Brazil
- Export Financing Programme for Aircraft
AB - 1999-1
Report of the Appellate Body
INDEX
I. Introduction
II. Arguments
of the Participants and the Third Participants
A.
Claims of Error by Brazil – Appellant
1. Consultations
2. Are PROEX Interest Rate
Equalization Payments Used "To Secure a Material Advantage in
the Field of Export Credit Terms"?
3. Has
Brazil Increased the Level of its Export Subsidies?
4. Recommendation of the Panel
B. Arguments
by Canada – Appellee
1.
Consultations
2. Are PROEX Interest Rate
Equalization Payments Used "To Secure a Material Advantage in
the Field of Export Credit Terms"?
3. Has Brazil Increased the Level of
its Export Subsidies?
4. Recommendation of the Panel
C. Claims
of Error by Canada – Appellant
1. Burden
of Proof Under Article27.4 of the SCM
Agreement
2. Has
Brazil Increased the Level of its Export Subsidies?
3. Conditional Appeal:
"Maintaining" Subsidies Under Article3.2 of the SCM
Agreement
D.
Arguments by Brazil – Appellee
1. Burden of Proof Under Article27.4
of the SCM Agreement
2. Has Brazil
Increased the Level of its Export Subsidies?
3. Conditional Appeal:
"Maintaining" Subsidies Under Article 3.2 of the SCM
Agreement
E. Arguments
by Third Participants
1. European Communities
2. United States
III. Preliminary
Procedural Matter and Ruling
A. Procedures
Governing Business Confidential Information
1. Arguments of Participants and Third
Participants
2. Ruling
and Reasons
IV. Issues Raised In
This Appeal
V. Consultations
VI.
Burden of Proof Under Article 27.4 of the SCM
Agreement.
VII.
Has Brazil Increased the Level of its Export Subsidies?
A. Actual
Expenditures or Budgeted Amounts
B.
When are
PROEX Subsidies "Granted"?
C. Constant
or Nominal Dollars
VIII. Are PROEX
Interest Rate Equalization Payments Used "To Secure a Material Advantage in the Field of Export Credit Terms"?
IX. Recommendation
of the Panel
X. Conditional
Appeal: "Maintaining"
Subsidies Under Article3.2 of the SCM Agreement
XI.
Findings and Conclusions
|
