UNITED STATES – IMPORT PROHIBITION OF

CERTAIN SHRIMP AND SHRIMP PRODUCTS

Status Report by the United States

            The following communication, dated 15 July 1999, from the Permanent Mission of the United States to the Chairman of the Dispute Settlement Body, is circulated pursuant to Article 21.6 of the DSU.

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Status Report Regarding Implementation of the Recommendations and Rulings

in the Dispute Regarding

United States - Import Prohibition of Certain Shrimp and Shrimp Products

Panel Report (WT/DS58/R) and Appellate Body Report (WT/DS58/AB/R)

            On 25 November 1998, the United States informed the Dispute Settlement Body (DSB) of its intention to implement the recommendations and rulings of the DSB in connection with this matter and to do so in a manner which is consistent with the U.S. firm commitment to the protection of endangered species, including sea turtles.  At that time, the United States also advised the DSB that a "reasonable period of time" would be required to complete this process.  On 21 January 1999, the United States and the other parties to the dispute reached agreement on 13 months as a reasonable period for implementation. Therefore, as provided for in Article 21.6 of the Understanding on Rules and Procedures Governing the Settlement of Disputes, this first report on the status of U.S. implementation is being presented.

            The U.S. implementation of the recommendations and rulings of the DSB in this matter has several distinct elements and has and will continue to include opportunities for input from the other parties to the dispute.  One key element of the U.S. implementation has been a revision by the United States Department of State of its guidelines implementing the Shrimp/Turtle law.  As part of this revision process, on 25 March 1999 the State Department published proposed changes to these guidelines for comment from any interested party.  After reviewing the comments received, the State Department made a number of adjustments to its proposal and issued final revised guidelines on 8 July 1999.  The revised guidelines, in accordance with the recommendations and rulings of the DSB, are intended to:  (1) introduce greater flexibility in considering the comparability of foreign programs and the U.S. program and (2) elaborate a timetable and procedures for certification decisions, including an expedited timetable to apply in 1999 only.  These latter changes are designed to increase the transparency and predictability of the certification process and to afford foreign governments seeking certification a greater degree of due process.