# **<u>Table 5: Global Safeguards and Bilateral Agreements</u>**

||**BILATERAL SAF**|**EGUARD P**|**ROVISIONS**|||**WTO SAFEGUARD PROVISIONS**|
|---|---|---|---|---|---|---|
|**Agreement**|**Period**<br>|**Sectors**|**Investigation**|**Compensatio**|**n Includes**|**CONTENT**|
|**Canada**|**Yes -** **Temporary***|**G-Tx**|**Yes**|**Yes**|**Yes**|**Any Party that applies an emergency measure in agreement with Article XIX of GATT 1994 and the**<br>**WTO Safeguards Agreement will exclude imported goods from the other Party from the measure, unless:**<br>**(a) imports from the other Party represent a substantial share in total imports; and**<br>**(b) imports from the other Party will significantly contribute to the serious damage or damage threat caused**<br>**by such imports.**|
|**México**|**Yes -** **Temporary ***|**G**|**Yes**|**Yes**|**Yes**|**Idem Canada, except that the measures applied to such goods will** **solely and exclusively consist of tariff**<br>**Measures and the rise of the tariff rate for the original good, at a level that does not exceed the lowest of:**<br>**a) the most-favored-nation customs tariff applied when the measure is adopted; and**<br>**b) the most-favored-nation customs tariff applied the day before the effective date of the Treaty.**|
|**Mercosur**|**Yes -** **Permanent**|**G**|**Yes**|**Yes**|**No**||
|**Peru**|**Yes -** **Temporary ***|**G**|**Yes**|**No**|**Yes**|**The best treatment granted by the parties**|
|||||||**The Parties maintain their rights and obligations in virtue of Article XIX of GATT and the Safeguards**<br>**Agreement that is part of the Agreement about WTO.**|
|**Korea**|**Yes**|**N/S**|**N/S**|**N/S**|**Yes**|**The actions undertaken in agreement with Article XIX of GATT and** **the Safeguards Agreement are not**<br>**subject to Chapter 19 of the present Treaty.**|
|**USA**|**Yes -** **Temporary**<br>|**G -** **Ag (a) -** **T**|**x**<br>**Yes**|**Yes**|**Yes**|**The Parties will not impose a safeguard measure to a good that is subject to a measure that the Party has**<br>**imposed in virtue of Article XIX of GATT 1994 and the Safeguards** **Agreement. Neither will a Party be able to**<br>**maintain a safeguard measure on a good that might be subject to a safeguard that the Party impose in virtue**<br>**of Article XIX of GATT 1994 and the Safeguards Agreement.**|
|**EU**|**Yes**|**Ag (a)**|**No**|**Yes**|**Yes**|**The suspension right referred to in paragraph 2 of Article 8 of the WTO Safeguards Agreement**<br>**will not be exercised between the Parties during the first 18 months in force of a safeguard measure**<br>**On condition that the measure has been adopted as the result of a rise in imports in absolute terms**<br>**And that such measure is in compliance with the provisions of the WTO Safeguards Agreement.**|

**<u>Source</u> : DIRECON, Ministry of Foreign Affairs, www.direcon.cl.**

**Yes: It means that the bilateral Treaty contemplates a bilateral safeguard and/or has provisions for the application of WTO safeguards, including individualized elements, such as investigation requirements and compensation.**

**Bilateral safeguards can be G: General, they can be requested for any economic activity.**

**In the agreements signed by Chile, there are sector safeguards, normally for the agriculture and/or the textile and clothing sector. In some cases the former are automatic. N/S: not specified in the agreement**

**(*): At the end of the transition period, an emergency bilateral measure can be adopted to face cases of serious damage or damage threat to a national industry.**

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