RESTRICTED  
  
GPA/MOD/JPN/87  
 
28 July 2016  
(16-4033)  Page: 1/2  
Committee on Government Procurement  Original: English  
 
 PROPOSED MODIFICATIONS TO APPEND IX I OF JAPAN UNDER THE REVISED 
AGREEMENT ON GOVERNMENT PROCUREMENT 
COMMUNICATION FROM THE UN ITED STATES OF AMERICA 
Follow-up questions from the United States of America to Japan's replies  
circulated in GPA/MOD/JPN/85 
The following communication, dated 27 July 2016, is being circulated at the request of the 
Delegation of the United States of America. 
 
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QUESTIONS FROM THE UNITED STATES OF AMERICA TO THE PROPOSED 
MODIFICATIONS TO APPENDIX I OF  JAPAN UNDER THE REVISED GPA 
(GPA/MOD/JPN/82) AND THE INITIAL RESPONSES FROM JAPAN  
TO QUESTIONS (GPA/MOD/JPN/85) 
The United States thanks Japan for its notification on 27 June 2016 of the proposed modification 
relating to Japan's Annex 3, Appendix I to the revised Agreement (GPA/MOD/JPN/82). Additionally, the United States thanks Japan for prompt replies to questions proposed that were received on 
26 July 2016 (GPA/MOD/JPN/85). The United States would like to submit the following follow-up 
questions on the answers given by Japan. In light of the time provided under Article XIX:2 of the revised Agreement, the United States would greatly appreciate a prompt response from Japan to ensure sufficient time to assess the impact of the proposed modification.  
 
1. I n  r e s p o n s e  t o  q u e s t i o n  1 ,  J a p a n  p r o v i d e d  a n  a t t a c h m e n t  w i t h  a n  E n g l i s h  v e r s i o n  o f  t h e  
amendment to the Law concerning Passenger Railway Companies and Japan Freight Railway 
Company, particularly how such amendments will affect the Kyushu Railway Company. Japan has 
noted that the legislation was promulgated on 10 
June 2015  and entered into force on 1 April 2016. 
However, the attachment identifies the amendment as "[Law No. 26 of 28 December 2016] ." 
a. Could Japan please identify, in the form of  a timeline, when the amendment was made 
to legislation and when the privatization of the Kyushu Railway Company will be 
complete? 
b. What is the significance in this process of the 28 December 2016 date? 
2. In regards to the attachment, specifically Ar ticle 4 of the section titled "Supplementary 
Provisions", it appears that the Ministry of Land, Infrastructure, Transport and Tourism would have 
the authority to order the Kyushu Railway Company (or other New Companies) to take certain actions related to matters related to the appropri ate setting of passenger fares and rates and the 
smooth use of railway facilities between the Comp anies, to matters related to the appropriate 
maintenance of the currently operated railway routes, to matters related to securing the 
convenience of customers in the development of stations and other railway facilities, and to matters related to consideration to be given to small and medium-sized enterprises engaged in 
business similar to that New Companies conduct in their business areas. The Ministry may only 
order actions if the Kyushu Railway Company (or other New Companies) fails to follow recommendations.  GPA/MOD/JPN/87 
 
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  a. Are there other areas or matters, in this or any other legislation, where the Ministry 
would have the authority to issue orders to the Kyushu Railway Company or other New Companies? 
b. Are there any circumstances that might be related to this law and to these specific 
matters where the Ministry would be able to order a certain government procurement 
decision? 
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