RESTRICTED  
  
GPA/ACC/UKR/16  
 
12 January 2015  
(15-0201)  Page: 1/2  
Committee on Government Procurement  Original: English  
 
  
 
ACCESSION OF UKRAINE TO THE AGREEMENT ON GOVERNMENT PROCUREMENT 
COMMUNICATION FROM CANADA 
The following communication, dated 9 January 2015, is being circulated at the request of the 
delegation of Canada. 
 
 
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QUESTIONS AND COMMENTS FROM CANADA ON UKRAINE'S SECOND REVISED OFFER 
Canada thanks Ukraine for submitting its second revised offer on 28 October 2014 
(GPA/ACC/UKR/13), and notes with satisfaction the improvements it made to its market access 
offer, in particular the important reduction in  the number of general notes. Ukraine’s second 
revised offer, in Canada’s opinion, is very close to what could be a satisfactory final offer. Canada stands ready to assist Ukraine in the finalization of its market access offer, and is confident that 
Ukraine will continue to work diligently towards its accession to the WTO Agreement on 
Government Procurement. It is in this spirit that Canada provides comments and seeks clarifications on certain elements of Ukraine's second revised offer. Canada reserves the right to provide additional questions an d requests for improvements. 
 
Annex 1 – Central Government Entities  
1. Twenty-three entities that were listed  in Annex 1 of Ukraine's Revised Offer 
(GPA/ACC/UKR/9) are not listed in the indicative list of the Second Revised Offer (GPA/ACC/UKR/13). Is this because they are not captured by the definitions found in paragraphs 1 
to 6 of Annex 1, or have they ceased to exist? A number of new entities were also listed. Is this 
the result of governmental re-organization? 
2. Canada requests that the note to Annex 1 apply only to those entities that procure or 
manufacture the goods referred to in the note. 
Annex 3 – Other Entities 
 3. Note 1 to Annex 3 states that the "indicative list of entities shall be published in 
Procurement official electronic web-portal". Could Ukraine specify where exactly on that portal? 
Canada cannot agree to this language without first seeing the indicative list. 
4. Could Ukraine provide information on the scope of  the proposed exclusions in note 2, e.g. 
the type of procurement it would typically apply to and the annual value of such contracts. 
5. In reference to note 2.a.iii, could Ukraine share the full list of "enterprises and organizations 
united within a system of production and technological complex for the purposes of the rail 
transport of general use and by the companies wher e 100% of authorized capital is owned by the 
State and the purpose is to ensure transportation process" and any details that would help Canada 
better understand the scope of this proposed exclusion? GPA/ACC/UKR/16 
 
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  Annex 5 – Services 
 6. We request that Ukraine address the following outstanding item from the joint request for 
improvement GPA/ACC/UKR/6: 
 The Services Sectoral Classification List (MTN.GNS/W/120) has missed out some codes in 
the UN Provisional Central Product Classi fication (CPC) (e.g. CPC 7525-7526, 81111-81114, 
891, 8921-8923, 91 and 9404-9409). We request Ukraine to clarify if the services covered 
by these CPC codes are included in its offer, or that for clarity's sake the Annex instead 
make reference to the UN Provisional CPC. Alternatively, Ukraine could simply delete paragraph 2 of Annex 5. 
Annex 7 – General Notes 
 
7. With regard to general note 2, can Ukraine explain what is meant by "the limitations and 
conditions specified in Ukraine's offer under the GATT"? No GPA Party makes mention of GATT 
"limitations and conditions" in their Appendix I Annexes. Article IV:7 of the revised GPA would 
most likely address Ukraine's concerns. 
8. We request the removal of note 3. In particular, the inclusion of goods in this note is 
unacceptable to Canada. 
9. With regard to note 4.a, can Ukraine explain what is meant by "security paper"? 
10. In note 4.b, we would suggest to change the wording to "procured by foreign diplomatic 
representations abroad". 
11. We would suggest moving note 4.c to Annex 5 (Services). 
12. With regard to note 4.e, can Ukraine explain what  services fall within the scope of this note? 
13. With regard to note 4.h, could Ukraine explain whether the "Natural Persons' Deposit 
Guarantee Fund" is a covered entity, or whether it  is hosted within a covered entity? We would 
suggest moving this note to the relevant entity-specific Annex (1 or 3) under the entity that hosts this fund. 
 
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