WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO  
 
 
Centre William Rappard    Rue de Lausanne 154    Case postale    CH - 1211 Genève 21 
 Téléphone:  (+41 22) 739 51 11    Fax:  (+41 22) 731 42 06 
Internet:  http://www.wto.org  
 
 
 
Reference:    WLI/100        1 November 2004 
 
 
  
 
  
 
 
AGREEMENT ON GOVERNMENT PROCUREMENT 
DONE AT MARRAKESH ON 15 APRIL 1994 
 
CERTIFICATION OF MODIFICATIONS TO THE AGREEMENT 
 
TRANSMISSION OF CERTIFIED TR UE COPIES OF REPLACEMENT PAGES
 
IN THE LOOSE-LEAF SYSTEM  FOR APPENDICES CONTAINING  
THE CERTIFIED MODIFICATIONS TO THE AGREEMENT  
 
 
 I have the honour to furnish herewith certified tr ue copies of replacement pages 1/5 to 3/5 of 
Annex 1 and 1/2 of Annex 3 to Appendix I c ontaining the certified modifications.  
 
 The modifications concern the United States  and are effective as of  1 October 2004  
 
 
  
 
  
 
 
 
  
                Supachai Panitchpakdi 
         D i r e c t o r - G e n e r a l   
 
  
 
  
 
  
 
  
 
 
0 4 - 4 6 2 9           W T / L e t / 4 8 2   
 
  
 
 
 
AGREEMENT ON GOVERNMENT PROCUREMENT 
DONE AT MARRAKESH ON 15 APRIL 1994 
 
CERTIFICATION OF MODIFICATIONS TO THE AGREEMENT 
 
  It is hereby certified that the modifications to Annexes 1 and 3 to Appendix I of the Agreement 
on Government Procurement (1994) concerning the United States , which were notified to the 
Committee on Government Procurement (GPA/W/153) pu rsuant to the procedures of Article XXIV:6, 
became effective as of 1 October 2004  (with the exception of the proposed change to "Uranium 
Enrichment Corporation" in Annex 1 to Appen dix I where an objection is still in place). 
   Pursuant to the Decision of the Commi ttee on Government Procurement adopted on 
4 June 1996 regarding the establishment of a loose-le af system with legal effect to periodically update 
the Appendices to the Agreement on Government  Procurement (GPA/M/2) and procedures with 
respect to the modifications to the loose-leaf sy stem (GPA/M/5), these modifications are contained in 
the attached replacement pages to the loose-leaf sy stem.  Accordingly, the attached pages replace 
pages 1/5 to 3/5 of  Annex 1 and 1/2 of Annex 3 to Appendix I of the  United States in the Loose-Leaf 
System of Appendices in conformity with the aforementioned Decisions. 
  This notification is furnished in accordance with paragraph 14 of Article XXIV of the 
Agreement. 
  This Certification is deposited with the Direct or-General of the World Trade Organization, who 
shall promptly furnish a certified true copy to each party to the Agreement on Government 
Procurement.  It shall be registered in accordance with  the provisions of Article 102 of the Charter of 
the United Nations. 
 
 Done at Geneva this twentieth day  of October, two thousand and four. 
 
 
  
 
  Supachai Panitchpakdi 
 
 
 
Certified true copy:  
 
  
 
  
 
Director-General 
 
APPENDIX I UNITED STATES  ANNEX 1 Page 1/5
 
 
 
1 October 2004 (WT/Let/482)  
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 supp lies and services 
  5 million SDRs for construction 
 
 
List of Entities : 
 
1. Department of Agriculture (not including procurement of agricultu ral products made in 
furtherance of agricultural support prog rammes or human feeding programmes) 
2. Department of Commerce (not including sh ipbuilding activities of NOAA, as excluded in 
Annex 4) 
3. Department of Education 
4. Department of Health and Human Services  
5. Department of Housing and Urban Development 6. Department of the Interior (incl uding the Bureau of Reclamation)  
7. Department of Justice 8. Department of Labor 9. Department of State 
10. United States Agency for International Develo pment (not including procurement for the direct 
purpose of providing foreign assistance) 
11. Department of the Treasury  12. Department of Transportation (not in cluding procurement by the Federal Aviation 
Administration, and pursuant to Ar ticle 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 Articl e 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 Administ ration (except Federal Supply Gr oups 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. National Science Foundation 
19. Executive Office of the President 20. Farm Credit Administration 21. National Credit Union Administration  
 
APPENDIX I UNITED STATES  ANNEX 1 Page 2/5
 
 
 
1 October 2004 (WT/Let/482)  
22. Merit Systems Protection Board 
23. The Corporation for Natio nal and Community Service 
24. Office of Thrift Supervision 25. Federal Housing Finance Board  26. National Labor Relations Board 27. National Mediation Board 
28. Railroad Retirement Board 
29. American Battle Monuments Commission  30. Federal Communications Commission 31. Federal Trade Commission 32. Securities and Exchange Commission 33. Office of Personnel Management 
34. United States International Trade Commission  
35. Export-Import Bank of  the United States 
36. Federal Mediation a nd Conciliation Service  
37. Selective Service System  38. Smithsonian Institution 
39. Federal Deposit Insurance Corporation  
40. Consumer Product Safety Commission 
41. Equal Employment Opportunity Commission  42. Federal Maritime Commission 43. National Transportation Safety Board 
44. Nuclear Regulatory Commission 
45. Overseas Private Investment Corporation 46. Broadcasting Board of Govenors 47. Commission on Civil Rights 48. Commodity Futures Trading Commission  49. Peace Corps 
50. National Archives a nd Records Administration 
51. Advisory Commission on Intergovernmental Relations 52. African Development Foundation 53. Alaska Natural Gas Transportation System 54. Appalachian Regional Commission 
55. Commission of Fine Arts 
56. Delaware River Basin Commission 57. Federal Election Commission 58. Federal Emergency Management Agency 
59. Federal Home Loan Mortgage Corporation 60. Federal Maritime Commission 
61. Federal Mine Safety a nd Health Review Commission 
62. Federal Reserve System 63. Federal Retirement Th rift Investment Board 
64. Holocaust Memorial Council 65. Inter-American Foundation 
66. National Capital Planning Commission 
67. National Commission on Librar ies and Information Science 
68. National Council on Disability 69. National Foundation on the Arts and the Humanities 
 
APPENDIX I UNITED STATES  ANNEX 1 Page 3/5
 
 
 
1 October 2004 (WT/Let/482)  
70. Occupational Safety and Health Review Commission 
71. Office of Government Ethics 
72. Office of the Nuclear Waste Negotiator 73. Office of Special Counsel 74. Small Business Administration 75. Susquehanna River Basin Commission 
76. Pennsylvania Avenue Development Corporation 
77. Federal Crop Insurance Corporation 78. Federal Prison Industries, Inc. 
79. Government National Mortgage Association 80. Uranium Enrichment Corporation 81. Department of Defense, including the Corps of Army Engineers 
  
This Agreement will not apply to the followi ng purchases of the Department of Defense:  
 (a) Federal Supply Classification (FSC) 83 - all el ements of this classifi cation other than pins, 
needles, sewing kits, flagstaffs, fla gpoles, and flagstaff trucks; 
(b)  FSC 84 - all elements ot her than sub-class 8460 (luggage); 
(c)  FSC 89 - all elements other th an 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, wh ere the maximum alloy content exceeds one or more of the 
following limits, must be used in products pu rchased by DOD: (1) manganese, 1.65 per cent; 
silicon, 0.60 per cent; or copper, 0.06 per cent; or which contains mo re than 0.25 per cent of any 
of the following elements: aluminium, chromium, 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 classificatio ns 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 co vered due to application of Article XXIII, 
paragraph 1:  10, 12, 13, 14, 15, 16,  17, 19, 20, 28, 31, 58, 59, 95.   
 
This Agreement will generally apply to purchases of  the following FSC categories subject to United 
States Government determinatio ns under the provisions of Ar ticle XXIII, paragraph 1.  
  
 
APPENDIX I UNITED STATES  ANNEX 3 Page 1/2
 
 
 
1 October 2004 (WT/Let/482) ANNEX 3 
 
All Other Entities which Procure in Accordance 
With the Provisions of this Agreement  
 
 Threshold : 400,000 SDRs for supplies and servic es (except as specified below) 
  5 million SDRs for construction 
  List of Entities : 
 The following entities at the SDR equivalent of $250,0 00 for supplies and services
: 
 
Tennessee Valley Authority Power Marketing Admini strations of the Department of Energy 
 - Bonneville Power Administration  - Western Area Po wer Administration 
 - Southeastern Power Administration 
 - Southwestern Power Administration  - St. Lawrence Seaway Development Corporation  The following entities are 400, 000 SDRs for supplies and services
: 
 
The Port Authority of New York and New Jersey with the following exceptions: 
  - Maintenance, repair and operating materi als and supplies (e.g.,  hardware, tools, 
lamps/lighting, plumbing); 
 
 - In exceptional cases, individual procuremen ts may require certain regional production 
of goods if authorized by the Board of Directors; 
  - Procurements pursuant to multi-jurisdictiona l agreement (i.e., for contracts which have 
initially been awarded by  other jurisdictions). 
 
The Port of Baltimore (subject to the conditions sp ecified for the state of New York in Annex 2) 
 The New York  Power Authority (subject to the co nditions specified for the state of New York in 
Annex 2)  
Rural Utilities Service Financing: 
  (1) waiver of Buy American restriction on financing for all power generation projects 
(restrictions on financing for telecommuni cation projects are excluded from the 
Agreement); 
 
 (2) application of Code-equi valent procurement procedures  and national treatment to 
funded projects exceeding the thresholds specified above. 
__________