RESTRICTED  
  
GPA/ACC/UKR/12  
 
21 July 2014  
(14-4222)  Page: 1/2  
Committee on Government Procurement  Original: English  
 
 ACCESSION TO THE AGREEMENT ON GOVERNMENT  
PROCUREMENT OF UKRAINE 
COMMUNICATION FROM JAPAN 
The following communication, dated 18 July 2014, is being circulated at the request of the 
Delegation of Japan.  
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REQUEST FROM JAPAN FOR IMPROVEMENTS 
IN UKRAINE'S REVISED OFFER 
Japan appreciates the improvements Ukraine ha s made in its revised offer of 7 March 2014 
(GPA/ACC/UKR/9), which include adding indicative list of central and sub-central government 
entities. Japan hereby submits its revised comments and requests to seek further improvements and clarifications. Japan looks forward to receiving Ukraine's revised offer which responds to these 
comments and requests. Japan reserves the right to modify or expand its requests for 
improvements.  
Annex 1 – Central Government Entities 
 1.  We request Paragraph 1 of Notes to Annex 1 to be removed as the referred procurements are explicitly excluded by Paragraph3(c), Article II of the revised GPA. 
Annex 3 – Other Entities 
 2.  We request that Ukraine reduce the thresh old for goods and services to SDR 130,000 by, if 
necessary, amending its "On peculiarities of public procurement in certain spheres of 
entrepreneurial activities". 
3.  We request that Ukraine add an indicative list of Annex 3 entities to be covered under Annex 3 
as a matter of transparency. 
4.  Please provide definition of "an affiliated und ertaking" in the Notes to Annex 3 under Ukraine's 
laws. 
Annex 7 – General Notes 
 
5.  We request deletion of Notes 4(4), 4(7), 4(8), and 4(26) since they replicate, or would be covered by exceptions already found in Articles II and III of the revised GPA. 
6.  We request that Ukraine move Notes 4(2), 4(6), 4(9), 4(11), 4(12), 4(13), 4(14), 4(15), 
4(18), 4(19), 4(21), 4(23), 4(28), 4(29) to the relevant Goods, Services or Construction Services Annexes. 
7.  We request that Ukraine provide rationale for Notes 4(5), 4(14), 4(17), 4(22), 4(24), 4(25). GPA/ACC/UKR/12 
 
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  8.  Regarding General Note 2, no GPA Party refers to the GATT in its market access annexes. Can 
Ukraine explain the limitations and conditions Ukraine is referring to with respect to its GATT in this exception? 
9.  Regarding General Note 3 and 4(3), we request that this note be removed. 
10.  Regarding General Note 4(10), could Ukraine give us concrete examples what kind of goods 
and services will be excluded by this Note? 
11.  Regarding General Note 4(15), can Ukraine identify the specific codes in MTN.GNS W/120 or 
in the United Nations Provisional Central product Classification that are being excluded from this 
note? 
12.  Regarding General Note 4(16), can Ukraine clarify what "own proceeds" refers to and how this 
will be distinguished from state funds? 
13.  Regarding General Note 4(18), can Ukraine clarify if this note strictly covers Defence-related 
equipment for airplanes and helicopters or if it is intended to cover civilian use of this equipment as well? It would be helpful for us to understand what "developer's construction documents" refers 
to and if Ukraine could provide us with the "list" referred to in this Note. 
14.  Regarding General Note 4(25), can Ukraine clarify what "catering organization" and "sports 
content" refer to, and the types of accommodati on that will be excluded under this note? 
15.  Regarding General Note 4(27), we are unsure of how the procurement of securities or shares 
of a business entity could be covered by this ag reement. Can Ukraine provide a rationale for this 
exclusion? 
16.  Regarding General Note 4(30), can Ukraine specify the entities and the kind of procurement 
that would be affected by the exclusion? 
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