RESTRICTED  
  
GPA/ACC/UKR/19  
 
26 February 2015  
(15-1146)  Page: 1/3  
Committee on Government Procurement  Original: English  
 
  
 
ACCESSION OF UKRAINE TO THE AGREEMENT ON GOVERNMENT PROCUREMENT 
COMMUNICATION FROM CANADA; HONG KONG, CHINA; JAPAN; 
REPUBLIC OF KOREA; AND SINGAPORE 
 
The following communication, dated 25 February 2015, is being circulated at the request of the 
delegations of Canada; Hong Kong, China; Ja pan, Republic of Korea, and Singapore. 
  
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REQUEST FROM CANADA; HONG KONG, CHIN A; JAPAN; REPUBLIC OF KOREA;  
AND SINGAPORE FOR IMPROVEMENTS IN THE  
INFORMAL THIRD REVISED APPE NDIX I OFFER OF UKRAINE 
 
Canada; Hong Kong, China; Japan; Republic of Korea; and Singapore (the Small Group) thank 
Ukraine for the productive discussion in Geneva on 10 February 2015 regarding Ukraine's informal 
third revised offer. The Small Group is grateful for the flexibility Ukraine has demonstrated in addressing the outstanding concerns of GPA Parties such as the removal of the reciprocity condition in Annex 7. 
 
The Small Group believes that Ukraine's informal third revised offer only requires minor improvements and respectfully submits the foll owing joint request for improvement. The Small 
Group reserves its right to modify its request for improvement in the future. 
 Annex 1 – Central Government Entities 
 
The Small Group requests that Ukraine revert the heading of this Annex back to "Central 
Government Entities" in order to align with other Parties. 
 
The Small Group requests that Ukraine make the fo llowing (underlined) changes to its Note 1(a): 
 
"services procured by the National Bank of Ukraine in order to provide banking services 
and to conduct banking operations under the law of Ukraine "On Banks and Banking" and 
"On the National Bank of Ukraine."  
The Small Group requests that Ukraine re place Note 1(b) with the following: 
 
"goods and services by companies managed by the National Bank of Ukraine required for 
the manufacture of personal identification an d citizenship documents, including passports, 
and other documents requiring special security features or brands of paid excise tax 
pursuant to the laws of Ukraine."  
Annex 2 – Sub-Central Government Entities 
 The Small Group requests that Ukraine revert the heading of this Annex back to "Sub-Central 
Government Entities" in order to align with other Parties. 
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  Annex 3 – Other Entities 
 The Small Group requests that Ukraine revert the heading of this Annex back to "Other Entities" in 
order to align with other Parties. 
 
The Small Group requests that Ukraine repl ace its Note 1 with the following note:  
 
"I. Provided that the conditions in paragraph II are met, this Agreement does not cover 
procurement: 
 
(i) by a procuring entity from an affiliated undertaking1, or 
(ii) by a joint venture, formed exclusively by a number of procuring entities for 
the purpose of carrying out activities specified above in this Annex, from an undertaking which is affiliated with one of these procuring entities. 
 
II. Paragraph I shall apply to services or supplies contracts provided that at least 80% of the average turnover of the affiliated undertaki ng with respect to services or supplies for 
the preceding three years derives from the pr ovision of such services or supplies to 
undertakings with which it is affiliated
2. 
 
… 
 
1 "affiliated undertaking" means any undertaking the annua l accounts of which are consolidated with those of 
the procuring entity, or any undertaking over which the pr ocuring entity may exercise, directly or indirectly, a 
dominant influence, or which may exercise a dominant  influence over the procuring entity, or which, in 
common with the procuring entity, is subject to the do minant influence of another undertaking by virtue of 
ownership, financial participation,  or the rules which govern it. 
2 When, because of the date on which an affiliated undertaking was created or commenced activities, the 
turnover is not available for the preceding three years, it will be sufficient for that un dertaking to show that the 
turnover referred to in this paragraph is credible , in particular by means of business projections." 
 
Annex 4 – Goods 
 The Small Group requests that Ukraine make the following modifications to the Annex: 
 
"This Agreement covers all goods procured by the entities included in Annexes 1 to 3." 
 
Annex 5 – Services 
 The Small Group requests that Ukraine make the following modifications to the Annex:  
"This Agreement covers all services procured by the entities included in Annexes 1 to 3 
except for…" 
 
The Small Group requests that Ukraine provide ex amples to clarify the scope of services under 
Annex 5 paragraph 1(c).  
Annex 6 – Construction Services 
 The Small Group requests that Ukraine mo dify the language in Annex 6 to read: 
 
"This Agreement covers all construction services identified in Division 51 of the United 
Nations Provisional Central Product Classification  (CPC prov.) procured by entities included 
in Annexes 1 to 3." 
 
In addition, Ukraine can delete "Threshold SDR 5,000,000 for entities as set out in Annexes 1 to 3" as the thresholds for different entities have been set out in Annexes 1 to 3. 
 
   
 
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  Annex 7 – General Notes 
 The Small Group requests that Ukraine re move the word 'goods' from Note 2. 
 
The Small Group also requests that Ukraine delete Note 3(c) as it is duplicative with Note 1(b) in 
Annex 1. 
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