Article 20
SAFEGUARD MEASURES
1.
A Member State may apply a safeguard measure to a product only if that Member State has
determined that such product is being imported to its territory in such increased quantities,
absolute or relative to domestic production, and under such conditions as to cause or threaten
to cause serious injury to the domestic industry that produces like or directly competitive
products.
2.
A serious industry shall be determined in accordance with Article IV of the WTO Agreement
on Safeguards.
3.
Safeguard measures shall be applied to a product being imported irrespective of its source
within the Region.
4.
In applying measures in accordance with paragraph 1 of this article, a Member State shall give
like treatment to all imports of originating goods.
5.
A member State shall apply safeguard measures only to the extent and for such period of time
necessary to prevent or remedy serious injury and to facilitate adjustment. In accordance with
Article 7 of the WTO Agreement on Safeguards, the period shall not exceed four years, unless
the competent authorities of the importing Member State have determined that the safeguard
measure continues to be necessary to prevent or remedy serious injury and that there is
evidence that the industry is adjusting.
6.
Notwithstanding the provision of paragraph 5 of this Article, the total period of application of a
safeguard measures shall not exceed eight (8) years.