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Argentina — Financial Services, Panama v Argentina, Appellate Body Report, WT/DS453/AB/R, ITL 161 (WTO 2016), 14th April 2016, Appellate Body

Reporter(s)

Christian Riffel

Argentina — Financial Services, Panama v Argentina, Appellate Body Report, WT/DS453/AB/R, ITL 161 (WTO 2016), 14th April 2016, Appellate Body

Whether different treatment of countries based on their cooperation for tax transparency purposes was discriminatory within the meaning of the most-favoured nation obligation (Article II) and the national treatment obligation (Article XVII) in the General Agreement on Trade in Services (‘GATS’).

Whether certain regulatory aspects of measure(s) at issue concerning service suppliers could negate less favourable treatment within the meaning of Articles II:1 and XVII:1 of the GATS.

Whether measures taken for tax transparency purposes were designed and necessary to secure compliance with domestic laws or regulations within the meaning of Article XIV(c) of the GATS.

Whether deviations from market access commitments in terms of Article XVI of the GATS could be justified under the prudential carve-out in Paragraph 2(a) of the Annex on Financial Services of the GATS.

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