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TRATADOS MULTILATERAIS

TRATADOS MULTILATERAIS. THE EFFECTS OF GLOBAL AND REGIONAL TRADE AGREEMENTS ON DOMESTIC TAX LAW AND BILATERAL TAX CONVENTIONS: GENERAL ASPECTS Howard M. Liebman. A – TYPE OF AGREEMENTS 1 – MULTILATERAL TRADE AGREEMENT: WORLD TRADE ORGANIZATION (WTO).

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TRATADOS MULTILATERAIS

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  1. TRATADOS MULTILATERAIS THE EFFECTS OF GLOBAL AND REGIONAL TRADE AGREEMENTS ON DOMESTIC TAX LAW AND BILATERAL TAX CONVENTIONS: GENERAL ASPECTS Howard M. Liebman

  2. A – TYPE OF AGREEMENTS 1 – MULTILATERAL TRADE AGREEMENT: WORLD TRADE ORGANIZATION (WTO) . Successor to GATT 1947. . WTO Laws: 16 sections of the Marrackesh Agreement and its annexes (GATT, GATS, TRIPS, SPS, SCM, DSU). . 149 members; represents more than 95% of worldwide trade. . Implements trade agreements, settles trade disputes, forum for trade negotiations, all with a potential/actual tax impact.

  3. 2 – REGIONAL TRADE AGREEMENTS • NAFTA (U.S., Canada, Mexico). . Entered into force on January 1, 1994. . Free movement of goods and services, fair competition, investment protection, IPR protection. • MERCOSUR (Primarily Argentina, Brazil, Paraguay, Uruguay, Venezuela). . Entered into force on January 1, 995. . Free movement of goods and services, common external tariff and common trade policy.

  4. 2 – REGIONAL TRADE AGREEMENTS • APEC (21 members – Asia Pacific). . Economic and trade forum. . Promotes the reduction of barriers to trade and investment. • ASEAN (10 members). • CARICOM (15 members and 5 associate members). . Entered into force on August 1, 1973. . Common market.

  5. 2 – REGIONAL TRADE AGREEMENTS • EU (25 members) – EC (45 members). . Treaty of rome (1957), Single European Act (1986), Treaty of Maastricht (1992). . Internal Policies: single market, common system of indirect taxation of goods and services and excises. . External Policies: Common external custom tariff, common trade policy, etc.

  6. 2 – REGIONAL TRADE AGREEMENTS • EFTA (Current members: Iceland, Liechenstein, Norway, Switzerland). . Entered into force on May 3, 1960. . Free movement of persons, services and investment, fair conditions of competition, IPR protection. • Other Free Trade Agreements (FTAs): Regional (see list from the WTO) and Bilateral (see list from the USTR).

  7. 3 – BILATERAL INVESTMENT TREATIES (BITs) . Over 2,400 BITs. . Fosters the liberalization, protection and/or promotion of foreign direct investment. . How? • Non-discrimination principles: “National Treatment” and “Most Favored Nation Treatment”.  Offers protection against expropriation, free transfer of capital and transparency in legal and administrative procedures.

  8. B – SCOPE OF AGREEMENTS: TAX COVERED BY THE WTO, NAFTA, BITs 1 - The WTO Agreements. • GATT 1994. . Article I:1 – MFN treatment applies to custom duties and charges of any kind. May include internal taxes. . Article III:2 – National Treatment applies to internal taxes and any other charges. • The SCM (Subsidies and Countermeasures) Agreement Article 1. . Covers both actual or potential direct transfers of funding as well as any governmental revenues due but foregone or not collected. . Granted/ordered by any public body.

  9. B – SCOPE OF AGREEMENTS: TAX COVERED BY THE WTO, NAFTA, BITS. 2. NAFTA Section 2103. . Deals with taxation in a very etensive fashion. • BITs. . Reminder: BITs are concluded to favor foreign direct investments. . Deal with taxation to a very limited extent (if any). . Possible Rationale: Taxation should be dealt with in a bilateral taxation treaty. . Case study: US-Uruguay BIT of November 11, 2005.  Taking from the left hand what one gives with the right.

  10. TAVOLARO E TAVOLARO ADVOGADOS Agostinho Toffoli Tavolaro Av. Jesuino Marcondes Machado, nº 1077 Campinas – SP - CEP 13092-321 Telefone: (19) 3252.2222 Fax : (19) 3255.6652 E-mail: agostinhotavolaro@tavolaroadvogados.com Site: www.tavolaroadvogados.com

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