补贴必须具有专向性。只有专向性补贴才是SCM协定所禁止和限制的对象,但对补贴专向性的确定应依据肯定性证据加以明确证明。
为确定由政府或任何公共机构提供的财政资助是否属专向性补贴,应适用下列原则:
(a) Where the granting authority, or the legislation pursuant to which the granting authority operates, explicitly limits access to a subsidy to certain enterprises, such subsidy shall be specific.
(b) Where the granting authority, or the legislation pursuant to which the granting authority operates, establishes objective criteria or conditions governing the eligibility for, and the amount of, a subsidy, specificity shall not exist, provided that the eligibility is automatic and that such criteria and conditions are strictly adhered to. The criteria or conditions must be clearly spelled out in law, regulation, or other official document, so as to be capable of verification.