RESTRICTED  
  
GPA/M/87  
 
27 February 2024  
(24-1784) Page: 1/10 
Committee on Government Procurement    
 
 
MINUTES OF THE FORMAL MEETING OF 8 NOVEMBER 2023  
CHAIR: MR. MARTIN ZBINDEN (SWITZERLAND)  
The Chair opened the meeting by noting that in preparation for the meeting, delegations had 
received an Airgram ( WTO/AIR/GPA/29 ) setting out the proposed agenda and an Annotated Agenda 
(ICN/GPA/7/Add.1 ). The proposed agenda for the meeting was as follows:  
 
1. Coming into force of the Agreement on Government Procurement (GPA 2012) for 
North  Macedonia on 30 October 2023 ( WT/Let/1631 ); 
2. application for accession to the GPA 2012: Costa Rica ( GPA/159; GPA/ACC/CRI/1 );  
3. adoption, if agreeable, of the (i) draft Committee decision concerning GPA documents to 
be circulated in the future; and (ii) the draft Committee decision concerning the 
derestriction of an initial list of historical GPA documents already circulated (document to 
be circulated); and  
4. other business.  
The Chair's understanding was that the Committee would be able to adopt, at the meeting, the 
backward -looking draft decision concerning the derestriction of an initial list of historical GPA 
documents already circulated, but not the forward -looking draft decision concerning documents to 
be circulated in the future. This was because some additional  time was needed to consider possible 
further adjustments to the latter draft decision. The Chair therefore proposed to remove the 
forward -looking draft decision from the agenda of the formal meeting and take it up briefly in 
informal mode to discuss the n ext steps.  
Regarding 'Other business', the European Union  wished to add an agenda item concerning the 
"Latest developments in relation to the implementation of the U.S. Infrastructure Investment and 
Jobs Act, in the context of the recent Guidance issued by  the U.S. Office for Management and 
Budget".  
The Committee adopted  the agenda as proposed to be revised by the Chair, with the additional item 
concerning 'Other business'.  
1  COMING INTO FORCE OF THE AGREEMENT ON GOVERNMENT PROCUREMENT (GPA 
2012) FOR NORTH MA CEDONIA ON 30 OCTOBER 2023  
1.1.  The Chair  recalled that North Macedonia had deposited its instrument of accession on 
30 September 2023. The Agreement had therefore entered into force for it on 30 October 2023. On 
behalf of the Committee, the Chair congratulated  North Macedonia on this remarkable achievement. 
He said that the Committee was delighted to welcome North Macedonia to its first meeting as a new 
Party.  
1.2.  The representative of North Macedonia  expressed North Macedonia's gratitude to all Parties for 
suppor ting North Macedonia's accession. It had been a long journey, but North Macedonia was happy 
to have successfully reached the end of that important milestone. North Macedonia was glad to have 
been able to finalize the internal ratification process promptly and to have deposited the instrument 
of accession in less than three months from the last Committee meetings, which enabled 
North  Macedonia to participate in the Committee's November 2023 meetings as a new Party. In its GPA/M/87  
 
- 2 - 
 
  capacity as a Party, North Macedonia  provided a level playing field for foreign and domestic 
businesses at central and sub -central levels of government and major government agencies, given 
North  Macedonia's transparent and non -discriminatory public procurement system. North Macedonia 
once ag ain thanked the GPA Parties and the GPA Secretariat, as well the European Bank for 
Reconstruction and Development for their strong cooperation, assistance, constructive approach, 
and engagement in good faith throughout North Macedonia's accession, and for making it possible 
to bring North  Macedonia to the GPA family.  
1.3.  North Macedonia also highlighted that considering the global context, and the overall 
international, economic, commercial and political relations among the Parties, the GPA 2012 should 
contribu te to the integration and transparency of a bigger number of countries within the framework 
of the Agreement. In this regard, North Macedonia congratulated Albania for reopening the active 
negotiation process and submitting the replies to the Checklist of Issues in August, as well as 
Costa  Rica for submitting their replies to the Checklist of Issues recently. North Macedonia looked 
forward to cooperating constructively in the Committee and actively participating in all issues on 
regular agendas, including s upporting the accession of new parties to the GPA 2012.  
1.4.  The representative of the European Union  congratulated North Macedonia for having completed 
the domestic procedures for the accession to the GPA 2012 so quickly. The European Union had 
supported Nort h Macedonia's accession to the GPA 2012 since the beginning of the process and was 
thrilled with its accession. The European Union reminded the delegates of the importance of the 
accession for the Agreement and the further international opening of governme nt procurement 
markets and hoped that the accession would motivate other Members to join the Agreement. The 
European Union expressed its appreciation to the delegation of North Macedonia for its efforts in the 
accession process and welcomed North Macedonia  in the Committee as a fully -fledged Party, 
counting on the active participation of North Macedonia in the work of the Committee.  
1.5.  The representative of the United States  welcomed North Macedonia's accession to the GPA 
2012 and commended the hard work put i n by North Macedonia over the last several years. The 
United States noted that North Macedonia had stayed fully engaged with GPA Parties to solve any 
market access concerns despite years of lack of in -person meetings due to COVID -19 and then a 
lack of any Committee meetings, and appreciated North Macedonia's dedication, constant 
engagement and willingness to find constructive solutions. On 4 October 2023, the United States 
Trade Representative issued a federal register notice, applicable as of 30 October 20 23, waiving the 
discriminatory purchasing requirements with respect to goods and services of North Macedonia and 
providing market access to the United States' procurement market for North Macedonian goods, 
services and suppliers.  
1.6.  The United States was ple ased to see North Macedonia participating as a Party in the 
Committee's meetings, including in the Committee's Work Programmes, and was confident that 
North Macedonia would be a constructive Party in all Committee discussions. North Macedonia 
started its a ccession with a strong market access offer that was reflective of the coverage offered 
by other Parties and had worked with Parties to address any concerns in its offer. The United States 
hoped that other acceding Members would endeavour to provide the lev el of ambition seen in 
North  Macedonia's final market access offer moving forward. The United States stood ready to work 
with North Macedonia on GPA 2012 implementation, ensuring that they could fully realize the 
benefits related to transparency, anticorru ption, predictability and enhanced procurement processes, 
and making sure that North Macedonia's companies were able to harness the important commercial 
benefits of the Agreement.  
1.7.  The representative of Switzerland  congratulated North Macedonia for the ach ievement and 
welcomed it as a new Party to the GPA 2012. Switzerland recognized the continued ambitious 
engagement of North Macedonia during the accession process and stated that such a spirit would 
pave the way for an active and beneficial participation i n the work of the Committee. Switzerland 
looked forward to fruitful future cooperation with North Macedonia within the GPA family and invited 
other potential candidates for accession to follow a similar approach.  
1.8.  The representative of the United Kingdom  congratulated North Macedonia on its ratification of 
the GPA 2012 and welcomed the North Macedonian delegation at the Committee's meetings. The 
United Kingdom expressed gratitude for North Macedonia's approach to the accession process and 
constructive engage ment with the Committee. The detailed documentation, high level of market 
access and timely response to questions provided by North Macedonia represented a fantastic GPA/M/87  
 
- 3 - 
 
  example for all future acceding Members. The United Kingdom encouraged North Macedonia to offer 
its expertise across the full range of GPA 2012 issues by engaging at Committee meetings and Work 
Programmes. The United Kingdom welcomed North Macedonia's fresh perspective and ideas on the 
'reform by doing' agenda and looked forward to working with  acceding Members, hoping that the 
GPA 2012 membership would continue to grow.  
1.9.  The representative of Canada  congratulated North Macedonia on becoming a Party, considering 
it a very positive development. Canada firmly believed in the benefits of expanding t he GPA 2012 
membership and in the value that the GPA 2012 accession can bring to the Parties. Canada welcomed 
the North Macedonian delegation in attendance, marking the first occasion to participate in the 
Committee as a Party. Canada thanked North Macedon ia for its continued efforts and looked forward 
to its engaging on the work of the Committee.  
1.10.   The representative of Japan  recalled that North Macedonia applied to accede to the GPA 2012 
in 2017 and presented its initial offer in 2018. The revised market ac cess offer, presented by 
North  Macedonia after more than five years of accession negotiations, was of a high standard. Japan 
was pleased that North Macedonia had become the 22nd Party to the GPA 2012. Japan warmly 
welcomed the accession of North Macedonia to the GPA 2012 and expressed hope that its accession 
would have a positive impact on other accession negotiations.  
1.11.   The representative of New Zealand  joined the others in warmly welcoming North Macedonia 
to the Committee and looked forward to working with  them on government procurement issues.  
1.12.   The representative of Australia  welcomed North Macedonia to its first Committee meetings as 
a full Party and thanked it for the timely depositing of its instrument of accession. Australia had had 
a productive bilater al meeting with North Macedonia and looked forward to working together closely 
in the Committee and any of the related Work Programmes in which North Macedonia was interested 
in participating.  
1.13.   The representative of  the Republic of Korea  welcomed the delega tion from North Macedonia. 
Korea was pleased with the coming into force of the GPA 2012 for North Macedonia on 
30 October  2023 since North Macedonia's companies got the opportunity to harness the important 
commercial benefits of the GPA 2012. North Macedon ia's accession would also have a positive impact 
on other accession negotiations. Korea greatly appreciated the hard work put in by North 
Macedonia's delegation over the last several years and stood ready to work with North Macedonia 
on GPA 2012 implementa tion. 
1.14.   The representative of Norway  welcomed North Macedonia's accession to the GPA 2012. 
Norway looked forward to working with North Macedonia in the future and hoped that the GPA 
membership would continue to grow.  
1.15.   The representative of Singapore  welcomed the entry into force of the GPA 2012 for 
North  Macedonia and congratulated it on its accession to the GPA 2012. Accession was an important 
milestone and would be welcomed by businesses when accessing North Macedonia's GPA -covered 
market. Singapor e looked forward to constructively engaging with North Macedonia and to working 
with it to contribute to the work of the Committee.  
1.16.   The representative of the European Bank for Reconstruction and Development  (EBRD) was 
pleased to join the delegations in of ficially welcoming North Macedonia as a GPA 2012 Party. The 
EBRD GPA Technical Cooperation Facility (EBRD GPA TC Facility) was happy to support 
North  Macedonia in its accession process from the beginning in 2017 until that day. The EBRD 
extended its heartf elt congratulations to North Macedonia, the EBRD technical experts assisting the 
government of North Macedonia and all the GPA Parties on that fantastic achievement. The EBRD 
also congratulated Costa Rica on submitting its application for accession, a comm itment that 
reflected the role of the GPA 2012 as a trade instrument opening government procurement markets 
among its Parties as well as the increasing interest in being part of the plurilateral Agreement. The 
GPA 2012 was recognized as the "gold standard"  for trade agreements covering public contracts. It 
also increasingly served larger purposes, including reinforcing good governance in public 
procurement markets, the implementation of domestic procurement reforms, and possibly, 
environmental and sustainab ility goals.  GPA/M/87  
 
- 4 - 
 
  1.17.   The EBRD GPA TC Facility provided technical support to governments seeking accession to 
the GPA 2012, both at the negotiation and implementation stages. The EBRD was pleased to be 
supporting Albania on its recently reopened accession process a nd praised Albania's submission, 
back in August, of its revised replies to the Checklist of Issues, kickstarting negotiations once more. 
The EBRD hoped that following the submission of Albania's revised market access offer, the accession 
process would run smoothly, and that Albania would be welcomed as the next Party before long. 
The support of the EBRD GPA TC Facility was available to all economies where the Bank operated, 
and it had already provided for several important results, including the accession o f Montenegro in 
2015, Moldova and Ukraine in 2016, and North Macedonia in 2023. The EBRD GPA TC Facility also 
looked forward to working with the governments of Georgia, Jordan, and Tajikistan once negotiations 
were reopened.  
1.18.   The EBRD emphasised the close c ollaboration with the WTO Secretariat, particularly in the 
technical assistance context. The partnership was a resounding success and was central to the 
endeavours. The Secretariat's expertise had significantly contributed to the work of the joint Facility . 
The EBRD was immensely thankful for that fruitful cooperation and looked forward to strengthening 
their work in the future.  
1.19.   The Chair congratulated North Macedonia and all Parties on the successful completion of the 
accession process and the success that it represented for the GPA 2012. The Chair warmly 
encouraged North Macedonia's delegation to participate actively in the Committee's w ork and the 
Work Programmes and informed North Macedonia that the WTO Secretariat would be happy to assist 
should they require any assistance concerning their notification obligations.  
2  APPLICATION FOR ACCESSION TO THE GPA 2012: COSTA RICA  
2.1.  The Chair  stated  that Costa Rica submitted its application for accession to the GPA 2012 on 
28 September 2023. Shortly thereafter, Costa Rica submitted its replies to the Checklist of Issues 
(GPA/ACC/CRI/2 ), together with national laws and regulations relevant to government procurement. 
An unofficial translation in English of the replies to the Checklist of Issues was also shared with the 
Committee. Costa Rica's decision to apply for accession was certainly a most positive development 
and sent a very powerful and e ncouraging signal in exceptionally challenging times, not just for 
Latin America but also for international government procurement markets beyond.  
2.2.  The representative of Costa Rica , Ambassador Ronald Saborío Soto, congratulated 
North  Macedonia on its succe ssful accession to the Agreement and expressed the hope to get there 
soon. Costa Rica appreciated the opportunity to refer to its request to join the GPA 2012. The Political 
Constitution of Costa Rica established the obligation for the State to carry out c ontracts through 
bidding procedures. That was why, historically, government procurement had been viewed as a 
fundamental element of public finances for making the best possible use of taxpayer resources. A 
legal framework had been established based on prin ciples such as free competition, equality, 
publicity and transparency. The challenge in recent years had been the question of approaching 
government procurement as a development tool, focusing on better planning and management. Due 
to its commitment to the  modernization of the government procurement system, Costa Rica had 
requested in 2015 to participate as an observer in the Committee, considering that it would be an 
important space for feedback, both for its trade relations and for the development of inte rnal policies. 
It was also considered at that time that that could be a first step towards accession in the future.  
2.3.  Additionally, since 2010, Costa Rica had begun the strategy of approaching the OECD with the 
objective of becoming a member of this organiza tion, participating in several of its permanent 
bodies, signing a series of legal instruments and submitting its public policies to the strict reviews 
of the OECD. In 2015, Costa Rica was invited to begin the process of joining the OECD, which led to 
deep legislative reforms aimed at the adoption of the highest standards and best practices of the 
OECD in numerous areas of Costa Rica's public policy. Among them, Costa Rica's government 
procurement system was subject to deep examination, which had provided im portant inputs for the 
drafting of a bill that gave rise to a new General Public Procurement Law (Law 9986), effective as of 
1 December 2022.  
2.4.  The discussions on government procurement in international fora also contributed to the 
strengthening of the legal  and institutional framework that governed the field in Costa Rica. 
Costa  Rica had had the open and collaborative  participation of different national institutions, which GPA/M/87  
 
- 5 - 
 
  had analysed the issue from a global perspective. This also led Costa Rica to consider  more closely 
the impact of government procurement on trade dynamics. Costa Rica had benefited for many years 
from an open trade policy that had allowed the integration of its economy into global  trade and an 
investor -friendly FDI attraction policy as well , with very successful results. Costa Rica thus managed 
to diversify and sophisticate its exportable offer and integrate  a considerable part of its exports into 
global value chains of advanced manufacturing and high value -added business support services.  
2.5.  Costa Rica's preferential trade agreements offer its exports secure and predictable preferential 
access to more than 50 markets that together represent 2/3 of global GDP. Costa Rica incorporated  
commitments on government procurement in several of its inter national trade instruments because 
it valued the access of its goods and services to government markets. In that sense, Costa Rica saw 
the GPA 2012 as a natural step in its trade opening strategy and as a valuable tool to guarantee 
predictable access to ot her markets, based on rules and legal certainty.  
2.6.  Costa Rica was committed to the accession process  that would begin. In the preceding days, 
Costa Rica had submitted responses to the Checklist of issues and intended to submit its first market 
access offer well in advance of the Committee's March 2024 meetings. Costa Rica wished to conclude 
the accession process as soon as possible and was available  to the Parties to work together towards 
that objective.  
2.7.  The representative of the European Union  extended a wa rm welcome to Costa Rica as it 
initiated its accession process. This commendable step underscored Costa Rica's dedication to closer 
ties with the GPA Parties and served as a beacon of hope for other Central American nations to 
consider a similar journey in  the future. The European Union particularly welcomed the swift 
submission of the replies to the Checklist of Issues. The European Union had had a fruitful bilateral 
discussion with the capital -based delegation from Costa Rica on the margins of the Committ ee's 
meetings. The European Union encouraged Costa Rica to continue its ambitious accession process 
and to submit the initial market access offer soon. The European Union was willing to further engage 
with and provide support to Costa Rica throughout that process.  
2.8.  The representative of the United States  welcomed the capital -based delegation from Costa Rica 
and thanked it for a constructive bilateral meeting. Costa Rica was an important trading partner for 
the United States. It would be a welcome addition to  the GPA 2012, should it provide an ambitious 
market access coverage, and would enhance the important  regional diversity of the GPA 2012. 
Costa  Rica had already taken on procurement obligations with the United States and other GPA 
Parties through its FTA c ommitments, many of which contained procedural obligations that were 
very similar to the GPA 2012. As such, Costa Rica's procurement system was well positioned to apply 
the high standards of the Agreement. The United States thanked Costa Rica for providing  its replies 
to the Checklist of Issues and looked forward to seeing its initial market access offer. The 
United  States undertook to provide comments on the replies to the Checklist of Issues before the 
Committee's March meetings and stood ready to work wi th Costa Rica on its GPA accession.  
2.9.  The representative of Japan  welcomed Costa Rica's application to accede to the GPA 2012 and 
appreciated its replies to the Checklist of Issues submitted immediately after its application. Japan 
had had a bilateral meetin g with Costa Rica and the two were able to have meaningful discussions. 
Japan welcomed the participation of the delegation from the capital and looked forward to 
Costa  Rica's initial market access offer and to the expansion of the GPA Parties in the Latin American 
region.  
2.10.   The representative of Canada  welcomed the Ambassador and the capital -based delegation 
from Costa Rica. Canada had had a bilateral meeting with Costa Rica, and it was a pleasure to see 
Costa Rica, the first Member from Central America, to apply for accession to the GPA 2012, which 
was a very positive development. Canada looked forward to engaging with Costa Rica on its replies 
to the Checklist of Issues and eventually on its initial market access offer.  
2.11.   The representative of the United Kingdom  congratulated Costa Rica on its applicati on for 
accession to the GPA 2012 and appreciated the attendance from Costa Rica. The United Kingdom 
noted the significance of Costa Rica's application and welcomed it as the first Member from 
Central  America to join the GPA 2012. The United Kingdom looked forward to working closely with 
Costa  Rica throughout its accession process and encouraged it to keep progressing its accession. GPA/M/87  
 
- 6 - 
 
  The United Kingdom found Costa Rica to be a proactive and helpful partner as they worked together 
across other WTO Committees, and was convinced that that would translate to the GPA accession.  
2.12.   The representative of Australia  warmly welcomed Costa Rica's application to accede to the 
GPA 2012. Australia thanked Costa Rica for the incredibly timely submission of its replies to the 
Checklist of Issues, which Australia was reviewing and on which it looked forward to providing any 
comments or questions. Australia had had a positive bilateral meeting with Costa Rica and looked 
forward to working with it on its accession over the coming m onths, including on ambitious, 
comprehensive market access negotiations in due course.  
2.13.   The representative of  the Republic of Korea  welcomed Costa Rica's application for accession 
to the GPA 2012 and appreciated the responses to the Checklist of Issues in English. Korea had had 
a bilateral meeting with Costa Rica and was encouraged by the ambition of Costa Rica to circulate 
its initial market access offer by the Committee's March 2024 meetings. Korea affirmed its readiness 
to continue the constant engagemen t with Costa Rica in the process of accession.  
2.14.   The representative of Switzerland  welcomed the delegation of Costa Rica and appreciated its 
willingness as the first Central American country to engage substantially in the GPA accession 
negotiation process. Referring to the EFTA -Costa Rica bilateral meeting held earlier that morning, 
Switzerland thanked the delegation of Costa Rica for having already shared with the GPA Parties the 
replies to the Checklist of Issues, which Switzerland undertook to examine car efully in the upcoming 
weeks, and encouraged Costa Rica to submit an initial market access offer as soon as possible. 
Switzerland had already had a privileged opportunity to exchange views about the benefits of 
adhering to GPA 2012 rules and principles in the context of the EFTA -Central America free trade 
agreement a few years prior. Switzerland was confident that the familiarity with international 
government procurement standards and the experiences gained within other international 
agreements provide Cost a Rica with a solid and promising basis for its GPA accession negotiations. 
Switzerland looked forward to cooperating closely with Costa Rica on that important project.  
2.15.   The representative of Israel  welcomed Costa Rica to the GPA 2012 and congratulated it o n 
the first step in its ambitious accession process. Israel undertook to review the initial market access 
offer with great interest as soon as it would be submitted. Israel looked forward to working with 
Costa Rica throughout the accession process.  
2.16.   The re presentative of New Zealand  welcomed Costa Rica's application for accession. 
New Zealand did not have an opportunity to engage with Costa Rica that week but took note of the 
timely circulation of replies to the Checklist of Issues and looked forward to hav ing a substantive 
discussion with Costa Rica in March 2024.  
2.17.   The representative of Singapore  welcomed Costa Rica's application and congratulated it on 
the major milestone that was a testament of the value of the GPA 2012 to the Members. Singapore 
looked fo rward to working with Costa Rica closely in the accession process.  
2.18.   The representative of Norway  welcomed the delegation of Costa Rica and looked forward to 
receiving Costa Rica's initial market access offer and to working with it in future.  
2.19.   The Chair  joined the Parties in warmly welcoming Costa Rica's application to join the 
Agreement. Costa Rica's accession process was of systemic importance, and the Chair was hopeful 
that it would be followed in Latin America with great interest. The Chair therefore enco uraged 
Costa  Rica to use the momentum it had gathered and to submit its initial market access offer as 
soon as possible. The Chair also encouraged the Parties to submit written comments and questions 
on Costa  Rica's replies to the Checklist of Issues well in advance of the Committee's March 2024 
meetings. Furthermore, the Chair encouraged Costa Rica and interested Parties to conduct bilateral 
consultations intersessionally with the aim of moving the accession forward.  
3  ADOPTION, IF AGREEABLE, OF THE DRAFT C OMMITTEE DECISION CONCERNING THE 
DERESTRICTION OF AN INITIAL LIST OF HISTORICAL GPA DOCUMENTS ALREADY 
CIRCULATED (DOCUMENT TO BE CIRCULATED)  
3.1.  The Chair  recalled that, in October 2018, the WTO Secretariat had circulated a note setting out 
information on proc edures currently in use for the circulation, derestriction and translation of GPA/M/87  
 
- 7 - 
 
  GPA-related documents. The purpose of the Note had been to clarify the operation of the relevant 
procedures and to facilitate their review, if desired, by the Committee, with the  overall objectives of 
facilitating the administration of the GPA 2012 and ensuring an appropriate level of transparency for 
Members and the general public. Discussions on the topic took place at the Committee's meetings 
held in 2019, 2020, 2021 and 2023, and a number of additional documents had been circulated, 
including draft decisions prepared by the Secretariat at the request of the Committee. The version 
of the draft Committee decision that was proposed for adoption concerned the derestriction of an 
initial list of historical GPA documents and had been circulated on 2 November 2023 
(RD/GPA/68/Add.5 ).  
3.2.  The Committee adopted the draft decision as set out in document RD/GPA/68/Add.5.  
3.3.  The representative of the European Union  was convinced of the importance of the discussion 
on providing further transparency to the activities of the Committee, maintaining at the same time 
the effectiveness of its work arrangements. The European Union was mindful of a similar exercise 
happening currently in the Gene ral Council. The European Union thanked the Secretariat for 
including an agenda item on the adoption of the draft decision concerning  the derestriction of the 
initial list of historical GPA documents already circulated . The European Union was ready to endo rse 
that decision.  
3.4.  Regarding the draft decision concerning derestriction of the GPA documents to be circulated  in 
future, the European Union stated that it was working constructively together with other Parties with 
a view to reaching a consensus leading towards the adoption of the decision, at a time appropriate 
for all GPA Parties.  
3.5.  The representative of the United Kingdom  stated that the proactive and collaborative effort to 
drive the decision forward was a great example to the Committee and was consistent with the ' reform  
by doing' agenda. The United Kingdom believed that transparency was vitally important  for the 
effecti ve functioning of the Committee and hoped that together with feedback from other Parties, 
both decisions would create a clear and open procedure for the circulation and derestriction of 
documents.  
3.6.  The representative of the United States  welcomed the decision taken that day on the 
derestriction of historical documents and the transparency  provided. The United States also thanked 
the Parties for the discussions on the draft Committee decision concerning GPA documents to be 
circulated in th e future and expressed hope that the Parties could work to finalize the draft decision 
so as to approve it at the Committee's year -end meeting.  
3.7.  The Chair congratulated the Parties on reaching agreement on the decision and joined them in 
welcoming that posi tive step, which enhanced the transparency of the Committee and contributed 
to the Committee's current 'reforming by doing' efforts. The Chair instructed the Secretariat to 
circulate the adopted Committee Decision as a document in the GPA/CD series and to take the 
appropriate steps to derestrict the relevant documents as soon as possible after the Committee's 
meetings. In addition, the Chair instructed the Secretariat to prepare and circulate in due course a 
draft decision concerning additional historical G PA-documents already circulated for possible 
derestriction.  
4  OTHER BUSINESS  
4.1.  The Chair invited the European Union to make a statement under 'Other business' regarding 
the "Latest developments in relation to the implementation of the U.S. Infrastructure Inve stment 
and Jobs Act, in the context of the recent Guidance issued by the U.S. Office for Management and 
Budget".  
4.2.  The representative of the European Union  said that, recently, the Office of Management and 
Budget (OMB) modified its Guidance for Grants and Ag reements (the "Guidance") to implement the 
Build America, Buy America Act (BABA) part of the United States Infrastructure and Jobs Act (IIJA). 
The Guidance entered into effect on 23 October 2023. On 25 October 2023, the Office of 
Management and Budget issu ed a revised Memorandum that provided further guidance to federal 
agencies on the application of the Buy America preference, including on the waiver process. The 
European Union noted that the United States committed to provide non -discriminatory treatment to GPA/M/87  
 
- 8 - 
 
  European Union suppliers, goods, and services under the GPA 2012. In this respect, the 
European  Union further noted that Section 70914 of the Infrastructure and Jobs Act required that 
the Made in America preference "… shall be applied in a manner consis tent with United States 
obligations under international agreements". The United States' partners and allies had been 
repeatedly reassured that the Administration's Made in America policy would fully comply with the 
existing international agreements. Howeve r, the Guidance was silent as to the compliance of the 
Buy America requirements with United States international obligations. Moreover, the revised 
Memorandum stated that "[i]f a recipient is a State that has assumed procurement obligations 
pursuant to the  Government Procurement Agreement or any other trade agreement, a waiver of a 
Made in America condition to ensure compliance with such obligations may be in the public interest".  
4.3.  The European Union was concerned that the text would not make procuring entit ies aware of 
the extent of United States' commitments under the GPA 2012, as waiving the Made in America 
condition was considered as a possibility, whereas it should have been clearly identified as an 
obligation. Pursuant to the GPA 2012, the United States ' procuring entities were obliged, not just 
entitled, to grant non -discriminatory treatment to foreign suppliers of covered procurement. It 
ought, therefore, to have been clearly stated that the procuring entities must request a waiver of 
the Made in Ameri ca condition to comply with GPA 2012 obligations and that these waivers should 
be deemed consistent with the applicable law and policy by the Made in America Office. Further, to 
avoid undue delays and unnecessarily burdensome procedures, instructing States  to issue general 
applicability waivers from the Build America, Buy America Act in the areas where they had 
undertaken international commitments might be considered.  
4.4.  The representative of Canada  raised concerns over the expansion of Buy America requirement s 
by the United States. The United States had created new procedural barriers for Canada and other 
GPA Parties to access its covered sub -federal procurement markets via the implementation of the 
BABA. Specifically, Canada's concerns were in response to the  final guidance issued by the OMB on 
23 August 2023, and the more recent supplemental implementation guidance issued on 
25 October  2023, through OMB Memorandum M -24-02. Broadly, the guidance attempted to clarify 
provisions related to domestic preferences a nd provided further details on implementing the 
requirements set out in the BABA.  
4.5.  Despite several government and industry stakeholders urging the OMB during public 
consultations in February 2023 to include clear instructions to ensure that federal agencie s and 
state-level procuring entities abided by the GPA 2012 obligations, the final guidance and OMB 
Memorandum M -24-02 did not include any general waiver or specific instructions on how to ensure 
compliance with trade agreement obligations. Instead, the fi nal guidance from August 2023 simply 
stated that "the [Infrastructure Investment and Jobs Act] recognizes that public interest waivers are 
an appropriate mechanism to allow Federal financial assistance recipients to meet obligations under 
international agr eements."  
4.6.  Furthermore, OMB Memorandum M -24-02 explained that "a Federal agency that applies a BABA 
preference to Federal awards may propose to waive BABA requirements in the public interest to 
allow a State to comply with its obligations" and that if "a r ecipient is a State that has assumed 
procurement obligations pursuant to the Government Procurement Agreement or any other trade 
agreement, a waiver of a Made in America condition to ensure compliance with such obligations may 
be in the public interest". T he use of the term "may" as opposed to 'shall' suggested that the OMB 
considered requesting and granting those waivers to be discretionary rather than mandatory. 
Canada's understanding of the waiver process was that a foreign supplier could not directly re quest 
a waiver and must instead rely on the United States' contractor to communicate with award recipient 
to request that the recipient initiate a waiver process. As such, it was unclear if covered state -level 
procuring entities would decide to request pub lic interest waivers and if federal agencies would issue 
such waivers to ensure compliance with their GPA 2012 obligations.  
4.7.  Canada further stated that even if a public interest waiver was to be granted, given the lengthy 
timelines and administrative compl exities involved in the waiver process, the United States' 
contractors may simply ignore the waiver process and look to source domestic goods at the expense 
of foreign suppliers. Further, it was expected that the increase in the volume of waiver requests 
would create further administrative burden and delays. For example, the United States Department 
of Housing and Urban Development, just one of the many federal departments requiring BABA 
certification, had estimated that new BABA information collection acti vities would result in an 
additional 5,000 hours of administrative burden per year.  GPA/M/87  
 
- 9 - 
 
  4.8.  Aside from the waiver process itself, Canada was also concerned with the practical day -to-day 
application of the expanded Buy America requirements for both the United Stat es' contractors and 
state-level procuring entities. Canada was already seeing signs of a general chilling effect, whereby 
the United States' suppliers and distributors were reluctant to source Canadian construction 
materials and manufactured products, incl uding those that contained United States raw materials 
and inputs. While OMB Memorandum M -24-02 referred to the United States' international trade 
obligations, it failed to address Canada's concerns with respect to the waiver process. This was 
despite the fact that Canada and others had repeatedly brought those concerns to the attention of 
the United States.  
4.9.  In Canada's view, foreign suppliers whose goods were covered by the GPA 2012 should not 
have to advocate for a state -level procuring entity to seek a public interest waiver in order to benefit 
from market access that they were guaranteed under the GPA 2012. Canada expected the 
United  States to guarantee non -discrimination for its sub -federal infrastructure procurements that 
were covered under the GPA 20 12. For that reason, Canada hoped that the United States would 
issue supplemental guidance on that topic. In Canada's view, doing so would help promote business 
certainty and avoid major disruptions to well -established supply chains. Canada looked forward to 
hearing from the United States about what steps it intended to take to ensure its GPA 2012 
obligations were respected.  
4.10.   The representative of the United Kingdom  thanked the European Union for raising that agenda 
item and summarizing their concerns with t he latest development in relation to the implementation 
of the United States Infrastructure Investment and Jobs Act. The United Kingdom had also taken 
note of recent developments in United States policies and maintained similar concerns around the 
limited references in guidance in terms of compliance by the United States with its international 
obligations and with the burdensome waiver processes. The United Kingdom expressed concern that 
ambiguous and limited references to the United States' international o bligations in guidance and 
failure to specifically mention the principle of non -discrimination would more likely result in the 
suppliers from the United Kingdom being erroneously refused or delayed from participating in the 
United States' procurement contr acts. The United Kingdom stated that it had already heard from 
several suppliers from the United Kingdom who had had trouble engaging United States procurement 
officials and navigating the waiver process, with the misapplication of domestic preference 
restrictions cited as a common barrier.  
4.11.   The United Kingdom encouraged the United States to explore ways of sending clearer signals 
and information about their international obligations to relevant departments and agencies and 
simplifying the burdensome waiver process for GPA 2012 suppliers. The United Kingdom was grateful 
for the proactive engagement from the United States on that topic to date and welcomed continued 
engagement and further clarification on how unnecessary barriers to trade could be prevented 
moving forward.  
4.12.   The representative of Australia  stated that it had had a constructive bilateral meeting with 
the United States during which Australia had noted its ongoing interest in the implementation of the 
procurement policies of the United States govern ment. That included the final guidance issued by 
OMB on the Build America, Buy America Act and the noted complexity associated with its 
implementation. Australia welcomed the United States' confirmation that the Build America, Buy 
America Act requirements were being and would be implemented consistent with its international 
trade commitments, including under the GPA 2012. Australia similarly took note of the OMB's 
comments accompanying the August guidance, acknowledging stakeholder engagement on those 
issues, including from the GPA Parties. Australia looked forward to seeing any further iterations of 
OMB Memorandum M -24-02 or other relevant guidance documents, to provide important further 
clarity and certainty for procuring entities and Party suppliers alike , including Australian suppliers.  
4.13.   Similarly to other GPA Parties, the representative of Switzerland  expected that any relevant 
Build America Buy America policy be implemented in a way that was unequivocally and explicitly 
consistent with international agr eements relating to government procurement. Switzerland 
understood that quite a number of important local stakeholders, such as the United States Chamber 
of Commerce, had voiced a similar message in their position statements. Switzerland was convinced 
that it was both in the interest of the United States' federal and State entities concerned to make 
sure that they could benefit from the best possible offer, and of the suppliers from GPA Parties to 
fully make use of the opportunities provided by the internat ional agreements without any possible GPA/M/87  
 
- 10 - 
 
  impediments to trade. Switzerland thanked the United States for any information and update about 
future steps in the implementation of the guidance.  
4.14.   The representative of the United States  took note of the comments ma de by the 
European  Union and other GPA Parties. On 25 October 2023, OMB published a supplementary 
memorandum on "Implementation Guidance on Application of Buy America Preference in Federal 
Financial Assistance Programs for Infrastructure". Section V of the  memorandum provides guidance 
on consistency with international agreements. Specifically, the memorandum notes that "[p]ursuant 
to Section 70914(e) of BABA, this/the guidance must be applied in a manner consistent with the 
obligations of the United States under international agreements". The existing waiver system allowed 
the United States Government to assess whether an entity receiving a grant was engaged in a 
procurement covered by international obligations; whether the entity receiving the grant was in the 
GPA 2012 and/or FTA schedules; and whether the procurement met the monetary threshold. The 
waiver system allowed agencies to issue public interest waivers to ensure compliance with 
international trade obligations if a recipient was a State that had ass umed procurement obligations 
pursuant to the GPA 2012 or any other trade agreement. The United States would continue to ensure 
that BABA was applied in a way that was consistent with the United States' international obligations.  
__________