CHINA – MEASURES RELATED TO THE EXPORTATION OF VARIOUS RAW MATERIALS UNDERSTANDING BETWEEN CHINA  AND MEXICO REGARDING PROCEDURES UNDER ARTICLES 21 AND 22 OF THE DSU
Document: Agreed Procedures
Date: 23 January 2013
Document codes: WT/DS398/18
Complainant: Mexico
Respondent: China
Third parties: Argentina, Brazil, Canada, Chile, Colombia, Ecuador, EU, India, Japan, South Korea, Norway, Taiwan, Turkey, Saudi Arabia, U.S.
Dispute stage: Appellate Body
Agreements cited: Art. VIII:1, VIII:4, X:1, X:3, XI:1  GATT 1994Part I, para. 1.2, Part I, para. 5.1, Part I, para. 5.2, , Part I, para. 8.2  Protocol of Accession

CHINA – MEASURES RELATED TO THE EXPORTATION
OF VARIOUS RAW MATERIALS
UNDERSTANDING BETWEEN CHINA AND MEXICO
REGARDING PROCEDURES UNDER ARTICLES 21 AND 22 OF THE DSU
 The following communication, dated 17 January 2013, from the delegation of China and the
delegation of Mexico to the Chairperson of the Dispute Settlement Body, is circulated at the
request of these delegations.

 Mexico and the People's Republic of China wo uld like to inform the Dispute Settlement Body
of the attached "Agreed Procedures under Articles 21 and 22 of the Dispute Settlement
Understanding" between Mexico and the People's Republic of China with respect to the dispute
China – Measures Related to the Exportation of Various Raw Materials" (WT/DS398).

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

Agreed Procedures under Articles 21 and 22 of the Dispute Settlement Understanding
China – Measures Related to the Exportation of Various Raw Materials (WT/DS398)
The Dispute Settlement Body ("DSB") adopted its recommendations and rulings in the
dispute China – Measures Related to the Exportation of Various Raw Materials (WT/DS398) on 22
February 2012.
Pursuant to Article 21.3(b) of the Understa nding on Rules and Procedures Governing the
Settlement of Disputes ("DSU"), Mexico and the Pe ople’s Republic of China ("China") agreed that
the reasonable period of time in which China would have to implement the recommendations and
rulings of the DSB in this dispute would be ten months and nine days, expiring on
31 December 2012 ().
The Parties have agreed on the following procedures for the exclusive purposes of this
dispute. They are designed to facilitate the re solution of the dispute and reduce the scope for
procedural disputes and are without prejudice to either Party’s views on the correct interpretation
of the DSU:
1. Should Mexico consider that the situation de scribed in Article 21.5 of the DSU exists, Mexico
will request that China enter into consultations with Mexico. The Parties agree to hold such
consultations within 15 days from the date of receipt of the request. After this 15-day
period has elapsed, Mexico may request the establishment of a panel pursuant to DSU
Article 21.5 of the DSU at any time.
2. At the first DSB meeting at which Mexico’s request for the establishment of an Article 21.5
panel appears on the agenda, China shall accept the establishment of that panel.
3. The Parties shall cooperate to enable the Article 21.5 panel to circulate its report within 90
days of the panel’s establishment, excluding such time during which the panel's work may
be suspended pursuant to Article 12.12 of the DSU.
4. Either Party may request the DSB to adopt the report of the Article 21.5 panel at a DSB
meeting held at least 20 days after the circulation of the report to the Members unless either
Party appeals the report.
5. In the event of an appeal of the Article 21.5 panel report, the Parties shall cooperate to
enable the Appellate Body to circulate its report to the Members within 90 days from the
date of notification of the appeal to the DSB. Further, either Party may request the DSB to
adopt the reports of the Appellate Body and of the Article 21.5 panel (as modified by the
Appellate Body report) at a DSB meeting held within 30 days of the circulation of the
Appellate Body report to the Members.
6. In the event that the DSB following a proceeding under Article 21.5 of the DSU rules that a
measure taken to comply does not exist or is inconsistent with a covered agreement, Mexico
may request authorization to suspend concessions or other obligations pursuant to Article 22
of the DSU. China shall not assert that Mexico is precluded from obtaining such DSB
authorization on the grounds that the request was made outside the 30-day time-period
specified in Article 22.6 of the DSU. This is without prejudice to China’s right to have the
matter referred to arbitration in accordance with Article 22.6 of the DSU.
7. If Mexico requests authorization to suspend concessions or other obligations pursuant to
Article 22.2 of the DSU, China shall have the right to object under Article 22.6 of the DSU to
the level of suspension of concessions or other obligations and/or claim that the principles
and procedures set forth in Article 22.3 of the DSU have not been followed, and the matter
will be referred to arbitration pursuant to Article 22.6 of the DSU.
8. The Parties will cooperate to enable the arbitrator under Article 22.6 of the DSU to circulate
its decision within 60 days of the referral to arbitration.

9. If any of the original panelists is not availa ble for either the Article 21.5 compliance panel or
the Article 22.6 arbitration (or both), the Parties will promptly consult on a replacement, and
either Party may request the Director-General of the WTO to appoint, within ten days of
being so requested, a replacement for the proceeding or proceedings in which a replacement
is required. If an original panelist is unavailable to serve in either of the proceedings, the
Parties will further request that, in making this appointment, the Director-General seek a
person who will be available to act in both proceedings.
10. The Parties will continue to cooperate in all matters related to these agreed procedures and
agree not to 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 in these procedures, they will endeavor to find a solution within the
shortest time possible that will not affect the other aspects and steps agreed herein.
11. 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.

Signed in Geneva, 17 January 2013.

For the People’s Republic of China For Mexico

(Signed)
H.E. Mr. Yi Xiaozhun
Ambassador

(Signed)
H.E. Mr. Fernando de Mateo y Venturini
Ambassador