News 11 Oct. 2023
Curtis Team Instrumental in Shareholder Approval of a New Multilateral Treaty to Transform Pan-African Housing Finance Institution Shelter Afrique into a Development Bank
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Event 23 Aug. 2023
Partner Borzu Sabahi Speaks at the 52nd IDRI Professional Accreditation & Membership Programme
Event 18 Aug. 2023
Partner Borzu Sabahi Speaks at FDI Moot Shenzhen
News 25 Jul. 2023
Partner Eric Gilioli Ranked in Top 10 Influential Energy & Natural Resources Lawyers in Kazakhstan in Business Today
Article 22 Aug. 2023
Fuad Zarbiyev Publishes Article in Journal of International Economic Law
Client Alert 14 Aug. 2023
The EU’s Market in Crypto Assets (MiCA) Regulation: The Highlights
Event 22 Aug. 2023
Partner Dr. Claudia Frutos-Peterson to Speak at Arbitration and ADR Commission of the ICC Mexico
Event 11 Jul. 2023
Partner Elisa Botero Speaks on the Role of the ICC in Investment Disputes
News 15 Aug. 2023
Legal Reader Publishes Article on Dr. Majed Alotaibi’s Arrival as Senior Counsel in Curtis’ Riyadh Office
News 31 Jul. 2023
Curtis Welcomes Senior Saudi Advisor, Dr. Majed Alotaibi, to its Riyadh Office
News 24 Aug. 2023
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News 06 Mar. 2023
Russia Sanctions at the First Anniversary: An Overview of Current Sanctions in the US, UK, and EU and How Global Companies Can Navigate Evolving and Conflicting Sanctions Regimes
Client Alert 30 Aug. 2022
The EU Adopts the “Maintenance and Alignment” Sanctions Package
Client Alert 24 Jun. 2021
Update on Virtual Notarization (Executive Order 202.7) During the COVID-19 (Coronavirus) Pandemic (Updated: June 24, 2021) — U.S. Insight
Update on Virtual Witnessing (New York Executive Order 202.14) During The COVID-19 (Coronavirus) Pandemic (Updated: June 24, 2021) — U.S. Insight
International Trade
Safeguard measures are measures introduced by a country that qualify as “emergency” actions under the WTO Agreement on Safeguards. These actions are intended to prevent or mitigate serious injury to the member state’s domestic industry. They can include tariffs, duties, or other trade barriers that reduce the flow of a good into an importing country’s borders.
A safeguard tariff is a type of safeguard measure designed to restrict the flow of a particular type of good into an importing country in cases where continued importation could seriously injury domestic industry. In order to qualify as trade safeguard measures, these tariffs are required to have sunset clauses (or time limits).
A safeguard duty is a type of safeguard measure designed to reduce the flow of a good into an importing country in situations where its continued importation could lead to serious injury to a domestic industry. Like safeguard tariffs, safeguard duties must typically contain sunset clauses, and are usually imposed by an importing country against all other nations (as opposed to one specific member country).
A legal safeguard is any safeguard measure that complies with the requirements set out in the WTO Agreement on Safeguards. Safeguard measures that violate these principles and rules, or fail to incorporate required components, are considered illegal and may lead to international trade disputes and a requirement that a member state pay compensation or face retaliatory measures.
The purpose of a safeguard measure is to prevent serious injury to a domestic injury that might be caused by the importation, or continued importation, of a particular good or category of goods. It is an emergency action under the WTO Agreement on Safeguards and is designed as a “failsafe” to prevent catastrophic damage to a local industry.
A safeguard duty is a type of customs duty imposed by emergency action under the WTO Agreement on Safeguards. It is designed to prevent harm and injury to a domestic industry that would face intense competitive pressure from the continued importation of a particular good.
In the international trade context, “safeguarding” something means to impose a safeguard measure to prevent the flow of goods into a nation’s borders in order to keep a domestic industry from suffering serious harm or injury. It is an emergency action designed to act as a last resort against economic loss caused by international trade.
Daniel Porter
Partner
ITC Injury Proceedings
WTO and International Trade Dispute Settlement
Trade Remedy Practice
Economic Sanctions
Washington, D.C.
+1 202 452 7373
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+86 10 8564 6200
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+32 2 313 37 31
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+41 22 718 3500
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