The Safeguard Measures Ordinance, 2002
The Safeguard Measures Ordinance, 2002 (the “Safeguard Law”) was enacted for giving effect in Pakistan to the provisions of Article XIX of General Agreement on Tariffs and Trade, 1994; and to the Agreement on Safeguard. The Safeguard Law provide a framework for investigation and determination of serious injury or threat of serious injury caused by products imported into Pakistan. For determining threat of serious injury, the National Tariff Commission (the “Commission”) shall mainly evaluate whether the imports of an investigated product shall enter into domestic market in increasing quantities.
The application under Safeguard Law can be given by or on behalf of domestic industry. On examination of adequacy and accuracy of information the Commission shall decide within thirty (30) days whether to initiate investigation or not. A suo-moto action can also be taken by Commission to initiate an investigation. Once the investigations are initiated a notice to the Government is given and a notice to the WTO committee on safeguards is given by the Government.
The Safeguard Law was amended by Safeguard Measures (Amendment) Act, 2015 which has omitted Sections 39, 40, 41 and 44 of the Safeguard Measures Ordinance, 2002. Furthermore, the Section 46 of the Safeguard Law was also amended.
