India – measures concerning the importation
of certain agricultural products
RECOURSE TO ARTICLE 22.6 OF THE DSU BY INDIA
The following
communication, dated 18 July 2016, from the delegation of India to the Chairperson of the
Dispute Settlement Body, is circulated pursuant to Article 22.6 of the DSU.
_______________
Regarding the
United States' recourse to Article 22.2 of the Understanding on Rules and
Procedures Governing the Settlement of Disputes ("DSU") in the
dispute India – Measures Concerning the Importation of Certain Agricultural
Products (DS430), my authorities have instructed me to manifest that India has
brought the measures at issue into conformity and that, therefore, the request
for suspension of concessions has no legal basis. If there is a disagreement
between the United States and India on this matter, the proper course of action
is first to have recourse to Article 21.5 of the DSU. This has been the
consistent practice of WTO Members. Members have signed sequencing agreements
to ensure that this proper order be respected.
India wishes to
draw the DSB attention to the recent statement of the United States itself that
"the DSB cannot grant authorization to suspend concessions in any amount
where the Member concerned has come into compliance".[1]
India agrees with this statement. Before the DSB can grant authorization, in
case of disagreement as to whether there has been compliance, the fact of non‑compliance
must first be established in accordance with the procedures of Article 21.5 of
the DSU.
In any event, India
objects to the level of suspension of concessions or other obligations under
the General Agreement on Tariffs and Trade 1994 proposed by the United States
in document WT/DS430/16. Should the DSB,
following a proceeding under Article 21.5 of the DSU, rule that the measures
taken to comply do not exist or are inconsistent with a covered agreement, then
the Article 22.6 arbitrator may resume its work.
Accordingly, as
required by Article 22.6 of the DSU[2]
the matter shall be referred to arbitration.
__________
[2] Pursuant to Article 22.6 of the DSU, "if the Member concerned
objects to the level of suspension proposed, or claims that the principles and
procedures set forth in paragraph 3 have not been followed where a complaining
party has requested authorization to suspend concessions or other obligations
pursuant to paragraph 3(b) or (c), the matter shall be referred to
arbitration."