Common use of CONDITIONS AND LIMITATIONS ON IMPOSITION OF A BILATERAL SAFEGUARD Clause in Contracts

CONDITIONS AND LIMITATIONS ON IMPOSITION OF A BILATERAL SAFEGUARD. MEASURE The following conditions and limitations shall apply to an investigation or a measure described in Article 2.9.1: (a) a Party shall immediately deliver written notice to the other Party upon: (i) initiating an investigatory process relating to serious injury or threat thereof and the reasons for it; (ii) making a finding of serious injury or threat thereof caused by increased imports; and (iii) taking a decision to apply a safeguard measure; (b) in making the notification referred to in paragraph (a), the Party proposing to apply a safeguard measure shall provide the other Party with all pertinent information, which shall include evidence of serious injury or threat thereof caused by the increased imports, precise description of the good involved and the proposed measure, proposed date of introduction and expected duration; the Party proposing to apply a measure is also obliged to provide any additional information which the other Party considers pertinent; (c) a Party proposing to apply a measure shall provide adequate opportunity for prior consultations with the other Party as far in advance of taking any such measure as practicable, with a view to reviewing the information arising from the investigation, exchanging views on the measure and reaching an agreement on compensation set out in Article 2.9.