World Trade Organization Organisation Mondiale du Commerce Organización Mundial del Comercio

US FQ 22:

(on US 55)

Report by the Secretariat (WT/TPR/S/249):III. TRADE POLICIES AND PRACTICES BY MEASURE: (2) Measures Directly Affecting Imports: (viii) Contingency measures: Page 65 paragraph 92:

The Secretariat report indicates that safeguard decisions are made by the Standing Board on Safeguards ("the Board"). However, very little is known about this body. Could India please provide further information about this Board including timetables for decision making, structural composition of the Board and the policies under which the Board operates?

Reply: "Standing Board on safeguards was constituted by the Government of India with Secretary, Department of Commerce as Chairman. Other Members of the Board are Secretaries from Department of Revenue, Department of Agriculture and Cooperation, Department of Industrial Policy and Promotion and Secretary (ER) in Ministry of External Affairs. Secretaries of any other ministry/department concerned with the safeguard measure may also be co-opted to attend the meeting of the Standing Board on Safeguards (Board).

The Board considers the recommendations made by the Director General Safeguards (the investigating authority) and conveys its recommendation to the Central Government after deliberation in the meeting of the Board. The Board will also consider recommendations relating to safeguard measures in the form of quantitative restrictions and convey its recommendation to the Central Government."

U.S. Follow-Up Question: Please identify the relevant laws, regulations or other official documents that describe the composition, authority, and operation of the Standing Board on Safeguards.

Reply: The administrative decision regarding the constitution of the Standing Board on Safeguards was taken by the Committee of Secretaries of Government of India on 3.2.1998. The composition of the board has been explained in the previous reply. The Board considers the recommendations of the DG (Safeguards) and sends its views to the Central Government i.e. Ministry of Finance in respect of cases related to imposition of tariff.