Australia -
Subsidies Provided to Producers and
Exporters of Automotive Leather
Report of the Panel
(Note by the Secretariat)
The report of the Panel on Australia -
Subsidies Provided to Producers and Exporters of Automotive Leather is being
circulated to all Members, pursuant to the DSU. The report is being circulated
as an unrestricted document from 25 May 1999 pursuant to the Procedures for the
Circulation and Derestriction of WTO Documents (WT/L/160/Rev.1). Members are
reminded that in accordance with the DSU only parties to the dispute may appeal
a panel report. An appeal shall be limited to issues of law covered in the Panel
report and legal interpretations developed by the Panel. There shall be no ex
parte communications with the Panel or Appellate Body concerning matters under
consideration by the Panel or Appellate Body.
TABLE OF CONTENTS
I. INTRODUCTION
II. FACTUAL ASPECTS
III. PREVIOUS WTO DISPUTE SETTLEMENT PROCEDURES BETWEEN
THE PARTIES WITH RESPECT OF THE SAME OR RELATED MATTERS
IV. PROCEDURES ADOPTED BY THE PANEL GOVERNING
"BUSINESS" CONFIDENTIAL INFORMATION
V. FINDINGS AND RECOMMENDATIONS REQUESTED BY THE PARTIES
VI. PRELIMINARY ISSUES AND REQUESTS FOR PRELIMINARY RULINGS
A. Request for documents by the united States
B. Establishment of the panel
C. "Disclosure" Obligations under Article 4 of the
SCM Agreement
D. Admissibility of Evidence
VII. MAIN ARGUMENTS OF THE PARTIES
A. Measures
B. Nature of the Evidence presented
C. Article 1 of the SCM Agreement
1. "financial contribution"
2. "benefit"
3. calculation and allocation of the "benefit"
D. Article 3.1(a) of the SCM Agreement
1. Text of Article 3.1(a)
2. Principles of treaty interpretation
3. Interpretation of the phrase "contingent in law or
in fact upon export performance"
(a) application of the customary rules of interpretation
of public international law
(b) operational considerations
4. Application of Article 3.1(a) of the SCM Agreement in
this dispute 60
(a) "contingent, in law … upon export
performance"
(b) "contingent … in fact … upon export
performance"
(i) General
(ii) Prior measures and the designing of alternative
assistance to Howe
(iii) Intent
(iv) Conditions of the assistance and the size of the
domestic market
Factors including level of exports
Factors other than level of exports
E. Remedy
F. Time period for implementation
VIII. INTERIM REVIEW
IX. FINDINGS
A. Preliminary issues and requests for preliminary rulings
1. Australia's request for termination based on the
existence of multiple panels regarding the same matter
2. Compliance with Article 4.2 of the SCM Agreement
3. Limitation on evidence and arguments
4. Information acquired in the context of consultations held
pursuant to the first request (WT/DS106/1) and Exhibit 2 to the United States
first submission
B. Are the measures before the panel export subsidies within
the meaning of Article 3.1(a) of the SCM Agreement?
1. What are the measures before the Panel?
2. Are the measures before the panel "subsidies"
within the meaning of Article 1 of the SCM Agreement?
3. Are the subsidies in question "contingent, in law or
in fact" on export performance, within the meaning of Article 3.1(a) of
the SCM Agreement?
(a) contingent in law
(b) contingent in fact
(c) analysis of the facts
(i) the payments under the grant contract
(ii) the loan contract
X. CONCLUSIONS AND RECOMENDATIONS
Note by the Secretariat: This Panel Report
shall be adopted by the Dispute Settlement Body (DSB) within 30 days after the
date of its circulation unless a party to the dispute decides to appeal or the
DSB decides by consensus not to adopt the report. If the Panel Report is
appealed to the Appellate Body, it shall not be considered for adoption by the
DSB until after the completion of the appeal. Information on the current status
of the Panel Report is available from the WTO Secretariat.
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