TURKEY – MEASURES AFFECTING THE IMPORTATION OF RICE
Document: Understanding between Turkey and the United States Regarding Procedures under Articles 21 and 22 of the DSU
Date: 13 May 2008
Document codes: WT/DS334/13
Complainant: U.S.
Respondent: Turkey
Third parties: Argentina, Australia, China, Egypt, EU, South Korea, Pakistan, Thailand
Dispute stage: Panel
Agreements cited: Art. XI:1, X:1, X:2, III:4, X:3(a)  GATT 1994Art. 4.2  AgricultureArt. 1.4, 3.3, 3.5(e), 3.5(f), 3.5(b), 3.5(d), 3.5(g), 3.5(h), 1.2, 1.3, 1.5, 1.6, 3.2, 3.5(a), 5.1, 5.2, 5.3, 5.4  Import LicensingArt. 2.1, Annex 1  Trade-Related Investment Measures (TRIMs)

TURKEY – MEASURES AFFECTING THE IMPORTATION OF RICE

Understanding between Turkey and the United States

Regarding Procedures under Articles 21 and 22 of the DSU

 The following communication, dated 7 May 200 8, from the delegation of Turkey and the
delegation of the United States to the Chairman of th e Dispute Settlement Body, is circulated at the
request of these delegations.

 Turkey and the United States would like to inform the Dispute Settlement Body of the
attached "Agreement between Turkey and the United States Regarding Procedures under Articles 21
and 22 of the Dispute Settlement Understanding" with respect to the dispute (WT/DS334).

 We request that you circulate the attached agreement to the Members of the Dispute
Settlement Body.

H.E. Mr. Bozkurt Aran
Ambassador
Permanent Mission of Turkey
to the

H.E. Mr. Peter F. Allgeier
Ambassador
Permanent Mission of the United States
to the

Agreement between Turkey and the United States

Regarding Procedures under Articles 21 and 22
of the Dispute Settlement Understanding

 On 22 October 2007, the Dispute Settlement Body (DSB) adopted its recommendations and
rulings in the dispute (WT/DS334). On
9 April 2008, Turkey and the United States (colle ctively, the "Parties") informed the DSB that,
pursuant to Article 21.3(b) of the Understanding on Rules and Procedures Governing the Settlement
of Disputes ("DSU"), they had agreed that the re asonable period of time for Turkey's implementation
of the DSB's recommendations and rulings would be 6 months, expiring on 22 April 2008. This
notification was circulated to WTO Members on 11 April 2008 ().

 The reasonable period of time expired on 22 April 2008. Therefore, the Parties have agreed
on the following procedures for purposes of this dispute:

1. If the United States deems it appropriate to invoke Article 21.5 of the DSU, the United States
will request that Turkey enter into consultations with the United States. The Parties agree to
hold such consultations within 15 days from the date of receipt of the request.

2. After the 15-day period referenced in paragr aph 1 has elapsed, the United States may request
the establishment of a panel pursuant to DSU Ar ticle 21.5 (the "compliance panel") at any
time.

3. At the first DSB meeting at which the US re quest for the establishment of a compliance panel
appears as an item on the agenda, Turkey will accept the establishment of that panel.

4. The Parties will cooperate to enable the co mpliance panel to circulate its report within
90 days of such panel's composition, excluding such time as the compliance panel's work may
be suspended pursuant to Article 12.12 of the DSU.

5. In case of an appeal of the compliance panel report, the Parties will cooperate to enable the
Appellate Body to circulate its report within 90 days from the date of notification of the
appeal to the DSB.

6. The United States may request authorization to suspend concessions or other obligations
pursuant to DSU Article 22.2 simultaneously w ith or at any time after a request for the
establishment of the compliance panel pursuant to paragraph 2. Turkey will not assert that
the United States is precluded from obtaining such DSB authorization because its request was
made outside the time period specified in Article 22.6 of the DSU.

7. If the United States requests authorization to suspend concessions or other obligations
pursuant to Article 22.2 of the DSU, in accord ance with Article 22.6 of the DSU, Turkey will
object to the level of suspension of concessions or other obligations and/or claim that the
principles and procedures set forth in DSU Article 22.3 have not been followed.

8. If the matter has been referred to Article 22.6 arbitration prior to adoption by the DSB of its
recommendations and rulings in the Article 21.5 proceeding, the Parties will request that the
Article 22.6 arbitrator suspend its work.

9. In the event that the DSB rules that a measure taken to comply does not exist or is
inconsistent with a covered agre ement, either party may request the Article 22.6 arbitrator to

resume its work. The Parties will cooperate to enable the arbitrator to circulate its report
within 60 days of the resumption of its work.

10. In the event that the DSB rules that Turk ey has taken a measure to comply with the
recommendations and rulings of the DSB and each such measure is not inconsistent with the
covered agreements, the United States will wit hdraw its request under Article 22.2 of the
DSU, thereby terminating the arbitration procedure.

11. The Parties will cooperate to facilitate the pa rticipation of the orig inal panelists in the
Article 21.5 proceeding and the Article 22.6 arbitration.

12. If any of the original panelists is not availa ble for either the Article 21.5 proceeding or the
Article 22.6 arbitration, or both, the Parties will promptly consult on a replacement panelist,
and either Party may request the Director-General of the WTO to appoint, as soon as possible,
a replacement for the proceeding or proceedings in which such a replacement is required. For
any such request where an original panelist is unavailable to participate in the Article 21.5
proceeding and the Article 22.6 arbitration, the Parties will request that in selecting a panelist
for the compliance panel, the Director-General seek a person who will also be available to act
in the Article 22.6 arbitration.

13. The Parties will cooperate in all matters rela ted to these agreed procedures and will not raise
any procedural objection to any of the steps set out herein. If, during the application of these
procedures, the Parties consider that a procedural aspect has not been properly addressed, they
will endeavor to find a solution within the shortest time possible that will not affect the other
agreed procedures.

14. These agreed procedures in no way prejudice other rights of either party to take any action or
procedural step to protect its rights and interests, including recourse to the DSU.

 Agreed in Geneva on 7 May 2008.

H.E. Mr. Bozkurt Aran
Ambassador
Permanent Mission of Turkey
to the World Trade Organization

H.E. Mr. Peter F. Allgeier
Ambassador
Permanent Mission of the United States
to the World Trade Organization