RESTRICTEDWORLD TRADE
ORGANIZATIONGPA/MOD/USA/1*
15 January 2004
(04-0123)
Committee on Government Procurement Original:  English
PROPOSED MODIFICATIONS TO APPENDIX I OF THE UNITED STATES
Notification from the United States under Article XXIV:61 of the GPA
The following notification, dated 13 January 2004, from the Delegation of the United States is
being circulated to the Parties to the Agreement on Government Procurement.
_______________
I. INTRODUCTION
Pursuant to Article XXIV:6 of the Agreement on Government Procurement (GPA), the
United States proposes the following modifications  to Annex 1 of Appendix I of the Agreement.
These modifications reflect recent changes in the administrative structure of the Federal Government.
II. PROPOSED MODIFICATIONS
1. Proposed Addition of the Department of Homeland Security:
The United States proposes to add the Department of Homeland Security (DHS), which was
established pursuant to the Homeland Security Ac t of 2002 (Public Law 107-296) (HSA), to Annex 1.
                                                     
* For the convenience of delegations and for technical reasons, notably in connection with the Decision
on the procedures for the circulation and derestriction of documents adopted by the Committee on
8 October 2002 (GPA/72), documents relating to newly proposed modifications to Parties' Appendices are nowbeing issued in a new document series (GPA/MOD/COUNTRY/...).  All documents relating to a givennotification will be issued as addenda, revisions, corrigenda, etc. to the notification of the original proposedmodification.
1 Article XXIV:6 reads as follows:  Rectifications or Modifications   (a) Rectifications, transfers of an entity from
one Annex to another or, in exceptional cases, other modifications relating to Appendices I through IV shall be notified to
the Committee, along with information as to the likely consequences of the change for the mutually agreed coverage
provided in this Agreement.  If the rectifications, transfers or other modifications are of a purely formal or minor nature, th ey
shall become effective provided there is no objection within 30 days.  In other cases, the Chairman of the Committee shallpromptly convene a meeting of the Committee.  The Committee shall consider the proposal and any claim for compensatory
adjustments, with a view to maintainin g a balance of rights and obligations and a comparable level of mutually agreed
coverage provided in this Agreement prior to such notification.  In the event of agreement not being reached, the matter may
be pursued in accordance with the provisions contained in Article XXII;  and (b) Where a Party wishes, in exercise of itsrights, to withdraw an entity from Appendix I on the grounds that government control or influence over it has beeneffectively eliminated, that Party shall notify the Committee.  Such modification shall become effective the day after the end
of the following meeting of the Committee, provided that the mee ting is no sooner than 30 days from the date of notification
and no objection has been made.  In the event of an objection, the matter may be pursued in accordance with the procedureson consultations and dispute settlement contained in Article XXII.   In considering the proposed modification to Appendix I
and any consequential compensatory adjustment, allowance shall be made for the market-opening effects of the removal of
government control or influence.GPA/MOD/USA/1
Page 2
2. Organizational Elements and Functions Transferred to DHS from Other Entities:
(a) The following organizational elements or functions were transferred from the
Department of Agriculture:  Plum Is land Animal Disease Center (pursuant to
Section 310(a) of HSA);  and Animal and Plant Health Inspection Service (pursuantto Section 421 of HSA).
(b) The following organizational elements or functions were transferred from the
Department of Commerce:  Critical Infrastructure Assurance Office (pursuant to
Section 201(g)(3) of HSA);  and Integrated Hazard Information System of the
National Oceanic and Atmospheric Administration (pursuant to Section 503(2) of
HSA).
(c) The following organizational elements or functions were transferred from the
Department of Defense:   National Communications System (pursuant to
Section 201(g)(2) of HSA);  and National Bio-Weapons Defense Analysis Center,
pursuant to Section 303(2) of HSA.
(d) The following organizational elements or functions were transferred from the
Department of Energy:  Energy Security and Assurance Program (pursuant to
Section 201(g)(4) of HSA);  chemical and biological national security and supporting
programs and activities (pursuant to Section 303(1) of HSA);  EnvironmentalMeasurements Laboratory (pursuant to Section 303(1)(E) of HSA);  and National
Infrastructure Simulation and Analysis Center (pursuant to Section 201(g)(4) of
HSA).
(e) The following organizational elements or functions were transferred from the
Department of Justice:  National Infrastructure Protection Center of the Federal
Bureau of Investigation (pursuant to Section 201(g)(1) of HSA)  (except for the
Computer Investigations and Operations Section);  National Domestic Preparedness
Office of the FBI (pursuant to Section 503(3) of HSA);  Domestic Emergency
Support Teams (pursuant to Section 503(4) of HSA);  Office for Domestic
Preparedness (pursuant to Section 403(5) of HSA);  and functions of the Immigration
and Naturalization Service (pursuant to Sections 441and 451(b) of HSA).
(f) The following organizational elements or functions were transferred from the
Department of Health and Human Services:  Strategic National Stockpile (pursuant to
Section 503(6) of HSA);  and Office of Emergency Preparedness, National Disaster
Medical System and Metropolitan Medical Response System (pursuant toSection 503(5) of HSA).
(g) The United States Coast Guard was transferred from the Department of
Transportation, pursuant to Pursuant to Section 888(b) of HSA.
(h) The following organizational elements or functions were transferred from the
Department of Treasury:   U.S. Secret Service (pursuant to Section 821 of HSA);
U.S. Customs Service (pursuant to Sect ion 403(1) of HSA);  and Federal Law
Enforcement Training Center (pursuant to Section 403(4) of HSA).
(i) The following organizational element or functions was transferred from the General
Services Administration:  Federal Computer Incident Response Center (pursuant to
Section 201(g)(5) of HSA);  and the Federal Protective Service (pursuant to
Section 403(3) of HSA).GPA/MOD/USA/1
Page 3
3. Proposed Deletion of Federal Emergency Management Agency:
The United States proposes to delete the Federal Emergency Management Agency (entity
number 63) from Annex 1 as it was transferred into DHS, pursuant to Section 503(1) of HSA.
4. The proposed modifications will not reduce the level of the mutually agreed coverage
provided under the Agreement.
In accordance with the procedures for future changes to the loose-leaf system for Appendices
to the Agreement (GPA/W/110), Annex 1 to Appendix I of the United States should be rectified as in
Attachment A to this document (red-lined versio n).  Attachment B to this document shows the
relevant pages of the loose-leaf system as they would look after the acceptance of the modifications.2
                                                     
2 Both attachments are in English only.GPA/MOD/USA/1
Page 4
APPENDIX I UNITED STATES ANNEX 1 Page 1/5
1 March 2000 (WT/Let/330)ATTACHMENT A
UNITED STATES
(Authentic in the English language only)
ANNEX 1
Central Government Entities which Procure in Accordance
With the Provisions of this Agreement
Threshold : 130,000 SDRs for supplies and services
5 million SDRs for construction
List of Entities :
1. Department of Agriculture (not including procurement of agricultural products made in
furtherance of agricultural support prog rammes or human feeding programmes)
2. Department of Commerce (not including shipbuilding activities of NOAA, as excluded in
Annex 4)
3. Department of Education4. Department of Health and Human Services
5. Department of Housin g and Urban Development
6. Department of the Interior (inc luding the Bureau of Reclamation)
7. Department of Justice
8. Department of Labor9. Department of State
10. United States Agency for International Devel opment (not including procurement for the direct
purpose of providing foreign assistance)
11. Department of the Treasury
12. Department of Transportation (not incl uding procurement by the Federal Aviation
Administration, and pursuant to Article XXIII, the national security considerations applicable to
the Department of Defense are equally applicable to the Coast Guard, a military unit of the
United States )
13. Department of Energy (pursuant to Article XXIII, national security exceptions include
procurements made in support of safeguarding nuclear materials or technology and entered into
under the authority of the Atomic Energy Act, and oil purchases related to the Strategic
Petroleum Reserve)
14. General Services Administration (except Fe deral Supply Groups 51 and 52 and Federal Supply
Class 7340)
15. National Aeronautics and Space Administration
16. The Department of Veterans Affairs
17. Environmental Protection Agency18. United States Information Agency
19. National Science FoundationGPA/MOD/USA/1
Page 5
APPENDIX I UNITED STATES ANNEX 1 Page 2/5
1 March 2000 (WT/Let/330)20. Panama Canal Commission21. Executive Office of the President22. Farm Credit Administration
23. National Credit Union Administration
24. Merit Systems Protection Board
25. ACTION
26. United States Arms Control and Disarmament Agency27. Office of Thrift Supervision
28. Federal Housing Finance Board
29. National Labor Relations Board
30. National Mediation Board
31. Railroad Retirement Board32. American Battle Monuments Commission
33. Federal Communications Commission
34. Federal Trade Commission
35. Interstate Commerce Commission
36. Securities and Exchange Commission
37. Office of Personnel Management
38. United States International Trade Commission39. Export-Import Bank of the United States
40. Federal Mediation and Conciliation Service
41. Selective Service System
42. Smithsonian Institution
43. Federal Deposit Insurance Corporation44. Consumer Product Safety Commission
45. Equal Employment Opportunity Commission
46. Federal Maritime Commission
47. National Transportation Safety Board
48. Nuclear Regulatory Commission49. Overseas Private Investment Corporation
50. Administrative Conferen ce of the United States
51. Board for International Broadcasting
52. Commission on Civil Rights
53. Commodity Futures Trading Commission54. Peace Corps
55. National Archives and Records Administration
56. Advisory Commission on Intergovernmental Relations
57. African Development Foundation
58. Alaska Natural Gas Transportation System
59. Appalachian Regional Commission
60. Commission of Fine Arts61. Delaware River Basin Commission
62. Federal Election Commission
63. Federal Emergency Management 
Agency Department of Homeland Security (except
procurement by the Transportation Security Administration;  and the national security
considerations applicable to the Department of Defense are equally applicable to the U.S. Coast
Guard.)
64. Federal Home Loan Mortgage CorporationGPA/MOD/USA/1
Page 6
APPENDIX I UNITED STATES ANNEX 1 Page 3/5
1 March 2000 (WT/Let/330)65. Federal Maritime Commission66. Federal Mine Safety and Health Review Commission67. Federal Reserve System
68. Federal Retirement Thrift Investment Board
69. Holocaust Memorial Council
70. Inter-American Foundation
71. National Capital Planning Commission72. National Commission on Librar ies and Information Science
73. National Council on Disability
74. National Foundation on the Arts and the Humanities
75. Occupational Safety and Health Review Commission
76. Office of Government Ethics77. Office of the Nuclear Waste Negotiator
78. Office of Special Counsel
79. Resolution Trust Corpor ation Oversight Board
80. Small Business Administration
81. Susquehanna Rive r Basin Commission
82. Pennsylvania Avenue Development Corporation
83. Federal Crop Insurance Corporation84. Federal Prison Industries, Inc.
85. Government National Mortgage Association
86. Uranium Enrichment Corporation
87. Department of Defense, includi ng the Corps of Army Engineers
This Agreement will not apply to the following purchases of the Department of Defense:
(a) Federal Supply Classification ( FSC) 83 - all elements of this classification other than pins,
needles, sewing kits, flagstaffs, flagpoles, and flagstaff trucks;
(b) FSC 84 - all elements other than sub-class 8460 (luggage);(c) FSC 89 - all elements other than sub-class 8975 (tobacco products);
(d) FSC 2310 - (buses only);
(e) Speciality metals, defined as steels melted in steelmanufacturing facilities located in the United
States or its possessions, where the maximum alloy content exceeds one or more of the
following limits, must be used in products purchased by DOD: (1) manganese, 1.65 per cent;silicon, 0.60 per cent; or copper, 0.06 per cent; or which contains more than 0.25 per cent of any
of the following elements: aluminium, chromi um, cobalt, columbium, olybdenum, nickel,
titanium, tungsten, or vanadium; (2) metal alloys  consisting of nickel, iron-nickel and cobalt
base alloys containing a total of other alloying metals (except iron) in excess of 10 per cent; (3)
titanium and titanium alloys; or (4) zirconium base alloys;
(f) FSC 19 and 20 - that part of these classificati ons defined as naval vessels or major components
of the hull or superstructure thereof;
(g) FSC 5l and 52;
(h) Following FSC categories are not generally covered due to application of Article XXIII,
paragraph 1:  10, 12, 13, 14, 15, 16, 17, 19, 20, 28, 31, 58, 59, 95.GPA/MOD/USA/1
Page 7
APPENDIX I UNITED STATES ANNEX 1 Page 4/5
1 March 2000 (WT/Let/330)This Agreement will generally apply to purchases of the following FSC categories subject to United
States Government determinations under the provisions of Articl e XXIII, paragraph 1.
FSC 22 Railway Equipment
23 Motor Vehicles, Trailers, and Cycles (except buses in 2310)
24 Tractors25 Vehicular Equipment Components
26 Tyres and Tubes
29 Engine Accessories
30 Mechanical Power Transmission Equipment
32 Woodworking Machinery and Equipment34 Metalworking Machinery
35 Service and Trade Equipment
36 Special Industry Machinery
37 Agricultural Machinery and Equipment
38 Construction, Mining, Excavating, and Highway Maintenance Equipment
39 Materials Handling Equipment
40 Rope, Cable, Chain and Fittings41 Refrigeration and Air Conditioning Equipment
42 Fire Fighting, Rescue and Safety Equipment
43 Pumps and Compressors
44 Furnace, Steam Plant, Drying Equipment and Nuclear Reactors
45 Plumbing, Heating a nd Sanitation Equipment
46 Water Purification and Sewage Treatment Equipment
47 Pipe, Tubing, Hose and Fittings
48 Valves
49 Maintenance and Repair Shop Equipment
53 Hardware and Abrasives54 Prefabricated Structures and Scaffolding
55 Lumber, Millwork, Plywood and Veneer
56 Construction and Building Materials
61 Electric Wire, and Power and Distribution Equipment
62 Lighting Fixtures and Lamps63 Alarm and Signal Systems
65 Medical, Dental, and Veterinary Equipment and Supplies
66 Instruments and Laboratory Equipment
67 Photographic Equipment
68 Chemicals and Chemical Products
69 Training Aids and Devices
70 General Purpose ADPE, Software , Supplies and Support Equipment
71 Furniture
72 Household and Commercial Furnishings and Appliances
73 Food Preparation and Serving Equipment
74 Office Machines, Visible Record Equipment and ADP Equipment
75 Office Supplies and Devices76 Books, Maps and Other Publications
77 Musical Instruments, Phonog raphs, and Home Type RadiosGPA/MOD/USA/1
Page 8
APPENDIX I UNITED STATES ANNEX 1 Page 5/5
1 March 2000 (WT/Let/330)78 Recreational and Athletic Equipment79 Cleaning Equipment and Supplies80 Brushes, Paints, Sealers and Adhesives
81 Containers, Packaging and Packing Supplies
85 Toiletries
87 Agricultural Supplies
88 Live Animals91 Fuels, Lubricants, Oils and Waxes
93 Non-metallic Fabricated Materials
94 Non-metallic Crude Materials
96 Ores, Minerals and their Primary Products
99 Miscellaneous
Note to Annex 1
The conditions specified in the General Notes apply to this Annex.GPA/MOD/USA/1
Page 9
APPENDIX I UNITED STATES ANNEX 1 Page 1/5
... 2004 (WT/Let/...)ATTACHMENT B
UNITED STATES
(Authentic in the English language only)
ANNEX 1
Central Government Entities which Procure in Accordance
With the Provisions of this Agreement
Threshold : 130,000 SDRs for supplies and services
5 million SDRs for construction
List of Entities :
1. Department of Agriculture (not including procurement of agricultural products made in
furtherance of agricultural support prog rammes or human feeding programmes)
2. Department of Commerce (not including shipbuilding activities of NOAA, as excluded in
Annex 4)
3. Department of Education4. Department of Health and Human Services
5. Department of Housin g and Urban Development
6. Department of the Interior (inc luding the Bureau of Reclamation)
7. Department of Justice
8. Department of Labor9. Department of State
10. United States Agency for International Devel opment (not including procurement for the direct
purpose of providing foreign assistance)
11. Department of the Treasury
12. Department of Transportation (not incl uding procurement by the Federal Aviation
Administration, and pursuant to Article XXIII)
13. Department of Energy (pursuant to Article XXIII, national security exceptions include
procurements made in support of safeguarding nuclear materials or technology and entered into
under the authority of the Atomic Energy Act, and oil purchases related to the Strategic
Petroleum Reserve)
14. General Services Administration (except Fe deral Supply Groups 51 and 52 and Federal Supply
Class 7340)
15. National Aeronautics and Space Administration
16. The Department of Veterans Affairs
17. Environmental Protection Agency
18. United States Information Agency
19. National Science FoundationGPA/MOD/USA/1
Page 10
APPENDIX I UNITED STATES ANNEX 1 Page 2/5
… 2004 (WT/Let/…)20. Panama Canal Commission21. Executive Office of the President22. Farm Credit Administration
23. National Credit Union Administration
24. Merit Systems Protection Board
25. ACTION
26. United States Arms Control and Disarmament Agency27. Office of Thrift Supervision
28. Federal Housing Finance Board
29. National Labor Relations Board
30. National Mediation Board
31. Railroad Retirement Board32. American Battle Monuments Commission
33. Federal Communications Commission
34. Federal Trade Commission
35. Interstate Commerce Commission
36. Securities and Exchange Commission
37. Office of Personnel Management
38. United States International Trade Commission39. Export-Import Bank of the United States
40. Federal Mediation and Conciliation Service
41. Selective Service System
42. Smithsonian Institution
43. Federal Deposit Insurance Corporation44. Consumer Product Safety Commission
45. Equal Employment Opportunity Commission
46. Federal Maritime Commission
47. National Transportation Safety Board
48. Nuclear Regulatory Commission49. Overseas Private Investment Corporation
50. Administrative Conferen ce of the United States
51. Board for International Broadcasting
52. Commission on Civil Rights
53. Commodity Futures Trading Commission54. Peace Corps
55. National Archives and Records Administration
56. Advisory Commission on Intergovernmental Relations
57. African Development Foundation
58. Alaska Natural Gas Transportation System
59. Appalachian Regional Commission
60. Commission of Fine Arts61. Delaware River Basin Commission
62. Federal Election Commission
63. Department of Homeland Security (except procurement by the Transportation Security
Administration;  and the national security cons iderations applicable to the Department of
Defense are equally applicable to the U.S. Coast Guard.)
64. Federal Home Loan Mortgage CorporationGPA/MOD/USA/1
Page 11
APPENDIX I UNITED STATES ANNEX 1 Page 3/5
... 2004 (WT/Let/...)65. Federal Maritime Commission66. Federal Mine Safety and Health Review Commission67. Federal Reserve System
68. Federal Retirement Thrift Investment Board
69. Holocaust Memorial Council
70. Inter-American Foundation
71. National Capital Planning Commission72. National Commission on Librar ies and Information Science
73. National Council on Disability
74. National Foundation on the Arts and the Humanities
75. Occupational Safety and Health Review Commission
76. Office of Government Ethics77. Office of the Nuclear Waste Negotiator
78. Office of Special Counsel
79. Resolution Trust Corpor ation Oversight Board
80. Small Business Administration
81. Susquehanna Rive r Basin Commission
82. Pennsylvania Avenue Development Corporation
83. Federal Crop Insurance Corporation84. Federal Prison Industries, Inc.
85. Government National Mortgage Association
86. Uranium Enrichment Corporation
87. Department of Defense, includi ng the Corps of Army Engineers
This Agreement will not apply to the following purchases of the Department of Defense:
(a) Federal Supply Classification ( FSC) 83 - all elements of this classification other than pins,
needles, sewing kits, flagstaffs, flagpoles, and flagstaff trucks;
(b) FSC 84 - all elements other than sub-class 8460 (luggage);(c) FSC 89 - all elements other than sub-class 8975 (tobacco products);
(d) FSC 2310 - (buses only);
(e) Speciality metals, defined as steels melted in steelmanufacturing facilities located in the United
States or its possessions, where the maximum alloy content exceeds one or more of the
following limits, must be used in products purchased by DOD: (1) manganese, 1.65 per cent;silicon, 0.60 per cent; or copper, 0.06 per cent; or which contains more than 0.25 per cent of any
of the following elements: aluminium, chromi um, cobalt, columbium, olybdenum, nickel,
titanium, tungsten, or vanadium; (2) metal alloys  consisting of nickel, iron-nickel and cobalt
base alloys containing a total of other alloying metals (except iron) in excess of 10 per cent; (3)
titanium and titanium alloys; or (4) zirconium base alloys;
(f) FSC 19 and 20 - that part of these classificati ons defined as naval vessels or major components
of the hull or superstructure thereof;
(g) FSC 5l and 52;
(h) Following FSC categories are not generally covered due to application of Article XXIII,
paragraph 1:  10, 12, 13, 14, 15, 16, 17, 19, 20, 28, 31, 58, 59, 95.GPA/MOD/USA/1
Page 12
APPENDIX I UNITED STATES ANNEX 1 Page 4/5
… 2004 (WT/Let/…)This Agreement will generally apply to purchases of the following FSC categories subject to United
States Government determinations under the provisions of Articl e XXIII, paragraph 1.
FSC 22 Railway Equipment
23 Motor Vehicles, Trailers, and Cycles (except buses in 2310)
24 Tractors25 Vehicular Equipment Components
26 Tyres and Tubes
29 Engine Accessories
30 Mechanical Power Transmission Equipment
32 Woodworking Machinery and Equipment34 Metalworking Machinery
35 Service and Trade Equipment
36 Special Industry Machinery
37 Agricultural Machinery and Equipment
38 Construction, Mining, Excavating, and Highway Maintenance Equipment
39 Materials Handling Equipment
40 Rope, Cable, Chain and Fittings41 Refrigeration and Air Conditioning Equipment
42 Fire Fighting, Rescue and Safety Equipment
43 Pumps and Compressors
44 Furnace, Steam Plant, Drying Equipment and Nuclear Reactors
45 Plumbing, Heating a nd Sanitation Equipment
46 Water Purification and Sewage Treatment Equipment
47 Pipe, Tubing, Hose and Fittings
48 Valves
49 Maintenance and Repair Shop Equipment
53 Hardware and Abrasives54 Prefabricated Structures and Scaffolding
55 Lumber, Millwork, Plywood and Veneer
56 Construction and Building Materials
61 Electric Wire, and Power and Distribution Equipment
62 Lighting Fixtures and Lamps63 Alarm and Signal Systems
65 Medical, Dental, and Veterinary Equipment and Supplies
66 Instruments and Laboratory Equipment
67 Photographic Equipment
68 Chemicals and Chemical Products
69 Training Aids and Devices
70 General Purpose ADPE, Software , Supplies and Support Equipment
71 Furniture
72 Household and Commercial Furnishings and Appliances
73 Food Preparation and Serving Equipment
74 Office Machines, Visible Record Equipment and ADP Equipment
75 Office Supplies and Devices76 Books, Maps and Other Publications
77 Musical Instruments, Phonog raphs, and Home Type RadiosGPA/MOD/USA/1
Page 13
APPENDIX I UNITED STATES ANNEX 1 Page 5/5
... 2004 (WT/Let/...)78 Recreational and Athletic Equipment79 Cleaning Equipment and Supplies80 Brushes, Paints, Sealers and Adhesives
81 Containers, Packaging and Packing Supplies
85 Toiletries
87 Agricultural Supplies
88 Live Animals91 Fuels, Lubricants, Oils and Waxes
93 Non-metallic Fabricated Materials
94 Non-metallic Crude Materials
96 Ores, Minerals and their Primary Products
99 Miscellaneous
Note to Annex 1
The conditions specified in the General Notes apply to this Annex.
__________