Article 35 of the Saudi Trade Remedies Law

This article fills any gap in the Law and its Regulations by identifying the fallback reference where there is no provision.

The fallback reference: the following apply where no provision is made in the Law and the Regulations:

• The Anti-Dumping Agreement.
• The Agreement on Subsidies and Countervailing Measures.
• The Safeguards Agreement.
• Other provisions related to trade remedies in the Organization.

Under Article 1, trade remedies are the subjects covered by these three agreements in the Organization, and the Organization is the World Trade Organization.

Order of reference: one first looks to the provisions of the Law and the Regulations, and if there is no provision, to the agreements of the Organization and their related provisions on trade remedies. These agreements do not displace the Law where it has a provision; they supplement it.

This article follows Article 34, which provides that investigation procedures do not prevent customs clearance and that measures owed are not refunded or waived except under the Law and the Regulations. It is followed by Article 36, which requires the Council to issue the Regulations within 90 days of the date the Law is published in the Official Gazette. Anyone who needs to identify the governing rule on a point with no provision may consult a lawyer specializing in international matters and foreign investment.