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AGREEMENT ON SUBSIDIES AND COUNTERVAILING …

Page 229 AGREEMENT ON SUBSIDIES AND COUNTERVAILING MEASURESM embers hereby agree as follows:PART I: GENERAL PROVISIONSA rticle 1 Definition of a the purpose 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 territoryof a Member (referred to in this AGREEMENT as "government"), where:(i)a government practice involves a direct transfer of funds ( grants, loans,and equity infusion), potential direct transfers of funds or liabilities ( loanguarantees);(ii)government revenue that is otherwise due is foregone or not collected ( incentives such as tax credits)1;(iii)a government provides goods or services other than general infrastructure, orpurchases goods;(iv)a government makes payments to a funding mechanism, or entrusts or directsa 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 thepractice, in no real sense, differs from practices normally followed bygovernments;or(a)(2)there is any form of income or price support in the sense of Article XVI of GATT 1994;and(b)a benefit is thereby subsidy as defined in paragraph 1 shall be s

Dispute Settlement Understanding ("DSU"), the arbitrator shall determine whether the countermeasures are appropriate.10 4.12 For purposes 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

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  Settlement, Subsidies, Subsidies and countervailing, Countervailing

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