补贴与反补贴协议Word格式文档下载.docx

1、）, 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 otherwise due is foregone or not collected （e.g. fiscal incentives such as

2、tax credits） ;（iii） a government provides goods or services other than general infrastructure, or purchases 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 w

3、ould normally be vested in the government and the practice, in no real sense, differs from practices normally followed by governments;or（a）（2） there is any form of income or price support in the sense of ArticleXVI of GATT1994;and（b） a benefit is thereby conferred.1.2 A subsidy as defined in paragra

4、ph1 shall be subject to the provisions of PartII or shall be subject to the provisions of PartIII orV only if such a subsidy is specific in accordance with the provisions of Article2.Article 2Specificity2.1 In order to determine whether a subsidy, as defined in paragraph1 of Article 1, is specific t

5、o an enterprise or industry or group of enterprises or industries （referred to in this Agreement as certain enterprises） 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 authori

6、ty operates, explicitly limits access to a subsidy to certain enterprises, 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

7、 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, no

8、twithstanding 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: use of a subsidy programme by a limited nu

9、mber of certain enterprises, predominant use by certain enterprises, the granting of disproportionately large amounts of subsidy to certain enterprises, and the manner in which discretion has been exercised by the granting authority in the decision to grant a subsidy. In applying this subparagraph,

10、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 enterprises located within a designate

11、d geographical region within the jurisdiction of the granting authority shall be specific. It is understood that the setting 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 purposes of this Agreement. 2.3

12、Any subsidy falling under the provisions of Article3 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 SUBSIDIESArticle 3Prohibition3.1 Except as provided in th

13、e Agreement on Agriculture, the following subsidies, within the meaning of Article1, shall be prohibited:（a） subsidies contingent, in law or in fact, whether solely or as one of several other conditions, upon export performance, including those illustrated in AnnexI;（b） subsidies contingent, whether

14、 solely or as one of several other conditions, upon the use of domestic over imported goods.3.2 A Member shall neither grant nor maintain subsidies referred to in paragraph1.Article 4 Remedies4.1 Whenever a Member has reason to believe that a prohibited subsidy is being granted or maintained by anot

15、her 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 paragraph1, the Memb

16、er believed to be granting or maintaining the subsidy in question shall enter into such consultations as quickly as possible. The purpose of the consultations shall be to clarify the facts of the situation and to arrive at a mutually agreed solution.4.4 If no mutually agreed solution has been reache

17、d within 30 days 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 consensus not to establish a panel.4.5 Upon its establishment, the panel may reque

18、st the assistance of the Permanent Group of Experts （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 the existence and nature of the measure in question and

19、 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 timelimit determined by the panel. The PGEs conclusions on the issue of whether or not

20、the measure in question is a prohibited subsidy shall be accepted by the panel without modification.4.6 The panel shall submit its final report to the parties to the dispute. The report shall be circulated to all Members within 90days of the date of the composition and the establishment of the panel

21、s terms of reference.4.7 If 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 timeperiod within which the measure must be withdrawn.

22、4.8 Within 30 days of the issuance of the panels 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 consensus not to adopt the report.4.9 Where a panel report is appealed, th

23、e 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

24、 with an estimate of the period within which it will submit its report. In no case 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 consensus not to adopt the appellate report w

25、ithin 20 days following its issuance to the Members.4.10 In the event the recommendation of the DSB is not followed within the timeperiod specified by the panel, which shall commence from the date of adoption of the panels report or the Appellate Bodys report, the DSB shall grant authorization to th

26、e complaining Member to take appropriate countermeasures, unless the DSB decides by consensus to reject the request. 4.11 In 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

27、 countermeasures are appropriate.4.12 For purposes of disputes conducted pursuant to this Article, except for timeperiods specifically prescribed in this Article, timeperiods applicable under the DSU for the conduct of such disputes shall be half the time prescribed therein. PART III: ACTIONABLE SUB

28、SIDIESArticle 5 Adverse Effects No Member should cause, through the use of any subsidy referred to in paragraphs 1 and 2 of Article1, adverse effects to the interests of other Members, i.e.:（a） injury to the domestic industry of another Member;（b） nullification or impairment of benefits accruing dir

29、ectly or indirectly to other Members under GATT1994 in particular the benefits of concessions bound under ArticleII of GATT（c） serious prejudice to the interests of another Member.This Article does not apply to subsidies maintained on agricultural products as provided in Article 13 of the Agreement

30、on Agriculture.Article 6Serious Prejudice6.1 Serious prejudice in the sense of paragraph （c） of Article5 shall be deemed to exist in the case of:（a） the total advalorem subsidization of a product exceeding 5per cent;（b） subsidies to cover operating losses sustained by an industry;（c） subsidies to co

31、ver operating losses sustained by an enterprise, other than onetime measures which are nonrecurrent and cannot be repeated for that enterprise and which are given merely to provide time for the development of longterm solutions and to avoid acute social problems;（d） direct forgiveness of debt, i.e. forgiveness of governmentheld debt, and grants to cover debt repayment.6.2 Notwithstanding the provisions of paragraph1, serious prejudice shall not be foun