WORLD TRADE  
ORGANIZATION  WT/DS317/1/Add.1 
G/L/698/Add.1 
G/SCM/D63/1/Add.1 
1 July 2005 
 
 (05-2830) 
 Original:   English 
 
 
 
UNITED STATES – MEASURES AFFECTING TRADE 
IN LARGE CIVIL AIRCRAFT 
 
Request for Consultations by the European Communities  
 
Addendum  
  
 The following communication, dated 27 June 2005, from the delegation of the European 
Communities to the delegation of the United States and to the Chairman of the Dispute Settlement 
Body, is circulated in accordance with Article 4.4 of the DSU. 
 
_______________ 
 
 
 The European Communities refers to the Unite d States' statement at the meeting of the 
Dispute Settlement Body ("DSB") on 13 June concer ning the European Communities' request for the 
establishment of a Panel in the above case, wher e you asserted that 13 of the 28 subsidy programs 
referenced in the panel request were not liste d in the consultation request of 6 October 2004 
(circulated as document WT/DS/317/1 on 12 Octobe r 2004) and cannot be the subject of panel 
proceedings.  
  The European Communities cannot  agree with this contention but is prepared to pursue 
consultations on the issues raised in these proceedi ngs in order to clarify and, if possible, resolve 
them, it being understood that this  is without prejudice to the European Communities' legal position 
and rights. 
  Accordingly, the European Communities hereby requests consultations with the United States 
pursuant to Articles 4.1, 7.1 and 30 of the Agreement on Subsidies and Countervailing Measures  
("SCM Agreement "), Article XXIII:1 of the General Agreement on Tariffs and Trade 1994 
("GATT 1994") and Article 4 of the Understa nding on Rules and Procedures Governing the 
Settlement of Disputes ("DSU").  These consultati ons will be a continuation of those held on 
5 November 2004 pursuant to the request  for consultations of 6 October 2004. 
 The measures that are the subject of this request are prohibited and actionable subsidies 
provided to US producers of large civil aircraft
1 ("US LCA industry"), and in particular the Boeing 
Company and the McDonnell Douglas Corporation, prio r to its merger with Boeing, including related 
                                                      
1 In accordance with the 1992 Agreement between the European Communities and the Government of 
the United States of America concerning the application of the GATT Agreement on Trade in Civil Aircraft on 
trade in large civil aircraft , large civil aircraft ("LCA") includes all airc raft as defined in Article 1 of the GATT 
Agreement on Trade in Civil Aircraft, except engines as defined in Article 1.1(b) thereof, that are designed for passenger or cargo transportation and have 100 or more passenger seats or its equivalent in cargo configuration.  
Boeing produces or markets the following families of LCA: 717, 737, 747, 757, 767, 777, and 787. WT/DS317/1/Add.1 
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 legislation, regulations, statutory instruments a nd amendments thereto.  The measures currently 
include the following:  1. STATE AND LOCAL SUBSIDIES 
 
US States and local authorities, where production a nd headquarter facilities of the US LCA industry 
are located, transfer in various ways economic r esources to the US LCA industry.  Such States and 
local authorities include, but are not limited to, those in the States of Washington, Kansas and Illinois.  
 
These economic resources transferred to the US LC A industry include numerous financial incentives 
and other advantages effectuated, for example, thr ough tax breaks, bond financing, fee waivers, lease 
arrangements, corporate headquarters relocation assist ance, research funding, infrastructure measures 
and other benefits. 
 
2. NASA SUBSIDIES 
 
The National Aeronautics and Space Administration ("NASA") transfers economic resources to the 
US LCA industry, inter alia , by: 
 
(i) allowing the US LCA industry to participate in research programmes, making payments to the 
US LCA industry under those programmes, or enabling the US LCA industry to exploit the results thereof by means including but not limite d to the foregoing or waiving of valuable 
patent rights, the granting of limited exclusiv e rights data ("LERD"), or otherwise exclusive 
or early access to data, trade secrets and other knowledge resulting from government funded 
research.  The following are examples of such NASA programmes: 
 
• High Speed Research Program;  
• Advanced Subsonic Technology Program;  
• Aviation Safety Program/Aviation Safety & Security Program/Aviation Security & 
Safety Program;  
• Quiet Aircraft Technology Program;  
• High Performance Computing and Communications Program;  
• Research & Technology Base Program;   
• Advanced Composites Technology Program;  
• Vehicle Systems Program;  
• Materials and Structures Systems Technology Program;  
• Aircraft Energy Efficiency Program, including Composite Primary Aircraft 
Structures, Transport Aircraft Systems Technology, and Advanced Composite 
Structures Technology Programs; 
 (ii) NASA Personnel and Institutional Suppor t Costs Dedicated to US LCA Industry R&D;  
 (iii) NASA Independent Research & Developmen t, and Bid & Proposal Reimbursements;  
 
(iv) Use by the US LCA industry of research, test and evaluation facilities owned by the US 
Government, including NASA wind tunnels, in particular the Langley research centre;  
 (v) NASA procurement contracts.  
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 3. DEPARTMENT OF DEFENSE SUBSIDIES 
 
The Department of Defense ("DOD") transfers economic resources to the US LCA industry, 
inter alia , by: 
 (i) allowing the US LCA industry to participate in DOD-funded research, making payments to 
the US LCA industry for such research, or enabling the US LCA industry to exploit the results thereof by means including but not limite d to the foregoing or waiving of valuable 
patent rights, and the granting of exclusive or early access to data, trade secrets and other 
knowledge resulting from government funde d research, through, for example:  
 
• Research, Development, Testing and Evaluation Programs; 
• Independent Research & Development, and Bid & Proposal Reimbursements;  
 (ii) use by the US LCA industry of test and evaluation facilities owned by the US Government, 
including the Major Range Test Facility Bases;  
 (iii) procurement contracts including those for the purchase of goods from the US LCA industry 
for more than adequate remuneration, including in particular but not limited to the US Air 
Force contract with the Boeing corporation fo r the purchase of certain spare parts for its 
Airborne Warning and Control System (A WACS) aircraft, the Boeing KC-767A Tanker 
Program (lease contract), the National Pola r-orbiting Operational Environmental Satellite 
System-Conical Microwave Imager Sensor, Boeing, the C-22 Replacement Program (C-40), Boeing, the KC-135 Programmed Depot Mainte nance, Boeing/Pemco, the C-40 Lease and 
Purchase Program, Boeing, the C-130 avionics modernisation upgrade program, the C-17 H22 contract (Boeing BC-17X) and the US Navy  contract with Boeing for the production and 
maintenance of 108 civil B-737 and their conve rsion into long-range submarine hunter Multi-
Mission Aircraft. 
 The EC is also concerned about pending legislatio n, in particular draft amendment (Section 817 – 
Prohibition on Procurement from Beneficiaries of  Foreign Subsidies) to the FY06 Defense 
Authorisation bill (HR 1815) (Hunter Amendment). 
 
4. DEPARTMENT OF COMMERCE SUBSIDIES 
 
The Department of Commerce ("DOC") transfers economic resources to the US LCA industry, inter alia , by allowing the US LCA industry to particip ate in the National Institute of Standards & 
Technology ("NIST")  Advanced Technology Program, making payments to the US LCA industry 
under this research programme, or enabling the US LCA industry to exploit the results thereof by 
means including but not limited to the foregoing or wa iving of valuable patent rights, the granting of 
exclusive or early access to data, trade secrets and other knowledge resulting from government funded research.   
 
5. DEPARTMENT OF LABOR SUBSIDIES 
 
The US Department of Labor transfers economi c resources to the US LCA industry through, 
inter alia,  the Aerospace Industry Initiative, an element of the president's High Growth Training 
Initiative, by granting to Edmonds Community Coll ege in the State of Washington funds for the 
training of aerospace industry workers. 
 WT/DS317/1/Add.1 
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 6. FEDERAL TAX SUBSIDIES 
 
The US Government transfers economic resources to the US LCA industry through the federal tax 
system, and in particular the following tax measures: 
 Sections 921-927 of the Internal Revenue Code (p rior to repeal) and related measures establishing 
special tax treatment for "Foreign Sales Corporati ons" ("FSCs"), including individual applications; the 
FSC Repeal and Extraterritorial Income Exclusion Act of 2000, Pub. L. No. 106-519, including 
individual applications; and the American Jobs Cr eation Act of 2004, Pub. L. No. 108-357 including 
individual applications.   The European Communities considers that these measures are inconsistent with the 
obligations of the United States under the following provisions: 
 
 (1) Articles 3.1 (a) and (b) and 3.2 of the SCM Agreement ; 
  (2) Article 5 (a) and (c) of the SCM Agreement ; 
  (3) Article 6.3 (a), (b), and (c) of the SCM Agreement ; 
 
 (4) Article III:4 of the GATT 1994.   The European Communities is of the view that the measures referred to above are inconsistent 
with these provisions as such and as applied.  
 
 These measures are subsidies because in each inst ance there is a financial contribution by the 
US, State or local government and a benefit is there by conferred within the meaning of Article 1.1(a) 
and (b) of the SCM Agreement .  Each of them is specific to the US LCA industry within the meaning 
of Article 2 of the SCM Agreement .  
 
 The subsidies listed above are de jure  or de facto  export contingent, and contingent on the use 
of domestic over imported goods.  The use of these measures causes adverse effects, in particular , 
serious prejudice or a threat of serious prejudice to the interests of the European Communities and 
material injury or threat of material inju ry to the European Community LCA industry: 
 
 – The effect of the measures is significant price undercutting by subsidized products of 
the US LCA industry as compared with th e price of the European Community LCA 
products, or a threat thereof in violation of Articles 5(c) and 6.3(c) of the SCM Agreement ;  
  – The effect of the measures is significant price depression and price suppression in the 
markets for LCA products or a threat thereof in violation of Articles 5(c) and 6.3(c) 
of the SCM Agreement ;  
  – The effect of the measures is significant lost sales in the markets for LCA products or 
a threat thereof in violation of Articles 5(c) and 6.3(c) of the SCM Agreement ;  
 
 – The effect of the measures is to displace  or impede exports of European Community 
LCA products in the US market or a threat thereof in violation of Articles 5(c) and 6.3(a) of the SCM Agreement ;   
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  – The effect of the measures is to displace  or impede exports of European Community 
LCA products in third country markets or a th reat thereof in violation of Articles 5(c) 
and 6.3(b) of the SCM Agreement ;    
 
 – The effect of the measures is material  injury to the European Community LCA 
industry or a threat thereof in violation of Article 5(a) of the SCM Agreement . 
  – The Hunter Amendment would also be incompatible, inter alia , with Article 23 of the 
DSU and Article 32 of the SCM Agreement . 
  Articles 4.2 and 7.2 of the SCM Agreement  together require that requests for consultations 
include a statement of available evidence with regard  to: (1) the existence and nature of the subsidies 
in question, and (2) the adverse effects to the inte rests of the European Co mmunities.  The available 
evidence is listed in the Annex to this letter.  It  combines the available evid ence already contained in 
the letter of 6 October 2004 and additional evidence on the existence and nature of the subsidies that 
has become available since then.   The European Communities reserves the right to  request the United States to produce further 
information and documents regarding the measures in question and their effect on the interests of the 
European Communities.  The European Communiti es also reserves the right to address additional 
measures and claims under other WTO provisions.     My authorities look forward to receiving in du e course a reply from the United States to this 
request.  The European Communities is ready to cons ider with the United States mutually convenient 
dates to hold consultations in Geneva. 
 WT/DS317/1/Add.1 
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 ANNEX
 
 
 
STATEMENT OF AVAILABLE EVIDENCE 
 
 The evidence set out below is evidence availa ble to the European Communities at this time 
regarding the existence and nature of the subsidies subject to this dispute, and the adverse effects 
caused by them to the interests of the European  Communities. It is further supported by business 
confidential internal Airbus documents that ar e summarized below.  Th e European Communities 
reserves the right to supplement or alter this list in the future, as required.  
(a) Existence and Nature of the Subsidization 
 The evidence currently available to the Europ ean Communities includes th e following documents.  
The European Communities' request for consultations  describes in more detail the nature of these 
subsidies.  H.B. 2294, 58th Leg., 2d Spec. Sess. (Wash. 2003)  
Final Bill Report, H.B. 2294 
 Memorandum of Agreement for Project Olympus between the Boeing Company and the State of 
Washington, dated as of 19 December 2003, available at  
http://www.effwa.org/pdfs/boeing_olympus.pdf
 
 
Project Olympus Master Site Development and Location Agreement between the Boeing Company 
and the State of Washington, dated as of 19 December 2003, available at  
http://www.effwa.org/pdfs/boeing_olympus.pdf  
 First Amendment to Project Olympus Master Site  Development and Location Agreement between the 
Boeing Company and the State of Washington, dated as of 19 December 2003, available at  
http://www.effwa.org/pdfs/boeing_amended.pdf
 
 News Release, Office of Governor Gary Locke, Gov. Gary Locke Unveils Tax Incentives Package to 
Help Land Boeing 7E7, Outlines Project's Significant Economic Impact on State , 9 June 2003, 
available at  http://www.governor.wa.gov/press/press-vi ew.asp?pressRelease=1372&newsType=1
 
 Bryan Corliss, 7E7 Perks Go to Boeing , HeraldNet, 20 December 2003, available at  
http://www.heraldnet.com/st ories/03/12/20/17926878.cfm
 
 Action Washington, Boeing 7E7 Site Agreement:  Tax Adjustment Package, 6 December 2004, 
available at  http://dir.cted.wa.gov/DesktopModules/ Documents/DocumentsView.aspx?tabID=
 
0&alias=ActionWA&lang=en&ItemI D=146&MId=116&wversion=Staging  
 News Release, Office of Governor Gary Locke, Gov. Locke, Business, Labor and Government 
Leaders Celebrate Delivery of State's 7E 7 Proposal at ‘Action Washington' Rally , 20 June 2003, 
available at  http://www.governor.wa.gov/press/press-vi ew.asp?pressRelease=1379&newsType=1
 
 News Release, Office of Governor Gary Locke, Gov. Gary Locke Credits States Aggressive Proposal, 
Unified Effort in Winning 7E7 Bid , 16 December 2003, available at  
http://www.governor.wa.gov/press/press-vi ew.asp?pressRelease=1491&newsType=1
   WT/DS317/1/Add.1 
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 David Ammons, Boeing 7E7 Deal Includes Perks , The Olympian, 22 January 2004, available at  
http://www.theolympian.com/home/new s/20040122/business/19223_Printer.shtml
 
 
Our View: Sweet Boeing Deal Leaves a Sour Taste , King County Journal, 22 January 2004, available 
at http://www.kingcountyjournal. com/sited/story/html/154305  
 Press Release, Evergreen Freedom Foundation, Details of Boeing Agreement Revealed , 21 January 
2004, available at  http://www.effwa.org/press_releases/2004_01_21a.php
 
 
Open Letter to Washington Legislators from Bob Williams, President of EFF, 15 October 2004, 
available at  http://www.effwa.org/commentaries/2004_10_15.php  
 John Gillie, A Smooth Landing for the 7E7 , The News Tribune, 20 December 2004, available at  
http://www.thenewstribune.com/business/ aerospace/story/4356715p-4127928c.html
 
 Action Washington, available at http://dir.cted.wa.gov/portal/alia s__ActionWA/lang__en/tabID__63/
 
DesktopDefault.aspx  
 State of Washington, House and Senate Floor Debates, HB 2294, 10-11 June 2003 
 
Executive Message Video, 20 June 2003, available at  http://dir.cted.wa.gov/
 
DesktopModules/Documents/DocumentsView.as px?tabID=0&alias=Acti onWA&lang=en&ItemID=1
77&MId=115&wversion=Staging  
 
Washington State and the Boeing Company: Work ing Together for the Boeing 7E7 Dreamliner, 
Continuing Support and Collaborativ e Actions, September Presentation, Greenville, SC (September 
2003)  Project Management Services Contract Between State of Washington Employment Security Department and Accenture, LLP, ESD Contract No . 05-415-PS, 5 May 2005, and related exhibits 
 
Boeing's 747 Large Cargo Freighter Development on Plan, 22 February 2005, available at  
http://www.boeing.com/news/releases/2005/q1/nr_050222g.html
 
 Snohomish County Airport, Aircraft Ra te Schedule, effective 1 April 2002 
 
Aircraft Models and Weights for Reporting All-Ca rgo Data to FAA, CY 2003 FAA ACAIS, February 
2005, available at http://www.faa.gov/arp/planning/stats/2005/
 
Cy04CargoAircraftEnc2.pdf  
 Joint Use Agreement between Snohomish County and the Boeing Company with regard to Boeing's 
use of the Snohomish County Airport (Paine Fiel d), dated 17 June 1966,  and all subsequent 
amendments and letter agreements in relation theret o, including those dated 14 July 1969, 25 August 
1999, 7 December 2000, 17 December 2002, and any amendments pursuant to the Project Olympus 
Master Site Agreement  
Port of Everett, Rail/Barge Transfer Facility, available at  
http://www.portofeverett.com/boeingrailbarge.shtml
 
 WT/DS317/1/Add.1 
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 Port Commission authorizes staff to go out to bid on Rail-Barge Facility , Port of Everett Press 
Release, 26 May 2005, available at  http://www.portofeverett.com/press/
 
2005_05_26BidRailBarg.shtml  
 
City of Everett Ordinance 2759-04 (2004), amendi ng Chapter 3.24 of the Everett Municipal Code 
 Boeing Major Production Facilities, Everett, Washington, available at  
http://www.boeing.com/commercial/facilities/
 
 
Spreadsheets of top Everett manufacturing companies as compiled by the City of Everett Mayor's Office  Economic Revitalization and Reinvestment Act, S.B.  281, 2003 Sess., Reg. Sess., § 1(e) (Kan. 2003) 
 
Supplemental Note on S.B. 281, available at  
http://www.kslegislature.org/supplemental/2004/SN0281.pdf   
 
Richard Williamson, Kansas Lands Piece of Jet, but Boeing May not Use the Bonds , The Bond Buyer, 
24 November 2003  Caroline Daniel, Boeing Eyes Highest Handout in Bid to Soar Above Europe , The Financial Times, 
16 June 2003 
 Steve Painter, Boeing Wichita Lands State Bonds , The Wichita Eagle, 22 May 2003 
 Jean Hays, Tweaks to Boeing Bill Pass Senate , The Wichita Eagle, 7 May 2003 
 
Chris Grenz, Boeing Banking on State , The Topeka Capital-Journal , 20 April 2003 
 Kansas Department of Commerce, Legislative Session Track for S.B. 281, available at 
http://kdoch.state.ks.us:82/NewsApp/news_legis lative_updates_bill_displa y.jsp?id=1049378817480
 
 
Steve Painter and Molly McMillin, State Sees Bonds as Boeing's Best Shot , The Wichita Eagle, 
2 April 2003  Kansas Development Finance Authority, Financial Statements Years Ended June 30, 2003 and 2002, 
and Independent Auditors' Report, available at  
http://www.kdfa.org/admin/UPLOADS/FinalAuditReport-FY2003.pdf
  
 Now You Know: Who Received Incentives?  The Wichita Eagle, 11 July 2004 
 City of Wichita, IRB Overview, "Industrial Revenue Bond Issuance in the State of Kansas,"  available 
at http://www.wichita.gov/Business/Econom icDevelopment/IRB/IRBOverview.htm
  
 Minutes of Meetings of the Wichita City Council, 1995-2005, available at  
http://www.wichitagov.org/Government/MinutesAndAgendas/CityCouncil/
 
 Lillian Zier Martell, The Wichita Eagle, 10 November 1999 
  WT/DS317/1/Add.1 
 G/L/698/Add.1 
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 David Dinell, City approves Boeing industrial revenue bonds , 7 November 2002, available at  
http://wichita.bizjournals.com/w ichita/stories/2002/11/04/daily44.html
 
 
Karen Pierog, Wichita Council OKs Tax Break for Boeing , Reuters News Service, 10 November 1999 
 
Council approves Boeing bonds , Wichita Business Journal, 14 November 2000, available at  
http://wichita.bizjournals.com/w ichita/stories/2000/11/13/daily21.html   
 
City of Wichita Industrial Revenue B ond Policy, Resolution No. R-98-151, available at  
http://www.wichita.gov/NR/rdonlyres/5C4F7504-A681-47EC-8369-F1AD7C400FAE/0/  
Industrial_Revenue_Bond_Policy_06d.pdf   
 Wichita City Council Ordinance Nos. 46-401 (2004), 45-914 (2003), 45-495 (2002), 45-133 (2001), 
44-811 (2000), 44-428 (1 999), 44-102 (1998), 43-642 (1997), 43-325 (1996), 42-949 (1995), 42-553 
(1994), 42-228 (1993), 41-916 (1992), and 41-592 (1991)  Bond transcripts for industrial revenue bonds issued on behalf of Boeing by the City of Wichita since 
1979  
Letters of intent for Industrial Re venue Bonds issued to the US LCA industry pursuant to actions of 
the Wichita City Council taken on 17 May 2005, 13  July 2004, 9 November 1999, 13 February 1996, 
24 March 1992, 5 December 1989, 21 December 1982, 9 June 1981, and 23 October 1979  
 Tax Abatement Cost-Benefit Analyses for US LCA- industry industrial revenue bonds performed by 
the Center for Economic Development and Business Research, W. Frank Barton School of Business, 
Wichita State University 
 
Council approves Onex IRBs , Wichita Business Journal, 17 May 2005, available at  
http://wichita.bizjournals.com/wic hita/stories/2005/05/16/daily16.html 
 
K.S.A. §§ 12-1740 et seq ., as amended 
 K.S.A. §§ 79-201 et seq ., as amended, and Article 11, Section 13 of the Constitution of the State of 
Kansas   
K.S.A. §§ 79-3601 et seq ., as amended 
 Boeing Commercial Airplanes, Wichita  Division, "Wichita Overview," available at  
http://www.boeing.com/commercial/wichita/commercial.htm
 
 List maintained by the City of Wichita that contains  information about all IRBs issued by the City of 
Wichita since 1979 
 City of Wichita/Sedgwick County Econom ic Development Incentives Policy, available at  
http://www.wichita.gov/NR/rdonlyres/5C4F7504-A681-47EC-8369-F1AD7C400FAE/0/
 
Industrial_Revenue_Bond_Policy_06d.pdf  
 
The City of Wichita Industrial Revenue Bond Policy, Resolution No. R-98-151  Property Tax Exemption Orders issued by the Kansas Board of Tax Appeals for property owned by or 
leased to the Boeing Company from FY 1985 to present WT/DS317/1/Add.1 
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Property Tax Exemption Applicati ons filed with the Kansas Board of Tax Appeals by the Boeing 
Company from FY 1985 to present 
 
Kansas Department of Revenue Ruling No. 19-1996-1, 1 July 1989  Kansas Private Letter Ruling No. P-2001-098, 30 September 2001  
Kansas Private Letter Ruling No. P-1999-44, 26 February 1999 
 Funding provided by the State of Kansas, Kans as Technology Enterprise Corporation ("KTEC"), and 
the Federal Government to the National Institute for Aviation Research at Wichita State University 
for collaborations with the US LCA industry, as detailed in the National Institute for Aviation 
Research, 2003 Annual Report 
 Economic Development for a Growing Economy Ta x Credit Act, Illinois Public Act 91-476, as 
amended  35 Ill. Comp. Stat. §§ 10/5 et seq. 
 
35 Ill. Comp. Stat. §§ 5/211 et seq. 
 Corporate Headquarters Relocation Act, Illinois Public Act 92-0207, 20 Ill. Comp. Stat. §§ 611/1 
et seq. 
 
35 Ill. Comp. Stat. § 200/18-165  Ordinance of the County of Cook, Illinois, Appr oving Execution of a Tax Reimbursement Payment 
Agreement with the Boeing Company (2001)  
Ordinance of the City of Chicago, Illinois, Approving Execution of a Tax Reimbursement Payment 
Agreement with the Boeing Company (2001)  The Boeing Company – Corporate Headquarters Relo cation Grant Application (10 December 2001), 
prepared for the Illinois Department  of Commerce and Community Affairs 
 
John O'Connor, Chicago's Boeing Incentives May Be Cut , Denver Post, 24 May 2001 
 
Tax Reimbursement Payment Agree ment Between the City of Chicago and the Boeing Company, 
1 November 2001, attached as Exhibit A to An Ordi nance of the City of Chicago, Illinois Approving 
Execution of a Tax Reimbursement Payment Agre ement with the Boeing  Company (ordinance 
available at http://egov.cityofchicago/webportal/COCWe bPortal/COC_Editorial/ Boeing.txt
) 
 Tax Reimbursement Payment Ag reement Between the County of Cook and The Boeing Company , 
1 November 2001  
Boeing amended certification of real estate tax es paid in accordance with the Lease Agreement 
(attached to Boeing's 23 July 2003 request for Tax Reimbursement from the County of Cook)    WT/DS317/1/Add.1 
 G/L/698/Add.1 
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 Boeing certification of real estate taxes paid in  accordance with the Lease Agreement (2 December 
2003) (attached to Boeing's 29 January 2004 request for Tax Reimbursement Payment from the City 
of Chicago) 
 
Statement of Robert Kunze (Deputy Commissioner, Department of Planning and Development, City 
of Chicago), Report of the Committee on Finan ce, Board of Commissioners of Cook County, 12 
September 2001, available at http://www.co.cook.il.us/secretary/CommitteePages/
 
Meeting%20Reports/Finance%20Committee/2001/09-12-01.htm  
 
Meeting of the Cook County Board of Commission ers: Post Agenda Report, 29 September 2001, 
available at http://www.cookctyclerk.com/ag endas/2001/092001/092001meeting.pdf  
 Boeing Moving Headquarters to Chicago, 14 May 2000, available at  http://www.spaceandtech.com/ 
digest/sd2001-19/sd2001-19-001.shtml  
 City of Chicago, Office of City Comptroller, Order Payment Voucher , No. PV08030801779  
 City of Chicago, Office of City Comptroller, Order Payment Voucher , No. PV08040800041 
 
City of Chicago, Office of City Comptroller, Order Payment Voucher , No. PV08040801118  
 City of Chicago, Office of City Comptroller, Order Payment Voucher , No. PV08040800574  
 Cook County, Bureau of Finance, Cashier's Check 461492 , 25 May 2004  
 
Cook County, Bureau of Finance, Cashier's Check 456646 , 23 December 2003 
 Boeing Headquarters Relocation Projected Cost/Benefit Analysis  Lease Termination Compensation Agreement between  100 North Riverside, LLC and the City of 
Chicago, 15 January 2003  
 Jack Lyne, US$63 million in Incentives, Last-Second  Space Deal Help Chicago Land Boeing , June 
2001, available at  www.conway.com/ssinsider/incentive/ti0106.htm
 
 
Press Release from The Boeing Company, Boeing Begi ns World Headquarters Operations in Chicago 
(4 September 2001), available at http://www.boeing.com/news/releases/2001/q3/nr_010904z.htm   
 Press Release from the Office of Illinois Governor George Ryan (10 May 2001), available at http://www.state.il.us/gov/press/01/may/0510boeing.htm
  
 
Ron Starner and Mark Arend, "Behind Boeing's F light Plan: Why the New Chicago Headquarters is 
Just Part of the Story," Site Selecti on Magazine, September 2001, available at 
http://www.siteselection.com/issues/2001/sep/p572   
 Illinois Economic and Fiscal Commission, Corporate Incentives in the State of Illinois (August 2001) 
 
Memo to Honorable Members of the General A ssembly from Pam McDonough, Director, Department 
of Commerce and Community Affairs,  regarding the Corporate Headquarters Relocation Act (23 May 
2001)  WT/DS317/1/Add.1 
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 State of Illinois, 92
nd General Assembly, House of Representatives, Transcription Debate, 69th 
Legislative Day, 31 May 2001   
Jeff McCourt and Greg LeRoy, Good Jobs First, A Better Deal for Illinois: Improving Economic 
Development Policy  (January 2003), available at http://www.heartland.org/Article.cfm?artId=12828
 
 Corporate Headquarters Relocation Act Master Ag reement between The Illinois Department of 
Commerce and Community Affairs and The Boeing Company (27 March 2002) 
 
Marc J. Lane, It Pays to Invest in State's Homegrown Technology , 24 Crain's Chicago Bus. 11, 2001 
WL 7067142  Reports of Job Creation/Retention and Capital Improvements Expenditures for several years  
 
EDGE Tax Credit Report of Annual Compliance for Year Ending 12/31/2003  Report of the Committee on Finance, Board of Commissioners of Cook C ounty (12 September 2001), 
available at http://www.co.cook.il.us/secretary/CommitteePages/Meeting%20Reports/
 
Finance%20Committee/2001/09-12-01.htm  
 
Hearing Charter, The Future of Aeronautics at NASA: He aring Before the House Subcomm. on Space 
and Aeronautics of the Comm. on Science , 16 March 2005 
 Statement of Dr. J. Victor Lebacqz, NASA Associ ate Administrator for Aeronautics Research, before 
the House Subcommittee on Space and Aeronautics, 16 March 2005 
 Achieving Aeronautics Leadership, NASA Aer onautics Strategic Enterprise Plan, 1995-2000, 
April 1995  Statement of Dr. John M. Klineberg, Chair, Committee to Review NASA's Aeronautics Technology 
Program, Aeronautics and Space Engineering Board, Division on Engineering and Physical Sciences, 
National Research Council, the National Academie s, before the House Subcommittee on Space and 
Aeronautics, 16 March 2005  NASA Langley Research Center, Economic Impact, Fiscal Year 1998 
 
Joseph R. Chambers, Concept to Reality: Contributions of th e NASA Langley Research Center to US 
Civil Aircraft of the 1990s (2003) 
 Minutes of the NASA Advisory Council, Aerospace Technology Advisory Committee, and Technology and Commercialization Advisory Committee 
 
Federal Support for US Aeronautics Industry: He aring Before the House Subcomm. on Government 
Activities and Transportation of the Comm. on Government Operations , 102nd Cong. 182 (1992) 
 
FY98 Budget for NASA: Hearing Before the Senate Subcomm. on Science, Technology and Space of 
the Comm. on Commerce, Science and Transportation , 105th Cong. (1997), Federal News Service, 
24 April 1997  
Competitiveness of the Aerospace Industry: He aring on S. 419 Before the Senate Comm. on 
Commerce, Science, and Transportation , 103rd Cong. 80-81 (1993)  WT/DS317/1/Add.1 
 G/L/698/Add.1 
 G/SCM/D63/1/Add.1 
 Page 13 
  
  
The Clinton Administration's Initiative to Pr omote a Strong Competitive Aviation Industry, 
January 1994 
 
Joe Cobb, Clinton's Welcome Plan to Improve Air Travel , Heritage Foundation Reports, 28 January 
1994 
 
Competition in the US Aircraft Manufacturing I ndustry: Hearing before the House Subcomm. on 
Aviation of the Comm. on Transportation and Infrastructure , 107th Cong. 4 (2001) 
 Jeffrey L. Ethell, Fuel Economy in Aviation , NASA SP-462 
 
NASA's Aeronautics Program: Hearing Before th e Senate Subcomm. on Science, Technology and 
Space of the Comm. on Commerce, Science and Transportation , 107th Cong. (2001), FDCH Political 
Transcripts, 24 April 2001  Innovations in Aircraft Design, available at  http://www.sti.nasa.gov/tto/spinoff1997/t1.html
 
 Statement of Billy M. Glover, Director of E nvironmental Performance Strategy, Boeing Commercial 
Airplanes, before the House Subcommittee on Av iation of the Committee on Transportation and 
Infrastructure, 5 June 2003  Dawn C. Jegley and Harold G. Bush, Structural Response and Failure of a Full-Scale Stitched 
Graphite-Epoxy Wing , AIAA Paper No. 2001-1334-CP 
 
Randy Tinseth, Boeing Innovations in Technology and Airplane Design , April 2004 
 National Aeronautics and Space Ac t of 1958, Pub. L. No. 85-568 
 NASA Appropriations Acts, P.L. 94-116 (FY 1976) ; P.L. 94-378 (FY 1977); P.L. 95-119 (FY 1978); 
P.L. 95-392 (FY 1979); P.L. 96-103 (FY 1980); P.L. 96-526 (FY 1981); P.L. 97-101 (FY 1982); P.L. 
97-272 (FY 1983); P.L. 98-45 (FY 1984); P.L. 98-371 (FY 1985); P.L. 99-160 (FY 1986); P.L. 99-500 & P.L. 99-591 (FY 1987); P.L. 100-202 (FY 1988); P.L. 100-404 (FY 1989); P.L. 101-144 (FY 1990); P.L. 101-507 (FY 1991); P.L. 102-139 (FY 1992); P.L. 102-389 (FY 1993); P.L. 103-124 
(FY 1994); P.L. 103-327 (FY 1995); P.L. 104-134 (FY 1996); P.L. 104-204 (FY 1997); P.L. 105-65 
(FY 1998); P.L. 105-276 (FY 1999); P.L. 106-74 (FY 2000); P.L. 106-377 (FY 2001); P.L. 107-73 & 
P.L. 107-117 (FY 2002); P.L. 108-7 (FY 2003); P.L. 108-199 (FY 2004); P.L. 108-447 (FY 2005)  Basis of NASA FY 1976-FY 2006 Funding Requirements,  including sections relevant to the Aircraft 
Energy Efficiency ("ACEE"), Materials and St ructures Systems Technology ("MSST"), Advanced 
Composites Technology ("ACT"), High Speed Resear ch ("HSR"), Advanced  Subsonic Technology 
("AST"), High Performance Computing and Commun ications ("HPCC"), Aviation Safety/Aviation 
Safety & Security/Aviation Security & Safety ("Aviation Safety"), Quiet Aircraft Technology 
("QAT"), Vehicle Systems, and Research and Tec hnology Base ("R&T Base") Programs, as well as 
Research and Program Management ("R&PM"), and Institutional Support 
 
Basis of NASA ACEE FY 1976-FY 1987 Funding Requirements 
 Basis of NASA MSST FY 1988-FY 1995 Funding Requirements  Basis of NASA ACT FY 1996-FY 1997 Funding Requirements WT/DS317/1/Add.1 
G/L/698/Add.1 G/SCM/D63/1/Add.1 
Page 14 
  
  
Basis of NASA HSR FY 1990-FY 2001 Funding Requirements  
Basis of NASA AST FY 1992-FY 2001 Funding Requirements 
 Basis of NASA HPCC FY 1991-FY 2003 Funding Requirements  Basis of Aviation Safety FY 2000-FY 2006 Funding Requirements 
 
Basis of NASA QAT FY 2000-FY 2006 Funding Requirements  Basis of NASA Vehicle Systems FY 2003-FY 2006 Funding Requirements  
Basis of NASA R&T Base FY 1991-FY 2004 Funding Requirements 
 Basis of NASA R&PM FY 1976-FY 2003 Funding Requirements  Basis of NASA Aerospace Institutional Suppor t FY 2002-FY 2005 Funding Requirements 
 
48 C.F.R. § 31. 205-18 
 14 C.F.R. § 1274.204(g)  48 C.F.R. §§ 9904.420 et seq . 
 
Requirements for Documentation, Approval, and Dissemination of NASA Scientific and Technical 
Information, section 4.5.7.1 (NPG 2200.2A)  48 C.F.R. §§ 27.400 et seq . 
 
L.B. Ilcewicz, P.J. Smith, C.T. Hanson, T.H. Wa lker, S.L. Metschan, G.E. Mabson, K.S. Willden, 
B.W. Flynn, D.B. Scholz, D.R. Polland, H.G. Fredrikson, J.T. Olson, and B.F. Backman, The Boeing Company, Seattle, WA, NASA/CR 4734, Advanced Technology Composite Fuselage ─Program 
Overview , April 1997 
 
Robert H. Kinder, Douglas Aircraft Company, N95-29030, Impact of Composites on Future 
Transport Aircraft 
 
John Quinlivan, N95-29031, Challenges and Payoff of Composites in Transport Aircraft:  777 
Empennage and Future Applications  
 R.H. Liebeck, D.A. Andrastek, J. Chau, R. Girvin, R. Lyon, B.K. Rawdon, P.W. Scott, R.A. Wright, 
McDonnell Douglas Aerospace, Long Beach, CA, NASA/CR-195443, Advanced Subsonic Airplane 
Design & Economic Studies , April 1995 
 L.B. Ilcewicz, T.H. Walker, K.S. Willden, G.D. Swanson, G. Truslove, S. L. Metschan, and C.L. 
Pfahl, The Boeing Company, Seattle, WA, NASA/CR-4418, Application of a Design-Build Team 
Approach to Low Cost and Weight Composite Fuselage Structure , 1991 
 Individual Budgets for DOD Project Related Elemen ts of US Navy, Army, and the Defense Research 
Projects Agency  WT/DS317/1/Add.1 
 G/L/698/Add.1 
 G/SCM/D63/1/Add.1 
 Page 15 
  
  
10 U.S.C. §§ 2511, 2521  
DOD Appropriations Acts P.L. 101-511 (FY 1991); P.L. 102-172 (FY 1992); P.L. 102-396 (FY 993); 
P.L. 103-139 (FY 1994); P.L. 103-335 (FY 1995); P.L. 104-61 (FY 1996); P.L. 104-208 (FY 1997); P.L. 105-56 (FY 1998); P.L. 105-262 (FY 1999); P.L. 106-79 (FY 2000); P.L. 106-259 (FY 2001); P.L. 107-117 (FY 2002); P.L. 107-248 (FY 2003); P.L. 108-87 (FY 2004); P.L. 108-287 (FY 2005)  
RDT&E US Civil Aircraft Related Project El ement Budgets for FY 1991-FY 2005, including: 
Defense Research Sciences (PE# 0601102F), Ma terials (PE# 0602102F), Aerospace Flight 
Dynamics\Vehicle Technologies (PE# 0602201F), Ae rospace Propulsion (PE# 0602203F), Aerospace 
Sensors (PE# 0602204F), Dual Use Applications\Science & Technology (PE# 0602805F), Advanced Materials for Weapon Systems (PE# 0603112F), Flight Vehicle Technology (PE# 0603205F), 
Aerospace Structures\Technology  Dev/Demo (PE# 0603211F), Aerospace Propulsion & Power 
Technology (PE# 0603216F), Flight Vehicle Tec hnology Integration (PE# 0603245F), RDT&E For 
Aging Aircraft (PE# 0605011F), Manufacturing Technology/Industrial Preparedness (PE# 0603771F/0708011F/0708011N), C-17 (PE# 0401130F/0604231F), CV-22 (PE# 0401318F), Joint Strike Fighter (PE# 0603800F/0603800N/0 603800E/0604800F/0604800N), AV-8B Aircraft 
(PE# 0604214N), Comanche (PE# 0604223A), F- 22 (PE# 0604239F), B-2 Advanced Technology 
Bomber (PE# 0604240F), V-22 (PE# 0604262N), A- 6 Squadron (PE# 0204134N), F/A-18 Squadrons 
(PE# 0204136N), Dual Use Applications Progr am (including its predecessor, the Technology 
Reinvestment Project)  DOD RDT&E Budget Item Justification,  Exhibits R-2, FY 1991-FY 2006 
 
DOD FY 1991-FY 2006 Budgets for RDT&E Progr ams (Exhibit R-1), DOD Component Summary 
 Department of Defense Office of the Inspector General, "Major Range and Test Facility Base," D-2004-035, 8 December 2003  
Report of 15 February 2005 of the General A ccountability Office (GAO) of the United States' 
Government to the Secretary of Defense, Contract Management, The Air Force Should Improve How 
It Purchases AWACS Spare Parts, GAO-05-169.  Management Accountability Review of the Boeing KC -767A Tanker Program, Office of the Inspector 
General of the Department of Defense, 13 May 2005, Report No OIG-2004-171, available at: 
http:/www.dodig.osd.mil/tanker.htm.  Daily Briefing, 15 April 2005  GAO says problems justify rebidding C-130 contract 
 
By Amy Klamper, CongressDaily, available at: http://www.govexec.com/dailyfed/0405/041505cdam2.htm
 
 E-Mails Detail Air Force Push for Boeing Deal 
 
Pentagon Official Called Proposal Lease of Tankers a "Bailout", Report Finds 
 By R. Jeffrey Smith, Washington Post, Tuesday 7 June 2005; A01  WT/DS317/1/Add.1 
G/L/698/Add.1 G/SCM/D63/1/Add.1 
Page 16 
  
 Holes in the Tanker Story 
 Washington Post, Monday, 20 June 2005; A14 
 
Factual information and various statements coveri ng, among other things, the "Tanker Deal" available 
at http:/www.pogo.org/p/x/archivecontractover.html  (Project on Government Oversight website) 
 Report of 14 April 2005 of the General Acco untability Office (GAO) of the United States' 
Government, Air Force Procurement, Protests Challenging Role of Biased Official Sustained, 
GAO-05-436T, available at: http:/ www.gao.gov/new.items/d05436t.pdf 
 Congressional Budget Office (CBO) Report, Letter of Douglas Holtz-Eakin, Director addressed to the 
Honorable Don Nickles, Chairman of the Comm ittee on the Budget United States Senate dated 26 
August 2003 and related doc uments available at: 
http:/www.cbo.gov/showdoc. cfm?index=4494&sequence=0 
 Statement of The Honorable Joseph E. Schmitz, Inspect or General, Department of Defense before the 
Airland Subcommittee, Senate Co mmittee on Armed Services on "Air Force Acquisition Oversight", 
14 April 2005 available at: http://armed-services.senate.gov/statemnt/2005/April/Schmitz%2004-14-
05.pdf  
 DOD Follow-Up on Boeing Probe Results in 8 Contract s Referred to IG, in particular the National 
Polar-orbiting Operational Environmental Satellit e System-Conical Microwave Imager Sensor, 
Boeing, the C-22 Replacement Program (C- 40), Boeing, the KC-135 Programmed Depot 
Maintenance, Boeing/Pemco, the C-40 Lease and Purchase Program, Boeing, the upgrade to the 
avionics of the C-130J aircraft, the C-17 H22 contract, the Boeing KC-767A tanker program, the contract for the purchase of certain spare parts for the Airborne Warning and Control System 
(AWACS) aircraft and Pentagon statement on DCMA  Identified Questionable Contracts, BNA of 
15 February 2005.  
FY06 Defense Authorisation bill (HR 1815), House Armed Services Committee Chairman Duncan 
Hunter's amendment (Section 817 – Prohibition on  Procurement from Beneficiaries of Foreign 
Subsidies) adopted by the US House on 25 May 2005.  Jeanne Rapley, Testing for Private Industry: A Legal Perspective , powerpoint presentation, 17 March 
1997, available at  http://www.dtc.army.mil/apbi/1997/legal97/index.html
 
 AEDC, "Commercial Success Stories," available at  
http://www.arnold.af.mil/aedc/commercial/commercial.pdf
 
 10 U.S.C. § 2681 
 
10 U.S.C. § 2539b  NAWCAD, "Commercial Service Agreements (CSAs)," available at  
http://nawcadcounsel.nav air.navy.mil/CSAs.htm
 
 
US General Accounting Office, "Aerospace Testi ng: Promise of Closer NASA/DOD Cooperation 
Remains Largely Unfulfilled," GAO/NSIAD-98-52, March 1998   WT/DS317/1/Add.1 
 G/L/698/Add.1 
 G/SCM/D63/1/Add.1 
 Page 17 
  
 US Department of Labor Employment & Training Administration News Release, US Secretary of 
Labor Elaine L. Chao Announces Nearly $1.5 M illion to Train Washington Workers for Careers in 
the Aerospace Industry , 5 November 2004, available at 
http://www.doleta.gov/whatsnew/new_releases/november052004-Washington.cfm
  
 Notification of Award for Grant No. AN-14571-05-60 to Edmonds Community College, 4 February 
2005  
Workforce Investment Act of 1998, Pub. L. No. 105-220 (1998) 
 Statement of Work for Grant No. AN-14571-05-60 to Edmonds Community College, undated  35 U.S.C. §§ 200 et seq . 
 
48 C.F.R. §§ 27.300 et seq . 
 Memorandum to the Heads of Executi ve Departments and Agencies: G overnment Patent Policy, Pub. 
Papers 248 (18 February 1983)  
Executive Order 12591 (10 April 1987) 
 14 C.F.R. §§ 1274.911 – 1274.914  48 C.F.R. §§ 1827.301 et seq . 
 
48 C.F.R. §§ 227.303 et seq . 
 48 C.F.R. §§ 227.7100 et seq . 
 Contract No. NAS1-20267 
 
19 C.F.R. § 351.524(b) (1998)   NASA Langley Research Center, High-Speed Research Program: Technology Transfer Control Handbook (April 1998) 
 
National Research Council, Committee on High  Speed Research, US Supersonic Commercial 
Aircraft: Assessing NASA's High Speed Research Program (1997)   James Schultz, "HSR Leaves Legacy of Sp inoffs," Aerospace America, September 1999 
 
United States notification to the WTO Committe e on Subsidies and Coun tervailing Measures, 
G/SCM/N/3/USA/Suppl.1 (19 November 1998)   United States Updating and New and Full Notification to the WTO Committee on Subsidies and Countervailing Measures, G/SCM/N/48/USA (2 July 2002) 
 
Aviation Systems Analysis Capability, Executiv e Assistant Development, NASA/CR-1999-209119, 
Logistics Management Institute, March 1999  WT/DS317/1/Add.1 
G/L/698/Add.1 G/SCM/D63/1/Add.1 
Page 18 
  
 Testimony to the Subcommittee on Technology, Environment, and Aviation of the US House of 
Representatives, 10 February 1994, Federa l Document Clearing House, 1994 WL 214062 
 
Advanced Subsonic Technology Program, Technol ogy Transfer Control Handbook (August 1998) 
 Federal News Service, Hearing of the Science,  Technology and Space Subcommittee of the Senate 
Commerce, Science and Transportation Committee, 24 April 1997  
Flight International, 11 August 1999  
 NASA HPCC, Status of Ames Sponsored  HPCC NASA Research Announcements 
 NASA HPCC, Computational Aerospace Sciences ("CAS") Project Description 
 
NASA HPCC, Computational Aerospace Sciences NASA HPCC 1999 Brochure  NASA HPCC, Mission Description  NASA Budget Estimates for FY 1993-FY 2003, NASA  Mission Support, Research and Program 
Management 
 NASA News, Boeing Names New Airplane Wing Composites Development Center   35 U.S.C. §§ 154, 271  
 
NASA Property Rights in Inventions, 42 U.S.C. §§ 2457 et seq . 
 NASA Patent Waiver Regulations, 14 C.F.R. §§ 1245 et seq . 
 Evidence from Patents and Patent Citations on th e Impact of NASA and other Federal Labs on 
Commercial Innovation, National Bureau of Economic Research (May 1997) 
 General Information Concerning Patents, published by USPTO 
 Sylvia K. Kraemer, NASA's Director of Policy De velopment Office of Policy and Plans, Monopolies, 
and the Cold War:  The Origins and Con sequences of NASA Patent Policy, 1958-1998 
(October 1999)   NASA Office of Policy and Plans, Valu e of Patent Rights Waived by NASA 
 US Patent No. 6,497,389 
 
US Patent No. 6,126,110  US Patent No. 6,053,050  
US Patent No. 6,014,606 
 US Patent No. 5,971,252  US Patent No. 6,138,895  WT/DS317/1/Add.1 
 G/L/698/Add.1 
 G/SCM/D63/1/Add.1 
 Page 19 
  
  
US Patent No. 5,953,231  
US Patent No. 5,931,107 
 US Patent No. 5,902,535  US Patent No. 5,242,523 
 
US Patent No. 5,893, 535  US Patent No. 5,909,858  
US Patent No. 5,899,413 
 US Patent No. 5,740,984  US Patent No. 5,681,013  
Independent Research and Development and Bid a nd Proposal Costs: Payments to Contractors, 
10 U.S.C. § 2372  Independent Research and Development and Bi d and Proposal Cost Federal Acquisition Rule, 
48 C.F.R. § 31.205-18 
 
Independent Research and Development and Bi d and Proposal Cost Defense Acquisition Rule, 
48 C.F.R. § 231.205-18   Department of Defense Directive Regarding IR&D Number 3204.1 (10 May 1999)  
Internal Revenue Service National Office T echnical Advice Memorandum, Private Ruling 8633004 
(unpublished), 1986 PLR LEXIS 2296 (9 May 1986)  Defense Contract Audit Agency Contract Audit Manual, DCAAM 7640.1, January 2001  
DOD Independent Research & Development, Program Report (May 2002) 
 Assessing the Impact of Regulatory and Legislative Changes to the Independent Research and Development Program, Prepared for Office of the Director, Defense Research & Engineering Acquisition and Technolog y, DOD (14 March 1997) 
 
Michael E. Davey & Dahlia Stein, Congressiona l Research Service Report for Congress: DOD's 
Independent Research and Development Pr ogram: Changes and Issues (17 December 1993) 
 10 U.S.C. § 2324(l)(1) (version in effect from FY 1995-FY 2001)  
10 U.S.C. § 2306a (version in effect FY 1991-FY 1992) 
 10 U.S.C. § 2324(m)  48 C.F.R. § 16.301-3(a)(1) WT/DS317/1/Add.1 
G/L/698/Add.1 G/SCM/D63/1/Add.1 
Page 20 
  
  
48 C.F.R. § 12.207  
48 C.F.R. §§ 37.602-4, et seq . 
 48 C.F.R. § 36.207(a)  48 C.F.R. § 216.104-70(b)(2), (c), (d)(2) 
 
48 C.F.R. § 235.006(b)(i)   48 C.F.R. § 35.006(c)  
Defense Contract Audit Agency, Independent Resear ch and Development and Bid and Proposal Costs 
Incurred by Major Defense Contractors (Multiple  Reports for Fiscal Years 1989 through 2004) 
 GSA Contract Database  Congressional Office of Technology Assessment, Competing Economies: Government Support of 
Large Civil Aircraft Industries of Japan, Europe and the United States (Washington, 1991) 
 
Dual Use Technology 1995 Report  BC-17X Background Information   
US Department of Defense News Release: Technology Reinvestment Project Announces FY 
94 Selections, 25 October 1994  Commerce Business Daily, "Technology Reinv estment Project Program Announcement," 
21 October 1994  
Anne Kellogg, "Clinton Administration to Diversify Defense Under Attack," The Hartford Courant, 
11 May 1996, p. A9  Richard Burnett, "Defense Conversion Faces Own War; The Program Has Come Under Attack by 
Congress as Lawmakers Search for Prime Budget Cuts ," Orlando Sentinel, 15 October 1995, p. H1 
 
Potomac Institute for Policy Studies, A Revi ew of the Technology Reinvestment Project, 
30 January 1999   National Defense Authorization Act for Fiscal Year 1997, 10 U.S.C. § 2511  
Defense Acquisition Reform: Hearing before the Su bcommittee on Acquisition and Technology of the 
Senate Committee on Armed Services, 105th Congress,  19 March 1997 (Statement of Hon. Paul 
G. Kaminski, Under Secretary of De fense for Acquisition and Technology) 
 Dual Use Science and Technology Program Web Site, at Fact Sheet hyperlink 
 
FY02 Air Force Dual Use Science & Technology Annual Competition: Updated FY 02 Solicitation 
Schedule   WT/DS317/1/Add.1 
 G/L/698/Add.1 
 G/SCM/D63/1/Add.1 
 Page 21 
  
 Department of Defense, Report to Congress on the Activities of the DOD Office of Technology 
Transition, January 1998  
Department of Defense, Dual Use Scien ce & Technology Report to Congress, March 1999, 
Appendix C  DOD Research & Development Contrac ting Definitions, 48 C.F.R. § 235 
 
Omnibus Trade and Competitiveness Ac t of 1988, Pub. L. No. 100-418,  codified at 15 U.S.C. § 278n 
 American Technology Preeminence Act of 1991, Pub. L. No. 102-245  National Institute of Standards & Tec hnology Rules, 15 C.F.R. §§ 295.1 et seq . 
 
NISTIR-6099, Connie K.N. Chang, ATP Eligibility Cr iteria for US Subsidiaries of Foreign-owned 
Companies: Legislation, Implementation and Results, Chapter 1  NISTIR-5896, Rosalie Ruegg, Guidelines For Pr oposing Economic Evaluation Studies to The 
Advanced Technology Program (ATP), Chapter 1.4 
 
Slides by Marc G. Stanley, Acting Director of  ATP (ATP Awards to Date by Technology Area 
(1990-2001))  US Secretary of Commerce, A Progress Report on the Impacts of an Industry-Government 
Technology Partnership 
 NISTIR-6491, Jeanne W. Powell and Karen L. Le llock, Development, Commercialization, and 
Diffusion of Enabling Technologies: Progress Report (2000)  Slides About the ATP Proposers' Conference (1999) 
 
Replies to Questions Posed by Chile, the Europ ean Community, Mexico and Poland Regarding the 
New and Full Notification of the United States, G/SCM/Q2/USA/20 (7 April 1999)  NIST Overview of the Advanced Technology Program 
 
Statements of US Senators Danforth and Holli ngs Regarding ATP Program, 140 Cong. Rec. S2851 
(11 March 1994), Cong. Rec. S2763 (10 March 1994)  Historical Statistics on Awards/Winners (1990 – 5 September 2002)  
ATP Project Briefs, Projects 93-01-0089 (CVD Diamond-Coated Rotating Tools for Machining 
Advanced Composite Materials), 95-12-0024 (An Agen t-Based Framework for Integrated Intelligent 
Planning – Execution), 95-01-0108 (Precision Optoelectronics Assembly), 91-01-0267 (PREAMP – Pre-competitive Advanced Manufacturing of Elect rical Products), 97-05-0020 (EECOMS: Extended 
Enterprise Coalition for Integrated Collaborativ e Manufacturing Systems), and 98-01-0168 (Hot 
Metal Gas Forming) 
 Sections 921-927 of the Internal Revenue Code  (prior to repeal) and related measures  
 FSC Repeal and Extraterritorial Income Exclusion Act of 2000, Pub. L. No. 106-519 WT/DS317/1/Add.1 
G/L/698/Add.1 G/SCM/D63/1/Add.1 
Page 22 
  
  
American Jobs Creation Act of 2004, Pub. L. No. 108-357 
 
(b) Serious Prejudice to the Interests of the European Communities  
The European Communities has voluminous evidence that the subsidies granted to the US LCA 
industry have caused and continue to cause adver se effects through significant price suppression or 
depression of prices of LCA worldwide, significant price undercutting and significant lost sales by the 
Community industry in the market for LCA. 
 The evidence available includ es the following materials: 
 Information regarding Airbus products, including at  http://www.airbus.com/en/aircraftfamilies/ and 
http://www.boeing.com/commercial/flash.html
, and related links and company information 
 Airbus and Boeing documents describing aircraft in terms of range and seats  
Boeing pricing, order and delivery data, including at http://www.boeing.com/commercial/prices/
 and 
http://active.boeing.com/commercial/o rders/userdefinedselection.cfm 
 Airbus order and delivery data, including at http://www.airbus.com/en/corporate/orders_and_deliv eries/ (and in internal business confidential 
sources) 
 Airbus marketing material analysing the competiti ve relationship between the various Airbus and 
Boeing products  
Airclaims, Client Aviation System Inquiry data (paid access database) 
 Boeing Current Market Outlook, various editions (including at http://www.boeing.com/commercial/cmo/index.shtml)  
Airbus Global Market Forecast, various editions (including at 
http://www.airbus.com/store/mm_repository/pdf /att00003033/media_object_file_GMF2004_full_issu
e.pdf)  "Bouncing Boeing," The Economist, 13 June 1998  
"Airbus Eclipses Boeing, Sets Order Book R ecord," Aviation Week and Space Technology, 
10 January 2000  "Boeing increases base price for commercial aircraft  by 5 percent," Seattle Times, 10 July 1998 
 
Cumulative Deliveries for the Boeing 737 Family since 1974 
 "Airbus bets the company, " The Economist, 18 March 2000 
 "Boeing, Banking on a big bird," The Economist, 12 March 1994  
"Wall Street frets over Boeing," Airline Business, August 1998 
  WT/DS317/1/Add.1 
 G/L/698/Add.1 
 G/SCM/D63/1/Add.1 
 Page 23 
  
 "Just in time, not just in case; Boeing's push fo r production casts," Air Transport World, April 1994 
 "Boeing hit by 737 problems," Financial Times, 23 April 1998 
 
"Airbus, Boeing in costs dogfight," Financial Times, 12 July 1994  "USA: Strong gains expected from Boeing commerc ial unit," The Seattle Times, 14 January 2000 
 
"USA: Software City starts to find major bugs in reality," Independent, 5 December 1998 
 "USA: City – what's bugging Boeing," Sunday Telegraph, 6 September 1998 
 "USA: Boeing sold below cost, study sugg ests," The Seattle Times, 4 March 1999 
 
"Fearful Boeing," The Economist, 27 February 1999  "Boeing to Revive Plans for Larger Supe r Jumbo," Seattle Times, 9 September 1998 
 "Medium Residual Values of 747 Buoyed by A3 XX Delay," Aircraft Value News, 13 April 1998 
 
"A340-500/600 Nears Go-Ahead," Aviation W eek and Space Technology, 11 August 1997 
 "Too Big to Fly?," Washington Post, 4 May 1997  
Airbus press releases (including at http://www.airbus.com/en/presscentre/pressreleases/)  
 Boeing press releases (including at http://www.boeing.com/news/releases/archive2004.html
, and for 
earlier years included in website archives)  Press releases by Airbus and Boeing customers 
 
Commission Decision of 30 July 1997 declaring a c oncentration compatible with the common market 
and the functioning of the EEA Agreement, OJ L 336/16 (8 December 1997)  Moody's Investors Service, Global Aerosp ace/Defense – Industry Outlook January 2002 
 
Society General, Aerospace and De fense Industry Report, June 2002 
 Aircraft Value News, various editions  Aviation Week & Space Technology, various editions 
 
Air Transport World, various editions  Airline Business, various editions  
Citigroup Smith Barney, Boeing analyst reports 
 Credit Suisse First Boston, Boeing analyst reports  JP Morgan, Boeing analyst reports WT/DS317/1/Add.1 
G/L/698/Add.1 G/SCM/D63/1/Add.1 
Page 24 
  
  
Wachovia Securities, Boeing analyst reports  
Society of British Aerospace Companies, Has the Business model for commercial aviation changed 
permanently post September 11
th? 
 US International Trade Commission, Investigati on No. 332-414, Publication 3433, June 2001 
 
US Department of Commerce, International Trade Administration, "The US Jet Industry: 
Competition, Regulation, and Global Market Factors Affecting US Producers," March 2005 
 Statement by Airbus that it has also gathered s ubstantial evidence of a business confidential nature 
(e.g., internal memoranda, communications to and from actual and potential airline and leasing 
company customers, and internal analyses of camp aigns), which confirms the existence of injury, 
market displacement or impediment, price s uppression, depression and undercutting as well as lost 
sales   
__________