Agreement on

Government
Procurement 2012
and related WTO legal texts
Cover photo: South building of the Centre William Rappard,
WTO headquarters. Dhinaut 2014©OMC. This new WTO building
(inaugurated in 2013) is an example of green and sustainable building.
It is MINERGIE P certified, a high level designation for buildings in
Switzerland. The image reflects the fact that the GPA 2012 contains a
new provision (Art. X:6) providing greater certainty over the possibility
of using "technical specifications to promote the conservation of
natural resources or protect the environment". The image also reflects
the fact that the Committee on Government Procurement launched a
specific work programme on sustainable procurement in 2014.
TABLE OF CONTENT

AGREEMENT ON GOVERNMENT PROCUREMENT, AS AMENDED

ON 30 MARCH 2012 (GPA 2012) 8
PROTOCOL AMENDING THE AGREEMENT ON GOVERNMENT
PROCUREMENT 9
Preamble 9
Article I Definitions 10
Article II Scope and Coverage 12
Application of Agreement 12
Valuation 15
Article III Security and General Exceptions 16
Article IV General Principles 17
Non-Discrimination 17
Use of Electronic Means 17
Conduct of Procurement 18
Rules of Origin 18
Offsets 18
Measures Not Specific to Procurement 18
Article V Developing Countries 19
Article VI Information on the Procurement System 21
Article VII Notices 22
Notice of Intended Procurement 22
Summary Notice 24
Notice of Planned Procurement 24
Article VIII Conditions for Participation 25
Article IX Qualification of Suppliers 26
Registration Systems and Qualification Procedures 26
Selective Tendering 27
Multi-Use Lists 27
Annex 2 and Annex 3 Entities 29
Information on Procuring Entity Decisions 29
Article X Technical Specifications and Tender Documentation 30
Technical Specifications 30
Tender Documentation 31
Modifications 32

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 Article XI Time-Periods 33
General 33
Deadlines 33
Article XII Negotiation 36
Article XIII Limited Tendering 36
Article XIV Electronic Auctions 38
Article XV Treatment of Tenders and Awarding of Contracts 39
Treatment of Tenders 39
Awarding of Contracts 39
Article XVI Transparency of Procurement Information 40
Information Provided to Suppliers 40
Publication of Award Information 40
Maintenance of Documentation, Reports and Electronic Traceability 41
Collection and Reporting of Statistics 41
Article XVII Disclosure of Information 42
Provision of Information to Parties 42
Non-Disclosure of Information 42
Article XVIII Domestic Review Procedures 43
Article XIX Modifications and Rectifications to Coverage 45
Notification of Proposed Modification 45
Objection to Notification 46
Consultations 46
Revised Modification 46
Implementation of Modifications 47
Withdrawal of Substantially Equivalent Coverage 47
Arbitration Procedures to Facilitate Resolution of Objections 47
Committee Responsibilities 49
Article XX Consultations and Dispute Settlement 49
Article XXI Institutions 50
Committee on Government Procurement 50
Observers 51

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 Article XXII Final Provisions 51
Acceptance and Entry into Force 51
Accession 51
Reservations 51
Domestic Legislation 52
Future Negotiations and Future Work Programmes 52
Amendments 53
Withdrawal 54
Non-application of this Agreement between Particular Parties 54
Appendices 54
Secretariat 54
Deposit 54
Registration 54

DECISIONS AND OTHER DOCUMENTS OF THE WTO COMMITTEE ON

GOVERNMENT PROCUREMENT 56

1. DECISIONS ON PROCEDURAL MATTERS UNDER THE AGREEMENT ON

GOVERNMENT PROCUREMENT (1994) 57
Participation of Observers in the Committee on Government Procurement (1994) 57
Modalities for Notifying Threshold Figures In National Currencies 59

2. INDICATIVE TIME-FRAME FOR ACCESSION NEGOTIATIONS AND REPORTING

ON THE PROGRESS OF WORK 61

3. CHECKLIST OF ISSUES FOR PROVISION OF INFORMATION RELATING TO

ACCESSION TO THE REVISED AGREEMENT ON GOVERNMENT PROCUREMENT 67
Legal Framework 68
Scope and Coverage 68
Non-Discrimination 69
Avoidance of Conflicts of Interest and Prevention of Corrupt Practices 70
Elements Specific to Procurement Procedures 70
Information 71
Domestic Review Procedures 73
Other Matters 74

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4. DECISION ON NOTIFICATION REQUIREMENTS UNDER ARTICLES XIX AND
XXII OF THE AGREEMENT 75

5. DECISION ON ADOPTION OF WORK PROGRAMMES 78

6. DECISION ON A WORK PROGRAMME ON SMES 79

7. DECISION ON A WORK PROGRAMME ON THE COLLECTION AND REPORTING

OF STATISTICAL DATA 83

8. DECISION ON A WORK PROGRAMME ON SUSTAINABLE PROCUREMENT 86

9. DECISION ON A WORK PROGRAMME ON EXCLUSIONS AND RESTRICTIONS

IN PARTIES’ ANNEXES 88

10. DECISION ON A WORK PROGRAMME ON SAFETY STANDARDS IN

INTERNATIONAL PROCUREMENT 91

11. DECISION ON ARBITRATION PROCEDURES PURSUANT TO ARTICLE XIX:8

OF THE REVISED GPA 93
Invocation of Arbitration Procedures 93
Appointment of the Arbitrators 94
Third Party Participation 94
Procedures 95
Arbitrators' Determination 97
Implementation 98
Annex - Proposed timetable for arbitration 99

12. RULES OF PROCEDURE FOR THE SELECTION OF THE CHAIRPERSON OF

THE WTO COMMITTEE ON GOVERNMENT PROCUREMENT (THE "COMMITTEE") 100

OTHER RELEVANT WTO AGREEMENTS 102

1. MARRAKESH AGREEMENT ESTABLISHING THE WORLD TRADE ORGANIZATION 103

2. GENERAL AGREEMENT ON TARIFFS AND TRADE (GATT 1994) 106

Article I 106

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 General Most-Favoured-Nation Treatment 106
Article III 107
National Treatment on Internal Taxation and Regulation 107
Article XVII 110
State Trading Enterprises 110

3. AGREEMENT ON AGRICULTURE 112

Annex 2: Domestic Support: the Basis for Exemption from the Reduction
Commitments 112

4. AGREEMENT ON TECHNICAL BARRIERS TO TRADE 113

Article I: General Provisions 113

5. GENERAL AGREEMENT ON TRADE IN SERVICES 114

Article II: Most-Favoured-Nation Treatment 114
Article XIII: Government Procurement 114
Article XVI: Market Access 115
Article XVII: National Treatment 116

6. AGREEMENT ON TRADE IN CIVIL AIRCRAFT 117

Article 4 117
Government-Directed Procurement, Mandatory Sub-Contracts and Inducements 117

7. UNDERSTANDING ON RULES AND PROCEDURES GOVERNING

THE SETTLEMENT OF DISPUTES (DSU) 118
Article 1: Coverage and Application 118
Article 2: Administration 119
Article 22: Compensation and the Suspension of Concessions 119
Appendix 1: Agreements covered by the Understanding 122
Appendix 2 123
Special or additional rules and procedures contained in the covered agreements 123

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RELEVANT DECISIONS AND OTHER DOCUMENTS OF OTHER WTO
COMMITTEES 126

1. MINISTERIAL DECISION ON ACCESSION TO THE AGREEMENT ON

GOVERNMENT PROCUREMENT 127

2. MINISTERIAL DECISION ON PUBLIC STOCKHOLDING FOR FOOD SECURITY

PURPOSES 129

3. MINISTERIAL DECISION ON WORLD FOOD PROGRAMME FOOD PURCHASES

EXEMPTION FROM EXPORT PROHIBITIONS OR RESTRICTIONS 131

4. GENERAL COUNCIL DECISION ON ACCESSION OF LEAST-DEVELOPED

COUNTRIES 132

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7
GPA

AGREEMENT ON GOVERNMENT
PROCUREMENT, AS AMENDED ON
30 MARCH 2012 (GPA 2012)

8
 GPA
PROTOCOL AMENDING THE AGREEMENT ON GOVERNMENT
PROCUREMENT*
Preamble

The Parties to this Agreement (hereinafter referred to as "the

Parties"),

Recognizing the need for an effective multilateral framework for

government procurement, with a view to achieving greater liberalization
and expansion of, and improving the framework for, the conduct of
international trade;

Recognizing that measures regarding government procurement

should not be prepared, adopted or applied so as to afford protection to
domestic suppliers, goods or services, or to discriminate among foreign
suppliers, goods or services;

Recognizing that the integrity and predictability of government

procurement systems are integral to the efficient and effective
management of public resources, the performance of the Parties'
economies and the functioning of the multilateral trading system;

Recognizing that the procedural commitments under this

Agreement should be sufficiently flexible to accommodate the specific
circumstances of each Party;

Recognizing the need to take into account the development, financial

and trade needs of developing countries, in particular the least developed
countries;

Recognizing the importance of transparent measures regarding

government procurement, of carrying out procurements in a transparent
and impartial manner and of avoiding conflicts of interest and corrupt
practices, in accordance with applicable international instruments, such
as the United Nations Convention Against Corruption;

Recognizing the importance of using, and encouraging the use of,

electronic means for procurement covered by this Agreement;

*
Document GPA/113, page 7.
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GPA

Desiring to encourage acceptance of and accession to this

Agreement by WTO Members not party to it;

Hereby agree as follows:

Article I Definitions

For purposes of this Agreement:

(a) commercial goods or services means goods or services of a type

generally sold or offered for sale in the commercial marketplace
to, and customarily purchased by, non‑governmental buyers for
non-governmental purposes;

(b) Committee means the Committee on Government Procurement

established by Article XXI:1;

(c) construction service means a service that has as its objective the
realization by whatever means of civil or building works, based
on Division 51 of the United Nations Provisional Central Product
Classification (CPC);

(d) country includes any separate customs territory that is a Party to

this Agreement. In the case of a separate customs territory that is
a Party to this Agreement, where an expression in this Agreement
is qualified by the term "national", such expression shall be read
as pertaining to that customs territory, unless otherwise specified;

(e) days means calendar days;

(f) electronic auction means an iterative process that involves the

use of electronic means for the presentation by suppliers of either
new prices, or new values for quantifiable non-price elements of
the tender related to the evaluation criteria, or both, resulting in a
ranking or re‑ranking of tenders;

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 GPA
(g) in writing or written means any worded or numbered expression
that can be read, reproduced and later communicated. It may
include electronically transmitted and stored information;

(h) limited tendering means a procurement method whereby the

procuring entity contacts a supplier or suppliers of its choice;

(i) measure means any law, regulation, procedure, administrative

guidance or practice, or any action of a procuring entity relating to
a covered procurement;

(j) multi-use list means a list of suppliers that a procuring entity has
determined satisfy the conditions for participation in that list, and
that the procuring entity intends to use more than once;

(k) notice of intended procurement means a notice published by a

procuring entity inviting interested suppliers to submit a request
for participation, a tender, or both;

(l) offset means any condition or undertaking that encourages

local development or improves a Party's balance-of-payments
accounts, such as the use of domestic content, the licensing
of technology, investment, counter‑trade and similar action or
requirement;

(m) open tendering means a procurement method whereby all

interested suppliers may submit a tender;

(n) person means a natural person or a juridical person;

(o) procuring entity means an entity covered under a Party's

Annex 1, 2 or 3 to Appendix I;

(p) qualified supplier means a supplier that a procuring entity

recognizes as having satisfied the conditions for participation;

(q) selective tendering means a procurement method whereby only

qualified suppliers are invited by the procuring entity to submit a
tender;

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GPA

(r) services includes construction services, unless otherwise

specified;

(s) standard means a document approved by a recognized body

that provides for common and repeated use, rules, guidelines or
characteristics for goods or services, or related processes and
production methods, with which compliance is not mandatory. It
may also include or deal exclusively with terminology, symbols,
packaging, marking or labelling requirements as they apply to a
good, service, process or production method;

(t) supplier means a person or group of persons that provides or

could provide goods or services; and

(u) technical specification means a tendering requirement that:

i. lays down the characteristics of goods or services to

be procured, including quality, performance, safety and
dimensions, or the processes and methods for their
production or provision; or

ii. addresses terminology, symbols, packaging, marking or

labelling requirements, as they apply to a good or service.

Article II Scope and Coverage

Application of Agreement

1. This Agreement applies to any measure regarding covered

procurement, whether or not it is conducted exclusively or partially by
electronic means.

2. For the purposes of this Agreement, covered procurement means

procurement for governmental purposes:

(a) of goods, services, or any combination thereof:

(i). as specified in each Party's annexes to Appendix I; and

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 GPA
(ii). not procured with a view to commercial sale or resale, or
for use in the production or supply of goods or services for
commercial sale or resale;

(b) by any contractual means, including: purchase; lease; and rental

or hire purchase, with or without an option to buy;

(c) for which the value, as estimated in accordance with paragraphs 6

through 8, equals or exceeds the relevant threshold specified in a
Party's annexes to Appendix I, at the time of publication of a notice
in accordance with Article VII;

(d) by a procuring entity; and

(e) that is not otherwise excluded from coverage in paragraph 3 or a

Party's annexes to Appendix I.

3. Except where provided otherwise in a Party's annexes to Appendix I,

this Agreement does not apply to:

(a) the acquisition or rental of land, existing buildings or other

immovable property or the rights thereon;

(b) non-contractual agreements or any form of assistance that a

Party provides, including cooperative agreements, grants, loans,
equity infusions, guarantees and fiscal incentives;

(c) the procurement or acquisition of fiscal agency or depository

services, liquidation and management services for regulated
financial institutions or services related to the sale, redemption
and distribution of public debt, including loans and government
bonds, notes and other securities;

(d) public employment contracts;

(e) procurement conducted:

(i). for the specific purpose of providing international assistance,

including development aid;

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GPA

(ii). under the particular procedure or condition of an international

agreement relating to the stationing of troops or relating
to the joint implementation by the signatory countries of a
project; or

(iii). under the particular procedure or condition of an international

organization, or funded by international grants, loans or other
assistance where the applicable procedure or condition would
be inconsistent with this Agreement.

4. Each Party shall specify the following information in its annexes to

Appendix I:

(a) in Annex 1, the central government entities whose procurement is

covered by this Agreement;

(b) in Annex 2, the sub-central government entities whose

procurement is covered by this Agreement;

(c) in Annex 3, all other entities whose procurement is covered by this

Agreement;

(d) in Annex 4, the goods covered by this Agreement;

(e) in Annex 5, the services, other than construction services, covered

by this Agreement;

(f) in Annex 6, the construction services covered by this Agreement;

and

(g) in Annex 7, any General Notes.

5. Where a procuring entity, in the context of covered procurement,

requires persons not covered under a Party's annexes to Appendix I to
procure in accordance with particular requirements, Article IV shall apply
mutatis mutandis to such requirements.

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 GPA
Valuation

6. In estimating the value of a procurement for the purpose of

ascertaining whether it is a covered procurement, a procuring entity
shall:

(a) neither divide a procurement into separate procurements nor

select or use a particular valuation method for estimating the
value of a procurement with the intention of totally or partially
excluding it from the application of this Agreement; and

(b) include the estimated maximum total value of the procurement

over its entire duration, whether awarded to one or more suppliers,
taking into account all forms of remuneration, including:

(i). premiums, fees, commissions and interest; and

(ii). where the procurement provides for the possibility of options,

the total value of such options.

7. Where an individual requirement for a procurement results in the

award of more than one contract, or in the award of contracts in separate
parts (hereinafter referred to as "recurring contracts"), the calculation of
the estimated maximum total value shall be based on:

(a) the value of recurring contracts of the same type of good or

service awarded during the preceding 12 months or the procuring
entity's preceding fiscal year, adjusted, where possible, to take
into account anticipated changes in the quantity or value of the
good or service being procured over the following 12 months; or

(b) the estimated value of recurring contracts of the same type of

good or service to be awarded during the 12 months following the
initial contract award or the procuring entity's fiscal year.

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GPA

8. In the case of procurement by lease, rental or hire purchase of goods

or services, or procurement for which a total price is not specified, the
basis for valuation shall be:

(a) in the case of a fixed-term contract:

(i). where the term of the contract is 12 months or less, the total
estimated maximum value for its duration; or

(ii). where the term of the contract exceeds 12 months, the total
estimated maximum value, including any estimated residual
value;

(b) where the contract is for an indefinite period, the estimated

monthly instalment multiplied by 48; and

(c) where it is not certain whether the contract is to be a fixed-term

contract, subparagraph (b) shall be used.

Article III Security and General Exceptions

1. Nothing in this Agreement shall be construed to prevent any

Party from taking any action or not disclosing any information that it
considers necessary for the protection of its essential security interests
relating to the procurement of arms, ammunition or war materials, or to
procurement indispensable for national security or for national defence
purposes.

2. Subject to the requirement that such measures are not applied

in a manner that would constitute a means of arbitrary or unjustifiable
discrimination between Parties where the same conditions prevail or a
disguised restriction on international trade, nothing in this Agreement
shall be construed to prevent any Party from imposing or enforcing
measures:

(a) necessary to protect public morals, order or safety;

(b) necessary to protect human, animal or plant life or health;

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 GPA
(c) necessary to protect intellectual property; or

(d) relating to goods or services of persons with disabilities,

philanthropic institutions or prison labour.

Article IV General Principles

Non-Discrimination

1. With respect to any measure regarding covered procurement, each

Party, including its procuring entities, shall accord immediately and
unconditionally to the goods and services of any other Party and to the
suppliers of any other Party offering the goods or services of any Party,
treatment no less favourable than the treatment the Party, including its
procuring entities, accords to:

(a) domestic goods, services and suppliers; and

(b) goods, services and suppliers of any other Party.

2. With respect to any measure regarding covered procurement, a Party,

including its procuring entities, shall not:

(a) treat a locally established supplier less favourably than another

locally established supplier on the basis of the degree of foreign
affiliation or ownership; or

(b) discriminate against a locally established supplier on the basis

that the goods or services offered by that supplier for a particular
procurement are goods or services of any other Party.

Use of Electronic Means

3. When conducting covered procurement by electronic means, a

procuring entity shall:

(a) ensure that the procurement is conducted using information

technology systems and software, including those related to

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GPA

authentication and encryption of information, that are generally

available and interoperable with other generally available
information technology systems and software; and

(b) maintain mechanisms that ensure the integrity of requests for

participation and tenders, including establishment of the time of
receipt and the prevention of inappropriate access.

Conduct of Procurement

4. A procuring entity shall conduct covered procurement in a

transparent and impartial manner that:

(a) is consistent with this Agreement, using methods such as open

tendering, selective tendering and limited tendering;

(b) avoids conflicts of interest; and

(c) prevents corrupt practices.

Rules of Origin

5. For purposes of covered procurement, a Party shall not apply rules of

origin to goods or services imported from or supplied from another Party
that are different from the rules of origin the Party applies at the same
time in the normal course of trade to imports or supplies of the same
goods or services from the same Party.

Offsets

6. With regard to covered procurement, a Party, including its procuring

entities, shall not seek, take account of, impose or enforce any offset.

Measures Not Specific to Procurement

7. Paragraphs 1 and 2 shall not apply to: customs duties and charges
of any kind imposed on, or in connection with, importation; the method of
levying such duties and charges; other import regulations or formalities
and measures affecting trade in services other than measures governing
covered procurement.

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 GPA
Article V Developing Countries

1. In negotiations on accession to, and in the implementation and

administration of, this Agreement, the Parties shall give special
consideration to the development, financial and trade needs and
circumstances of developing countries and least developed countries
(collectively referred to hereinafter as "developing countries", unless
specifically identified otherwise), recognizing that these may differ
significantly from country to country. As provided for in this Article and on
request, the Parties shall accord special and differential treatment to:

(a) least developed countries; and

(b) any other developing country, where and to the extent that this
special and differential treatment meets its development needs.

2. Upon accession by a developing country to this Agreement, each

Party shall provide immediately to the goods, services and suppliers of
that country the most favourable coverage that the Party provides under
its annexes to Appendix I to any other Party to this Agreement, subject
to any terms negotiated between the Party and the developing country
in order to maintain an appropriate balance of opportunities under this
Agreement.

3. Based on its development needs, and with the agreement of the

Parties, a developing country may adopt or maintain one or more of
the following transitional measures, during a transition period and in
accordance with a schedule, set out in its relevant annexes to Appendix I,
and applied in a manner that does not discriminate among the other
Parties:

(a) a price preference programme, provided that the programme:

(i). provides a preference only for the part of the tender

incorporating goods or services originating in the developing
country applying the preference or goods or services
originating in other developing countries in respect of which
the developing country applying the preference has an
obligation to provide national treatment under a preferential

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GPA

agreement, provided that where the other developing country

is a Party to this Agreement, such treatment would be subject
to any conditions set by the Committee; and

(ii). is transparent, and the preference and its application in the

procurement are clearly described in the notice of intended
procurement;

(b) an offset, provided that any requirement for, or consideration

of, the imposition of the offset is clearly stated in the notice of
intended procurement;

(c) the phased-in addition of specific entities or sectors; and

(d) a threshold that is higher than its permanent threshold.

4. In negotiations on accession to this Agreement, the Parties may

agree to the delayed application of any specific obligation in this
Agreement, other than Article IV:1(b), by the acceding developing country
while that country implements the obligation. The implementation period
shall be:

(a) for a least developed country, five years after its accession to this
Agreement; and

(b) for any other developing country, only the period necessary to
implement the specific obligation and not to exceed three years.

5. Any developing country that has negotiated an implementation

period for an obligation under paragraph 4 shall list in its Annex 7 to
Appendix I the agreed implementation period, the specific obligation
subject to the implementation period and any interim obligation with
which it has agreed to comply during the implementation period.

6. After this Agreement has entered into force for a developing country,
the Committee, on request of the developing country, may:

(a) extend the transition period for a measure adopted or maintained

under paragraph 3 or any implementation period negotiated under
paragraph 4; or

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 GPA
(b) approve the adoption of a new transitional measure under
paragraph 3, in special circumstances that were unforeseen
during the accession process.

7. A developing country that has negotiated a transitional measure

under paragraph 3 or 6, an implementation period under paragraph 4
or any extension under paragraph 6 shall take such steps during the
transition period or implementation period as may be necessary to
ensure that it is in compliance with this Agreement at the end of any such
period. The developing country shall promptly notify the Committee of
each step.

8. The Parties shall give due consideration to any request by a

developing country for technical cooperation and capacity building
in relation to that country's accession to, or implementation of, this
Agreement.

9. The Committee may develop procedures for the implementation

of this Article. Such procedures may include provisions for voting on
decisions relating to requests under paragraph 6.

10. The Committee shall review the operation and effectiveness of this
Article every five years.

Article VI Information on the Procurement System

1. Each Party shall:

(a) promptly publish any law, regulation, judicial decision,

administrative ruling of general application, standard contract
clause mandated by law or regulation and incorporated by
reference in notices or tender documentation and procedure
regarding covered procurement, and any modifications thereof, in
an officially designated electronic or paper medium that is widely
disseminated and remains readily accessible to the public; and

(b) provide an explanation thereof to any Party, on request.

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GPA

2. Each Party shall list:

(a) in Appendix II, the electronic or paper media in which the Party
publishes the information described in paragraph 1;

(b) in Appendix III, the electronic or paper media in which the Party
publishes the notices required by Articles VII, IX:7 and XVI:2; and

(c) in Appendix IV, the website address or addresses where the Party
publishes:

(i). its procurement statistics pursuant to Article XVI:5; or

(ii). its notices concerning awarded contracts pursuant to

Article XVI:6.

3. Each Party shall promptly notify the Committee of any modification

to the Party's information listed in Appendix II, III or IV.

Article VII Notices

Notice of Intended Procurement

1. For each covered procurement, a procuring entity shall publish a

notice of intended procurement in the appropriate paper or electronic
medium listed in Appendix III, except in the circumstances described in
Article XIII. Such medium shall be widely disseminated and such notices
shall remain readily accessible to the public, at least until expiration of
the time-period indicated in the notice. The notices shall:

(a) for procuring entities covered under Annex 1, be accessible by

electronic means free of charge through a single point of access,
for at least any minimum period of time specified in Appendix III;
and

(b) for procuring entities covered under Annex 2 or 3, where

accessible by electronic means, be provided, at least, through
links in a gateway electronic site that is accessible free of charge.

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 GPA
Parties, including their procuring entities covered under Annex 2 or 3, are
encouraged to publish their notices by electronic means free of charge
through a single point of access.

2. Except as otherwise provided in this Agreement, each notice of

intended procurement shall include:

(a) the name and address of the procuring entity and other
information necessary to contact the procuring entity and obtain
all relevant documents relating to the procurement, and their cost
and terms of payment, if any;

(b) a description of the procurement, including the nature and the

quantity of the goods or services to be procured or, where the
quantity is not known, the estimated quantity;

(c) for recurring contracts, an estimate, if possible, of the timing of

subsequent notices of intended procurement;

(d) a description of any options;

(e) the time-frame for delivery of goods or services or the duration of

the contract;

(f) the procurement method that will be used and whether it will
involve negotiation or electronic auction;

(g) where applicable, the address and any final date for the
submission of requests for participation in the procurement;

(h) the address and the final date for the submission of tenders;

(i) the language or languages in which tenders or requests for

participation may be submitted, if they may be submitted in
a language other than an official language of the Party of the
procuring entity;

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GPA

(j) a list and brief description of any conditions for participation of

suppliers, including any requirements for specific documents or
certifications to be provided by suppliers in connection therewith,
unless such requirements are included in tender documentation
that is made available to all interested suppliers at the same time
as the notice of intended procurement;

(k) where, pursuant to Article IX, a procuring entity intends to select

a limited number of qualified suppliers to be invited to tender, the
criteria that will be used to select them and, where applicable,
any limitation on the number of suppliers that will be permitted to
tender; and

(l) an indication that the procurement is covered by this Agreement.

Summary Notice

3. For each case of intended procurement, a procuring entity shall

publish a summary notice that is readily accessible, at the same time
as the publication of the notice of intended procurement, in one of the
WTO languages. The summary notice shall contain at least the following
information:

(a) the subject-matter of the procurement;

(b) the final date for the submission of tenders or, where applicable,
any final date for the submission of requests for participation in
the procurement or for inclusion on a multi-use list; and

(c) the address from which documents relating to the procurement

may be requested.

Notice of Planned Procurement

4. Procuring entities are encouraged to publish in the appropriate paper

or electronic medium listed in Appendix III as early as possible in each
fiscal year a notice regarding their future procurement plans (hereinafter
referred to as "notice of planned procurement"). The notice of planned
procurement should include the subject-matter of the procurement

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 GPA
and the planned date of the publication of the notice of intended
procurement.

5. A procuring entity covered under Annex 2 or 3 may use a notice of

planned procurement as a notice of intended procurement provided
that the notice of planned procurement includes as much of the
information referred to in paragraph 2 as is available to the entity and a
statement that interested suppliers should express their interest in the
procurement to the procuring entity.

Article VIII Conditions for Participation

1. A procuring entity shall limit any conditions for participation in a

procurement to those that are essential to ensure that a supplier has the
legal and financial capacities and the commercial and technical abilities
to undertake the relevant procurement.

2. In establishing the conditions for participation, a procuring entity:

(a) shall not impose the condition that, in order for a supplier to
participate in a procurement, the supplier has previously been
awarded one or more contracts by a procuring entity of a given
Party; and

(b) may require relevant prior experience where essential to meet the
requirements of the procurement.

3. In assessing whether a supplier satisfies the conditions for

participation, a procuring entity:

(a) shall evaluate the financial capacity and the commercial and
technical abilities of a supplier on the basis of that supplier's
business activities both inside and outside the territory of the
Party of the procuring entity; and

(b) shall base its evaluation on the conditions that the procuring
entity has specified in advance in notices or tender documentation.

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GPA

4. Where there is supporting evidence, a Party, including its procuring

entities, may exclude a supplier on grounds such as:

(a) bankruptcy;

(b) false declarations;

(c) significant or persistent deficiencies in performance of any

substantive requirement or obligation under a prior contract or
contracts;

(d) final judgments in respect of serious crimes or other serious

offences;

(e) professional misconduct or acts or omissions that adversely

reflect on the commercial integrity of the supplier; or

(f) failure to pay taxes.

Article IX Qualification of Suppliers

Registration Systems and Qualification Procedures

1. A Party, including its procuring entities, may maintain a supplier

registration system under which interested suppliers are required to
register and provide certain information.

2. Each Party shall ensure that:

(a) its procuring entities make efforts to minimize differences in their

qualification procedures; and

(b) where its procuring entities maintain registration systems, the

entities make efforts to minimize differences in their registration
systems.

3. A Party, including its procuring entities, shall not adopt or apply any
registration system or qualification procedure with the purpose or the
effect of creating unnecessary obstacles to the participation of suppliers
of another Party in its procurement.

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 GPA
Selective Tendering

4. Where a procuring entity intends to use selective tendering, the entity

shall:

(a) include in the notice of intended procurement at least the

information specified in Article VII:2(a), (b), (f), (g), (j), (k) and (l) and
invite suppliers to submit a request for participation; and

(b) provide, by the commencement of the time-period for tendering,

at least the information in Article VII:2 (c), (d), (e), (h) and (i) to the
qualified suppliers that it notifies as specified in Article XI:3(b).

5. A procuring entity shall allow all qualified suppliers to participate in a

particular procurement, unless the procuring entity states in the notice of
intended procurement any limitation on the number of suppliers that will
be permitted to tender and the criteria for selecting the limited number of
suppliers.

6. Where the tender documentation is not made publicly available

from the date of publication of the notice referred to in paragraph 4, a
procuring entity shall ensure that those documents are made available at
the same time to all the qualified suppliers selected in accordance with
paragraph 5.

Multi-Use Lists

7. A procuring entity may maintain a multi-use list of suppliers,

provided that a notice inviting interested suppliers to apply for inclusion
on the list is:

(a) published annually; and

(b) where published by electronic means, made available

continuously,

in the appropriate medium listed in Appendix III.

8. The notice provided for in paragraph 7 shall include:

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GPA

(a) a description of the goods or services, or categories thereof, for

which the list may be used;

(b) the conditions for participation to be satisfied by suppliers for

inclusion on the list and the methods that the procuring entity will
use to verify that a supplier satisfies the conditions;

(c) the name and address of the procuring entity and other
information necessary to contact the entity and obtain all relevant
documents relating to the list;

(d) the period of validity of the list and the means for its renewal or
termination, or where the period of validity is not provided, an
indication of the method by which notice will be given of the
termination of use of the list; and

(e) an indication that the list may be used for procurement covered by
this Agreement.

9. Notwithstanding paragraph 7, where a multi-use list will be valid for

three years or less, a procuring entity may publish the notice referred to
in paragraph 7 only once, at the beginning of the period of validity of the
list, provided that the notice:

(a) states the period of validity and that further notices will not be
published; and

(b) is published by electronic means and is made available

continuously during the period of its validity.

10. A procuring entity shall allow suppliers to apply at any time for
inclusion on a multi-use list and shall include on the list all qualified
suppliers within a reasonably short time.

11. Where a supplier that is not included on a multi-use list submits

a request for participation in a procurement based on a multi-use list
and all required documents, within the time‑period provided for in
Article XI:2, a procuring entity shall examine the request. The procuring
entity shall not exclude the supplier from consideration in respect of
the procurement on the grounds that the entity has insufficient time to
examine the request, unless, in exceptional cases, due to the complexity

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of the procurement, the entity is not able to complete the examination of
the request within the time‑period allowed for the submission of tenders.

Annex 2 and Annex 3 Entities

12. A procuring entity covered under Annex 2 or 3 may use a notice

inviting suppliers to apply for inclusion on a multi-use list as a notice of
intended procurement, provided that:

(a) the notice is published in accordance with paragraph 7 and

includes the information are required under paragraph 8, as much
of the information required under Article VII:2 as is available and
a statement that it constitutes a notice of intended procurement
or that only the suppliers on the multi‑use list will receive further
notices of procurement covered by the multi-use list; and

(b) the entity promptly provides to suppliers that have expressed an

interest in a given procurement to the entity, sufficient information
to permit them to assess their interest in the procurement,
including all remaining information required in Article VII:2, to the
extent such information is available.

13. A procuring entity covered under Annex 2 or 3 may allow a supplier

that has applied for inclusion on a multi-use list in accordance with
paragraph 10 to tender in a given procurement, where there is sufficient
time for the procuring entity to examine whether the supplier satisfies
the conditions for participation.

Information on Procuring Entity Decisions

14. A procuring entity shall promptly inform any supplier that submits
a request for participation in a procurement or application for inclusion
on a multi-use list of the procuring entity's decision with respect to the
request or application.

15. Where a procuring entity rejects a supplier's request for participation

in a procurement or application for inclusion on a multi-use list, ceases
to recognize a supplier as qualified, or removes a supplier from a
multi-use list, the entity shall promptly inform the supplier and, on
request of the supplier, promptly provide the supplier with a written
explanation of the reasons for its decision.
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GPA

Article X Technical Specifications and Tender Documentation

Technical Specifications

1. A procuring entity shall not prepare, adopt or apply any technical

specification or prescribe any conformity assessment procedure with the
purpose or the effect of creating unnecessary obstacles to international
trade.

2. In prescribing the technical specifications for the goods or services

being procured, a procuring entity shall, where appropriate:

(a) set out the technical specification in terms of performance

and functional requirements, rather than design or descriptive
characteristics; and

(b) base the technical specification on international standards,

where such exist; otherwise, on national technical regulations,
recognized national standards or building codes.

3. Where design or descriptive characteristics are used in the technical

specifications, a procuring entity should indicate, where appropriate, that
it will consider tenders of equivalent goods or services that demonstrably
fulfil the requirements of the procurement by including words such as "or
equivalent" in the tender documentation.

4. A procuring entity shall not prescribe technical specifications

that require or refer to a particular trademark or trade name, patent,
copyright, design, type, specific origin, producer or supplier, unless
there is no other sufficiently precise or intelligible way of describing the
procurement requirements and provided that, in such cases, the entity
includes words such as "or equivalent" in the tender documentation.

5. A procuring entity shall not seek or accept, in a manner that would

have the effect of precluding competition, advice that may be used in
the preparation or adoption of any technical specification for a specific
procurement from a person that may have a commercial interest in the
procurement.

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6. For greater certainty, a Party, including its procuring entities,
may, in accordance with this Article, prepare, adopt or apply technical
specifications to promote the conservation of natural resources or
protect the environment.

Tender Documentation

7. A procuring entity shall make available to suppliers tender

documentation that includes all information necessary to permit
suppliers to prepare and submit responsive tenders. Unless already
provided in the notice of intended procurement, such documentation
shall include a complete description of:

(a) the procurement, including the nature and the quantity of the
goods or services to be procured or, where the quantity is not
known, the estimated quantity and any requirements to be
fulfilled, including any technical specifications, conformity
assessment certification, plans, drawings or instructional
materials;

(b) any conditions for participation of suppliers, including a list of

information and documents that suppliers are required to submit
in connection with the conditions for participation;

(c) all evaluation criteria the entity will apply in the awarding of the
contract, and, except where price is the sole criterion, the relative
importance of such criteria;

(d) where the procuring entity will conduct the procurement

by electronic means, any authentication and encryption
requirements or other requirements related to the submission of
information by electronic means;

(e) where the procuring entity will hold an electronic auction, the
rules, including identification of the elements of the tender related
to the evaluation criteria, on which the auction will be conducted;

(f) where there will be a public opening of tenders, the date, time
and place for the opening and, where appropriate, the persons
authorized to be present;

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GPA

(g) any other terms or conditions, including terms of payment and any
limitation on the means by which tenders may be submitted, such
as whether on paper or by electronic means; and

(h) any dates for the delivery of goods or the supply of services.

8. In establishing any date for the delivery of goods or the supply

of services being procured, a procuring entity shall take into account
such factors as the complexity of the procurement, the extent of
subcontracting anticipated and the realistic time required for production,
de-stocking and transport of goods from the point of supply or for supply
of services.

9. The evaluation criteria set out in the notice of intended procurement

or tender documentation may include, among others, price and other cost
factors, quality, technical merit, environmental characteristics and terms
of delivery.

10. A procuring entity shall promptly:

(a) make available tender documentation to ensure that interested

suppliers have sufficient time to submit responsive tenders;

(b) provide, on request, the tender documentation to any interested

supplier; and

(c) reply to any reasonable request for relevant information by

any interested or participating supplier, provided that such
information does not give that supplier an advantage over other
suppliers.

Modifications

11. Where, prior to the award of a contract, a procuring entity modifies

the criteria or requirements set out in the notice of intended procurement
or tender documentation provided to participating suppliers, or amends
or reissues a notice or tender documentation, it shall transmit in
writing all such modifications or amended or re-issued notice or tender
documentation:

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(a) to all suppliers that are participating at the time of the
modification, amendment or re‑issuance, where such suppliers
are known to the entity, and in all other cases, in the same manner
as the original information was made available; and

(b) in adequate time to allow such suppliers to modify and re-submit

amended tenders, as appropriate.

Article XI Time-Periods

General

1. A procuring entity shall, consistent with its own reasonable needs,

provide sufficient time for suppliers to prepare and submit requests for
participation and responsive tenders, taking into account such factors as:

(a) the nature and complexity of the procurement;

(b) the extent of subcontracting anticipated; and

(c) the time necessary for transmitting tenders by non-electronic

means from foreign as well as domestic points where electronic
means are not used.

Such time-periods, including any extension of the time-periods, shall be

the same for all interested or participating suppliers.

Deadlines

2. A procuring entity that uses selective tendering shall establish that

the final date for the submission of requests for participation shall not, in
principle, be less than 25 days from the date of publication of the notice
of intended procurement. Where a state of urgency duly substantiated
by the procuring entity renders this time-period impracticable, the
time-period may be reduced to not less than 10 days.

3. Except as provided for in paragraphs 4, 5, 7 and 8 a procuring entity

shall establish that the final date for the submission of tenders shall not
be less than 40 days from the date on which:

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GPA

(a) in the case of open tendering, the notice of intended procurement

is published; or

(b) in the case of selective tendering, the entity notifies suppliers

that they will be invited to submit tenders, whether or not it uses a
multi-use list.

4. A procuring entity may reduce the time-period for tendering

established in accordance with paragraph 3 to not less than 10 days
where:

(a) the procuring entity has published a notice of planned

procurement as described in Article VII:4 at least 40 days and not
more than 12 months in advance of the publication of the notice
of intended procurement, and the notice of planned procurement
contains:

(i). a description of the procurement;

(ii). the approximate final dates for the submission of tenders or

requests for participation;

(iii). a statement that interested suppliers should express their

interest in the procurement to the procuring entity;

(iv). the address from which documents relating to the

procurement may be obtained; and

(v). as much of the information that is required for the notice of

intended procurement under Article VII:2, as is available;

(b) the procuring entity, for recurring contracts, indicates in an initial

notice of intended procurement that subsequent notices will
provide time-periods for tendering based on this paragraph; or

(c) a state of urgency duly substantiated by the procuring entity

renders the time-period for tendering established in accordance
with paragraph 3 impracticable.

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 GPA
5. A procuring entity may reduce the time-period for tendering
established in accordance with paragraph 3 by five days for each one of
the following circumstances:

(a) the notice of intended procurement is published by electronic

means;

(b) all the tender documentation is made available by electronic

means from the date of the publication of the notice of intended
procurement; and

(c) the entity accepts tenders by electronic means.

6. The use of paragraph 5, in conjunction with paragraph 4, shall in no

case result in the reduction of the time-period for tendering established
in accordance with paragraph 3 to less than 10 days from the date on
which the notice of intended procurement is published.

7. Notwithstanding any other provision in this Article, where a procuring

entity purchases commercial goods or services, or any combination
thereof, it may reduce the time-period for tendering established in
accordance with paragraph 3 to not less than 13 days, provided that
it publishes by electronic means, at the same time, both the notice of
intended procurement and the tender documentation. In addition, where
the entity accepts tenders for commercial goods or services by electronic
means, it may reduce the time-period established in accordance with
paragraph 3 to not less than 10 days.

8. Where a procuring entity covered under Annex 2 or 3 has selected all

or a limited number of qualified suppliers, the time-period for tendering
may be fixed by mutual agreement between the procuring entity and the
selected suppliers. In the absence of agreement, the period shall not be
less than 10 days.

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GPA

Article XII Negotiation

1. A Party may provide for its procuring entities to conduct negotiations:

(a) where the entity has indicated its intent to conduct negotiations in
the notice of intended procurement required under Article VII:2; or

(b) where it appears from the evaluation that no tender is obviously

the most advantageous in terms of the specific evaluation
criteria set out in the notice of intended procurement or tender
documentation.

2. A procuring entity shall:

(a) ensure that any elimination of suppliers participating in

negotiations is carried out in accordance with the evaluation
criteria set out in the notice of intended procurement or tender
documentation; and

(b) where negotiations are concluded, provide a common deadline for

the remaining participating suppliers to submit any new or revised
tenders.

Article XIII Limited Tendering

1. Provided that it does not use this provision for the purpose of
avoiding competition among suppliers or in a manner that discriminates
against suppliers of any other Party or protects domestic suppliers, a
procuring entity may use limited tendering and may choose not to apply
Articles VII through IX, X (paragraphs 7 through 11), XI, XII, XIV and XV only
under any of the following circumstances:

(a) where:

(i). no tenders were submitted or no suppliers requested

participation;

(ii). no tenders that conform to the essential requirements of the

tender documentation were submitted;

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(iii). no suppliers satisfied the conditions for participation; or

(iv). the tenders submitted have been collusive, provided that

the requirements of the tender documentation are not
substantially modified;

(b) where the goods or services can be supplied only by a particular

supplier and no reasonable alternative or substitute goods or
services exist for any of the following reasons:

(i). the requirement is for a work of art;

(ii). the protection of patents, copyrights or other exclusive rights;

or

(iii). due to an absence of competition for technical reasons;

(c) for additional deliveries by the original supplier of goods or

services that were not included in the initial procurement where a
change of supplier for such additional goods or services:

(i). cannot be made for economic or technical reasons such

as requirements of interchangeability or interoperability
with existing equipment, software, services or installations
procured under the initial procurement; and

(ii). would cause significant inconvenience or substantial

duplication of costs for the procuring entity;

(d) insofar as is strictly necessary where, for reasons of extreme

urgency brought about by events unforeseeable by the procuring
entity, the goods or services could not be obtained in time using
open tendering or selective tendering;

(e) for goods purchased on a commodity market;

(f) where a procuring entity procures a prototype or a first good or

service that is developed at its request in the course of, and for,
a particular contract for research, experiment, study or original
development. Original development of a first good or service may

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GPA

include limited production or supply in order to incorporate the

results of field testing and to demonstrate that the good or service
is suitable for production or supply in quantity to acceptable
quality standards, but does not include quantity production or
supply to establish commercial viability or to recover research and
development costs;

(g) for purchases made under exceptionally advantageous conditions

that only arise in the very short term in the case of unusual
disposals such as those arising from liquidation, receivership or
bankruptcy, but not for routine purchases from regular suppliers;
or

(h) where a contract is awarded to a winner of a design contest provided

that:

(i). the contest has been organized in a manner that is consistent

with the principles of this Agreement, in particular relating to
the publication of a notice of intended procurement; and

(ii). the participants are judged by an independent jury with a view

to a design contract being awarded to a winner.

2. A procuring entity shall prepare a report in writing on each contract

awarded under paragraph 1. The report shall include the name of the
procuring entity, the value and kind of goods or services procured and
a statement indicating the circumstances and conditions described in
paragraph 1 that justified the use of limited tendering.

Article XIV Electronic Auctions

Where a procuring entity intends to conduct a covered procurement

using an electronic auction, the entity shall provide each participant,
before commencing the electronic auction, with:

(a) the automatic evaluation method, including the mathematical

formula, that is based on the evaluation criteria set out in the
tender documentation and that will be used in the automatic
ranking or re-ranking during the auction;

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(b) the results of any initial evaluation of the elements of its tender
where the contract is to be awarded on the basis of the most
advantageous tender; and

(c) any other relevant information relating to the conduct of the

auction.

Article XV Treatment of Tenders and Awarding of Contracts

Treatment of Tenders

1. A procuring entity shall receive, open and treat all tenders under
procedures that guarantee the fairness and impartiality of the
procurement process, and the confidentiality of tenders.

2. A procuring entity shall not penalize any supplier whose tender is

received after the time specified for receiving tenders if the delay is due
solely to mishandling on the part of the procuring entity.

3. Where a procuring entity provides a supplier with an opportunity to

correct unintentional errors of form between the opening of tenders and
the awarding of the contract, the procuring entity shall provide the same
opportunity to all participating suppliers.

Awarding of Contracts

4. To be considered for an award, a tender shall be submitted in writing

and shall, at the time of opening, comply with the essential requirements
set out in the notices and tender documentation and be from a supplier
that satisfies the conditions for participation.

5. Unless a procuring entity determines that it is not in the public

interest to award a contract, the entity shall award the contract to the
supplier that the entity has determined to be capable of fulfilling the
terms of the contract and that, based solely on the evaluation criteria
specified in the notices and tender documentation, has submitted:

(a) the most advantageous tender; or

(b) where price is the sole criterion, the lowest price.

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6. Where a procuring entity receives a tender with a price that is

abnormally lower than the prices in other tenders submitted, it may verify
with the supplier that it satisfies the conditions for participation and is
capable of fulfilling the terms of the contract.

7. A procuring entity shall not use options, cancel a procurement or

modify awarded contracts in a manner that circumvents the obligations
under this Agreement.

Article XVI Transparency of Procurement Information

Information Provided to Suppliers

1. A procuring entity shall promptly inform participating suppliers of

the entity's contract award decisions and, on the request of a supplier,
shall do so in writing. Subject to paragraphs 2 and 3 of Article XVII, a
procuring entity shall, on request, provide an unsuccessful supplier with
an explanation of the reasons why the entity did not select its tender and
the relative advantages of the successful supplier's tender.

Publication of Award Information

2. Not later than 72 days after the award of each contract covered
by this Agreement, a procuring entity shall publish a notice in the
appropriate paper or electronic medium listed in Appendix III. Where the
entity publishes the notice only in an electronic medium, the information
shall remain readily accessible for a reasonable period of time. The notice
shall include at least the following information:

(a) a description of the goods or services procured;

(b) the name and address of the procuring entity;

(c) the name and address of the successful supplier;

(d) the value of the successful tender or the highest and lowest offers
taken into account in the award of the contract;

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(e) the date of award; and

(f) the type of procurement method used, and in cases where limited
tendering was used in accordance with Article XIII, a description of
the circumstances justifying the use of limited tendering.

Maintenance of Documentation, Reports and Electronic

Traceability

3. Each procuring entity shall, for a period of at least three years from
the date it awards a contract, maintain:

(a) the documentation and reports of tendering procedures and

contract awards relating to covered procurement, including the
reports required under Article XIII; and

(b) data that ensure the appropriate traceability of the conduct of

covered procurement by electronic means.

Collection and Reporting of Statistics

4. Each Party shall collect and report to the Committee statistics on its
contracts covered by this Agreement. Each report shall cover one year
and be submitted within two years of the end of the reporting period, and
shall contain:

(a) for Annex 1 procuring entities:

(i). the number and total value, for all such entities, of all
contracts covered by this Agreement;

(ii). the number and total value of all contracts covered by

this Agreement awarded by each such entity, broken
down by categories of goods and services according to an
internationally recognized uniform classification system; and

(iii). the number and total value of all contracts covered by this
Agreement awarded by each such entity under limited
tendering;

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(b) for Annex 2 and 3 procuring entities, the number and total value of
contracts covered by this Agreement awarded by all such entities,
broken down by Annex; and

(c) estimates for the data required under subparagraphs (a) and
(b), with an explanation of the methodology used to develop the
estimates, where it is not feasible to provide the data.

5. Where a Party publishes its statistics on an official website, in a

manner that is consistent with the requirements of paragraph 4, the
Party may substitute a notification to the Committee of the website
address for the submission of the data under paragraph 4, with any
instructions necessary to access and use such statistics.

6. Where a Party requires notices concerning awarded contracts,

pursuant to paragraph 2, to be published electronically and where such
notices are accessible to the public through a single database in a form
permitting analysis of the covered contracts, the Party may substitute a
notification to the Committee of the website address for the submission of
the data under paragraph 4, with any instructions necessary to access and
use such data.

Article XVII Disclosure of Information

Provision of Information to Parties

1. On request of any other Party, a Party shall provide promptly any

information necessary to determine whether a procurement was
conducted fairly, impartially and in accordance with this Agreement,
including information on the characteristics and relative advantages of
the successful tender. In cases where release of the information would
prejudice competition in future tenders, the Party that receives the
information shall not disclose it to any supplier, except after consulting
with, and obtaining the agreement of, the Party that provided the
information.

Non-Disclosure of Information

2. Notwithstanding any other provision of this Agreement, a Party,

including its procuring entities, shall not provide to any particular

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supplier information that might prejudice fair competition between
suppliers.

3. Nothing in this Agreement shall be construed to require a Party,

including its procuring entities, authorities and review bodies, to disclose
confidential information where disclosure:

(a) would impede law enforcement;

(b) might prejudice fair competition between suppliers;

(c) would prejudice the legitimate commercial interests of particular

persons, including the protection of intellectual property; or

(d) would otherwise be contrary to the public interest.

Article XVIII Domestic Review Procedures

1. Each Party shall provide a timely, effective, transparent and

non-discriminatory administrative or judicial review procedure through
which a supplier may challenge:

(a) a breach of the Agreement; or

(b) where the supplier does not have a right to challenge directly a
breach of the Agreement under the domestic law of a Party, a failure
to comply with a Party's measures implementing this Agreement,

arising in the context of a covered procurement, in which the supplier

has, or has had, an interest. The procedural rules for all challenges shall
be in writing and made generally available.

2. In the event of a complaint by a supplier, arising in the context of

covered procurement in which the supplier has, or has had, an interest,
that there has been a breach or a failure as referred to in paragraph 1,
the Party of the procuring entity conducting the procurement shall
encourage the entity and the supplier to seek resolution of the complaint
through consultations. The entity shall accord impartial and timely
consideration to any such complaint in a manner that is not prejudicial to
the supplier's participation in ongoing or future procurement or its right

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to seek corrective measures under the administrative or judicial review

procedure.

3. Each supplier shall be allowed a sufficient period of time to prepare

and submit a challenge, which in no case shall be less than 10 days from
the time when the basis of the challenge became known or reasonably
should have become known to the supplier.

4. Each Party shall establish or designate at least one impartial

administrative or judicial authority that is independent of its procuring
entities to receive and review a challenge by a supplier arising in the
context of a covered procurement.

5. Where a body other than an authority referred to in paragraph 4

initially reviews a challenge, the Party shall ensure that the supplier
may appeal the initial decision to an impartial administrative or judicial
authority that is independent of the procuring entity whose procurement
is the subject of the challenge.

6. Each Party shall ensure that a review body that is not a court shall
have its decision subject to judicial review or have procedures that
provide that:

(a) the procuring entity shall respond in writing to the challenge and
disclose all relevant documents to the review body;

(b) the participants to the proceedings (hereinafter referred to as

"participants") shall have the right to be heard prior to a decision
of the review body being made on the challenge;

(c) the participants shall have the right to be represented and

accompanied;

(d) the participants shall have access to all proceedings;

(e) the participants shall have the right to request that the proceedings
take place in public and that witnesses may be presented; and

(f) the review body shall make its decisions or recommendations in a

timely fashion, in writing, and shall include an explanation of the
basis for each decision or recommendation.

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7. Each Party shall adopt or maintain procedures that provide for:

(a) rapid interim measures to preserve the supplier's opportunity to

participate in the procurement. Such interim measures may result
in suspension of the procurement process. The procedures may
provide that overriding adverse consequences for the interests
concerned, including the public interest, may be taken into
account when deciding whether such measures should be applied.
Just cause for not acting shall be provided in writing; and

(b) where a review body has determined that there has been a breach
or a failure as referred to in paragraph 1, corrective action or
compensation for the loss or damages suffered, which may be
limited to either the costs for the preparation of the tender or the
costs relating to the challenge, or both.

Article XIX Modifications and Rectifications to Coverage

Notification of Proposed Modification

1. A Party shall notify the Committee of any proposed rectification,

transfer of an entity from one annex to another, withdrawal of an
entity or other modification of its annexes to Appendix I (any of which
is hereinafter referred to as "modification"). The Party proposing the
modification (hereinafter referred to as "modifying Party") shall include
in the notification:

(a) for any proposed withdrawal of an entity from its annexes to

Appendix I in exercise of its rights on the grounds that government
control or influence over the entity's covered procurement has
been effectively eliminated, evidence of such elimination; or

(b) for any other proposed modification, information as to the likely

consequences of the change for the mutually agreed coverage
provided for in this Agreement.

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Objection to Notification

2. Any Party whose rights under this Agreement may be affected by

a proposed modification notified under paragraph 1 may notify the
Committee of any objection to the proposed modification. Such objections
shall be made within 45 days from the date of the circulation to the
Parties of the notification, and shall set out reasons for the objection.

Consultations

3. The modifying Party and any Party making an objection (hereinafter

referred to as "objecting Party") shall make every attempt to resolve the
objection through consultations. In such consultations, the modifying and
objecting Parties shall consider the proposed modification:

(a) in the case of a notification under paragraph 1(a), in accordance

with any indicative criteria adopted pursuant to paragraph 8(b),
indicating the effective elimination of government control or
influence over an entity's covered procurement; and

(b) in the case of a notification under paragraph 1(b), in accordance

with any criteria adopted pursuant to paragraph 8(c), relating
to the level of compensatory adjustments to be offered for
modifications, with a view to maintaining a balance of rights and
obligations and a comparable level of mutually agreed coverage
provided in this Agreement.

Revised Modification

4. Where the modifying Party and any objecting Party resolve the
objection through consultations, and the modifying Party revises its
proposed modification as a result of those consultations, the modifying
Party shall notify the Committee in accordance with paragraph 1, and
any such revised modification shall only be effective after fulfilling the
requirements of this Article.

46
 GPA
Implementation of Modifications

5. A proposed modification shall become effective only where:

(a) no Party submits to the Committee a written objection to the

proposed modification within 45 days from the date of circulation
of the notification of the proposed modification under paragraph
1;

(b) all objecting Parties have notified the Committee that they
withdraw their objections to the proposed modification; or

(c) 150 days from the date of circulation of the notification of the
proposed modification under paragraph 1 have elapsed, and
the modifying Party has informed the Committee in writing of its
intention to implement the modification.

Withdrawal of Substantially Equivalent Coverage

6. Where a modification becomes effective pursuant to paragraph 5(c),

any objecting Party may withdraw substantially equivalent coverage.
Notwithstanding Article IV:1(b), a withdrawal pursuant to this paragraph
may be implemented solely with respect to the modifying Party. Any
objecting Party shall inform the Committee in writing of any such
withdrawal at least 30 days before the withdrawal becomes effective.
A withdrawal pursuant to this paragraph shall be consistent with any
criteria relating to the level of compensatory adjustment adopted by the
Committee pursuant to paragraph 8(c).

Arbitration Procedures to Facilitate Resolution of Objections

7. Where the Committee has adopted arbitration procedures to

facilitate the resolution of objections pursuant to paragraph 8, a
modifying or any objecting Party may invoke the arbitration procedures
within 120 days of circulation of the notification of the proposed
modification:

47
GPA

(a) Where no Party has invoked the arbitration procedures within the
time-period:

(i). notwithstanding paragraph 5(c), the proposed modification

shall become effective where 130 days from the date of
circulation of the notification of the proposed modification
under paragraph 1 have elapsed, and the modifying Party
has informed the Committee in writing of its intention to
implement the modification; and

(ii). no objecting Party may withdraw coverage pursuant to

paragraph 6.

(b) Where a modifying Party or objecting Party has invoked the

arbitration procedures:

(i). notwithstanding paragraph 5(c), the proposed modification

shall not become effective before the completion of the
arbitration procedures;

(ii). any objecting Party that intends to enforce a right to

compensation, or to withdraw substantially equivalent
coverage pursuant to paragraph 6, shall participate in the
arbitration proceedings;

(iii). a modifying Party should comply with the results of the

arbitration procedures in making any modification effective
pursuant to paragraph 5(c); and

(iv). where a modifying Party does not comply with the results
of the arbitration procedures in making any modification
effective pursuant to paragraph 5(c), any objecting Party
may withdraw substantially equivalent coverage pursuant to
paragraph 6, provided that any such withdrawal is consistent
with the result of the arbitration procedures.

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 GPA
Committee Responsibilities

8. The Committee shall adopt:

(a) arbitration procedures to facilitate resolution of objections under

paragraph 2;

(b) indicative criteria that demonstrate the effective elimination

of government control or influence over an entity's covered
procurement; and

(c) criteria for determining the level of compensatory adjustment to

be offered for modifications made pursuant to paragraph 1(b) and
of substantially equivalent coverage under paragraph 6.

Article XX Consultations and Dispute Settlement

1. Each Party shall accord sympathetic consideration to and

shall afford adequate opportunity for consultation regarding any
representation made by another Party with respect to any matter
affecting the operation of this Agreement.

2. Where any Party considers that any benefit accruing to it, directly or
indirectly, under this Agreement is being nullified or impaired, or that the
attainment of any objective of this Agreement is being impeded as the result
of:

(a) the failure of another Party or Parties to carry out its obligations
under this Agreement; or

(b) the application by another Party or Parties of any measure,

whether or not it conflicts with the provisions of this Agreement,

it may, with a view to reaching a mutually satisfactory solution to the

matter, have recourse to the provisions of the Understanding on Rules
and Procedures Governing the Settlement of Disputes (hereinafter
referred to as "the Dispute Settlement Understanding").

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GPA

3. The Dispute Settlement Understanding shall apply to consultations

and the settlement of disputes under this Agreement, with the exception
that, notwithstanding paragraph 3 of Article 22 of the Dispute Settlement
Understanding, any dispute arising under any Agreement listed in
Appendix 1 to the Dispute Settlement Understanding other than this
Agreement shall not result in the suspension of concessions or other
obligations under this Agreement, and any dispute arising under this
Agreement shall not result in the suspension of concessions or other
obligations under any other Agreement listed in Appendix 1 of the
Dispute Settlement Understanding.

Article XXI Institutions

Committee on Government Procurement

1. There shall be a Committee on Government Procurement composed

of representatives from each of the Parties. This Committee shall elect its
own Chairman and shall meet as necessary, but not less than once a year,
for the purpose of affording Parties the opportunity to consult on any
matters relating to the operation of this Agreement or the furtherance
of its objectives, and to carry out such other responsibilities as may be
assigned to it by the Parties.

2. The Committee may establish working parties or other subsidiary

bodies that shall carry out such functions as may be given to them by the
Committee.

3. The Committee shall annually:

(a) review the implementation and operation of this Agreement; and

(b) inform the General Council of its activities, pursuant to Article IV:8
of the Marrakesh Agreement Establishing the World Trade
Organization (hereinafter referred to as "WTO Agreement"), and
of developments relating to the implementation and operation of
this Agreement.

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 GPA
Observers

4. Any WTO Member that is not a Party to this Agreement shall be

entitled to participate in the Committee as an observer by submitting a
written notice to the Committee. Any WTO observer may submit a written
request to the Committee to participate in the Committee as an observer,
and may be accorded observer status by the Committee.

Article XXII Final Provisions

Acceptance and Entry into Force

1. This Agreement shall enter into force on 1 January 1996 for those
governments1 whose agreed coverage is contained in the Annexes of
Appendix I of this Agreement, and which have, by signature, accepted the
Agreement on 15 April 1994, or have, by that date, signed the Agreement
subject to ratification and have subsequently ratified the Agreement
before 1 January 1996.

Accession

2. Any Member of the WTO may accede to this Agreement on terms to

be agreed between that Member and the Parties, with such terms stated
in a decision of the Committee. Accession shall take place by deposit
with the Director-General of the WTO of an instrument of accession
that states the terms so agreed. This Agreement shall enter into force
for a Member acceding to it on the 30 th day following the deposit of its
instrument of accession.

Reservations

3. No Party may enter a reservation in respect of any provision of this

Agreement.

¹ For the purpose of this Agreement, the term "government" is deemed to include the
competent authorities of the European Union.

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GPA

Domestic Legislation

4. Each Party shall ensure, not later than the date of entry into force
of this Agreement for it, the conformity of its laws, regulations and
administrative procedures, and the rules, procedures and practices
applied by its procuring entities, with the provisions of this Agreement.

5. Each Party shall inform the Committee of any changes to its laws and
regulations relevant to this Agreement and in the administration of such
laws and regulations.

Future Negotiations and Future Work Programmes

6. Each Party shall seek to avoid introducing or continuing

discriminatory measures that distort open procurement.

7. Not later than the end of three years from the date of entry into force
of the Protocol Amending the Agreement on Government Procurement,
adopted on 30 March 2012, and periodically thereafter, the Parties shall
undertake further negotiations, with a view to improving this Agreement,
progressively reducing and eliminating discriminatory measures, and
achieving the greatest possible extension of its coverage among all
Parties on the basis of mutual reciprocity, taking into consideration the
needs of developing countries.

8. (a) The Committee shall undertake further work to facilitate the

implementation of this Agreement and the negotiations provided
for in paragraph 7, through the adoption of work programmes for
the following items:

(i). the treatment of small and medium-sized enterprises;

(ii). the collection and dissemination of statistical data;

(iii). the treatment of sustainable procurement;

(iv). exclusions and restrictions in Parties' Annexes; and

(v). safety standards in international procurement.

52
 GPA
(b) The Committee:

(i). may adopt a decision that contains a list of work programmes

on additional items, which may be reviewed and updated
periodically; and

(ii). shall adopt a decision setting out the work to be undertaken

on each particular work programme under subparagraph (a)
and any work programme adopted under subparagraph (b)(i).

9. Following the conclusion of the work programme to harmonize

rules of origin for goods being undertaken under the Agreement on
Rules of Origin in Annex 1A to the WTO Agreement and negotiations
regarding trade in services, the Parties shall take the results of that work
programme and those negotiations into account in amending Article IV:5,
as appropriate.

10. Not later than the end of the fifth year from the date of entry
into force of the Protocol Amending the Agreement on Government
Procurement, the Committee shall examine the applicability of
Article XX:2(b).

Amendments

11. The Parties may amend this Agreement. A decision to adopt an

amendment and to submit it for acceptance by the Parties shall be taken
by consensus. An amendment shall enter into force:

(a) except as provided for in subparagraph (b), in respect of those

Parties that accept it, upon acceptance by two thirds of the
Parties and thereafter for each other Party upon acceptance by it;

(b) for all Parties upon acceptance by two thirds of the Parties if
it is an amendment that the Committee, by consensus, has
determined to be of a nature that would not alter the rights and
obligations of the Parties.

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GPA

Withdrawal

12. Any Party may withdraw from this Agreement. The withdrawal
shall take effect upon the expiration of 60 days from the date the
Director-General of the WTO receives written notice of the withdrawal.
Any Party may, upon such notification, request an immediate meeting of
the Committee.

13. Where a Party to this Agreement ceases to be a Member of the WTO,

it shall cease to be a Party to this Agreement with effect on the date on
which it ceases to be a Member of the WTO.

Non-application of this Agreement between Particular Parties

14. This Agreement shall not apply as between any two Parties
where either Party, at the time either Party accepts or accedes to this
Agreement, does not consent to such application.

Appendices

15. The Appendices to this Agreement constitute an integral part thereof.

Secretariat

16. This Agreement shall be serviced by the WTO Secretariat.

Deposit

17. This Agreement shall be deposited with the Director-General of the

WTO, who shall promptly furnish to each Party a certified true copy of
this Agreement, of each rectification or modification thereto pursuant
to Article XIX and of each amendment pursuant to paragraph 11, and a
notification of each accession thereto pursuant to paragraph 2 and of
each withdrawal pursuant to paragraphs 12 or 13.

Registration

18. This Agreement shall be registered in accordance with the provisions

of Article 102 of the Charter of the United Nations.

54
55
CGP

DECISIONS AND OTHER DOCUMENTS OF

THE WTO COMMITTEE ON GOVERNMENT
PROCUREMENT

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 CGP
1. DECISIONS ON PROCEDURAL MATTERS UNDER THE
AGREEMENT ON GOVERNMENT PROCUREMENT (1994)

Participation of Observers in the Committee on

Government Procurement (1994)*

Decision

1. Members of the World Trade Organization which are not Parties

to the Agreement may follow the proceedings of the Committee on
Government Procurement in an observer capacity.

2. Governments which are not Members of the World Trade

Organization, but are in the process of, or have expressed the intent
of, accepting or acceding to the WTO Agreement and which are also
interested in initiating negotiations for accession to the Agreement
on Government Procurement (1994) and have an interest in following
the proceedings of the Committee on Government Procurement in an
observer capacity, should communicate a request to the Director‑General
of the World Trade Organization indicating their desire to have observer
status in the Committee on Government Procurement. The Committee
shall decide on each request.

3. The Committee shall decide on the conditions of observership,

including with respect to the provision of information by observers.
Observers may participate in the discussions but decisions shall be taken
only by Parties.

4. The Committee on Government Procurement may deliberate on

confidential matters in special restricted sessions.

* Decision of the Committee of 27 February 1996 (Annex 1 to GPA/1, of 5 March 1996),

page 2.

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CGP

5. The Committee may invite, as appropriate, international

organizations to participate in sessions of the Committee on Government
Procurement in an observer capacity. In addition, requests from
international organizations to participate in sessions of the Committee
on Government Procurement, in an observer capacity, shall be considered
on a case-by-case basis by the Committee. In such considerations,
the criteria and conditions for observer status for intergovernmental
organizations in the WTO shall be taken into account.

6. This Decision is without prejudice to the provisions of paragraph 2 of

Article XVII of the Agreement.

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MODALITIES FOR NOTIFYING THRESHOLD FIGURES IN
NATIONAL CURRENCIES*

Decision

General

Each Party will calculate and convert for itself the value of the
thresholds contained in its Appendix I into its own national currency,
it being understood that these calculations will be based on the
conversion rates published by the IMF in its monthly "International
Financial Statistics" (for the EC, the Member States’ currency equivalents
of the ECU for determining the value of public contracts are calculated
and published by the EC Commission). Parties will notify without delay to
the Committee the method and result of their calculation, for possible
examination and challenge in the Committee.

Basis for calculation1

The conversion rates will be the average of the daily values of the
respective national currency in terms of the SDR over the two-year
period preceding 1 October or 1 November of the year prior to the
thresholds in national currency becoming effective which will be from
1 January. For Israel and Japan the conversion rate will be established
in the same way as above but the relevant date for the calculation
will be 1 January (rather than 1 October or 1 November) and the
newly-established conversion rate will take effect on 1 April.

*
Decision of the Committee of 27 February 1996 (Annex 3 to GPA/1, of 5 March 1996), page 4.
1
It is understood that the EC calculates its thresholds based on a unilateral reduction of
13 per cent in the thresholds applicable to the EC (pursuant to the relevant decision by the
Committee under the Tokyo Code of 20 May 1987, in furtherance of the panel decision on
Value-Added Tax and Threshold (GPR/21, GPA/IC/W/2, pages 3 and 4).

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Period of validity of national thresholds

Thresholds expressed in national currencies will be fixed for two

years, i.e. calendar years for all Parties except Israel and Japan, where the
fiscal year (1 April-31 March) will be used.

Safeguard mechanism

If a major change in a national currency vis-à-vis the SDR during a

year were to create a significant problem with regard to the application of
the Agreement, the matter will be considered in the Committee.

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2. INDICATIVE TIME-FRAME FOR ACCESSION NEGOTIATIONS
AND REPORTING ON THE PROGRESS OF WORK*

Note by the Secretariat

Revision

1. In the context of its discussion regarding the improvement of the

procedures for accession under Article XXIV:2, the Committee has
addressed the establishment of an indicative time-frame for accession
negotiations together with a procedure for regular reporting to each
Committee meeting on progress in bilateral consultations on the basis of
an earlier version of this note. The present revision takes into account the
comments made by Parties at the March and September 2000 meetings.

2. Certain basic procedures for accession negotiations have already

been adopted by the Committee in its Decision of February 1996 on the
Procedures for Accession under Article XXIV:2 of the Agreement (GPA/1,
Annex 2) . This Decision reads as follows:

"1. In accordance with paragraph 2 of Article XXIV of the Agreement

on Government Procurement (1994), any government which is a
Member of the WTO may accede to this Agreement on terms to be
agreed between that government and the Parties.

"2. To this effect, a government interested in accession shall

communicate its interest to the Director-General of the WTO and,
through him, to the Committee on Government Procurement and
shall submit relevant information including an offer by way of
appropriate Appendices containing lists of entities and services
which would be covered by the Agreement, as well as lists of
relevant publications, having regard to the provisions of the
Agreement, in particular Article I and, where appropriate, Article V.

*
Note by the Secretariat, GPA/W/109/Rev.2, of 3 January 2001.

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CGP

"3. The government interested in accession shall hold consultations

with the Parties to the Agreement on the terms for its accession to
the Agreement.

"4. With a view to facilitating accession, the Committee on

Government Procurement shall establish a working party if the
applicant government, or any Party to the Agreement, so requests.
The working party should examine: (i) the coverage offer made by
the applicant government; and (ii) relevant information pertaining
to export opportunities in the markets of the Parties, taking into
account the existing and potential export capabilities of the
applicant government and export opportunities for the Parties in
the market of the applicant government.

"5. Upon a decision by the Committee on Government Procurement

agreeing to the terms of accession including the lists of entities
and services as well as of relevant publications of the applicant
government, the applicant government shall deposit with the
Director-General of the WTO an instrument of accession which
states the terms so agreed. The applicant government’s lists
of entities, services and publications in their authentic WTO
language(s) shall be appended to the Agreement."

3. Attached is a suggested indicative timetable for accession

negotiations. It will be noted that the table does not specifically include
the option of establishing a working party, as provided for under
paragraph 4 of the above Decision. The reason is that, in practice, this
option has not been availed of so far. However, should an applicant
government or any Party to the Agreement request the establishment
of such a working party, consequential modifications would need to be
made to the suggested indicative timetable.

4. The suggested indicative timetable seeks to take into account the

fact that accession negotiations have two main aspects and involve
basically two mechanisms. The first aspect is the negotiation of an
agreed coverage to be reflected in Appendices containing lists of entities
and services as well as lists of relevant publications. The second is
ensuring the consistency of the applicable national legislation with the
provisions of the Agreement. The two main mechanisms used for these
purposes are bilateral consultations between an acceding country and

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interested Parties and plurilateral consultations. The negotiations on
commitments to be included in the Appendices are more focused on
bilateral consultations whereas the other aspect of the negotiations is
largely conducted through the plurilateral mechanism. These two aspects
and mechanisms overlap to some extent and should proceed in parallel.
As the Committee has already indicated, it is important that there should
be a regular plurilateral review of the bilateral parts of the accession
process and, of course, the results of both aspects of the negotiations
must come together at the plurilateral level in the preparation and
adoption of a decision setting out the terms of accession.

5. It will be noted that although paragraph 2 of the Committee Decision

of February 1996 would not seem to necessarily require acceding countries
to submit their initial offer together with their application for accession,
applicant countries have, on the whole, done so. While the suggested
procedures are sufficiently flexible to allow for the possibility of an initial
round of plurilateral and bilateral discussions before the submission of
the initial offer, they should also allow an applicant country to submit its
initial offer at the same time as its application if it is in a position to do so.
The submission of initial offers might be envisaged at any time during the
first six months after the application but should not be any later.

6. With regard to the largely plurilateral process of provision by

the applicant country of information on its procurement regime, the
Committee has already adopted a Checklist of Issues to act as a guide
to applicant countries in submitting such information (GPA/35). It
is suggested in the attached indicative timetable that, following the
circulation of the responses to the Checklist and other relevant data,
provision might be made for Parties to seek further clarification of the
applicable legislation and procedures through informal plurilateral
consultations including a written question and answer procedure.
The questions put and answers provided would be circulated to all
Parties. If necessary, provision could also be made for follow-up
questions and answers and further informal consultations at a later
stage in the process. It is suggested that the timetable for the review of
a procurement regime runs from the date of application for accession
and, for the negotiation of Appendices, from the date of the submission
of the applicant’s initial offer. Every effort would be made to align
bilateral/plurilateral consultations that are envisaged in each of the
timetables and the timetables would be applied with the necessary
flexibility to facilitate this.

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7. The suggested indicative timetable for general accession process

envisages that the process, from the date of the application to the
adoption of the decision containing the terms of accession, should
normally be completed within 18 months. It would, of course, have to be
understood that a certain degree of flexibility would be necessary to
take account of such factors as the state of preparation of the acceding
country, the complexity of its procurement regime and government
structure and the timing of Committee meetings. On the other hand, not
all the stages envisaged may be necessary in some accession negotiations
and some of the steps in the timetable, for instance exchange of follow-
up written questions and replies, submission of a revised offer or further
plurilateral consultations, could be omitted which would have the effect of
reducing the overall time-frame by approximately six months.

8. In its request for the preparation of this note, the Secretariat was
asked to consider the question of a procedure for regular reporting to
each Committee meeting on progress in the bilateral consultations.
Hitherto, the Committee’s overview of accession negotiations has mainly
consisted of the acceding country or interested Parties reporting orally
to the Committee at its meetings on an ad hoc basis. To provide a more
systematic basis for the Committee’s overview of the accession process and
to improve transparency, consideration might be given to providing to the
Committee a brief note outlining the state of play in the accession process
of each applicant. This might be done, for example, through the annotated
provisional agenda, which is circulated by the Secretariat prior to each
Committee meeting. The information contained therein could be updated
at the meeting, where necessary, by the Chair, the applicant country and
parties. Based on this, the Committee might take stock of the progress of
each accession process and, where appropriate, the Chair might seek to
draw conclusions about moving to the next stage of the indicative timetable.

9. The work involved in the provision of relevant information on national

procurement regimes, any amendments to such regimes required and
the preparation of offers by an acceding developing country may require
technical cooperation, for example in the form of advice and assistance
from Parties and the Secretariat, country visits and training. At the outset
of the accession process, the Secretariat might enter into contact with
the applicant country with a view to drawing up a technical cooperation
programme for that country, taking into account its specific needs and
circumstances. Parties should be ready to make resources available
bilaterally and/or through the Secretariat for this purpose.

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ATTACHMENT

SUGGESTED INDICATIVE TIMETABLE FOR THE

ACCESSION PROCESS

The timetable that follows is intended to be purely indicative in

nature and sets out what is considered to be the normal time-frame for
the accession process. Not all the stages envisaged may be necessary in
some accession negotiations and that it may be possible to complete the
process more rapidly, while in some other cases additional time may be
required due to special factors.

The suggested timetable for the accession process is in two parts,

that relating to the negotiation of Appendices and that relating to other
aspects, in particular the applicant country’s procurement regime and
its consistency with the Agreement. The timetable for the latter process
runs from the date of application for accession and for the former
process from the date of the submission of the applicant’s initial offer,
which should be within six months from the date of application. Every
effort would be made to align bilateral/plurilateral consultations that
are envisaged in each of the timetables and the timetables would be
applied with the necessary flexibility to facilitate this. Both aspects of
the timetable should normally be completed to permit the decision on
accession to be taken within 18 months of the date of application.

Indicative Timetable for General Accession Process and

Review of Procurement Regime
(Timetable to run from application for accession)
0 months Application for Accession
2 months Receipt of replies to the Checklist in GPA/35
4 months Receipt of written questions from Parties
6 months First round of informal bilateral/plurilateral consultations,
including responses to written questions
8 months Receipt of any follow-up questions
10 months Further informal bilateral/plurilateral consultations
12 months Follow-up written questions and replies, if necessary

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CGP

14 months Report by the acceding country on status of any steps

needed to align its procurement regime with the
requirements of the GPA
16 months Further informal bilateral/plurilateral consultations, if
necessary
18 months Circulation and review of the draft decision on terms of
accession including the final offer and adoption of the
Committee Decision

Indicative Timetable for Negotiation of Appendices

(Timetable to run from submission of initial offer – sometime within
six months of application for accession)
(Bilateral/plurilateral consultations on possible content of
initial offer)
0 months Submission of initial offer
2 months Receipt of written questions from Parties
4 months Informal bilateral/plurilateral consultations, including
responses to written questions
7 months Submission of revised offer, if necessary
9 months Further informal bilateral/plurilateral consultations, if
necessary
11 months Submission of second revised offer, if necessary

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3. CHECKLIST OF ISSUES FOR PROVISION OF INFORMATION
RELATING TO ACCESSION TO THE REVISED AGREEMENT ON
GOVERNMENT PROCUREMENT1*

The revised WTO Agreement on Government Procurement

(the "Agreement") entered into effect on 6 April 2014. Having regard to
the provisions of the Agreement and to facilitate consultations relating
to accession to it, please provide a description of the government
procurement regime applied in your country by replying, to the extent
possible, to the questions in the checklist of issues below. If there is no
specific provision on a particular issue, the response should state this.

Please provide, either separately or attached to your replies to this

checklist, a copy of the text of your national procurement legislation. In
the event that the legislation is not drafted in one of the three official
WTO languages, please also provide for consideration by the WTO
Committee on Government Procurement a translation into one of the
WTO languages.

The information to be provided in this context is without prejudice to

any additional information which Parties to the Agreement may wish
to request from acceding governments on any other aspects of their
procurement regimes. For each item on the checklist, please identify
any legal or administrative actions that will need to be taken in order to
align your government procurement regime with the requirements of the
Agreement and ensure full implementation of the Agreement following
accession.

If your government is aware of any need for training or other

capacity-building efforts relating to any of the items on this checklist,
please describe the need in as specific and concrete terms as
possible, and describe any steps your government is taking, whether
independently or in cooperation with other Members or international
organizations, to address that need.

1
For use by WTO Members pursuing accession to the Agreement.
*
Committee document of 14 October 2015 (GPA/132).

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CGP

For clarity, this Checklist supersedes the earlier Checklist relating to

the 1994 Agreement on Government Procurement that is contained in
GPA/35 of 21 June 2000.

1. LEGAL FRAMEWORK

1.1. Is there a single central law on procurement? If so, please specify?

1.2. What are the other laws, regulations, decrees, administrative

rulings, decisions, policy guidelines and other instruments governing
government procurement? Please provide a summary of the subject
areas dealt with by each of these instruments. Please also explain the
main differences (if any) that exist between their application at the
central and sub-central levels of government and at other types of
procuring entities.

1.3. To what extent will the provisions of the Agreement be applied

directly or need to be transposed into the relevant law? In the event
of direct application of the Agreement over conflicting provisions of
domestic law, please indicate the relevant legal basis.

2. SCOPE AND COVERAGE

2.1. Please summarize the organization of the government in your

country at each level.

2.2. Please list all central government entities (ministries, departments,

agencies, etc.) procuring goods, services and construction services.

2.3. What entities at the sub-central level of government (states,

provinces, municipalities, etc.) procure goods and services?

2.4. Which are the enterprises owned or controlled by the government

that are subject to the rules on government procurement? Which are
the other entities or categories of entities (Annex 3‑type entities) owned
and controlled by the government that engage in procurement? Please
specify.

2.5. Do procuring entities listed in response to questions 5, 6 and 7

apply in their procurement the main law (if one exists), other legislation
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provided by the federal or central level of government or are they
autonomous from federal or central government in their procurement
rules and practices? Where any of these procuring entities are not
subject to the main procurement law, please list the procuring entities
concerned and indicate which laws, regulations, etc., they are subject to.
How will your government ensure the implementation of the Agreement
by such procuring entities below the central/federal government level?

2.6. Are there any general exceptions from the scope of application
of the national procurement rules, for instance for essential national
defence or security reasons? Please provide details.

2.7. Please provide available statistics on the procurement by government

entities in your country in the last two years, including, to the extent
available, a breakdown by procuring entity and by categories of goods and
services.

3. NON-DISCRIMINATION

3.1. Identify the specific provisions in the legislation which reflect the
non‑discrimination commitments of Article IV:1-2 of the Agreement.

3.2. Please provide details of any provisions in national legislation

according domestic goods, services and suppliers treatment more
favourable than that accorded to foreign goods, services or suppliers or
according goods, services or suppliers of any country more favourable
treatment than those of any other country.

3.3. Please provide details of any provisions in national legislation

allowing a locally established supplier to be treated less favourably than
another locally established supplier on the basis of its degree of foreign
affiliation or ownership or discriminating against locally established
suppliers on the basis of the country of production of the good or service
being supplied.

3.4. Please specify to what extent, if at all, more favourable treatment is

granted to any sectors of the economy, regions or specific categories of
suppliers or goods/services.

3.5. Please specify any provisions requiring or allowing the use of offsets
or measures with similar effect, such as domestic content, licensing
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of technology, investment, counter-trade or similar requirements in

the qualification or selection of suppliers, goods or services or in the
evaluation of tenders and award of contracts.

4. AVOIDANCE OF CONFLICTS OF INTEREST AND PREVENTION

OF CORRUPT PRACTICES

4.1. Article IV:4(b) and (c) of the Agreement require procuring entities
to conduct covered procurement in a transparent and impartial manner
that "avoids conflicts of interest" and "prevents corrupt practices".
Please indicate the measures taken in your procurement system
to ensure compliance with these provisions - whether under your
procurement legislation or under related legislation.

5. ELEMENTS SPECIFIC TO PROCUREMENT PROCEDURES

5.1. Please provide a general description of your existing procurement

methods and procedures, including the main procurement methods
used and a brief description of each method, and the extent to which
qualification of suppliers and open, selective and limited tendering for
each level of government is used.

5.2. Identify the provision in your country’s legislation requiring

non‑discrimination as regards the qualification and selection of
suppliers in terms of Article IX of the Agreement. Indicate any exception
to this requirement. What are the provisions ensuring non-discriminatory
access of new suppliers to existing qualification lists?

5.3. In situations where qualification procedures and selective tendering

may be used, to what extent do procuring entities allow suppliers to
become qualified during the procurement process? To what extent do
procuring entities maintain multi-use lists of suppliers?

5.4. In the light of Article X:6 of the Agreement, please specify whether
there is any measure in your procurement system to allow procuring
entities to prepare, adopt or apply technical specifications to promote the
conservation of national resources or protect the environment.

5.5. What are the conditions and circumstances foreseen in your

legislation allowing the use of the limited tendering method under

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Article XIII of the Agreement? What measures exist in order to ensure
that this method is not used with a view to avoiding maximum possible
competition or in a manner which would constitute a means of
discriminating among foreign goods/services/suppliers or in favour of
domestic goods/services/suppliers?

5.6. Article XII of the Agreement allows for negotiation under certain
conditions. Are procuring entities allowed to proceed to negotiations? If
so, which categories and what are the conditions imposed?

5.7. Article XI of the Agreement sets out the minimum time-periods

for tendering and delivery. What are the rules and practices regarding
time-periods in your legislation? Does the legislation reflect the
various minimum time-periods as set out in the Agreement? If not, give
information on any different time‑periods which have been established in
your national legislation.

5.8. Briefly describe the procedures for the submission, receipt

and opening of tenders and awarding of contracts, in particular the
procedures and conditions guaranteeing regularity of the openings and
consistency with the non-discrimination provisions of the Agreement.
How is the information on the proceedings related to the receipt, opening
and evaluation of tenders maintained by procuring entities?

5.9. Please identify the provisions in your legislation setting the

parameters for the prescription of technical specifications by procuring
entities as part of the evaluation criteria.

5.10. Identify the measures in national legislation ensuring that awards

are made in accordance with the evaluation criteria and essential
requirements specified in the tender documentation.

6. INFORMATION

6.1. Article VI of the Agreement foresees the publication of laws,

regulations, judicial decisions, administrative rulings of general
application and procedures regarding government procurement. Please
give the name of the relevant publication(s) and indicate the media used
for this purpose. Please also provide, where available, the address of an

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Internet website where the legislation referred to in questions 1 and 2

can be found.

6.2. Article VII:1 of the Agreement foresees the publication of a notice

of intended procurement for each covered procurement undertaken by
a procuring entity. Please give the name of the relevant publication(s)
and indicate the media to be used for this purpose. Please also provide,
where available, the address of an Internet website where such notices
are published.

6.3. Please specify the types of information that your legislation

requires to be included in notices of intended procurement or in tender
documentation, and identify the relevant provisions of your legislation.

6.4. Article IX:7 of the Agreement foresees publication of multi-use lists

of suppliers by procuring entities maintaining such lists. Please give the
name of the relevant publication(s) and indicate the means used for this
purpose. Please also provide, where available, the address of an Internet
website where such lists are published.

6.5. Article XVI:2 of the Agreement foresees the publication of details

of contract award notices by procuring entities. Please give the name of
the relevant publication(s) and indicate the means to be used for this
purpose. Please also provide, where available, the address of an Internet
website where such notices are published.

6.6. Please specify the types of information that notices of contract

awards should contain in your country and identify the relevant
provisions in your legislation.

6.7. Please specify the relevant provisions in your legislation and/

or administrative procedures enabling, as foreseen in Article XVI:1 of
the Agreement, the provision of information to unsuccessful tenderers
regarding the reasons why a tender was not selected.

6.8. Please specify the procedures that your government will have in
place to ensure, as foreseen in Article XVII:1 of the Agreement, the prompt
provision to any other Party, on request, of any information necessary
to determine whether a procurement was conducted fairly, impartially

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and in accordance with the Agreement, including information on the
characteristics and relative advantages of the successful tender.

7. DOMESTIC REVIEW PROCEDURES

7.1. Please provide information on existing domestic review procedures.

7.2. Are there specific provisions enabling access of foreign suppliers to

domestic review procedures?

7.3. To the extent that this information does not fully respond to
the following points, please provide the supplementary information
necessary to do so:

a. The time-limit to launch a complaint contained in the Agreement

is "not less than 10 days" from the time when the basis of the
complaint is known or reasonably should have been known. What
are the limits in your domestic legislation?

b. What body is responsible for the domestic review procedures?

Is this a "court" or an "impartial and independent review body"?
If the latter:

i. How are its members selected?

ii. Are its decisions subject to judicial review?

iii. If not, how will the requirements of paragraph 6 of Article XVIII

of the Agreement be taken into account?

c. What is the applicable law by reference to which the review body

will examine complaints?

d. Which rapid interim measures are provided to correct breaches of

the Agreement and to preserve commercial opportunities?

i. Do these measures include the possibility to suspend the

procurement process? On what conditions?

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e. How do domestic review procedures provide for correction of

breaches of the Agreement and/or of your measures implementing
the Agreement? What types of compensation for loss or damages
suffered can the review body order?

f. Give any available information on the time‑periods for the stages

of the domestic review process, including to obtain interim
measures and a final decision.

g. What are the usual costs to conduct a domestic review procedure?

Are there possibilities foreseen to do so free of charge?

8. OTHER MATTERS

8.1. To what extent is information technology being used in the process

of government procurement? Are notices of intended procurement and/or
notices of contract awards published electronically? Please provide the
address of such electronic publications.

8.2. Is there a contact point in your country for responding to enquiries

from suppliers, other governments and the wider public relating to
laws, regulations and procedures and practices regarding government
procurement at the central and/or sub-central level? Please provide the
address.

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4. DECISION ON NOTIFICATION REQUIREMENTS UNDER
ARTICLES XIX AND XXII OF THE AGREEMENT*

Decision of 30 March 2012

The Committee on Government Procurement,

Considering the importance of transparency of laws and regulations

relevant to this Agreement, including changes thereto as required by
Article XXII:5 of the Agreement;

Considering also the importance of maintaining accurate lists of

entities covered under a Party’s Annexes to Appendix I of the Agreement,
in accordance with Article XIX of the Agreement;

Acknowledging the challenges to Parties of submitting timely

notifications to the Committee of changes to their laws and regulations
relevant to the Agreement, as required by Article XXII:5 of the Agreement,
and of proposed rectifications to its Annexes to Appendix I, as required by
Article XIX:1 of the Agreement;

Considering that the provisions of Article XIX of the Agreement

distinguish between notifications of proposed rectifications that do not
change the mutually agreed coverage provided for in the Agreement and
other types of proposed modifications of its Annexes to Appendix I;

Recognizing that technological changes have allowed many Parties to

make use of electronic means to provide information on their government
procurement regimes and to notify Parties of changes to that regime;

*
Decision of the Committee on Government Procurement of 30 March 2012 (Annex A to
Appendix 2 of GPA/113, of 2 April 2012), page 436.

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Hereby decides as follows:

Annual Notifications of Changes in Laws and Regulations

1. Where a Party maintains officially designated electronic media

that provide links to its current laws and regulations relevant to this
Agreement and its laws and regulations are available in one of the WTO
official languages, and such media are listed in Appendix II, the Party
may fulfil the requirement in Article XXII:5 by notifying the Committee
annually, at the end of the year, of any changes unless such changes are
substantive, that is, they may affect the Party’s obligations under the
Agreement; and in such cases, a notification shall be made immediately.

2. The Parties shall have an opportunity to discuss the annual

notification of a Party during the first informal meeting of the Committee
in the following year.

Proposed Rectifications of a Party’s Annexes to Appendix 1

3. The following changes to a Party’s Annexes to Appendix I shall be

considered a rectification under Article XIX of the Agreement:

(a) a change in the name of an entity;

(b) merger of two or more entities listed within an Annex; and

(c) the separation of an entity listed in an Annex into two or more

entities that are all added to the entities listed in the same Annex.

4. In the case of proposed rectifications to a Party’s Annexes under

Appendix I covered under paragraph 3, the Party shall notify the
Committee every two years, commencing with the entry into force of the
Protocol of Amendment to the Existing (1994) Agreement.

5. A Party may notify the Committee of an objection to a proposed

rectification within 45 days from the date of the circulation to the
Parties of the notification. In accordance with Article XIX:2, where a
Party submits an objection, it shall set out the reasons for the objection,
including the reasons why it believes the proposed rectification would

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affect the mutually agreed coverage under the Agreement and therefore
the proposed rectification is not subject to paragraph 3. If there is no
written objection, the proposed rectifications become effective 45 days
after the circulation of the notification, as provided for in Article XIX:5(a).

6. Within four years of the adoption of this Decision, the Parties

shall review its operation and effectiveness, and make any necessary
adjustments.

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5. DECISION ON ADOPTION OF WORK PROGRAMMES*

Decision of 30 March 2012

The Committee on Government Procurement,

Noting that pursuant to Article XXII:8(b), the Committee may adopt a

decision listing additional work programmes, which the Committee shall
undertake to facilitate the implementation of the Agreement and the
negotiations provided for in Article XXII:7 of the Agreement;

Decides as follows:

1. The following work programmes are added to the list of work

programmes on which the Committee shall conduct future work:

(a) a review of the use, transparency and the legal frameworks of

public-private partnerships, and their relationship to covered
procurement;

(b) the advantages and disadvantages of developing common

nomenclature for goods and services; and

(c) the advantages and disadvantages of developing standardized

notices.

2. The Committee shall develop the scope and timetable for each such
work programme at a later date.

3. The Committee shall periodically review this list of programmes and

make appropriate adjustments.

*
Decision of the Committee on Government Procurement of 30 March 2012 (Annex B to
Appendix 2 of GPA/113, of 2 April 2012), page 438.

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6. DECISION ON A WORK PROGRAMME ON SMES*

Decision of 30 March 2012

The Committee on Government Procurement,

Noting that Article XXII:8(a) of the Agreement on Government

Procurement (Agreement) provides that the Parties shall adopt and
periodically review a work programme, including a work programme on
small and medium-sized enterprises (SMEs);

Recognizing the importance of facilitating the participation of SMEs

in government procurement; and

Recognizing that Parties have agreed in Article XXII:6 to seek to avoid

introducing or continuing discriminatory measures that distort open
procurement;

Hereby adopts the following work programme with respect to SMEs:

1. Initiation of Work Programme on SMEs: At the first meeting of the

Committee after the entry into force of the Protocol of Amendment to
the Existing (1994) Agreement, the Committee shall initiate a Work
Programme on SMEs. The Committee shall review measures and policies
for SMEs that the Parties use to assist, promote, encourage, or facilitate
participation by SMEs in government procurement and prepare a report
of the results of the review.

2. Avoidance of Discriminatory SME Measures: The Parties shall avoid

introducing discriminatory measures that favour only domestic SMEs
and shall discourage the introduction of such measures and policies by
acceding Parties.

*
Decision of the Committee on Government Procurement of 30 March 2012 (Annex C to
Appendix 2 of GPA/113, of 2 April 2012), page 439.

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3. Transparency Programme and SME Survey

3.1 Transparency Programme

Upon entry into force of the Protocol of Amendment to the Existing

(1994) Agreement, the Parties that maintain in their Appendix I specific
provisions on SMEs, including set-asides, shall notify the Committee
of such measures and policies. The notification should include a full
description of the measures and policies, their relevant legal framework
together with their operation and the value of the procurement subject
to such measures. In addition, those Parties shall notify the Committee
of any substantial change in such measures and policies, in accordance
with Article XXII:5 of the Agreement.

3.2 SME Survey

(a) The Committee shall survey the Parties, through the use of a
questionnaire seeking information regarding the measures
and polices used to assist, promote, encourage, or facilitate
participation by SMEs in government procurement. The
questionnaire should seek information from each Party regarding:

(i) a description of the measures and policies used by the

Party, including the economic, social, and other goals of the
measures and policies and how they are administered;

(ii) how the Party defines SMEs;

(iii) the extent to which the Party has specialized agencies or

institutions to assist SMEs with respect to government
procurement;

(iv) the level of participation in government procurement in

terms of both value and number of contracts awarded to
SMEs;

(v) a description of SME subcontracting measures and policies,

including subcontracting goals, guarantees, and incentives;

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(vi) facilitation of SMEs participation in joint bidding (with other
large or small suppliers);

(vii) measures and policies focused on providing opportunities

for SMEs to participate in government procurement (such
as enhanced transparency and availability of government
procurement information to SMEs; simplifying qualifications
for participation in tendering; reducing contract sizes; and
ensuring timely payments for deliveries of goods and services);
and

(viii) the use of government procurement measures and policies to

stimulate SME innovation.

(b) Compilation of SME Survey by WTO Secretariat: The WTO

Secretariat shall fix a deadline for the transmission of the
responses to the questionnaire by all Parties to the WTO
Secretariat. Upon receipt of the responses, the Secretariat
shall prepare a compilation of the responses and circulate the
responses and the compilation to the Parties. The Secretariat
shall include a list of Parties with outstanding responses.

(c) Exchanges among Parties on Responses to SME Questionnaires:

On the basis of the document prepared by the WTO Secretariat,
the Committee shall establish a period for the exchange of
questions, requests for additional information, and comments on
the responses of the other Parties.

4. Assessment of the Results of SME Survey and Implementation of

Its Outcome

4.1 Assessment of the Results of SME Survey

The Committee shall identify the measures and policies that

it considers to be best practices for promoting and facilitating the
participation of SMEs of the Parties in government procurement and
prepare a report that includes the best practices of the measures and
policies and a list of the other measures.

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4.2 Implementation of the Outcome of the SME Survey

(a) The Parties shall promote the adoption of the best practices
identified in the assessment of the survey to encourage and
facilitate participation of SMEs of the Parties in government
procurement.

(b) With respect to other measures, the Committee shall encourage

the Parties that maintain such measures to review them with
a view to eliminating them or applying them to the SMEs of the
other Parties. These Parties shall inform the Committee about the
outcome of the review.

(c) The Parties that maintain other measures shall include the value
of the procurement subject to such measures in the statistics
that they submit to the Committee pursuant to Article XVI:4 of the
Agreement.

(d) Parties may request the inclusion of such other measures

in future negotiations under Article XXII:7 of the Agreement,
and such requests shall be favorably considered by the Party
maintaining such measures.

5. Review

Two years after the entry into force of the Protocol of Amendment to
the Existing (1994) Agreement, the Committee shall review the effect of
the best practices on expanding the participation of SMEs of the Parties
in government procurement, and consider whether other practices would
further enhance participation by SMEs. It may also consider the effect of
other measures on the participation by SMEs of the other Parties in the
government procurement of the Parties maintaining such measures.

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7. DECISION ON A WORK PROGRAMME ON THE COLLECTION
AND REPORTING OF STATISTICAL DATA*

Decision of 30 March 2012

The Committee on Government Procurement,

Noting that Article XXII:8(a) of the Agreement on Government

Procurement (Agreement) provides that the Parties shall adopt and
periodically review a work programme, including a work programme on
the collection and reporting of statistical data;

Considering the importance of the collection and reporting of

statistical data, as required by Article XVI:4 of the Agreement on
Government Procurement (Agreement), in providing transparency of
procurement covered under the Agreement;

Considering that statistical data that illustrate the extent to which

the Parties procure goods and services covered by the Agreement from
other Parties to the Agreement could be an important tool in encouraging
other WTO Members to accede to the Agreement;

Recognizing the overall challenges of Parties to the Agreement in

collecting data in the area of government procurement and in particular
in determining the country of origin of the goods and services that they
procure under the Agreement; and

Recognizing that Parties use different methodologies in their

collection of statistics to meet the reporting requirements in Article XVI:4
of the Agreement, and may use different methodologies in the collection
of data for central government entities and sub-central government
entities;

*
Decision of the Committee on Government Procurement of 30 March 2012 (Annex D to
Appendix 2 of GPA/113, of 2 April 2012), page 442.

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Hereby adopts the following work programme with respect to the

collection and reporting of statistical data:

1. Initiation of Work Programme on the Collection and Reporting of

Statistical Data: At the first meeting of the Committee after the entry
into force of the Protocol of Amendment to the Existing (1994) Agreement,
the Committee shall initiate a Work Programme on the Collection and
Reporting of Statistical Data. The Committee shall review the collection
and reporting of statistical data by the Parties, consider the potential of
harmonizing them, and prepare a report of the results.

2. Submission of Data by the Parties: The Committee shall agree on

a date by which each Party shall submit to the Committee the following
information with respect to statistical data on procurement covered by the
Agreement:

(a) a description of the methodology that it uses to collect, evaluate,

and report statistical data, above and below Agreement
thresholds and for procurement described in paragraph 4.2(c) of
the SME Work Programme, including whether it bases the data
on procurement covered by the Agreement on the full value of
awarded contracts or the total expenditure for procurement in a
given time-frame;

(b) whether the statistical data that it collects includes the country
of origin of the goods or services that are procured, and if so, how
it determines or estimates the country of origin, and the technical
impediments in collecting country of origin data;

(c) an explanation of the classifications used in statistical reports; and

(d) a description of the sources of data.

3. Compilation of Submissions: The Secretariat shall prepare a

compilation of the submissions and circulate the submissions and the
compilation to the Parties. The Secretariat shall include a list of Parties
with outstanding submissions.

4. Recommendations: The Committee shall review the submissions of

the Parties and make recommendations on:

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(a) whether the Parties should adopt a common method for collection
of statistics;

(b) whether the Parties are able to standardize the classifications in

the statistical data reported to the Committee;

(c) means for facilitating the collection of country of origin of goods

and services covered by the Agreement; and

(d) other technical issues in government procurement data reporting

raised by any Party.

5. The Committee shall develop, as appropriate, recommendations

relating to:

(a) potential harmonization of statistical reporting with the aim

of including government procurement statistics in the annual
reporting of the WTO;

(b) the Secretariat’s provision of technical assistance relating to

statistical reporting to WTO Members that are in the process of
acceding to the Agreement; and

(c) means of ensuring that WTO Members that are acceding to

the Agreement have the appropriate means for complying with
statistical data collection and reporting requirements.

6. Analysis of data: The Committee shall consider how the statistical

data submitted to the Secretariat annually by Parties may be used for
further analyses to facilitate greater understanding of the economic
importance of the Agreement, including the impact of thresholds on the
performance of the Agreement.

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8. DECISION ON A WORK PROGRAMME ON

SUSTAINABLE PROCUREMENT*

Decision of 30 March 2012

The Committee on Government Procurement,

Noting that Article XXII:8(a) of the Agreement on Government

Procurement (Agreement) provides that the Parties shall adopt and
periodically review a work programme, including a work programme on
sustainable procurement;

Recognizing that several Parties have developed national and

sub-national sustainable procurement policies;

Affirming the importance of ensuring that all procurement is

undertaken in accordance with the principles of non-discrimination and
transparency as reflected in the Agreement;

Hereby adopts a work programme with respect to sustainable

procurement:

1. Initiation of Work Programme on Sustainable Procurement: At the

first meeting of the Committee after the entry into force of the Protocol
of Amendment to the Existing (1994) Agreement, the Committee shall
initiate a Work Programme on Sustainable Procurement.

2. The work programme shall examine topics that include:

(a) the objectives of sustainable procurement;

(b) the ways in which the concept of sustainable procurement is

integrated into national and sub-national procurement policies;

(c) the ways in which sustainable procurement can be practiced in a

manner consistent with the principle of "best value for money"; and

*
Decision of the Committee on Government Procurement of 30 March 2012 (Annex E to
Appendix 2 of GPA/113, of 2 April 2012), page 444.

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(d) the ways in which sustainable procurement can be practiced in a
manner consistent with Parties’ international trade obligations.

3. The Committee shall identify measures and policies that it considers

to be sustainable procurement practiced in a manner consistent with
the principle of "best value for money" and with Parties’ international
trade obligations and prepare a report that lists the best practices of the
measures and policies.

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9. DECISION ON A WORK PROGRAMME ON EXCLUSIONS AND

RESTRICTIONS IN PARTIES’ ANNEXES*

Decision of 30 March 2012

The Committee on Government Procurement,

Noting that Article XXII:8(a) of the Agreement on Government

Procurement (Agreement) provides that the Parties shall adopt and
periodically review a work programme, including a work programme on
exclusions and restrictions in Parties’ Annexes;

Recognizing that Parties have included exclusions and restrictions in

their respective Annexes to Appendix I of the Agreement (exclusions and
restrictions);

Recognizing the importance of transparent measures regarding

government procurement; and

Considering the importance of progressively reducing and eliminating

exclusions and restrictions in future negotiations provided for in
Article XXII:7 of the Agreement;

Hereby adopts the following work programme with respect to

exclusions and restrictions in Parties’ Annexes:

1. Initiation of Work Programme on Exclusions and Restrictions:

At the first meeting of the Committee after the entry into force of the
Protocol of Amendment to the Existing (1994) Agreement, the Committee
shall initiate a Work Programme on Exclusions and Restrictions in
Parties’ Annexes with the objectives of:

(a) enhancing transparency with respect to the scope and effect

of exclusions and restrictions specified in Parties’ Annexes to
Appendix I to the Agreement; and

*
Decision of the Committee on Government Procurement of 30 March 2012 (Annex F to
Appendix 2 of GPA/113, of 2 April 2012), page 445.

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(b) providing information relating to exclusions and restrictions
to facilitate negotiations provided for in Article XXII:7 of the
Agreement.

2. Transparency Programme: Each Party shall submit to the

Committee, no later than six months following the initiation of the Work
Programme, a list of:

(a) country specific exclusions it maintains in its Annexes to Appendix

I to the Agreement; and

(b) any other exclusion or restriction specified in its Annexes

to Appendix I to the Agreement that falls within the scope
of Article II:2(e) of the Agreement, except for exclusions or
restrictions under review in the Work Programme on SMEs or
where a Party has a commitment to phase out an exclusion or
restriction in an Annex to Appendix I to the Agreement.

3. Compilation of Submissions: The Secretariat shall prepare a

compilation of the submissions and circulate the submissions and the
compilation to the Parties. The Secretariat shall include a list of Parties
with outstanding submissions.

4. Requests for Additional Information: Any Party may periodically

request additional information concerning any exclusion or restriction
within the scope of paragraph 2(a) and (b), including measures that fall
within the scope of any exclusion or restriction, their legal framework,
implementation policies and practices and the value of the procurement
subject to such measures. A Party receiving such a request shall
promptly provide the requested information.

5. Compilation of Additional Information: The Secretariat shall

prepare a compilation of the additional information in respect of any
Party and shall circulate it to the Parties.

6. Review by the Committee: At the annual meeting provided for

in Article XXI:3(a) of the Agreement, the Committee shall review the
information submitted by Parties with the view to determining whether it
provides:

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(a) the fullest possible degree of transparency with respect to the

exclusions and restrictions specified in Parties’ Annexes to
Appendix I to the Agreement; and

(b) satisfactory information to facilitate the negotiations provided for

in Article XXII:7 of the Agreement.

7. New Party Acceding to the Agreement: A new Party that accedes

to the Agreement shall submit to the Committee the list in paragraph 2
within six months of its accession.

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10. DECISION ON A WORK PROGRAMME ON
SAFETY STANDARDS IN INTERNATIONAL PROCUREMENT*

Decision of 30 March 2012

The Committee on Government Procurement,

Noting that Article XXII:8(a) of the Agreement on Government

Procurement (Agreement) provides that the Parties shall adopt and
periodically review a work programme, including a work programme on
safety standards in international procurement;

Noting that Article X:1 of the Agreement provides that procuring

entities "shall not prepare, adopt or apply any technical specification
with the purpose or the effect of creating unnecessary obstacles to
international trade";

Noting that Article III:2(a) of the Agreement does not prevent Parties
from imposing or enforcing measures necessary to protect of public
safety, provided that such measures are not applied in a manner that
would constitute a means of arbitrary or unjustified discrimination or a
disguised restriction on international trade;

Recognizing the need for a balanced approach between public safety

and unnecessary obstacles to international trade;

Recognizing that diverging practices among the Parties as regards

public safety may have an adverse effect on the performance of the
Agreement;

Hereby adopts the following work programme with respect to safety

standards:

1. Initiation of Work Programme on Safety Standards in International

Procurement: At the first meeting of the Committee after the entry into
force of the Protocol of Amendment to the Existing (1994) Agreement,
the Committee shall initiate a Work Programme on Safety Standards in
International Procurement.

*
Decision of the Committee on Government Procurement of 30 March 2012 (Annex G to
Appendix 2 of GPA/113, of 2 April 2012), page 447.

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2. The Work Programme shall examine topics with the view to sharing
best practices on items that include:

(a) The manner in which public safety concerns are addressed in

legislation, regulations and practices of the Parties and guidelines
relating to the implementation of the Agreement by procuring
entities;

(b) The relationship between the technical specifications provisions

in Article X and protection of public safety in Article III of the
Agreement and in the Parties’ Annexes to Appendix 1;

(c) The best practices that may be adopted to protect public safety
in light of the provisions on technical specifications and tender
documentation in Article X.

3. The Committee shall develop the scope and timetable for the
examination of each topic identified in paragraph 2. The Committee shall
prepare a report that summarizes the outcome of its examination of
these issues and lists the best practices identified in paragraph 2(c).

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11. DECISION ON ARBITRATION PROCEDURES PURSUANT TO
ARTICLE XIX:8 OF THE REVISED GPA*

The Committee on Government Procurement ("the Committee"),

Noting that Article XIX:8 of the Revised Agreement on Government

Procurement ("the Agreement") requires the Committee to develop
arbitration procedures to facilitate resolution of objections under
Article XIX:2 of the Agreement; and

Confirming the importance of Article XIX:8(b) and (c) of the

Agreement to these arbitration procedures and reiterating the Parties'
commitment to adopt decisions pursuant to Article XIX:8(b) and (c) of the
Agreement.

Hereby adopts the following arbitration procedures to facilitate the

resolution of objections under Article XIX:2 of the Agreement:

Invocation of Arbitration Procedures

1. Pursuant to Article XIX:7 of the Agreement, where the modifying Party

and an objecting Party are unable to resolve an objection to a proposed
modification under Article XIX:1 of the Agreement, the modifying Party or
any objecting Party may refer the proposed modification to arbitration,
stating the reasons for its request, by notifying the Committee no earlier
than 45 days after the date of circulation of the notification of the
proposed modification under Article XIX:1 of the Agreement.

2. Where two or more Parties refer the same proposed modification to

arbitration prior to the appointment of all the arbitrators, the modifying
Party and all objecting Parties shall agree to a single arbitration
addressing all objections to the same proposed modification. If
additional referrals on the same proposed modification are made
after the appointment of all the arbitrators, the modifying Party and all
objecting Parties shall agree to a single arbitration whenever feasible.

*
Decision of the Committee of 22 June 2016 (GPA/139, of 23 June 2016).

93
CGP

Appointment of the Arbitrators

3. Arbitration shall be carried out by arbitrators. Unless the Parties

to the arbitration otherwise agree, there shall be three arbitrators.
Arbitrators shall meet the requirements set out for panelists under
Articles 8(1), 8(2), and 8(9) of the Understanding on Rules and Procedures
Governing the Settlement of Disputes.

4. The Secretariat of the Committee shall on request from a Party to the

arbitration, propose nominations for the arbitrators. The Parties to the
arbitration shall not oppose nominations except for compelling reasons.
Citizens of the Parties to the arbitration and government officials of the
third Parties shall not be appointed as arbitrators, unless otherwise
agreed by the Parties to the arbitration.

5. Where the Parties to the arbitration cannot agree on who should

be appointed as arbitrators within 20 days after referring the proposed
modification to arbitration, at the request of a Party to the arbitration,
the Director-General shall appoint the arbitrators within 10 days, after
consulting Parties to the arbitration and the Chair of the Committee.

Third Party Participation

6. Any Party to the Agreement having a substantial interest in a

proposed modification brought to arbitration and having notified its
interest to the Committee (referred to herein as "third Party") within 10
days after the proposed modification being referred to arbitration shall
be invited to make a written submission, attend substantive meetings of
the arbitrators with the Parties to the arbitration, make oral statements,
and be entitled to respond to questions from the arbitrators.

94
 CGP
Procedures

7. In its proceedings, the arbitrators shall apply the relevant provisions

of the Agreement and be guided by the decision adopted by the
Committee in accordance with Article XIX:8(b) of the Agreement, once it is
adopted. In addition, the following working procedures shall apply:

a. The Secretariat of the Committee shall promptly transmit to

the arbitrators the applicable notification and objection under
paragraph 1 or 2 of Article XIX of the Agreement. Within 10 days
of the appointment of the arbitrators, and after consultations
with the Parties to the arbitration, the arbitrators shall adopt
a timetable for the conduct of the arbitration proceedings. The
timetable should be based on the timetable included in the Annex
to this Decision.

b. Unless the Parties to the arbitration agree that it is unnecessary,

the arbitrators shall hold a substantive meeting with the Parties to
the arbitration. Before the substantive meeting, the Parties to the
arbitration shall transmit to the arbitrators written submissions in
which they present the facts of the case and their arguments.

c. Where a Party to the arbitration submits information that it has

designated as confidential to the arbitrators, the arbitrators,
the other Parties to the arbitration and third Parties shall treat
that information as confidential. Upon request of a Party to the
arbitration, the arbitrators shall establish additional procedures
necessary to preserve the confidentiality of such information.¨

d. Where a Party to the arbitration designates information in its

written submissions as confidential, the Party shall, on request
of another Party to the arbitration or a third Party, provide a
non‑confidential summary of the information contained in its
submission that could be disclosed to the public.

e. At the substantive meeting, the arbitrators shall ask the Party

that has requested arbitration to present its case by making an
oral submission. The Party against which the arbitration has been
brought shall then be asked to present its point of view by making
an oral submission.

95
CGP

f. The substantive meetings of the arbitrators shall be open to

the public, except where a Party to the arbitration requests that
the meeting be closed to protect information designated as
confidential.

g. The arbitrators may, at any time, put questions to the Parties to

the arbitration and third Parties and ask them for explanations
either in the course of the meeting or in writing.

h. The written submissions of the Parties to the arbitration, including

any responses to questions put by the arbitrators, shall be made
available to the other Party or Parties to the arbitration as well as
to the third Parties. The Parties to the arbitration shall submit a
written version of their oral statements made at the meeting with
the arbitrators to the arbitrators, the other Party or Parties to the
arbitration and to the third Parties.

i. The written submissions, responses to questions, and written

versions of oral statements of the third Parties shall be made
available to the arbitrators, the Parties to the arbitration and other
third Parties, and shall be reflected in the arbitrators' report.

j. The deliberations of the arbitrators shall be kept confidential.

k. The arbitrators may seek information from any relevant source

and may consult experts. The arbitrators shall provide to the
Parties to the arbitration and third Parties any information
provided to or received from experts. The Parties to the arbitration
shall have an opportunity to comment on any input received from
experts.

l. Any additional procedures specific to the arbitration shall be

determined by the arbitrators in consultation with the Parties to the
arbitration.

m. Subject to paragraph 7.c., nothing in these procedures shall

preclude a Party to the arbitration or a third Party from disclosing
statements of its own positions to the public.

96
 CGP
8. The Rules of Conduct for the Understanding on Rules and
Procedures Governing the Settlement of Disputes shall apply to
each person serving as an arbitrator under these procedures and, as
specified in the Rules of Conduct and the relevant provisions of the Staff
Regulations, to those members of the Secretariat called upon to assist
the arbitrators.

9. Where Parties to the arbitration reach a mutually agreed solution

to objections to the proposed modification, they shall promptly notify
the arbitrators. Upon receipt of the notification, the arbitrators shall
terminate the proceedings for those Parties. The details of any mutually
agreed solution shall be notified to the Committee, where any Party to the
Agreement may comment.

Arbitrators' Determination

10. The terms of reference for the arbitrators shall require the arbitrators
to determine:

a. in the case of a proposed withdrawal under Article XIX:1(a) of the

Agreement, whether government control or influence over the
covered procurement of the entity proposed to be withdrawn has
been effectively eliminated; or

b. in the case of any other proposed modification under

Article XIX:1(b), whether the proposed modification maintains
a balance of rights and obligations and a comparable level of
mutually agreed coverage provided in the Agreement and, where
appropriate, the level of compensatory adjustment.

11. The arbitrators shall issue a report containing its reasoned

determination to the Parties to the arbitration within 90 days or, in the
event that the timetable is modified by the arbitrators, no later than 120
days of:

a. the appointment of the arbitrators where an arbitration is

conducted pursuant to paragraph 1.; or

b. the request where an arbitration is conducted pursuant to

paragraph 12.

97
CGP

The time period set out in this paragraph may be extended by mutual
agreement of the Parties to the arbitration. The Secretariat of the
Committee shall promptly circulate the report to the Parties to the
Agreement following translation.

12. Where the arbitrators make a negative determination under

paragraph 10.a., and where the arbitrators made no determination
of compensatory adjustment under paragraph 10.b., any Party to the
arbitration may request after 30 days and no later than 60 days following
the circulation of the arbitrators' report that the same arbitrators, where
available, shall determine the level of compensatory adjustment that
would result in a comparable level of coverage and maintain the balance
of rights and obligations under the Agreement. In doing so, the arbitrators
shall be guided by the decision adopted by the Committee in accordance
with Article XIX:8(c) of the Agreement, once it is adopted. Where any
of the original arbitrators are not available, a replacement shall be
appointed in accordance with paragraphs 3. to 5.

Implementation

13. The Parties to the arbitration shall accept the arbitrators'

determination as final.

14. For the purposes of Article XIX:7(b)(i) of the Agreement, the

arbitration procedures are completed:

a. when a report under paragraph 11. that does not give rise to the
right to further proceedings under paragraph 12. is circulated to
the Parties to the Agreement; or

b. where Parties to the arbitration do not exercise a right available to

them under paragraph 12., upon the expiration of the time period
set out in that paragraph.

98
 CGP
ANNEX

PROPOSED TIMETABLE FOR ARBITRATION

The arbitrators shall base the timetable adopted under paragraph 7.a. on
the following:

a. Receipt of written submissions of the Parties to the arbitration:

(1) Requesting Party: ---------- 2 weeks

(2) Responding Party: ---------- 2 weeks

b. Receipt of third party submissions: ---------- 1 week

c. Substantive meeting with the arbitrators: ----------1-2 weeks

d. Responses to questions to Parties and third

Parties to the arbitration: ---------- 1-2 weeks

e. Issuance and circulation of the arbitrators'

report on its determination: ---------- 4 weeks

Consistent with the provisions of paragraph 11., the arbitrators may

change the above timetable and may schedule additional meetings with
the Parties to the arbitration after consulting them.

99
CGP

12. RULES OF PROCEDURE FOR THE SELECTION OF THE

CHAIRPERSON OF THE WTO COMMITTEE ON GOVERNMENT
PROCUREMENT (THE "COMMITTEE")*

The Committee on Government Procurement,

Decides as follows:

1. The Parties shall select a Chairperson from among their

representatives to the Committee on Government Procurement on a
yearly basis.

2. The Parties may decide to extend the term of the Chairperson,

drawing on Chairperson’s work plan for the following year.

3. A candidate shall be selected as Chairperson on the basis of the

candidate’s capacity, experience, availability and competencies to
undertake the attendant responsibilities. The Chairperson will serve in a
personal capacity.

4. The outgoing Chairperson shall hold consultations to facilitate

the selection. If there is no Chairperson, the Parties may appoint, by
consensus, an interim Chairperson or invite the Party that provided the
previous Chairperson to hold such consultations.

5. Prior to or during the course of the consultations, the candidate(s) for

the position of the Chairperson shall be given an opportunity to present
proposed plans to the Parties for the period of chairing the Committee.

6. The appointment shall take place at the first regular Committee

meeting of the year. If the office of Chairperson becomes vacant in the
middle of a year, the Parties shall aim to find a replacement within the
shortest possible delay.

*
Decision of the Committee of 17 May 2023 (GPA/CD/3, of 17 May 2023).

100
 CGP
7. The appointment shall take effect at the end of the meeting provided
in the preceding paragraph. If there is no Chairperson at that time, it shall
take effect immediately.

8. The Chairperson shall hold office until the end of the first regular
meeting of the following calendar year, unless the Chairperson is no
longer able to serve or resigns at an earlier time.

9. If the Parties are unable to reach consensus on the selection of

a Chairperson, so that the Committee is prevented from fulfilling its
obligation to meet at least once a year, the Committee may appoint,
by consensus, an interim Chairperson from among the candidates, or
alternatively invite the Party that provided the previous Chairperson, to
temporarily facilitate the meetings of the Committee until such time as a
Chairperson can be appointed.

10. The Parties may decide to complement these rules of procedure

further. The rules of procedure may be reviewed within five years of their
adoption.

101
GATT 94

OTHER RELEVANT WTO AGREEMENTS

102
 GATT 94
1. Marrakesh Agreement Establishing the
World Trade Organization*
Article II

Scope of the WTO

1. The WTO shall provide the common institutional framework for the
conduct of trade relations among its Members in matters related to the
agreements and associated legal instruments included in the Annexes to
this Agreement.
…

3. The agreements and associated legal instruments included in

Annex 4 (hereinafter referred to as "Plurilateral Trade Agreements") are
also part of this Agreement for those Members that have accepted them,
and are binding on those Members. The Plurilateral Trade Agreements
do not create either obligations or rights for Members that have not
accepted them.
…

Article III

Functions of the WTO

1. The WTO shall facilitate the implementation, administration and

operation, and further the objectives, of this Agreement and of the
Multilateral Trade Agreements, and shall also provide the framework
for the implementation, administration and operation of the Plurilateral
Trade Agreements.
…

*
Marrakesh Agreement.

103
GATT 94

Article IV

Structure of the WTO

…

8. The bodies provided for under the Plurilateral Trade Agreements

shall carry out the functions assigned to them under those Agreements
and shall operate within the institutional framework of the WTO. These
bodies shall keep the General Council informed of their activities on a
regular basis.

Article IX

Decision-Making
…

5. Decisions under a Plurilateral Trade Agreement, including any

decisions on interpretations and waivers, shall be governed by the
provisions of that Agreement.

Article X

Amendments
…

9. The Ministerial Conference, upon the request of the Members parties

to a trade agreement, may decide exclusively by consensus to add that
agreement to Annex 4. The Ministerial Conference, upon the request of
the Members parties to a Plurilateral Trade Agreement, may decide to
delete that Agreement from Annex 4.

10. Amendments to a Plurilateral Trade Agreement shall be governed by

the provisions of that Agreement.…

104
 GATT 94
Article XII

Accession
…

3. Accession to a Plurilateral Trade Agreement shall be governed by the

provisions of that Agreement.

Article XIII

Non-Application of Multilateral Trade Agreements between

Particular Members
…

5. Non-application of a Plurilateral Trade Agreement between parties to

that Agreement shall be governed by the provisions of that Agreement.

Article XV

Withdrawal
…

2. Withdrawal from a Plurilateral Trade Agreement shall be governed by

the provisions of that Agreement.

Article XVI

Miscellaneous Provisions
…

5. No reservations may be made in respect of any provision of this

Agreement. Reservations in respect of any of the provisions of the
Multilateral Trade Agreements may only be made to the extent provided
for in those Agreements. Reservations in respect of a provision of a
Plurilateral Trade Agreement shall be governed by the provisions of that
Agreement.
…

105
GATT 94

2. General Agreement on Tariffs and

Trade (GATT 1994)*

Article I

General Most-Favoured-Nation Treatment

1. With respect to customs duties and charges of any kind imposed

on or in connection with importation or exportation or imposed on the
international transfer of payments for imports or exports, and with
respect to the method of levying such duties and charges, and with
respect to all rules and formalities in connection with importation and
exportation, and with respect to all matters referred to in paragraphs 2
and 4 of Article III*, any advantage, favour, privilege or immunity granted
by any contracting party to any product originating in or destined for
any other country shall be accorded immediately and unconditionally to
the like product originating in or destined for the territories of all other
contracting parties.
…

*
GATT 1994.
*
Footnote omitted.

106
 GATT 94
Article III*1

National Treatment on Internal Taxation and Regulation

1. The contracting parties recognize that internal taxes and other

internal charges, and laws, regulations and requirements affecting the
internal sale, offering for sale, purchase, transportation, distribution
or use of products, and internal quantitative regulations requiring
the mixture, processing or use of products in specified amounts or
proportions, should not be applied to imported or domestic products so
as to afford protection to domestic production.[**]

2. The products of the territory of any contracting party imported into

the territory of any other contracting party shall not be subject, directly
or indirectly, to internal taxes or other internal charges of any kind in
excess of those applied, directly or indirectly, to like domestic products.
Moreover, no contracting party shall otherwise apply internal taxes or
other internal charges to imported or domestic products in a manner
contrary to the principles set forth in paragraph 1.[***]

*
Any internal tax or other internal charge, or any law, regulation or requirement of the
kind referred to in paragraph 1 which applies to an imported product and to the like domestic
product and is collected or enforced in the case of the imported product at the time or point of
importation, is nevertheless to be regarded as an internal tax or other internal charge, or a law,
regulation or requirement of the kind referred to in paragraph 1, and is accordingly subject to
the provisions of Article III.
[**]
The application of paragraph 1 to internal taxes imposed by local governments and
authorities with the territory of a contracting party is subject to the provisions of the final
paragraph of Article XXIV. The term "reasonable measures" in the last-mentioned paragraph
would not require, for example, the repeal of existing national legislation authorizing local
governments to impose internal taxes which, although technically inconsistent with the letter
of Article III, are not in fact inconsistent with its spirit, if such repeal would result in a serious
financial hardship for the local governments or authorities concerned. With regard to taxation
by local governments or authorities which is inconsistent with both the letter and spirit of
Article III, the term "reasonable measures" would permit a contracting party to eliminate the
inconsistent taxation gradually over a transition period, if abrupt action would create serious
administrative and financial difficulties.
[***]
A tax conforming to the requirements of the first sentence of paragraph 2 would be
considered to be inconsistent with the provisions of the second sentence only in cases where
competition was involved between, on the one hand, the taxed product and, on the other hand,
a directly competitive or substitutable product which was not similarly taxed.

107
GATT 94

3. With respect to any existing internal tax which is inconsistent with

the provisions of paragraph 2, but which is specifically authorized under
a trade agreement, in force on April 10, 1947, in which the import duty
on the taxed product is bound against increase, the contracting party
imposing the tax shall be free to postpone the application of the provisions
of paragraph 2 to such tax until such time as it can obtain release from
the obligations of such trade agreement in order to permit the increase of
such duty to the extent necessary to compensate for the elimination of the
protective element of the tax.

4. The products of the territory of any contracting party imported into

the territory of any other contracting party shall be accorded treatment
no less favourable than that accorded to like products of national origin
in respect of all laws, regulations and requirements affecting their
internal sale, offering for sale, purchase, transportation, distribution or
use. The provisions of this paragraph shall not prevent the application of
differential internal transportation charges which are based exclusively
on the economic operation of the means of transport and not on the
nationality of the product.

5. No contracting party shall establish or maintain any internal

quantitative regulation relating to the mixture, processing or use of products
in specified amounts or proportions which requires, directly or indirectly,
that any specified amount or proportion of any product which is the subject
of the regulation must be supplied from domestic sources. Moreover, no
contracting party shall otherwise apply internal quantitative regulations in a
manner contrary to the principles set forth in paragraph 1.[****]

6. The provisions of paragraph 5 shall not apply to any internal

quantitative regulation in force in the territory of any contracting party
on July 1, 1939, April 10, 1947, or March 24, 1948, at the option of that
contracting party; Provided that any such regulation which is contrary to the

Regulations consistent with the provisions of the first sentence of paragraph 5 shall not
[****]

be considered to be contrary to the provisions of the second sentence in any case in which all
of the products subject to the regulations are produced domestically in substantial quantities.
A regulation cannot be justified as being consistent with the provisions of the second sentence on
the ground that the proportion or amount allocated to each of the products which are the subject
of the regulation constitutes an equitable relationship between imported and domestic products.

108
 GATT 94
provisions of paragraph 5 shall not be modified to the detriment of imports
and shall be treated as a customs duty for the purpose of negotiation.

7. No internal quantitative regulation relating to the mixture, processing

or use of products in specified amounts or proportions shall be applied
in such a manner as to allocate any such amount or proportion among
external sources of supply.

8. (a) The provisions of this Article shall not apply to laws, regulations
or requirements governing the procurement by governmental agencies
of products purchased for governmental purposes and not with a view
to commercial resale or with a view to use in the production of goods for
commercial sale.

(b) The provisions of this Article shall not prevent the payment
of subsidies exclusively to domestic producers, including payments
to domestic producers derived from the proceeds of internal taxes or
charges applied consistently with the provisions of this Article and
subsidies effected through governmental purchases of domestic
products.

9. The contracting parties recognize that internal maximum price

control measures, even though conforming to the other provisions of
this Article, can have effects prejudicial to the interests of contracting
parties supplying imported products. Accordingly, contracting parties
applying such measures shall take account of the interests of exporting
contracting parties with a view to avoiding to the fullest practicable
extent such prejudicial effects.

10. The provisions of this Article shall not prevent any contracting
party from establishing or maintaining internal quantitative regulations
relating to exposed cinematograph films and meeting the requirements
of Article IV.

109
GATT 94

Article XVII

State Trading Enterprises

1.*5 (a) Each contracting party undertakes that if it establishes

or maintains a State enterprise, wherever located, or grants to any
enterprise, formally or in effect, exclusive or special privileges,[**]6such
enterprise shall, in its purchases or sales involving either imports
or exports, act in a manner consistent with the general principles
of non‑discriminatory treatment prescribed in this Agreement for
governmental measures affecting imports or exports by private traders.

(b) The provisions of subparagraph (a) of this paragraph shall be

understood to require that such enterprises shall, having due regard
to the other provisions of this Agreement, make any such purchases or
sales solely in accordance with commercial considerations,[***]7including
price, quality, availability, marketability, transportation and other
conditions of purchase or sale, and shall afford the enterprises of the
other contracting parties adequate opportunity, in accordance with
customary business practice, to compete for participation in such
purchases or sales.

(c) No contracting party shall prevent any enterprise (whether

or not an enterprise described in subparagraph (a) of this paragraph)
under its jurisdiction from acting in accordance with the principles of
subparagraphs (a) and (b) of this paragraph.

*
The operations of Marketing Boards, which are established by contracting parties and are
engaged in purchasing or selling, are subject to the provisions of subparagraphs (a) and (b).
The activities of Marketing Boards which are established by contracting parties and which do
not purchase or sell but lay down regulations covering private trade are governed by the relevant
Articles of this Agreement.
The charging by a state enterprise of different prices for its sales of a product in different
markets is not precluded by the provisions of this Article, provided that such different prices are
charged for commercial reasons, to meet conditions of supply and demand in export markets.
[**]
Governmental measures imposed to insure standards of quality and efficiency in the
operation of external trade, or privileges granted for the exploitation of national natural
resources but which do not empower the government to exercise control over the trading
activities of the enterprise in question, do not constitute "exclusive or special privileges".
A country receiving a "tied loan" is free to take this loan into account as a "commercial
[***]

consideration" when purchasing requirements abroad.

110
 GATT 94
2. The provisions of paragraph 1 of this Article shall not apply
to imports of products for immediate or ultimate consumption in
governmental use and not otherwise for resale or use in the production
of goods[****]8for sale. With respect to such imports, each contracting
party shall accord to the trade of the other contracting parties fair and
equitable treatment.
…

The term "goods" is limited to products as understood in commercial practice, and is not
[****]

intended to include the purchase or sale of services.

111
 3. Agreement on Agriculture*
Annex 2: Domestic Support: the Basis for Exemption from the
Reduction Commitments
AOA

3. Public stockholding for food security purposes5

Expenditures (or revenue foregone) in relation to the accumulation

and holding of stocks of products which form an integral part of a
food security programme identified in national legislation. This may
include government aid to private storage of products as part of such a
programme.

The volume and accumulation of such stocks shall correspond to

predetermined targets related solely to food security. The process of
stock accumulation and disposal shall be financially transparent. Food
purchases by the government shall be made at current market prices and
sales from food security stocks shall be made at no less than the current
domestic market price for the product and quality in question.
…

*
Agreement on Agriculture.
5
For the purposes of paragraph 3 of this Annex, governmental stockholding programmes for
food security purposes in developing countries whose operation is transparent and conducted
in accordance with officially published objective criteria or guidelines shall be considered to be
in conformity with the provisions of this paragraph, including programmes under which stocks
of foodstuffs for food security purposes are acquired and released at administered prices,
provided that the difference between the acquisition price and the external reference price is
accounted for in the AMS.

112
4. Agreement on Technical Barriers to
Trade*
Article I: General Provisions

TBT
1.4 Purchasing specifications prepared by governmental bodies for
production or consumption requirements of governmental bodies are
not subject to the provisions of this Agreement but are addressed in the
Agreement on Government Procurement, according to its coverage.
…

*
Agreement on Technical Barriers to Trade.

113
 5. General Agreement on Trade in
Services*
Article II: Most-Favoured-Nation Treatment

1. With respect to any measure covered by this Agreement, each

Member shall accord immediately and unconditionally to services and
service suppliers of any other Member treatment no less favourable than
that it accords to like services and service suppliers of any other country.
GATS

2. A Member may maintain a measure inconsistent with paragraph 1

provided that such a measure is listed in, and meets the conditions of, the
Annex on Article II Exemptions.

3. The provisions of this Agreement shall not be so construed as

to prevent any Member from conferring or according advantages to
adjacent countries in order to facilitate exchanges limited to contiguous
frontier zones of services that are both locally produced and consumed.

Article XIII: Government Procurement

1. Articles II, XVI and XVII shall not apply to laws, regulations or
requirements governing the procurement by governmental agencies
of services purchased for governmental purposes and not with a view
to commercial resale or with a view to use in the supply of services for
commercial sale.

2. There shall be multilateral negotiations on government procurement

in services under this Agreement within two years from the date of entry
into force of the WTO Agreement.

*
General Agreement on Trade in Services.

114
Article XVI: Market Access

1. With respect to market access through the modes of supply

identified in Article I, each Member shall accord services and service
suppliers of any other Member treatment no less favourable than that
provided for under the terms, limitations and conditions agreed and
specified in its Schedule.8

2. In sectors where market-access commitments are undertaken, the

measures which a Member shall not maintain or adopt either on the

GATS
basis of a regional subdivision or on the basis of its entire territory, unless
otherwise specified in its Schedule, are defined as:

(a) limitations on the number of service suppliers whether in the form

of numerical quotas, monopolies, exclusive service suppliers or
the requirements of an economic needs test;

(b) limitations on the total value of service transactions or assets in

the form of numerical quotas or the requirement of an economic
needs test;

(c) limitations on the total number of service operations or on the

total quantity of service output expressed in terms of designated
numerical units in the form of quotas or the requirement of an
economic needs test;9

(d) limitations on the total number of natural persons that may be

employed in a particular service sector or that a service supplier
may employ and who are necessary for, and directly related to, the
supply of a specific service in the form of numerical quotas or the
requirement of an economic needs test;

8
If a Member undertakes a market-access commitment in relation to the supply of a service
through the mode of supply referred to in subparagraph 2(a) of Article I and if the cross-border
movement of capital is an essential part of the service itself, that Member is thereby committed to
allow such movement of capital. If a Member undertakes a market-access commitment in relation
to the supply of a service through the mode of supply referred to in subparagraph 2(c) of Article I,
it is thereby committed to allow related transfers of capital into its territory.
9
Subparagraph 2(c) does not cover measures of a Member which limit inputs for the supply of
services.

115
 (e) measures which restrict or require specific types of legal entity
or joint venture through which a service supplier may supply a
service; and

(f) limitations on the participation of foreign capital in terms of

maximum percentage limit on foreign shareholding or the total
value of individual or aggregate foreign investment.

Article XVII: National Treatment

GATS

1. In the sectors inscribed in its Schedule, and subject to any conditions

and qualifications set out therein, each Member shall accord to services
and service suppliers of any other Member, in respect of all measures
affecting the supply of services, treatment no less favourable than that it
accords to its own like services and service suppliers.10

2. A Member may meet the requirement of paragraph 1 by according

to services and service suppliers of any other Member, either formally
identical treatment or formally different treatment to that it accords to
its own like services and service suppliers.

3. Formally identical or formally different treatment shall be considered

to be less favourable if it modifies the conditions of competition in favour
of services or service suppliers of the Member compared to like services
or service suppliers of any other Member.

10
Specific commitments assumed under this Article shall not be construed to require any
Member to compensate for any inherent competitive disadvantages which result from the
foreign character of the relevant services or service suppliers.

116
6. Agreement on Trade in Civil Aircraft*
Article 4

Government-Directed Procurement, Mandatory

Sub-Contracts and Inducements

4.1 Purchasers of civil aircraft should be free to select suppliers on the

basis of commercial and technological factors.

4.2 Signatories shall not require airlines, aircraft manufacturers,

or other entities engaged in the purchase of civil aircraft, nor exert

TCA
unreasonable pressure on them, to procure civil aircraft from any
particular source, which would create discrimination against suppliers
from any Signatory.

4.3 Signatories agree that the purchase of products covered by

this Agreement should be made only on a competitive price, quality
and delivery basis. In conjunction with the approval or awarding of
procurement contracts for products covered by this Agreement a
Signatory may, however, require that its qualified firms be provided with
access to business opportunities on a competitive basis and on terms
no less favourable than those available to the qualified firms of other
Signatories.4

4.4 Signatories agree to avoid attaching inducements of any kind to the

sale or purchase of civil aircraft from any particular source which would
create discrimination against suppliers from any Signatory.
…

4
Use of the phrase "access to business opportunities ... on terms no less favourable ..." does
not mean that the amount of contracts awarded to the qualified firms of one Signatory entitles
the qualified firms of other Signatories to contracts of a similar amount.
*
Agreement on Trade in Civil Aircraft.

117
 7. Understanding on Rules and Procedures
Governing the Settlement of Disputes
(DSU)*
Article 1: Coverage and Application

1. The rules and procedures of this Understanding shall apply to

disputes brought pursuant to the consultation and dispute settlement
provisions of the agreements listed in Appendix 1 to this Understanding
(referred to in this Understanding as the "covered agreements").
The rules and procedures of this Understanding shall also apply to
consultations and the settlement of disputes between Members
concerning their rights and obligations under the provisions of the
DSU

Agreement Establishing the World Trade Organization (referred to in

this Understanding as the "WTO Agreement") and of this Understanding
taken in isolation or in combination with any other covered agreement.

2. The rules and procedures of this Understanding shall apply subject

to such special or additional rules and procedures on dispute settlement
contained in the covered agreements as are identified in Appendix 2 to
this Understanding. To the extent that there is a difference between the
rules and procedures of this Understanding and the special or additional
rules and procedures set forth in Appendix 2, the special or additional
rules and procedures in Appendix 2 shall prevail. In disputes involving
rules and procedures under more than one covered agreement, if there
is a conflict between special or additional rules and procedures of such
agreements under review, and where the parties to the dispute cannot
agree on rules and procedures within 20 days of the establishment of
the panel, the Chairman of the Dispute Settlement Body provided for in
paragraph 1 of Article 2 (referred to in this Understanding as the "DSB"),
in consultation with the parties to the dispute, shall determine the rules
and procedures to be followed within 10 days after a request by either
Member. The Chairman shall be guided by the principle that special or
additional rules and procedures should be used where possible, and the
rules and procedures set out in this Understanding should be used to the
extent necessary to avoid conflict.

*
Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU).

118
Article 2: Administration

1. The Dispute Settlement Body is hereby established to administer

these rules and procedures and, except as otherwise provided in a
covered agreement, the consultation and dispute settlement provisions
of the covered agreements. Accordingly, the DSB shall have the authority
to establish panels, adopt panel and Appellate Body reports, maintain
surveillance of implementation of rulings and recommendations, and
authorize suspension of concessions and other obligations under the
covered agreements. With respect to disputes arising under a covered
agreement which is a Plurilateral Trade Agreement, the term "Member"
as used herein shall refer only to those Members that are parties to the
relevant Plurilateral Trade Agreement. Where the DSB administers the
dispute settlement provisions of a Plurilateral Trade Agreement, only
those Members that are parties to that Agreement may participate in

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decisions or actions taken by the DSB with respect to that dispute.
…

Article 22: Compensation and the Suspension of Concessions

…

3. In considering what concessions or other obligations to suspend, the

complaining party shall apply the following principles and procedures:

(a) the general principle is that the complaining party should first
seek to suspend concessions or other obligations with respect to
the same sector(s) as that in which the panel or Appellate Body
has found a violation or other nullification or impairment;

(b) if that party considers that it is not practicable or effective to

suspend concessions or other obligations with respect to the
same sector(s), it may seek to suspend concessions or other
obligations in other sectors under the same agreement;

(c) if that party considers that it is not practicable or effective to

suspend concessions or other obligations with respect to other
sectors under the same agreement, and that the circumstances
are serious enough, it may seek to suspend concessions or other
obligations under another covered agreement;

119
 (d) in applying the above principles, that party shall take into account:

(i) the trade in the sector or under the agreement under which
the panel or Appellate Body has found a violation or other
nullification or impairment, and the importance of such trade
to that party;

(ii) the broader economic elements related to the nullification or

impairment and the broader economic consequences of the
suspension of concessions or other obligations;

(e) if that party decides to request authorization to suspend

concessions or other obligations pursuant to subparagraphs
(b) or (c), it shall state the reasons therefor in its request. At the
same time as the request is forwarded to the DSB, it also shall
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be forwarded to the relevant Councils and also, in the case of

a request pursuant to subparagraph (b), the relevant sectoral
bodies;

(f) for purposes of this paragraph, "sector" means:

(i) with respect to goods, all goods;

(ii) with respect to services, a principal sector as identified in the

current "Services Sectoral Classification List" which identifies
such sectors;14

(iii) with respect to trade-related intellectual property rights, each

of the categories of intellectual property rights covered in
Section 1, or Section 2, or Section 3, or Section 4, or Section
5, or Section 6, or Section 7 of Part II, or the obligations under
Part III, or Part IV of the Agreement on TRIPS;

14
The list in document MTN.GNS/W/120 identifies eleven sectors.

120
 (g) for purposes of this paragraph, "agreement" means:

(i) with respect to goods, the agreements listed in Annex 1A

of the WTO Agreement, taken as a whole as well as the
Plurilateral Trade Agreements in so far as the relevant parties
to the dispute are parties to these agreements;

(ii) with respect to services, the GATS;

(iii) with respect to intellectual property rights, the Agreement on

TRIPS.
…

DSU

121
 Appendix 1: Agreements covered by the Understanding

(A) Agreement Establishing the World Trade Organization

(B) Multilateral Trade Agreements

Annex 1A: Multilateral Agreements on Trade in Goods

Annex 1B: General Agreement on Trade in Services
Annex 1C: Agreement on Trade-Related Aspects of Intellectual
Property Rights

Annex 2: Understanding on Rules and Procedures Governing the

Settlement of Disputes

(C) Plurilateral Trade Agreements

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Annex 4: Agreement on Trade in Civil Aircraft

Agreement on Government Procurement
International Dairy Agreement
International Bovine Meat Agreement

The applicability of this Understanding to the Plurilateral Trade

Agreements shall be subject to the adoption of a decision by the parties
to each agreement setting out the terms for the application of the
Understanding to the individual agreement, including any special or
additional rules or procedures for inclusion in Appendix 2, as notified to
the DSB.

122
Appendix 2

Special or additional rules and procedures contained in

the covered agreements

Agreement Rules and Procedures

Agreement on the Application of

Sanitary and Phytosanitary Measures 11.2

Agreement on Textiles and Clothing 2.14, 2.21, 4.4, 5.2,

5.4, 5.6, 6.9, 6.10,
6.11, 8.1 through 8.12

Agreement on Technical Barriers to Trade 14.2 through 14.4,

DSU
Annex 2

Agreement on Implementation of
Article VI of GATT 1994 17.4 through 17.7

Agreement on Implementation of
Article VII of GATT 1994 19.3 through 19.5,
Annex II.2(f), 3, 9, 21

Agreement on Subsidies and

Countervailing Measures 4.2 through 4.12, 6.6,
7.2 through 7.10, 8.5,
footnote 35, 24.4,
27.7, Annex V

General Agreement on Trade in Services XXII:3, XXIII:3

Annex on Financial Services 4
Annex on Air Transport Services 4

Decision on Certain Dispute Settlement

Procedures for the GATS 1 through 5

123
 The list of rules and procedures in this Appendix includes provisions
where only a part of the provision may be relevant in this context.

Any special or additional rules or procedures in the Plurilateral Trade

Agreements as determined by the competent bodies of each agreement
and as notified to the DSB.

124
125
 RELEVANT DECISIONS AND OTHER
DOCUMENTS OF OTHER WTO COMMITTEES
MIN

126
1. Ministerial Decision on Accession to the
Agreement on Government Procurement*
Ministerial Decision of 15 December 1993

1. Ministers invite the Committee on Government Procurement

established under the Agreement on Government Procurement in Annex
4(b) of the Agreement Establishing the World Trade Organization to clarify
that:

(a) a Member interested in accession according to paragraph 2

of Article XXIV of the Agreement on Government Procurement
would communicate its interest to the Director-General of the
WTO, submitting relevant information, including a coverage offer
for incorporation in Appendix I having regard to the relevant
provisions of the Agreement, in particular Article I and, where
appropriate, Article V;

MIN
(b) the communication would be circulated to Parties to the
Agreement;

(c) the Member interested in accession would hold consultations with

the Parties on the terms for its accession to the Agreement;

(d) with a view to facilitating accession, the Committee would

establish a working party if the Member in question, or any of the
Parties to the Agreement, so requests. The working party should
examine: (i) the coverage offer made by the applicant Member;
and (ii) relevant information pertaining to export opportunities
in the markets of the Parties, taking into account the existing
and potential export capabilities of the applicant Member and
export opportunities for the Parties in the market of the applicant
Member;

*
Decision on Accession to the Agreement on Government Procurement.

127
 (e) upon a decision by the Committee agreeing to the terms of
accession including the coverage lists of the acceding Member,
the acceding Member would deposit with the Director-General
of the WTO an instrument of accession which states the terms so
agreed. The acceding Member’s coverage lists in English, French
and Spanish would be appended to the Agreement;

(f) prior to the date of entry into force of the WTO Agreement, the
above procedures would apply mutatis mutandis to contracting
parties to the GATT 1947 interested in accession, and the tasks
assigned to the Director-General of the WTO would be carried
out by the Director-General to the CONTRACTING PARTIES to the
GATT 1947.

2. It is noted that Committee decisions are arrived at on the basis of

consensus. It is also noted that the non-application clause of paragraph
11 of Article XXIV is available to any Party.
MIN

128
 2. MINISTERIAL DECISION ON PUBLIC STOCKHOLDING
FOR FOOD SECURITY PURPOSES*

Ministerial decision of 7 December 2013

The Ministerial Conference,

Having regard to paragraph 1 of Article IX of the Marrakesh Agreement

Establishing the World Trade Organization;

Decides as follows:

1. Members agree to put in place an interim mechanism as set out

below, and to negotiate on an agreement for a permanent solution1, for
the issue of public stockholding for food security purposes for adoption
by the 11th Ministerial Conference.

2. In the interim, until a permanent solution is found, and provided

MIN
that the conditions set out below are met, Members shall refrain
from challenging through the WTO Dispute Settlement Mechanism,
compliance of a developing Member with its obligations under Articles
6.3 and 7.2 (b) of the Agreement on Agriculture (AoA) in relation to
support provided for traditional staple food crops2 in pursuance of public
stockholding programmes for food security purposes existing as of the
date of this Decision, that are consistent with the criteria of paragraph 3,
footnote 5, and footnote 5&6 of Annex 2 to the AoA when the developing
Member complies with the terms of this Decision3.

*
Ministerial Decision of 7 December 2013 (WT/MIN(13)/38; WT/L/913, of 11 December 2013)
1
The permanent solution will be applicable to all developing Members.
2
This term refers to primary agricultural products that are predominant staples in the
traditional diet of a developing Member.
3
This Decision does not preclude developing Members from introducing programmes of
public stockholding for food security purposes in accordance with the relevant provisions of the
Agreement on Agriculture.

129
 NOTIFICATION AND TRANSPARENCY

3. A developing Member benefiting from this Decision must:

a. have notified the Committee on Agriculture that it is exceeding or

is at risk of exceeding either or both of its Aggregate Measurement
of Support (AMS) limits (the Member’s Bound Total AMS or the
de minimis level) as result of its programmes mentioned above;

b. have fulfilled and continue to fulfil its domestic support

notification requirements under the AoA in accordance with
document G/AG/2 of 30 June 1995, as specified in the Annex;

c. have provided, and continue to provide on an annual basis,

additional information by completing the template contained
in the Annex, for each public stockholding programme that it
maintains for food security purposes; and
MIN

d. provide any additional relevant statistical information described

in the Statistical Appendix to the Annex as soon as possible after
it becomes available, as well as any information updating or
correcting any information earlier submitted.

ANTI-CIRCUMVENTION/SAFEGUARDS

4. Any developing Member seeking coverage of programmes under

paragraph 2 shall ensure that stocks procured under such programmes
do not distort trade or adversely affect the food security of other
Members.

130
 3. MINISTERIAL DECISION ON WORLD FOOD PROGRAMME
FOOD PURCHASES EXEMPTION FROM EXPORT
PROHIBITIONS OR RESTRICTIONS*

Adopted on 17 June 2022

The Ministerial Conference,

Having regard to paragraph 1 of Article IX of the Marrakesh Agreement

Establishing the World Trade Organization;

Pursuant to Article 12 of the Agreement on Agriculture and Article XI of

the GATT 1994;

In view of the critical humanitarian support provided by the World Food

Programme, made more urgent as global hunger levels have increased
sharply;

MIN
With the understanding that the World Food Programme always takes
procurement decisions on the basis of its principles to "do no harm" to
the supplying Member and promote local and regional food procurement;

Decides as follows:

1. Members shall not impose export prohibitions or restrictions on

foodstuffs purchased for non-commercial humanitarian purposes by the
World Food Programme.

2. This Decision shall not be construed to prevent the adoption by any

Member of measures to ensure its domestic food security in accordance
with the relevant provisions of the WTO agreements.

*
Decision of 17 June 2022 (WT/MIN(22)/29; WT/L/1149, of 22 June 2022)

131
 4. GENERAL COUNCIL DECISION ON ACCESSION OF
LEAST-DEVELOPED COUNTRIES*

Decision of 10 December 2002

The General Council,

Having regard to paragraph 2 of Article IV and paragraph 1 of

Article XII of the Marrakesh Agreement Establishing the World Trade
Organization (the "WTO Agreement"), the commitment made by Ministers,
in paragraph 42 of the Doha Ministerial Declaration of 14 November
2001, to facilitate and accelerate the accession negotiations with
acceding least-developed countries (LDCs), and the Decision-Making
Procedures under Article IX and XII of the WTO Agreement agreed by the
General Council (WT/L/93);

Considering the relevant provisions of the WTO Multilateral Trade

Agreements, as well as Ministerial Decisions, and WTO legal instruments,
on special and differential treatment for developing and least-developed
countries;
GC

Conducting the function of the Ministerial Conference in the interval

between meetings pursuant to paragraph 2 of Article IV of the WTO
Agreement;

Recalling that the Director General shall submit a status report to the
Fifth Ministerial Conference on the "Implementation of the commitment
by Ministers to facilitate and accelerate the accession of LDCs";

Noting with concern that no LDC has acceded to the Organization in

accordance with Article XII of the WTO Agreement since 1995;

Recognizing the need to build on recent progress and for further

positive efforts designed to assist LDCs to participate in the rules-based
multilateral trading system, as embodied by the WTO and its Agreements;

* Decision of 10 December 2002 (WT/L/508, of 20 January 2003)

132
 Taking into account the commitments undertaken by LDC WTO
Members at similar levels of development;

Also taking into account the statements made on the accession of

LDCs to the WTO:

- By Ministers in the Integrated WTO Plan of Action for the

LDCs adopted at the Singapore Ministerial Conference on
13 December 1996;

- by WTO Members at the High Level Meeting on Integrated

Initiatives for LDCs’ Trade Development on 27-28 October 1997; and

- by the Third United Nations Conference on Least-Developed

Countries (LDC-III) in the Brussels Declaration and Programme of
Action;

- by LDC Ministers in their Zanzibar Declaration of 24 July 2001; and

Pursuant to the follow-up work undertaken by Members with the

adoption of the WTO Work Programme for LDCs on 12 February 2002

GC
(WT/COMTD/LDC/11);

Decides that:

1. Negotiations for the accession of LDCs to the WTO, be facilitated and

accelerated through simplified and streamlined accession procedures,
with a view to concluding these negotiations as quickly as possible, in
accordance with the guidelines set out hereunder:

I. MARKET ACCESS

- WTO Members shall exercise restraint in seeking concessions

and commitments on trade in goods and services from acceding
LDCs, taking into account the levels of concessions and
commitments undertaken by existing WTO LDCs’ Members;

133
 - acceding LDCs shall offer access through reasonable
concessions and commitments on trade in goods and services
commensurate with their individual development, financial and
trade needs, in line with Article XXXVI.8 of GATT 1994, Article 15
of the Agreement on Agriculture, and Articles IV and XIX of the
General Agreement on Trade in Services.

II. WTO RULES

- Special and Differential Treatment, as set out in the Multilateral

Trade Agreements, Ministerial Decisions, and other relevant
WTO legal instruments, shall be applicable to all acceding LDCs,
from the date of entry into force of their respective Protocols of
Accession;

- transitional periods/transitional arrangements foreseen

under specific WTO Agreements, to enable acceding LDCs to
effectively implement commitments and obligations, shall be
granted in accession negotiations taking into account individual
development, financial and trade needs;
GC

- transitional periods/arrangements shall be accompanied by

Action Plans for compliance with WTO rules. The implementation
of the Action Plans shall be supported by Technical Assistance
and Capacity Building measures for the acceding LDCs’. Upon
the request of an acceding LDC, WTO Members may coordinate
efforts to guide that LDC through the implementation process;

- commitments to accede to any of the Plurilateral Trade

Agreements or to participate in other optional sectoral market
access initiatives shall not be a precondition for accession to
the Multilateral Trade Agreements of the WTO. As provided in
paragraph 5 of Article IX and paragraph 3 of Article XII of the WTO
Agreement, decisions on the Plurilateral Trade Agreements shall
be adopted by the Members of, and governed by the provisions
in, those Agreements. WTO Members may seek to ascertain
acceding LDCs interests in the Plurilateral Trade Agreements.

134
III. PROCESS

- The good offices of the Director-General shall be available to

assist acceding LDCs and Chairpersons of the LDCs’ Accession
Working Parties in implementing this decision;

- efforts shall continue to be made, in line with information

technology means and developments, including in LDCs
themselves, to expedite documentation exchange and streamline
accession procedures for LDCs to make them more effective
and efficient, and less onerous. The Secretariat will assist in
this regard. Such efforts will, inter-alia, be based upon the WTO
Reference Centres that are already operational in acceding LDCs;

- WTO Members may adopt additional measures in their bilateral

negotiations to streamline and facilitate the process, e.g., by
holding bilateral negotiations in the acceding LDC if so requested;

- upon request, WTO Members may through coordinated,

concentrated and targeted technical assistance from an early
stage facilitate the accession of an acceding LDC.

GC
IV. TRADE-RELATED TECHNICAL ASSISTANCE AND CAPACITY BUILDING

- Targeted and coordinated technical assistance and capacity

building, by WTO and other relevant multilateral, regional and
bilateral development partners, including inter alia under the
Integrated Framework (IF), shall be provided, on a priority basis,
to assist acceding LDCs. Assistance shall be accorded with the
objective of effectively integrating the acceding LDC into the
multilateral trading system;

- effective and broad-based technical cooperation and capacity

building measures shall be provided, on a priority basis, to cover
all stages of the accession process, i.e. from the preparation of
documentation to the setting up of the legislative infrastructure
and enforcement mechanisms, considering the high costs
involved and in order to enable the acceding LDC to benefit from
and comply with WTO rights and obligations.

135
 2. The implementation of these guidelines shall be reviewed regularly
in the agenda of the Sub‑Committee on LDCs. The results of this review
shall be included in the Annual Report of the Committee on Trade and
Development to the General Council. In pursuance of their commitments
on LDCs’ accessions in the Doha Ministerial Declaration, Ministers will
take stock of the situation at the Fifth Ministerial Conference and, as
appropriate, at subsequent Ministerial Conferences.
GC

136
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