RESTR ICTED  
  
GPA/ACC/AUS/28  
 
23 March 2017  
(17-1627) Page: 1/2 
Committee on Government Procurement  Original: English  
 
ACCESSION OF AUSTRAL IA TO THE AGREEMENT ON GOVERNMENT PROCUR EMENT  
COMMUNICATION FROM T HE REPUBLIC OF KOREA  
The following communication, dated 23 March 2017, is being circulated at the request of the 
Delegation of the Republic of Korea.  
 
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COMMENTS FROM THE REPUB LIC OF KOREA ON AUST RALI A'S REVISED OFFER 
(GPA/ACC/AUS/17 ) 
The Republic of Korea thanks Australia for submitting its first revised offer (GPA/ACC/AUS/17) and 
welcomes Australia 's effort to accede to the Agreement. The Republic of Korea hereby submits the 
following comments, questions and requests for clarification and improvements in Australia 's 
revised offer.  
 
Annex 1 – Central Government Entities  
 
1. The number of covered entities in Annex 1 has decreased from 65 to 63. Therefore, the 
Republic of Korea requests that Australia either include all central procurement entities or 
demonstrate that the scope of the coverage in Annex 1 has not technically changed.  
2. Regarding Note 2, Korea requests that Australia delete the exception on the procur ement of 
motor vehicles not only in Annex 1 but also in Annex es 2 and 3. 
Annex 2 – Sub-Central Government Entities  
 
3. Korea would make an inquiry as to why Australia did not cover city -level procurement. 
Furthermore, Korea requests that Australia include cit y-level procurement in its future offer.  
4. Korea requests that Australia cover the utility services in the Australia Capital Territory. If 
Australia will not cover the aforementioned utility services, please provide the reason why 
Australia will not cover th e utility services in the Australia Capital Territory and a detailed list of 
the utility services that are not covered.  
5. Regarding the Northern Territory, can Australia provide the reason why the number of the 
covered entities in the Northern Territory has decreased from 39 to 26? Also, please ensure that 
the scope of the coverage in the Northern Territory has not changed.  
6. Korea requests that Australia delete Note 2 since the Note makes the scope of the coverage 
ambiguous and unpredictable due to the fact th at each country has a different regional 
government structure.  
Annex 7 – General Notes  
 
7. With respect to Note 1.a ., Korea is o f the view that the expression " any form of preference " 
is unclear and broad in its meaning so that the Note can allow any kind of measures taken by 
Australian authorities to benefit small and medium enterprises. Such an expression hinders 
predictability and transparency of Note 1.a. Korea requests that Australia provide the measures GPA/ACC/AUS/28  
 
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  currently taken to benefit small and medium enterpr ises, identify the scope of the SME measures 
allowed in Annex 7 and guarantee that the measures will be taken in a manner that is non -
discriminatory to non -Australian small and medium enterprises.  
8. With regard to Note 2.b ., can Australia provide the data re lated to this kind of procurement 
(for example, the amount of procurement done in this kind of procurement against the total 
amount of procurement)?  
9. Korea notes that the purpose of Note 2.c . can be achieved through Article III of the General 
and Security E xceptions in the Agreem ent. Please either delete this N ote or provide an explanati on 
and a justification for the N ote if such a Note is different from Article III of the General and 
Security Exception in the Agreement.  
10. Regarding Note 2.d ., Korea finds  no precedents similar to this N ote. Can Australia provide 
an explanation as to why such a Note is needed and how this N ote will be implemented in the 
future?  
 
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