2D. Non-actionable subsidy

Terms defined in this Act

• prescribed

  prescribed

  Defined · s 2

  “prescribed” means prescribed by the regulations;

  Open s 2
• subsidy

  subsidy

  Defined · s 2A

  “subsidy”, in relation to merchandise that is imported into Malaysia, means— (a) a financial contribution by a government or a public body, or by a private body entrusted or directed by the government or public body to carry out a governmental function, that is made in connection with the production, manufacture or export of the merchandise and that involves one or more of the following: (i) a direct transfer of funds from the government or public body or private body to the enterprise by whom the merchandise is produced, manufactured or exported (after this referred to as “the enterprise”); (ii) a potential direct transfer of funds from the government or public body or private body to the enterprise contingent on the occurrence of particular circumstances; (iii) the acceptance of liabilities, actual or potential, of the enterprise by the government or public body or private body; (iv) the forgoing, or non-collection, of revenue (other than an allowable exemption or remission) due to the government or public body or private body from the enterprise; (v) the provision by the government or public body or private body of goods or services to the enterprise other than general infrastructure; (vi) the purchase by the government or public body or private body of goods provided by the enterprise; (vii) the making of payments to a funding mechanism by the government or public body; or (b) any form of income or price support as specified in Article XVI of the General Agreement on Tariffs and Trade 1994 that is received from a government or public body, if that financial contribution or income or price support confers a benefit in relation to the merchandise. Prohibited subsidy

  Open s 2A