Short title | Full case title and citation |
Argentina – Hides and Leather | Panel Report, Argentina – Measures Affecting the Export of Bovine Hides and Import of Finished Leather, WT/DS155/R and Corr.1, adopted 16 February 2001 |
Argentina – Import Measures | Appellate Body Reports, Argentina – Measures Affecting the Importation of Goods, WT/DS438/AB/R / WT/DS444/AB/R / WT/DS445/AB/R, adopted 26 January 2015 |
Argentina – Import Measures | Panel Reports, Argentina – Measures Affecting the Importation of Goods, WT/DS438/R and Add.1 / WT/DS444/R and Add.1 / WT/DS445/R and Add.1, adopted 26 January 2015, as modified (WT/DS438/R) and upheld (WT/DS444/R / WT/DS445/R) by Appellate Body Reports WT/DS438/AB/R / WT/DS444/AB/R / WT/DS445/AB/R |
Argentina – Textiles and Apparel | Appellate Body Report, Argentina – Measures Affecting Imports of Footwear, Textiles, Apparel and Other Items, WT/DS56/AB/R and Corr.1, adopted 22 April 1998 |
Australia – Salmon | Appellate Body Report, Australia – Measures Affecting Importation of Salmon, WT/DS18/AB/R, adopted 6 November 1998 |
Brazil ‑ Retreaded Tyres | Appellate Body Report, Brazil – Measures Affecting Imports of Retreaded Tyres, WT/DS332/AB/R, adopted 17 December 2007 |
Canada — Aircraft | Appellate Body Report, Canada – Measures Affecting the Export of Civilian Aircraft, WT/DS70/AB/R, adopted 20 August 1999 |
Canada — Autos | Appellate Body Report, Canada – Certain Measures Affecting the Automotive Industry, WT/DS139/AB/R, WT/DS142/AB/R, adopted 19 June 2000 |
Canada — Autos | Panel Report, Canada – Certain Measures Affecting the Automotive Industry, WT/DS139/R, WT/DS142/R, adopted 19 June 2000, as modified by Appellate Body Report WT/DS139/AB/R, WT/DS142/AB/R |
Canada — Periodicals | Appellate Body Report, Canada – Certain Measures Concerning Periodicals, WT/DS31/AB/R, adopted 30 July 1997 |
Canada — Wheat Exports and Grain Imports | Appellate Body Report, Canada – Measures Relating to Exports of Wheat and Treatment of Imported Grain, WT/DS276/AB/R, adopted 27 September 2004 |
Canada – Wheat Exports and Grain Imports | Panel Report, Canada – Measures Relating to Exports of Wheat and Treatment of Imported Grain, WT/DS276/R, adopted 27 September 2004, upheld by Appellate Body Report WT/DS276/AB/R |
Chile — Price Band System | Appellate Body Report, Chile – Price Band System and Safeguard Measures Relating to Certain Agricultural Products, WT/DS207/AB/R, adopted 23 October 2002 |
China — Auto Parts | Panel Reports, China – Measures Affecting Imports of Automobile Parts, WT/DS339/R, Add.1 and Add.2 / WT/DS340/R, Add.1 and Add.2 / WT/DS342/R, Add.1 and Add.2, adopted 12 January 2009, upheld (WT/DS339/R) and as modified (WT/DS340/R / WT/DS342/R) by Appellate Body Reports WT/DS339/AB/R / WT/DS340/AB/R / WT/DS342/AB/R |
China — Electronic Payment Services | Panel Report, China – Certain Measures Affecting Electronic Payment Services, WT/DS413/R and Add.1, adopted 31 August 2012 |
China — Publications and Audiovisual Products | Panel Report, China – Measures Affecting Trading Rights and Distribution Services for Certain Publications and Audiovisual Entertainment Products, WT/DS363/R and Corr.1, adopted 19 January 2010, as modified by Appellate Body Report WT/DS363/AB/R |
China — Raw Materials | Appellate Body Reports, China – Measures Related to the Exportation of Various Raw Materials, WT/DS394/AB/R / WT/DS395/AB/R / WT/DS398/AB/R, adopted 22 February 2012 |
China – Raw Materials | Panel Reports, China – Measures Related to the Exportation of Various Raw Materials, WT/DS394/R, Add.1 and Corr.1 / WT/DS395/R, Add.1 and Corr.1 / WT/DS398/R, Add.1 and Corr.1, adopted 22 February 2012, as modified by Appellate Body Reports WT/DS394/AB/R / WT/DS395/AB/R / WT/DS398/AB/R |
Colombia — Ports of Entry | Panel Report, Colombia – Indicative Prices and Restrictions on Ports of Entry, WT/DS366/R and Corr.1, adopted 20 May 2009 |
Dominican Republic – Import and Sale of Cigarettes | Appellate Body Report, Dominican Republic – Measures Affecting the Importation and Internal Sale of Cigarettes, WT/DS302/AB/R, adopted 19 May 2005 |
Dominican Republic – Import and Sale of Cigarettes | Panel Report, Dominican Republic – Measures Affecting the Importation and Internal Sale of Cigarettes, WT/DS302/R, adopted 19 May 2005, as modified by Appellate Body Report WT/DS302/AB/R |
EC — Asbestos | Appellate Body Report, European Communities – Measures Affecting Asbestos and Asbestos‑Containing Products, WT/DS135/AB/R, adopted 5 April 2001 |
EC — Asbestos | Panel Report, European Communities – Measures Affecting Asbestos and Asbestos‑Containing Products, WT/DS135/R and Add.1, adopted 5 April 2001, as modified by Appellate Body Report WT/DS135/AB/R |
EC — Bananas III | Appellate Body Report, European Communities – Regime for the Importation, Sale and Distribution of Bananas, WT/DS27/AB/R, adopted 25 September 1997 |
EC — Bananas III (Ecuador) | Panel Report, European Communities – Regime for the Importation, Sale and Distribution of Bananas, Complaint by Ecuador, WT/DS27/R/ECU, adopted 25 September 1997, as modified by Appellate Body Report WT/DS27/AB/R |
EC – Bananas III (US) | Panel Report, European Communities – Regime for the Importation, Sale and Distribution of Bananas, Complaint by the United States, WT/DS27/R/USA, adopted 25 September 1997, as modified by Appellate Body Report WT/DS27/AB/R |
EC — Bananas III (Guatemala and Honduras) | Panel Report, European Communities – Regime for the Importation, Sale and Distribution of Bananas, Complaint by Guatemala and Honduras, WT/DS27/R/GTM, WT/DS27/R/HND, adopted 25 September 1997, as modified by Appellate Body Report WT/DS27/AB/R |
EC — Bananas III (Mexico) | Panel Report, European Communities – Regime for the Importation, Sale and Distribution of Bananas, Complaint by Mexico, WT/DS27/R/MEX, adopted 25 September 1997, as modified by Appellate Body Report WT/DS27/AB/R |
EC — Commercial Vessels | Panel Report, European Communities – Measures Affecting Trade in Commercial Vessels, WT/DS301/R, adopted 20 June 2005 |
EC — Seal Products | Appellate Body Reports, European Communities – Measures Prohibiting the Importation and Marketing of Seal Products, WT/DS400/AB/R / WT/DS401/AB/R |
EC — Tariff Preferences | Panel Report, European Communities – Conditions for the Granting of Tariff Preferences to Developing Countries, WT/DS246/R, adopted 20 April 2004, as modified by Appellate Body Report WT/DS246/AB/R |
Guatemala – Cement I | Appellate Body Report, Guatemala – Anti‑Dumping Investigation Regarding Portland Cement from Mexico, WT/DS60/AB/R, adopted 25 November 1998 |
India – Autos | Panel Report, India – Measures Affecting the Automotive Sector, WT/DS146/R, WT/DS175/R, and Corr.1, adopted 5 April 2002 |
India – Quantitative Restrictions | Panel Report, India – Quantitative Restrictions on Imports of Agricultural, Textile and Industrial Products, WT/DS90/R, adopted 22 September 1999, upheld by Appellate Body Report WT/DS90/AB/R |
Japan – Alcoholic Beverages II | Appellate Body Report, Japan – Taxes on Alcoholic Beverages, WT/DS8/AB/R, WT/DS10/AB/R, WT/DS11/AB/R, adopted 1 November 1996 |
Korea — Various Measures on Beef | Appellate Body Report, Korea – Measures Affecting Imports of Fresh, Chilled and Frozen Beef, WT/DS161/AB/R, WT/DS169/AB/R, adopted 10 January 2001 |
Korea – Various Measures on Beef | Panel Report, Korea – Measures Affecting Imports of Fresh, Chilled and Frozen Beef, WT/DS161/R, WT/DS169/R, adopted 10 January 2001, as modified by Appellate Body Report WT/DS161/AB/R, WT/DS169/AB/R |
Mexico – Taxes on Soft Drinks | Appellate Body Report, Mexico – Tax Measures on Soft Drinks and Other Beverages, WT/DS308/AB/R, adopted 24 March 2006 |
Mexico – Telecoms | Panel Report, Mexico – Measures Affecting Telecommunications Services, WT/DS204/R, adopted 1 June 2004 |
Thailand – Cigarettes (Philippines) | Appellate Body Report, Thailand – Customs and Fiscal Measures on Cigarettes from the Philippines, WT/DS371/AB/R, adopted 15 July 2011 |
US — Carbon Steel | Appellate Body Report, United States – Countervailing Duties on Certain Corrosion‑Resistant Carbon Steel Flat Products from Germany, WT/DS213/AB/R and Corr.1, adopted 19 December 2002 |
US – Clove Cigarettes | Appellate Body Report, United States – Measures Affecting the Production and Sale of Clove Cigarettes, WT/DS406/AB/R, adopted 24 April 2012 |
US – Clove Cigarettes | Panel Report, United States – Measures Affecting the Production and Sale of Clove Cigarettes, WT/DS406/R, adopted 24 April 2012, as modified by Appellate Body Report WT/DS406/AB/R |
US – Continued Suspension | Appellate Body Report, United States – Continued Suspension of Obligations in the EC – Hormones Dispute, WT/DS320/AB/R, adopted 14 November 2008 |
US – COOL | Appellate Body Reports, United States – Certain Country of Origin Labelling (COOL) Requirements, WT/DS384/AB/R / WT/DS386/AB/R, adopted 23 July 2012 |
US – Countervailing and Anti‑Dumping Measures (China) | Appellate Body Report, United States – Countervailing and Anti‑Dumping Measures on Certain Products from China, WT/DS449/AB/R and Corr.1, adopted 22 July 2014 |
US – FSC (Article 21.5 – EC) | Appellate Body Report, United States – Tax Treatment for "Foreign Sales Corporations" – Recourse to Article 21.5 of the DSU by the European Communities, WT/DS108/AB/RW, adopted 29 January 2002 |
US – Gambling | Appellate Body Report, United States – Measures Affecting the Cross‑Border Supply of Gambling and Betting Services, WT/DS285/AB/R, adopted 20 April 2005 |
US – Gambling | Panel Report, United States – Measures Affecting the Cross‑Border Supply of Gambling and Betting Services, WT/DS285/R, adopted 20 April 2005, as modified by Appellate Body Report WT/DS285/AB/R |
US – Gasoline | Appellate Body Report, United States – Standards for Reformulated and Conventional Gasoline, WT/DS2/AB/R, adopted 20 May 1996 |
US – Offset Act (Byrd Amendment) | Appellate Body Report, United States – Continued Dumping and Subsidy Offset Act of 2000, WT/DS217/AB/R, WT/DS234/AB/R, adopted 27 January 2003 |
US — Poultry (China) | Panel Report, United States – Certain Measures Affecting Imports of Poultry from China, WT/DS392/R, adopted 25 October 2010 |
US — Section 211 Appropriations Act | Appellate Body Report, United States – Section 211 Omnibus Appropriations Act of 1998, WT/DS176/AB/R, adopted 1 February 2002 |
US — Shrimp | Appellate Body Report, United States – Import Prohibition of Certain Shrimp and Shrimp Products, WT/DS58/AB/R, adopted 6 November 1998 |
US ‑ Shrimp (Article 21.5 ‑ Malaysia) | Appellate Body Report, United States – Import Prohibition of Certain Shrimp and Shrimp Products – Recourse to Article 21.5 of the DSU by Malaysia, WT/DS58/AB/RW, adopted 21 November 2001 |
US – Shrimp (Thailand) | Panel Report, United States – Measures Relating to Shrimp from Thailand, WT/DS343/R, adopted 1 August 2008, as modified by Appellate Body Report WT/DS343/AB/R / WT/DS345/AB/R |
US – Softwood Lumber IV | Appellate Body Report, United States – Final Countervailing Duty Determination with Respect to Certain Softwood Lumber from Canada, WT/DS257/AB/R, adopted 17 February 2004 |
US — Tuna II (Mexico) | Appellate Body Report, United States – Measures Concerning the Importation, Marketing and Sale of Tuna and Tuna Products, WT/DS381/AB/R, adopted 13 June 2012 |
US — Upland Cotton | Panel Report, United States – Subsidies on Upland Cotton, WT/DS267/R, Add.1 to Add.3 and Corr.1, adopted 21 March 2005, as modified by Appellate Body Report WT/DS267/AB/R |
US – Wool Shirts and Blouses | Appellate Body Report, United States – Measure Affecting Imports of Woven Wool Shirts and Blouses from India, WT/DS33/AB/R, adopted 23 May 1997, and Corr.1 |
US – Zeroing (EC) (Article 21.5 – EC) | Appellate Body Report, United States – Laws, Regulations and Methodology for Calculating Dumping Margins ("Zeroing") – Recourse to Article 21.5 of the DSU by the European Communities, WT/DS294/AB/RW and Corr.1, adopted 11 June 2009 |
US – 1916 Act | Appellate Body Report, United States – Anti‑Dumping Act of 1916, WT/DS136/AB/R, WT/DS162/AB/R, adopted 26 September 2000 |
Exhibit | Short title | Full title |
ARG‑5 | OECD, Harmful Tax Competition – An Emerging Global Issue(1998) | OECD, Harmful Tax Competition – An Emerging Global Issue, 1998 |
ARG‑6 | OECD, Towards Global Tax Co‑operation (2000) | OECD, Towards Global Tax Co‑operation. Report to the 2000 Ministerial Council Meeting and Recommendations by the Committee on Fiscal Affairs. Progress in Identifying and Eliminating Harmful Tax Practices |
ARG‑7 | OECD, 2001 Report | OECD, The OECD's Project on Harmful Tax Practices: The 2001 Progress Report |
ARG‑8 | Note from the Minister of the Economy and Finance of Panama to the Secretary‑General of the OECD (2002) | Note from the Minister of the Economy and Finance of Panama to the Secretary‑General of the OECD, 15 April 2002 |
ARG‑9 | OECD, 2004 Report | OECD, The OECD's Project on Harmful Tax Practices: The 2004 Progress Report |
ARG‑10 | Global Forum, A Process for Achieving a Global Level Playing Field (2004) | OECD, A Process for Achieving a Global Level Playing Field, Global Forum on Taxation, Berlin, 3‑4 June 2004 |
ARG‑14 | G‑20, Declaration, Summit on Financial Markets and the World Economy (2008) | G‑20, Declaration, Summit on Financial Markets and the World Economy, 15 November 2008 |
ARG‑15 | G‑20, Leader's Statement (2009) | G‑20, Leader's Statement, The Pittsburgh Summit, 24‑27 September 2009 |
ARG‑17 | OECD, Global Forum, Moving Forward on the Global Standards of Transparency and Exchange of Information for Tax Purposes (2009) | OECD, Global Forum, Moving Forward on the Global Standards of Transparency and Exchange of Information for Tax Purposes, Mexico, 1‑2 September 2009 |
ARG‑19 | G‑20, Cannes Summit Final Declaration: Building our Common Future(2011) | G‑20, Cannes Summit Final Declaration: Building our Common Future: Renewed Collective Action for the Benefit of All, 2011 |
ARG‑20 | G‑20, Leaders Declaration (2012) | G‑20, Leaders Declaration, Los Cabos, Mexico, 2012 |
ARG‑21 | Action Plan on Base Erosion and Profit Shifting (2013) | OECD, Action Plan on Base Erosion and Profit Shifting, 2013 |
ARG‑22 | OECD, Addressing Base Erosion and Profit Shifting (2013) | OECD, Addressing Base Erosion and Profit Shifting (BEPS), 2013 |
ARG‑24 | OECD, Behind the Corporate Veil – Using Corporate Entities for Illicit Purposes (2001) | OECD, Behind the Corporate Veil – Using Corporate Entities for Illicit Purposes, 2001 |
ARG‑25 | FATF, The FATF Recommendations (2012) | FATF, International Standards on Combating Money Laundering and the Financing of Terrorism & Proliferation, The FATF Recommendations, February 2012 |
ARG‑26 | GAFISUD, Recomendaciones del GAFI (2012) | GAFISUD, Estándares Internacionales sobre la Lucha contra el Lavado de Activos y el Financiamiento del Terrorismo y la Proliferación, Las Recomendaciones del GAFI, February 2012 |
ARG‑32 | Law on concealment and laundering of money of criminal origin | Law No. 25,246 of 5 May 2000 on concealment and laundering of money of criminal origin |
ARG‑36 | Global Forum, Tax Transparency 2013 | Global Forum on Transparency and Exchange of Information for Tax Purposes,Tax Transparency 2013: Report on Progress, 2013 |
ARG‑40 | Global Forum, Terms of Reference (2010) | OECD, Global Forum on Transparency and Exchange of Information for Tax Purposes,Terms of Reference to Monitor and Review Progress Towards Transparency and Exchange of Information for Tax Purposes, 2010 |
ARG‑41 | OECD, Tax Co‑operation 2009 – Towards a level playing field | OECD, Tax Co‑operation 2009 – Towards a level playing field ‑ 2009 Assessment by the Global Forum on Transparency and Exchange of Information |
ARG‑44 | AFIP,Offshore companies – Fraudulent manœuvres and harmful tax planning | Federal Administration of Public Revenue (AFIP), Sociedades Off‑shore – Maniobras fraudulentas y planificación fiscal nociva (Offshore companies – Fraudulent manœuvres and harmful tax planning), 2013 |
ARG‑47 | SSN Resolution No. 38,284/2014 | Resolution No. 38,284 of the National Insurance Supervisory Authority (SSN) of 21 March 2014 |
ARG‑64 | IGJ Resolution No. 1/2014 | General Resolution No. 1/2014 of the General Justice Inspectorate (IGJ) of 8 April 2014 |
ARG‑71 | Communication "C" No. 65366 | Communication "C" No. 65366 of the Central Bank of the Argentine Republic of 26 February 2014 |
ARG‑75 | Communication "A" No. 5237 | Communication "A" No. 5237 of the Central Bank of the Argentine Republic of 28 October 2011 |
ARG‑85 | G‑20 Statement on Transparency and Exchange of Information for Tax Purposes (2004) | G‑20 Statement on Transparency and Exchange of Information for Tax Purposes, 21 November 2004 |
ARG‑87 | G‑20 Declaration, Saint Petersburg Summit (2013) | G‑20 Declaration,Saint Petersburg Summit, 5‑6 September 2013 |
ARG‑88 | ASSAL, General solvency criteria – Reinsurance operations | Latin American Association of Insurance Supervisors (ASSAL), Criterios generales de solvencia – Operaciones de reaseguro (General solvency criteria – Reinsurance operations), August 1999 |
ARG‑90 | G‑20 Toronto Summit Declaration (2010) | G‑20 Toronto Summit Declaration, 26‑27 June 2010 |
ARG‑94 | ITIO, Leveling the playing field (2005) | International Trade and Investment Organization (ITIO), Leveling the playing field, OECD Global Tax Forum, Melbourne, 15‑16 November 2005 |
ARG‑114 | Communiqué, Meeting of Finance Ministers and Central Bank Governors (2009) | Communiqué, Meeting of Finance Ministers and Central Bank Governors, United Kingdom, 2009 |
ARG‑128 | Meeting of G‑20 Finance Ministers and Central Bank Governors (2014) | Meeting of G‑20 Finance Ministers and Central Bank Governors, Cairns, 20‑21 September 2014 |
ARG‑135 | SSN Resolution No. 38,708/2014 | Resolution No. 38,708 of the National Insurance Supervisory Authority (SSN) and the Annex thereto: General Regulations for Insurance Activities (RGAA), of 6 November 2014 |
ARG‑140 | IAIS, Systemic Risk and the Insurance Sector (2009) | International Association of Insurance Supervisors (IAIS),Systemic Risk and the Insurance Sector, 25 October 2009 |
PAN‑1 | RIG(Implementing Regulations for the Gains Tax Law) | Decree No. 1344 of 19 November 1998 establishing the Implementing Regulations for the Gains Tax Law |
PAN‑19 | Argentina ‑ Schedule of Specific Commitments | Argentina ‑ Schedule of Specific Commitments, GATS/SC/4, 15 April 1994 |
PAN‑35 | Mapfre Foundation, An Introduction to Reinsurance | MAPFRE Foundation, An Introduction to Reinsurance, https://www.mapfre.com/documentacion/publico/i18n/catalogo_imagenes/grupo.cmd?path=1074274 (http://www.mapfre.com/documentacion/publico/i18n/catalogo_imagenes/grupo.cmd?path=1062314) |
PAN‑47 | Note by the WTO Secretariat on economic needs tests (2001) | Note by the WTO Secretariat on economic needs tests, S/CSS/W/118, 30 November 2001 |
PAN‑83 | Constitutional Principles on Tax Matters | Principios de Derecho Constitucional Argentino en Materia Tributaria (Principles of Argentine Constitutional Law on Tax Matters) |
PAN‑3 / ARG‑35 | Decree No. 589/2013 | Decree No. 589 of the Federal Administration of Public Revenue (AFIP) of 27 May 2013 |
PAN‑3 / ARG‑37 | AFIP Resolution No. 3,576/2013 | General Resolution No. 3,576 of the Federal Administration of Public Revenue (AFIP) of 27 December 2013 |
PAN‑4 / ARG‑42 | Gains Tax Law (LIG) | Law No. 20,628 on Gains Tax of 29 December 1973 |
PAN‑9 / ARG‑45 | Law on Tax Procedure (LPT) | Law No. 11,683 on Tax Procedure of 13 July 1998 |
PAN‑34 / ARG‑43 | Law on Commercial Companies (LSC) | Law No. 19,550 on Commercial Companies of 3 April 1972 |
PAN‑36 / ARG‑27 | SSN Resolution No. 35,615/2011 | Resolution No. 35,615 of the National Insurance Supervisory Authority (SSN) of 11 February 2011 |
PAN‑40 / ARG‑48 | SSN Resolution No. 35,794/2011 | Resolution No. 35,794 of the National Insurance Supervisory Authority (SSN) of 19 May 2011 |
PAN‑45 / ARG‑39 | 2001 Guidelines | Guidelines for the Scheduling of Specific Commitments under the General Agreement on Trade in Services (GATS) ‑ Adopted by the Council for Trade in Services on 23 March 2001, S/L/92 |
PAN‑46 / ARG‑79 | 1993 Guidelines | Scheduling of Initial Commitments in Trade in Services: Explanatory Note, MTN.GNS/W/164, 3 September 1993 |
PAN‑48 / ARG‑49 | Capital Market Law | Law No. 26,831 on the Capital Market of 27 December 2012 |
PAN‑58 / ARG‑50 | CNV Rules 2013 | Rules of the National Securities Commission, New Text 2013 (Title XI), approved by means of General Resolution No. 622 |
PAN‑62 / ARG‑33 | IGJ Resolution No. 7/2005 | General Resolution No. 7 of the General Justice Inspectorate (IGJ) of 25 August 2005 (Book III, Title III) |
PAN‑67 / ARG‑69 | Communication "A" No. 4662 | Communication "A" No. 4662 of the Central Bank of the Argentine Republic of 11 May 2007 |
PAN‑68 / ARG‑70 | Communication "A" No. 4692 | Communication "A" No. 4692 of the Central Bank of the Argentine Republic of 31 July 2007 |
PAN‑71 / ARG‑31 | Communication "A" No. 4940 | Communication "A" No. 4940 of the Central Bank of the Argentine Republic of 12 May 2009 |
Abbreviation | Description |
AEOI | Automatic Exchange of Information |
AFIP | Federal Public Revenue Administration |
AML/CFT | Anti‑money laundering/Combating the financing of terrorism |
ASSAL | Association of Latin American Insurance Supervisors |
BCRA | Central Bank of the Argentine Republic |
BEPS | Base Erosion and Profit Shifting |
CDD | Customer due diligence |
CNV | National Securities Commission |
Cooperative country | Country cooperating for tax transparency purposes |
DSB | Dispute Settlement Body |
DSU | Understanding on Rules and Procedures Governing the Settlement of Disputes |
EOIR | Exchange of information on request |
FATF | Financial Action Task Force |
FSRB | FATF‑style regional body |
G‑20 | Group of Twenty |
GAFILAT | Financial Action Task Force of Latin America |
GATS | General Agreement on Trade in Services |
GATT 1994 | General Agreement on Tariffs and Trade 1994 |
Global Forum | Global Forum on Transparency and Exchange of Information for Tax Purposes |
IAIS | International Association of Insurance Supervisors |
ICJ | International Court of Justice |
IGJ | General Justice Inspectorate |
IMF | International Monetary Fund |
IOSCO | Organization of Securities Commissions |
LIG | Gains Tax Law |
LPT | Law on Tax Procedure |
LSC | Law on Commercial Companies |
MFN | Most Favoured Nation |
MULC | Single Free Foreign Exchange Market |
Non‑cooperative country | Country not cooperating for tax transparency purposes |
N.T. 2013 | New Text of 2013 CNV Rules |
OECD | Organisation for Economic Co‑operation and Development |
PRP | Peer review process |
RAE | Real Academia Española [Spanish Royal Academy] |
RIG | Regulation to the Gains Tax Law |
SSN | National Insurance Supervisory Authority |
TBT Agreement | Agreement on Technical Barriers to Trade |
WTO | World Trade Organization |
Vienna Convention | Vienna Convention on the Law of Treaties |
To examine, in the light of the relevant provisions of the covered agreements cited by the parties to the dispute, the matter referred to the DSB by Panama in document WT/DS453/4 and to make such findings as will assist the DSB in making the recommendations or in giving the rulings provided for in those agreements.5
Chairperson: Mr Pierre Pettigrew
Members: Mr Gonzalo de las Casas
Mr Rodrigo Valenzuela
Article 1 –...
Countries, dominions, jurisdictions, territories, associate States or special tax regimes which have signed with the Government of the ARGENTINE REPUBLIC an agreement on exchange of tax information or a convention for the avoidance of international double taxation with a broad information exchange clause shall be considered cooperative for tax transparency purposes, provided that there is an effective exchange of information.
This status shall lapse in cases where the signed agreement or convention is denounced or becomes inoperative for any reason of nullity or termination governing international agreements or if it is found that there is a lack of effective exchange of information.
A country may also be recognized as cooperative for tax transparency purposes if the government concerned has initiated the required negotiations with the Government of the ARGENTINE REPUBLIC with a view to signing an agreement on exchange of tax information or a convention for the avoidance of international double taxation with a broad information exchange clause.
The agreements and conventions referred to in this Article shall as far as possible comply with the international standards on transparency adopted by the Global Forum on Transparency and Exchange of Information for Tax Purposes so that by virtue of the application of their domestic rules, the respective countries, dominions, jurisdictions, territories, associate States or special tax regimes with which such agreements or conventions have been signed may not invoke banking, stock market or any other form of secrecy in response to specific requests for information from the ARGENTINE REPUBLIC.
The FEDERAL PUBLIC REVENUE ADMINISTRATION, an autonomous body within the MINISTRY OF THE ECONOMY AND PUBLIC FINANCE, shall establish the criteria for determining whether or not there is effective exchange of information and the necessary requirements for initiating negotiations on the signing of the aforementioned agreements and conventions.
Measure No. | Description |
1 | Tax treatment in the collection of gains tax on certain transactions involving non‑cooperative countries (hereinafter withholding tax on payments of interest or remuneration) |
2 | Tax treatment imposed on entry of funds from non‑cooperative countries (hereinafter presumption of unjustified increase in wealth) |
3 | Valuation of transactions with persons from non‑cooperative countries (hereinafter transaction valuation based on transfer prices) |
4 | Criteria for applying deductions (hereinafter payment received rule20 for the allocation of expenditure) |
5 | Measures affecting trade in reinsurance and retrocession services21 (hereinafter requirements relating to reinsurance services) |
6 | Measures affecting trade in financial instruments (hereinafter requirements for access to the Argentine capital market) |
7 | Requirements for the registration of companies, branches and shareholders of certain foreign service suppliers (hereinafter requirements for the registration of branches) |
8 | Measures affecting the repatriation of investments (hereinafter foreign exchange authorization requirement) |
When beneficiaries abroad are paid amounts under the headings indicated below, a net gain shall be presumed against any evidence to the contrary:
(c) Interest or remuneration paid on credits, loans or placements of funds of any origin or type obtained abroad:
1. Forty‑three per cent (43%) when the borrower or loan or fund recipient is an entity governed by Law No. 21,526 or if the transactions involve the financing of imports of depreciable movables – except automobiles – provided by the suppliers.
The presumption established in this section shall also apply if the borrower is one of the other persons covered by Article 49 of this Law, a natural person or undivided estate, provided that the creditor is a banking or financial entity based in a jurisdiction not considered to have no or low taxes27 in accordance with the rules in this Law and its implementing regulations or in a jurisdiction that has signed an information exchange agreement with the Argentine Republic and also, by application of its domestic rules, may not involve banking, stock market or any other form of secrecy in response to request for information from the competent tax authority. The financial entities covered by this paragraph are those subject to supervision by the respective central bank or equivalent institution.
The same treatment shall apply if the interest or remuneration consists of debt bonds presented in countries with which there is a reciprocal agreement on protecting investment, provided that their registration in the Argentine Republic, in accordance with the provisions of Law No. 23,576 and the amendments thereto, takes place within two (2) years following their issuance.
2. One hundred per cent (100%) when the borrower or loan or fund recipient is a person covered by Article 49 of this Law, excluding the entities governed by Law No. 21,526 and amendments thereto, a natural person or undivided estate, and the creditor does not meet the condition and requirement specified in the second paragraph of the preceding section.
In the case of funds from countries with low or no taxes34 ‑ as indicated in Article 15 of the Gains Tax Law (consolidated text of 1997 and amendments thereto) – irrespective of their nature or purpose or the type of transaction involved, it shall be considered that such funds constitute unjustified increases in wealth for the local borrower or recipient.
Unjustified increases in wealth referred to in the preceding paragraph amounting to over TEN PER CENT (10%) in the form of income disposed of or consumed as non‑deductible expenditure, represent net gains during the financial year in which they occur, for the purposes of determining the gains tax and, where applicable, the basis for estimating the taxable transactions omitted from the respective marketing year in terms of value added and internal taxes.
Notwithstanding the provisions in the preceding paragraphs, the Federal Public Revenue Administration shall consider as justified such entries of funds as are conclusively proven by the interested party to have originated from activities actually carried out by the taxpayer or by a third party in those countries or from placements of duly declared funds.
Article 8
Operations covered by this article that are conducted with natural or legal persons domiciled, incorporated or located in countries with low or no taxes39 shall not be considered as consistent with normal arm's‑length market practices or prices, in which case the rules of the aforementioned Article 15 shall apply.
Article 15
Where stable institutions domiciled or located in the country or companies covered by subparagraphs (a) and (b) and trust funds referred to in the subparagraph added after subparagraph (d) of the first paragraph of Article 49, respectively, conduct transactions with natural or legal persons domiciled, incorporated or located in countries with low or no taxes40, as referred to exhaustively in the regulations, such transactions shall not be considered to be in line with normal arm's‑length market practices or prices.
In the case of outlays by local companies which result in profits of Argentine source for foreign persons or entities with which these companies are related or for persons or entities located, incorporated, based or domiciled in jurisdictions with low or no taxes42, the allocation to the tax balance may only be made at the time of payment or in any of the cases covered by the sixth paragraph of this Article or, in their absence, if one of the situations indicated arises within the period allowed for submission of the sworn declaration that the respective outlay has been accrued.
Point 18 of Annex I to SSN Resolution No. 35,615/2011
No authorization may be given to branches of foreign companies based in countries where the rate of gains or similar tax is less than twenty per cent (20%) or where domestic legislation imposes secrecy in regard to the corporate structure of legal persons, or in jurisdictions, territories or States with low or no taxes, so‑called "tax havens", and/or countries or territories that do not cooperate in the global fight against money laundering and terrorist financing offences according to the criteria defined by the Financial Action Task Force (FATF).
Point 19 of Annex I to SSN Resolution No. 35,615/2011
The National Insurance Supervisory Authority, by means of a special reasoned resolution on certain reinsurance transactions duly specified by the requesting insurer, may allow authorized entities to carry out insurance operations in the country, enter into reinsurance contracts with foreign reinsurance entities which conduct their operations from their head office when the magnitude or characteristics of the ceded risks make it impossible to cover such reinsurance transactions on the national reinsurance market. The request shall be submitted prior to entering into the contract and shall be accompanied by all the evidence needed to justify the special criterion.
Point 20(f) of Annex I to SSN Resolution No. 35,615/2011
No authorization for registration as foreign reinsurance entities accepting reinsurance transactions from their country of origin may be given to establishments based in countries where the rate of gains or similar tax is less than twenty per cent (20%) or where domestic legislation imposes secrecy in regard to the corporate structure of legal persons, or in jurisdictions, territories or States with low or no taxes, so‑called "tax havens", and/or countries or territories that do not cooperate in the global fight against money laundering and terrorist financing offences according to the criteria defined by the Financial Action Task Force (FATF).
Article 4 of SSN Resolution No. 35,794/2011
For the purposes of point 19 of Annex I to SSN Resolution No. 35,615, it is stipulated that individual risks exceeding US$50,000,000 (FIFTY MILLION UNITED STATES DOLLARS) may be reinsured with the reinsurance entities mentioned in point 20 of the aforementioned regulations ("approved reinsurers"), for that portion which exceeds the aforementioned amount.
ARTICLE 1: Replace point 18 of ANNEX I to SSN Resolution No. 35,615/2011 by the following:
"Branches of foreign companies must prove that the parent company:
(a) Has been incorporated and registered in countries, dominions, jurisdictions, territories or associate States considered 'cooperative for tax transparency purposes', in accordance with the provisions of Decree No. 589/2013 and supplementary regulations.
If the parent company of the branch of the foreign company has not been incorporated and registered in accordance with the terms of the preceding paragraph, it must prove that it is subject to the control and supervision of a body which fulfils functions similar to those of the NATIONAL INSURANCE SUPERVISORY AUTHORITY, and with which a memorandum of understanding on cooperation and exchange of information has been signed.
(b) Has been incorporated and registered in countries, dominions, jurisdictions, territories or associate States that cooperate in the global fight against money laundering and terrorist financing offences in accordance with the criteria defined in the public documents issued by the FINANCIAL ACTION TASK FORCE (FATF).
If the parent company of the branch of the foreign company has not been incorporated and registered in accordance with the terms of the preceding paragraph, the assessment of the request for authorization shall be subject to enhanced due diligence, proportionate to the risks, and the counter‑measures indicated in Recommendation 19 of the FINANCIAL ACTION TASK FORCE (FATF) and the Interpretive Note thereto may be applied."
ARTICLE 2 ‑ Replace subparagraph (f) of point 20 of ANNEX I to SSN Resolution No. 35,615 by the following:
"(f) Prove that they have been incorporated and registered in:
I. Countries, dominions, jurisdictions, territories or associate States considered 'cooperative for tax transparency purposes', in accordance with the provisions of Decree No. 589/2013 and supplementary regulations.
If they have not been incorporated and registered in accordance with the terms of the preceding paragraph, they must prove that they are subject to the control and supervision of a body which fulfils functions similar to those of the NATIONAL INSURANCE SUPERVISORY AUTHORITY, and with which a memorandum of understanding on cooperation and exchange of information has been signed.
II. They have been incorporated and registered in countries, dominions, jurisdictions, territories or associate States that cooperate in the global fight against money laundering and terrorist financing offences in accordance with the criteria defined in the public documents issued by the FINANCIAL ACTION TASK FORCE (FATF).
If they have not been incorporated and registered in accordance with the terms of the preceding paragraph, the assessment of the request for authorization shall be subject to enhanced due diligence, proportionate to the risks, and the counter‑measures indicated in Recommendation 19 of the FINANCIAL ACTION TASK FORCE (FATF) and the Interpretive Note thereto may be applied."
All the persons indicated in Article 1 above55 may only engage in transactions involving the public offering of negotiable securities, forward contracts, futures or options of any nature or other financial instruments or products, when they are conducted or ordered by persons incorporated, domiciled or residing in dominions, jurisdictions, territories or associate States included in the list of cooperative countries set forth in Article 2, subparagraph (b), of Decree No. 589/2013.
If such persons are not included in the above‑mentioned list and in their home jurisdiction have the status of intermediaries registered with an entity under the control and supervision of a body fulfilling functions similar to those of the Commission, such transactions shall go forward only if it is certified that the aforementioned body in their home jurisdiction has signed a memorandum of understanding on cooperation and exchange of information with the NATIONAL SECURITIES COMMISSION.
The General Justice Inspectorate shall closely review compliance with the requirements of Article 188, subparagraph 3, subsections (b) and (c)57 by companies which, without being offshore or from offshore jurisdictions, have been set up, registered or incorporated in jurisdictions considered as having low or no taxes58 and/or classified as not collaborating in the fight against "money laundering" and transnational crime.
Accordingly:
1. Certification that the company is effectively engaged in economically significant business activities in the place where it was set up, registered or incorporated and/or in third countries shall be required, for which the company may have to provide:
(a) The relevant documents showing its latest approved accounting statements;
(b) A deed describing the main operations conducted during the financial year to which the accounting statements correspond or during the immediately preceding year if the accounting frequency is less, indicating the dates, parties, purpose and economic volume concerned, to be signed by the competent authority in the country of origin or by an officer of the company possessing duly accredited status and authority;
(c) The deeds of ownership of the non‑current (fixed) assets or the contracts conferring operating rights in such assets, if the document referred to in subparagraph (b) is considered insufficient;
(d) Any other document deemed necessary for the purposes indicated.
2. Information in addition to that indicated in subparagraph 3 of 188 may be required for the purpose of obtaining personal particulars of the partners with a view to verifying their background, including information on their economic and tax status.
If the jurisdictions referred to in this Article are "offshore" jurisdictions, Article 193 shall apply.
Prior authorization from the Central Bank shall be required for access to the foreign exchange market in order to purchase foreign currency for the repatriation of direct and portfolio investments by non‑residents covered by points 1.13 and 1.14 of Communication "A" 4662, amended by Communication "A" 4692, respectively, if the beneficiary abroad is a natural or legal person residing or incorporated or domiciled in dominions, jurisdictions, territories or associate States included in the list in Decree No. 1,344/98 regulating the Gains Tax Law No. 20,628 and amendments thereto.
Certificate proving the existence of the company and that it is not subject to liquidation or any legal proceedings involving restrictions on its assets and/or activities71;
Documents from abroad containing (a) the contract or deed of incorporation of the company and amendments thereto; (b) decision of the governing body deciding to set up the seat, branch or permanent representative office in Argentina; (c) date of closure of its financial books; (d) head office in the Autonomous City of Buenos Aires; (e) capital allocated – if applicable; and (f) designation of the representative, who must be a natural person72;
Documents from abroad drawn up by an officer of the company proving (a) that in the place it was set up, incorporated or registered, there is no ban or restriction on the company engaging in all its activities or the most important among them; (b) that it has one or more agencies, branches or representative offices in operation and/or non‑current (fixed) assets or operating rights in assets belonging to third parties and/or holdings in other companies not subject to public offering and/or habitually conducts investment transactions on stock exchanges or securities markets as provided for in its corporate purpose; and (c) particulars of the persons who are partners at the time of the decision to request registration73;
Original proof of the publication required by Article 118, third paragraph, subparagraph (2) of Law No. 19,550 if it is a joint stock company, a limited liability company or a company of a type not covered by the laws of the Argentine Republic, specifying (a) with regard to the branch, agency or representative office, its head office, assigned capital where applicable and the date of closure of its financial books; (b) with regard to the representative, his/her personal data, established special domicile, period of representation if applicable, restrictions on mandate, if any, and nature of activities if more than one representative is designated; and (c) with regard to the company abroad, the information indicated in Article 10, subparagraphs (a) and (b) of Law No. 19,550 in respect of the articles of incorporation and amendments thereto, if any, in effect at the time of the request for registration74;
Document signed by the designated representative, authenticated by a notary or personally ratified prior to registration, in which the representative (a) provides his/her personal data; (b) indicates the site of the head office; and (c) the establishes a special domicile within the area of the Autonomous City of Buenos Aires.75
a. Measure 1 (withholding tax on payments of interest or remuneration) is inconsistent with Argentina's obligations under Article II:1 of the GATS inasmuch as it alters the conditions of competition between like services and service suppliers by according less favourable treatment to services and service suppliers of non‑cooperative countries.97
b. Measure 2 (presumption of unjustified increase in wealth) is inconsistent with Argentina's obligations under:
i. Article II:1 of the GATS, inasmuch as it constitutes a disincentive to contracting services that imply a transfer of funds from non‑cooperative countries, thus modifying the conditions of competition and according less favourable treatment to services and service suppliers of non‑cooperative countries than that granted to like services and service suppliers of cooperative countries;
ii. Article XVII of the GATS, inasmuch as it constitutes a disincentive to contracting services that imply a transfer of funds from non‑cooperative countries, thus altering the conditions of competition between like services and service suppliers of Argentina and those of non‑cooperative countries;
iii. Article I:1 of the GATT 1994, inasmuch as the advantage, favour, privilege or immunity accorded to payments received from cooperative countries for exports to those countries is not accorded to exports of like products to non‑cooperative countries (which entail payments from non‑cooperative countries).98
c. Measure 3 (transaction valuation based on transfer prices) is inconsistent with Argentina's obligations under:
i. Article II:1 of the GATS, inasmuch as it creates disincentives that imply less favourable treatment for services and service suppliers from non‑cooperative countries;
ii. Article XVII of the GATS, inasmuch as, with regard to the full commitments made by Argentina on national treatment, it leads to a disincentive to purchase or contract from suppliers of non‑cooperative countries, placing them in a less favourable position than like domestic suppliers;
iii. Article I:1 of the GATT 1994, inasmuch as imports/exports of products from/to cooperative countries may be valued as transactions in line with normal market practices or prices, unlike imports/exports from/to non‑cooperative countries, which are subject to the transfer pricing valuation regime;
iv. Article III:4 of the GATT 1994, inasmuch as the measure places products imported from non‑cooperative countries in a less favourable position than that of like domestic products; and
v. Alternatively, Article XI:1 of the GATT 1994, inasmuch as the measure establishes limiting conditions on the import/export of products from/to non‑cooperative countries.99
d. Measure 4 (payment received rule for the allocation of expenditure) is inconsistent with Argentina's obligations under:
i. Article II:1 of the GATS, inasmuch as it limits the possibility of deducting payments for services provided by service suppliers of non‑cooperative countries, according them less favourable treatment than that accorded to like service suppliers of cooperative countries; and
ii. Article XVII of the GATS, inasmuch as, with regard to the full commitments made by Argentina on national treatment, the current restriction on deducting payments for services provided by service suppliers of non‑cooperative countries accords them less favourable treatment than that accorded to domestic like services and service suppliers.100
e. Measure 5 (requirements relating to reinsurance and retrocession services)101 is inconsistent with Argentina's obligations under:
i. Article II:1 of the GATS, inasmuch as access to the Argentine reinsurance market for suppliers of non‑cooperative countries is subject to compliance with conditions, and this gives rise to uncertainty that alters the conditions of competition between reinsurance service suppliers of non‑cooperative countries and those of cooperative countries102;
ii. Article XVI:1 and XVI:2(a) of the GATS, inasmuch as Argentina restricts the number of foreign service suppliers and accords them treatment less favourable than that specified in its Schedule of Commitments.103
f. Measure 6 (requirements for access to the Argentine capital market) is inconsistent with Argentina's obligations under Article II:1 of the GATS, inasmuch as it accords to service suppliers of non‑cooperative countries seeking access to the Argentine capital market in order to provide their services treatment less favourable than that accorded to like service suppliers of cooperative countries.104
g. Measure 7 (requirements for the registration of branches) is inconsistent with Argentina's obligations under Article II:1 of the GATS, inasmuch as it establishes additional requirements which alter the conditions of competition and accords less favourable treatment to service suppliers of non‑cooperative countries compared to service suppliers of cooperative countries.105
h. Measure 8 (foreign exchange authorization requirement) is inconsistent with Argentina's obligations under Article II:1 of the GATS, inasmuch as it accords service suppliers of non‑cooperative countries seeking to repatriate their investments in Argentina less favourable treatment than that accorded to like service suppliers of non‑cooperative countries.106
a. The Panel recommend that Argentina bring its measures into conformity with its WTO obligations107, and that
b. The Panel make suggestions regarding implementation of the recommendations made pursuant to the authority given by the second sentence of Article 19.1 of the DSU108 and, more concretely, suggest "the elimination of the less favourable treatment of the goods and services" of non‑cooperative countries as the most appropriate way of bringing the challenged measures into conformity with Argentina's obligations under the GATS and the GATT 1994.109
The request for the establishment of a panel shall be made in writing. It shall indicate whether consultations were held, identify the specific measures at issue and provide a brief summary of the legal basis of the complaint sufficient to present the problem clearly.
For the purposes of point 19 of Annex I to SSN Resolution No. 35,615, it is stipulated that individual risks exceeding US$50,000,000 (FIFTY MILLION UNITED STATES DOLLARS) may be reinsured with the reinsurance entities mentioned in point 20 of the aforementioned regulations ("approved reinsurers"), for that portion which exceeds the aforementioned amount.
ARTICLE 1: Replace point 18 of ANNEX I to SSN Resolution No. 35,615/2011 by the following:
"Branches of foreign companies must prove that the parent company:
(a) Has been incorporated and registered in countries, dominions, jurisdictions, territories or associate States considered to be 'cooperative for tax transparency purposes', in accordance with the provisions of Decree No. 589/2013 and supplementary regulations.
If the parent company of the branch of the foreign company has not been incorporated and registered in accordance with the terms of the previous paragraph, it must prove that it is subject to the control and supervision of a body which fulfils functions similar to those of the NATIONAL INSURANCE SUPERVISORY AUTHORITY, and with which a memorandum of understanding on cooperation and exchange of information has been signed.
(b) Has been incorporated and registered in countries, dominions, jurisdictions, territories or associate States that cooperate in the global fight against money laundering and terrorist financing offences, in accordance with the criteria defined in the public documents issued by the FINANCIAL ACTION TASK FORCE (FATF).
If the parent company of the branch of the foreign company has not been incorporated and registered in accordance with the terms of the preceding paragraph, the assessment of the request for authorization shall be subject to enhanced due diligence, proportionate to the risks, and the counter‑measures indicated in Recommendation 19 of the FINANCIAL ACTION TASK FORCE (FATF) and the Interpretive Note thereto may be applied."
ARTICLE 2 ‑ Replace subparagraph (f) of point 20 of ANNEX I to SSN Resolution No. 35,615 by the following:
"(f) Prove that they have been incorporated and registered in:
I. Countries, dominions, jurisdictions, territories or associate States considered 'cooperative for tax transparency purposes', in accordance with the provisions of Decree No. 589/2013 and supplementary regulations.
If they have not been incorporated and registered in accordance with the terms of the preceding paragraph, they must prove that they are subject to the control and supervision of a body which fulfils functions similar to those of the NATIONAL INSURANCE SUPERVISORY AUTHORITY, and with which a memorandum of understanding on cooperation and exchange of information has been signed.
II. They have been incorporated and registered in countries, dominions, jurisdictions, territories or associate States that cooperate in the global fight against money laundering and terrorist financing offences in accordance with the criteria defined in the public documents issued by the FINANCIAL ACTION TASK FORCE (FATF).
If they have not been incorporated and registered in accordance with the terms of the preceding paragraph, the assessment of the request for authorization shall be subject to enhanced due diligence, proportionate to the risks, and the counter‑measures indicated in Recommendation 19 of the FINANCIAL ACTION TASK FORCE (FATF) and the Interpretive Note thereto may be applied."
CHAPTER III. INTERMEDIARIES
(Chapter replaced by Article 1 Resolution No. 36,266/2011 of the National Insurance Supervisory Authority, O.J. 23/11/2011)
Note: Hereinafter the scope of the terms reinsurance and reinsurer shall extend to the terms retrocession and retrocessionaire at all levels.
1. This Agreement applies to measures by Members affecting trade in services.
2. For the purposes of this Agreement, trade in services is defined as the supply of a service:
(a) from the territory of one Member into the territory of any other Member;
(b) in the territory of one Member to the service consumer of any other Member;
(c) by a service supplier of one Member, through commercial presence in the territory of any other Member;
(d) by a service supplier of one Member, through presence of natural persons of a Member in the territory of any other Member.
3. For the purposes of this Agreement:
(a) "measures by Members" means measures taken by:
(i) central, regional or local governments and authorities; and
(ii) non‑governmental bodies in the exercise of powers delegated by central, regional or local governments or authorities;
In fulfilling its obligations and commitments under the Agreement, each Member shall take such reasonable measures as may be available to it to ensure their observance by regional and local governments and authorities and non‑governmental bodies within its territory;
(b) "services" includes any service in any sector except services supplied in the exercise of governmental authority;
(c) "a service supplied in the exercise of governmental authority" means any service which is supplied neither on a commercial basis, nor in competition with one or more service suppliers.
"[T]wo key legal issues must be examined to determine whether a measure is one "affecting trade in services": first, whether there is "trade in services" in the sense of Article I:2; and, second, whether the measure in issue "affects" such trade in services within the meaning of Article I:1.189
"[I]t is irrelevant that 'the trade effects' of the tax differential between imported and domestic products, as reflected in the volumes of imports, are insignificant or even non‑existent; Article III [of the GATT 1994] protects expectations not of any particular trade volume but rather of the equal competitive relationship between imported and domestic products."197
"If any Member should consider that any other Member fails to carry out its obligations or specific commitments under this Agreement, it may with a view to reaching a mutually satisfactory resolution of the matter have recourse to the DSU." (emphasis added)
[SEE TABLE IN SOURCE DOCUMENT]
2
Presumption of unjustified increase in wealth
Claim under Article II:1 of the GATS
MODE | SECTOR |
Mode 1208 | All sectors of services where supply or delivery requires the entry of funds into Argentina209 |
Claim under Article XVII of the GATS
MODE | SECTOR |
Mode 1210 | Maritime and air transport insurance services and reinsurance and retrocession services211 |
3
Transaction valuation based on transfer prices
Claim under Article II:1 of the GATS | |
MODE | SECTOR |
Modes 1 and 2212 | All services213 |
Claim under Article XVII of the GATS | |
MODE | SECTOR |
Modes 1 and 2214 | All services on which Argentina undertook full national treatment commitments under modes 1 and 2215 |
4
Payment received rule for the allocation of expenditure
Claim under Article II:1 of the GATS | |
MODE | SECTOR |
Mode 1216 | All services whose payment generates revenue of Argentine source for the service supplier217 |
Claim under Article XVII of the GATS | |
MODE | SECTOR |
Mode 1218 | Services whose payment generates revenue of Argentine source for the service supplier and for which Argentina adopted a full commitment under mode 1219 |
5
Requirements relating to reinsurance services
Claim under Article II:1 of the GATS | |
MODE | SECTOR |
Modes 1 and 3220 | Reinsurance services221 |
Claim under Articles XVI:1 and XVI:2(a) of the GATS | |
MODE | SECTOR |
Mode 1222 | Reinsurance services223 |
6
Requirements for access to the Argentine capital market
Claim under Article II:1 of the GATS | |
MODE | SECTOR |
Mode 1224 | Portfolio management services225 |
7
Requirements for the registration of branches
Claim under Article II:1 of the GATS | |
MODE | SECTOR |
Mode 3226 | All sectors227 |
8
Foreign exchange authorization requirement
Claim under Article II:1 of the GATS | |
MODE | SECTOR |
Mode 3228 | All sectors (except for financial services)229 |
The scope of the GATS encompasses any measure of a Member to the extent it affects the supply of a service regardless of whether such measure directly governs the supply of a service or whether it regulates other matters but nevertheless affects trade in services.233
In our view, the use of the term "affecting" reflects the intent of the drafters to give a broad reach to the GATS. The ordinary meaning of the word "affecting" implies a measure that has "an effect on", which indicates a broad scope of application. This interpretation is further reinforced by the conclusions of previous panels that the term "affecting" in the context of Article III of the GATT is wider in scope than such terms as "regulating" or "governing".234
First of all, the measures in question undoubtedly affect "the supply of financial services" within the meaning of paragraph 1(a) of the Annex on Financial Services. In fact, both "reinsurance and retrocession" services and the trade in "transferable securities" are specifically listed in the definitions of financial services in paragraph 5(a) of the Annex on Financial Services.239
With respect to any measure covered by this Agreement, each Member shall accord immediately and unconditionally to services and service suppliers of any other Member treatment no less favourable than that it accords to like services and service suppliers of any other country.
When origin is the only factor on which a measure bases a difference of treatment between domestic service suppliers and foreign suppliers, the "like service suppliers" requirement is met, provided there will, or can, be domestic and foreign suppliers that under the measure are the same in all material respects except for origin.311
[I]n cases where a difference of treatment is not exclusively linked to the origin of service suppliers, but to other factors, a more detailed analysis would probably be required to determine whether service suppliers on either side of the dividing line are, or are not, "like".313
We agree with the Panel that "neither Article 3.3 nor 3.7 of the DSU nor any other provision of the DSU contain any explicit requirement that a Member must have a 'legal interest' as a prerequisite for requesting a panel". We do not accept that the need for a "legal interest" is implied in the DSU or in any other provision of the WTO Agreement. It is true that under Article 4.11 of the DSU, a Member wishing to join in multiple consultations must have "a substantial trade interest", and that under Article 10.2 of the DSU, a third party must have "a substantial interest" in the matter before a panel. But neither of these provisions in the DSU, nor anything else in the WTO Agreement, provides a basis for asserting that parties to the dispute have to meet any similar standard.370