Article 96: Determination of a Subsidy
For the purpose of this Part, a subsidy shall be deemed to exist if there is a financial contribution by a Government or any public body within the territory of a Member State (hereinafter referred to as “government”) where:
(a) a government practice involves direct transfer of funds (e.g., grants, loans and equity infusion) or potential direct transfer of funds or liabilities (e.g., loan guarantees);
(b) government revenue that is otherwise due is foregone or not collected (e.g., fiscal incentives, such as tax credits);
(c) a government purchases goods or provides goods or services other than general infrastructure;
(d) a government makes payments to a funding mechanism, or directs or entrusts to a private body the conduct of activities mentioned in sub- paragraphs (a), (b) and (c) which are normally conducted by governments;
(e) there is any form of income or price support, and a benefit is thereby conferred.