In force
Saudi Trade Remedies Law
نظام المعالجات التجارية في التجارة الدولية
Covers the trade remedies available in international trade in Saudi Arabia. It has 37 articles and concerns importers, exporters, domestic producers and the authorities that apply these measures.
- Articles
- 37
- In force
- 37
- Amended
- 0
- Issued
- 29/4/1444 AH
Issued by: مرسوم ملكي رقم (م/60) وتاريخ 1444/4/29هـ · قرار مجلس الوزراء رقم (321) وتاريخ 1444/4/28هـ
Each article shows the official Arabic text, which is the only legally binding version, followed by our plain-English explanation.
Browse Trade Remedies Law by topic
Scope of the Trade Remedies Law4 articlesGeneral Authority for Foreign Trade2 articlesAnti-Dumping Duties4 articlesSafeguard Measures3 articlesProvisional Measures3 articlesDumping Complaints and Investigations2 articlesCombating Circumvention of Measures4 articlesImposing and Collecting Measures5 articlesPublic Interest in Measures3 articlesConfidentiality of Investigation Information2 articlesGrievances Against Trade Remedies Decisions4 articlesGulf Investigations2 articlesDefending Saudi Exports3 articlesTime Limits and Final Provisions5 articles
Articles of the Saudi Trade Remedies Law
الفصل الأول: الأحكام العامةArticles 1–3
- Article 1The article defines the terms of the Trade Remedies Law, such as dumping and the dumping margin, specific subsidy, injury, like product, domestic industry, the types of reviews, interested parties and public interest persons.
- Article 2The article sets the aims of the Trade Remedies Law: protecting the domestic industry from dumped and subsidized imports, safeguarding against a surge in imports, and defending the Kingdom's exports.
- Article 3The article applies investigation and review procedures and their measures to imports from World Trade Organization member states under the Law and Regulations, and gives the Governor flexibility for imports from non-member states.
الفصل الثاني: الجهات التنفيذيةArticles 4–4
الفصل الثالث: التدابير النهائيةArticles 5–8
- Article 5The article allows final anti-dumping and countervailing measures as duties or price undertakings, and safeguard measures as duties or quantitative restrictions, after an investigation proves the case conclusively, and sets their scope and retroactive effect.
- Article 6The article limits anti-dumping and countervailing measures to the period and amount necessary and safeguard measures to what is needed, and allows measures to be modified through interim or anti-circumvention reviews, and a measure to be set for a new exporter.
- Article 7The article sets the duration of anti-dumping and countervailing measures at five years, extendable through a final review, and safeguard measures at an initial four years with a ten-year maximum, and sets conditions for reimposing safeguards.
- Article 8The article prevents final measures from exceeding the dumping margin or the subsidy amount, allows an importer to recover excess anti-dumping duties through a duty refund review, and bars double remedies for the same situation.
الفصل الرابع: التدابير المؤقتةArticles 9–11
- Article 9The article allows provisional measures as duties or guarantees on positive preliminary findings, sets their ceiling, requires them to be refunded if the investigation ends without measures, and allows price undertakings to be accepted before final findings.
- Article 10The article provides that final measures apply retroactively from the date of the provisional measures when injury is established, with the difference refunded if the final duties are lower, and that provisional duties are refunded if only a threat of injury is established.
- Article 11The article sets the timing and duration of provisional measures: not before 60 days from the start of the investigation, 4 months for anti-dumping (extendable), 4 months for countervailing, and 200 days for safeguards.
الفصل الخامس: الشكاوى والتحقيقات والمراجعاتArticles 12–12
الفصل السادس: مكافحة التحايلArticles 13–15
- Article 13The article sets the steps the Authority takes when circumvention of measures is established, such as widening their scope or raising their level without exceeding the dumping margin or subsidy amount, and when circumvention is considered established.
- Article 14The article lists circumvention practices, including limited modification of the product, shipping through non-subject countries, manipulating documents, reorganizing sales channels, absorption of the measure, and simple assembly under conditions.
- Article 15The article regulates anti-circumvention review, registration of imports and guarantees, retroactive collection of modified measures, exemption for non-participants, customs seizure of a circumventing importer, a fine of twice the evaded measure, and the Governor's deadlines.
الفصل السابع: فرض وتحصيل التدابير والإعلان العامArticles 16–18
- Article 16The article sets the content of the President's decision imposing provisional and final measures, its announcement and publication in the Official Gazette, its effect from the day after publication, its application to other decisions, and notifying the Safeguards Committee at the WTO.
- Article 17The article makes the application and collection of measures run through the Zakat, Tax and Customs Authority separately from customs duties, regulates price undertakings and quantitative restrictions, and applies decisions to imports that have not left the customs area.
- Article 18The article requires the Zakat, Tax and Customs Authority, at the Authority's request, to monitor customs items and create sub-items for the product under investigation or measure and related products, and to provide monthly reports.
الفصل الثامن: المصلحة العامةArticles 19–21
- Article 19The article regulates participation by persons with a public interest: declaring themselves within the set period, submitting documented information on the effect of measures, and keeping non-confidential information in a public file open to participants.
- Article 20The article requires the Authority to submit public interest information to the President without evaluating it, and gives him the power to impose, reduce or not impose measures by a reasoned decision.
- Article 21The article regulates the effects of a public interest decision: re-determining measures when they are reduced, and barring the domestic industry from filing a complaint on the same product and exporter for 6 months when they are not imposed.
الفصل التاسع: سرية المعلوماتArticles 22–23
- Article 22The article requires the Authority and everyone participating in or having access to investigations to keep confidential information confidential, and requires the Authority to regulate its storage and circulation and separate confidential from public files.
- Article 23The article prohibits disclosing confidential information except with written consent or a court judgment or order, and applies the Law on Penalties for Publishing and Disclosing Confidential Documents and Information to violators.
الفصل العاشر: المراجعة القضائيةArticles 24–27
- Article 24The article allows participating interested parties that are directly harmed to file a grievance with the President against his final decision within 30 days of its publication, and he decides by a reasoned decision within 60 days, failing which it is considered rejected.
- Article 25The article allows directly harmed interested parties to file an action to cancel the President's decision before the Administrative Court within 30 days of the decision on the grievance or the lapse of 60 days without one.
- Article 26The article allows an importer against whom the Governor issued a decision imposing a fine and collecting evaded measures to file a grievance with the Governor within 30 days, then a cancellation action before the Administrative Court within 30 days.
- Article 27The article allows interested parties harmed by the procedures of the Zakat, Tax and Customs Authority in applying and collecting measures to object to them under the procedures applied in customs transactions.
الفصل الحادي عشر: التحقيقات الخليجيةArticles 28–29
- Article 28The article allows the domestic industry to file a trade remedies complaint under the Law or under the Unified GCC Law, but not both, and bars imposing measures under both for the same situation.
- Article 29The article requires the Authority to coordinate with the relevant government bodies to help the domestic industry and the Technical Secretariat Office in Gulf investigations, including providing information and taking steps to apply measures under the Unified Law.
الفصل الثاني عشر: أحكام ختاميةArticles 30–37
- Article 30The article assigns the Authority to defend the Kingdom's exports by representing it in trade remedies proceedings brought by importing countries, and to advise and give technical support to the exporters concerned.
- Article 31The article binds the Authority to the mandatory time limits in the Law, the Implementing Regulations and the WTO agreements, and gives it the power to communicate directly with parties and to request, collect and keep confidential and non-confidential information.
- Article 32The article extends time limits to the day after the end of a holiday if they end on an official holiday or weekend, and provides that the last day ends at 3 p.m. Kingdom time.
- Article 33The article makes the Authority the Kingdom's representative before the WTO Dispute Settlement Body and others, gives the Governor the decision to litigate and defend, and the President, on the Governor's recommendation, the power to modify or end measures to implement final judgments.
- Article 34The article provides that investigation or review procedures do not prevent customs clearance of the product under investigation, and that duties owed are refunded or waived only as the Law and Regulations provide.
- Article 35The article provides that the anti-dumping, subsidies and countervailing measures, and safeguards agreements, and other WTO trade remedies provisions apply where the Law and the Regulations contain no provision.
- Article 36The article requires the Board of Directors of the General Authority for Foreign Trade to issue the Implementing Regulations of the Law within 90 days of the date the Law is published in the Official Gazette.
- Article 37The article provides that the Trade Remedies in International Trade Law takes effect after 90 days from the date of its publication in the Official Gazette.