1、汽车专业毕业设计 翻译 中英文全certain measures affecting the automobile industryWorld TradeOrganizationWT/DS155/1031 August 2001(01-4175)ARGENTINA MEASURES AFFECTING THE EXPORT OFBOVINE HIDES AND THE IMPORT OF FINISHED LEATHERArbitrationunder Article 21.3(c) of theUnderstanding on Rules and Procedures Governing t
2、he Settlement of DisputesAward of the ArbitratorFlorentino P. FelicianoI.Introduction1.On 16February2001, the Dispute Settlement Body (the DSB) adopted the Panel Report in Argentina Measures Affecting the Export of Bovine Hides and the Import of Finished Leather (Argentina Hides and Leather). At the
3、 DSB meeting of 12 March 2001, Argentina informed the DSB, pursuant to Article21.3 of the Understanding on Rules and Procedures Governing the Settlement of Disputes(the DSU), that it would implement the recommendations and rulings of the DSB in this dispute and that it would require a reasonable per
4、iod of time to do so, under the terms of Article21.3 of the DSU.2.In view of its inability to reach an agreement with Argentina on the period of time reasonably required for implementation of those recommendations and rulings, the European Communities requested that such period be determined by bind
5、ing arbitration pursuant to Article 21.3(c) of the DSU.3.By joint letter of 12 June 2001, Argentina and the European Communities notified the DSB that they had agreed that the duration of the reasonable period of time for implementation should be determined through binding arbitration, under the ter
6、ms of Article 21.3(c) of the DSU, and that I should act as Arbitrator. The parties also indicated in that letter that they had agreed to extend the time-period for the arbitration, which shall be completed no later than 90 days after the date of the appointment of the arbitrator. Notwithstanding thi
7、s extension of the time-period, the parties stated that the arbitration award would be deemed to be an award made under Article21.3(c) of the DSU. My acceptance of this designation as Arbitrator was conveyed to the parties by letter of 12 June 2001.4.Written submissions were received from Argentina
8、and the European Communities on 3July2001, and an oral hearing was held on 18 July 2001.II.Arguments of the PartiesA.Argentina5.Argentina requests the arbitrator to fix the reasonable period of time at forty-six months and fifteen days, so that that period of time will expire on 31 December 2004. 6.
9、Argentina submits that the text of Article 21.3(c) of the DSU makes it clear that the 15-month period provided as a guideline is merely indicative. Article 21.3(c) speaks of the possibility of fixing a period of longer than 15 months for the implementation of the recommendations and rulings of the D
10、SB. According to Argentina, the circumstances in this particular dispute warrant the granting of a period longer than 15 months for the implementation of the DSB recommendations and rulings.7.Since 1992, Argentina has been working on a programme to combat tax evasion and reform its tax system. The c
11、ornerstone of this programme is the system of percepciones and retenciones applied to the Impuesto al Valor Agregado (the IVA) and the Impuesto de Ganancias (the IG). This programme ties in, both economically and legally, with the objective of reducing the fiscal deficit. The programme has been expl
12、icitly backed by various international financial agencies, in particular, the International Monetary Fund (the IMF). The agreements concluded with the IMF set out a number of quantitative targets, notably for the levels of fiscal deficit, primary spending and public debt, that are monitored on a qua
13、rterly basis throughout the period covered by the programme. Failure of Argentina to achieve these targets would preclude disbursement of the funds otherwise available under the agreements.8.Argentina stresses that its fiscal position has seriously deteriorated over the past years, essentially as a
14、result of the fall in tax revenue brought about by the economic recession that began in the third quarter of 1998 in the wake of the 1997 Asian crisis. In this context of economic recession, Argentina sought to reduce the deficit by increasing taxes, and reducing primary spending. These efforts must
15、 continue this year and over the next few years.9.Under these circumstances, Argentina argues that legal and fiscal difficulties would result from eliminating the extra financial burden imposed on importers as a result of the advances on the IVA and IG at rates higher than those applied to domestic
16、transactions, through a downward equalization of the rates applied to imports.10.Argentina, at the same time, contends that although in theory it would be possible to comply with the findings of the Panel through an upward equalization of the rates of the said payments on account, that is, by increa
17、sing the rates for domestic transactions, the effects of such a measure on Argentinas current situation, when the country is trying to recover from recession, would make the measures politically and economically unfeasible. Similarly, the introduction of a system of refunding interests to importers,
18、 would involve setting up a very complex administrative mechanism to ensure accurate calculation of interest due. Moreover, it would open the door to complaints from the relevant domestic sectors, complicating further the fiscal situation. 11.Argentina submits that the structure of its tax system ju
19、stifies the requested time-limit. Under Argentina law, there is a set of regulations governing the conditions and time-limits for action by the national authorities in the domestic sphere. In the external sphere, there is a set of payment obligations and commitments assumed by Argentina that can onl
20、y be honoured by strict compliance with the laws in force: the National Budget Law No. 25,401 of 12 December 2000 and the Fiscal Solvency Law No. 25,152 of 15 September 1999.12.Argentina describes the process by which its annual budget is enacted as follows. In September of each year, the Executive
21、submits to the Congress of the Nation its draft budget for the following financial year, containing estimated income and expenditure authorizations. First, it is examined by the Budget and Finance Committee of the Chamber of Deputies. Once that Committee has issued its opinion, the draft budget is e
22、xamined by the Chamber, and upon approval by the Chamber of Deputies, it is passed on to the Budget and Finance Committee of the Senate before final transmission to the Senate. When it has been approved by both Chambers, it is promulgated by the Executive, which has partial veto authority. Once this
23、 process has been completed, the National Budget becomes a Law of the Nation, and can be amended only by another national law. 13.The text of the law is accompanied, inter alia, by a number of annexed tables providing a breakdown of the budgetary information (income, expenditure, financing, etc.) ac
24、cording to the organization of the national administration and its decentralized bodies. The tax revenue forecast is broken down according to the different taxes (IG, IVA, Personal Property Tax, etc.) and set out in detail in the Executives annual letter of submission to the National Congress.14.The
25、 projected amounts are then incorporated in the final estimate of income that is ultimately approved by Congress. The specification of these amounts, once they are included in the budget, forms part of the Law and make up the estimate of income for the entire financial year; in other words, they can
26、 only be amended by another law, since any change would involve a consequential change in the expenditure/income equation and the deficit level already approved.15.Argentina further explains that, at the same time, the tax system is tied to the Law on Fiscal Solvency which provides, inter alia, for
27、the progressive reduction of the national public deficit with a view to balancing the budget by 2005. This Law establishes target deficit levels for each year, and any change in the deficit levels indicated would also require a legislative amendment. Because of the relationship between the Law on Fi
28、scal Solvency and the Budget Law, estimated income and expenditure will have to be adjusted in order to reduce the deficit to attain the target prescribed. The procedure will have to be applied by law in each of the succeeding financial years until the process is completed in 2005.16.The Law on Fisc
29、al Solvency also lays down the obligation to include in the letter of submission of the annual budget a multi-year budget covering at least three years. In other words, the Executive must submit to the Congress, together with the budget for the coming year, a multi-year projection containing estimat
30、es of income on the basis of existing tax rates which means calculating the advances in the form of retenciones and percepciones needed in order to meet the objectives of the Law on Fiscal Solvency for 31 December 2004. 17.As a result, in the view of Argentina, it is not possible to amend the budget
31、 currently in force without altering its deficit target as well as the deficit target of the Law on Fiscal Solvency. Nor is it possible, in the current situation, to alter the system of customs levies. That system is not only linked to imports, but is also part of a comprehensive scheme to combat ta
32、x evasion which includes levies on purchases in the domestic market and the retenciones regime. The system makes it possible to maintain better monitoring of the obligations of taxpayers while providing them with adequate incentives to declare and regularize their operations. 18.Argentina believes that a single and immediate modification of this regime involving a reduction of the rates of levies on imports would clash with the objective of the Law on Fiscal Solvency, since it would involve a significant loss in tax revenue. Moreover, the agree
