International Trade Laws Advisory

To give effect in Pakistan to the provisions of Article VI of the General Agreement on Trade and Tariff, 1994 (GATT) and to the Agreement on Implementation thereof and to consolidate the law relating to anti-dumping duties to offset such dumping, to provide a frame work for investigation and determination of dumping and injury in respect of goods imported into the commerce of Pakistan and for matters ancillary thereto or connected therewith, Antidumping Duties Act, 2015 (XIV of 2015) reforming and repealing Antidumping Duties Ordinance, 2000 (LXV of 2000) has been promulgated.

Similarly, to give effect to in Pakistan to the provisions of Article VI and XVI of the GATT and to the Agreement on Subsidies and Countervailing Measures and to further strengthen the law relating to imposition of countervailing duties to offset such subsidies, to provide a framework for investigation and determination of such subsidies and injury in respect of goods imported into the commerce of Pakistan and for matters ancillary thereto or connected therewith, Countervailing Duties Act, 2015 (XIII of 2015) reforming and repealing Countervailing Duties Ordinance, 2001 (I of 2001) has been promulgated.

Moreover, to give effect in Pakistan to the Provisions of Article XIX of the GATT and to the Agreement on Safeguards to provide for the imposition of Safeguard measures in accordance therewith, to provide a frame work for investigation and determination of serious injury caused by products importal into the commerce of Pakistan and for matters ancillary thereto or connected therewith, Safeguard Measures Act, 2015 (II of 2015) repealing, the Safeguard Ordinance, 2002 (XXXI of 2002) has also been promulgated.

To enforce these laws, Government of Pakistan established National Tariff Commission (NTC) through National Tariff Commission Act 2015 (XII of 2015) on September 10, 2015 [Repealing the National Tariff Commission Act, 1990 (VI of 1990)].

Aforesaid laws have been framed largely in accordance with the rules of the international trading system negotiated and signed by most of the world’s trading nations during the Uruguay Round (1986-94) under GATT. Uruguay Round also gave institutional form to the multilateral trading system, that led to creation of World Trade Organization (WTO) .These Agreements are therefore, called WTO Agreements.

WTO Agreements provide the legal ground-rules for international commerce. They are essentially contracts, binding governments to keep their trade policies within agreed limits. Although negotiated and signed by governments, the goal is to help producers of goods and services, exporters, and importers to conduct their business smoothly, while allowing governments to meet social and environmental objectives.

Overriding purpose of the WTO’s trading system is to help flow of international trade as freely as possible – so long as – there are no undesirable side effects ; that partly means removing obstacles. It also means ensuring that individuals, companies and governments know what the trade rules are around the world, and giving them the confidence that there will be no sudden changes of policy.

Trade relations often involve conflicting interests. The most harmonious way to settle these differences is through some neutral procedure based on an agreed legal foundation. That is the purpose behind the dispute settlement process provided in the WTO agreements.

The WTO agreements deal with: agriculture, textiles and clothing, banking, telecommunications, antidumping, government purchases, Industrial standards and product safety, food sanitation regulations, intellectual property, and much more. A number of simple fundamental principles run throughout all of these Agreements are the foundation of the multilateral trading system and include Most Favored Nation (MFN) treatment and National treatment rules etc.

While the business Community in Pakistan was at the stage of comprehending WTO Agreements and domestic laws framed in compliance of those agreements, S.U.Khan Associates entered in the field of international trade consultancy in 2004 and thus became Pioneer to guide and assist the local and foreign clients in tariff related issues, anti-dumping, subsidies and countervailing duties and safeguard measures.

Our Services

Keeping in line the unprecedented growth, globalization and the rapidly changing environment, multilateral trading system needs specialization in various disciplines to meet the challenges posed by these changes. This pre-requisite of specialization is available with S. U. Khan Associates that have achieved the highest level of competency in this area through in-house developed expertise and external collaborations with international consultants. S.U. Khan Associates has been recognized as a leading firm in international trade consultancy. In Pakistan, S.U.Khan Associates deals with most of the trade remedy cases and has delivered successful results to the national and international clients. The services available in this context include:

• Antidumping Investigations.

• Subsidies and countervailing Investigations.

• Safeguard Investigation.

• International trade management system

• International trade agreements advisory (PTAs & FTAs etc.)

• Foreign trade development

• Trade-related aspects of intellectual property rights.