Amoco Corporation (Formerly Standard Oil Company (Indiana) and Affiliated Corporations - Page 72

                                       - 72 -                                         
               Petitioner argues that we can rely on the ETD determination.           
          Respondent counters with several arguments.  First, respondent              
          argues that, prior to 1992, it was settled law that Article                 
          IV(f)(6) provided EGPC with a foreign tax credit.  In support of            
          this argument, respondent points to the fact that, in 1991, the             
          GPC, a subsidiary of EGPC, prevailed before the Arbitral Tribunal           
          in a dispute with the Finance Ministry and the ETD over whether a           
          provision similar to Article IV(f)(6) entitled the GPC to a                 
          credit for taxes paid on behalf of another party.  However, the             
          decision of the tribunal focused on whether GPC in fact paid                
          taxes on behalf of the foreign partner and did not deal with the            
          question of whether GPC was entitled to a deduction or a credit             
          for such taxes.  Leaving aside whether the Arbitral Tribunal's              
          decision constitutes settled Egyptian law, it is obvious that               
          such decision does not operate to preclude the ETD from                     
          challenging EGPC's credit practice.                                         
               As a second point, based on her assertion that settled                 
          Egyptian law provided for a credit under Article IV(f)(6),                  
          respondent argues that "Article IV(f)(6) is a statutory provision           
          which cannot be amended except by the enactment of another law by           
          the People's Assembly and the President", and that neither the              
          ETD determination nor the December 1992 agreement between Amoco             
          Egypt and EGPC is sufficient to amend the statutory text of                 
          Article IV(f)(6).  We think it obvious from our earlier analysis            
          that this argument is without merit.  The ETD determination and             




Page:  Previous  62  63  64  65  66  67  68  69  70  71  72  73  74  75  76  77  78  79  80  81  Next

Last modified: May 25, 2011