AGREEMENT ON SUBSIDIES AND COUNTERVAILING MEASURES
Members hereby agree as follows:
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带来的英文PART I: GENERAL PROVISIONS
Article 1
Definition of a Subsidy
1.1 For the purpo of this Agreement, a subsidy shall be deemed to exist if:
(a)(1) there is a financial contribution by a government or any public body within the territory of a Member (referred to in this Agreement as "government"), i.e. where:
(i) a government practice involves a direct transfer of funds (e.g. grants, loans, and equity infusion), potential direct transfers of funds or liabilities (e.g. loan guarantees);cable modem
(ii) government revenue that is otherwi due is foregone or not collected (e.g. fiscal incentives such as tax credits) ;
avio(iii) a government provides goods or rvices other than general infrastructure, or purchas goods;
(iv) a government makes payments to a funding mechanism, or entrusts or directs a private body to carry out one or more of the type of functions illustrated in (i) to (iii) above which would normally be vested in the government and the practice, in no real n, differs from practices normally followed by governments;
or
(a)(2) there is any form of income or price support in the n of Article XVI of GATT 1994;
and
跳舞的英文
(b) a benefit is thereby conferred.
1.2 A subsidy as defined in paragraph 1 shall be subject to the provisions of Part II or s
hall be subject to the provisions of Part III or V only if such a subsidy is specific in accordance with the provisions of Article 2.
Article 2
蛇蜻蜓
展台英文Specificity
2.1 In order to determine whether a subsidy, as defined in paragraph 1 of Article 1, is specific to an enterpri or industry or group of enterpris or industries (referred to in this Agreement as "certain enterpris") within the jurisdiction of the granting authority, the following principles shall apply:
(a) Where the granting authority, or the legislation pursuant to which the granting authority operates, explicitly limits access to a subsidy to certain enterpris, such subsidy shall be specific.
(b) Where the granting authority, or the legislation pursuant to which the granting authority operates, establishes objective criteria or conditions governing the eligibility for,
and the amount of, a subsidy, specificity shall not exist, provided that the eligibility is automatic and that such criteria and conditions are strictly adhered to. The criteria or conditions must be clearly spelled out in law, regulation, or other official document, so as to be capable of verification.
(c) If, notwithstanding any appearance of nonspecificity resulting from the application of the principles laid down in subparagraphs (a) and (b), there are reasons to believe that the subsidy may in fact be specific, other factors may be considered. Such factors are: u of a subsidy programme by a limited number of certain enterpris, predominant u by certain enterpris, the granting of disproportionately large amounts of subsidy to certain enterpris, and the manner in which discretion has been exercid by the granting authority in the decision to grant a subsidy. In applying this subparagraph, account shall be taken of the extent of diversification of economic activities within the jurisdiction of the granting authority, as well as of the length of time during which the subsidy programme has been in operation.
2.2 A subsidy which is limited to certain enterpris located within a designated geographical region within the jurisdiction of the granting authority shall be specific. It is understood that the tting or change of generally applicable tax rates by all levels of government entitled to do so shall not be deemed to be a specific subsidy for the purpos of this Agreement.
2.3 Any subsidy falling under the provisions of Article 3 shall be deemed to be specific.
2.4 Any determination of specificity under the provisions of this Article shall be clearly substantiated on the basis of positive evidence.
PART II: PROHIBITED SUBSIDIES
Article 3
Prohibition
3.1 Except as provided in the Agreement on Agriculture, the following subsidies, within the meaning of Article 1, shall be prohibited:
在线英文翻译中文>harbinger
(a) subsidies contingent, in law or in fact, whether solely or as one of veral other conditions, upon export performance, including tho illustrated in Annex I;
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(b) subsidies contingent, whether solely or as one of veral other conditions, upon the u of domestic over imported goods.
3.2 A Member shall neither grant nor maintain subsidies referred to in paragraph 1.
Article 4
Remedies
4.1 Whenever a Member has reason to believe that a prohibited subsidy is being granted or maintained by another Member, such Member may request consultations with such other Member.
4.2 A request for consultations under paragraph 1 shall include a statement of available evidence with regard to the existence and nature of the subsidy in question.
4.3 Upon request for consultations under paragraph 1, the Member believed to be granting or maintaining the subsidy in question shall enter into such consultations as quickly as possible. The purpo of the consultations shall be to clarify the facts of the situation and to arrive at a mutually agreed solution.
