COLOMBIA – MEASURES RELATING TO THE IMPORTATION OF TEXTILES, APPAREL AND FOOTWEAR COMMUNICATION FROM COLOMBIA
Document: COMMUNICATION FROM
Date: 3 March 2017
Document codes: WT/DS461/20
Complainant: Panama
Respondent: Colombia
Third parties: Ecuador, El Salvador, EU, China, Guatemala, Honduras, U.S., Philippines
Dispute stage: Implementation & Compliance
Agreements cited: Art. II:1(b), II:1(a), VIII:1, X:3(a)  GATT 1994

COLOMBIA – MEASURES RELATING TO THE IMPORTATION
OF TEXTILES, APPAREL AND FOOTWEAR
COMMUNICATION FROM COLOMBIA
The following communication, dated 2 7 February 2017, from the delegation of Colombia to the
Chairperson of the Dispute Settlement Body, is circulated at the request of that delegation.

With reference to the proposal made to Panama, upon instruction from my authorities , on
22 February of this year regarding the possibility of negotiating and concluding a sequencing
agreement in the dispute Colombia – Measures Relating to the Importation of Textiles, Apparel and
Footwear (DS461), my capital has instructed me to ask that th e proposal be circulated to all
WTO Members under the symbol for this dispute, DS461.
We take this opportunity to reiterate our willingness to find a logical solution to this issue . At the
same time, we would like to thank you for your management of this dispute.

Agreed Procedures under Articles 21 and 22 of the
Dispute Settlement Understanding (DSU)

Colombia – Measures Relating to the Importation
of Textiles, Apparel and Footwear (WT/DS461)

The Dispute Settlement Body (DSB) adopted its recommendations and rulings in the dispute
Colombia – Measures Relating to the Importatio n of Textiles, Apparel and Footwear (WT/DS461)
on 22 June 2016.

Panama and Colombia (collectively, "the Parties") have agreed on the following procedures for the
exclusive purposes of this dispute. They are designed to facilitate the resolution 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. Panama shall inform the DSB through its Chair of its intention to immediately suspend
its request to the DSB () for authorization to suspend the application to
Colombia of concessions or other obligations.
2. Pursuant to the suspension of Panama's request for authorization to suspend
concessions and other obligations, Colombia shall ask the arbitrator to suspend the
proceeding under Article 22.6 of the DSU . Moreover, as long as Panama's request for
authorization to suspend concession s or other obligations remains suspend ed,
Colombia shall refrain from requesting the establishment of a panel under Article 21.5
of the DSU (WT/DS461/17) for a second time.
3. Once the procedures described in points 1 and 2 above have been suspended, Panama
shall request consultations with Colombia under Article 21.5 of the DSU . The Parties
agree to hold such consultations within 30 days from the date of rec eipt of the
request. After this 30 -day period has elapsed, Panama may at any time request the
establishment of a panel under Article 21.5 of the DSU.
4. 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.
5. 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.
6. In the event of an appeal of the Article 21.5 panel report, the proceedings described in
points 1 and 2 above shall remain suspended and 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 modifie d by
the Appellate Body report) at a DSB meeting held within 30 days of the circulation of
the Appellate Body report to the Members.
7. In the event that the DSB, following a panel or Appellate Body proceeding under
Article 21.5 of the DSU, rules that a measu re taken to comply does not exist or is
inconsistent with a covered agreement, Panama may reactivate its request for
authorization to suspend concessions or other obligations pursuant to Article 22 .2 of
the DSU . C olombia shall not assert that Panama is pr ecluded from obtaining such
DSB authorization on the grounds that the request w as made outside the 30 -day
time-period specified in Article 22.6 of the DSU . T his is without prejudice to
Colombia's right to have the matter referred to arbitration by objecting in accordance
with Article 22.6 of the DSU.
8. If Panama asks to reactivate its request for authorization to suspend concessions or
other obligations pursuant to Article 22.2 of the DSU, Colombia shall have the right to

request the reactivation of the arbitr ation under Article 22.6 of the DSU concerning
the level of suspension of concessions or other obligations and/or the fact that the
principles and procedures set forth in Article 22.3 of the DSU have not been followed .
initiated at Colombia's request (see document WT/DS461/18).
9. The Parties sha ll cooperate to enable the arbitrator under Article 22.6 of the DSU to
circulate its decision within 60 days of the re-initiation of the arbitration.
10. If any of the original panelists is not available for either the Art icle 21.5 compliance
panel or the Article 22.6 arbitration (or both), the Parties shall 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 o f the proceedings, the Parties shall further request that, in making
this appointment, the Director -General seek a person who will be available to act in
both proceedings.
11. The Parties shall continue to cooperate in all matters related to these agreed
procedures. If, during the application of these procedures, the Parties consider that a
procedural aspect has not been properly addressed i n these procedures, they shall
endeavour to find a solution within the shortest time possible that will not affect the
other aspects and steps agreed herein . Similarly, if one of the Parties fails to comply
with any of the commitments set forth herein, the other Party sha ll be under no
obligation to comply with its commitments under this Agreement.
12. These agreed procedures in no way prejudice other rights of either Party to take any
action or procedural step to protect its rights and interes ts, including rec ourse to
the DSU.