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Notes on Tax Disputes from Misapplication of Indonesia-Japan Tax Treaty: A Study Based on Indonesian Tax Court Decisions 印度尼西亚-日本税务条约》误用引起的税务纠纷说明:基于印度尼西亚税务法院判决的研究
IF 0.3 Q4 Social Sciences Pub Date : 2024-01-01 DOI: 10.54648/gtcj2024011
M.R.U.D. Tambunan
This study aims to examine the legal, economic, and political aspects of Indonesia-Japan tax treaty. Next, it examines tax disputes brought to the Indonesian tax court due to the misapplication of Indonesia-Japan tax treaty. It digests the Indonesia tax court decisions stipulated during Fiscal Year 2015–2021. The Indonesia-Japan tax treaty has existed for more than 30 years to allocate the taxing rights of the two countries. Japanese business has invested in Indonesia through the establishment of subsidiaries. The disputes occurred due to, in the first case, the interpretation regarding whether a business entity or an individual is a party that can be categorized as a tax subject in accordance with the Indonesian and Japanese tax treaties. Second, is the issue of the definition, classification, and characteristics of income that result in differences in tax treatment. Third, we find that the tax rates used for income withheld or collected because of income classification. Finally, the disputes also occurred due to the fulfilment of administrative issues which has been taken most proportion of the disputes. Therefore, both parties in a dispute need to have a similar understanding on how the agreed tax treaty applies to the dynamic of business.tax treaty, tax dispute, international tax law
本研究旨在探讨印尼-日本税收协定的法律、经济和政治方面。其次,研究由于印尼-日本税收协定的错误适用而向印尼税务法院提起的税收争议。本报告摘录了印度尼西亚税务法院在 2015-2021 财年期间做出的裁决。印尼与日本的税收协定已存在 30 多年,旨在分配两国的征税权。日本企业通过设立子公司在印尼进行投资。发生争议的原因在于:第一,根据印尼和日本的税收协定,企业实体或个人是否属于可被归类为纳税主体的一方。其次,收入的定义、分类和特征问题导致了税务处理上的差异。第三,我们发现,由于收入分类的原因,预扣或征收收入所使用的税率也存在差异。最后,争议还发生在行政问题的履行上,这在争议中所占比例最大。因此,争议双方需要对商定的税收协定如何适用于业务动态有相似的理解。
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引用次数: 0
Vanquishing the Paper Trail: An Update on Progress in Moving to a Global Paperless Trading System 消灭纸张痕迹:迈向全球无纸化贸易体系的最新进展
IF 0.3 Q4 Social Sciences Pub Date : 2024-01-01 DOI: 10.54648/gtcj2024010
Tracey Epps
One of the most enduring features of global trade across the centuries has been the necessity for paper documentation to accompany goods. The costs and inefficiencies associated with this universal requirement have been recognised by governments and the private sector for well over twenty years now, as have the potential benefits of moving to a paperless trading system where information flows are digitalized. There have been significant developments towards the realization of a seamless paperless trading environment since the Covid-19 pandemic, driven both by private sector innovations and government reforms such as the passage of the Electronic Trade Documents Act 2023 in the United Kingdom. The latter is a particularly significant development that will allow for the legal recognition of key trade documents, a critical step in allowing the development of paperless trading systems. Despite this and other steps forward, implementation of the measures necessary to achieve a truly seamless global paperless trading system is far from comprehensive, and some regions of the world lag behind, as does implementation of certain cross-border paperless trading measures (e.g. electronic exchange of anitary and phytosanitary certificates).paperless trade, cross border paperless trade, digital trade; paper documentation, FTAs and paperless trade, trade facilitation, digital trade
几个世纪以来,全球贸易最持久的特点之一就是货物必须随附纸质单据。二十多年来,各国政府和私营部门已经认识到这一普遍要求所带来的成本和效率低下问题,同时也认识到向信息流数字化的无纸贸易系统转变的潜在好处。自 Covid-19 大流行以来,在私营部门创新和政府改革(如英国通过的《2023 年电子贸易单据法》)的推动下,在实现无纸化贸易环境方面取得了重大进展。后者是一项特别重要的发展,将使关键贸易单据得到法律认可,这是发展无纸贸易系统的关键一步。尽管取得了上述进展和其他进展,但实现真正无缝的全球无纸贸易系统所需的措施的实施还远远不够全面,世界上一些地区还滞后于某些跨境无纸贸易措施的实施(如电子交换动植物卫生检疫证书)。
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引用次数: 0
Expanding Trade Remedy Scope: Cross-Border and Public Policy Subsidies 扩大贸易救济范围:跨境和公共政策补贴
Q4 Social Sciences Pub Date : 2023-10-01 DOI: 10.54648/gtcj2023046
Dan Cannistra
On May 9, 2023, the U.S. Department of Commerce proposed amendments to the U.S. antidumping and countervailing/anti-subsidy (ADCV) duty regulations fundamentally altering the scope of economic activities captured within the scope of trade remedy laws. The proposed regulations expand ADCD actions to include a wide range of labor, human rights, environmental and intellectual property standards. Commerce’s new regulations make the failure to rigorously enforce national public policy standards directly and indirectly remediable by trade remedy laws by treating unenforced regulations as a subsidy. Antidumping regulations are similarly modified to increase production costs where public policy regulations are deemed weak or ineffective, thereby increasing antidumping duties. Commerce also proposes to eliminate the longtime transnational subsidies regulation which held that a subsidy did not exist if the program or project was funded by a government outside of the country where the recipient was located. A transnational subsidy is financial assistance or support provided by one country to producer in another country. This modification would make transnational subsidies an actionable subsidy under the trade remedy laws. antidumping, countervailing, anti-subsidy, trade remedy laws, labor, human rights, environmental, intellectual property standards, public policy standards, subsidy, production costs, transnational subsidies, financial assistance
2023年5月9日,美国商务部对美国反倾销和反补贴/反补贴(ADCV)税法规提出修正案,从根本上改变了贸易救济法范围内捕获的经济活动范围。拟议的条例扩大了ADCD行动,包括广泛的劳工、人权、环境和知识产权标准。商务部的新法规将未执行的法规视为补贴,使未能严格执行国家公共政策标准的情况可以直接或间接地通过贸易救济法得到补救。反倾销法规也同样被修改,以增加公共政策法规被认为薄弱或无效的生产成本,从而增加反倾销税。商务部还建议取消长期以来的跨国补贴规定,该规定认为,如果计划或项目是由接受国以外的政府资助的,则不存在补贴。跨国补贴是一个国家向另一个国家的生产者提供的财政援助或支持。这一修改将使跨国补贴成为贸易救济法下可提起诉讼的补贴。反倾销、反补贴、反补贴、贸易救济法律、劳工、人权、环境、知识产权标准、公共政策标准、补贴、生产成本、跨国补贴、金融援助
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引用次数: 0
Analysis Of The Foreign Subsidies Regulation From An International Trade Law Perspective On Trade In Goods 国际贸易法视角下的国外补贴规制分析——以货物贸易为视角
Q4 Social Sciences Pub Date : 2023-10-01 DOI: 10.54648/gtcj2023048
Vassilis Akritidis, Jean Baptiste Blancardi
The Foreign Subsidies Regulation contains provisions enabling the Commission to launch ex officio investigations into foreign subsidies distorting the internal market. The legislation is designed to be complementary to existing anti-subsiding rules and follows a logic that is reminiscent of the European competition law. This article discusses its applicability in the field of trade in goods and the risks of inconsistency with the World Trade Organization (WTO) Agreement on Subsidies and Countervailing Measures (SCM). Foreign Subsidies Regulation, Foreign subsidies, Industrial subsidies, Basic anti-subsidy regulation, World Trade Organization, Agreement on Subsidies and Countervailing Measures, Multilateralism, Trade
《外国补贴条例》载有一些规定,使委员会能够对扭曲国内市场的外国补贴展开当然调查。这项立法旨在补充现有的反补贴规定,其逻辑让人想起欧洲竞争法。本文讨论了其在货物贸易领域的适用性以及与世界贸易组织《补贴与反补贴措施协定》不一致的风险。外国补贴条例、外国补贴、产业补贴、基本反补贴条例、世界贸易组织、补贴与反补贴措施协定、多边主义、贸易
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引用次数: 0
Tackling Cross-Border Subsidies in the EU: The Need to Build on a Promising Start Part 1 解决欧盟的跨境补贴问题:需要建立一个有希望的开端。第1部分
Q4 Social Sciences Pub Date : 2023-10-01 DOI: 10.54648/gtcj2023047
Jochen Beck, Pieter Van Vaerenbergh, Laurent Ruessmann, Kristiyana Drandarova
In two recent rulings regarding anti-subsidy duties on imports from Egypt, the EU General Court confirmed that cross-border subsidies can be countervailed under the Basic Anti-Subsidy (AS) Regulation. According to the General Court, Belt and Road subsidies granted by China to subsidiaries of Chinese state-owned companies outside China can legitimately be attributed to the government of third countries through application of international law principles. This article looks at the General Court’s findings and the implications for further AS investigations against crossborder subsidies. Cross-border subsidies, General Court, Basic AS Regulation, Belt and Road Initiative, countervailing duties, SCM Agreement, ILC Articles
在最近关于从埃及进口的反补贴税的两项裁决中,欧盟普通法院确认,根据《基本反补贴条例》,跨境补贴可以被反补贴。根据普通法院的说法,中国向中国国有企业在中国境外的子公司提供的“一带一路”补贴可以通过适用国际法原则合法地归因于第三国政府。本文着眼于普通法院的调查结果以及对进一步针对跨境补贴的AS调查的影响。跨境补贴、普通法院、AS基本规则、“一带一路”倡议、反补贴税、SCM协议、ILC条款
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引用次数: 0
Digitalization in Global Trade: Opportunities and Challenges for Investment 全球贸易中的数字化:投资的机遇与挑战
Q4 Social Sciences Pub Date : 2023-10-01 DOI: 10.54648/gtcj2023043
Rahmonov Jaloliddin
This paper explores the evolving landscape of global trade and customs in the context of digitalization and the opportunities and challenges it presents for investment. The rapid advancement of technology and the digital revolution have significantly transformed the way businesses engage in international trade, leading to increased efficiency, streamlined processes, and enhanced global connectivity. However, these advancements also bring forth new complexities, such as cybersecurity risks, data privacy concerns, and regulatory compliance issues. We examine the key areas where investment in digital technologies can drive innovation, efficiency, and competitiveness in global trade and customs. It discusses the potential benefits of implementing technologies such as blockchain, artificial intelligence (AI), Internet of Things (IoT), and cloud computing in areas like supply chain management, customs compliance, trade finance, and risk management. The paper also explores case studies and real-world examples of successful digital transformation initiatives in the global trade and customs domain. The study emphasizes the importance of strategic investment in digital technologies as a means to unlock the full potential of global trade and customs. It provides insights and recommendations for policymakers, industry stakeholders, and investors on navigating the evolving landscape, seizing opportunities, and mitigating risks associated with digitalization in the realm of international trade and customs. Global trade, Customs, Digitalization, Investment, Blockchain, Artificial Intelligence, Supply chain management, Risk management, Cybersecurity
本文探讨了数字化背景下不断变化的全球贸易和海关格局,以及它为投资带来的机遇和挑战。科技进步和数字革命显著改变了企业参与国际贸易的方式,提高了效率,简化了流程,加强了全球互联互通。然而,这些进步也带来了新的复杂性,如网络安全风险、数据隐私问题和监管合规问题。我们研究了数字技术投资可以推动全球贸易和海关创新、效率和竞争力的关键领域。它讨论了在供应链管理、海关合规、贸易融资和风险管理等领域实施区块链、人工智能(AI)、物联网(IoT)和云计算等技术的潜在好处。本文还探讨了全球贸易和海关领域成功的数字化转型举措的案例研究和现实世界的例子。该研究强调了对数字技术进行战略投资的重要性,这是释放全球贸易和海关全部潜力的一种手段。它为政策制定者、行业利益相关者和投资者提供了见解和建议,帮助他们在国际贸易和海关领域把握不断变化的形势、抓住机遇并减轻与数字化相关的风险。全球贸易、海关、数字化、投资、区块链、人工智能、供应链管理、风险管理、网络安全
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引用次数: 1
Editorial: Editorial Note 社论:社论说明
IF 0.3 Q4 Social Sciences Pub Date : 2023-10-01 DOI: 10.54648/gtcj2023044
Jeffrey G. Snyder
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引用次数: 0
Robotics Process Automation (RPA) And The Import/Export Customs Declaration Process 机器人过程自动化(RPA)和进出口报关流程
Q4 Social Sciences Pub Date : 2023-10-01 DOI: 10.54648/gtcj2023042
Jincheol Lee
RPA (Robotics Process Automation) technology, which automatically handles repetitive tasks without human intervention, is attracting attention in many fields. Many companies have introduced RPA systems into their daily operations, which has had a significant positive impact on costs, process accuracy, reliability, and error minimization. RPA systems are more effective for companies with many standardized and repetitive business processes. The process of international import and export must go through customs procedures according to the customs laws of each country, and in this process, a lot of paperwork and computer input are required. Since import and export customs procedures are standardized and repetitive, positive effects such as maximization of work efficiency and improvement in import and export processing speed are expected when RPA is introduced into import and export customs clearance. In this study, interviews were conducted with trading companies and Korean customs brokers who have introduced or are planning to introduce the RPA system in order to analyse the effects that can be obtained by introducing the RPA system in import and export customs procedures. As a result of the study, implications such as the disadvantages of optical character recognition (OCR) and high initial development and operating costs were suggested. import, export, customs clearance, robotics process automation, customs attorney, optical character recognition, RPA
机器人过程自动化(RPA)技术是一种在没有人工干预的情况下自动处理重复性任务的技术,在许多领域受到关注。许多公司已经将RPA系统引入到他们的日常操作中,这对成本、流程准确性、可靠性和最小化错误产生了显著的积极影响。RPA系统对于具有许多标准化和重复业务流程的公司更有效。国际进出口的过程必须根据每个国家的海关法办理海关手续,在这个过程中,需要大量的文书工作和计算机输入。由于进出口海关手续是标准化和重复性的,因此在进出口通关中引入RPA可以最大限度地提高工作效率,提高进出口处理速度等积极效果。在这项研究中,为了分析在进出口海关程序中引入RPA系统所能获得的效果,我们采访了已经引进或正计划引进RPA系统的贸易公司和韩国报关行。研究结果表明,光学字符识别(OCR)的缺点以及初始开发和运营成本高。进出口,清关,机器人流程自动化,报关代理,光学字符识别,RPA
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引用次数: 0
The Foreign Subsidies Regulation of the European Union: A New Instrument Levelling the Playing Field? 欧盟外国补贴法规:一个公平竞争的新工具?
Q4 Social Sciences Pub Date : 2023-10-01 DOI: 10.54648/gtcj2023045
Karl Stas, Benjamin Geisel
The European Union (‘EU’) has adopted a Foreign Subsidies Regulation (‘FSR’) to address potential distortions of competition in EU markets caused by subsidies granted to companies by non-EU governments. The FSR aims to level the playing field for all companies active within the EU and to close a regulatory gap left by existing frameworks (such as the EU’s State aid and merger control regimes or trade defense instruments). This article provides a comprehensive overview of the FSR and the accompanying Implementing Regulation and reflects upon their practical implications for companies engaging in economic activity in EU markets. Has a simple idea (i.e., extending the controls already applicable to government support by EU Member States also to support by non-EU governments) morphed into a bureaucratic monster burdening companies with needless red tape? Will the FSR achieve its goals effectively or will it put too much strain on the European Commission’s resources? Is the FSR about fair competition or is it simply protectionist? European Union, subsidies, mergers, acquisitions, M&A, public procurement, government contracts, State aid, competition, trade defense, Foreign Subsidies Regulation, FSR
欧盟(“欧盟”)通过了《外国补贴条例》(“FSR”),以解决非欧盟政府向公司提供补贴对欧盟市场竞争造成的潜在扭曲。FSR旨在为在欧盟内活跃的所有公司提供公平的竞争环境,并缩小现有框架(如欧盟的国家援助和合并控制制度或贸易保护工具)留下的监管差距。本文全面概述了FSR和随附的实施条例,并反映了它们对在欧盟市场从事经济活动的公司的实际影响。一个简单的想法(例如,将已经适用于欧盟成员国政府支持的控制扩展到非欧盟政府的支持)是否演变成了一个官僚主义的怪物,给公司带来了不必要的繁文缛节?FSR会有效地实现其目标,还是会给欧盟委员会的资源带来过多压力?FSR是关于公平竞争还是仅仅是保护主义?欧盟,补贴,兼并,收购,并购,公共采购,政府合同,国家援助,竞争,贸易防御,外国补贴法规,FSR
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引用次数: 0
The Role of China in Enhancing Global Supply Chains: Legal Obstacles and Solutions 中国在加强全球供应链中的作用:法律障碍和解决方案
Q4 Social Sciences Pub Date : 2023-09-01 DOI: 10.54648/gtcj2023040
Because of its low-cost, highly educated and abundant labour, improved infrastructure, and foreign direct investment, China, a developing nation, has played a crucial role in enhancing global supply chains (SCs) in recent decades. However, the implementation of domestic and global SCs needs to be improved with new measures in China’s legal system. The Chinese government should remove current barriers to improve the trading climate. Even though various analysts have identified the same issue, there needs to be a more focused examination of laws on environmental protection, customs, and tax. As a result, I aim to explain the legal options that may be used to overcome some of the current legal barriers, and the role that the United Nations Commission on International Trade Law (UNCITRAL) plays in creating favourable legal rulings for China’s global SCs. Nonetheless, more is needed, and further legislation is needed to address several legal deficiencies. The goal of this article is to support increasing the Chinese government’s concern over the issues so that it can improve domestic and global SCs. Global Supply Chains, Green Supply Chain, Sustainability, UNCITRAL, China
由于其低成本、高学历和丰富的劳动力、改善的基础设施和外国直接投资,中国这个发展中国家近几十年来在加强全球供应链(SCs)方面发挥了至关重要的作用。然而,中国的法律体系需要采取新的措施来完善国内和全球SCs的实施。中国政府应该消除目前的贸易壁垒,改善贸易环境。尽管各种分析人士都指出了同样的问题,但需要对环境保护、海关和税收方面的法律进行更集中的审查。因此,我的目的是解释可能用于克服当前一些法律障碍的法律选择,以及联合国国际贸易法委员会(UNCITRAL)在为中国的全球超级市场创造有利的法律裁决方面发挥的作用。尽管如此,还需要做更多的工作,需要进一步的立法来解决几个法律缺陷。本文的目的是支持中国政府增加对这些问题的关注,以便改善国内和全球的SCs。全球供应链,绿色供应链,可持续发展,联合国国际贸易法委员会,中国
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引用次数: 0
期刊
Global Trade and Customs Journal
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