RESTRICTED
WORLD TRADE G/SG/Q1/KEN/2
19June1997
ORGANIZATION(97-2508)
Original: English Committee onSafeguards
NOTIFICATION OFLAWS AND REGULATIONS UNDER
ARTICLE 12.6OFTHE AGREEMENT
Replies from KENYA1toQuestions Posed bytheUNITED STATES2
Thefollowing communication, dated 10June1997, hasbeenreceived from thePermanent
Mission ofKenya.
_______________
Q1. TheUnited States tooknotethat, initsnotification, Kenya informed theCommittee that
theapplication ofsafeguard measures onanyproduct inKenya isonanadhocandcase-
by-case basis andthatthere isnodirect legislation atthemoment. IsKenya considering
theenactment ofsuchlegislation?
Answer
Kenya currently hasnolegislation onSafeguards andhasinthepastapplied safeguard measures
onacase-by-case basis inaccordance withKenyan laws. Alltrade measures thataredisallowed by
WTO havealready beenwithdrawn. Inthemeantime, Kenya isworking onlegislation onanti-dumping
andcountervailing duties withtheassistance oftheRules Division oftheWTO. Major progress has
beenmade indrafting theappropriate lawonanti-dumping andcountervailing dutyactions andwe
expect togetitpassed intolawbytheendofthisyear. Thereafter, earnest preparations onsafeguards
shallbegin which wehopewillbeinplace bytheendofthenextfiscal year.
Q2. Until suchlegislation isenacted, willKenya adopt safeguard measures? Ifso,howwill
Kenya ensure thatthesafeguard measures willbeinaccordance withtheprovisions of
theAgreement onSafeguards?
Answer
Kenya doesnotintend toapply safeguard measures untilthesafeguards lawisinplace. In
theevent thatKenya isfaced withasituation which would normally require theapplication ofsafeguard
measures, other instruments thatareallowed byWTO willbeused. Specifically, normal duties will
beusedtorestrict thevolume ofimports. Thisisallowed provided thattheratesoftariffdonotexceed
those bound byKenya inherschedule ofcommitments under WTO.
1G/SG/N/1/KEN/1.
2G/SG/Q1/KEN/1.