RESTRICTED  
  
GPA/MOD/JPN/81  
 
29 June 2016  
(16-3522)  Page: 1/6  
Committee on Government Procurement  Original: English  
 
 PROPOSED MODIFICATIONS TO APPENDIX I OF JAPAN UNDER THE (1994)  
AGREEMENT ON GOVERNMENT PROCUREMENT 
COMMUNICATION FROM JAPAN PU RSUANT TO ARTICLE XXIV:6(b)1 OF THE GPA (1994) 
The following communication, dated 27 June 2016, is being circulated at the request of the 
Delegation of Japan.  
_______________ 
  1. Pursuant to Article XXIV, paragraph 6(b) of the Agreement on Government Procurement, 
done at Marrakesh on 15 April 1994 (hereinafter  referred to as the "1994 Agreement"), the 
Government of Japan hereby notifies the Committee on Government Procurement of the following modification relating to its Annex 3, Appendix I to the 1994 Agreement: 
a. Withdraw "- Kyushu Railway Company (a)" from "1. Group A" of the List of Entities; and 
withdraw "- Kyushu Railway Company (a)(g)" from "1. Group A" of  the List of Entities which procure the services, specified in Annex 4. 
2. This modification is based on the fact that the Amendment to the Law concerning Passenger 
Railway Companies and Japan Freight Railway Company (hereinafter referred to as the "Amendment Law") was promulgated on 10 June 2015 and entered into force on 1 April 2016. The Government of Japan had maintained effective control over the Kyushu Railway Company 
(hereinafter referred to as the "Company") under the Law concerning Passenger Railway 
Companies and Japan Freight Railway Company (hereinafter referred to as the "Former Law"). From the date of the entry into force of the Amen dment Law, the Former Law no longer applies to 
the Company and, judging from the following facts, government control or influence over the 
Company's covered procurement is effectively eliminated: 
a. Any law, regulation, procedure, or administrative guidance which governed any aspect of 
the management or operation of the Company's covered procurement and which did not 
apply to other enterprises engaged in the same sector or industry is no longer applicable to the Company; 
b. The Japanese government does not participate in the management or control of the 
Company or in its business decisions or operations beyond the government's regulatory 
oversight of the relevant industry; 
c. The Japanese government's authority to appoint the Company's directors or managers 
has been eliminated; 
                                               
1 Article XXIV:6(b) reads as follows: Rectifications or Modifications (b) Where a Party wishes, in exercise 
of its rights, to withdraw an entity from Appendix I on the grounds that government co ntrol or influence over it 
has been effectively eliminated, that Party shall notify the Committee. Such modification shall become effective 
the day after the end of the following meeting of the Comm ittee, provided that the meeting 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 procedures on 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 th e removal of government control or 
influence. GPA/MOD/JPN/81 
 
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  d. The Company is not more accountable to the Japanese government or to the public 
treasury in respect of its expenditures or th e profitability than other enterprises engaged 
in the same sector or industry; 
e. The Company is financially independent on, and not supported continuously by, the 
Japanese government through such means as the Japanese government's provision of a 
continuous operating subsidy to an entity; and 
f. The whole shares of the Company are to be sold by the end of this fiscal year. 
3. Attachment A to this document shows (in bold, strikeout or underlining) the proposed 
modifications by Japan to the corresponding pages (pages 1/5 and 3/5) of Annex 3 to Appendix I. Attachment B indicates how these pages would appear after the proposed modifications have been accepted.
2 
                                               
2 Attachments A and B are in English only. GPA/MOD/JPN/81 
 
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APPENDIX I JAPAN  ANNEX 3 Page 1/5  
 
26 June 2015 (WT/Let/1047)  ATTACHMENT A 
JAPAN  
 
ANNEX 3 
 
All Other Entities which Procure in Accordance  
with the Provisions of this Agreement  
 
Supplies  
 
Threshold : 
 
130 thousand SDR  
 
List of Entities : 
 
1. Group A 
 - Japan Water Agency - Japan Regional Development Corporation 
- Japan Railway Construction Public 
Corporation (a)(d) 
- Narita International Airport Corporation 
- East Nippon Expressway Company Limited 
- Central Nippon Expressway Company 
Limited 
- West Nippon Expressway Company Limited 
- Metropolitan Expressway Company Limited - Hanshin Expressway Company Limited - Honshu-Shikoku Bridge Expressway 
Company Limited 
- Japan Expressway Holding and Debt 
Repayment Agency 
- Urban Development Corporation (a) 
- Japan Science and Technology Agency - Japan Atomic Energy Agency (b) 
- Japan Environmental Storage & Safety 
Corporation (h) 
- Japan International Cooperation Agency - Welfare and Medical Service Agency 
- Government Pension Investment Fund 
- Agriculture and Livestock Industries 
Corporation 
- Japan Oil, Gas and Metals National 
Corporation (c) 
 - Japan Small and Medium Enterprise 
Corporation 
- Japan Post - Japan Labour Health and Welfare 
Organization 
- Japan Organization for Employment of the 
Elderly, Persons with Disabilities and Job 
Seekers 
- Okinawa Development Finance Corporation - Japan Finance Corporation - Japan Bank for International Cooperation 
- Japan Housing Finance Agency 
- Japan Finance Organization for Municipalities - Development Bank of Japan Inc. 
- Tokyo Metro Co., Ltd. (a) 
- Japan Tobacco Inc. - Hokkaido Railway Company (a) 
- Shikoku Railway Company (a) 
- Kyushu Railway Company (a) 
- Japan Freight Railway Company (a) - Nippon Telegraph and Telephone Corporation 
(f) 
- Nippon Telegraph and Telephone East 
Corporation (f) 
- Nippon Telegraph and Telephone West 
Corporation (f) 
- Northern Territories Issue Association 
- National Consumer Affairs Center of Japan 
- RIKEN (b) - Environmental Restoration and Conservation 
Agency 
- Fund for the Promotion and Development of 
the Amami Islands 
- Japan Foundation, The 
- Japan Student Services Organization 
 GPA/MOD/JPN/81 
 
- 4 - 
 
APPENDIX I JAPAN  ANNEX 3 Page 3/5  
 
26 June 2015 (WT/Let/1047)  Supplies (cont'd)  
 
 - National Traffic Safety and Environment 
 Laboratory 
- National Maritime Research Institute - Port and Airport Research Institute 
- Electronic Navigation Research Institute 
- Marine Technical Education Agency - National Institute for Sea Training - Civil Aviation College 
- National Institute for Environmental 
 Studies - Labor Management Organization for  USFJ 
 Employees 
- National Agency of Vehicle Inspection - National Statistics Center 
- Japan Mint 
- National Printing Bureau - National Hospital Organization - National University Corporation 
- Inter-University Research Institute 
 Corporation - National Institute of Technology 
- National Institution for Academic 
 Degrees  and University Evaluation - Center for National University Finance 
 and Management 
  Services  
 
Threshold : 
 
Construction services : 
4,500 thousand SDR for Japan Post in Group A 15,000 thousand SDR for all other entities in 
Group A 
4,500 thousand SDR for entities in Group B  Architectural, engineering and other technical 
services covered by this Agreement: 
450 thousand SDR  
 
Other services :  130 thousand SDR 
 
List of Entities which procure the services, 
specified in Annex 4 : 
 1. Group A 
 
- Japan Water Agency - Japan Regional Development 
 Corporation  
 
 - Japan Railway Construction Public 
 Corporation  (a)(d) 
- Narita International Airport Corporation - East Nippon Expressway Company Limited 
- Central Nippon Expressway Company 
 Limited - West Nippon Expressway Company Limited - Metropolitan Expressway Company Limited 
- Hanshin Expressway Company Limited 
- Honshu-Shikoku Bridge Expressway  Company Limited 
- Japan Expressway Holding and Debt 
 Repayment Agency - Urban Development Corporation (a) 
- Japan Science and Technology Agency 
- Japan Atomic Energy Agency (b) - Japan Environmental Storage & Safety 
Corporation (h) 
- Japan International Cooperation Agency 
- Welfare and Medical Service Agency - Government Pension Investment Fund 
- Agriculture and Livestock Industries 
 Corporation - Japan Oil, Gas and Metals National 
 Corporation (c) 
- Japan Small and Medium Enterprise  Corporation - Japan Post 
- Japan Labour Health and Welfare 
 Organization - Japan Organization for Employment of the 
 Elderly, Persons with Disabilities and Job 
 Seekers - Okinawa Development Finance Corporation 
- Japan Finance Corporation 
- Japan Bank for International Cooperation - Japan Housing Finance Agency - Japan Finance Organization for 
 Municipalities 
- Development Bank of Japan Inc. - Tokyo Metro Co., Ltd. (a) 
- Japan Tobacco Inc. (g) 
- Hokkaido Railway Company (a)(g) - Shikoku Railway Company (a)(g) 
- Kyushu Railway Company (a)(g) 
 GPA/MOD/JPN/81 
 
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APPENDIX I JAPAN  ANNEX 3 Page 1/5  
 
… 2016 (WT/Let/…)  ATTACHMENT B 
JAPAN  
 
ANNEX 3 
 
All Other Entities which Procure in Accordance  
with the Provisions of this Agreement  
 
Supplies  
 
Threshold : 
 
130 thousand SDR  
 
List of Entities : 
 
1. Group A 
 - Japan Water Agency - Japan Regional Development Corporation 
- Japan Railway Construction Public 
Corporation (a)(d) 
- Narita International Airport Corporation 
- East Nippon Expressway Company Limited 
- Central Nippon Expressway Company 
Limited 
- West Nippon Expressway Company Limited 
- Metropolitan Expressway Company Limited - Hanshin Expressway Company Limited - Honshu-Shikoku Bridge Expressway 
Company Limited 
- Japan Expressway Holding and Debt 
Repayment Agency 
- Urban Development Corporation (a) 
- Japan Science and Technology Agency - Japan Atomic Energy Agency (b) 
- Japan Environmental Storage & Safety 
Corporation (h) 
- Japan International Cooperation Agency - Welfare and Medical Service Agency 
- Government Pension Investment Fund 
- Agriculture and Livestock Industries 
Corporation 
- Japan Oil, Gas and Metals National 
Corporation (c) 
 - Japan Small and Medium Enterprise 
Corporation 
- Japan Post - Japan Labour Health and Welfare 
Organization 
- Japan Organization for Employment of the 
Elderly, Persons with Disabilities and Job 
Seekers 
- Okinawa Development Finance Corporation - Japan Finance Corporation - Japan Bank for International Cooperation 
- Japan Housing Finance Agency 
- Japan Finance Organization for Municipalities - Development Bank of Japan Inc. 
- Tokyo Metro Co., Ltd. (a) 
- Japan Tobacco Inc. - Hokkaido Railway Company (a) 
- Shikoku Railway Company (a) 
- Japan Freight Railway Company (a) - Nippon Telegraph and Telephone Corporation 
(f) 
- Nippon Telegraph and Telephone East 
Corporation (f) 
- Nippon Telegraph and Telephone West 
Corporation (f) 
- Northern Territories Issue Association - National Consumer Affairs Center of Japan 
- RIKEN (b) 
- Environmental Restoration and Conservation 
Agency 
- Fund for the Promotion and Development of 
the Amami Islands 
- Japan Foundation, The - Japan Student Services Organization 
 GPA/MOD/JPN/81 
 
- 6 - 
 
APPENDIX I JAPAN  ANNEX 3 Page 3/5  
 
… 2016 (WT/Let/…)  Supplies (cont'd)  
 
 - National Traffic Safety and Environment 
 Laboratory 
- National Maritime Research Institute - Port and Airport Research Institute 
- Electronic Navigation Research Institute 
- Marine Technical Education Agency - National Institute for Sea Training - Civil Aviation College 
- National Institute for Environmental 
 Studies - Labor Management Organization for  USFJ 
 Employees 
- National Agency of Vehicle Inspection - National Statistics Center 
- Japan Mint 
- National Printing Bureau - National Hospital Organization - National University Corporation 
- Inter-University Research Institute 
 Corporation - National Institute of Technology 
- National Institution for Academic 
 Degrees  and University Evaluation - Center for National University Finance 
 and Management 
  Services  
 
Threshold : 
 
Construction services : 
4,500 thousand SDR for Japan Post in Group A 15,000 thousand SDR for all other entities in 
Group A 
4,500 thousand SDR for entities in Group B  Architectural, engineering and other technical 
services covered by this Agreement: 
450 thousand SDR  
 
Other services :  130 thousand SDR 
 
List of Entities which procure the services, 
specified in Annex 4 : 
 1. Group A 
 
- Japan Water Agency - Japan Regional Development 
 Corporation  
 
 - Japan Railway Construction Public 
 Corporation  (a)(d) 
- Narita International Airport Corporation - East Nippon Expressway Company Limited 
- Central Nippon Expressway Company 
 Limited - West Nippon Expressway Company Limited - Metropolitan Expressway Company Limited 
- Hanshin Expressway Company Limited 
- Honshu-Shikoku Bridge Expressway  Company Limited 
- Japan Expressway Holding and Debt 
 Repayment Agency - Urban Development Corporation (a) 
- Japan Science and Technology Agency 
- Japan Atomic Energy Agency (b) - Japan Environmental Storage & Safety 
Corporation (h) 
- Japan International Cooperation Agency 
- Welfare and Medical Service Agency - Government Pension Investment Fund 
- Agriculture and Livestock Industries 
 Corporation - Japan Oil, Gas and Metals National 
 Corporation (c) 
- Japan Small and Medium Enterprise  Corporation - Japan Post 
- Japan Labour Health and Welfare 
 Organization - Japan Organization for Employment of the 
 Elderly, Persons with Disabilities and Job 
 Seekers - Okinawa Development Finance Corporation 
- Japan Finance Corporation 
- Japan Bank for International Cooperation - Japan Housing Finance Agency - Japan Finance Organization for 
 Municipalities 
- Development Bank of Japan Inc. - Tokyo Metro Co., Ltd. (a) 
- Japan Tobacco Inc. (g) 
- Hokkaido Railway Company (a)(g) - Shikoku Railway Company (a)(g) 
 
 
 
__________