Safeguard Measures Act 2018 · As enacted
36. Extension of a definitive safeguard measure
Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.
Official translationFrom Department of Government Printing, unchanged
Where the domestic industry considers that there is a continuing need to apply a definitive safeguard measure beyond the initial period of its application, it shall submit a written request for extension of the measure, including evidence of the industry’s adjustment plan, to the Director-General, not less than a period of six months before the end of that period.
The Director-General shall conduct an investigation to determine whether an extension is warranted, and for the purpose of such investigation and determination, the procedures set forth in this Act for applying the original measure shall mutatis mutandis be followed.
Subject to the provisions of section 33, a safeguard measure may be extended only once.
The Director-General may recommend the extension of a definitive safeguard measure, only where he determines through an investigation referred to subsection (2), that the definitive safeguard measure continues to be necessary to prevent or remedy serious injury, and that there is evidence that the domestic industry is adjusting.
The Director-General shall submit his recommendations to the Committee within a period of ten working days, and the Committee may within a period of ten working days of the receipt of the same, recommend to the Minister in charge of the subject of Finance through the
Minister, the extension of a definitive safeguard measure, where it determines that –
the safeguard measures continues to be necessary to prevent or remedy serious injury;
and
there is evidence that the domestic industry is adjusting.
Where the Committee recommends the extension of a definitive safeguard measure, the Minister in charge of the subject of Finance in consultation with the Minister shall, within a period of fourteen working days of the receipt of the recommendation of the Committee taking into consideration the interest of the national economy, determine whether or not to extend such safeguard measure.
An extended definitive safeguard measure shall not be more restrictive than it was at the end of the initial period of application.
During an extension period, a safeguard measure shall continue to be progressively liberalized in accordance with a notice published to extend a definitive safeguard measure.
Such notice shall conform mutatis mutandis to the requirements in respect of the notice applying a definitive safeguard measure, provided for in section 29.