AGREEMENT ON SUBSIDIES AND COUNTERVAILING MEASURES
Members hereby agree as follows:
PART I: GENERAL PROVISIONS
A rticle 1
Definition of a Subsidy
1.1For 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 territorythy
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);
(ii)government revenue that is otherwi due is foregone or not collected (e.g.
fiscal incentives such as tax credits)1;
(iii) a government provides goods or rvices other than general infrastructure, or purchas goods;book108
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(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;
ordeclarations
(a)(2)there is any form of income or price support in the n of Article XVI of GATT 1994;
and
(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 shall 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.
1In accordance with the provisions of Article XVI of GATT 1994 (Note to Article XVI) and the provisions of Annexes I through III of this Agreement, the exemption of an exported product from duties or taxes borne by the like product when destined for domestic consumption, or the remission of such duties or taxes in amounts not in excess of tho which have accrued, shall not be deemed to be a subsidy.
A rticle 2
Specificity
2.1In 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 e
nterpris") 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 authoritytame
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 conditions2 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 non-specificity 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.3 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 dee
杭州夏令营med to be a specific subsidy for the purpos of this Agreement.
2.3Any subsidy falling under the provisions of Article 3 shall be deemed to be specific.
2.4Any determination of specificity under the provisions of this Article shall be clearly substantiated on the basis of positive evidence.
2Objective criteria or conditions, as ud herein, mean criteria or conditions which are neutral, which do not favour certain enterpris over others, and which are economic in nature and horizontal in application, such as number of employees or size of enterpri.
3In this regard, in particular, information on the frequency with which applications for a subsidy are refud or approved and the reasons for such decisions shall be considered.
PART II: PROHIBITED SUBSIDIES
uqcA rticle 3
Prohibition
3.1Except as provided in the Agreement on Agriculture, the following subsidies, within the meaning of Article 1, shall be prohibited:
(a)subsidies contingent, in law or in fact4, whether solely or as one of veral other
conditions, upon export performance, including tho illustrated in Annex I5;
(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.
A rticle 4
Remedies
4.1Whenever 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 wi
th regard to the existence and nature of the subsidy in question.
4.3Upon 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.
4.4If no mutually agreed solution has been reached within 30 days6 of the request for consultations, any Member party to such consultations may refer the matter to the Dispute Settlement Body ("DSB") for the immediate establishment of a panel, unless the DSB decides by connsus not to establish a panel.
4.5Upon its establishment, the panel may request the assistance of the Permanent Group of Experts7 (referred to in this Agreement as the "PGE") with regard to whether the measure in question is a prohibited subsidy. If so requested, the PGE shall immediately review the evidence with regard to
4This standard is met when the facts demonstrate that the granting of a subsidy, without having been made legally contingent upon export performance, is in fact tied to actual or anticipated exporta
tion or export earnings. The mere fact that a subsidy is granted to enterpris which export shall not for that reason alone be considered to be an export subsidy within the meaning of this provision.
5Measures referred to in Annex I as not constituting export subsidies shall not be prohibited under this or any other provision of this Agreement.
6Any time-periods mentioned in this Article may be extended by mutual agreement.
7As established in Article 24.
the existence and nature of the measure in question and shall provide an opportunity for the Member applying or maintaining the measure to demonstrate that the measure in question is not a prohibited subsidy. The PGE shall report its conclusions to the panel within a time-limit determined by the panel. The PGE's conclusions on the issue of whether or not the measure in question is a prohibited subsidy shall be accepted by the panel without modification.
4.6The panel shall submit its final report to the parties to the dispute. The report shall be circulated to all Members within 90 days of the date of the composition and the establishment of the panel's terms of reference.
4.7If the measure in question is found to be a prohibited subsidy, the panel shall recommend that the subsidizing Member withdraw the subsidy without delay. In this regard, the panel shall specify in its recommendation the time-period within which the measure must be withdrawn.
4.8Within 30 days of the issuance of the panel's report to all Members, the report shall be adopted by the DSB unless one of the parties to the dispute formally notifies the DSB of its decision to appeal or the DSB decides by connsus not to adopt the report.
4.9Where a panel report is appealed, the Appellate Body shall issue its decision within 30 days from the date when the party to the dispute formally notifies its intention to appeal. When the Appellate Body considers that it cannot provide its report within 30 days, it shall inform the DSB in writing of the reasons for the delay together with an estimate of the period within which it will submit its report. In no ca shall the proceedings exceed 60 days. The appellate report shall be adopted by the DSB and unconditionally accepted by the parties to the dispute unless the DSB decides by connsus not to adopt the appellate report within 20 days following its issuance to the Members.8
4.10In the event the recommendation of the DSB is not followed within the time-period specified by the panel, which shall commence from the date of adoption of the panel’s report or the Appellate Bod
y’s report, the DSB shall grant authorization to the complaining Member to take appropriate9 countermeasures, unless the DSB decides by connsus to reject the request.
4.11In the event a party to the dispute requests arbitration under paragraph 6 of Article 22 of the Dispute Settlement Understanding ("DSU"), the arbitrator shall determine whether the countermeasures are appropriate.10
4.12For purpos of disputes conducted pursuant to this Article, except for time-periods specifically prescribed in this Article, time-periods applicable under the DSU for the conduct of such disputes shall be half the time prescribed therein.
8If a meeting of the DSB is not scheduled during this period, such a meeting shall be held for this purpo.
9This expression is not meant to allow countermeasures that are disproportionate in light of the fact that the subsidies dealt with under the provisions are prohibited.
10This expression is not meant to allow countermeasures that are disproportionate in light of the fact that the subsidies dealt with under the provisions are prohibited.
PART III: ACTIONABLE SUBSIDIES
A rticle 5英语翻译报价>英文歌曲流行
A dver Effects
No Member should cau, through the u of any subsidy referred to in paragraphs 1 and 2 of Article 1, adver effects to the interests of other Members, i.e.:
(a)injury to the domestic industry of another Member11;
(b)nullification or impairment of benefits accruing directly or indirectly to other Members
under GATT 1994 in particular the benefits of concessions bound under Article II of
GATT 199412;
(c)rious prejudice to the interests of another Member.13
This Article does not apply to subsidies maintained on agricultural products as provided in Article 13 of the Agreement on Agriculture.
A rticle 6
Serious Prejudice
6.1Serious prejudice in the n of paragraph (c) of Article 5 shall be deemed to exist in the ca of:
(a)the total ad valorem subsidization14 of a product exceeding 5 per cent15;
(b)subsidies to cover operating loss sustained by an industry;
(c)subsidies to cover operating loss sustained by an enterpri, other than one-time
measures which are non-recurrent and cannot be repeated for that enterpri and which
are given merely to provide time for the development of long-term solutions and to
avoid acute social problems;
11The term "injury to the domestic industry" is ud here in the same n as it is ud in Part V.
12The term "nullification or impairment" is ud in this Agreement in the same n as it is ud in the relevant provisions of GATT 1994, and the existence of such nullification or impairment shall be established in accordance with the practice of application of the provisions.
13The term "rious prejudice to the interests of another Member" is ud in this Agreement in the same n as it is ud in paragraph 1 of Article XVI of GATT 1994, and includes threat of rious prejudice.
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14The total ad valorem subsidization shall be calculated in accordance with the provisions of Annex IV.
15Since it is anticipated that civil aircraft will be subject to specific multilateral rules, the threshold in this subparagraph does not apply to civil aircraft.
