WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO  RESTRICTED 
GPA/O/V/USA/1 
30 January 2012 
 (12-0628) 
Committee on Government Procurement Original: english/ 
 anglais  inglés 
  
  
VERIFICATION OF THE RESULTS OF THE NEGOTIATIONS 
UNDER ARTICLE XXIV:7 OF THE AGREEMENT 
ON GOVERNMENT PROCUREMENT 
 
Communication from the United States
1 
  
 The following submission, dated 27 January 2012, is being circulated at the request of the 
Delegation of the United States. 
 
 Comité des marchés publics  
 
 
VÉRIFICATION DES RÉSULTATS DES NÉGOCIATIONS 
AU TITRE DE L'ARTICLE XXIV:7 DE L'ACCORD 
SUR LES MARCHÉS PUBLICS 
 
Communication des États-Unis
1 
   La communication ci-après, datée du 27 janvier  2012, est distribuée à la demande de la 
délégation des États-Unis. 
 
 Comité de Contratación Pública 
 
 
VERIFICACIÓN DE LOS RESULTADOS DE LAS NEGOCIACIONES 
PREVISTAS EN EL PÁRRAFO 7 DEL ARTÍCULO XXIV DEL 
ACUERDO SOBRE CONTRATACIÓN PÚBLICA 
 
Comunicación de los Estados Unidos
1 
   La siguiente comunicación, de fecha 27 de en ero de 2012, se distribuye a petición de la 
delegación de los Estados Unidos. 
                                                      
1 In English only./En anglais seulement./En inglés solamente.  GPA/O/V/USA/1 
 Page 3 
 
 
  UNITED STATES' COMMENTS ON PARTIES' ANNEXES TO APPENDIX I 
OF THE REVISED AGREEMENT 
(27 January 2012) 
  
A. 
GENERAL COMMENTS  
1. The United States supports the Drafting Principles proposed by Canada in Job No. 521 
(20 January 2012), and joins Canada in recommending that the Parties follow them in the preparation 
of their Annexes, during the verification and legal review process, for approval by the Committee at 
the end of March 2012.  The United States recommends that the Parties also take into consideration 
the following points in finalizing their Annexes: 
 2. The titles of the Parties' Annexes to Appendix I should be uniform, and can be stated more 
succinctly than in the current Agreement on Go vernment Procurement (GPA) since Article II:4 
describes their content: 
 
Annex 1 - Central [or Federal] Government Entities 
 
Annex 2 - Sub-Central Entities 
 
Annex 3 - "Government Enterprises" or "Other Entities" 
 
Annex 4 - Goods 
 
Annex 5 - Services 
 
Annex 6 - Construction Services 
 
Annex 7 - General Notes 
 3. As Canada has noted in Job No. 521, the clas sification for the coverage of services should be 
indicated.  This could be accomplished by using on e of the following descriptions:  "This Agreement 
covers the following services, which are identified in accordance with [the United Nations Provisional 
Central Product Classification (CPC) and that is found at:  http://unstats.un.org/unsd/cr/r egistry/regcst.asp?Cl=9&Lg=1 ] or [document MTN.GNS/W/120]. 
 
4. Since the definition of "construction services" has been included in Article I(c) of the revised 
GPA, the definition of "construction ser vices" should be deleted from Annex 5. 
 5. In Annexes 1 through 3, where certain pr ocurement of a covered entity is excluded from 
coverage, the exclusion should be described in a note in  the relevant Annex, rather than as part of the 
listing of the entity.  
6. Notes that state that "The General Notes apply to this Annex" should be deleted as 
unnecessary.  7. When referring to the GPA, "this Agreement" should be used, rather than "the Agreement". 
 
8. With regard to thresholds: 
 
(a) The phrase "(specified in Annex X)" in the threshold section should be deleted as 
unnecessary. GPA/O/V/USA/1 
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  (b) The thresholds should be included in Annexes 1 through 3, and should not be 
repeated in the goods, services or construction services Annexes. 
 9. Terminology should be consistent with  the revised GPA text, including using: 
 
(a) "construction services" in place of "works"; 
 
(b) "procuring entity" in place of "contracting entity";  and 
 
(c) "procurement" in place of "contracts", other than for the award of contracts. 
 
B. 
ADDITIONAL SPECIFIC COMMENTS ON PARTIES ' ANNEXES  
10. In addition to the General Comments, the United States proposes the fo llowing revisions in 
the Annexes of specified Parties.  1. European Union (GPA/W/315/Add.3) 
1. In Annexes 3 and 7, could "procurement " replace "contracts awarded" in Annex 3, 
paragraphs 1, 2, 4 and 5 and Annex 7, Note 2?  2. With regard to Annex 4, it is recommended that in paragraph 2, "goods" be used in place of 
"supplies and equipment". 
 
3. With regard to Annex 4, it is recommended th at a reference be added for the "Chapters" and 
the provision be revised as:  "This Agreement only co vers the goods that are described in the Chapters 
of the Harmonized System specified below and that  are procured by the Ministries of Defence and 
Agencies for defense or security activities in Belg ium, Bulgaria, Czech Republic, Denmark, Germany, 
Estonia, Greece, Spain, France, Ireland, Italy, Cyprus, Latvia, Lithuania, Luxembourg, Hungary, 
Malta, the Netherlands, Austria, Poland, Portugal, Ro mania, Slovenia, Slovakia, Finland, Sweden and 
the United Kingdom."  
2. Hong Kong, China (GPA/W/315/Add.1) 
1. In the reference to the threshold for " goods and services" in Annexes 1 and 3, it is 
recommended that the term "other than constructi on services" be deleted as the construction services 
threshold is already set out separately in those Annexes.  2. It is recommended that the Note to Annex 5 be  deleted since the exclusion is already covered 
in Annex 1. 
 
3. With respect to Annex 7, it is recommended that:  
(a) In Note 1, "Notwithstanding anything in Annexes 1-6" in the chapeau be deleted as 
unnecessary; 
 
(b) In Note 3, the reference to "such services"  be clarified as to the services referenced.  
If it refers to the services in Note 2, the two Notes should be combined;  and 
 
(c) Note 4 be moved to Annex 5 (Services). 
  GPA/O/V/USA/1 
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  3. Iceland (GPA/W/315/Add.4) 
1. In Note 1 to Annex 1, it is recommended that  "Central government entities is meant to cover", 
be revised as:  "Central government entities covers any subordinate entity…". 
 2. With regard to Annex 4, paragraph 2, it is recommended that a reference be added for the 
"Chapters" and the provision be revised as:  "Thi s Agreement only covers the goods that are described 
in the Chapters of the Harmonized System Chapters  specific below and that are procured by the 
Ministry of the Interior and Agencies for defence or security activities in Iceland." 
 
4. Israel (GPA/W/315/Add.1) 
1. In Annex 3, in the listing of "entities opera ting in the field of urban transport", it is 
recommended that the phrase "except those operating in  the field of bus services" be deleted as it is 
included in Note 3.  2. In Annex 3, it is recommended that a clarifi cation be added with regard to the reference to 
"such procurement" in the following sentence at the end of Annex 3:  "Israel is ready to open such 
procurement to all Parties to the Agreement under the condition of mutual reciprocity."  Does this 
refer to all three Notes to Annex 3?  3. In Annex 5, it is recommended that the Note be revised to refer to "coverage" and not to 
"offer". 
 
4. In Annex 6, it is recommended that the lis t of construction services be referred to as 
"covered" and not "offered".  
5. Japan (GPA/W/315/Add.6) 
1. In Annexes 1, 2, and 3, it is recommended, for clarity and to avoid duplication, that Japan 
provide only one list of the covered entities, rather  that separate lists for coverage of goods and 
services.  2. In Annex 3, it is recommended that in No tes 5 and 6, the separate sentences for goods and 
services be combined into one provision. 
 
3. In Annex 5, it is recommended  that Note 5 specify the services to  which that the Note applies. 
 4. It is recommended that Japan delete either th e Note to Annex 6 or Note 1 in Annex 7 as they 
appear to have the same purpose. 
 
6. Korea (GPA/W/315/Add.2) 
1. With regard to the Annex 1 entity, Public Procurement Service, it is recommended that the 
following sentence "Regarding procurement for entiti es in Annex 2 and Annex 3 in this list, the 
coverage and thresholds for such entities thereunder sh all be applied" be move d to a Note in Annex 1 
and revised as:  "Where the Public Procurement Se rvice conducts procurement for an entity listed in 
Annex 2 or 3, the scope of coverage and threshold for such entity applies." 
 2. In Annexes 1, 2 and 3, it is recommende d that the thresholds for goods, services, and 
construction services be set out together, and that the phrase "Same as 'Supplies' section" be deleted. 
 
3. In Annex 5, it is recomme nded that "(others being excluded)" be deleted as unnecessary. GPA/O/V/USA/1 
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  4. In Annex 7 Note 1, it is recommended that  "the award of contracts" be changed to 
"procurement".  
7. Liechtenstein (GPA/W/315/Add.1) 
1. In Note 1 to Annex 1, it is recommended that  "Central government entities is meant to cover" 
be revised as:  "Central government entities covers any subordinate entity …". 
 2. In Annex 7, it is recommended that Note 4 be  revised as:  "Article II:2(a)(ii) of this 
Agreement does not cover fund placements of insured persons …".  8. Netherlands with Respect to Aruba (GPA/W/315/Add.1) 
 In Annex 1: 
 
(a) Where acronyms are used in the listing of entities, it is recommended that the full 
name of the entity be provided. 
 
(b) For the two ministries for which a subordinate unit is excluded, it is recommended 
that the exclusion be moved to Notes to Annex 1 and revised, as follows: 
 
(i) For the Ministry of General Affairs,  add "Note 1" after the listing of the 
Ministry, and add the following Note 1:  "This Agreement does not cover 
procurement by Veiligheids Dienst Aruba." 
 
(ii) For the Ministry of Finance, Communication, Utilities and Energy, add 
Note 2 after the listing of the Ministry, and add the following Note 2:  "This Agreement does not cover procurem ent by Meldpunt Ongebruikelijke 
Transacties." 
 
9. Norway (GPA/W/315/Add.1) 
1. It is recommended that for Annexes 1, 2 and 3 the indicative list of entities be included in the 
Annex.  
2. In Note 1 to Annex 1, it is recommended that  "Central government entities is meant to cover" 
be revised as:  "Central government entities covers any subordinate entity …". 
 3. With regard to Annex 4, it is recommended th at a reference be added for the "Chapters" and 
that the provision be revised as "This Agreement only covers the goods that are described in the 
Chapters of the Harmonized System Chapters specif ied below and that are procured by the Ministry 
of Defence, its subordinated entities and entities in the field of security."  4. In Annex 7, it is recommended that Note 3 be revised as:  "This Agreement does not cover 
procurement by Svalbard."  10. Singapore (GPA/W/315/Add.1) 
1. In Annex 1, it is recommended that the covera ge of the Ministry of Defense be moved to a 
Note to Annex 1, and provide that:  "This Agre ement will cover procurement by the Ministry of 
Defense of the following FSC categories:  …".   GPA/O/V/USA/1 
 Page 7 
 
 
  2. In Annex 1, it is recommended that Note 1 be  split into two notes, each tied to the relevant 
ministry and revised as follows:  
(a) "This Agreement does not cover the procurement of construction services for 
chanceries and headquarter buildings for the Ministry of Foreign Affairs." 
 
(b) "This Agreement does not cover procuremen t by the Internal Security Department, 
Criminal Investigation Department, Security  Branch or the Central Narcotics Bureau 
or procurement that has security considerations." 
 
3. It is recommended that Note 2 to Annex 1, the Note to Annex 3, Note 2 to Annex 5, and 
Note 2 to Annex 6 be deleted from those Annexes a nd consolidated as one Note in Annex 7 (General 
Notes) rather than repeated.  4. It is recommended that Note 1 in Annex es 5 and 6, be revised as:  "The [services] 
[construction services] covered are subject to …". 
 
11. Switzerland (GPA/W/315/Add.1) 
 With regard to Annex 4, under "Liste des maté riels de la défense et de la sécurité soumis à 
l'Accord", it is recommended that a reference be added for the "Chapters" and that the provision be 
revised as:  "This Agreement only covers the goods  that are described in the Chapters of the 
Harmonized System specified below and that are procured by …". 
 
12. Chinese Taipei (GPA/W/315/Add.5) 
1. In Annexes 1, 2 and 3, it is recommended that  "covered in Annex [4] [5 ] [6]" be deleted as 
unnecessary. 
 
2. With regard to Annex 1, it is recommended that, for clarity, Note 3 be revised as follows:  "This Agreement does not cover the procurement of construction services by the Ministry of Foreign 
Affairs of the Separate Customs Territory of  Taiwan, Penghu, Kinmen and Matsu's overseas 
representative offices, liaison offices and other missions."  
3. With regard to the reference to subordinate  entities in Note 2 to Annex 1 and Note 2 to 
Annex 2, it is recommended that "The above" be replaced with "The listed". 
 4. With regard to Annex 3, it is recommended that, for clarity, Note 2 be revised as follows:  "Where the Central Trust of China, which has me rged with Bank of Taiwan, conducts procurement 
for an entity listed in Annex 1, 2 or 3, the scope of  coverage and threshold for such entity applies."  
Also, since the merger is cited in the Note, it shoul d be deleted from the listing of the Central Trust. 
 5. With regard to Annex 7, it is recommended that, for clarity, General Note 1 be revised as 
follows:  "Where another Party applies a threshold th at is higher than that applied by the Separate 
Customs Territory of Taiwan, Penghu, Kinmen and Matsu, this Agreement applies only to those 
procurements above the higher threshold for that par ticular Party for the relevant procurement.  (This 
Note does not apply to suppliers of the United Stat es and Israel in procur ements of goods, services 
and construction services by en tities listed in Annex 2.)" 
 
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