Standards for a Bilateral Safeguard Measure Sample Clauses

Standards for a Bilateral Safeguard Measure. 1. A Party may apply a safeguard measure for an initial period of no longer than 2 years. The period of a safeguard measure may be extended for a period not exceeding 1 year provided that the competent authorities of the importing Party have determined, in accordance with the procedures set out in Article 69, that the continued application of the measure is necessary to prevent or remedy serious injury and that the industry is adjusting. Regardless of its duration, a safeguard measure shall terminate at the end of the transition period. No new safeguard measure may be applied to a product after that date. 2. A Party shall not apply a safeguard measure or provisional safeguard measure again on a product which has been subject to such a measure for a period of time equal to that during which such a measure had been previously applied, provided that the period of non-application is at least 2 years. 3. Neither Party may apply a safeguard measure on a product that is subject to a measure that the Party has applied pursuant to Article XIX of GATT 1994 and the Safeguards Agreement, and neither Party may continue maintaining a safeguard measure on a product that becomes subject to a measure that the Party applies pursuant to Article XIX of GATT 1994 and the Safeguards Agreement. 4. On the termination of a safeguard measure, the rate of duty shall be the customs duty set out in the Party’s Schedule to Annex 1 as if the safeguard measure had never been applied.
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Standards for a Bilateral Safeguard Measure. 1. Bilateral safeguard measures shall only be taken during the transition period, which shall be a period of five years beginning on the date of entry into force of this Agreement. In the case of a product where the liberalisation process as set out in Annex I lasts five or more years, the transition period shall be extended to the date on which such a product reaches zero-tariff according to the Schedule in that Annex plus three years. 2. Bilateral safeguard measures shall in principle be limited to a period of two years; they may be extended for another year. Regardless of its duration, a bilateral safeguard measure shall terminate no later than at the end of the transition period for the product concerned. 3. A Party shall not apply a bilateral safeguard measure again on a product which has been subject to such a measure for a period of time equal to that during which such a measure had been previously applied, provided that the period of nonapplication is at least two years. However, no bilateral safeguard measure may be applied more than twice on the same product. 4. Upon the termination of the bilateral safeguard measure, the rate of customs duty shall be the rate which would have been in effect but for the measure.
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Standards for a Bilateral Safeguard Measure. 1. Neither Party may apply a safeguard measure: (a) except to the extent, and for such time, as may be necessary to prevent or remedy serious injury and to facilitate adjustment; (b) for a period exceeding two years, except that the period may be extended by up to two years if the competent authority of the importing Party determines, in conformity with the procedures set out in Article 8.4, that the measure continues to be necessary to prevent or remedy serious injury and to facilitate adjustment and that there is evidence that the domestic industry is adjusting; or (c) beyond the expiration of the transition period. 2. In order to facilitate adjustment in a situation where the expected duration of a bilateral safeguard measure is over one year, the Party applying the measure shall progressively liberalize it at regular intervals during the period of application. 3. Upon the termination of a bilateral safeguard measure, the Party that has applied the measure shall apply the rate of customs duty set out in the Party’s Schedule set out in Annex 2B (Elimination of Customs Duties) as if the measure had never been applied. 4. A Party shall not apply a bilateral safeguard measure more than once on the same good until a period of time equal to the duration of the previous bilateral safeguard measure, including any extension, has elapsed commencing from the termination of the previous bilateral safeguard measure, provided that the period of non-application is at least one year.
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Standards for a Bilateral Safeguard Measure. 1. A Party shall maintain a bilateral safeguard measure only for such period of time as may be necessary to prevent or remedy serious injury and to facilitate adjustment. That period shall not exceed two (2) years, except that the period may be extended by up to one (1) year if the investigating authority of the Party that applies the measure determines, in conformity with the procedures set out in Article 3.16 (Investigation Procedures and Transparency Requirements), that the bilateral safeguard measure continues to be necessary to prevent or remedy serious injury and to facilitate adjustment. 2. No bilateral safeguard measure shall be applied in the first six (6) months after the commencement of the tariff reduction or tariff elimination comes into force as negotiated under this Agreement. 3. No bilateral safeguard measure shall be applied again to the import of the same good during the transitional safeguard period, unless a period of time equal to half of the period during which the bilateral safeguard measure was applied previously has elapsed. 4. No bilateral safeguard measure shall be taken against a good while a global safeguard measure in respect of that good is in place; in the event that a global safeguard measure is taken in respect of a good, any existing bilateral safeguard measure which is taken against that good shall be terminated. 5. Upon the termination of the bilateral safeguard measure, the rate of customs duty shall be the rate which would have been in effect on the date of termination of the measure as set out in Annex 2 – 1 (Schedules of Tariff Commitments) had the measure not been imposed.
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Standards for a Bilateral Safeguard Measure. 1. No party may maintain bilateral a safeguard measure: (a) Except to the extent and for the period necessary to prevent or remedy serious injury and to facilitate adjustment; (b) For a period exceeding two (2) years; except that the period shall be extended for a further year (1), if the competent authority determines, in accordance with the procedures set out in Article 8.3, the measure that continues to be necessary to prevent or remedy serious injury and to facilitate adjustment and that there is evidence that the domestic industry is adjusting; or (c) After the expiration of the transition period. 2. In order to facilitate adjustment in a situation where the expected duration of a bilateral safeguard measure is over one year (1), the party applying the measure shall progressively liberalize it at regular intervals during the period of application. 3. A Party may not apply a bilateral safeguard measure more than once against the same good until the expiry of a period equal to the duration of the previous bilateral safeguard measure, including any extension, starting from the end of the previous bilateral safeguard measure, provided that the period of non-application is at least one (1) year. 4. Upon the termination of the Bilateral safeguard measure, the party which has adopted the tariff rate shall apply in accordance with its list of relief covered in annex 2.3 (tariff elimination).
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Standards for a Bilateral Safeguard Measure. 1. A Party may apply a bilateral safeguard measure, including any extension thereof, for no longer than three years including a one-year extension, if the competent investigating authorities of the importing Party determined, in conformity with the procedures specified in Article 5.7 (Investigation Procedures and Transparency Requirements), that the bilateral safeguard measure continues to be necessary to prevent or remedy serious injury and to facilitate adjustment and that there is evidence that the industry is adjusting. 2. Upon the termination of a bilateral safeguard measure, the rate of the customs duty shall be the rate which would have been in effect if the bilateral safeguard measure had not been applied. 3. In order to facilitate adjustment in a situation where the expected duration of a bilateral safeguard measure is over one year, the Party applying the measure shall progressively liberalise it at regular intervals during the period of application. 4. Neither Party may impose a bilateral safeguard measure on a good subject to a previous safeguard measure for a period of time equal to the duration of the previous safeguard measure, or one year, whichever is longer. 5. Neither Party may impose a bilateral safeguard measure on a good that is subject to a global safeguard measure pursuant to Article XIX of GATT 1994 and the Safeguard Agreement, and neither Party may continue maintaining a bilateral safeguard measure on a good that becomes subject to a measure pursuant to Article XIX of GATT 1994 and the Safeguard Agreement.
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Standards for a Bilateral Safeguard Measure. 1. A Party may apply a bilateral safeguard measure, including any extension thereof, for no longer than three years including a one-year extension. Regardless of its duration, such measure shall terminate at the end of the transition period. 2. In order to facilitate adjustment in a situation where the expected duration of a bilateral safeguard measure is over one year, the Party applying the measure shall progressively liberalize it at regular intervals during the period of application. 3. Neither Party may impose a bilateral safeguard measure more than once on the same good. 4. Neither Party may impose a bilateral safeguard measure on a good that is subject to a measure that the Party has imposed pursuant to Article XIX of GATT 1994 and the WTO Safeguards Agreement, and neither Party may continue maintaining a bilateral safeguard measure on a good that becomes subject to a measure that the Party imposes pursuant to Article XIX of GATT 1994 and the WTO Safeguards Agreement. 5. Upon the termination of a bilateral safeguard measure, the rate of the customs duty shall be the rate which would have been in effect if the bilateral safeguard measure had not been applied.
Sample 1
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Standards for a Bilateral Safeguard Measure. A Party may apply a bilateral safeguard measure, including any extension thereof, for no longer than three years including a one-year extension. Regardless of its duration, such measure shall terminate at the end of the transition period.
Sample 1
Standards for a Bilateral Safeguard Measure. 1. A bilateral safeguard measure shall not be applied: (a) except to the extent, and for such time, as may be necessary to prevent or remedy the serious injury or the threat of serious injury to the domestic industry or the serious deterioration or the threat of serious deterioration in the economic situation of the outermost region or regions; (b) for a period exceeding two years; and (c) beyond the expiration of the transition period. 2. The period referred to in point (b) of paragraph 1 may be extended by one year provided that: (a) the competent investigating authorities of the importing Party determine, in conformity with the procedures specified in Sub-Section 1 (Procedural rules applicable to bilateral safeguard measures), that the bilateral safeguard measure continues to be necessary to prevent or remedy the serious injury or the threat of serious injury to the domestic industry or the serious deterioration or the threat of serious deterioration in the economic situation of the outermost region or regions; and (b) there is evidence that the domestic industry is adjusting and the total period of application of a bilateral safeguard measure, including the period of initial application and any extension thereof, does not exceed three years. 3. When a Party ceases to apply a bilateral safeguard measure, the rate of customs duty shall be the rate that would have been in effect for the good concerned, in accordance with Annex 2-A (Tariff elimination schedules). 4. A bilateral safeguard measure shall not be applied to the import of a good of a Party which has already been subject to such a bilateral safeguard measure for a period of time equal to half of the duration of the previous bilateral safeguard measure. 5. A Party shall not apply to the same good and at the same time: (a) a provisional bilateral safeguard measure, a bilateral safeguard measure or an outermost regions safeguard measure pursuant to this Agreement; and (b) a safeguard measure pursuant to Article XIX of GATT 1994 and the Agreement on Safeguards.
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Related to Standards for a Bilateral Safeguard Measure

  • Bilateral Safeguard Measures 1. Where, as a result of the reduction or elimination of a customs duty under this Agreement, any product originating in a Party is being imported into the territory of another 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 threat thereof to the domestic industry of like or directly competitive products in the territory of the importing Party, the importing Party may take bilateral safeguard measures to the minimum extent necessary to remedy or prevent the injury, subject to the provisions of paragraphs 2 to 10. 2. Bilateral safeguard measures shall only be taken upon clear evidence that increased imports have caused or are threatening to cause serious injury pursuant to an investigation in accordance with the procedures laid down in the WTO Agreement on Safeguards. 3. The Party intending to take a bilateral safeguard measure under this Article shall immediately, and in any case before taking a measure, make notification to the other Parties and the Joint Committee. The notification shall contain all pertinent information, which shall include evidence of serious injury or threat thereof caused by increased imports, a precise description of the product involved and the proposed measure, as well as the proposed date of introduction, expected duration and timetable for the progressive removal of the measure. A Party that may be affected by the measure shall be offered compensation in the form of substantially equivalent trade liberalisation in relation to the imports from any such Party. 4. If the conditions set out in paragraph 1 are met, the importing Party may take measures consisting in increasing the rate of customs duty for the product to a level not to exceed the lesser of: (a) the MFN rate of duty applied at the time the action is taken; or (b) the MFN rate of duty applied on the day immediately preceding the date of the entry into force of this Agreement. 5. Bilateral safeguard measures shall be taken for a period not exceeding one year. In very exceptional circumstances, after review by the Joint Committee, measures may be taken up to a total maximum period of three years. No measure shall be applied to the import of a product which has previously been subject to such a measure. 6. The Joint Committee shall within 30 days from the date of notification examine the information provided under paragraph 3 in order to facilitate a mutually acceptable resolution of the matter. In the absence of such resolution, the importing Party may adopt a measure pursuant to paragraph 4 to remedy the problem, and, in the absence of mutually agreed compensation, the Party against whose product the measure is taken may take compensatory action. The bilateral safeguard measure and the compensatory action shall be immediately notified to the other Parties and the Joint Committee. In the selection of the bilateral safeguard measure and the compensatory action, priority must be given to the measure which least disturbs the functioning of this Agreement. The compensatory action shall normally consist of suspension of concessions having substantially equivalent trade effects or concessions substantially equivalent to the value of the additional duties expected to result from the bilateral safeguard measure. The Party taking compensatory action shall apply the action only for the minimum period necessary to achieve the substantially equivalent trade effects and in any event, only while the measure under paragraph 4 is being applied. 7. Upon the termination of the measure, the rate of customs duty shall be the rate which would have been in effect but for the measure. 8. In critical circumstances, where delay would cause damage which would be difficult to repair, a Party may take a provisional emergency measure pursuant to a preliminary determination that there is clear evidence that increased imports constitute a substantial cause of serious injury, or threat thereof, to the domestic industry. The Party intending to take such a measure shall immediately notify the other Parties and the Joint Committee thereof. Within 30 days of the date of the notification, the procedures set out in paragraphs 2 to 6, including for compensatory action, shall be initiated. Any compensation shall be based on the total period of application of the provisional emergency measure and of the emergency measure. 9. Any provisional measure shall be terminated within 200 days at the latest. The period of application of any such provisional measure shall be counted as part of the duration of the measure set out in paragraph 5 and any extension thereof. Any tariff increases shall be promptly refunded if the investigation described in paragraph 2 does not result in a finding that the conditions of paragraph 1 are met. 10. Five years after the date of entry into force of this Agreement, the Parties shall review in the Joint Committee whether there is need to maintain the possibility to take safeguard measures between them. If the Parties decide, after the first review, to maintain such possibility, they shall thereafter conduct biennial reviews of this matter in the Joint Committee.

  • Safeguard Measures The Parties note the multilateral negotiations pursuant to Article X of GATS on the question of emergency safeguard measures based on the principle of non-discrimination. Upon the conclusion of such multilateral negotiations, the Parties shall conduct a review for the purpose of discussing appropriate amendments to this Agreement so as to incorporate the results of such multilateral negotiations.

  • Benchmarks for Measuring Accessibility For the purposes of this Agreement, the accessibility of online content and functionality will be measured according to the W3C’s Web Content Accessibility Guidelines (WCAG) 2.0 Level AA and the Web Accessibility Initiative Accessible Rich Internet Applications Suite (WAI-ARIA) 1.0 for web content, which are incorporated by reference.

  • Global Safeguard Measures Each Party retains its rights and obligations under Article XIX of the GATT 1994 and the WTO Agreement on Safeguards. In taking measures under these WTO provisions, a Party shall, consistent with WTO law and jurisprudence and in accordance with its domestic legislation, exclude imports of an originating product from one or several Parties if such imports do not in and of themselves cause or threaten to cause serious injury.

  • Human and Financial Resources to Implement Safeguards Requirements The Borrower shall make available necessary budgetary and human resources to fully implement the EMP and the RP.

  • CONTRACT WORK HOURS AND SAFETY STANDARDS As per the Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708), where applicable, all Customer Purchase Orders in excess of ,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

  • Technical Safeguards 1. USAC and DSS will process the data matched and any data created by the match under the immediate supervision and control of authorized personnel to protect the confidentiality of the data, so unauthorized persons cannot retrieve any data by computer, remote terminal, or other means. 2. USAC and DSS will strictly limit authorization to these electronic data areas necessary for the authorized user to perform their official duties. All data in transit will be encrypted using algorithms that meet the requirements of the Federal Information Processing Standard (FIPS) Publication 140-2 or 140-3 (when applicable). 3. Authorized system users will be identified by User ID and password, and individually tracked to safeguard against the unauthorized access and use of the system. System logs of all user actions will be saved, tracked and monitored periodically. 4. USAC will transmit data to DSS via encrypted secure file delivery system. For each request, a response will be sent back to USAC to indicate success or failure of transmission.

  • Safety Measures Awarded vendor shall take all reasonable precautions for the safety of employees on the worksite, and shall erect and properly maintain all necessary safeguards for protection of workers and the public. Awarded vendor shall post warning signs against all hazards created by the operation and work in progress. Proper precautions shall be taken pursuant to state law and standard practices to protect workers, general public and existing structures from injury or damage.

  • Service Level Standards In addition to all other requirements in this Agreement, and in accordance with the Best Claims Practices & Estimating Guidelines, Vendor shall use reasonable and good faith efforts to meet the Service Level Standards set forth below.

  • Contract Work Hours and Safety Standards Act The following clauses apply to any Federal-aid construction contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics include watchmen and guards.

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