Page 47 - STRATEGY FOR SUSTAINABLE AGRICULTUR AND RURAL DEVELOPMENT IN THE PERIOD 2021-2030 AND VISION TO 2050
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What is “safeguard”?
16. What is the composition of a
safeguard system?
A safeguard is a temporary restriction on import of
one or several types of goods when the rapid increase
in imports of such products causes or threatens
to cause serious injury to the domestic industry .
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Safeguards only apply to goods, not services,
investments or intellectual property. According to the
World Trade Organization (WTO) provisions, each
member has the right to apply safeguards but must
ensure compliance with the requirements of the WTO
(on terms, procedures, application methods and
safeguard measures) . The principles on the use
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of safeguard measures in the WTO are provided in
Article XIX of the General Agreement on Tariffs and
Trade (GATT) 1994 and the Agreement on Trade
Remedies). Member States must comply with these
WTO principles when developing their domestic
safeguard legislation. Lawsuits, investigations and
application of safeguard measures are conducted
following the domestic laws of each importing country
and following relevant WTO regulations.
An importing country may apply a safeguard
measure only after an investigation has been carried
out, and the existence of the following conditions has
been demonstrated:
• Related goods that are imported increase
dramatically in quantity.
• The sectors producing similar goods or those
directly competing with those goods suffer from
or are threatened with severe damages; and
• There is a causal relationship between the
sharply increased imports and the damage or
12 https://chongbanphagia.vn/bien-phap-tu-
ve-trong-thuong-mai-quoc-te-n418.html threat to cause the above mentioned damages.
A general condition is that the above situation
13 https://antidumping.vn/technical-barriers-
to-trade--third-edition-n22717.html must be a consequence of the implementation of
commitments in the WTO by members that did not
foresee when they made commitments. Along with that,
Guidelines for the Strategy for sustainable agriculture and rural development 47
in the period 2021-2030, and vision to 2050
