./.RESTRICTEDWORLD TRADE
ORGANIZATIONG/SG/Q1/JOR/4
2 May 2001
(01-2255)
Committee on Safeguards Original:  English
NOTIFICATION OF LAWS AND REGULATIONS UNDER
ARTICLE 12.6 OF THE AGREEMENT
Questions Posed by the UNITED STATES
Concerning the Notification of JORDAN1
The following communication, dated 30 April 2001, has been received from the Permanent
Mission of the United States.
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1. Threat of serious injury.   Possibly due to a translation error, Article 3 of the Jordanian law,
which appears to be the article that lays out the basic eligibility test for applying a safeguard measure,
appears to envision that a safeguard measure may be applied only upon a finding of present seriousinjury; it makes no reference to a finding of threat of serious injury.  However, other articles in the
Jordanian law, including Articles 5 and 6A (but not 6B), suggest that Jordan might apply a measure
when it finds a threat of serious injury to exist.  Please clarify whether Jordan law would allow the
application of a safeguard measure in a threat situation, and where in the Jordanian law such authority
exists.
2. Reasonable public notice.   Article 12C of the Jordanian law would implement the
requirement of SA Article 3.1 to provide “reasonable public notice to all interested parties” of the
initiation of an investigation by requiring that the notice be published “in two daily local newspapers”.
Are there two widely available local newspapers in which the Jordanian government typically
publishes official government notices, and would publication be in these papers?  Does Jordan
maintain an official journal in which government notices are typically published?
3. Meetings between parties.   What is the nature of the forum for a meeting between the parties
as envisioned in Article 13C?  Is this the same as a hearing?
4. “Subjective” evidence.   Another possible translation problem B  Article 19 of the Jordanian
law provides that the remedy recommendation is to be “reasoned and based on subjective evidence.”
Presumably, the reference should be to “objective” evidence, which is the opposite of subjective; the
dictionary would generally define the term “subjective” in this context to mean “illusory” or “lacking
in substance.”  The terms “objective” and “objective evidence” are used in Article 4.2 of the
Safeguards Agreement.
                                                     
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5. Provisional relief.
(a) Article 20 of the Jordanian law appears to set a lower standard for applying a provisional
safeguard measure than permitted by SA Article 6.  It does not require that there be “clear
evidence” that increased imports have caused or are threatening to cause “serious injury”; but
rather omits the “clear evidence” requirement altogether, and refers to “damages” rather than
to “serious injury.”  Please explain how Ar ticle 20 of the Jordanian law conforms with SA
Article 6.
(b) If provisional relief is in the form of an in crease in duty, will any duties collected be refunded
if the Jordanian competent authorities do not make an affirmative determination in the full
investigation?
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