Lampiran 1 sepatutnya berkuat kuasa jika langkah itu tidak dikenakan.
P.U. (A) 62 7
11.
Walau apa pun peruntukan dalam Perkara ini, tiada Pihak boleh mengambil langkah perlindungan AIFTA atas barangan yang tindakan telah dikenakan menurut
Perkara XIX GATT 1994 dan Perjanjian mengenai Pelindung atau Perkara 5 Perjanjian mengenai Pertanian. Apabila suatu Pihak ingin mengenakan, menurut Perkara XIX
GATT 1994 dan Perjanjian mengenai Pelindung atau Perkara 5 Perjanjian mengenai
Pertanian, tindakan atas barangan yang sedang dikenakan langkah perlindungan AIFTA,
Pihak itu hendaklah menamatkan langkah perlindungan AIFTA itu sebelum pengambilan tindakan dikenakan menurut Perkara XIX GATT 1994 dan Perjanjian mengenai Pelindung atau Perkara 5 Perjanjian mengenai Pertanian.
12.
Semua komunikasi dan dokumentasi rasmi yang ditukarkan antara Pihak-Pihak dan dengan Jawatankuasa Bersama yang berhubungan dengan langkah perlindungan
AIFTA hendaklah secara bertulis dan dalam bahasa Inggeris.
Dibuat 10 Mac 2015
[MITI:ID/AP/(S)/SG/1; PN(PU2)647/IV]
DATO’ SRI MUSTAPA BIN MOHAMED
Menteri Perdagangan Antarabangsa dan Industri
P.U. (A) 62 8
SAFEGUARDS ACT 2006
SAFEGUARDS (SAFEGUARD MEASURE) (AGREEMENT ON TRADE IN GOODS UNDER
THE FRAMEWORK AGREEMENT ON COMPREHENSIVE ECONOMIC CO-OPERATION
BETWEEN THE ASSOCIATION OF SOUTHEAST ASIAN NATIONS AND
THE REPUBLIC OF INDIA) REGULATIONS 2015
IN exercise of the powers conferred by subsection 40A(2) of the Safeguards Act 2006
[Act 657], the Minister makes the following regulations:
Citation and commencement 1.
(1)
These regulations may be cited as the Safeguards (Safeguard Measure)
(Agreement on Trade in Goods under the Framework Agreement on
Comprehensive Economic Co-operation between the Association of Southeast
Asian Nations and the Republic of India) Regulations 2015.
(2)
These Regulations come into operation on 1 April 2015.
Interpretation 2.
In these Regulations—
“AIFTA” means the ASEAN-India Free Trade Area under the Framework
Agreement on Comprehensive Economic Co-operation between the Association of
Southeast Asian Nations and the Republic of India;
"MFN" means most-favoured-nation;
“Agreement” means the Agreement on Trade in Goods under the Framework
Agreement on Comprehensive Economic Co-operation between the Association of
Southeast Asian Nations and the Republic of India signed on 13 August 2009 at
Bangkok, Thailand;
“Framework Agreement” means the Framework Agreement on Comprehensive
Economic Co-operation between the Association of Southeast Asian Nations and the
Republic of India signed on 8 October 2003 at Bali, Indonesia;
P.U. (A) 62 9
“Party” means a party to the Framework Agreement individually referring to a
Member State of the Association of Southeast Asian Nations or the Republic of India;
“Parties” mean the parties to the Framework Agreement.
Objective 3.
The objective of these Regulations is to implement the provisions on the safeguard measure under the Agreement.
Safeguard measure 4.
The application of the safeguard measure in relation to the increased imports of the goods from the Member States of the Association of Southeast Asian Nations and the
Republic of India which have caused or threaten to cause serious injury to the domestic industry is subject to the provisions of the Schedule.
P.U. (A) 62 10
SCHEDULE
[Regulation 4]
Safeguard Measures
(Article 10 of the Agreement)
1.
Each Party, which is a WTO Member, retains its rights and obligations under
Article XIX of GATT 1994 and the Agreement on Safeguards in Annex 1A to the WTO
Agreement (Agreement on Safeguards) and Article 5 of the Agreement on Agriculture in
Annex 1A to the WTO Agreement (Agreement on Agriculture). Any action taken pursuant to Article XIX of GATT 1994 and the Agreement on Safeguards or Article 5 of the Agreement on Agriculture shall not be subject to the Agreement on Dispute
Settlement Mechanism under the Framework Agreement (ASEAN-India DSM
Agreement).
2.
A Party shall have the right to initiate a safeguard measure under this Article
(an AIFTA safeguard measure) on a good within the transition period for that good.
The transition period for a good shall begin from the date of entry into force of this
Agreement and end five (5) years from the date of completion of tariff reduction/elimination for that good.
3.
A Party shall be free to take an AIFTA safeguard measure if, as an effect of the obligations incurred by that Party under this Agreement, a good is being imported from the other Parties to which tariff concession was made for that good in such increased quantities, absolute or relative to domestic production, and under such conditions so as to substantially cause or threaten to cause serious injury to the domestic industry of the importing Party that produces like or directly competitive goods in its territory.
4.
If an AIFTA safeguard measure is taken, a Party taking such a measure may:
(a)
suspend the further reduction of any tariff rate under this
Agreement for the good; or
P.U. (A) 62 11
(b)
increase the tariff rate on the good concerned to a level not to exceed the lesser of:
(i)
the applied MFN tariff rate on the good in effect at the time the action is taken; or
(ii)
the applied MFN tariff rate on the good in effect on the day immediately preceding the date of entry into force of this
Agreement.
5.
An AIFTA safeguard measure may be maintained for an initial period of up to three (3) years and may be extended for a period not exceeding one (1) year if it is determined pursuant to the procedures referred to in paragraph 6 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.
Notwithstanding the duration of an AIFTA safeguard measure on the good, such a measure shall terminate at the end of the transition period for that good.
6.
In applying an AIFTA safeguard measure, the Parties shall adopt and apply, mutatis mutandis, the rules for the application of safeguard measures, including provisional measures, as provided under the Agreement on Safeguards, with the exception of the quantitative restriction measures set out in Articles 5 and 7, and also,
Articles 9, 13, and 14 of the Agreement on Safeguards.
7.
An AIFTA safeguard measure shall not be applied against a good originating in the territory of a Party so long as its share of imports of the good concerned in the importing Party does not exceed three (3) per cent of the total imports of that good from the other Parties.
P.U. (A) 62 12
8.
In seeking compensation under Article 8 of the Agreement on Safeguards for an
AIFTA safeguard measure, the Parties concerned shall seek the good offices of the Joint
Committee established under Article 17 to determine the substantially equivalent level of concessions to that existing under this Agreement between the Party taking the safeguard measure and the exporting Parties which would be affected by such a measure prior to any suspension of equivalent concessions. Any proceedings arising from such good offices shall be completed within 90 days from the date on which the
AIFTA safeguard measure was applied.
9.
If no agreement on the compensation is reached within the timeframe specified in paragraph 8, the Parties concerned shall be free to suspend the application of tariff concessions under this Agreement, which is substantially equivalent to the AIFTA safeguard measure on originating goods of the Party applying the AIFTA safeguard measure.
10.
On a Party’s termination of an AIFTA safeguard measure on a good, the tariff rate for that good shall be the rate that, according to that Party’s schedule of tariff reduction and elimination as set out in Annex 1 would have been in effect had the measure not been applied.
11.
Notwithstanding the provisions of this Article, no Party may impose an AIFTA safeguard measure on a good to which actions are being applied pursuant to Article XIX of GATT 1994 and the Agreement on Safeguards or Article 5 of the Agreement on
Agriculture. When a Party intends to apply, pursuant to Article XIX of GATT 1994 and the Agreement on Safeguards or Article 5 of the Agreement on Agriculture, an action on a good to which an AIFTA safeguard measure is being applied, it shall terminate the
AIFTA safeguard measure prior to the imposition of the action to be applied pursuant to
Article XIX of GATT 1994 and the Agreement on Safeguards or Article 5 of the
Agreement on Agriculture.
12.
All official communications and documentations exchanged among the Parties and with the Joint Committee relating to an AIFTA safeguard measure shall be in writing and shall be in the English language.
P.U. (A) 62 13
Made 10 March 2015
[MITI:ID/AP/(S)/SG/1; PN(PU2)647/IV]
DATO’ SRI MUSTAPA BIN MOHAMED
Minister of International Trade and Industry