Export processing zones and the law of the World Trade Organization

• Autor(a) principal: de Almeida, Maria Candida Carvalho Monteiro
• Data de Publicação: 2014
• Tipo de documento: Artigo
• Idioma: por; eng
• Título da fonte: Direito.Unb (Online)
• Texto Completo: https://periodicos.unb.br/index.php/revistadedireitounb/article/view/24589
• topic: Zonas de processamento de exportação; Organização Mundial do Comércio; Subsídios à exportação proibidos; Tributos de importação; Isenção; Cláusula da Nação Mais Favorecida; Export processing zones; World Trade Organization; Prohibited subsidies; Import duties; Exemption; Most Favoured Nation Clause

Export processing zones (EPZs) are everywhere, in both developing and developed countries. Yet, it is not clear whether these zones are coherent with the Law of the World Trade Organization (WTO). One might assume such consistency, arguing that, if there were a violation regarding such an important trade issue, there would have already been a dispute brought to the WTO. However, it is argued that exactly because EPZs exist all around the world, generally, it is not in most countries’ best interest to raise this case. The conclusion is, in sum, that the exemption from import duties on goods, which is the most common feature that EPZs worldwide have in common, constitutes a prohibited export subsidy within the meaning of art. 3.1(a) of the Subsidies and Countervailing Measures Agreement. Nonetheless, it is also analysed whether there are some exceptional situations in which a prohibited export subsidy would be permitted and the implications of these findings. --------------------------- Translated from English by the author.