. /.RESTRICTEDWORLD TRADE
ORGANIZATIONG/SG/Q1/GTM/2
3 November 1999
(99-4745)
Committee on Safeguards Original: Spanish
NOTIFICATION OF LAWS AND REGULATIONS UNDER
ARTICLE 12.6 OF THE AGREEMENT
Questions Posed by the UNITED STATES1 Regarding
the Notification of GUATAMALA2
The following communication, dated 22 October 1999, has been received from the Permanent
Mission of Guatemala.
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1. Article 7 of Guatemala's law merely states that the "investigating authority shall carry
out the enquiries, analyses and evaluations it sees fit …" while Article 4 of the Agreement on
Safeguards articulates specific elements that must be examined during a safeguards
investigation.  Can Guatemala confirm that Article 7 of its law comports with the detailed
requirements of Article 4 of the Agreement on Safeguards?
Reply
Article 4 of the Agreement on Safeguards lays down the rules that must be followed by the
investigating authority in order to determine serious in jury or threat thereof.  Article 7 of the Central
American Regulations on Safeguard Measures identifies the methods which the investigating
authority can use in order to meet this rule.  These may be enquiries, analyses and evaluations it seesfit.  The Regulations highlight these methods so as to ensure that the investigation, is thorough and
each of the requirements laid down in Article 4 of the Agreement on Safeguards is met (and our
Regulations emphasize that this is the framework law on safeguards).
Guatemala therefore confirms that Article 7 of the Regulations meets the detailed
requirements set out in Article 4 of the Agreement and allows the investigating authority to carry out
any enquiry, analysis or evaluation it sees fit in order to determine the existence of increased imports,
serious injury or threat thereof, and the causal link between the two.
2. Article 24 of Guatemala's law references a "final technical opinion".  Would this
"opinion" constitute the "report setting forth [ ] findings and reasoned conclusions reached on
all pertinent issues of fact and law" reference d in Article 3.1 of the Agreement on Safeguards?
Reply
The investigating authority has the competence to investigate situations leading to the
application of safeguard measures.  When it has completed its investigation, it issues its final technical
opinion.  The competent authority (the Ministry), in the light of the final technical opinion of the
                                                     
1 G/SG/N/1/GTM/1
2 G/SG/N/1/GTM/2G/SG/Q1/GTM/2
Page 2
investigating authority, declares the investigation to  be concluded and issues the final resolution.  This
is published by the competent authority and contains all the requirements laid down in Article 26 of
the Central American Regulations, including of course the report setting out the findings and reasoned
conclusions reached regarding all the pertinent issues of fact and law.  The resolution is
communicated to all interested parties and to the WTO Committee on Safeguards.
Consequently, the "final technical opinion" must contain all the findings and reasoned
conclusions reached on all pertinent issues of fact and law.  This "final technical opinion" is reflected
in the final resolution issued by the Minister.
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