SAFEGUARD MEASURES (AMENDMENT) ORDINANCE, 2002
SAFEGUARD MEASURES (AMENDMENT) ORDINANCE, 2002
Last Updated: 20020720
Contents
PREAMBLE .
1 SHORT TITLE, EXTENT AND COMMENCEMENT
2 DEFINITIONS
3 APPLICATION OF SAFEGUARD MEASURES
4 SERIOUS INJURY
5 THREAT OF SERIOUS INJURY
6 FACTORS OTHER THAN INCREASED IMPORTS
7 INITIATION OF INVESTIGATION
8 WITHDRAWAL OF APPLICATION BEFORE INITIATION
9 INITIATION OF INVESTIGATION
10 NOTICE OF INITIATION OF INVESTIGATION
11 PARTICIPATION OF INTERESTED PARTIES
12 SCHEDULE FOR INVESTIGATION
13 CONDUCT OF INVESTIGATION
14 CONFIDENTIALITY
15 INFORMATION TO PARTICIPATING INTERESTED PARTIES
16 WRITTEN ARGUMENTS AND HEARINGS
17 RELIANCE ON INFORMATION AVAILABLE
18 APPLICATION OF PROVISIONAL SAFEGUARD DUTY
19 REPORT OF PROVISIONAL DETERMINATION
20 NOTICE OF NONAPPLICATION OF PROVISIONAL SAFEGUARD DUTY
21 DECISION TO APPLY PROVISIONAL SAFEGUARD DUTY BY THEFEDERAL GOVERNMENT
22 NOTIFICATION AND CONSULTATIONS
23 GENERAL PRINCIPLES GOVERNING APPLICATION OF DEFINITIVESAFEGUARD MEASURE
24 DETERMINATION OF SERIOUS INJURY OR THREAT THEREOF
25 DECISION BY THE FEDERAL GOVERNMENT TO APPLY DEFINITIVESAFEGUARD MEASURE
26 PUBLIC NOTICE OF APPLICATION OF DEFINITIVE SAFEGUARDMEASURE
27 NOTIFICATION AND CONSULTATION
28 FORM AND APPLICATION OF DEFINITIVE SAFEGUARD MEASURE
29 NONAPPLICATION OF DEFINITIVE SAFEGUARD MEASURE TOCERTAIN DEVELOPING COUNTRIES
30 QUOTA AS DEFINITIVE SAFEGUARD MEASURE
31 TERMINATION WITHOUT APPLICATION OF SAFEGUARD MEASURE
32 DURATION OF DEFINITIVE SAFEGUARD MEASURE
33 PROGRESSIVE LIBERALISATION
34 REVIEW
35 EXTENSION OF DEFINITIVE SAFEGUARD MEASURE
36 REAPPLICATION OF A SAFEGUARD MEASURE
37 DUTIES AND FEES TO BE HELD IN NONLAPSEABLE PERSONALLEDGER ACCOUNT
38 POWER TO MAKE RULES
39 PUBLIC SERVANTS
40 FAILURE TO DISCLOSE CORRECT INFORMATION
41 COGNIZANCE OF OFFENCES
42 PROTECTION TO PERSONS PREJUDICED IN EMPLOYMENT BECAUSEOF ASSISTING THE COMMISSION
43 APPOINTMENT OF ADVISERS AND CONSULTANTS
44 INDEMNITY
45 REMOVAL OF DIFFICULTIES
46 ORDINANCE TO OVERRIDE OTHER LAWS
SAFEGUARD MEASURES ORDINANCE, 2002.
AN ORDINANCE
to amend the Safeguard Measures Ordinance, 2002
WHEREAS it is expedient to amend the Safeguard Measures Ordinance, 2002 (XXXI of 2002), for the purposes hereinafter appearing;
AND WHEREAS the National Assembly is not in session and the President is satisfied that circumstances exist which render it necessary to take immediate action;
NOW, THEREFORE, in exercise of the 'powers conferred by clause (I) of Article 89 of the Constitution of the Islamic Republic of Pakistan, the President is pleased to make and promulgate the following Ordinance:
1. Short title and commencement. (1) This Ordinance may be called the Safeguard Measures (Amendment) Ordinance, 2002.
(3) It shall come into force at once.
2. Amendment of section 3, Ordinance XXXI of 2002: In the Safeguard Measures Ordinance, 2002 coon of 2002), hereinafter referred to as the said Ordinance, in section 3, the words and comma "as a result of unforeseen developments and of the effect of WTO obligations assumed by Pakistan," shall be omitted.
3. Amendment of section 5, Ordinance XXXI of 2002. In the said Ordinance, for section 5 the following shall be substituted, namely :
4. Amendment of section 7, Ordinance XXXI of 2002. In the said Ordinance, in section 7, in subsection (2), in clause (i), for the word "prescribed" the words and comma "fixed, by the Commission from time to time" shall be substituted.
5. Amendment of section 9, Ordinance XXXI of 2002. In the said Ordinance, in section 9,
(a) in subsection (I), the words "accuracy and adequacy of the evidence given in an" shall be omitted; and
(b) in subsection (3), after the word " applicant" the words "or any other enterprise or entity of the public or private sector" shall be inserted.
6 Amendment of section 11, Ordinance XXXI of 2002. In the said Ordinance, in section 11, in subsection .(1),
(a) for the word " fifteen " the word " seven" shall be substituted; and
(b) in the proviso, for the word " fifteen" the word "seven" shall be substituted.
7. Amendment of section 12, Ordinance XXXI of 2002. In the said Ordinance, in section 12, in subsection (1),
(a) for the words " four months" the words " ninety days" shall be substituted; and
(b) n the proviso, for the words " four months" and "two months" the words "ninety days" and "sixty days" shall, respectively, be substituted;
8. Amendment of section 24, Ordinance XXXI of 2002. In the said Ordinance, in section 24, in subsection (9), for the word "refund" the words "Gauge to be refunded" shall be substituted.
9. Amendment of section 28, Ordinance XXXI of 2002. In the said Ordinance, in section 28, in subsection (5), for the words "refund the differential" the words "cause the differential to be refunded" shall be substituted.
10.Amendment of section 33, Ordinance XXXI of 2002. In the said Ordinance, in section 33, the comma, words and figure ", in accordance with the schedule published in the public notice of application of a definitive safeguard measure referred to in section 26" shall be omitted.
11. Amendment of section 34, Ordinance XXXI of 2002. In the said Ordinance, in section 34, for subsection (4) the following shall be substituted, namely:
" (4) The Federal Government shall, no later than thirty days of the receipt of a report under subsection (3), notify its decision by means of a public notice.".
I2.Amendment of section 35, Ordinance XXXI of 2002. In the said Ordinance, in section 35, in subsection (7), for the figure " 23" the figure "24" shall be substituted.
