  
  
WT/DS615/4  
 
12 January 2023  
(23-0305) Page: 1/1 
  Original: English  
 
 
UNITED STATES  – MEASURES ON CERTAIN SEMICONDUCTOR AND OTHER PRODUCTS, 
AND RELATED SERVICES AND TECHNOLOGIES  
COMMUNICATION FROM THE UNITED STATES  
The following communication, dated 22 December 2022 , was received from the delegation of the 
United States  with the request that it be circulated to the Dispute Settlement Body (DSB).  
 
 
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On December 12, 2022, the United States received China's letter of the same date requesting 
consultatio ns pursuant to Article 4 of the Understanding on Rules and Procedures Governing the 
Settlement of Disputes , Article XXII of the General Agreement on Tariffs and Trade 1994 
("GATT  1994"), Article XXII of the General Agreement on Trade in Services ("GATS"), Article 8 of 
the Agreement on Trade -Related Investment Measures , and Article 64.1 of the Agreement on 
Trade -Related Aspects of Intellectual Property Rights ("TRIPS Agreement").  
 
China's request concerns certain measures of the United States taken pursuant to the Export Control 
Reform Act of 2018 and its implementing regulations, the Export Administration Regulations, to 
protect U.S. national security.  Issues of national security are political matters not susceptible to 
review or capable of resolution by WT O dispute settlement.  Every Member of the WTO retains the 
authority to determine for itself those measures that it considers necessary to the protection of its 
essential security interests, as is reflected in the text of Article XXI of the GATT 1994, Arti cle XIV bis 
of the GATS, and Article 73 of the TRIPS Agreement.  
 
Without prejudice to the U.S. view that the measures cited by China are issues of national security 
not susceptible to review or capable of resolution by WTO dispute settlement, the United States 
accepts the request of China to enter into consultations.  We stand ready to confer with officials from 
your mission on a mutually convenient date for these consultations.  
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