Article 17. Subsidy of a foreign state
On protective measures, antidumping and compensation duties (554-II-son) · Date: 11.12.2003 · In force
Subsidy of a foreign state (hereinafter — the subsidy) is financial assistance to the government or any other authority of a foreign state or a union of foreign states (hereinafter - a foreign state), which gives the recipient grants additional benefits and carried directly to a foreign State or on its behalf.
The following types of financial assistance are recognized as subsidies, giving the beneficiary of the subsidy additional benefits:
direct translation of a foreign state financial resources (including in the form of grants, loans, purchase of shares) or the obligations of the transfer of funds (including in the form of guarantees for loans);
rejection of a foreign state from levying or the withholding of payments, which must have been like to enroll in the income of the state (including through the provision of tax credits), for the exception of cases of exemption of exported goods from taxes and duties levied with similar goods destined for domestic consumption, or reducing such taxes and duties in an amount not exceeding actually accrued amounts;
the provision by a foreign state of goods and services (with the exception of goods and services intended to maintain and develop a common infrastructure) or the procurement of goods;
making by a foreign state payments to financing funds or transferring its powers to a private organization for the implementation of the types of financial assistance specified in paragraphs two, three and four of this part, usually made by a foreign state, on conditions that do not actually differ from the usual practice of a foreign state.
Subsidies can be recognized other forms of financial assistance, enabling the recipient grants additional benefits.
The amount of subsidy, established in the course of the investigation by the authorized body shall be subject to compensation by the application of compensation duties, if it is more than one percent of the value of subsidized goods.
Subsidies are subject to compensation duties, if they are specific. Specific considered a subsidy, access to which is limited and which is given a particular company or sector of the economy, a group of companies or sectors of the economy, as well as specific businesses located in designated geographical region, or subsidy, aimed at stimulating the export of goods or to the substitution of imports of goods.
