the government or the exporter's country to bear, directly or indirectly, the compensation for the injury caused or likely to be caused to the domestic industry producing like, similar or directly competitive goods due to the import of the goods under investigation,

(d) If there are objective grounds confirming that the maximum quantity of the goods under investigation is being used as raw material by the domestic industry producing like, similar or directly competitive exportable goods,

(e) In other prescribed circumstances. Chapter 6
Provisions Relating to Coordination Committee

33.
Safeguards, Anti-dumping and Countervailing Act, 2019

Chapter 6
Provisions Relating to Coordination Committee

33. Formation of Committee: (1) A Coordination Committee shall be formed in the Ministry to coordinate between the concerned bodies for the implementation of this Act or the rules made under this Act.

(2) The formation of the Committee under Sub-section (1) shall be as follows:

(a) Secretary, Ministry - Chairperson

(b) Joint Secretary, Ministry of Finance - Member

(c) Joint Secretary, Ministry of Law, Justice and Parliamentary Affairs - Member

(d) Joint Secretary, Ministry - Member

(e) Director General, Department of Customs - Member

(f) President, Federation of Nepalese Chambers of Commerce and Industry - Member

(g) President, Confederation of Nepalese Industries - Member

(h) President, Nepal Chamber of Commerce - Member

(i) Director General, Department - Member Secretary

34. Functions, Duties and Powers of the Committee: The functions, duties and powers of the Committee shall be as follows:

(a) To advise the Government of Nepal on the policies to be adopted for the promotion of fair trade practices and the protection of domestic industry,

(b) To study and recommend to the Ministry if a review of this Act or the rules made under this Act appears necessary,

(c) To maintain coordination among the concerned bodies for the implementation of this Act or the rules made under this Act,

(d) To review the report received under Sub-section (2) of Section 26 and its implementation,

(e) To form sub-committees as necessary in relation to its work,

(f) To perform other functions as prescribed. 35. Meeting of Committee: (1) Meetings of the Committee shall be held as necessary.

(2) The meeting of the Committee shall be held on the date, time and place specified by the Chairperson.

(3) The presence of a majority of the total number of members of the Committee shall be deemed to constitute a quorum for a meeting of the Committee.

(4) The meeting of the Committee shall be chaired by the Chairperson.

(5) The opinion of the majority shall prevail in the meeting of the Committee, and in the event of a tie, the person chairing the meeting shall cast the deciding vote.

(6) If deemed necessary by the Chairperson, an expert or employee related to the subject may be invited to the meeting of the Committee.

(7) The decision of the Committee shall be authenticated by the Member Secretary of the Committee.

(8) Other procedures relating to the meeting
Control of International Trade in Endangered Wild Fauna and Flora Act, 2017

Control of International Trade in Endangered Wildlife and Fauna Act, 2073 (2017)

Date of Authentication
2074.01.10 (April 23, 2017)

Amending Act

1. Control of International Trade in Endangered Wildlife and Fauna (First Amendment) Act, 2075 (2018) 2075.11.10 (February 22, 2019)

Act Number 2 of the Year 2074 (2017)

An Act Made to Regulate and Control the International Trade in Endangered Wildlife and Fauna

Preamble: Whereas, it is desirable to make necessary legal provisions for the conservation of various species of endangered wildlife and fauna and for the regulation and control of their international trade in order to implement the Convention on International Trade in Endangered Species of Wild Fauna and Flora, 1973, to which Nepal is a party,

Now, therefore, the Legislature-Parliament, in accordance with sub-article (1) of Article 296 of the Constitution of Nepal, has enacted this Act. Chapter-1
Preliminary

1. Short Title, Extent and Commencement: (1) This Act may be called the "Control of International Trade in Endangered Wildlife and Fauna Act, 2073 (2017)."

(2) This Act shall apply throughout Nepal and shall also apply to any person who, while residing or staying anywhere outside Nepal, commits an act deemed to be an offence under this Act.

(3) This Act shall commence immediately. 2.
Control of International Trade in Endangered Wild Fauna and Flora Act, 2017

2. Definitions: Unless the subject or context otherwise requires, in this Act,-

(a) "Certificate" means a certificate issued pursuant to sub-section (1) of Section 6 and sub-section (3) of Section 8.

(b) "Investigating Officer" means an Investigating Officer pursuant to Section 23.

(c) "Prescribed" or "as prescribed" means prescribed or as prescribed in the rules made under this Act.

(d) "Rare wildlife or fauna" means any species or sub-species of wildlife or fauna listed in Appendix-I of the Convention.

(e) "Specimen" means the following things:
 (1) Any living or dead body of endangered wildlife or any organ, part, blood, tooth, nail, bone, skin, hair, horn or any substance of such wildlife, or any object made of, prepared from, or in which such substance is used; and
 (2) Any endangered flora, or any part, piece, stem, branch, leaf, fruit, flower, seed, bark, root or any substance of such flora, or any object made of, prepared from, or in which such substance is used added by the First Amendment. or its essence.

(f) "Export" means the act of exporting out of Nepal and said word also denotes re-export.

(g) "Captive Breeding" means the act of breeding by conserving rare wildlife ex-situ for the purpose of conserving the lineage and thereby producing first generation wildlife, or the act of planting, rearing, growing rare flora ex-situ for the purpose of conserving the lineage and thereby producing seeds or seedlings.

(h) "Convention" means the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) concluded on the 3rd day of March, 1973, at Washington D.C., United States of America.

(i) "Endangered wildlife or fauna" means any species or sub-species of wildlife or fauna listed in Appendix-II of the Convention.

(j) "Scientific Authority" means a Scientific Authority pursuant to Section 18.

(k) "Management Authority" means a Management Authority pursuant to Section 16.

(l) "Endangered wildlife or fauna" means rare wildlife or fauna, endangered wildlife or fauna and protected wildlife or fauna.

(m) "Conservator" means a person deployed by the Government of Nepal for the conservation and management of a national park, reserve, conservation area or buffer zone.

(n) "Protected wildlife or fauna" means any species or sub-species of wildlife or fauna listed in Appendix-III of the Convention.

(o) "Institution" means an organized institution established pursuant to the prevailing law with the objective of carrying out work related to wildlife or fauna. Chapter-2
Provisions Relating to Dealing in Endangered Wildlife or Fauna or its Specimen

3.