37. Extension of a definitive safeguard measure

Upon the Government’s own initiative or upon duly substantiated request, an extension of a definitive safeguard measure beyond the initial period and in conformity with the procedures set out in sections 8, 9, 16, 21, 23 and 25 may be granted—

An extended definitive safeguard measure shall not be more restrictive than at the end of the initial period of application. During the extension period, the measure shall continue to be progressively liberalized in accordance with the schedule published in a notice to extend a definitive safeguard measure.

In extending a definitive safeguard measure exceeding three years, the Government shall endeavour to maintain a substantially equivalent level of concessions and other obligation to that existing under GATT 1994 between Malaysia and the exporting Members, which would be affected by such measure.

The requirements pertaining to notification to the Committee and to the WTO Council for Trade in Goods as provided in subsections 21(1), 23(4) and 27(3), and the requirements pertaining to consultations with those Members having a substantial interest as exporters of the product concerned as provided for in subsection 27(2)