Common use of Bilateral Safeguard Measures Clause in Contracts

Bilateral Safeguard Measures. 1. Subject to the provisions of this Article, if an originating good of the other Country, as a result of the elimination or reduction of a customs duty in accordance with Article 19, is being imported into the territory of a Country in such increased quantities, in absolute terms or relative to domestic production, and under such conditions that the imports of that originating good constitute a substantial cause of serious injury, or threat thereof, to a domestic industry of the latter Country, the latter Country may, as a bilateral safeguard measure, to the minimum extent necessary to prevent or remedy the serious injury and to facilitate adjustment: (a) suspend the further reduction of any rate of customs duty on the originating good provided for in this Chapter; or (b) increase the rate of customs duty on the originating good to a level not to exceed the lesser of: (i) the most-favoured-nation applied rate of customs duty in effect at the time when the bilateral safeguard measure set out in this paragraph is taken; and (ii) the most-favoured-nation applied rate of customs duty in effect on the day immediately preceding the date of entry into force of this Agreement. 2. Each Country shall not apply bilateral safeguard measures on an originating good imported up to the limit of quota quantities granted under tariff rate quotas applied in accordance with its Schedule in Annex 1. (a) A Country may take a bilateral safeguard measure only after an investigation has been carried out by the competent authorities of that Country in accordance with the same procedures as those provided for in Article 3 and paragraph 2 of Article 4 of the Agreement on Safeguards in Annex 1A to the WTO Agreement, as may be amended (hereinafter referred to in this Chapter as “the Agreement on Safeguards”). (b) The investigation referred to in subparagraph (a) shall in all cases be completed within one year following its date of initiation. 4. The following conditions and limitations shall apply with regard to a bilateral safeguard measure: (a) A Country shall immediately deliver a written notice to the other Country upon: (i) initiating an investigation referred to in subparagraph 3(a) of this Article relating to serious injury, or threat thereof, and the reasons for it; and (ii) taking a decision to apply or extend a bilateral safeguard measure. (b) The Country making the written notice referred to in subparagraph (a) shall provide the other Country with all pertinent information, which shall include: (i) in the written notice referred to in subparagraph (a)(i), the reason for the initiation of the investigation, a precise description of an originating good subject to the investigation and its subheading or a more detailed level of the Harmonized System, the period subject to the investigation and the date of initiation of the investigation; and (ii) in the written notice referred to in subparagraph (a)(ii), evidence of serious injury or threat thereof caused by the increased imports of the originating good, a precise description of the originating good subject to the proposed bilateral safeguard measure and its subheading or a more detailed level of the Harmonized System, a precise description of the bilateral safeguard measure, the proposed date of its introduction and its expected duration. (c) A Country proposing to apply or extend a bilateral safeguard measure shall provide adequate opportunity for prior consultations with the other Country with a view to reviewing the information arising from the investigation referred to in subparagraph 3(a) of this Article, exchanging views on the bilateral safeguard measure and reaching an agreement on compensation set out in paragraph 5 of this Article. (d) No bilateral safeguard measure shall be maintained except to the extent and for such time as may be necessary to prevent or remedy serious injury and to facilitate adjustment, provided that such time shall not exceed a period of four years. However, in very exceptional circumstances, a bilateral safeguard measure may be maintained for up to a total maximum period of five years. In order to facilitate adjustment in a situation where the expected duration of a bilateral safeguard measure is over one year, the Country maintaining the bilateral safeguard measure shall progressively liberalise the bilateral safeguard measure at regular intervals during the period of application. (e) No bilateral safeguard measure shall be applied again to the import of a particular originating good which has been subject to such a bilateral safeguard measure, for a period of time equal to the duration of the previous bilateral safeguard measure or one year, whichever is longer. (f) Upon the termination of a bilateral safeguard measure, the rate of customs duty shall be the rate which would have been in effect but for the bilateral safeguard measure. (a) A Country proposing to apply or extend a bilateral safeguard measure shall provide to the other Country mutually agreed adequate means of trade compensation in the form of concessions of customs duties whose levels are substantially equivalent to the value of the additional customs duties expected to result from the bilateral safeguard measure. (b) If the Countries are unable to agree on the compensation within 30 days after the commencement of the consultation pursuant to subparagraph 4(c) of this Article, the Country against whose originating good the bilateral safeguard measure is taken shall be free to suspend the application of concessions of customs duties under this Agreement, which are substantially equivalent to the bilateral safeguard measure. (c) The right of suspension provided for in subparagraph (b) shall not be exercised for the first 18 months that a bilateral safeguard measure is in effect, provided that the bilateral safeguard measure has been taken as a result of an absolute increase in imports and that such a bilateral safeguard measure conforms to the provisions of this Article. The Country exercising the right of suspension may suspend the application of concessions of customs duties only for the minimum period necessary to achieve the substantially equivalent effects and only while the bilateral safeguard measure is maintained. 6. Nothing in this Chapter shall prevent a Country from applying safeguard measures to an originating good in accordance with: (a) Article XIX of the GATT 1994 and the Agreement on Safeguards; or (b) Article 5 of the Agreement on Agriculture. 7. Each Country shall ensure the consistent, impartial and reasonable administration of its laws and regulations relating to the bilateral safeguard measure. 8. Each Country shall adopt or maintain equitable, timely, transparent and effective procedures relating to bilateral safeguard measure. (a) In critical circumstances, where delay would cause damage which it would be difficult to repair, a Country may take a provisional bilateral safeguard measure, which shall take the form of the measure set out in subparagraph 1(a) or (b) of this Article pursuant to a preliminary determination that there is clear evidence that increased imports of an originating good have caused or are threatening to cause serious injury to a domestic industry. (b) The Country shall deliver a written notice to the other Country prior to applying a provisional bilateral safeguard measure. Consultations between the Countries on the application of the provisional bilateral safeguard measure shall be initiated immediately after the provisional bilateral safeguard measure is taken. (c) The duration of the provisional bilateral safeguard measure shall not exceed 200 days. During that period, the pertinent requirements of paragraph 3 of this Article shall be met. The duration of the provisional bilateral safeguard measure shall be counted as a part of the period referred to in subparagraph 4(d) of this Article. (d) Paragraph 2, subparagraph 4(f) and paragraphs 7 and 8 of this Article shall be applied mutatis mutandis to the provisional bilateral safeguard measure. The customs duty imposed as a result of the provisional bilateral safeguard measure shall be refunded if the subsequent investigation referred to in subparagraph 3(a) of this Article does not determine that increased imports of the originating good have caused or threatened to cause serious injury to a domestic industry. 10. Written notice referred to in subparagraph 4(a) and subparagraph 9(b) of this Article and any other communication between the Countries shall be done in the English language. 11. The Countries shall review the provisions of this Article, if necessary, after 10 years of the date of entry into force of this Agreement.

Bilateral Safeguard Measures. 1. Subject Notwithstanding any provisions of this Chapter but subject to the provisions of this Article, each Party may apply a bilateral safeguard measure, to the extent necessary to prevent or remedy the serious injury to a domestic industry of that Party and to facilitate adjustment, if an originating good of the other CountryParty, as a result of the elimination or reduction of a customs duty in accordance with Article 19, is being imported into the territory of a Country former Party in such increased quantities, in absolute terms or relative to domestic production, and under such conditions that the imports of that originating good constitute a substantial cause of serious injury, or threat thereof, to a the domestic industry of the latter Country, the latter Country former Party. 2. A Party may, as a bilateral safeguard measure, to the minimum extent necessary to prevent or remedy the serious injury and to facilitate adjustment: (a) suspend the further reduction of any rate of customs duty on the originating good provided for in this Chapter; or (b) increase the rate of customs duty on the originating good to a level not to exceed the lesser of: (i) the most-favoured-nation applied rate of customs duty in effect at on the time day when the bilateral safeguard measure set out in this paragraph is taken; and (ii) the most-favoured-nation applied rate of customs duty in effect on the day immediately preceding the date of entry into force of this Agreement. 2. Each Country shall not apply bilateral safeguard measures on an originating good imported up to the limit of quota quantities granted under tariff rate quotas applied in accordance with its Schedule in Annex 1. (a) A Country Party may take apply a bilateral safeguard measure only after an investigation has been carried out by the competent authorities of that Country Party in accordance with the same procedures as those provided for in Article 3 and paragraph 2 subparagraph 2(c) of Article 4 of the Agreement on Safeguards in Annex 1A to the WTO Agreement, as may be amended Agreement (hereinafter referred to in this Chapter as “the Agreement on Safeguards”). (b) The investigation referred to in subparagraph (a) shall in all cases be completed within as early as possible and in no case later than one year following its from the date of initiation. (c) In the investigation referred to in subparagraph (a) to determine whether increased imports of an originating good have caused or are threatening to cause serious injury to a domestic industry under the terms of this Article, the competent authorities of the Party who carry out the investigation shall evaluate all relevant factors of an objective and quantifiable nature having a bearing on the situation of that domestic industry, in particular, the rate and amount of the increase in imports of the originating good in absolute and relative terms, the share of the domestic market taken by the increased imports of the originating good, and the changes in the level of sales, production, productivity, capacity utilisation, profits and losses, and employment. (d) The determination that increased imports of an originating good have caused or are threatening to cause serious injury to a domestic industry shall not be made unless the investigation referred to in subparagraph (a) demonstrates, on the basis of objective evidence, the existence of the causal link between increased imports of the originating good and serious injury or threat thereof. When factors other than the increased imports of the originating good are causing injury to the domestic industry at the same time, such injury shall not be attributed to the increased imports of the originating good. 4. The following conditions and limitations shall apply with regard to a bilateral safeguard measure: (a) A Country Party shall immediately deliver a written notice to the other Country Party upon: (i) initiating an investigation referred to in subparagraph 3(a) of this Article relating to serious injury, or threat thereof, and the reasons for it; and (ii) taking a decision to apply or extend a bilateral safeguard measure. (b) The Country Party making the written notice referred to in subparagraph (a) shall provide the other Country Party with all pertinent information, which shall include: (i) in the written notice referred to in subparagraph (a)(i), the reason for the initiation of the investigation, a precise description of an the originating good subject to the investigation and its subheading or a more detailed level of the Harmonized System, the period subject to the investigation and the date of initiation of the investigation; and (ii) in the written notice referred to in subparagraph (a)(ii), evidence of serious injury or threat thereof caused by the increased imports of the originating good, a precise description of the originating good subject to the proposed bilateral safeguard measure and its subheading or a more detailed level of the Harmonized System, a precise description of the bilateral safeguard measure, and the proposed date of its the introduction and its expected durationduration of the bilateral safeguard measure. (c) A Country Party proposing to apply or extend a bilateral safeguard measure shall provide adequate opportunity for prior consultations with the other Country Party with a view to reviewing the information arising from the investigation referred to in subparagraph 3(a) of this Article), exchanging views on the bilateral safeguard measure and reaching an agreement on compensation set out in paragraph 5 of this Article5. (d) No bilateral safeguard measure shall be maintained except to the extent and for such time as may be necessary to prevent or remedy serious injury and to facilitate adjustment, provided that such time shall not exceed a period of four three years. However, in very highly exceptional circumstances, a bilateral safeguard measure may be maintained for up to a extended, provided that the total maximum period duration of the bilateral safeguard measure, including such extensions, shall not exceed five years. In order to facilitate adjustment in a situation where the expected duration of a bilateral safeguard measure is over one year, the Country Party maintaining the bilateral safeguard measure shall progressively liberalise the bilateral safeguard measure at regular intervals during the period of application. (e) No bilateral safeguard measure shall be applied again to the import of a particular originating good which has been subject to such a bilateral safeguard measure, for a period of time equal to that during which such measure had been previously applied, provided that the duration period of the previous bilateral safeguard measure or non- application is at least one year, whichever is longer. (f) Upon the termination of a bilateral safeguard measure, the rate of customs duty for an originating good subject to the measure shall be the rate which would have been in effect but for the bilateral safeguard measure. (a) A Country Party proposing to apply or extend a bilateral safeguard measure shall provide to the other Country Party mutually agreed adequate means of trade compensation in the form of concessions of customs duties whose levels are value is substantially equivalent to the value that of the additional customs duties expected to result from the bilateral safeguard measure. (b) If the Countries Parties are unable to agree on the compensation within 30 days after the commencement of the consultation consultations pursuant to subparagraph 4(c) of this Article), the Country Party against whose originating good the bilateral safeguard measure is taken applied shall be free to suspend the application of concessions of customs duties under this Agreement, which are substantially equivalent to the bilateral safeguard measure. The Party exercising the right of suspension may suspend the application of concessions only for the minimum period necessary to achieve the substantially equivalent effects and only while the bilateral safeguard measure is maintained. (ci) The right to claim the trade compensation which is agreed on by the Parties under subparagraph (a) and the right of suspension provided for in subparagraph (b) shall not be exercised for the first 18 months two years that a bilateral safeguard measure is in effect, provided that the bilateral safeguard measure has been taken as a result of an absolute increase in imports and that such a bilateral safeguard measure conforms to the provisions of this Article. . (ii) The Country exercising two years period mentioned in subparagraph (i) may be extended by one year, provided that the right of suspension may suspend the application of concessions of customs duties only for the minimum period necessary to achieve the substantially equivalent effects and only while Party applying the bilateral safeguard measure provides to the other Party, evidence that the bilateral safeguard measure continues to be necessary to prevent or remedy serious injury caused by an absolute increase in imports and that the industry concerned is maintainedadjusting. 6. Nothing in this Chapter shall prevent a Country Party from applying safeguard measures to an originating good of the other Party in accordance with: (a) Article XIX of the GATT 1994 and the Agreement on Safeguards; or (b) Article 5 of the Agreement on Agriculture. 7. Each Country Party shall ensure the consistent, impartial and reasonable administration of its laws and regulations relating to the bilateral safeguard measure. 8. Each Country shall adopt or maintain equitable, timely, transparent and effective procedures relating to bilateral safeguard measuremeasures. (a) In critical circumstances, where delay would cause damage which it would be difficult to repair, a Country Party may take a provisional bilateral safeguard measure, which shall take the form of the measure set out in subparagraph 1(a2(a) or (b) of this Article ), pursuant to a preliminary determination that there is clear evidence that increased imports of an originating good of the other Party have caused or are threatening to cause serious injury to a domestic industry. (b) The Country A Party shall deliver a written notice to the other Country Party prior to applying a provisional bilateral safeguard measure. Consultations between the Countries Parties on the application of the provisional bilateral safeguard measure shall be initiated immediately after the provisional bilateral safeguard measure is taken. (c) The duration of the a provisional bilateral safeguard measure shall not exceed 200 days. During that period, the pertinent requirements of paragraph 3 of this Article shall be met. The duration of the provisional bilateral safeguard measure shall be counted as a part of the period referred to in subparagraph 4(d) of this Article). (d) Paragraph 2, subparagraph Subparagraph 4(f) and paragraphs paragraph 7 and 8 of this Article shall be applied mutatis mutandis to the a provisional bilateral safeguard measure. The customs duty imposed as a result of the provisional bilateral safeguard measure shall be refunded if the subsequent investigation referred to in subparagraph 3(a) of this Article does not determine that increased imports of the an originating good of the other Party have caused or threatened to cause serious injury to a domestic industry. 109. Written A written notice referred to in subparagraph subparagraphs 4(a) and subparagraph 9(b8(b) of this Article and any other communication between the Countries Parties shall be done in the English language. 1110. The Countries Parties shall review the provisions of this Article, if necessary, after 10 years of the date of entry into force of this Agreement, or earlier as may be agreed by the Parties.

Bilateral Safeguard Measures. 1. Subject to the provisions of this Article, each Party may take a bilateral safeguard measure, to the minimum extent necessary to prevent or remedy the serious injury to a domestic industry of that Party and to facilitate adjustment, if an originating good of the other CountryParty, as a result of the elimination or reduction of a customs duty in accordance with Article 1916, is being imported into the territory of a Country former Party in such increased quantities, in absolute terms or relative to domestic productionterms, and under such conditions that the imports of that originating good constitute a substantial cause of serious injury, or threat thereofof serious injury, to a domestic industry of the latter Country, the latter Country former Party. 2. A Party may, as a bilateral safeguard measure, to the minimum extent necessary to prevent or remedy the serious injury and to facilitate adjustment: (a) suspend the further reduction of any rate of customs duty on the originating good provided for in this Chapter; or (b) increase the rate of customs duty on the originating good to a level not to exceed the lesser of: (i) the most-favoured-nation applied rate of customs duty in effect at the time when the bilateral safeguard measure set out in this paragraph is taken; and (ii) the most-favoured-nation applied rate of customs duty in effect on the day immediately preceding the date of entry into force of this Agreement. 2. Each Country shall not apply bilateral safeguard measures on an originating good imported up to the limit of quota quantities granted under tariff rate quotas applied in accordance with its Schedule in Annex 1. (a) A Country Party may take a bilateral safeguard measure only after an investigation has been carried out by the competent authorities of that Country Party in accordance with the same procedures as those provided for in Article 3 and paragraph 2 subparagraph 2(c) of Article 4 of the Agreement on Safeguards in Annex 1A to the WTO Agreement, as may be amended (hereinafter referred to in this Chapter Article as “the Agreement on Safeguards”). (b) The investigation referred to in subparagraph (a) shall in all cases be completed within one year following its date of initiation. (c) In the investigation referred to in subparagraph (a) to determine whether increased imports of an originating good have caused or are threatening to cause serious injury to a domestic industry under the terms of this Article, the competent authorities of a Party who carry out the investigation shall evaluate all relevant factors of an objective and quantifiable nature having a bearing on the situation of that domestic industry, in particular, the rate and amount of the increase in imports of the originating good in absolute terms, the share of the domestic market taken by the increased imports of the originating good, and the changes in the level of sales, production, productivity, capacity utilisation, profits and losses, and employment. (d) The determination that increased imports of an originating good have caused or are threatening to cause serious injury to a domestic industry shall not be made unless the investigation referred to in subparagraph (a) demonstrates, on the basis of objective evidence, the existence of the causal link between increased imports of the originating good and serious injury or threat of serious injury. When factors other than the increased imports of the originating good are causing injury to the domestic industry at the same time, such injury shall not be attributed to the increased imports of the originating good. 4. The following conditions and limitations shall apply with regard to a bilateral safeguard measure: (a) A Country Party shall immediately deliver a written notice to the other Country Party upon: (i) initiating an investigation referred to in subparagraph 3(a) of this Article relating to serious injury, or threat thereofof serious injury, and the reasons for it; and (ii) taking a decision to apply or extend a bilateral safeguard measure. (b) The Country Party making the written notice referred to in subparagraph (a) ), shall provide the other Country Party with all pertinent information, which shall include: (i) in the written notice referred to in subparagraph (a)(i), the reason for the initiation of the investigation, a precise description of an the originating good subject to the investigation and its subheading or a more detailed level of the Harmonized System, the period subject to the investigation and the date of initiation of the investigation; and (ii) in the written notice referred to in subparagraph (a)(ii), evidence of serious injury or threat thereof of serious injury caused by the increased imports of the originating good, a precise description of the originating good subject to the proposed bilateral safeguard measure and its subheading or a more detailed level of the Harmonized System, a precise description of the bilateral safeguard measure, and the proposed date of its the introduction and its expected durationduration of the bilateral safeguard measure. (c) A Country Party proposing to apply or extend a bilateral safeguard measure shall provide adequate opportunity for prior consultations consultation with the other Country Party with a view to reviewing the information arising from the investigation referred to in subparagraph 3(a) of this Article), exchanging views on the bilateral safeguard measure and reaching an agreement on compensation set out in paragraph 5 of this Article5. (d) No bilateral safeguard measure shall be maintained except to the extent and for such time as may be necessary to prevent or remedy serious injury and to facilitate adjustment, provided that such time shall not exceed a period of four three years. However, in very exceptional circumstances, a bilateral safeguard measure may be maintained for up to a extended, provided that the total maximum period of five the bilateral safeguard measure, including such extensions, shall not exceed four years. In order to facilitate adjustment in a situation where the expected duration of a bilateral safeguard measure is over one year, the Country Party maintaining the bilateral safeguard measure shall progressively liberalise the bilateral safeguard measure at regular intervals during the period of application. (e) No bilateral safeguard measure shall be applied again to the import of a particular originating good which has been subject to such a bilateral safeguard measure, for a period of time equal to the duration of the previous bilateral safeguard measure or one year, whichever is longer. (f) Upon the termination of a bilateral safeguard measure, the rate of customs duty shall be the rate which would have been in effect but for the bilateral safeguard measure. (a) A Country Party proposing to apply or extend a bilateral safeguard measure shall provide to the other Country Party mutually agreed adequate means of trade compensation in the form of concessions of customs duties whose levels are substantially equivalent to the value of the additional customs duties expected to result from the bilateral safeguard measure. (b) If the Countries Parties are unable to agree on the compensation within 30 days after the commencement of the consultation pursuant to subparagraph 4(c) of this Article), the Country Party against whose originating good the bilateral safeguard measure is taken shall be free to suspend the application of concessions of customs duties under this Agreement, which are substantially equivalent to the bilateral safeguard measure. (c) The right of suspension provided for in subparagraph (b) shall not be exercised for the first 18 months that a bilateral safeguard measure is in effect, provided that the bilateral safeguard measure has been taken as a result of an absolute increase in imports and that such a bilateral safeguard measure conforms to the provisions of this Article. The Country Party exercising the right of suspension may suspend the application of concessions of customs duties only for the minimum period necessary to achieve the substantially equivalent effects and only while the bilateral safeguard measure is maintainedeffects. 6. Nothing in this Chapter shall prevent a Country Party from applying safeguard measures to an originating good of the other Party in accordance with: (a) Article XIX of the GATT 1994 and the Agreement on Safeguards; or (b) Article 5 of the Agreement on Agriculture. 7. Each Country Party shall ensure the consistent, impartial and reasonable administration of its laws and regulations relating to the bilateral safeguard measure. 8. Each Country Party shall adopt or maintain equitable, timely, transparent and effective procedures relating to bilateral safeguard measure. (a) In critical circumstances, where delay would cause damage which it would be difficult to repair, a Country Party may take a provisional bilateral safeguard measure, which shall take the form of the measure set out in subparagraph 1(a2(a) or (b) of this Article pursuant to a preliminary determination that there is clear evidence that increased imports of an originating good of the other Party have caused or are threatening to cause serious injury to a domestic industry. (b) The Country A Party shall deliver a written notice to the other Country Party prior to applying a provisional bilateral safeguard measure. Consultations between the Countries Parties on the application of the provisional bilateral safeguard measure shall be initiated immediately after the provisional bilateral safeguard measure is taken. (c) The duration of the a provisional bilateral safeguard measure shall not exceed 200 days. During that period, the pertinent requirements of paragraph 3 of this Article shall be met. The duration of the provisional bilateral safeguard measure shall be counted as a part of the period referred to in subparagraph 4(d) of this Article). (d) Paragraph 2, subparagraph Subparagraph 4(f) and paragraphs 7 and 8 of this Article shall be applied mutatis mutandis to the a provisional bilateral safeguard measure. The customs duty imposed as a result of the a provisional bilateral safeguard measure shall be refunded if the subsequent investigation referred to in subparagraph 3(a) of this Article does not determine that increased imports of the an originating good of the other Party have caused or threatened to cause serious injury to a domestic industry. 10. Written A written notice referred to in subparagraph subparagraphs 4(a) and subparagraph 9(b) of this Article and any other communication between the Countries Parties shall be done in the English language. 11. The Countries Parties shall review the provisions of this Article, if necessary, after 10 five years of the date of entry into force of this Agreement.

Bilateral Safeguard Measures. 1. Subject Notwithstanding any provisions of this Chapter but subject to the provisions of this Article, each Party may apply a bilateral safeguard measure, to the extent necessary to prevent or remedy the serious injury to a domestic industry of that Party and to facilitate adjustment, if an originating good of the other CountryParty, as a result of the elimination or reduction of a customs duty in accordance with Article 19, is being imported into the territory of a Country former Party in such increased quantities, in absolute terms or relative to domestic production, and under such conditions that the imports of that originating good constitute a substantial cause of serious injury, or threat thereof, to a the domestic industry of the latter Country, the latter Country former Party. 2. A Party may, as a bilateral safeguard measure, to the minimum extent necessary to prevent or remedy the serious injury and to facilitate adjustment: (a) suspend the further reduction of any rate of customs duty on the originating good provided for in this Chapter; or (b) increase the rate of customs duty on the originating good to a level not to exceed the lesser of: (i) the most-favoured-nation applied rate of customs duty in effect at on the time day when the bilateral safeguard measure set out in this paragraph is taken; and (ii) the most-favoured-nation applied rate of customs duty in effect on the day immediately preceding the date of entry into force of this Agreement. 2. Each Country shall not apply bilateral safeguard measures on an originating good imported up to the limit of quota quantities granted under tariff rate quotas applied in accordance with its Schedule in Annex 1. (a) A Country Party may take apply a bilateral safeguard measure only after an investigation has been carried out by the competent authorities of that Country Party in accordance with the same procedures as those provided for in Article 3 and paragraph 2 subparagraph 2(c) of Article 4 of the Agreement on Safeguards in Annex 1A to the WTO Agreement, as may be amended Agreement (hereinafter referred to in this Chapter as “the Agreement on Safeguards”). (b) The investigation referred to in subparagraph (a) shall in all cases be completed within as early as possible and in no case later than one year following its from the date of initiation. (c) In the investigation referred to in subparagraph (a) to determine whether increased imports of an originating good have caused or are threatening to cause serious injury to a domestic industry under the terms of this Article, the competent authorities of the Party who carry out the investigation shall evaluate all relevant factors of an objective and quantifiable nature having a bearing on the situation of that domestic industry, in particular, the rate and amount of the increase in imports of the originating good in absolute and relative terms, the share of the domestic market taken by the increased imports of the originating good, and the changes in the level of sales, production, productivity, capacity utilisation, profits and losses, and employment. (d) The determination that increased imports of an originating good have caused or are threatening to cause serious injury to a domestic industry shall not be made unless the investigation referred to in subparagraph (a) demonstrates, on the basis of objective evidence, the existence of the causal link between increased imports of the originating good and serious injury or threat thereof. When factors other than the increased imports of the originating good are causing injury to the domestic industry at the same time, such injury shall not be attributed to the increased imports of the originating good. 4. The following conditions and limitations shall apply with regard to a bilateral safeguard measure: (a) A Country Party shall immediately deliver a written notice to the other Country Party upon: (i) initiating an investigation referred to in subparagraph 3(a) of this Article relating to serious injury, or threat thereof, and the reasons for it; and (ii) taking a decision to apply or extend a bilateral safeguard measure. (b) The Country Party making the written notice referred to in subparagraph (a) shall provide the other Country Party with all pertinent information, which shall include: (i) in the written notice referred to in subparagraph (a)(i), the reason for the initiation of the investigation, a precise description of an the originating good subject to the investigation and its subheading or a more detailed level of the Harmonized System, the period subject to the investigation and the date of initiation of the investigation; and (ii) in the written notice referred to in subparagraph (a)(ii), evidence of serious injury or threat thereof caused by the increased imports of the originating good, a precise description of the originating good subject to the proposed bilateral safeguard measure and its subheading or a more detailed level of the Harmonized System, a precise description of the bilateral safeguard measure, and the proposed date of its the introduction and its expected durationduration of the bilateral safeguard measure. (c) A Country Party proposing to apply or extend a bilateral safeguard measure shall provide adequate opportunity for prior consultations with the other Country Party with a view to reviewing the information arising from the investigation referred to in subparagraph 3(a) of this Article), exchanging views on the bilateral safeguard measure and reaching an agreement on compensation set out in paragraph 5 of this Article5. (d) No bilateral safeguard measure shall be maintained except to the extent and for such time as may be necessary to prevent or remedy serious injury and to facilitate adjustment, provided that such time shall not exceed a period of four three years. However, in very highly exceptional circumstances, a bilateral safeguard measure may be maintained for up to a extended, provided that the total maximum period duration of the bilateral safeguard measure, including such extensions, shall not exceed five years. In order to facilitate adjustment in a situation where the expected duration of a bilateral safeguard measure is over one year, the Country Party maintaining the bilateral safeguard measure shall progressively liberalise the bilateral safeguard measure at regular intervals during the period of application. (e) No bilateral safeguard measure shall be applied again to the import of a particular originating good which has been subject to such a bilateral safeguard measure, for a period of time equal to that during which such measure had been previously applied, provided that the duration period of the previous bilateral safeguard measure or non-application is at least one year, whichever is longer. (f) Upon the termination of a bilateral safeguard measure, the rate of customs duty for an originating good subject to the measure shall be the rate which would have been in effect but for the bilateral safeguard measure. (a) A Country Party proposing to apply or extend a bilateral safeguard measure shall provide to the other Country Party mutually agreed adequate means of trade compensation in the form of concessions of customs duties whose levels are value is substantially equivalent to the value that of the additional customs duties expected to result from the bilateral safeguard measure. (b) If the Countries Parties are unable to agree on the compensation within 30 days after the commencement of the consultation consultations pursuant to subparagraph 4(c) of this Article), the Country Party against whose originating good the bilateral safeguard measure is taken applied shall be free to suspend the application of concessions of customs duties under this Agreement, which are substantially equivalent to the bilateral safeguard measure. The Party exercising the right of suspension may suspend the application of concessions only for the minimum period necessary to achieve the substantially equivalent effects and only while the bilateral safeguard measure is maintained. (ci) The right to claim the trade compensation which is agreed on by the Parties under subparagraph (a) and the right of suspension provided for in subparagraph (b) shall not be exercised for the first 18 months two years that a bilateral safeguard measure is in effect, provided that the bilateral safeguard measure has been taken as a result of an absolute increase in imports and that such a bilateral safeguard measure conforms to the provisions of this Article. . (ii) The Country exercising two years period mentioned in subparagraph (i) may be extended by one year, provided that the right of suspension may suspend the application of concessions of customs duties only for the minimum period necessary to achieve the substantially equivalent effects and only while Party applying the bilateral safeguard measure provides to the other Party, evidence that the bilateral safeguard measure continues to be necessary to prevent or remedy serious injury caused by an absolute increase in imports and that the industry concerned is maintainedadjusting. 6. Nothing in this Chapter shall prevent a Country Party from applying safeguard measures to an originating good of the other Party in accordance with: (a) Article XIX of the GATT 1994 and the Agreement on Safeguards; or (b) Article 5 of the Agreement on Agriculture. 7. Each Country Party shall ensure the consistent, impartial and reasonable administration of its laws and regulations relating to the bilateral safeguard measure. 8. Each Country shall adopt or maintain equitable, timely, transparent and effective procedures relating to bilateral safeguard measuremeasures. (a) In critical circumstances, where delay would cause damage which it would be difficult to repair, a Country Party may take a provisional bilateral safeguard measure, which shall take the form of the measure set out in subparagraph 1(a2(a) or (b) of this Article ), pursuant to a preliminary determination that there is clear evidence that increased imports of an originating good of the other Party have caused or are threatening to cause serious injury to a domestic industry. (b) The Country A Party shall deliver a written notice to the other Country Party prior to applying a provisional bilateral safeguard measure. Consultations between the Countries Parties on the application of the provisional bilateral safeguard measure shall be initiated immediately after the provisional bilateral safeguard measure is taken. (c) The duration of the a provisional bilateral safeguard measure shall not exceed 200 days. During that period, the pertinent requirements of paragraph 3 of this Article shall be met. The duration of the provisional bilateral safeguard measure shall be counted as a part of the period referred to in subparagraph 4(d) of this Article). (d) Paragraph 2, subparagraph Subparagraph 4(f) and paragraphs paragraph 7 and 8 of this Article shall be applied mutatis mutandis to the a provisional bilateral safeguard measure. The customs duty imposed as a result of the provisional bilateral safeguard measure shall be refunded if the subsequent investigation referred to in subparagraph 3(a) of this Article does not determine that increased imports of the an originating good of the other Party have caused or threatened to cause serious injury to a domestic industry. 109. Written A written notice referred to in subparagraph subparagraphs 4(a) and subparagraph 9(b8(b) of this Article and any other communication between the Countries Parties shall be done in the English language. 1110. The Countries Parties shall review the provisions of this Article, if necessary, after 10 years of the date of entry into force of this Agreement, or earlier as may be agreed by the Parties.

Bilateral Safeguard Measures. 1. Subject to During the provisions of this Articletransition period only, if an originating good of the other Country, as a result of the reduction or elimination or reduction of a customs duty in accordance with Article 19under this Agreement, an originating good of a Party is being imported into the other Party’s territory of a Country in such increased quantities, quantities in absolute terms or relative to domestic production, and under such conditions that the imports of that originating good as to constitute a substantial cause of serious injury, injury or threat thereof, of serious injury to a domestic industry of the latter Countryproducing a like or directly competitive product, the latter Country importing Party may, as a bilateral safeguard measure, to the minimum extent necessary to prevent or remedy the serious injury and to facilitate adjustment: (a) suspend the further reduction of any rate of customs duty on the originating good provided for in under this ChapterAgreement; or (b) increase the rate of customs duty on the originating good to a level not to exceed the lesser of: (i) the most-favoured-nation MFN applied rate of customs duty on the good in effect at the time when the bilateral safeguard measure set out in this paragraph is taken; andor (ii) the most-favoured-nation MFN applied rate of customs duty on the good in effect on the day immediately preceding the date of entry into force of this Agreement. 2. Each Country shall not apply bilateral safeguard measures on an originating good imported up to the limit of quota quantities granted under tariff rate quotas applied in accordance with its Schedule in Annex 1. (a) A Country may take a bilateral safeguard measure only after an investigation has been carried out by the competent authorities of that Country in accordance with the same procedures as those provided for in Article 3 and paragraph 2 of Article 4 of the Agreement on Safeguards in Annex 1A to the WTO Agreement, as may be amended (hereinafter referred to in this Chapter as “the Agreement on Safeguards”). (b) The investigation referred to in subparagraph (a) shall in all cases be completed within one year following its date of initiation. 4. The following conditions and limitations shall apply with regard to an investigation or the application of a bilateral safeguard measure:. (a) A Country Party shall immediately deliver a written notice to the other Country Party upon: (i) initiating an investigation referred to in subparagraph 3(a) of this Article investigatory process relating to serious injury, injury or threat thereof, thereof and the reasons for it; and; (ii) taking a provisional safeguard measure according to paragraph 3; (iii) making a finding of serious injury or threat thereof caused by increased imports; (iv) taking a decision to apply or extend a bilateral safeguard measure; and (v) taking a decision to modify a measure previously undertaken. (b) The Country In making the written notice notification referred to in subparagraph sub-paragraphs (aa)(ii) to (v), the Party proposing to apply or extend a safeguard measure shall provide the other Country Party with all pertinent information, which shall include: (i) in the written notice referred to in subparagraph (a)(i), the reason for the initiation of the investigation, a precise description of an originating good subject to the investigation and its subheading or a more detailed level of the Harmonized System, the period subject to the investigation and the date of initiation of the investigation; and (ii) in the written notice referred to in subparagraph (a)(ii), include evidence of serious injury or threat thereof caused by the increased imports of the originating goodimports, a precise description of the originating good subject to involved and the proposed bilateral safeguard measure and its subheading or a more detailed level of the Harmonized System, a precise description of the bilateral safeguard measure, the proposed date of its introduction and its expected duration.; the Party proposing to apply a measure shall also provide any additional information which the other Party considers pertinent; (c) A Country a Party proposing to apply or extend a bilateral safeguard measure shall provide adequate opportunity for prior consultations with the other Country Party as far in advance of taking any such measure as practicable, with a view to reviewing the information arising from the investigation referred to in subparagraph 3(a) of this Articleinvestigation, exchanging views on the bilateral safeguard measure and reaching an agreement on compensation set out in paragraph 5 4. The Parties shall in such consultations review, inter alia, the information provided under sub- paragraph (b), to determine: (i) compliance with the other provisions of this Article.; (ii) whether any proposed measure should be taken; and (iii) the appropriateness of the proposed measure, including consideration of alternative measures; (d) No bilateral safeguard a Party shall apply the measure shall be maintained except to only following an investigation by the extent competent authorities of such Party in accordance with Articles 3 and for such time as may be necessary to prevent or remedy serious injury 4.2(c) of the WTO Agreement on Safeguards; and to facilitate adjustmentthis end, provided that such time shall not exceed a period Articles 3 and 4.2(c) of four years. However, in very exceptional circumstances, a bilateral safeguard measure may be maintained for up to a total maximum period the WTO Agreement on Safeguards are incorporated into and made part of five years. In order to facilitate adjustment in a situation where the expected duration of a bilateral safeguard measure is over one year, the Country maintaining the bilateral safeguard measure shall progressively liberalise the bilateral safeguard measure at regular intervals during the period of application.this Agreement mutatis mutandis; (e) No bilateral safeguard measure in undertaking the investigation described in paragraph (d), a Party shall be applied again to comply with the import requirements of a particular originating good which has been subject to such a bilateral safeguard measure, for a period of time equal to the duration of the previous bilateral safeguard measure or one year, whichever is longer. (fsub-paragraphs 2(a) Upon the termination of a bilateral safeguard measure, the rate of customs duty shall be the rate which would have been in effect but for the bilateral safeguard measure. (a) A Country proposing to apply or extend a bilateral safeguard measure shall provide to the other Country mutually agreed adequate means of trade compensation in the form of concessions of customs duties whose levels are substantially equivalent to the value of the additional customs duties expected to result from the bilateral safeguard measure. and (b) If the Countries are unable to agree on the compensation within 30 days after the commencement of Article 4 of the consultation pursuant to subparagraph 4(c) of this Article, the Country against whose originating good the bilateral safeguard measure is taken shall be free to suspend the application of concessions of customs duties under this Agreement, which are substantially equivalent to the bilateral safeguard measure. (c) The right of suspension provided for in subparagraph (b) shall not be exercised for the first 18 months that a bilateral safeguard measure is in effect, provided that the bilateral safeguard measure has been taken as a result of an absolute increase in imports and that such a bilateral safeguard measure conforms to the provisions of this Article. The Country exercising the right of suspension may suspend the application of concessions of customs duties only for the minimum period necessary to achieve the substantially equivalent effects and only while the bilateral safeguard measure is maintained. 6. Nothing in this Chapter shall prevent a Country from applying safeguard measures to an originating good in accordance with: (a) Article XIX of the GATT 1994 and the WTO Agreement on Safeguards; or (band to this end, sub-paragraphs 2(a) Article 5 of the Agreement on Agriculture. 7. Each Country shall ensure the consistent, impartial and reasonable administration of its laws and regulations relating to the bilateral safeguard measure. 8. Each Country shall adopt or maintain equitable, timely, transparent and effective procedures relating to bilateral safeguard measure. (a) In critical circumstances, where delay would cause damage which it would be difficult to repair, a Country may take a provisional bilateral safeguard measure, which shall take the form of the measure set out in subparagraph 1(a) or (b) of this Article pursuant to a preliminary determination that there is clear evidence that increased imports of an originating good have caused or are threatening to cause serious injury to a domestic industry. (b) The Country shall deliver a written notice to the other Country prior to applying a provisional bilateral safeguard measure. Consultations between the Countries on the application of the provisional bilateral safeguard measure shall be initiated immediately after the provisional bilateral safeguard measure is taken. (c) The duration of the provisional bilateral safeguard measure shall not exceed 200 days. During that period, the pertinent requirements of paragraph 3 of this Article shall be met. The duration of the provisional bilateral safeguard measure shall be counted as a part of the period referred to in subparagraph 4(d) of this Article. (d) Paragraph 2, subparagraph 4(f) and paragraphs 7 and 8 of this Article shall be applied mutatis mutandis to the provisional bilateral safeguard measure. The customs duty imposed as a result of the provisional bilateral safeguard measure shall be refunded if the subsequent investigation referred to in subparagraph 3(a) of this Article does not determine that increased imports of the originating good have caused or threatened to cause serious injury to a domestic industry. 10. Written notice referred to in subparagraph 4(a) and subparagraph 9(b) of this Article and any other communication between the Countries shall be done in the English language. 11. The Countries shall review the provisions of this Article, if necessary, after 10 years of the date of entry into force of this Agreement.and

Bilateral Safeguard Measures. 1. Subject to the provisions of this Article, if an originating good of the other Country, as a result of the elimination or reduction of a customs duty in accordance with Article 19, is being imported into the territory of a Country in such increased quantities, in absolute terms or relative to domestic production, and under such conditions that the imports of that originating good constitute a substantial cause of serious injury, or threat thereof, to a domestic industry of the latter Country, the latter Country may, as a bilateral safeguard measure, to the minimum extent necessary to prevent or remedy the serious injury and to facilitate adjustment: (a) suspend the further reduction of any rate of customs duty on the originating good provided for in this Chapter; or (b) increase the rate of customs duty on the originating good to a level not to exceed the lesser of: (i) : the most-favoured-nation applied rate of customs duty in effect at the time when the bilateral safeguard measure set out in this paragraph is taken; and (ii) and the most-favoured-nation applied rate of customs duty in effect on the day immediately preceding the date of entry into force of this Agreement. 2. Each Country shall not apply bilateral safeguard measures on an originating good imported up to the limit of quota quantities granted under tariff rate quotas applied in accordance with its Schedule in Annex 1. (a) A Country may take a bilateral safeguard measure only after an investigation has been carried out by the competent authorities of that Country in accordance with the same procedures as those provided for in Article 3 and paragraph 2 of Article 4 of the Agreement on Safeguards in Annex 1A to the WTO Agreement, as may be amended (hereinafter referred to in this Chapter as “the Agreement on Safeguards”). (b) The investigation referred to in subparagraph (a) shall in all cases be completed within one year following its date of initiation. 4. The following conditions and limitations shall apply with regard to a bilateral safeguard measure: (a) A Country shall immediately deliver a written notice to the other Country upon: (i) : initiating an investigation referred to in subparagraph 3(a) of this Article relating to serious injury, or threat thereof, and the reasons for it; and (ii) and taking a decision to apply or extend a bilateral safeguard measure. (b) The Country making the written notice referred to in subparagraph (a) shall provide the other Country with all pertinent information, which shall include: (i) : in the written notice referred to in subparagraph (a)(i), the reason for the initiation of the investigation, a precise description of an originating good subject to the investigation and its subheading or a more detailed level of the Harmonized System, the period subject to the investigation and the date of initiation of the investigation; and (ii) and in the written notice referred to in subparagraph (a)(ii), evidence of serious injury or threat thereof caused by the increased imports of the originating good, a precise description of the originating good subject to the proposed bilateral safeguard measure and its subheading or a more detailed level of the Harmonized System, a precise description of the bilateral safeguard measure, the proposed date of its introduction and its expected duration. (c) A Country proposing to apply or extend a bilateral safeguard measure shall provide adequate opportunity for prior consultations with the other Country with a view to reviewing the information arising from the investigation referred to in subparagraph 3(a) of this Article, exchanging views on the bilateral safeguard measure and reaching an agreement on compensation set out in paragraph 5 of this Article. (d) No bilateral safeguard measure shall be maintained except to the extent and for such time as may be necessary to prevent or remedy serious injury and to facilitate adjustment, provided that such time shall not exceed a period of four 4four years. However, in very exceptional circumstances, a bilateral safeguard measure may be maintained for up to a total maximum period of five 5five years. In order to facilitate adjustment in a situation where the expected duration of a bilateral safeguard measure is over one year, the Country maintaining the bilateral safeguard measure shall progressively liberalise the bilateral safeguard measure at regular intervals during the period of application. (e) No bilateral safeguard measure shall be applied again to the import of a particular originating good which has been subject to such a bilateral safeguard measure, for a period of time equal to the duration of the previous bilateral safeguard measure or one year, whichever is longer. (f) Upon the termination of a bilateral safeguard measure, the rate of customs duty shall be the rate which would have been in effect but for the bilateral safeguard measure. (a) A Country proposing to apply or extend a bilateral safeguard measure shall provide to the other Country mutually agreed adequate means of trade compensation in the form of concessions of customs duties whose levels are substantially equivalent to the value of the additional customs duties expected to result from the bilateral safeguard measure. (b) If the Countries are unable to agree on the compensation within 30 days after the commencement of the consultation pursuant to subparagraph 4(c) of this Article, the Country against whose originating good the bilateral safeguard measure is taken shall be free to suspend the application of concessions of customs duties under this Agreement, which are substantially equivalent to the bilateral safeguard measure. (c) The right of suspension provided for in subparagraph (b) shall not be exercised for the first 18 months that a bilateral safeguard measure is in effect, provided that the bilateral safeguard measure has been taken as a result of an absolute increase in imports and that such a bilateral safeguard measure conforms to the provisions of this Article. The Country exercising the right of suspension may suspend the application of concessions of customs duties only for the minimum period necessary to achieve the substantially equivalent effects and only while the bilateral safeguard measure is maintained. 6. Nothing in this Chapter shall prevent a Country from applying safeguard measures to an originating good in accordance with: (a) Article XIX of the GATT 1994 and the Agreement on Safeguards; or (b) Article 5 of the Agreement on Agriculture. 7. Each Country shall ensure the consistent, impartial and reasonable administration of its laws and regulations relating to the bilateral safeguard measure. 8. Each Country shall adopt or maintain equitable, timely, transparent and effective procedures relating to bilateral safeguard measure. (a) In critical circumstances, where delay would cause damage which it would be difficult to repair, a Country may take a provisional bilateral safeguard measure, which shall take the form of the measure set out in subparagraph 1(a) or (b) of this Article pursuant to a preliminary determination that there is clear evidence that increased imports of an originating good have caused or are threatening to cause serious injury to a domestic industry. (b) The Country shall deliver a written notice to the other Country prior to applying a provisional bilateral safeguard measure. Consultations between the Countries on the application of the provisional bilateral safeguard measure shall be initiated immediately after the provisional bilateral safeguard measure is taken. (c) The duration of the provisional bilateral safeguard measure shall not exceed 200 days. During that period, the pertinent requirements of paragraph 3 of this Article shall be met. The duration of the provisional bilateral safeguard measure shall be counted as a part of the period referred to in subparagraph 4(d) of this Article. (d) Paragraph 2, subparagraph 4(f) and paragraphs 7 and 8 of this Article shall be applied mutatis mutandis to the provisional bilateral safeguard measure. The customs duty imposed as a result of the provisional bilateral safeguard measure shall be refunded if the subsequent investigation referred to in subparagraph 3(a) of this Article does not determine that increased imports of the originating good have caused or threatened to cause serious injury to a domestic industry. 10. Written notice referred to in subparagraph 4(a) and subparagraph 9(b) of this Article and any other communication between the Countries shall be done in the English language. 11. The Countries shall review the provisions of this Article, if necessary, after 10 years of the date of entry into force of this Agreement.

Bilateral Safeguard Measures. 1. Subject to the provisions of this Article, if an originating good of the other Country, as a result of the elimination or reduction of a customs duty in accordance with Article 19, is being imported into the territory of a Country in such increased quantities, in absolute terms or relative to domestic production, and under such conditions that the imports of that originating good constitute a substantial cause of serious injury, or threat thereof, to a domestic industry of the latter Country, the latter Country may, as a bilateral safeguard measure, to the minimum extent necessary to prevent or remedy the serious injury and to facilitate adjustment: (a) suspend the further reduction of any rate of customs duty on the originating good provided for in this Chapter; or (b) increase the rate of customs duty on the originating good to a level not to exceed the lesser of: (i) the most-favoured-nation applied rate of customs duty in effect at the time when the bilateral safeguard measure set out in this paragraph is taken; and (ii) the most-favoured-nation applied rate of customs duty in effect on the day immediately preceding the date of entry into force of this Agreement. 2. Each Country shall not apply bilateral safeguard measures on an originating good imported up to the limit of quota quantities granted under tariff rate quotas applied in accordance with its Schedule in Annex 1. (a) A Country may take a bilateral safeguard measure only after an investigation has been carried out by the competent authorities of that Country in accordance with the same procedures as those provided for in Article 3 and paragraph 2 of Article 4 of the Agreement on Safeguards in Annex 1A to the WTO Agreement, as may be amended (hereinafter referred to in this Chapter as “the Agreement on Safeguards”). (b) The investigation referred to in subparagraph (a) shall in all cases be completed within one year following its date of initiation. 4. The following conditions and limitations shall apply with regard to a bilateral safeguard measure: (a) A Country shall immediately deliver a written notice to the other Country upon: (i) initiating an investigation referred to in subparagraph 3(a) of this Article relating to serious injury, or threat thereof, and the reasons for it; and (ii) taking a decision to apply or extend a bilateral safeguard measure. (b) The Country making the written notice referred to in subparagraph (a) shall provide the other Country with all pertinent information, which shall include: (i) in the written notice referred to in subparagraph (a)(i), the reason for the initiation of the investigation, a precise description of an originating good subject to the investigation and its subheading or a more detailed level of the Harmonized System, the period subject to the investigation and the date of initiation of the investigation; and (ii) in the written notice referred to in subparagraph (a)(ii), evidence of serious injury or threat thereof caused by the increased imports of the originating good, a precise description of the originating good subject to the proposed bilateral safeguard measure and its subheading or a more detailed level of the Harmonized System, a precise description of the bilateral safeguard measure, the proposed date of its introduction and its expected duration. (c) A Country proposing to apply or extend a bilateral safeguard measure shall provide adequate opportunity for prior consultations with the other Country with a view to reviewing the information arising from the investigation referred to in subparagraph 3(a) of this Article, exchanging views on the bilateral safeguard measure and reaching an agreement on compensation set out in paragraph 5 of this Article. (d) No bilateral safeguard measure shall be maintained except to the extent and for such time as may be necessary to prevent or remedy serious injury and to facilitate adjustment, provided that such time shall not exceed a period of four 4four years. However, in very exceptional circumstances, a bilateral safeguard measure may be maintained for up to a total maximum period of five 5five years. In order to facilitate adjustment in a situation where the expected duration of a bilateral safeguard measure is over one year, the Country maintaining the bilateral safeguard measure shall progressively liberalise the bilateral safeguard measure at regular intervals during the period of application. (e) No bilateral safeguard measure shall be applied again to the import of a particular originating good which has been subject to such a bilateral safeguard measure, for a period of time equal to the duration of the previous bilateral safeguard measure or one year, whichever is longer. (f) Upon the termination of a bilateral safeguard measure, the rate of customs duty shall be the rate which would have been in effect but for the bilateral safeguard measure. (a) A Country proposing to apply or extend a bilateral safeguard measure shall provide to the other Country mutually agreed adequate means of trade compensation in the form of concessions of customs duties whose levels are substantially equivalent to the value of the additional customs duties expected to result from the bilateral safeguard measure. (b) If the Countries are unable to agree on the compensation within 30 days after the commencement of the consultation pursuant to subparagraph 4(c) of this Article, the Country against whose originating good the bilateral safeguard measure is taken shall be free to suspend the application of concessions of customs duties under this Agreement, which are substantially equivalent to the bilateral safeguard measure. (c) The right of suspension provided for in subparagraph (b) shall not be exercised for the first 18 months that a bilateral safeguard measure is in effect, provided that the bilateral safeguard measure has been taken as a result of an absolute increase in imports and that such a bilateral safeguard measure conforms to the provisions of this Article. The Country exercising the right of suspension may suspend the application of concessions of customs duties only for the minimum period necessary to achieve the substantially equivalent effects and only while the bilateral safeguard measure is maintained. 6. Nothing in this Chapter shall prevent a Country from applying safeguard measures to an originating good in accordance with: (a) Article XIX of the GATT 1994 and the Agreement on Safeguards; or (b) Article 5 of the Agreement on Agriculture. 7. Each Country shall ensure the consistent, impartial and reasonable administration of its laws and regulations relating to the bilateral safeguard measure. 8. Each Country shall adopt or maintain equitable, timely, transparent and effective procedures relating to bilateral safeguard measure. (a) In critical circumstances, where delay would cause damage which it would be difficult to repair, a Country may take a provisional bilateral safeguard measure, which shall take the form of the measure set out in subparagraph 1(a) or (b) of this Article pursuant to a preliminary determination that there is clear evidence that increased imports of an originating good have caused or are threatening to cause serious injury to a domestic industry. (b) The Country shall deliver a written notice to the other Country prior to applying a provisional bilateral safeguard measure. Consultations between the Countries on the application of the provisional bilateral safeguard measure shall be initiated immediately after the provisional bilateral safeguard measure is taken. (c) The duration of the provisional bilateral safeguard measure shall not exceed 200 days. During that period, the pertinent requirements of paragraph 3 of this Article shall be met. The duration of the provisional bilateral safeguard measure shall be counted as a part of the period referred to in subparagraph 4(d) of this Article. (d) Paragraph 2, subparagraph 4(f) and paragraphs 7 and 8 of this Article shall be applied mutatis mutandis to the provisional bilateral safeguard measure. The customs duty imposed as a result of the provisional bilateral safeguard measure shall be refunded if the subsequent investigation referred to in subparagraph 3(a) of this Article does not determine that increased imports of the originating good have caused or threatened to cause serious injury to a domestic industry. 10. Written notice referred to in subparagraph 4(a) and subparagraph 9(b) of this Article and any other communication between the Countries shall be done in the English language. 11. The Countries shall review the provisions of this Article, if necessary, after 10 years of the date of entry into force of this Agreement.