Application of measures Clause Samples

The 'Application of measures' clause defines how specific actions, controls, or safeguards are to be implemented within the context of an agreement or policy. It typically outlines the circumstances under which certain measures—such as security protocols, compliance steps, or corrective actions—must be applied, and may specify the responsible parties or procedures for doing so. By clearly delineating when and how these measures are to be enacted, the clause ensures consistent application and helps prevent misunderstandings or lapses in compliance, thereby mitigating risk and promoting accountability.
Application of measures. 1. When imposing safeguard measures, the Parties shall endeavour to impose them in a way that affects their bilateral trade the least. 2. For the purposes of paragraph 1 of this Article, if a Party considers that the legal requirements for the imposition of definitive safeguard measures are met and intends to apply such measures, that Party shall notify the other Party and give the latter the possibility to hold bilateral consultations. If no satisfactory solution has been reached within 30 days of the notification, the importing Party may adopt the appropriate measures to remedy the problem.
Application of measures. 1. When imposing safeguard measures, the Parties shall endeavour to impose them in a way that affects their bilateral trade the least. 2. For the purposes of paragraph 1, if a Party considers that the legal requirements for the imposition of definitive safeguard measures are met and intends to apply such measures, that Party shall notify the other Party and give the latter the possibility to hold bilateral consultations. If no satisfactory solution has been reached within 30 days of the notification, the importing Party may take the appropriate measures to remedy the problem. SECTION 2‌‌ ARTICLE 138 1. The Parties confirm their rights and obligations under Article VI of GATT 1994, the Agreement on Implementation of Article VI of GATT 1994, contained in Annex 1A to the WTO Agreement (the Anti-Dumping Agreement), and the Agreement on Subsidies and Countervailing Measures, contained in Annex 1A to the WTO Agreement (the SCM Agreement). 2. The preferential rules of origin established under Chapter 1 (National Treatment and Market Access for Goods) of Title V (Trade and Trade-related Matters) of this Agreement shall not apply to this Section. 3. The provisions of this Section shall not be subject to Chapter 14 (Dispute Settlement) of Title V (Trade and Trade-related Matters) of this Agreement. ARTICLE 139
Application of measures. Members confirm their commitment to announce publicly, as soon as possible, time- schedules for the removal of restrictive import measures taken for balance-of-payments purposes. It is understood that such time-schedules may be modified as appropriate to take into account changes in the balance-of-payments situation. Whenever a time-schedule is not publicly announced by a Member, that Member shall provide justification as to the reasons therefor.
Application of measures. Safeguard measures may only be applied to the extent necessary to remedy or prevent serious injury and to facilitate adjustment, within certain limits. If the measure takes the form of a quantitative restriction, the level must not be below the actual import level of the most recent three representative years, unless there is clear justification for doing otherwise. Rules also apply as to how quota shares are to be allocated among supplier countries, as to compensation to Members whose trade is affected, and as to consultations with affected Members. Any measure of more than three years duration must be reviewed at mid-term. If appropriate based on that review, the Member applying the measure must withdraw it or increase the pace of its liberalization. Under critical circumstances, defined as circumstances where delay would cause damage that would be difficult to repair, provisional measures may be imposed. Such measures may be in the form of tariff increases only, and may be kept in place for a maximum of 200 days. In addition, the period of application of any provisional measure must be included in the total period of application of a safeguard measure. Repeated application of safeguards with respect to a given product is limited by the Agreement. Ordinarily, a safeguard may not be applied again to a product until a period equal to the duration of the original safeguard has elapsed, so long as the period of non-application is at least two years. Nonetheless, if a new safeguard measure has a duration of 180 days or less, it may be applied so long as one year has elapsed since the date the original safeguard measure was introduced, and so long as no more than two safeguard measures have been applied on the product during the five years immediately preceding the date of introduction of the new safeguard measure.

Related to Application of measures

  • Sector Sub-Sector Industry Classification Level of Government Type of Obligation Description of Measure Source of Measure All sectors : : - : Central : National Treatment Senior Management and Board of Directors : National Treatment and the Senior Management and Board of Directors obligations shall not apply to any measure relating to small and medium sized domestic market enterprise2. Foreign equity is restricted to a maximum of 40% for domestic market enterprises with paid-in equity capital of less than the equivalent of USD 200,000 Note: Members of the Board of Directors or governing body of corporation or associations shall be allowed in proportion to their allowable participation or share in the capital of such enterprises. : -1987 Constitution of the Republic of the Philippines. - Foreign Investments Act of 1991 (R.A. No. 7042, as amended by R.A. No. 8179). -Presidential and Administrative Issuances. ∞ 2 The concept of a small and medium sized domestic market enterprise is an enterprise with paid in equity capital of less than the equivalent of USD 200,000.00.

  • Application of other Provisions If the provisions of law of either Contracting Party or obligations under international law existing at present or established hereafter between the Contracting Parties in addition to the present Agreement contain a regulation, whether general or specific, entitling investments by nationals of the other Contracting Party to a treatment more favourable than is provided for by the present Agreement, such regulation shall to the extent that it is more favourable prevail over the present Agreement.

  • Source of Measure The Transfer of Immovable Property Restriction Law (1987). - The Foreign Investment Law (2012) - The Foreign Investment Rule (2013) - Farmland Law (2012) - Farmland Rules (2012) - Vacant, Fallow and Waste Land Management Law (2012) - Vacant, Fallow and Waste Land Management Rules(2012)

  • Application of Agreement 4.1 This Agreement applies to: (a) ▇'▇▇▇▇▇▇▇▇ Ground Engineering Pty Ltd (the Employer) (b) the CFMEU (the Union) (c) all Employees of the Employer engaged in construction work and for whom classifications and rates of pay are provided by this Agreement (the Employee). Collectively known as Parties 4.2 This Agreement only applies to work done in Queensland or Northern Territory and to work temporarily done outside Queensland or Northern Territory by Employees who are based in Queensland or Northern Territory, except where employees are covered by a subsequent Greenfields agreement made under s.182(3) of the Fair Work Act 2009 (Cth) and approved by the Fair Work Commission.

  • General Application The rules set forth below in this Article VI shall apply for the purposes of determining each Member’s allocable share of the items of income, gain, loss and expense of the Company comprising Net Income or Net Loss for each Fiscal Year, determining special allocations of other items of income, gain, loss and expense, and adjusting the balance of each Member’s Capital Account to reflect the aforementioned general and special allocations. For each Fiscal Year, the special allocations in Section 6.03 hereof shall be made immediately prior to the general allocations of Section 6.02 hereof.