Domestic Rules Applicable to Safeguard Investigations and Impositions Sample Clauses

Domestic Rules Applicable to Safeguard Investigations and Impositions. A safeguard investigation is a domestic administrative procedure that is required by Article 3.1, first sentence of the Agreement on Safeguards, but 18 In reference to Australia, Panel Report, Australia – Anti-Dumping Measures on Paper, fn. 196. See also Xxxxxxx 1998, pp. 83–4. 19 See Chapter 3, Section 3.2. 8 WTO Agreement on Safeguards and Article XIX of GATT is ultimately governed by municipal law. There are many aspects of the safeguard investigation and imposition process that need to be regulated by norms that are not contained in international agreements and other sources of international law (or that are not otherwise legally binding at the domestic level). The safeguard investigation process is an administrative proceeding that is typically conducted by competent authorities of the executive branch. In this sense, it is a process that is normally governed by the general adminis- trative law applicable in the importing country. Thus, the set of administrative norms that apply to the competent authorities, including their organizational laws and generally applicable regulations for proceedings conducted by those authorities (e.g. payment of administrative fees for the evaluation of an administrative petition), would be relevant for the conduct of safeguard- related proceedings. Furthermore, there may be questions of an evidentiary or procedural character that might not be directly regulated by the general administrative law of a country, but by the general civil, common or judicial law. For instances, rules on evidence, burden of proof, the principle of orality or immediacy between the adjudicator and the parties, the treatment of wit- nesses, documentary formalities, and representation in the proceedings, are all issues that are not regulated by the Agreement on Safeguards and must be dealt with under the applicable rules of civil or procedural codes or statutes of the jurisdiction where a safeguard investigation is conducted. Furthermore, the imposition of a safeguard measure is effected by an act of administrative character (either a decree or a regulation) that must be imple- mented by the customs authorities of the importing country. The implemen- tation of this measure may entail a level of complexity according to the type of measure chosen. If the measure is in the form of a quantitative restriction, the administration of that measure would require the application of customs law relating to the issuance of licences or import permits. Similarl...
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Related to Domestic Rules Applicable to Safeguard Investigations and Impositions

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