Saudi Arabia adopts Trade Remedy Law

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The Council of Ministers of the Kingdom of Saudi Arabia approved the Law of Trade Remedies in International Trade (‘the Trade Remedies Law”). It governs the conduct of anti-dumping, countervailing (anti-subsidy) and safeguard investigations and the imposition of trade remedies on imports into Saudi Arabia

The Trade Remedies Law gives authority to the General Authority for Foreign Trade (“GAFT”) to conduct anti-dumping, countervailing and safeguard investigations and in accordance with the outcome of those investigations impose measures on imports into Saudi Arabia.  

The Trade Remedies Law applies to imports into Saudi Arabia from members of the World Trade Organization (“WTO”) and may apply, further to a decision of the GAFT to imports from countries that are not members of the WTO. The Law may also apply, at certain conditions, to imports from within the States of the Cooperation Council for the Arab States of the Gulf (“GCC”). The GCC, a customs union that includes, in addition to Saudi Arabia, Bahrain, Kuwait, Oman, Qatar and the United Arab Emirates, has a regional trade remedies system that applies to imports into the GCC. The Trade Remedies Law will apply in parallel to the GCC Common Law on Anti-Dumping, Countervailing and Safeguard Measure.

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Under the Saudi trade remedy system, Saudi industries will be able to file complaints relating to the initiation of investigations when suffering injury because of unfairly traded and/or rapidly increasing imports into Saudi Arabia. The Governor and the Chairperson of the Board of Directors of the GAFT will take relevant decisions, including on the initiation and termination of investigations. The GAFT will conduct investigations. Most final decisions taken under the Trade Remedies Law will be subject to a two-tier appeal system for interested parties. Grievances will be reviewable by the GAFT Chairperson and they may then be subject to administrative courts.

The Trade Remedies Law will be complemented by a Regulation setting forth implementing provisions. It provides that anti-dumping, countervailing and safeguard measures may be imposed in accordance with the international trade obligations of the Kingdom of Saudi Arabia, including the WTO Anti-Dumping Agreement, Agreement on Subsidies and Countervailing Measures and Agreement on Safeguards.

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