RESTRICTED  
  
GPA/MOD/JPN/82  
 
29 June 2016  
(16-3524)  Page: 1/6  
Committee on Government Procurement  Original: English  
 
 PROPOSED MODIFICATIONS TO APPEND IX I OF JAPAN UNDER THE REVISED 
AGREEMENT ON GOVERNMENT PROCUREMENT 
COMMUNICATION FROM JAPAN PU RSUANT TO ARTICLE XIX:1(a)1 OF THE  
REVISED AGREEMENT ON GOVERNMENT PROCUREMENT 
The following communication, dated 27 June 2016, is being circulated at the request of the 
Delegation of Japan. 
 
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 1. Pursuant to Article XIX, paragraph 1(a) of the Agreement on Government Procurement as 
amended by the Protocol Amending the Agreem ent on Government Procurement (hereinafter 
referred to as the "revised Agreement"), the Go vernment of Japan hereby notifies the Committee 
on Government Procurement of the following modification relating to its Annex 3, Appendix I to 
the revised Agreement.  
a. Withdraw "1.41. Kyushu Railway Company (Note 3.a.) (Note 3.g.);" from "1 GROUP A" 
of the List of Entities, and renumber the other entities accordingly. 
2. This modification is based on the fact that the Amendment to the Law concerning Passenger 
Railway Companies and Japan Freight Railway Company (hereinafter referred to as the "Amendment Law") was promulgated on 10 June 2015 and entered into force on 1 April 2016. The Government of Japan had maintained effective control over the Kyushu Railway Company 
(hereinafter referred to as the "Company") under the Law concerning Passenger Railway 
Companies and Japan Freight Railway Company (hereinafter referred to as the "Former Law"). From the date of the entry into force of the Amen dment Law, the Former Law no longer applies to 
the Company and, judging from the following facts, government control or influence over the 
Company's covered procurement is effectively eliminated:  
a. Any law, regulation, procedure, or administrative guidance which governed any aspect of 
the management or operation of the Company's covered procurement and which did not 
apply to other enterprises engaged in the same sector or industry is no longer applicable to the Company; 
b. The Japanese government does not participate in the management or control of the 
Company or in its business decisions or operations beyond the government's regulatory 
oversight of the relevant industry; 
c. The Japanese government's authority to appoint the Company's directors or managers 
has been eliminated; 
                                               
1 Article XIX:1(a) reads, in  relevant part, as follows: Notification of Proposed Modification  A Party shall 
notify the Committee of any proposed rectification, transf er of an entity from one annex to another, withdrawal 
of an entity or other modification of its annexes to Appendix I (any of which is hereinafter referred to as 
"modification"). The Party proposing the modification (hereinafter referred to as "modifying Party") shall 
include in the notification: (a) for any proposed withdrawal of an entity from its annexes to Appendix I in 
exercise of its rights on the grounds that governme nt control or influence over the entity's covered 
procurement has been effectively eliminated, evidence of such elimination. GPA/MOD/JPN/82 
 
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  d. The Company is not more accountable to the Japanese government or to the public 
treasury in respect of its expenditures or th e profitability than other enterprises engaged 
in the same sector or industry; 
e. The Company is financially independent on, and not supported continuously by, the 
Japanese government through such means as the Japanese government's provision of a 
continuous operating subsidy to an entity; and 
f. The whole shares of the Company are to be sold by the end of this fiscal year. 
3. Attachment A to this document shows (in bold, strikeout or underlining) the proposed 
modifications by Japan to the corresponding page (page 2/4) of Annex 3 to Appendix I. Attachment B indicates how this page would appe ar after the proposed modifications have been 
accepted.
2 
 
                                               
2 Attachments A and B are in English only. GPA/MOD/JPN/82 
 
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APPENDIX I JAPAN  ANNEX 3 Page 2/4  
 
23 January 2016 (WT/Let/1131) ATTACHMENT A 
1.31.  Japan Post; 
1.32.  Japan Racing Association; 1.33.  Japan Railway Construction, Transport and Technology Agency (Note 3.a.) (Note 3.d.) 
(Note 3.e.); 
1.34.  Japan Science and Technology Agency; 1.35.  Japan Society for the Promotion of Science; 
1.36.  Japan Sport Council; 
1.37.  Japan Student Services Organization; 1.38.  Japan Tobacco Inc. (Note 3.g.); 1.39.  Japan Water Agency; 
1.40.  Keirin Promotion Association (A juridical pe rson designated as such pursuant to the Bicycle 
Racing Law); 1.41.  
Kyushu Railway Company (Note 3.a.) (Note 3.g.); 
1.4241 . Metropolitan Expressway Company Limited; 
1.4342 . Motorcycle Racing Promotion Association (A juridical person designated as such pursuant 
to the Auto Racing Law); 
1.4443 . Mutual Aid Association for Agricultural, Forestry and Fishery Organization Personnel; 
1.4544 . Mutual Aid Fund for Offici al Casualties and Retirement  of Volunteer Firefighters; 
1.4645 . Narita International Airport Corporation; 
1.4746 . National Association of Racing, The; 
1.4847 . National Center for Persons with Severe Intellectual Disabilities, Nozominosono; 
1.4948 . National Consumer Affairs Center of Japan; 
1.5049 . New Energy and Industrial Tec hnology Development Organization; 
1.5150 . Nippon Telegraph and Telephone Corporation (Note 3.f.) (Note 3.g.); 
1.5251 . Nippon Telegraph and Telephone East Corporation (Note 3.f.) (Note 3.g.); 
1.5352 . Nippon Telegraph and Telephone West Corporation (Note 3.f.) (Note 3.g.); 
1.5453 . Northern Territories Issue Association; 
1.5554 . Okinawa Development Finance Corporation; 
1.5655 . Open University of Japan Foundation, The; 
1.5756 . Organization for Small & Medium Enterprises and Regional Innovation, JAPAN; 
1.5857 . Organization for Workers' Retirement Allowance Mutual Aid; 
1.5958 . Promotion and Mutual Aid Corporation for Private Schools of Japan, The; 
1.6059 . RIKEN (Note 3.b.); 
1.6160 . Shikoku Railway Company (Note 3.a.) (Note 3.g.); 
1.6261 . Tokyo Metro Co., Ltd. (Note 3.a.); 
1.6362 . Urban Renaissance Agency; 
1.6463 . Welfare and Medical Service Agency; 
1.6564 . West Nippon Expressway Company Limited. 
2  GROUP B 
2.1.  Building Research Institute; 
2.2.  Center for National University Finance and Management; 
2.3.  Civil Aviation College; 2.4.  Electronic Navigation Research Institute; 
2.5.  Fisheries Research Agency; 
2.6.  Food and Agricultural Materials Inspection Center; 2.7.  Forestry and Forest Products Research Institute; 
2.8.  Inter-University Research Institute Corporation; 
2.9.  Japan Health Insurance Association; 2.10.  Japan International Research Center for Agricultural Sciences; 2.11.  Japan Mint; 
2.12.  Japan Pension Service; 
2.13.  Labor Management Organization for USFJ Employees; 2.14.  Marine Technical Education Agency; GPA/MOD/JPN/82 
 
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APPENDIX I JAPAN  ANNEX 3 Page 2/4  
 
23 January 2016 (WT/Let/1131) 2.15.  National Agency of Vehicle Inspection; 
2.16.  National Agriculture and Food Research Organization; 
2.17.  National Archives of Japan; 2.18.  National Cancer Center; 
2.19.  National Center for Child Health and Development; GPA/MOD/JPN/82 
 
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APPENDIX I JAPAN  ANNEX 3 Page 2/4  
 
…2016 (WT/Let/…) ATTACHMENT B 
1.31. Japan Post; 
1.32. Japan Racing Association; 1.33. Japan Railway Construction, Transport and Technology Agency (Note 3.a.) (Note 3.d.) 
(Note 3.e.); 
1.34. Japan Science and Technology Agency; 1.35. Japan Society for the Promotion of Science; 
1.36. Japan Sport Council; 
1.37. Japan Student Services Organization; 1.38. Japan Tobacco Inc. (Note 3.g.); 1.39. Japan Water Agency; 
1.40. Keirin Promotion Association (A juridical person designated as such pursuant to the Bicycle 
Racing Law); 1.41. Metropolitan Expressway Company Limited; 
1.42. Motorcycle Racing Promotion Association (A juridical person designated as such pursuant to 
the Auto Racing Law); 1.43. Mutual Aid Association for Agricultural, Forestry and Fishery Organization Personnel; 
1.44. Mutual Aid Fund for Offi cial Casualties and Retirement  of Volunteer Firefighters; 
1.45. Narita International Airport Corporation; 1.46. National Association of Racing, The; 1.47. National Center for Persons with Severe Intellectual Disabilities, Nozominosono; 
1.48. National Consumer Affairs Center of Japan; 
1.49. New Energy and Industrial Technology Development Organization; 1.50. Nippon Telegraph and Telephone Corporation (Note 3.f.) (Note 3.g.); 
1.51. Nippon Telegraph and Telephone East Corporation (Note 3.f.) (Note 3.g.); 
1.52. Nippon Telegraph and Telephone West Corporation (Note 3.f.) (Note 3.g.); 1.53. Northern Territories Issue Association; 
1.54. Okinawa Development Finance Corporation; 
1.55. Open University of Japan Foundation, The; 1.56. Organization for Small & Medium Enterprises and Regional Innovation, JAPAN; 1.57. Organization for Workers' Retirement Allowance Mutual Aid; 
1.58. Promotion and Mutual Aid Corporation for Private Schools of Japan, The; 
1.59. RIKEN (Note 3.b.); 1.60. Shikoku Railway Company (Note 3.a.) (Note 3.g.); 
1.61. Tokyo Metro Co., Ltd. (Note 3.a.); 
1.62. Urban Renaissance Agency; 1.63. Welfare and Medical Service Agency; 
1.64. West Nippon Expressway Company Limited. 
2  GROUP B 2.1.  Building Research Institute; 
2.2.  Center for National University Finance and Management; 
2.3.  Civil Aviation College; 
2.4.  Electronic Navigation Research Institute; 2.5.  Fisheries Research Agency; 
2.6.  Food and Agricultural Materials Inspection Center; 
2.7.  Forestry and Forest Products Research Institute; 2.8.  Inter-University Research Institute Corporation; 
2.9.  Japan Health Insurance Association; 
2.10.  Japan International Research Center for Agricultural Sciences; 2.11.  Japan Mint; 2.12.  Japan Pension Service; 
2.13.  Labor Management Organization for USFJ Employees; 
2.14.  Marine Technical Education Agency; 2.15.  National Agency of Vehicle Inspection; GPA/MOD/JPN/82 
 
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APPENDIX I JAPAN  ANNEX 3 Page 2/4  
 
… 2016 (WT/Let/…) 2.16.  National Agriculture and Food Research Organization; 
2.17.  National Archives of Japan; 
2.18.  National Cancer Center; 2.19.  National Center for Child Health and Development; 
 
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