NOTIFICATION OF LAWS AND REGULATIONS UNDER
ARTICLES 18.5, 32.6 and
12.6 OF THE AGREEMENTS
Qatar
The following communication,
dated 12 March 2015, is being circulated at the request of the Delegation of Qatar.
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The State
of Qatar hereby notifies the Committee on Anti-Dumping Practices, the Committee
on Subsidies and Countervailing Measures and the Committee on Safeguards, in
accordance with Article 18.5 of the Agreement on the Implementation of Article
VI of the GATT 1994, Article 32.6 of the Agreement on Subsidies and
Countervailing Measures and Article 12.6 of the Agreement on Safeguards
respectively, of the English Translation of the Gulf Cooperation Council ("GCC")
Amended Common Law on Anti-Dumping, Countervailing and Safeguard Measures (the "Law").
The GCC Law is authentic only in Arabic. The attached English translation of
the GCC Law is only for the reference of WTO Members.
The
Rules of Implementation of the GCC Amended Common Law on Anti-Dumping,
Countervailing and Safeguard Measures are being translated into English and
will be notified to the Committee on Anti-Dumping Practices, the Committee on
Subsidies and Countervailing Measures and the Committee on Safeguards after
translation.
Unofficial Translation
Amended
GCC Common Law
on Anti-Dumping, Countervailing and Safeguard Measures
2011-1432
Article 1
Objective
The objective of the Law is to
empower Member States to take measures against Dumping, Subsidy and Increase of
imports which cause injury to any GCC industries.
Article 2
Scope
This Law applies to injurious
practices in international trade from non-Member States toward Member States.
Article 3
Definitions:
For the purpose of the Law, the
expressions indicated below have the following meanings. Unless otherwise specified:
- GCC:
Cooperation Council for the Arab States of the Gulf.
- Member States:
GCC Member States.
- Ministerial Committee (MC):
GCC Industrial Cooperation Committee which consist of Industrial Ministers of
Member States.
- The Financial and Economic
Cooperation Committee (FECC): GCC Finance and Economic Committee
which consists of Member
States' Ministers of
Finance and Economy.
- Permanent Committee (PC):
Committee on Anti-Injurious Practices in International Trade of Member States.
- Bureau of the Technical
Secretariat: GCC Technical Secretariat Bureau for Anti‑Injurious
Practices in International Trade.
- Judicial Commission:
The Judicial Commission that is established according to the Economic Agreement
of the Member States.
- The Law: GCC
Common Law on Anti-Dumping, Countervailing and safeguard measures.
- Rules of Implementation:
The rules issued to implement the provisions of the GCC Common Law.
- Internal Rules:
The rules of the Permanent Committee's work modalities and its decision making
process.
- Official Gazette:
The Gazette issued by the Bureau of the Technical Secretariat.
- Injurious practices in
international trade: Dumping, subsidy and increase in imports.
- Dumping:
Exporting a product to Member States at less than its normal value in the
ordinary course of trade for the like product in the exporting country.
- Subsidy: A
financial contribution or any form of income or price support in the sense of Article XVI
of GATT 1994, provided by the government of the country of origin or a public
body within the territory of this country that confer a benefit to the
beneficiary.
- Measures:
Anti-dumping, Countervailing and Safeguard measures.
- Anti-dumping measures:
Measures against dumping according to this Law and its Rules of Implementation.
- Countervailing measures:
Measures against specific subsidy, according to this Law and its Rules of
Implementation.
- Safeguard measures:
Measures against increase of imports according to this Law and its Rules of
Implementation.
- Definitive measures:
Measures adopted by the Ministerial Committee at the end of an investigation,
where definitive affirmative determinations have been made according to this
Law and its Rules of Implementation.
- Provisional measures:
Temporary measures adopted by the Permanent Committee, during the investigation
where preliminary affirmative determinations have been made according to this
Law and its Rules of Implementation.
- Complaint: A
written application submitted according to the form prepared for this purpose.
- GCC Industry:
Member States' producers as a whole of the like products or those of them whose
collective output of the products constitutes a major proportion of the total
domestic production of those products. For the purpose of safeguard
investigations, the term GCC industry shall mean total Member States producers
as a whole of the like or directly competitive products operating within the territory of Member states, or those whose collective
output of the like or directly competitive products constitutes a major
proportion of the total domestic production of those products.
- Interested parties:
Exporter or foreign producer, importer of the product under investigation,
producers whose industrial inputs include the product under investigation,
governmental or private organizations which represent or protect consumers,
governments of the exporting country or any other national or foreign parties
shown to have an interest in the products under investigation.
- GCC Market:
overall markets of the GCC Member States.
Article 4
Complaint and Investigation Procedures
A complaint against injurious
practices in international trade shall be submitted, accepted, examined, and an
investigation shall be initiated, conducted, reviewed or terminated, as well as
measures shall be imposed in accordance with this Law and its Rules of
Implementation.
Article 5
Measures
Measures might be taken in the
following cases:
1. If it is
determined that imports of the products under investigation into the Member
States are dumped or benefited from a specific subsidy and caused material
injury or threaten to cause material injury to an established GCC Industry or
materially retard the establishment of a GCC industry, and there is a causal
link.
2. If it is determined
that products under investigation are being imported into the Member States in
such increased quantities, absolute or relative to the GCC production, and
under such conditions as to cause or threaten to cause material injury to the
GCC industry that produced like or directly competitive products, and there is
a casual link.
Article 6
Forms of Measures
Measures
may take the following forms:
1. Definitive
anti-dumping and countervailing measures may take the form of customs duties or
price undertakings not greater than the dumping margin or the amount of subsidy
that is finally determined.
2. Provisional
anti-dumping and countervailing measures may take the form of customs duties,
price undertakings or security by cash deposit or bond not greater than the
provisionally estimated margin of dumping or the amounts of subsidy.
3. Definitive
safeguards measures against increase of imports may take the form of either a
quantitative restriction, tariff increase, or any other form, which is
consistent with the WTO agreements.
4. Provisional
safeguards measures should take the form of tariff increases.
Article 7
Implementation of the Law and Its Rules of Implementation
The Ministerial Committee, the
Permanent Committee and the Bureau of the Technical Secretariat are within
their sphere of competence, responsible for implementing this Law and its Rules
of Implementation.
Article 8
Competences of the Ministerial Committee
The
Ministerial Committee is competent to take decisions in the following matters:
1. Approving
the imposition of definitive measures against dumping, specific subsidy and
increase in imports, extending, suspending, terminating, and increasing or
reducing definitive anti-dumping and countervailing measures.
2. Settling disputes that
may arise between Member States regarding the interpretation and implementation
of this Law.
3. Issuing the Rules
of Implementation of this Law.
4. Deciding on the
administrative reviews pertaining to the definitive decisions and
determinations made in implementing this Law and its Rules of Implementation.
5. Adopting the Internal
Regulation of the Bureau of the Technical
Secretariat.
6. Appointing the
Director General of the Bureau of the Technical Secretariat.
7. Any other
competence attributed by this Law and its Rules of Implementation.
Article 9
Permanent Committee
1. Composition
of the Permanent Committee
The Permanent Committee is
composed of undersecretaries of concerned ministries of Member States
or whomever in their status. The presidency of the Permanent Committee is
rotated between Member States in conformity with GCC presidency policy.
2. Competences
of the Permanent Committee
The Permanent Committee is
competent in the following matters:
a. Taking measures stated in this Law and its Rules of Implementation,
including imposing provisional measures and accepting price undertakings.
b. Proposing to the Ministerial Committee the imposition of definitive
anti- dumping measures, definitive countervailing measures and definitive safeguard
measures against increased imports.
c. Setting up committees and establishing specialized administrative
units of the Bureau of the Technical Secretariat.
d. Adopting the Technical Secretariat's work strategies in compliance
with its predetermined competences.
e. Proposing appropriate solutions to the Ministerial Committee for
settlements of disputes that may arise between Member States regarding the
interpretation and implementation of this Law and its Rules of Implementation.
f. Proposing amendments to this Law and its Rules of Implementation.
g. Proposing amendments to the Internal Regulation of the Bureau of
Technical Secretariat.
h. Approving and amending its Internal Rules.
i.
Approving the
proposed budget of the Bureau of Technical Secretariat before its adoption in
compliance with the regulatory proceedings.
j. Adopting financial, administrative and other regulations of the
Bureau of the Technical Secretariat.
k. Nominating the Director General of the Bureau of the Technical
Secretariat.
l.
Any other
competence attributed by the Ministerial Committee.
Article 10
Bureau of the Technical Secretariat
1. Based on this Law,
a Bureau of the Technical Secretariat for Anti-injurious Practices in
International Trade shall be set up under the umbrella of the General
Secretariat of GCC. The Bureau of the Technical Secretariat shall have
financial and administrative autonomy by means of a budget annexed to GCC
General Secretariat's budget, and it is directed by a Director General.
2. Competences of the
Bureau of the Technical Secretariat:
a.
Organizing the
Permanent Committee activities and preparing for its meetings and agenda, as
well as drafting its decisions and carrying out any other function that will be
assigned to perform and it has to that effect to request information, studies,
statistics and reports that may be useful for the work of the Permanent
Committee.
b. Following up the implementation of the Ministerial and Permanent
Committee decisions.
c. Providing consultancy and technical support to GCC producers and
exporters who are facing dumping, subsidy and safeguards investigations in
other countries and following the investigations' process in coordination with
the concerned authorities of Member States.
d. Participating in the activities of related organizations and
international forums.
e. Providing quarterly reports to the Permanent Committee containing
information and statistics regarding the activities of the Bureau of
the Technical Secretariat and all registered and examined investigations as
well as their time frame and deadlines.
f. Receiving the complaints against injurious practices in
international trade and related requirements.
g. Conducting investigations against injurious practices in
international trade and all related reviews in accordance with this Law and its
Rules of Implementations.
h. Preparing the annual budget project of the Bureau of the Technical
Secretariat and executing it upon its approval.
i.
Working on developing
knowledge and raising Member States' awareness on the concepts of dumping,
subsidy and increase in imports.
j. Any other duties or activities assigned to the Bureau of the
Technical Secretariat by the Ministerial Committee and Permanent Committee.
Article 11
Administrative and Judicial Review
1. Any interested
party who participated in the investigation and is directly and individually
affected by final determinations taken in application of this Law and its Rules
of Implementation shall before resorting to the judicial review, lodge an
administrative review with the Ministerial Committee within thirty (30) days from
the date of publication of such determinations in the Official Gazette. The
Ministerial Committee shall decide on this review within sixty (60) days from
the date of its submission, otherwise it will be considered rejected.
2. The complaining
party whose administrative review was rejected can appeal before the Judicial
Commission within thirty (30) days from the date of his notification by any
means of notification.
Article 12
Confidentiality of Information
Everyone and every competent
investigation and decision making authorities pursuant to this Law and its
Rules of Implementation shall keep confidential any information submitted to
them on a confidential basis or which is by nature confidential. The
above-mentioned persons and authorities are not allowed to disclose such
information without prior written permission from the party who submitted or
disclosed this information to the GCC Judicial Commission.
Article 13
Penalties
Without prejudice to any other
repressive penalty stipulated in any other law, the violation of the rule
provided for in Article 12 shall be subject to a monetary fine not exceeding
500.000 Saudi Riyals or its equivalent in the currencies of Member
States.
Article 14
Interpretation and Amendment of the Law
The Financial and Economic
Cooperation Committee should explain and amend this Law in coordination with
the Ministerial Committee.
Article 15
Entry into Force
This
Law shall enter into force on 1 January 2004. Member States must publish it in
the Official Gazette.
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