27 April 2016
On April 14, 2016, the World Trade Organization’s Appellate Body overturned several aspects of a prior ruling by a WTO dispute settlement panel that had reviewed Panamanian claims against tax measures imposed by Argentina. The measures target services and service suppliers from countries that do not exchange information with Argentina for purposes of fiscal transparency.
While Panama did not challenge the underlying Argentine decree directly, it challenged eight of the retaliatory measures imposed by Argentina against countries designated as “non-cooperating” under the decree. The Appellate Body’s report, in addition to overturning some of the decisions of the dispute settlement panel, addresses key concepts under the General Agreement on Trade in Services and provides clarifications that will advance the body of WTO law on trade in services.