On 2 December 2022, the Law of Trade Remedies in International Trade ("the Trade Remedies Law") was published in the Official Gazette of the Kingdom of Saudi Arabia. It governs the conduct of anti-dumping, countervailing (anti-subsidy) and safeguard investigations and the imposition of trade remedies on imports into Saudi Arabia.
The Trade Remedies Law establishes a domestic trade remedy system distinct from that of the States of the Cooperation Council for the Arab States of the Gulf ("GCC"). It will apply in parallel to the GCC Common Law on Anti-Dumping, Countervailing and Safeguard Measure.
The Trade Remedies Law will apply to imports into Saudi Arabia from members of the World Trade Organization ("WTO") and may apply, further to a decision of the General Authority for Foreign Trade ("GAFT") to imports from countries that are not members of the WTO. Imports from GCC States may be concerned by trade remedy investigations but a committee headed by the Ministry of Industry and Mineral Resources and composed of the Ministry of Economy and Planning, the Zakat, Tax and Customs Authority and the GAFT will have to be consulted prior to the initiation of such investigations.
Under the Saudi trade remedy system, Saudi industries will be able to file complaints relating to the initiation of investigations when suffering injury because of unfairly traded and/or rapidly increasing imports into Saudi Arabia. The Governor and the Chairperson of the Board of Directors of the GAFT will take relevant decisions, including on the initiation and termination of investigations. The GAFT will conduct investigations.
Most final decisions taken under the Trade Remedies Law will be subject to a two-tier appeal system for interested parties. Grievances will be reviewable by the GAFT Chairperson and they may then be subject to administrative courts.
The Trade Remedies Law will be complemented by a Regulation setting forth implementing provisions. It will detail the rules for the conduct of anti-dumping, countervailing and safeguard measures that may be imposed in accordance with the international trade obligations of the Kingdom of Saudi Arabia, including the WTO Anti-Dumping Agreement, Agreement on Subsidies and Countervailing Measures and Agreement on Safeguards.
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