Common use of Bilateral Safeguard Measures Clause in Contracts

Bilateral Safeguard Measures. 1. All the substantive aspects, procedures and in general the application of the safeguard measures shall be governed by this Chapter, and Article XIX of GATT 1994, the Agreement on Safeguards and the applicable legislation for each Party as suppletory. 2. During the transition period, each Party may apply a safeguard measure according to the procedure established in this Chapter if, as a result of the reduction or elimination of a customs tariff in accordance with this Agreement, an originating good from the territory of a Party is being imported into the territory of the other Party, in such increased quantities, relative to domestic production and under such conditions as to constitute a substantial cause of serious injury, or a threat thereof, to the domestic industry of the like or directly competitive good. The importing Party will be able to the extent necessary to prevent or remedy serious injury, or the threat thereof: a) suspend the further reduction of any customs tariff provided for under this Agreement on the good; or b) increase the customs tariff on the good to a level not to exceed the lesser of: i) the Most Favored Nation (MFN) applied customs tariff in effect at the time the measure is taken; or ii) the MFN applied customs tariff in effect on the day immediately preceding the date of entry into force of this Agreement. 3. Guatemala shall have the right to extend the period of application of a safeguard measure for up to an additional two (2) years beyond the maximum period provided for in Article 6.02, paragraph 4. 4. The following conditions shall be observed in the proceeding that may result in the application of a safeguard measure according to paragraph 2: a) a Party shall, without delay and in writing, notify the other Party of the initiation of the proceeding which could have as a consequence the application of a safeguard measure against a good originating in the territory of the other Party; b) any safeguard measure shall be initiated no later than one (1) year from the date of the initiation of the procedure; except for what is established by the Article 6.04 paragraph 15. c) no safeguard measure may be maintained: i) for more than four (4) years, extendable for a period of four (4) additional consecutive years as provided in Article 6.04 paragraphs 27 through 29; ii) after the termination of the transition period, unless with the consent of the Party against whose good the measure is applied. d) a safeguard measure may be applied as many times as necessary provided that at least a period has elapsed, equivalent to half of the time during which the safeguard measure was applied for the first time. e) the period in which a provisional safeguard measure has been applied shall be calculated for the purpose of determining the period of duration of the definitive safeguard measure established in subparagraph (c) of this paragraph. f) provisional measures that do not become definitive shall be excluded from the limitation provided for in subparagraph (d) of this paragraph. g) on the termination of the safeguard measure, the applied customs tariff shall be the rate as that in the Tariff Reduction Schedule. 5. In critical circumstances a Party may apply provisional bilateral safeguard measures pursuant to a preliminary determination that there is clear evidence that increased imports have been given on originating goods of the other Party, as a result of the reduction or elimination of duty pursuant this Agreement and under such conditions as to constitute a serious injury or threat thereof. The duration of provisional measures shall not exceed two hundred (200) days.

Bilateral Safeguard Measures. 1. All the substantive aspects, procedures and in general the The application of the bilateral safeguard measures shall be governed by this Chapter, and supplementary by Article XIX of GATT 1994, the Agreement on Safeguards and the applicable legislation for respective laws of each Party as suppletoryParty. 2. During Subject to paragraphs 4 through 6 and during the transition period, each Party may apply a safeguard measure according to the procedure established in this Chapter if, as a result of the reduction or elimination of a customs tariff in accordance with this Agreement, an originating good product from the territory of a Party is being imported into the territory of the other Party, in such increased quantitiesquantity, relative in relation to domestic production and under such conditions as that the imports of that product to constitute the Party itself constitutes a substantial cause of serious injury, or a threat thereof, thereof to the domestic industry of the like or directly competitive goodproduct. The importing Party will be able into whose territory the product is being imported may, to the minimum extent necessary necessary, to remedy or prevent or remedy the serious injury, or the threat thereof: (a) suspend the further reduction of any customs tariff rate of duty provided for under this Agreement on the goodproduct; or (b) increase the customs tariff rate of duty on the good product to a level not to exceed the lesser of: (i) the Most Favored Nation most-favored-nation (MFN) applied customs tariff in effect at the time the measure is taken; or, and (ii) the MFN applied customs tariff in effect on the day immediately preceding the date of entry into force of this Agreement. 3. Guatemala shall have the right to extend the period of application of a safeguard measure for up to an additional two (2) years beyond the maximum period provided for in Article 6.02, paragraph 4. 4. The following conditions and limitations shall be observed in the proceeding that may result in the application of a safeguard measure according to paragraph 2: (a) a Party shall, without delay and in writingwriting , notify the other Party of the initiation of the proceeding which could have as a consequence the application of a safeguard measure against a good product originating in the territory of the other Party; (b) any safeguard measure shall be initiated no later than one (1) year counted from the date of the initiation of the procedure; except for what is established by the Article 6.04 paragraph 15.; (c) no safeguard measure may be maintained: (i) for more than four (4) two years, extendable for a period of four (4) one additional consecutive years as provided year, according to the proceeding stated in Article 6.04 paragraphs 27 through 29;6.04(21), or (ii) after the termination of the transition period, unless with the consent of the Party against whose good product the measure is applied.; (d) during the transition period, the safeguard measures, with or without extension, may only be applied twice on the same product; (e) a safeguard measure may be applied as many times as necessary for a second time, provided that at least a period has elapsed, equivalent to the half of the time that one during which the safeguard measure was has been applied for at the first time.time has been passed; e(f) the period in which a provisional safeguard measure has been applied shall be calculated for the purpose of determining the period of duration of the definitive safeguard measure established in subparagraph (c); (g) of this paragraph. f) the provisional measures that do are not become definitive shall be excluded from the limitation provided for in subparagraph (d) of this paragraph.); g(h) on the termination of the safeguard measure, the applied customs tariff rate of import duty shall be the rate as that in the Tariff Reduction Schedule. 54. In critical circumstances where any delay would cause damage which it would be difficult to repair, a Party may apply bilateral provisional bilateral safeguard measures measure pursuant to a preliminary determination that there is clear evidence that increased imports have been given on originating goods of the other Partythat, as a result of the reduction or elimination of duty pursuant a customs tariff under this Agreement Agreement, the imports of the goods originating from the other Party have been increased in such rate and amount and under such conditions as to constitute a cause or threaten to cause serious injury or threat thereofinjury. The duration of provisional measures shall not exceed two hundred (200) 120 days. 5. Only with the consent of the other Party, a Party may apply a safeguard measure after the termination of transition period, in order to deal with cases of serious injury, or threat thereof, to the domestic industry tha t arise from the implementation of this Agreement. 6. The Party applying a safeguard measure according to this Article shall provide to the other Party a mutually agreed compensation, in the form of concessions having substantially equivalent trade effects or being equivalent to the value of the additional customs tariff expected to result from the safeguard measure. If the Parties concerned are unable to agree on the compensation, the Party against whose product the safeguard measure is applied may take tariff measures with trade effects substantially equivalent to the effects of the safeguard measure applied pursuant to this Article. The Party shall apply the tariff measure only during the minimum necessary period to achieve the substantially equivalent effects.

Bilateral Safeguard Measures. 1. All the substantive aspects, procedures and in general the application of the safeguard measures shall be governed by this Chapter, and Article XIX of GATT 1994, the Agreement on Safeguards and the applicable legislation for each Party as suppletory. 2. During the transition period, each Party may apply a safeguard measure according to the procedure established in this Chapter if, as a result of the reduction or elimination of a customs tariff in accordance with this Agreement, an originating good from the territory of a Party is being imported into the territory of the other Party, in such increased quantities, in absolute terms or relative to domestic production and under such conditions as to constitute a substantial cause of serious injury, or a threat thereof, to the domestic industry of the like or directly competitive good. 3. The importing Party will be able may to the extent necessary to prevent or remedy serious injury, or the threat thereof: (a) suspend the further reduction of any customs tariff provided for under this Agreement on the good; or (b) increase the customs tariff on the good to a level not to exceed the lesser of: (i) the Most Favored Nation (MFN) applied customs tariff in effect at the time the measure is taken; or (ii) the MFN applied customs tariff in effect on the day immediately preceding the date of entry into force of this Agreement. 34. Guatemala The Republic of El Salvador and the Republic of Honduras shall have the right to extend the period of application of a safeguard measure for up to an additional two (2) years beyond the maximum period provided for in Article 6.02, paragraph 45. 45. The following conditions shall be observed in the proceeding that may result in the application of a safeguard measure according to paragraph 2: (a) a Party shall, without delay and in writing, notify the other Party of the initiation of the proceeding which could have as a consequence the application of a safeguard measure against a good originating in the territory of the other Party; (b) any safeguard measure shall be initiated no later than one (1) year from the date of the initiation of the procedure; except for what is established by the Article 6.04 paragraph 15.; (c) no safeguard measure may be maintained: (i) for more than four (4) years, extendable for a period of four (4) additional consecutive years years, as provided in Article 6.04 paragraphs 27 through 29;; or (ii) after the termination of the transition period, unless with the consent of the Party against whose good the measure is applied.; (d) a safeguard measure may be applied as many times as necessary necessary, provided that at least a period has elapsed, equivalent to half of the time during which the safeguard measure was applied for the first time.; (e) the period in which a provisional safeguard measure has been applied shall be calculated for the purpose of determining the period of duration of the definitive safeguard measure established in subparagraph (c) of this paragraph.; (f) provisional measures that do not become definitive shall be excluded from the limitation provided for in subparagraph (d) of this paragraph.; and (g) on the termination of the safeguard measure, the applied customs tariff shall be the rate as that in the Tariff Reduction Schedule. 56. In critical circumstances a Party may apply provisional bilateral safeguard measures pursuant to a preliminary determination that there is clear evidence that increased imports have been given on originating goods of the other Party, as a result of the reduction or elimination of duty pursuant to this Agreement and under such conditions as to constitute a serious injury or threat thereof. The duration of provisional measures shall not exceed two hundred (200) days.

Bilateral Safeguard Measures. 1. All the substantive aspects, procedures and in general the The application of the bilateral safeguard measures shall be governed by this Chapter, and supplementary by Article XIX of GATT 1994, the Agreement on Safeguards and the applicable legislation for respective laws of each Party as suppletoryParty. 2. During Subject to paragraphs 4 through 6 and during the transition period, each Party may apply a safeguard measure according to the procedure established in this Chapter if, as a result of the reduction or elimination of a customs tariff in accordance with this Agreement, an originating good product from the territory of a Party is being imported into the territory of the other Party, in such increased quantitiesquantity, relative in relation to domestic production and under such conditions as that the imports of that product to constitute the Party itself constitutes a substantial cause of serious injury, or a threat thereof, thereof to the domestic industry of the like or directly competitive goodproduct. The importing Party will be able into whose territory the product is being imported may, to the minimum extent necessary necessary, to remedy or prevent or remedy the serious injury, or the threat thereof: (a) suspend the further reduction of any customs tariff rate of duty provided for under this Agreement on the goodproduct; or (b) increase the customs tariff rate of duty on the good product to a level not to exceed the lesser of: (i) the Most Favored Nation most-favored-nation (MFN) applied customs tariff in effect at the time the measure is taken; or, and (ii) the MFN applied customs tariff in effect on the day immediately preceding the date of entry into force of this Agreement. 3. Guatemala shall have the right to extend the period of application of a safeguard measure for up to an additional two (2) years beyond the maximum period provided for in Article 6.02, paragraph 4. 4. The following conditions and limitations shall be observed in the proceeding that may result in the application of a safeguard measure according to paragraph 22 : (a) a Party shall, without delay and in writing, notify the other Party of the initiation of the proceeding which could have as a consequence the application of a safeguard measure against a good product originating in the territory of the other Party; (b) any safeguard measure shall be initiated no later than one (1) year counted from the date of the initiation of the procedure; except for what is established by the Article 6.04 paragraph 15.; (c) no safeguard measure may be maintained: (i) for more than four (4) two years, extendable for a period of four (4) one additional consecutive years as provided year, according to the proceeding stated in Article 6.04 paragraphs 27 through 29;6.04(21), or (ii) after the termination of the transition period, unless with the consent of the Party against whose good product the measure is applied.; (d) during the transition period, the safeguard measures, with or without extension, may only be applied twice on the same product; (e) a safeguard measure may be applied as many times as necessary for a second time, provided that at least a period has elapsed, equivalent to the half of the time that one during which the safeguard measure was has been applied for at the first time.time has been passed; e(f) the period in which a provisional safeguard measure has been applied shall be calculated for the purpose of determining the period of duration of the definitive safeguard measure established in subparagraph (c); (g) of this paragraph. f) the provisional measures that do are not become definitive shall be excluded from the limitation provided for in subparagraph (d) of this paragraph.); g(h) on the termination of the safeguard measure, the applied customs tariff rate of import duty shall be the rate as that in the Tariff Reduction Schedule. 54. In critical circumstances where any delay would cause damage which it would be difficult to repair, a Party may apply bilateral provisional bilateral safeguard measures measure pursuant to t o a preliminary determination that there is clear evidence that increased imports have been given on originating goods of the other Partythat, as a result of the reduction or elimination of duty pursuant a customs tariff under this Agreement Agreement, the imports of the goods originating from the other Party have been increased in such rate and amount and under such conditions as to constitute a cause or threaten to cause serious injury or threat thereofinjury. The duration of provisional measures shall not exceed two hundred (200) 120 days. 5. Only with the consent of the other Party, a Party may apply a safeguard measure after the termination of transition period, in order to deal with cases of serious injury, or threat thereof, to the domestic industry tha t arise from the implementation of this Agreement. 6. The Party applying a safeguard measure according to this Article shall provide to the other Party a mutually agreed compensation, in the form of concessions having substantially equivalent trade effects or being equivalent to the value of the additional customs tariff expected to result from the safeguard measure. If the Parties concerned are unable to agree on the compensation, the Party against whose product the safeguard measure is applied may take tariff measures with trade effects substantially equivalent to the effects of the safeguard measure applied pursuant to this Article. The Party shall apply the tariff measure only during the minimum necessary period to achieve the substantially equivalent effects.

Bilateral Safeguard Measures. 1. All the substantive aspects, procedures and in general the application of the safeguard measures shall be governed by this Chapter, and Article XIX of GATT 1994, the Agreement on Safeguards and the applicable legislation for each Party as suppletory. 2. During the transition period, each Party may apply a safeguard measure according to the procedure established in this Chapter if, as a result of the reduction or elimination of a customs tariff in accordance with this Agreement, an originating good from the territory of a Party is being imported into the territory of the other Party, in such increased quantities, relative to domestic production and under such conditions as to constitute a substantial cause of serious injury, or a threat thereof, to the domestic industry of the like or directly competitive good. The importing Party will be able to the extent necessary to prevent or remedy serious injury, or the threat thereof: : a) suspend the further reduction of any customs tariff provided for under this Agreement on the good; or or b) increase the customs tariff on the good to a level not to exceed the lesser of: : i) the Most Favored Nation (MFN) applied customs tariff in effect at the time the measure is taken; or or ii) the MFN applied customs tariff in effect on the day immediately preceding the date of entry into force of this Agreement. 3. Guatemala shall have the right to extend the period of application of a safeguard measure for up to an additional two (2) years beyond the maximum period provided for in Article 6.02, paragraph 4. 4. The following conditions shall be observed in the proceeding that may result in the application of a safeguard measure according to paragraph 2: : a) a Party shall, without delay and in writing, notify the other Party of the initiation of the proceeding which could have as a consequence the application of a safeguard measure against a good originating in the territory of the other Party; ; b) any safeguard measure shall be initiated no later than one (1) year from the date of the initiation of the procedure; except for what is established by the Article 6.04 paragraph 15. . c) no safeguard measure may be maintained: : i) for more than four (4) years, extendable for a period of four (4) additional consecutive years as provided in Article 6.04 paragraphs 27 through 29; ii) after the termination of the transition period, unless with the consent of the Party against whose good the measure is applied. d) a safeguard measure may be applied as many times as necessary provided that at least a period has elapsed, equivalent to half of the time during which the safeguard measure was applied for the first time. e) the period in which a provisional safeguard measure has been applied shall be calculated for the purpose of determining the period of duration of the definitive safeguard measure established in subparagraph (c) of this paragraph. f) provisional measures that do not become definitive shall be excluded from the limitation provided for in subparagraph (d) of this paragraph. g) on the termination of the safeguard measure, the applied customs tariff shall be the rate as that in the Tariff Reduction Schedule. 5. In critical circumstances a Party may apply provisional bilateral safeguard measures pursuant to a preliminary determination that there is clear evidence that increased imports have been given on originating goods of the other Party, as a result of the reduction or elimination of duty pursuant this Agreement and under such conditions as to constitute a serious injury or threat thereof. The duration of provisional measures shall not exceed two hundred (200) days.

Bilateral Safeguard Measures. 1. All the substantive aspects, procedures and in general For the application of the Bilateral safeguard measures measures, the investigating authority shall be governed by referred to in this Chapterchapter and, and subsidiarily, in accordance with Article XIX of GATT 1994, 1994 and the Agreement on Safeguards and the applicable legislation for each Party as suppletorytheir respective legislation. 2. Subject to paragraphs 4 through 6 and during the transition period, may apply a safeguard measure if as a result of the reduction or elimination of a customs duty pursuant to this Treaty, goods originating from the territory of a Party is being imported into the territory of the other party in such increased quantities in quantity in relation to domestic production and under such conditions that the imports of the good from that party alone constitute a substantial cause of serious injury or threat of serious injury to a domestic industry producing a like or directly competing goods. The party into whose territory the good is being imported may, to the minimum extent necessary to remedy or prevent the serious injury or threat of serious harm: a) The suspend any further reduction of tariff rate under this Treaty for the goods; or b) Increasing the tariff rate for the good to a level not to exceed the lesser of: i) The Customs most-favoured-nation tariff applied at the time the measure is applied; and ii) The Customs most-favoured-nation tariff applied on the day preceding the entry into force of this Treaty. 3. The following conditions and limitations shall apply to a proceeding that may result in the application of a safeguard measure pursuant to paragraph 2: a) A Party shall notify the other party without delay and in writing, the initiation of a proceeding that could result in the application of a measure to safeguard an goods originating from the territory of the other party; b) Any safeguard measure shall take effect within one (1) year from the date of initiation of the proceeding; c) No safeguard measure may be maintained: i) For more than two (2) years and may be extended for a period of one additional year (1), in accordance with the procedure laid down in article 6.04 (21); or ii) After the expiration of the transition period, except with the consent of the Party whose good against the measure is applied; d) During the transition period, each Party the Parties may implement and extend the application of safeguard measures of the same goods only on two occasions (2); e) A safeguard measure may be applied in a second time, provided that he has elapsed (1) at least a period equivalent to half of the safeguard that during which the measure was applied for the first time; f) The period during which has been applied a provisional safeguard measure shall be counted for purposes of determining the duration of the definitive Safeguard Measure set out in subparagraph (c); g) Provisional measures that do not become final shall be excluded from the limitation provided for in subparagraph (d); h) During the period of extension of a safeguard measure, the tariff rate shall be progressively reduced to become a party concerned in accordance with the schedule of tariff relief; and i) Upon the termination of the safeguard measure, the tariff rate shall be the party concerned, in accordance with the schedule of tariff relief. 4. In critical circumstances where any delay would be difficult to repair the injury, Parties may apply a provisional bilateral safeguard measure according pursuant to a preliminary determination of the procedure established in this Chapter if, existence of a clear evidence that the increased imports have been on goods originating from the other party as a result of the reduction or elimination of a customs tariff in accordance with this Agreement, an originating good from the territory of Treaty and at a Party is being imported into the territory of the other Party, in such increased quantities, relative to domestic production pace and under that such conditions as have caused or threatened to constitute a substantial cause of serious injury, or a threat thereof, to the domestic industry of the like or directly competitive good. The importing Party will be able to the extent necessary to prevent or remedy serious injury, or the threat thereof: a) suspend the further reduction of any customs tariff provided for under this Agreement on the good; or b) increase the customs tariff on the good to a level Provisional safeguard measures shall not to exceed the lesser of: i) the Most Favored Nation (MFN) applied customs tariff in effect at the time the measure is taken; or ii) the MFN applied customs tariff in effect on the day immediately preceding the date of entry into force of this Agreement. 3. Guatemala shall have the right to extend the period of application of a safeguard measure for up to an additional two (2) years beyond the maximum period provided for in Article 6.02, paragraph 4. 4. The following conditions shall be observed in the proceeding that may result in the application of a safeguard measure according to paragraph 2: a) a Party shall, without delay and in writing, notify the other Party of the initiation of the proceeding which could have as a consequence the application of a safeguard measure against a good originating in the territory of the other Party; b) any safeguard measure shall be initiated no later than one (1) year from the date of the initiation of the procedure; except for what is established by the Article 6.04 paragraph 15. c) no safeguard measure may be maintained: i) for more than four (4) years, extendable for a period of four one hundred and twenty (4) additional consecutive years as provided in Article 6.04 paragraphs 27 through 29;120 days). ii) after the termination of the transition period, unless 5. Only with the consent of the Party against whose good the measure is applied. d) other party; a party may apply a safeguard measure may be applied as many times as necessary provided that at least beyond the expiration of the transition period to deal with cases of serious injury or threat of serious injury to the domestic industry arising from the implementation of this Treaty. 6. The party applying a period has elapsed, safeguard measure under this article shall provide to the other party mutually agreed compensation in the form of trade concessions having substantially equivalent effects or equivalent to half the value of the time during which the safeguard measure was applied for the first time. e) the period in which a provisional safeguard measure has been applied shall be calculated for the purpose of determining the period of duration of the definitive safeguard measure established in subparagraph (c) of this paragraph. f) provisional measures that do not become definitive shall be excluded from the limitation provided for in subparagraph (d) of this paragraph. g) on the termination additional customs duties expected of the safeguard measure, . If the parties are unable to agree on compensation against the party whose product the safeguard measure is applied customs may impose tariff shall be trade substantially action having effects equivalent to the rate as that in the Tariff Reduction Schedule. 5. In critical circumstances a Party may apply provisional bilateral safeguard measures measure applied pursuant to a preliminary determination that there is clear evidence that increased imports have been given on originating goods of the other Party, as a result of the reduction or elimination of duty pursuant this Agreement and under such conditions as to constitute a serious injury or threat thereofarticle. The duration of provisional measures Party shall not exceed two hundred (200) daysapply the tariff action only for the minimum period necessary to achieve the substantially equivalent effects.

Bilateral Safeguard Measures. 1. All the substantive aspects, procedures and in general For the application of the Bilateral safeguard measures measures, the investigating authority shall be governed by referred to in this Chapterchapter and, and subsidiarily, in accordance with Article XIX of GATT 1994, 1994 and the Agreement on Safeguards and the applicable legislation for each Party as suppletorytheir respective legislation. 2. During Subject to paragraphs 2 through 5 and during the transition period, each Party may apply a safeguard measure according to the procedure established in this Chapter if, if as a result of the reduction or elimination of a customs tariff in accordance with duty pursuant to this AgreementTreaty, an goods originating good from the territory of a Party is being imported into the territory of the other Party, another party in such increased quantities, relative quantities in quantity in relation to domestic production and under such conditions as to that the imports of the good from that party alone constitute a substantial cause of serious injury, injury or threat of serious injury to a threat thereofdomestic industry producing a like or directly competing goods. the party into whose territory the good is being imported may, to the domestic industry of the like or directly competitive good. The importing Party will be able to the minimum extent necessary to remedy or prevent the serious injury or remedy threat of serious injury, or the threat thereofharm: a) The suspend the any further reduction of any customs tariff provided for rate under this Agreement on Treaty for the goodgoods; or b) increase Increasing the customs tariff on rate for the good to a level not to exceed the lesser of: i) the Most Favored Nation (MFN) The Customs most-favoured-nation tariff applied customs tariff in effect at the time the measure is taken; orand ii) the MFN The Customs most-favoured-nation tariff applied customs tariff in effect on the day immediately preceding the date of entry into force of this AgreementTreaty. 3. Guatemala shall have the right to extend the period of application of a safeguard measure for up to an additional two (2) years beyond the maximum period provided for in Article 6.02, paragraph 4. 4. The following conditions and limitations shall be observed in the apply to a proceeding that may result in the application of a safeguard measure according pursuant to paragraph 2: a) a A Party shall, shall notify the other party without delay and in writing, notify the other Party of the initiation of the a proceeding which that could have as a consequence result in the application of a measure to safeguard measure against a good an goods originating in from the territory of the other Partyanother party; b) any Any safeguard measure shall be initiated no later than take effect within one (1) year from the date of the initiation of the procedure; except for what is established by the Article 6.04 paragraph 15.proceeding; c) no No safeguard measure may be maintained: i) for For more than four three (43) years, extendable years which may be extended for a period of four one additional year (4) additional consecutive years as provided 1), in Article accordance with the procedure laid down in article 6.04 paragraphs 27 through 29;(21); or ii) after After the termination expiration of the transition period, unless except with the consent of the Party against whose good against the measure is applied.; d) a During the transition period, the Parties may implement and extend the application of safeguard measures of the same goods only twice; e) A safeguard measure may be applied as many times as necessary in a second time has elapsed, provided that at least a period has elapsed, equivalent to half of the time safeguard that during which the safeguard measure was applied for the first time.; ef) the The period in during which has been applied a provisional safeguard measure has been applied shall be calculated counted for the purpose purposes of determining the period of duration of the definitive safeguard measure established Safeguard Measure set out in subparagraph (c); g) of this paragraph. f) provisional Provisional measures that do not become definitive final shall be excluded from the limitation provided for in subparagraph (d); h) During the period of this paragraph.extension of a safeguard measure, the tariff rate shall be progressively reduced to be surrendered appropriate tariff relief under the current programme; and gi) on Upon the termination of the safeguard measure, the applied customs tariff rate shall be the rate as that party concerned, in accordance with the Tariff Reduction Scheduleschedule of tariff relief in force. 4. Only with the consent of the party, the other party may apply a safeguard measure beyond the expiration of the transition period to deal with cases of serious injury or threat of serious injury to the domestic industry arising from the implementation of this Treaty. 5. In critical circumstances The party applying a Party safeguard measure under this article shall provide to the other party mutually agreed compensation liberalizing trade in the form of trade concessions having substantially equivalent effects or equivalent to the value of the additional customs duties expected of the safeguard measure. if the parties are unable to agree on compensation against the party whose product the safeguard measure is applied may apply provisional bilateral impose tariff trade substantially action having effects equivalent to the safeguard measures measure taken pursuant to a preliminary determination that there is clear evidence that increased imports have been given on originating goods of this article. the other Party, as a result of Party taking the reduction or elimination of duty pursuant this Agreement and under such conditions as action shall only tariff for the minimum period necessary to constitute a serious injury or threat thereof. The duration of provisional measures shall not exceed two hundred (200) daysachieve the substantially equivalent effects.

Bilateral Safeguard Measures. 1. All the substantive aspects, procedures and in general For the application of bilateral safeguard measures, the safeguard measures investigating authority shall be governed by conform to the provisions of this ChapterChapter and, and supplementarily, to the provisions of Article XIX of the GATT 1994, the Agreement on Safeguards and the applicable legislation for each Party as suppletoryits domestic law. 2. During Subject to paragraphs 4 through 6, and during the transition period, each Party safeguard measures may apply a safeguard measure according to the procedure established in this Chapter be taken if, as a result of the reduction or elimination of a customs tariff duty provided for in accordance with this Agreement, an a good originating good from in the territory of a Party is being imported into the territory of the other Party, Party in such increased quantities, relative in relation to domestic production production, and under such conditions as to that the imports of the good from that Party alone constitute a substantial cause of serious injury, or a threat thereof, to the a domestic industry of the producing a like or directly competitive good. The importing , the Party will be able into whose territory the good is being imported may, to the minimum extent necessary to remedy or prevent the serious injury or remedy serious injury, or the threat thereof: (a) suspend Suspend the further reduction of any customs tariff rate of duty provided for under this Agreement on the good; or (b) increase the customs tariff rate of duty on the good to a level not to exceed the lesser of: (i) the Most Favored Nation (MFN) The most-favoured-nation applied customs tariff rate of duty in effect at the time the measure is taken; orand (ii) the MFN most-favoured-nation applied customs tariff rate of duty in effect on the day immediately preceding the date of entry into force of this Agreement. 3. Guatemala shall have the right to extend the period of application of a safeguard measure for up to an additional two (2) years beyond the maximum period provided for in Article 6.02, paragraph 4. 4. The following conditions and limitations shall be observed in the apply to a proceeding that may result in the application of a safeguard measure according to measures under paragraph 2: (a) a A Party shall, without delay and in writingdelay, notify deliver to the other Party written notice of the initiation institution of the a proceeding which that could have as a consequence the application of result in a safeguard measure against a good originating in the territory of the this other Party; (b) any safeguard such measure shall be initiated no later than one (1) year from after the date of the initiation institution of the procedure; except for what is established by the Article 6.04 paragraph 15.proceeding; (c) no safeguard measure may be maintained: (i) for more than four For a period exceeding two (42) years, extendable for a period of four one (41) additional consecutive years as provided year in accordance with the procedure established in Article 6.04 paragraphs 27 through 29;6.04(21); or (ii) after beyond the termination expiration of the transition period, unless except with the consent of the Party against whose good the measure is applied.taken; (d) the Parties may apply and extend the application of a safeguard measure to the same good no more than twice during the transition period; (e) a safeguard measure may be applied as many times as necessary a second time provided that at least a minimum period has elapsed, equivalent to one half of the time period during which the safeguard measure was applied for the first time.time has elapsed; e(f) the period in during which a provisional safeguard measure has been applied shall be calculated computed for the purpose of determining the period of duration of the definitive final safeguard measure established in subparagraph (c) of this paragraph. f) provisional measures that do not become definitive shall be excluded from the limitation provided for in subparagraph (d) of this paragraph. g) on the termination of the safeguard measure, the applied customs tariff shall be the rate as that in the Tariff Reduction Schedule. 5. In critical circumstances a Party may apply provisional bilateral safeguard measures pursuant to a preliminary determination that there is clear evidence that increased imports have been given on originating goods of the other Party, as a result of the reduction or elimination of duty pursuant this Agreement and under such conditions as to constitute a serious injury or threat thereof. The duration of provisional measures shall not exceed two hundred (200) days.);