WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIORESTRICTED 
GPA/O/RFO/LIE/1 
9 March 2012 
 (12-1375) 
Committee on Government Procurement Original:   English/ 
 anglais/  inglés 
 
  
RECTIFIED FINAL OFFER OF THE PRINCIPALITY OF LIECHTENSTEIN  
IN THE NEGOTIATIONS UNDER ARTICLE XXIV:7 OF THE 
AGREEMENT ON GOVERNMENT PROCUREMENT 
 
Communication from the Principality of Liechtenstein
1 
 
 
 The following submission, dated 9 March 2012, is being circulated at the request of the 
Delegation of the Principality of Liechtenstein. 
 
 Comité des marchés publics  
 
 
 
OFFRE FINALE RECTIFIÉE DE LA PRINCIPAUTÉ DU LIECHTENSTEIN  
DANS LES NÉGOCIATIONS AU TITRE DE L'ARTICLE XXIV:7  
DE L'ACCORD SUR LES MARCHÉS PUBLICS 
 
Communication de la Principauté du Liechtenstein
1 
 
 
 La communication ci-après, datée du 9 mars 2012, est distribuée à la demande de la 
délégation de la Principauté du Liechtenstein . 
 
 
Comité de Contratación Pública 
 
  
OFERTA FINAL RECTIFICADA PRESENTADA POR EL PRINCIPADO DE 
LIECHTENSTEIN EN LAS NEGOCIACIONES PREVISTAS EN EL  
PÁRRAFO 7 DEL ARTÍCULO XXIV DEL ACUERDO SOBRE  
CONTRATACIÓN PÚBLICA 
 
Comunicación del Principado de Liechtenstein
1 
 
 
 La siguiente comunicación, de fecha 9 de ma rzo de 2012, se distribuye a petición de la 
delegación del Principado de Liechtenstein.  
                                                      
1 In English only./En anglais seulement./En inglés solamente.  GPA/O/RFO/LIE/1 
 Page 3 
 
 
  RECTIFIED FINAL APPENDIX I OFFER OF THE PRINCIPALITY OF LIECHTENSTEIN 
  
 This document comprises the Rectified Fina l Appendix I Offer of Liechtenstein in the 
Negotiations under Article XXIV:7 of the 1994 Ag reement on Government Procurement.  The 
changes that have been incorporated are set out in track-changes format in document GPA/O/V/LIE/1.GPA/O/V/LIE/1 
Page 4  
 
  LIECHTENSTEIN  
 
(Authentic in the English language only) 
  
ANNEX 1 
 
Central Government Entities 
 
 
Goods  Threshold:  SDR 130,000 
 Services  Threshold:  SDR 130,000 
 Construction services  Threshold:  SDR 5,000,000 
 
 
List of Entities:  
 
Government of the Principality of Liechtenstein Courts of the Principality of Liechtenstein 
Parliament of the Principality of Liechtenstein 
  
Notes to Annex 1  
 1. Central government entities covers also any subordinate entity of any central government 
entity provided it does not have a separate legal personality.  2. The following shall not be c onsidered as covered procurement: 
  - procurement by procuring entities covered under this Annex in re gard of procurement 
of FSC 58 (communications, protection an d coherent radiation equipment) from 
Canada; 
  - procurement by procuring entities covered under this Annex of air traffic control 
equipment in regard of suppliers and service providers from the United States; 
 
until such time as the Principality of Liechtenste in has accepted that the Parties concerned 
provide satisfactory reciprocal access for goods, suppliers, services and service providers of 
the Principality of Liechtenstein to their own procurement market. 
 3. The provisions of Article XVIII shall not appl y to suppliers and service providers of Japan, 
Korea and the United States of America in contestin g the award of contracts to a supplier or service 
provider of Parties other than those mentioned, wh ich are small- or medium-sized enterprises under 
the relevant provisions of the law of Liechtenstein  until such time as the Principality of Liechtenstein 
accepts that they no longer operate discriminatory measures in favour of certain domestic small and 
minority businesses. 
  GPA/O/RFO/LIE/1 
 Page 5 
 
 
  ANNEX 2 
 
Sub-Central Entities 
 
  
Goods  Threshold:  SDR 200,000 
 Services  Threshold:  SDR 200,000 
 
Construction services  Threshold:  SDR 5,000,000 
  
List of Entities:  
 1. Public Authorities at local level 
 2. All Bodies governed by public law.
1 
  
Notes to Annex 2  
 
1. The following shall not be c onsidered as covered procurement: 
  (a) procurement by procuring entities covere d under this Annex in regard of suppliers, 
services and service providers from the United States; 
 
 (b) procurement by procuring entities cove red under this Annex in regard of goods, 
services, suppliers and services suppliers from Canada; 
 
(c) procurement by procuring entities covered under this Annex in re gard of procurement 
of FSC 58 (communications, protection an d coherent radiation equipment) from 
Canada; 
 
until such time as the Principality of Liechtenste in has accepted that the Parties concerned  
provide satisfactory reciprocal access for goods, suppliers, services and service providers of 
the Principality of Liechtenstein to their own procurement market. 
 
                                                      
1 A body is considered to be governed by public law where it: 
- is established for the specific purpose of meeting needs in the general interest, not 
being of an industrial or commercial nature; 
- has legal personality;  and - is financed for the most part by the State, or regional or local authorities, or other 
bodies governed by public law, or is subject to management supervision by those 
bodies, or has an administrative, managerial or supervisory board more than half of whose members are appointed by the State, regional or local authorities, or other 
bodies governed by public law.
 GPA/O/RFO/LIE/1 
Page 6  
 
  2. The provisions of Article XVIII shall not apply to suppliers and service providers of: 
 
- Israel, Japan and Korea in contesting th e award of contracts listed in Annex 2, 
paragraph 2, until such time as the Principalit y of Liechtenstein accepts that they have 
completed coverage of sub-central entities; 
 
- Israel, Japan and Korea in contesting the award of contracts by entities of the 
Principality of Liechtenstein, whose value is  less than the threshold applied for the 
same category of contracts awarded by these Parties; 
 
- Japan, Korea and the United States of America in contesting the award of contracts to 
a supplier or service provider of Parties othe r than those mentioned, which are small- 
or medium-sized enterprises under the releva nt provisions of the law of Liechtenstein 
until such time as the Principality of Liechte nstein accepts that th ey no longer operate 
discriminatory measures in favour of certain domestic small and minority businesses. 
 
  GPA/O/RFO/LIE/1 
 Page 7 
 
 
  ANNEX 3 
 
All Other Entities which Procure in Accordance With 
the Provisions of this Agreement 
  
Goods  Threshold:  SDR 400,000 
 Services  Threshold:  SDR 400,000 
 
Works  Threshold:  SDR 5,000,000 
  
List of Entities:  
  All procuring entities whose procurement is covered by the EEA utilities directive which are 
contracting authorities (e.g. those covered unde r Annex 1 and Annex 2)  or public undertakings
1 and 
which have as one of their activities any of those referred to below or any combination thereof: 
 (i) the provision or operation of fixed netw orks intended to provide a service to the 
public in connection with the production, tran sport or distribution of drinking water 
or the supply of drinking water to such networks (as specified under title I); 
 (ii) the provision or operation of fixed netw orks intended to provide a service to the 
public in connection with the production, transport or distribution of electricity or the supply of electricity to such networks (as specified under title II); 
 
(iii) the provision or operation of networks
2 providing a service to the public in the field 
of transport by urban railway, automated systems, tramway, trolleybus, bus or cable (as specified under title III); 
 (iv) the exploitation of a geographical area for the purpose of the provision of airport or 
other terminal facilities to carriers by air (as specified under title IV); 
 (v) the exploitation of a geographical area for the purpose of the provision of inland port 
or other terminal facilities to carriers by sea or inland waterway (as specified under title V); 
 
(vi) provision of postal service s (as specified under title VI). 
 
                                                      
1 According to the EEA utilities directive, a public  undertaking is any undertaking over which the 
contracting authorities may exercise directly or indirectly  a dominant influence by virtue of their ownership of 
it, their financial participation therein, or the rules which govern it. 
A dominant influence on the part of the contracting authorities shall be presumed when these 
authorities, directly or indirectly , in relation to an undertaking: 
- hold the majority of the undertaking's subscribed capital, or 
- control the majority of the votes attaching to shares issued by the undertaking, or - can appoint more than half of the undertaking's administrative, management or supervisory 
body. 
2 As regards transport services, a network shall be considered to exist where the service is provided 
under operating conditions laid down by a competent auth ority of an EEA Member Stat e, such as conditions on 
the routes to be served, the capacity to be ma de available or the frequency of the service. GPA/O/RFO/LIE/1 
Page 8  
 
  I. Production, transport or distribution of drinking water  
 
 Public authorities and public undertakings prod ucing, transporting and distributing drinking 
water.  Such public authorities and public undertak ings are operating under lo cal legislation or under 
individual agreements based thereupon. 
 
 - Gruppenwasserversorgung Liechtensteiner Oberland   - Gruppenwasserversorgung Liechtensteiner Unterland  II. Production, transport or distribution of electricity  
 
 Public authorities and public undertakings for the production, transport and distribution of 
electricity operating on the basis of authorizations for expropriation.  
 - Liechtensteinische Kraftwerke 
 
III. Procuring entities in the field of urban railway, automated systems, tramway, trolley 
bus, bus or cable services  
 
LIECHTENSTEINmobil 
 
IV. Procuring entities in the field of airport facilities  
 
None 
 V. Procuring entities in the field of inland ports  
None 
 
VI. Postal Services 
 
Liechtensteinische Post AG, but only for ac tivities for which it holds exclusive rights. 
  
Notes to Annex 3  
 1. This Agreement does not cover procurement wh ich the procuring entity awards for purposes 
other than the pursuit of their activities as described in this Annex or for the pursuit of such activities 
in a non-EEA country.  2. This Agreement does not cover procurement:  
(a) by a procuring entity to an affiliated undertaking
3;  or 
 
                                                      
3 "affiliated undertaking" means any undertaking the annual accounts of  which are consolidated with 
those of the procuring entity in accordance with the requ irements of Council Directive 83/349/EEC on 
consolidated accounts, or in case of entities not subject  to that Directive, any undertaking over which the 
procuring 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 dominant 
influence of another undertaking by virtue of ownership, financial participation, or the rules which govern it.  GPA/O/RFO/LIE/1 
 Page 9 
 
 
  (b) by a joint venture formed exclusively by a number of procuring entities for the 
purpose of carrying out a relevant activity with in the meaning of paragraphs (i) to (vi) 
of this Annex, to an undertaking which is affiliated with one of these procuring 
entities, 
 
provided that at least 80 per cent of the aver age turnover of the affiliated undertaking with 
respect to goods, services or construction services for the preceding three years derives respectively from the provision of such services or goods to undertakings with which it is affiliated. 
 
 When, because of the date on which an aff iliated undertaking was created or commenced 
activities, the turnover is not available for the prec eding three years, it will be sufficient for that 
undertaking to show that the turnover referred to in th is paragraph is credible, in particular by means 
of business projections.  
3. This Agreement does not cover procurement by entities in this Annex: 
 
(a) by a joint venture, formed exclusivel y by a number of procuring entities for the 
purpose of carrying out activities of paragraphs (i) to (vi) of this Annex, to one of these procuring entities;  or 
 
(b) by a procuring entity to such a joint venture of which it forms part, provided that the 
joint venture has been set up in order to ca rry out the activity concerned over a period 
of at least three years and that the instru ment setting up the joint venture stipulates 
that the procuring entities, which form it, w ill be part thereof for at least the same 
period. 
 
4. This Agreement does not cover procurement fo r the purchase of water, the supply of energy 
or of fuels for the production of energy.  5. This Agreement does not cover procuremen t by procuring entities other than a public 
authority exercising the supply of drinking water or electricity to networks which provide a service to 
the public, if they produce these services by themse lves and consume them for the purpose of carrying 
out other activities than those described under this  Annex under (i) and (iii) and provided that the 
supply to the public network depends only on th e entity's own consumption and does not exceed 30 
per cent of the entity's total production of drinking wa ter or energy, having regard to the average for 
the preceding three years, including the current year.  
 
6. This Agreement does not cover procurement for purposes of re-sale or hire to third parties, 
provided that the procuring entity enjoys no special or exclusive right to sell or hire the subject of such contracts and other entities are free to sell or hire it under the same conditions as the procuring 
entity.  
7. This Agreement does not cover procurement by procuring entities providing a bus service if 
other entities are free to offer the sa me service either in general or in a specific geographical area and 
under the same conditions.  8. This Agreement does not cover procuremen t by procuring entities pursuing an activity 
described in this Annex when that activity  is exposed to full market competition. 
 9. The following shall not be c onsidered as covered procurement: 
  (a) procurement by procuring entities operating in the fields of: GPA/O/RFO/LIE/1 
Page 10  
 
   
(i) production, transport or distribution of drinking water covered under this 
Annex in regard of suppliers and service providers of Canada and the 
United States of America; 
 
(ii) electricity in regard of suppliers and service providers of Canada and Japan; 
 (iii) urban railway, tramway, trolley bus  or bus services covered under this Annex 
in regard of goods, services, supplie rs and service providers from Canada, 
Japan and the United States; 
 
(iv) bus services under this Annex in rega rd of suppliers and service providers 
from Israel and Korea; 
 
(b) procurement by entities listed in this A nnex as regards procurement of HS Nos 8504, 
8535, 8537 and 8544 (electrical transformers, plugs, switches and insulated cables) in 
regard of suppliers of Israel and Korea;  and HS Nos 85012099, 85015299, 85015199, 85015290, 85014099, 85015390 and 8536 in regard of suppliers of Israel;
  
 (c) procurement by procuring entities covere d under this Annex of air traffic control 
equipment in regard of suppliers and service providers from the United States; 
 (d) procurement of services in regard to Parties which do not include service contracts for 
the relevant entities in Annexes 1 to 3 a nd the relevant service category under this 
Annex in their own coverage; 
 
until such time as the Principality of Liechtenste in has accepted that the Parties concerned 
provide satisfactory reciprocal access for goods, suppliers, services and service providers of 
the Principality of Liechtenstein to their own procurement market. 
 10. The provisions of Article XVIII shall not apply to suppliers and service providers of: 
 
- Israel, Japan and Korea in contesting the award of contracts by entities of the 
Principality of Liechtenstein, whose value is  less than the threshold applied for the 
same category of contracts awarded by these Parties; 
 
- Japan, Korea and the United States of America in contesting the award of contracts to 
a supplier or service provider of Parties othe r than those mentioned, which are small- 
or medium-sized enterprises under the releva nt provisions of the law of Liechtenstein 
until such time as the Principality of Liechte nstein accepts that th ey no longer operate 
discriminatory measures in favour of certain domestic small and minority businesses. 
 
  GPA/O/RFO/LIE/1 
 Page 11 
 
 
   
ANNEX 4 
 
Goods 
  
 Unless otherwise specified, this Agreement covers all goods. GPA/O/RFO/LIE/1 
Page 12  
 
  ANNEX 5 
 
Services  
 
 
 This Agreement covers the following services,  which are identified in accordance with the 
United Nations Provisional Central Produc t Classification (CPC) as contained in 
document MTN.GNS/W/120:   Subject  
 
Maintenance and repair services 6112, 6122, 633, 886  Land transport services, including armoured car services,  712 (except 71235), 
and courier services, except tr ansport of mail 7512, 87304 
 Air transport services of passengers and freight, except 73 (except 7321) 
transport of mail  Transport of mail by land, except rail, and by air 71235, 7321 
 
Telecommunications services 752  Financial services ex 81  
(a) Insurance services 812, 814 
 (b) Banking and investment services
1 
 Computer and related services 84  
Accounting, auditing and bookkeeping services 862 
 Market research and public opinion polling services 864  Management consulting services and related services 865, 866
2 
 
Architectural services; engineering services and  867 integrated engineering services, urban planning and  landscape architectural services;  related scientific and technical consulting services;  technical testing and  analysis services 
 
Advertising services 871  Building-cleaning services and prope rty management 874, 82201-82206 
services 
 
                                                      
1 Except contracts for financial services in connectio n with the issue, sale, pu rchase, or transfer of 
securities or other financial instruments, and central bank services. 
2 Except arbitration and conciliation services.   GPA/O/RFO/LIE/1 
 Page 13 
 
 
  Publishing and printing services on a fee or contract 88442 
basis  Sewage and refuse disposal; sanita tion and similar services 94 
 
 
Notes to Annex 5  
 
1. Covered services do not include services which entities have to procure from another entity 
pursuant to an exclusive right established by a pub lished law, regulation or administrative provision. 
 
2. Procurement by procuring entities covered under Annexes 1 to 3 of any of the services 
covered under this Annex is a cove red procurement in regard of a particular Party's provider of 
service only to the extent that such Party has covered that service under its Annex 5.  GPA/O/RFO/LIE/1 
Page 14  
 
  ANNEX 6 
 
Construction Services  
 
 List of Division 51, CPC:  
 
Pre-erection work at construction sites 511  General construction work for buildings 512 
 
General construction work for civil engineering 513  Installation and assembly work 514  
Special trade construction work 515 
 Installation work 516  Building completion and finishing work 517  
Other 518 
  
Note to Annex 6 
 1. Procurement by procuring entities covered under Annexes 1 to 3 of any of the services 
covered under this Annex is a cove red procurement in regard of a particular Party's provider of 
service only to the extent that such Party has covered that service under its Annex 6.    GPA/O/RFO/LIE/1 
 Page 15 
 
 
  ANNEX 7 
 
GENERAL NOTES AND DEROGATIONS FROM THE PROVISIONS OF ARTICLE IV 
  
1. This Agreement does not cover: 
 
- procurement of agricultural products made  in furtherance of agricultural support 
programmes and human feeding programmes; 
 
- the acquisition, development, production or  co-production of programme material by 
broadcasters and contracts for broadcasting time. 
 2. The provision of services, including construc tion services, in the context of procurement 
procedures according to this Agreement is subject  to the conditions and qualifications for market 
access and national treatment as will be required by th e Principality of Liechtenstein in conformity 
with its commitments under the GATS.  3. Procurement by procuring entities covere d under Annexes 1 and 2 in connection with 
activities in the fields of drinking water, energy, tr ansport and the postal sector are not covered by this 
Agreement unless covered under Annex 3. 
 
4. Based on Article II, ch. 2 a) ii, this Agreement does not cover fund placements of insured persons conducted by public en tities or undertakings such as public insurance and pensions funds. 
  
__________