Law No. 110 of 2015 Approving the Promulgation of the Unified Law (Regulation) on Anti-Dumping, Countervailing and Safeguard Measures of the GCC States (Amended)

Law No. 110 of 2015
Approving the Promulgation of the Unified Law (Regulation) on Anti-Dumping, Countervailing and Safeguard Measures of the GCC States (Amended)

Articles of Promulgation

Article One

The provisions of the attached Unified Law (Regulation) on Anti-Dumping, Countervailing and Safeguard Measures of the States of the Cooperation Council for the Arab States of the Gulf (Amended) shall be applied.

Article Two

The Unified Law on Anti-Dumping, Countervailing and Safeguard Measures of the States of the Cooperation Council for the Arab States of the Gulf attached to Law No. (25) of 2007 is hereby repealed, as is every provision contrary to or inconsistent with the provisions of this Law.

Article Three

The Ministers, each within his competence, shall implement this Law, which shall come into force from the date of its publication in the Official Gazette.

Unified Law (Regulation) on Anti-Dumping, Countervailing and Safeguard Measures of the States of the Cooperation Council for the Arab States of the Gulf (Amended)

Article 1

Objective

This Law (Regulation) aims to enable the GCC States to take the necessary measures against dumping, subsidies and increased imports that cause injury to any GCC industry.

Article 2

Scope

The provisions of this Law (Regulation) shall apply to injurious practices in international trade directed at the GCC States from non-Member States.

Article 3

Definitions

The following words and expressions shall have the meanings assigned to each of them, unless the context of the text requires otherwise:
– The Council: the Cooperation Council for the Arab States of the Gulf.
– Member States: the Member States of the Council.
– The Ministerial Committee: the Industrial Cooperation Committee composed of the Ministers of Industry of the GCC States.
– The Financial and Economic Cooperation Committee: the committee composed of the Ministers of Finance and Economy of the GCC States.
– The Permanent Committee: the Committee for Combating Injurious Practices in International Trade of the GCC States.
– The Technical Secretariat Office: the Technical Secretariat Office for Combating Injurious Practices in International Trade of the GCC States.
– The Judicial Body: the judicial body established under the Economic Agreement of the GCC States.
– The Law (Regulation): the Unified Law (Regulation) on Anti-Dumping, Countervailing and Safeguard Measures of the GCC States.
– The Executive Regulations: the Executive Regulations issued in implementation of the provisions of this Law (Regulation).
– The Internal Rules: the rules governing the work of the Permanent Committee and the mechanisms for issuing its decisions.
– The Official Bulletin: the bulletin issued by the Technical Secretariat Office.
Injurious practices in international trade: the practices of dumping, subsidies and increased imports.
– Dumping: the export of a product to the GCC States at an export price lower than its normal value for the like product in the exporting country in the ordinary course of trade.
– Subsidy: a financial contribution, or any form of income or price support, as defined in Article 16 of GATT 1994, provided by the government of the country of origin or by a public body therein, whereby a benefit is conferred on the recipient of the subsidy.
– Measures: anti-dumping measures, countervailing measures and safeguard measures.
– Anti-dumping measures: the measures taken to counter cases of dumping in accordance with the conditions set out in this Law (Regulation) and its Executive Regulations.
– Countervailing measures: the measures taken to counter specific subsidies in accordance with the conditions set out in this Law (Regulation) and its Executive Regulations.
– Safeguard measures: the measures taken to counter increased imports in accordance with the conditions set out in this Law (Regulation) and its Executive Regulations.
– Definitive measures: the measures taken by the Ministerial Committee upon completion of the investigation and upon reaching final affirmative findings in accordance with the conditions set out in this Law (Regulation) and its Executive Regulations.
– Provisional measures: the measures taken by the Permanent Committee on a temporary basis during the investigation upon reaching preliminary affirmative findings in accordance with the conditions set out in this Law (Regulation) and its Executive Regulations.
– Complaint: a written application submitted in accordance with the form prepared for this purpose.
– GCC industry: the GCC producers as a whole of the like products, or those whose collective output constitutes a major proportion of the total GCC production of those products. In safeguard investigations, GCC industry means the GCC producers as a whole of the like or directly competitive product, or those whose collective output of the like or directly competitive products constitutes a major proportion of the total GCC production of that product.
– Interested parties: the exporter, foreign producer or importer of the product under investigation; producers whose industrial inputs include the product under investigation; governmental or private bodies representing consumers or protecting their interests; the governments of the exporting country; or any other local or foreign parties found to have an interest in the product under investigation.
– The GCC market: the aggregate markets of the Member States of the Council.

Article 4

Complaint and Investigation Procedures

The submission, acceptance and examination of complaints against injurious practices in international trade, the initiation and conduct of investigations and reviews or their termination, and the imposition of any measures in respect thereof shall be carried out in accordance with the provisions of this Law (Regulation) and its Executive Regulations.

Article 5

Measures

Measures may be taken in the following cases:
1. Where it is established that the products under investigation were imported at dumped prices or benefited from a specific subsidy and caused material injury to an established GCC industry, threatened such injury, or were likely to materially impede or retard the establishment of a GCC industry, and that there is a causal link between them.
2. Where it is established that the products under investigation are being imported into the GCC market in increased quantities, whether absolute or relative, and under such conditions as to cause serious injury to the GCC industry producing like or directly competitive products, or threaten to cause such injury, and that there is a causal link between them.

Article 6

Forms of Measures

Measures may take one of the following forms:
1. Definitive anti-dumping and countervailing measures in the form of customs duties (customs taxes) or price undertakings not exceeding the dumping margin or the amount of the subsidy as finally determined.
2. Provisional anti-dumping and countervailing measures in the form of customs duties (customs taxes), price undertakings, or provisional securities in the form of a cash deposit or bonds, not exceeding the dumping margin or the amount of the subsidy as preliminarily determined.
3. Definitive safeguard measures against increased imports in the form of quantitative restrictions, an increase in customs duties (customs taxes), or other forms consistent with the agreements of the World Trade Organization.
4. Provisional safeguard measures shall take the form of an increase in customs duties (customs taxes).

Article 7

Application of the Provisions of the Law (Regulation) and its Executive Regulations

The provisions of this Law (Regulation) and its Executive Regulations shall be applied by the Ministerial Committee, the Permanent Committee and the Technical Secretariat Office, each within its competence.

Article 8

Competences of the Ministerial Committee

The Ministerial Committee shall be competent to take decisions on the following matters:
1. Approving the imposition of definitive measures relating to combating dumping, specific subsidies and increased imports, or the extension, suspension or termination of such measures, or the increase or reduction of anti-dumping and countervailing measures.
2. Settling disputes arising between Member States concerning the interpretation or implementation of this Law (Regulation).
3. Issuing the Executive Regulations of this Law (Regulation).
4. Considering grievances relating to the final decisions and determinations issued in implementation of the provisions of this Law (Regulation) and its Executive Regulations.
5. Approving the internal regulations of the Technical Secretariat Office for Combating Injurious Practices in International Trade of the GCC States.
6. Approving the appointment of the Director General of the Technical Secretariat Office.
7. Any other competences assigned to it in accordance with this Law (Regulation) and its Executive Regulations.

Article 9

The Permanent Committee

1. Formation of the Permanent Committee.
The Permanent Committee shall be composed of the undersecretaries of the ministries of the competent authorities in the Member States, or persons of equivalent rank, and the chairmanship of the Permanent Committee shall follow the chairmanship system of the Council.
2. Competences of the Permanent Committee.
The Permanent Committee shall be competent to:
(a) Take the measures and procedures provided for in accordance with the provisions of this Law (Regulation), including the imposition of provisional measures and the acceptance of price undertakings.
(b) Propose the imposition of definitive anti-dumping measures, definitive countervailing measures against subsidies and definitive safeguard measures against increased imports, and submit them to the Ministerial Committee.
(c) Form committees and establish specialised administrative units in the Technical Secretariat Office.
(d) Approve the work strategies of the Technical Secretariat Office in light of its specified competences.
(e) Propose to the Ministerial Committee appropriate solutions to any disputes that may arise between Member States concerning the interpretation of this Law (Regulation) and its Executive Regulations.
(f) Propose amendments to the Unified Law (Regulation) and its Executive Regulations.
(g) Propose amendments to the internal regulations of the Technical Secretariat Office.
(h) Approve and amend its Internal Rules.
(i) Approve the draft budget of the Technical Secretariat Office in preparation for its adoption in accordance with the applicable procedures.
(j) Approve the financial and administrative regulations and other rules of the Technical Secretariat Office.
(k) Nominate the Director General of the Technical Secretariat Office.
(l) Any other competences entrusted to it by the Ministerial Committee.

Article 10

The Technical Secretariat Office

1. There is hereby established under this Law (Regulation) the Technical Secretariat Office for Combating Injurious Practices in International Trade, under the umbrella of the General Secretariat of the Cooperation Council. The Office shall enjoy financial and administrative independence through a budget annexed to the budget of the General Secretariat of the Cooperation Council, and shall be headed by a Director General.
2. Competences of the Technical Secretariat Office.
(a) Organising the work of the Permanent Committee, preparing for its meetings, preparing its agendas and draft decisions, and performing all tasks assigned to it by the Committee; for the purpose of performing its duties, it may request information, studies, data, statistics, reports and anything else required for the work of the Committee.
(b) Following up the implementation of the decisions of the Ministerial Committee and the Permanent Committee.
(c) Providing advice and technical support to GCC producers and exporters facing dumping, subsidy or safeguard proceedings in other countries, and following up their progress in coordination with the competent authorities in the Member States.
(d) Participating in the activities of relevant international organisations and forums.
(e) Submitting comprehensive periodic reports to the Permanent Committee every three months, containing information and statistics on its work and on all registered and pending cases and investigations and the dates, periods and time limits relating to them.
(f) Receiving complaints of injurious practices in international trade and all related requirements.
(g) Conducting investigations into injurious practices in international trade and all related reviews in accordance with the provisions of this Law (Regulation) and its Executive Regulations.
(h) Preparing the draft annual budget of the Technical Secretariat Office, and implementing it after its adoption.
(i) Working to raise awareness and develop knowledge in the Member States of the concepts of dumping, subsidies and increased imports.
(j) Any tasks and activities entrusted to it by the Ministerial Committee and the Permanent Committee.

Article 11

Grievance and Appeal

1. Before resorting to appeal, every party that participated in the investigation as an interested party and was individually and directly affected by the final decisions issued in implementation of the provisions of this Law (Regulation) and its Executive Regulations shall submit a grievance to the Ministerial Committee within a period of thirty days (30 days) from the date of publication in the Official Bulletin. The grievance shall be decided within sixty days (60 days) from the date of its submission; otherwise, the grievance shall be deemed rejected before the Committee.
2. A party whose grievance has been rejected may appeal before the competent Judicial Body of the GCC States within thirty days (30 days) from the date on which that party is notified by any means of notification.

Article 12

Confidentiality of Information

Every person or entity competent to investigate and take protective measures under the provisions of this Law (Regulation) and its Executive Regulations shall maintain the confidentiality of information and data that are confidential by nature or that are submitted by the concerned parties as confidential. Such persons and entities shall be prohibited from disclosing such information and data except with the prior written authorisation of the party that provided or submitted them, or where they are disclosed to the competent Judicial Body of the GCC States.

Article 13

Penalties

Without prejudice to any more severe penalty provided for by any other law (regulation), any person who violates the prohibition set out in Article (12) shall be punished by a fine not exceeding (SAR 500,000) five hundred thousand Saudi riyals or its equivalent in the currencies of the Member States.

Article 14

Interpretation and Amendment of the Law (Regulation)

The Financial and Economic Cooperation Committee shall have the power to interpret and amend this Law (Regulation) in coordination with the Ministerial Committee.

Article 15

Entry into Force

This Law (Regulation) shall apply as of the first of January 2004, and the Member States shall work towards publishing it in their respective official gazettes.

Issued on 31 December 2015 and published in the Official Gazette Kuwait Al-Youm on 24 January 2016.