Common use of Structural Adjustment Clause in Contracts

Structural Adjustment. 1. Exceptional measures of limited duration, which derogate from the provisions of Article 4, may be taken by Egypt in the form of increased customs duties. 2. These measures may only concern infant industries, or certain sectors undergoing restructuring or facing serious difficulties, particularly where these difficulties produce important social problems. 3. Customs duties applicable on imports into Egypt to products originating in Turkey introduced by these measures may not exceed 25% ad valorem and shall maintain an element of preference for products originating in Turkey. The total value of imports of the products, which are subject to these measures, may not exceed 20 % of total imports of industrial products from Turkey as defined in Article 3, during the last year for which statistics are available. 4. These measures shall be applied for a period not exceeding five years unless a longer duration is authorized by the Joint Committee. They shall cease to apply at the latest on the expiry of the transitional period. 5. No such measures can be introduced in respect of a product if more than three years have elapsed since the elimination of all duties and quantitative restrictions or charges or measures having an equivalent effect concerning that product. 6. Egypt shall inform the Joint Committee of any exceptional measures she intends to take. At the request of Turkey, consultations shall be held in the Joint Committee on such measures and the sectors to which they apply before they are applied. When taking such measures Egypt shall provide the Joint Committee with a schedule for the elimination of the customs duties introduced under this Article. This schedule shall provide for a phasing out of these duties starting at the latest two years after their introduction, at equal rates. The Joint Committee may decide on a different schedule.

Structural Adjustment. 1. Exceptional measures of limited duration, duration which derogate from the provisions of Article 4, 5 may be taken by Egypt Tunisia in the form of increased customs duties. 2. These measures may only concern infant industries, or certain sectors undergoing restructuring or facing serious difficulties, particularly where these difficulties produce important social problems. 3. Customs duties applicable on imports into Egypt Tunisia to products originating in Turkey introduced by these measures may not exceed 25% ad valorem and shall maintain an element of preference for products originating in Turkey. The total value of imports of the products, which are subject to these measures, may not exceed 20 20% of total imports of industrial products from Turkey as defined in Article 34, during the last year for which statistics are available. 4. These measures shall be applied for a period not exceeding five years unless a longer duration is authorized by the Joint Association Committee. They shall cease to apply at the latest on the expiry of the transitional period. 5. No such measures can be introduced in respect of a product if more than three years have elapsed since the elimination of all duties and quantitative restrictions or charges or measures having an equivalent effect concerning that product. 6. Egypt Tunisia shall inform the Joint Association Committee of any exceptional measures she intends to take. At the request of Turkey, consultations shall be held in the Joint Association Committee on such measures and the sectors to which they apply before they are applied. When taking such measures Egypt Tunisia shall provide the Joint Association Committee with a schedule for the elimination of the customs duties introduced under this Article. This schedule shall provide for a phasing out of these duties starting at the latest two years after their introduction, at equal rates. The Joint Association Committee may decide on a different schedule.