RESTRICTED
WORLD TRADE G/SG/W/62
27October 1995
ORGANIZATION(95-3308)
Original: Spanish Committee onSafeguards
REPLIES FROM VENEZUELA CONCERNING QUESTIONS POSED
BYAUSTRALIA1CONCERNING THE NOTIFICATION
OFVENEZUELAN LAWS AND REGULATIONS2
Thefollowing communication, received on17October 1995, hasbeenreceived from the
Permanent Mission ofVenezuela.
_______________
AUSTRALIA
Questions byAustralia toVenezuela onsafeguards legislation
1. Documents G/ADP/N/1/VEN/1-G/SCM/N/1/VEN/1 saythatthetextoftheAgreement
Establishing theWTO forms partofVenezuelan domestic lawandinparticular theAnti-Dumping
andSubsidies Agreements havetheforce oflawinVenezuela. Isthesame trueoftheSafeguards
Agreement? Ifthisisthecase, could Venezuela clarify thefollowing points.
Asnotified totheWorld Trade Organization, atthepresent timeVenezuela hasnolegislation
onsafeguard measures. Nevertheless, draftlegislation onsafeguards isbeing prepared and,forthis
purpose, theWTO Agreement onSafeguards isbeing usedastheframe ofreference. Inaddition,
itshould benoted thattheMarrakesh Agreement Establishing theWorld Trade Organization was
incorporated intheVenezuelan legal system bytheLawofApproval enacted byCongress and
promulgated bythePresident oftheRepublic inDecember 1994. TheLawofApproval includes the
textsoftheMarrakesh Agreement Establishing theWorld Trade Organization, together withallthe
agreements itcovers, including theAnti-Dumping andtheSubsidies andtheCountervailing Measures
Agreements andtheSafeguards Agreement, among others. Theonlything excepted from theLaw
ofApproval aretheso-called plurilateral trade agreements, which were notsigned byVenezuela.
Consequently, theLawofApproval makes thecommitments thattheRepublic ofVenezuela entered
intowhen itsigned theWTO treaties effective andbinding, bothexternally andinternally, andboth
forprivate parties andfortheauthorities.
1G/SG/W/43.
2G/SG/N/1/VEN/1 andCorr.1.
./.G/SG/W/62
Page2
2. Does Venezuela consider thatitwould needtopromulgate additional legislation, orsome
form ofguidelines toofficials, asthebasis ofanyfuture safeguards investigation?
Although theWTO Agreements haveformed partofVenezuelan domestic lawsincetheywere
incorporated intheVenezuelan legalsystem andtheytakeprecedence overanypre-existing rules, the
needdoesexisttopromulgate legislation onsafeguards measures withtherequisite provisions onthe
initiation andconduct ofinvestigations, aswellasmatters pertaining tothecompetent authorities in
thisregard. Atthepresent time, adraft lawonsafeguards measures isbeing prepared, withthe
safeguards rules under theWTO Agreements.
3. How would itbedetermined which ofVenezuela 'sauthorities arecompetent toinitiate
andconduct investigations under theSafeguards Agreement?
Asalready stated, Venezuela hashadnodomestic lawsonthismatter. However, thelegislation
onsafeguards measures nowbeing prepared would stipulate therequisite provisions regarding the
competent authorities toinitiate andconduct investigations.
4. What would bethehierarchy between theSafeguards Agreement andother Venezuelan
legislation, regulations andother administrative rules?
TheWTO Agreement onSafeguards, incorporated intheVenezuelan legalsystem, haspriority
andisapplied overanyother legalprovision orregulation because ofthespecial character andhigher
standing oftreaties within theVenezuelan legalsystem.
5. What subsequent laws(including legislation, regulations andother administrative rules)
takeprecedence overtheSafeguards Agreement?
Asstated earlier, international treaties, when theyareincorporated intheVenezuelan legal
system, haveaspecial character andhigher standing within thatsystem, forwhich reason theywould
takeprecedence overanylaw,regulations oradministrative rules promulgated afterthetreaties.