CONTROL OF GOODS: SUBSIDIARY LEGISLATION

CONTROL OF GOODS: SUBSIDIARY LEGISLATION

CONTROL OF GOODS (PUBLIC INTEREST GROUNDS THRESHOLDS) REGULATIONS

ARRANGEMENT OF REGULATIONS

    REGULATION

    1.    Citation

    2.    Application of the thresholds

    3.    Prevention of or relief to critical shortages of foodstuff, food or other products essential to the country

    4.    Protection of domestic industry from serious injury imposed by import surges

    5.    Ensuring the supply of essential raw materials

    6.    Protection of consumers

    7.    Combating the spread of contagious human, animal or plant diseases

    8.    Protecting public health or safety

    9.    Protection of the environment

    10.    Combating the illicit trade in narcotics, arms and ammunition, endangered species or any other prohibited goods

    11.    Maintaining balance of payments

    12.    Support of infant industries

    13.    Security of export proceeds

    14.    Submission of evidence

    15.    Imposition, variation or revocation of a measure

        FIRST SCHEDULE

        SECOND SCHEDULE

G.N. 32/2020

CONTROL OF GOODS (PUBLIC INTEREST GROUNDS THRESHOLDS) REGULATIONS

under s. 15

1.    Citation

    These Regulations shall be cited as the Control of Goods (Public Interest Grounds Thresholds) Regulations.

2.    Application of the thresholds

    (1) The Minister shall consult relevant authorities including ministries, departments, agencies or interested parties to give an opportunity to these parties to present evidence on the relevant thresholds to be considered in making orders regulating imports or exports on public interest grounds.

    (2) The Minister shall prescribe the agreed thresholds by an order published in the Gazette.

    (3) The measures issued under this Regulation shall not be applied in a manner which would constitute a disguised restriction on international trade.

3.    Prevention of or relief to critical shortages of foodstuff, food or other products essential to the country

    (1) The Minister shall not make an order on the ground of prevention of, or relief to critical shortage of foodstuffs, food and other products unless the national food balance sheet is less than the national food requirement for four months and domestic food prices are below export parity prices.

    (2) The Minister shall base his decision on the information about food balance sheet in the country provided by the ministry responsible for food security.

4.    Protection of domestic industry from serious injury imposed by import surges

    (1) The Minister shall not make an order on the ground of protection of domestic industry from serious injury imposed by import surges unless—

    (a)    the Minister through a process of objective investigation determines that the injury was caused by the import surge;

    (b)    there is sufficient evidence before the Minister that the import surge is not temporary;

    (c)    the measure imposed by the order does not address the injury caused by inefficiencies of the domestic industry;

    (d)    the measure imposed by the order does not enable the domestic industry to uncompetitive or unfair advantage;

    (e)    the Minister has taken into account all relevant economic factors and has established a causal relationship between increase in imports and the injury; and

    (f)    the quantity of the imports is above the average of imports in the last three representative years.

    (2) The Minister shall not impose a measure on the ground of protection of domestic industry from injury caused by import surges for a period of more than six months in the case of agricultural products and twelve months for all other products.

    (3) For purposes of this regulation, “serious injury” means a significant overall impairment in the position of a domestic industry.

5.    Ensuring the supply of essential raw materials

    (1) The Minister shall not make an order on the ground of ensuring supply of essential raw materials unless—

    (a)    the production estimates of a particular raw material are less than fifty per cent of the requirement of the domestic industry; and

    (b)    the price for the raw material offered by the domestic industry is not less than export parity price for the goods.

    (2) The order made pursuant to subregulation (1), shall not be for a duration of more than—

    (a)    six months in the case of agricultural products; and

    (b)    twelve months for all other products.

    (3) For the purposes of this regulation “essential raw material” means a raw material the supply of which constitutes at least fifty per cent of the required raw materials for production of goods in the industry that the order seeks to regulate.

6.    Protection of consumers

    (1) The Minister shall not make an order regulating the import or export of goods on the ground of protection of consumers unless there is sufficient evidence before the Minister that importation or exportation of the goods contravenes the Consumer Protection Act or any other relevant law.

    (2) The Minister may, where determined necessary and in consultation with relevant authorities, prescribe a remedial measure to mitigate the effects of implementation of the…