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Control of Goods (Amendment) Act, 2004

The Ministry responsible for commerce, trade and industry is responsible for decisions about safeguard measures and safeguard investigations. For safeguard investigations under this Part, the Mini…

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Jurisdiction: Zambia
Structure: 20 provisions
Citation: Act 12 of 2004
Dates: Undated source snapshot

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“The Ministry responsible for commerce, trade and industry is responsible for decisions about safeguard measures and safeguard investigations.”

The Ministry responsible for commerce, trade and industry is responsible for decisions about safeguard measures and safeguard investigations. For safeguard investigations under this Part, the Minister must constitute an Investigations Committee, and the members must elect a Chairperson and Vice-Chairperson from among themselves. A domestic industry must apply in writing to the Minister to request a safeguard or import-injury investigation. The Minister may also start such an investigation on the Minister’s own initiative. An application may be withdrawn before initiation and then is treated as not made. If the Minister starts a safeguard investigation, the Minister must notify the public, exporting countries, and the Committee, and participants must notify the Minister within 30 days of publication of the order. The Investigations Committee must finish a safeguard investigation within six months of commencement, and the Minister may extend that period by two more months.

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The Ministry responsible for commerce, trade and

The Ministry responsible for commerce, trade and industry is responsible for decisions about safeguard measures and safeguard investigations.

Section 4B

(!)The Investigations Committee shall

The Investigations Committee must conduct required safeguard investigations, consider relevant injury factors, and decide whether unforeseen developments and increased imports caused or threatened serious injury.

Section 4H

(1) The Investigations Committee shall, after conducting

The Investigations Committee must investigate and report; the Advisory Committee must consider that report and recommend to the Minister; the Minister may confirm the recommendation or send the matter back, and if no provisional safeguard measure is applied,…

Section 4M

The Minister shall progressively liberalise at regular

The Minister must progressively liberalise certain definitive safeguard measures that last more than one year.

Section 4R

The Minister may, by statutory instrument, make

The Minister may make regulations by statutory instrument to carry out this Part and prescribe anything this Part requires to be prescribed.

Section 4W

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Amendment 9Provision 7Commencement 2Substitution

§ 4BThe Ministry responsible for commerce, trade andSubstitution

The Ministry responsible for commerce, trade and industry is responsible for decisions about safeguard measures and safeguard investigations.

4B. The Ministry responsible for commerce, trade and industry shall be responsible for decisions relating to-- (a) the application, suspension or withdrawal of a safeguard measure and for decisions relating to the rnoclification or extension of the corresponding periods of application; and (b) the conduct ofa safeguard investigation. By the deletion of paragraph 4C and the substitution therefor of the following: Applica!ion, su_spens1on,. wtthdrawa1 and conduct of safeguard measures

Section 4BVerify source

§ 4C(1) For the purposes ofconducting a safeguard investigationAmendment

For safeguard investigations under this Part, the Minister must constitute an Investigations Committee, and the members must elect a Chairperson and Vice-Chairperson from among themselves.

4C. (1) For the purposes ofconducting a safeguard investigation under this Part the Minister shall constitute an Investigations Committee consisting of the following members: Constitution of . lnvest1gattons Committee . 64 No. 12 of2004] Control of Goods (Amendment) Commencc m:nt a finvestig:,tion Application of provisional safeguard measures (a) four representatives of the ministry responsible for commerce, trade and industry; (b) a representative of the ministry responsible for finance; (c) a representative of the ministry responsible for agriculture; (d) a representative of the ministry responsible for home affairs nominated from the Commercial Crimes Department; and (e) a representative of the Zambia Revenue Authority. (2) The members shall elect the Chairperson and the Vice ' Chairperson from an{ong their number.

Section 4CVerify source

§ 4D(!) A domestic industry shall, in writing, apply to theProvision

A domestic industry must apply in writing to the Minister to request a safeguard or import-injury investigation. The Minister may also start such an investigation on the Minister’s own initiative. An application may be withdrawn before initiation and then is treated as not made.

4D. (!) A domestic industry shall, in writing, apply to the Minister to cause a safeguard investigation or an investigation into whether increased imports of the investigated product threaten to cause serious injury to the domestic product. (2) The Minister may, ori· the Minister's initiative, cause a safeguard investigation or an investigation into whether increased imports of an investigated product threaten to cause injury to a domestic industry. (3) An application made under subsection (1) may be withdrawn prior to initiation and shall, in such a case be deemed not to have been made.

Section 4DVerify source

§ 4E(!) Where the Minister decides to cause a safeguardCommencement

If the Minister starts a safeguard investigation, the Minister must notify the public, exporting countries, and the Committee, and participants must notify the Minister within 30 days of publication of the order.

4E. (!) Where the Minister decides to cause a safeguard investigation, under section/our D the Minister shall notify (a) the public, by statutory order; (b) the exporting countries; in writing; and (c) the Committee, in accordance with the provisions of an Agreement; of the commencement of the investigation with effect from the date of publication of the statutory order and shall specify that anyone desiring to participate in the investigatiorl shall notify the Minister, in writing, within a period of thirty days from the date of publication of the order. (2) The statutory order referred to ih-�uhsection (!) shall contain such information as the Minister inay prescribe. (3) The Minister shall in determining whether to impose safeguard measures consider what action is appropriate and feasible under this Act to- ·• • • I • - Control of Goods (Amendment) [No. 12 of2004 65 (a) facilitate efforts by the domestic industry to make a positive adjustment to import competition; and (b) provide greater economic and social benefits than costs. (4) Where the Miriister detenriines that the cost ofimposing a safeguard measure exceeds ilationaf ecoriomic interest and is greater than the benefit to the requesting domestic industry, the Minister may determine not to impose a safeguard measure. ( 5) Where the Minister, after receipt of an application under this section decides, after col)Sidering a recommendation of the Investigations Committee, not to cause an investigation, the Minister shall inform the applicant and give reasons for not commencing the investigation .

Section 4EVerify source

§ 4F(I) The Investigations Committee shall complete aCommencement

The Investigations Committee must finish a safeguard investigation within six months of commencement, and the Minister may extend that period by two more months.

4F. (I) The Investigations Committee shall complete a safeguard investigation commenced under section.four Ewithin a period of six months from the date of commencement of the safeguard investigation. (2) Notwithstanding subsection (1), theMinistermayextend the period referred to in subsection (I) for a further period of two months. 4G (!) The Minister shall constitute anAdvisory Committee consisting of the following members: (a) the Permanent Secretary tq_ tJ-\e Ministry responsible for commerce, trade and industry; (b) the Director responsible for foreign trade in the Ministry responsible for commerce, trade and industry; (c) the Director responsible for domestic trade in the Ministry responsible for commerce, trade and industry; ( d) the Director responsible for industry in the Ministry responsible for commerce, trade and industry; (e) the Permanent Secretary responsible for budget and economic affairs in the Ministry responsible for finance and national planning; (J) the Permanent Secretary to the Ministry responsible · for foreign affairs; ' (g) the Commissionei'-General of the Zambia Revenue Authority; (h) the Permanent Secretary to the Ministry responsible · for agriculture; (!) a representative of the Attorney-General; and · (j) two other persons appointed by the Minister. (2) The members of the Advisory Committee referred toin subsection (1) shall be appointed by the Minister. Schedule of investigations Constitution of Advisory Committee 66 No. 12 of2004) Control of Goods (Amendment) ( (3) The Chairperson of the Advisory Committee shall be the Permanent Secretary to the Ministry responsible for commerce, trade and industry and the Vice-Chairperson shall be the Permanent Secretary to the Ministry responsible for finance and national planning. (4) Where any member referred to in subsection(!) is unable to attend any meeting of the Advisory Committee the member may, in writing, nominate another senior officer to attend the meeting in that member's stead and that person shail be deemed to be a member for the purposes of the meeting. (5) The Advisory Committee may invite any person whose presence is, in its opinion, desirable to attend and participate in any meetings under this Part but such person shall have no vote. Functions of Investigations Committee and detennination of conditions of safeguard measure ( 6) Six members shall make a quorum.

Section 4FVerify source

Part

Schedule of

§ 4H(!)The Investigations Committee shallAmendment

4H. (!)The Investigations Committee shall- I • (a) conduct any safeguard investigation required in accordance with the applicable Agreement; and (b) in conducting a safeguard investigation take into account all relevant injury factors including those required under an Agreement such as the following: (i) the rate and amount of the increase in imports of the investigated product, in absolute tenns and relative to domestic production of like or directly competitive products to the investigated product; (ii) the share ofth<- domestic market taken b y increased imports of' the investigated product; (iii) the price of the investigated product in relation to the domestic like or directly competitive products; (iv) the impact of increased imports of the investigated product as evidenced by specific indicators in cluding production, changes in· the level of sales, capacity utilisation, inventories, sales and market share prices, profits and losses, and employment; -. .. . Control of Goods (Amendment) [No. 12 of 2004 67 (v) factors other than increased imports of the investigated product which may cause or threaten to cause serious injury to the domestic industry; (vi) the actual and potential export capacity of the country of production or origin of the investigated product, in case of threat of serious injury; (vii) inventories of an investigated product in the country of exportation; (viii) probability of exports of investigated products to enter the Republic in increasing quantities in the case of threat of serious injury; and (ix) any other factor considered relevant by the Investigations Committee. (2) Where at the same time other factors in addition to increased imports of the investigated product cause or threaten to cause injury to the domestic industry, such injury shall not be attributed to the increased imports. (3) The Investigations Committee shall determine whether unforeseen developments led to the product being imported in such increased quantities and such conditions as to cause or threaten to cause serious injury to domestic products.

Section 4HVerify source

§ 41( 1) The Investigations Committee mayAmendment

The Investigations Committee may request information and data and conduct investigations. It must also solicit and consider the views of affected producers, users, and consumers in its report and recommendations.

41. ( 1) The Investigations Committee may- ( a) request for information and data from participating interested parties, officers from the Zambia Revi:mue Authority, clearing or forwarding companies and other persons from the public and the private sector which it considers relevant for the performance of its investigative functions; and (b) conduct investigations to verify or obtain further details concerning information submitted under paragraph (a). (2) The Investigations Committee shall solicit the views of representatives of affected producers, users and conswners of the product produced by the affected industry and shall consider them in its report and recommendations. Powers of Investiiptions Committee .· . .. 68 No. 12 of 2004] Control of Goods (Amendment) Confidentia lity of infonnation Conduct of investigations

Section 41Verify source

§ 4J(1) The members of the Investigations Committee andOffence

Committee members must keep qualifying information confidential; others must not disclose covered information without written consent; breaches can be offences with fines or imprisonment.

4J. (1) The members of the Investigations Committee and theAdvisory Committee s\lall treat as confidential any information or data submitted to them under this Part, which is confidential in nature or submitted on a confidential basis and which the Investigations Committee. considers warrants confidential treatment: Provided that where the Investigations Committee does not consider the information or data submitted to it under this Part to be confidential and if the provider of the information is unwilling to make the information public, the Investigations Committee shall not consider that information to be part of its investigations. (2) A person shall not without the consent, in writing, publish or disclose to any person otherwise thai1 in the course of duties, the contents of any document, communication or information whatsoever, which relates to and which has come to that person's knowledge in the course of duties under this Part. (3) Any person who contravenes the provisions of subsection (1) or (2) commits an offence and shall be liable, upon conviction, to a fine not exceeding twelve thousand five hundred penalty units or to imprisonment for a term not exceeding three years, or · to both. ( 4) If any person having information which to that person's knowledge has been published or disclosed·in contravention of subsection (1) unlawfully publishes or communicates any such information to any other person, that person commits an offence and shall be liable, upon conviction, to a fine not exceeding twelve thousand five hundred penalty units or to imprisonment for a term not exceeding three years, or to both.

Section 4JVerify source

Part

Part to be confidential and if the provider of the information

§ 4KWhere the Minister decides that a safeguard investigationAmendment

If the Minister decides to hold a safeguard investigation, the Investigations Committee must take submissions, consider them, and make recommendations to the Minister.

4K. Where the Minister decides that a safeguard investigation should be conducted.under this Act, the Investigations Committee shall receive and consider oral and written submissions from participating interested parties within such times as the Minister may prescribe, in order to determine and recommend to the Minister- (a) whether provisional safeguard measures should be imposed; (b) the necessity to conduct a public hearing on the matter; (c) whether definitive safeguard measures should be imposed; or ( d) whether the safeguard investigation should be discontinued. Control of Goods (Amendment) [No. 12 of 2004 69

Section 4KVerify source

§ 4L( 1) Where a hearing is to be conducted as part of aProvision

Before a safeguard-investigation hearing, the Minister must publish a Gazette notice at least 60 days in advance with the hearing details, and interested parties who want to make representations must notify the Investigations Committee at least 7 days before the hearing and provide their representatives’ and witnesses’ names.

4L. ( 1) Where a hearing is to be conducted as part of a safeguard investigation under this Part the Minister shall, not less than sixty days before the conunencement date of the hearing, by Gazette notice, notify the public- Conduct of hearing Committee; (a) that the hearing will be conducted by the Investigations (b) the date, duration, venue and time of the hearing; and (c) that participating interested parties intending to make representations at the hearing should notify the Investigations Committee at least seven days before the date of the hearing, and submit the names of their representatives and the witnesses who will appear at the hearing.

Section 4LVerify source

§ 4M(1) The Investigations Committee shall, after conductingAmendment

4M. (1) The Investigations Committee shall, after conducting safeguard investigations including the conduct of a hearing where applicable, make a detennination on the basi.s of the information available to it and submit a report and recommend to the AdvisoryCommittee- (a) that a provisional safeguard measure should be imposed or extended; (b) that a provisional safeguard measure should not be imposed; Detennination of investigations ) . ·- (c) that a definitive safeguard measure should be imposed or extended; I (d) that a definitive safeguard measure should not.be imposed and the investigation terminated; or (e) the nature and duration of any measure recommended. (2) The Advisory Committee shall after receiving and considering the report and recommendation of the Investigations Committee, make a recommendation to the Minister on the basis of the information available to it and subsection (1) shall, with necessary modification, apply to the Advisory Committee. (3) The Minister may, on receipt of the reconunendation of the Advisory Committee and in consultation with the Minister responsible for finance- (a) confirm the determination of the Advisory Committee; or (b) refer the matter to the Advisory Committee for further investigation by the Investigations Committee. (4) Where the Minister in accordance with subsection (3), decides not to apply a provisional safeguard measure, the Minister shall, by Gazette notice, publish a notice which shall contain the following information: . 70 No. 12 of 2004] Control of Goods (Amendment) -' - (a) the decision not to apply a provisional safeguard measure; (b) a comprehensive description of the investigated product, including its technical characteristics and uses, and an identification of its tariff classification and the duties applicable; (c) a comprehensive description of the domestic like or directly competitive product; (d) the reasons for the decision not to apply provisional safeguard measures; and (e) a statement indicatingwhetherthe investigation will be terminal or that the investigation will continue to the final phase of determining tlie application of a definitive safeguard measure or otherwise:· (5) The Investigations Committee and theAdvismy Committee shall, in performing the functions assigned to them under this Act- (a) be bound by the provisions of this law and any regulations made under it; and (b) perform their functions in an impartial and transparent manner.

Section 4MVerify source

§ 4N(1) The Minister shall, in consultation with the MinisterProvision

The Minister must decide whether to apply a definitive safeguard measure, and if so publish a Gazette report, issue a statutory notice, notify the Committee, and start consultations.

4N. (1) The Minister shall, in consultation with the Minister responsible for filiance consider·the recommendation of the investigations Committee ahd the Advisory Committee determine whether definitive safeguard measures be applied. (2) Where the Minister in accordance with subsection (1) determines that a definitive safeguard measure is to be applied- ( a) the Minister shall cause a report of the proceedings of investigations of the Investigations Committee and findings, including a . detailed analysis of the information obtained in the investigations and the conclusions of the investigations, to be published in the Gazette; (b) the Minister shall, by statutory instrument, issue a notice ofapplication of the definitive safeguard measure · containing such other information as may, by regulation, be prescribed. (3) Where the Minist�r-decides to apply a definitive safeguard measure under this section, the Minister shall, on behalf of the Republic, notify the Committee and shall initiate consultations in accordance with the relevantAgreement. (4) Subject to subsection (5) a definitive safeguard Jlleasure Imposition of definitive safeguard measure I Control of Goods (Amendmen!) [No. 12 of 2004 71 Quotas as definitive safeguard measure shall be applied for a period consistent with the applicable international agreement and the period of application of any provisional safeguard measure unless otherwise extended under thisAct. (5) Where the WTO Agreement on Safeguards is used, definitive safeguard measures shall be applied for a period of not more than four years. (6) The period of years referred to in subsection (5) shall include the period of application of any safeguard measure, unless otherwise extended under this Act. (7) Notwithstanding subsection (5), a definitive safeguard measure shall be applied for a total cumulative period ofnot more than eight years, including the period ofapplication of any provisional safeguard measure, and any extension of a definitive safeguard measure, shall be in accordance with the provisions of the Agreement.

Section 4NVerify source

§ 40(!) Subject to the other provisions of this section,Amendment

This section sets rules for safeguard import quotas, including when the Minister may lower quotas, how quotas may be allocated among supplying countries, and how an investigation may be ended.

40. (!) Subject to the other provisions of this section, definitive safeguard measures in the form of quota on imports of the investigated product shall be taken consistently and in accordance with the applicable international Agreement and the WTO Agreement on Safeguards and s\lJ!ll not reduce the quantity of those imports below the average level registered in the most recent three years for which statistics are available. (2) Notwithstanding subsection (!) the Minister may, on the recommendation oftheAdvismyCommittee, when satisfied that a different level is necessary to prevent or remedy serious iajury or threat of serious injury, apply quotas which reduce the quantity ofimports of the investigated product below the average level registered in the most recent three years for which statistics are available. (3) Subject to the other provisions of this section, in the case of safeguard measures being applied pursuant to_ the WTO Agreement on Safeguards where more than one country exports the investigated product to the Republic, the application of a definitive safeguard measure in the form of quota on imports shall be allocated among supplying countries in such proportions as may be agreed by the Government and the Governments of those Members having substantial interest in supplying the investigated product based on- (a) the proportions of the investigated productst1pplied by such countries during the previous three years; and (b) any special factor which may have affected or may be affecting trade in the investigated product. l ·' . 72 No. 12 of2004] Control of Goods (Amendment) (4) Notwithstanding subsection (3) where serious injury to the domestic industry has been established, the Minister may, on the recommendation of the Advisory Committee, allocate quotas among the supplying countries on a basis different from the agreement referred to in subsection (3) if consultations have been held with supplying Members under the auspices of the Committee and evidence is submitted to the Committee that- (a) imports from certain countries have increased in disproportionate percentage in relation to the total increase in imports of the investigated products during the most recent three years according to available statistics; and (b) the conditions of the allocation of quotas are equitable . to all suppliers concerned. (5) Notwithstanding any other provisions of this Part, a definitive safeguard measure in the form ofa quota allocated in accordance with subsection ( 4) shall not be extended beyond the initial period. . 4P. ( I ) The Minister may, after considering the recommendations of the fuvestigations Committee, the Advisory Committee and any views of any interested party including the · private sector and consumers, terminate an investigation under this Part on. the ground that the application of a safeguard measure on the available evidence is not justifiable. (2) Where the Minister terminates a safeguard investigation under subsection (!), the Minister shall inform the exporting countries of the investigated product and the Committee in accordance with the requirements of the Committee under the Agreement and shall publish the decision to terminate the safeguard investigation, with reasons therefor in the Gazette.

Section 40Verify source

§ 4QNotwithstanding the other provisions of this Part, aAmendment

A definitive safeguard measure must not be applied to imports of the investigated product from a developing-country Member if that Member’s imports are 3% or less of total imports.

4Q. Notwithstanding the other provisions of this Part, a definitive safeguard measure applied pursuant to the WTO Agreement on Safeguards shall not be applied on imports of the investigated product originating from a Member which is a developing country where the imports amount to not more than three percent ofthe Republics total of the investigated product: Provided that Members that are developing countries with less than a three percent import share collectively account for not more than nine percentofthe total imports of the product concerned. Notification in the event of tennination of investigation without application of safeguard measure Non application ofclefinitive safeguard measures to certain developing countries Control of Goods (Amendment) [No. 12 of 2004 73 Progressive liberalisation of safeguard measure Review of definitive safeguard measure

Section 4QVerify source

§ 4RThe Minister shall progressively liberalise at regularProvision

The Minister must progressively liberalise certain definitive safeguard measures that last more than one year.

4R. The Minister shall progressively liberalise at regular intervals a definitive safeguard measure whose duration exceeds one year, in accordance with the schedule of liberalisation published in the notice of definitive safeguard measures under paragraph (b) of subsection (2) ofsectionfour N.

Section 4RVerify source

§ 4S(1) If the duration ofa definitive safeguard measureAmendment

If a definitive safeguard measure on quotas has lasted more than three years, the Minister must trigger a review, the committees must report and recommend next steps, and the Minister must publish and notify the final decision.

4S. (1) If the duration ofa definitive safeguard measure relating to quotas including the period of application of any provisional measure exceeds three years, the Minister shall cause the Investigations Committee to conduct a review in accordan.ce with section four H to four M of this Part, including a review of the effects of the definitive safeguard measure on the domestic industry concerned and the industry's progress in implementing its adjustment plan. (2) The Investigations Committee shall produce results of the review referred to in subsection (I) in a report, with recommendations as to whether a definitive safeguard measure should be continued, withdrawn or the pace ofliberalisation be increased, which shall be provided to the Advisory Committee and the Minister for consideration and which the Minister shall publish in a Gazette notice. (3) The Advisory Committee shall, after receiving and considering the report and recommendation of the Investigations Committee, make a recommendation on · the basis of the information available to it to the Minister to-. ) (a) maintain the definitive safeguard measures and the nature and duration of any measures; (b) withdraw the definitive safeguard measure; or (c) increase the pace of liberalisation of the definitive safeguard measure. (4)TheMinister shallonthereceiptoftherecommendations of the Investigations Committee, the Advisory Committee and in consultation with the interested parties including the private sector and consumers determine whether to- (a) maintain the definitive safeguard measure and the nature and duration of any.measure; (b) withdraw the definitive safeguard measure; or (c) increase the pace of liberalisation of the definitive safeguard measure. (5) The decision of the Minister under subsection ( 4) shall I»- (a) published in the Gazette; and (b) notified to the Committee in accordance with the provisions oftheAgreement. 74 No.12 of2004] Control of Goods (Amendment) Exten sion.of definitive safeguard in relation to quotas C

Section 4SVerify source

§ 4T(1) If the domestic industry considers that there isAmendment

The domestic industry must apply in writing for an extension of a safeguard measure at least six months before the measure ends, and the Minister must follow investigation and notice steps before extending it.

4T. (1) If the domestic industry considers that there is continuing need to apply a definitive safeguard measure on imports beyond the initial period of application, it shall, six months before the end of the period of application of a safeguard measure submit a written request for extension of the measure to the Minister with evidence showing that the industry is carrying out its adjustment plan. (2) Where a written request by the domestic industry is submitted to the Minister under subsection (!), the Minister shall cause the Investigations Committee to conduct a safeguard investigation in accordance with this Part to determine whether an extension of the application ofa definitive safeguard measure is warranted. (3) Subject to the other provisions of this Part, a definitive safeguard measure shall be extended not more than twice for a total period often years. (4) The Minister shall, after considering the report of the Investigations Committee and· the recommendation of the AdvismyCommittee, in consultation with the !viinisterresponsJble for finance, the interested parties, extend the application ofa definitive safeguard measure if satisfied that the conditions of the relevant Agreement have been met and in the case of the WTO Agreement on Safeguards that extending the measure is necessary to prevent or remedy serious injury and that there is evidence to show that the domestic industry is adjusting. (5) Where the Minister decides to extend the application ofa definitive safeguard measure under subsection (4), the Minister shall- (a) by statutory notice, publish a notice of extension of application of a definitive safeguard measure which shall include the duration of the extension and the time schedule to progressively liberalise the measure; and (b) notify the Committee in accordance with the Agreement and shall initiate such consultations as may be required by the applicable Agreement. (6) Where the application ofa definitive safeguard measure is extended under this section, the safeguard measure shall not be more restrictive than that applied at the initial instance. (7) During the period that the application of a definitive safeguard measure is extended, the safeguard measure shall be progressively liberalised in accordance with the schedule to be published in the notice to extend the safeguard measure published in the Gazette under subsection (5). The Control of Goods (Amendment) [No. 12 of 2004 75

Section 4TVerify source

§ 4U( 1) The Minister may in accordance with the provisionsProvision

The Minister may re-apply safeguard measures to certain imports, including for up to 180 days in one case, if the stated international-agreement and timing conditions are met.

4U. ( 1) The Minister may in accordance with the provisions of the applicable international agreement re-apply a safeguard measure to imports of an investigated product which was the subject of an earlier safeguard measure. Re-applica tion ofa definitive safeguard measure (2) The Minister may in accordance with the WTO Agreement on Safeguards apply a safeguard measure to the imports of a product which has been subject to such a definitive safeguard measure, first applied after 1 January 1995: Provided that a period equal to one half of the duration of an earlier definitive safeguard measure has elapsed and not less than two years have elapsed. (3) Notwithstanding subsection (2), the Minister may in accordance with the WTO Agreement on Safeguards, apply a safeguard measure for not more than one hundred and eighty days in relation to imports of an investigated product which was the subject ofan earlier safeguard measure if- (a) a period of one year has elapsed since the date of application of the earlier safeguard measure on those imported products; (b) a safeguard measure has not been applied on imports of the product more than twice in the period of five years immediately preceding the date on which the new safeguard measure is to take effect; and (c) an investigation has been conducted by the Investigations Committee in accordance with sections four H tofour M.

Section 4UVerify source

§ 4VAny action taken by the Minister under sections four M toProvision

Ministerial actions under sections 4M to 4U must take effect within 20 working days of the statutory instrument date.

4V. Any action taken by the Minister under sections four M to four U of this Act shall take effect within twenty working days from the date of the statutory instrument. Detennination to take effect within twenty days

Section 4VVerify source

§ 4WThe Minister may, by statutory instrument, makeProvision

The Minister may make regulations by statutory instrument to carry out this Part and prescribe anything this Part requires to be prescribed.

4W. The Minister may, by statutory instrument, make regulations for the carrying out of the provisions of this Part and for prescribing anything which by this Part is required to be prescribed. Regulations on safeguard measures 76 . '. , \

Section 4WVerify source

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