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        4 March 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 5/5 of 
Annex 1 to Appendix I containing the certified modifications.  
 
 The modifications concern United States  and are effective as of  14 February 2004 . 
 
 
  
 
  
 
 
 
                 Supachai Panitchpakdi 
         D i r e c t o r - G e n e r a l  
  
 
  
 
  
 
  
 
  
 
 
0 4 - 0 9 7 3           W T / L e t / 4 5 7   
  
 
 
 
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 Annex 1 to Appendix I of the Agreement on 
Government Procurement (1994) concerning United States , which were notified to the Committee on 
Government Procurement (GPA/MOD/USA/1) pursuan t to the procedures of Article XXIV:6, became 
effective as of 14 February 2004 . 
  
 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 5/5 of Annex 1 to Appendix I of United States in the Loose-Leaf Sy stem 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 fourth day of March, two thousand and four. 
  
 
  
 
 Supachai Panitchpakdi  
 
 
Certified true copy: 
  
 
  
 
  
Director-GeneralAPPENDIX I UNITED STATES  ANNEX 1 Page 1/5
 
 
 
14 February 2004 (WT/Let/457) 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 purs uant to Article XXIII) 
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. United States Information Agency 
19. National Science Foundation APPENDIX I UNITED STATES  ANNEX 1 Page 2/5
 
 
 
14 February 2004 (WT/Let/457)  20. Panama Canal Commission 
21. Executive Office of the President 22. Farm Credit Administration 23. National Credit Union Administration  
24. Merit Systems Protection Board 
25. ACTION 26. United States Arms Control and Disarmament Agency  27. Office of Thrift Supervision 28. Federal Housing Finance Board  
29. National Labor Relations Board 
30. National Mediation Board 31. Railroad Retirement Board 32. 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 Commission  39. Export-Import Bank of  the United States 
40. Federal Mediation a nd Conciliation Service  
41. Selective Service System  42. Smithsonian Institution 43. Federal Deposit Insurance Corporation  44. Consumer Product Safety Commission 
45. Equal Employment Opportunity Commission  
46. Federal Maritime Commission 47. National Transportation Safety Board 48. Nuclear Regulatory Commission 49. Overseas Private Investment Corporation 50. Administrative Conference of the United States  
51. Board for International Broadcasting 
52. Commission on Civil Rights 53. Commodity Futures Trading Commission  54. Peace Corps 55. National Archives a nd 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 Arts 61. Delaware River Basin Commission 
62. Federal Election Commission 
63. Department of Homeland Security (excep t 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 Corporation APPENDIX I UNITED STATES  ANNEX 1 Page 3/5
 
 
 
14 February 2004 (WT/Let/457) 65. Federal Maritime Commission 
66. Federal Mine Safety a nd Health Review Commission 
67. Federal Reserve System 68. Federal Retirement Th rift Investment Board 
69. Holocaust Memorial Council 
70. Inter-American Foundation 71. National Capital Planning Commission 72. 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 Ethics 77. Office of the Nuclear Waste Negotiator 78. Office of Special Counsel 79. Resolution Trust Corporation Oversight Board 
80. Small Business Administration 
81. Susquehanna River Basin Commission 82. Pennsylvania Avenue Development Corporation 83. Federal Crop Insurance Corporation 84. Federal Prison Industries, Inc. 
85. Government National Mortgage Association 
86. Uranium Enrichment Corporation 87. 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 othe r 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, wh ere 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 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.   
 APPENDIX I UNITED STATES  ANNEX 1 Page 4/5
 
 
 
14 February 2004 (WT/Let/457)   
This Agreement will generally apply to purchases of  the following FSC categories subject to United 
States Government determina tions under the provisions of Article XXIII, paragraph 1. 
 
FSC 22 Railway Equipment 
 23 Motor Vehicles, Tr ailers, and Cycles (except buses in 2310)  
 24 Tractors  25 Vehicular Equipment Components  26 Tyres and Tubes 
 29 Engine Accessories 
 30 Mechanical Power Transmission Equipment   32 Woodworking Machinery and Equipment   34 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 Fittings  41 Refrigeration and Air Conditioning Equipment  
 42 Fire Fighting, Rescue and Safety Equipment  
 43 Pumps and Compressors  44 Furnace, Steam Plant, Drying E quipment and Nuclear Reactors  
 45 Plumbing, Heating and Sanitation Equipment   46 Water Purification and Se wage Treatment Equipment  
 47 Pipe, Tubing, Hose and Fittings 
 48 Valves  49 Maintenance and Repair Shop Equipment   53 Hardware and Abrasives  54 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 Lamps  63 Alarm and Signal Systems  65 Medical, Dental, and Veterinary Equi pment 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 Devices  76 Books, Maps and Other Publications 
 77 Musical Instruments, Phonographs, and Home Type Radios  APPENDIX I UNITED STATES  ANNEX 1 Page 5/5
 
 
14 February 2004 (WT/Let/457)  78 Recreational and Athletic Equipment  
 79 Cleaning Equipment and Supplies  80 Brushes, Paints, Se alers and Adhesives  
 81 Containers, Packaging and Packing Supplies   85 Toiletries 
 87 Agricultural Supplies 
 88 Live Animals  91 Fuels, Lubricants, Oils and Waxes   93 Non-metallic Fabr icated Materials  
 94 Non-metallic Crude Materials 
 96 Ores, Minerals and their Primary Products  
 99 Miscellaneous   
 
Note to Annex 1  
 
The conditions specified in the Gene ral Notes apply to this Annex. 
 
__________