Proposed guidelines for Submission of Questions
and Answers under Articles 25.8 and 25.9

2020 OCTOBER MEETING OF THE SUBSIDIES COMMITTEE

Proposal from the United States

Revision

The following communication, dated 26 October 2020, is being circulated at the request of the Delegation of the United States.

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Revised text:

1.     Pursuant to Article 25.8 of the Subsidies Agreement: "Any Member may, at any time, make a written request for information on the nature and extent of any subsidy granted or maintained by another Member (including any subsidy referred to in Part IV), or for an explanation of the reasons for which a specific measure has been considered as not subject to the requirement of notification".

2.     Under Article 25.9 of the Subsidies Agreement, Members who have received a request under Article 25.8 "shall provide such information as quickly as possible and in a comprehensive manner, and shall be ready, upon request, to provide additional information to the requesting Member. In particular, they shall provide sufficient details to enable the other Member to assess their compliance with the terms of this Agreement" (emphasis added).

3.     The submission of requests for information under Article 25.8 and the submission of answers under Article 25.9 should be on the basis of a written procedure, i.e., on the basis of written questions and written answers. Members who receive a written request under Article 25.8 shall provide written answers as quickly as possible, i.e., Members should, to the extent possible, and taking into account the time necessary to consult sub-central governments, provide answers within 60 days after the receipt of the request. All requests shall be answered in a comprehensive manner. After a Member submits written answers, the Member shall be ready, upon written request, to provide additional written information to the requesting Member. In answering a written request of a Member under Article 25.8, the requested Member shall provide sufficient details in writing to enable the other Member to assess their compliance with the terms of the Subsidies Agreement. Written replies to follow up questions should, to the extent possible, be answered within 30 days.

4.     All requests under Article 25.8 to which written responses have not been provided will remain on the agenda of the Committee on Subsidies and Countervailing Measures until such time that the Members so requested have answered, as described under Article 25.9 and these procedures.