WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIORESTRICTED 
GPA/O/RFO/JPN/1 
9 March 2012 
 (12-1372) 
Committee on Government Procurement Original:   English/ 
 anglais/  inglés 
 
  
RECTIFIED FINAL OFFER OF JAPAN IN THE 
NEGOTIATIONS UNDER ARTICLE XXIV:7 OF THE 
AGREEMENT ON GOVERNMENT PROCUREMENT 
 
Communication from Japan
1 
 
 
 The following submission, dated 8 March 2012, is being circulated at the request of the 
Delegation of Japan. 
 
 Comité des marchés publics  
 
 
 
OFFRE FINALE RECTIFIÉE DU JAPON DANS LES NÉGOCIATIONS 
AU TITRE DE L'ARTICLE XXIV:7 DE L'ACCORD 
SUR LES MARCHÉS PUBLICS 
 
Communication du Japon
1 
 
 
 La communication ci-après, datée du 8 mars 2012, est distribuée à la demande de la délégation du Japon. 
 
 
Comité de Contratación Pública 
 
  
OFERTA FINAL RECTIFICADA PRESENTADA POR EL JAPÓN  
EN LAS NEGOCIACIONES PREVISTAS EN EL PÁRRAFO 7 
DEL ARTÍCULO XXIV DEL ACUERDO SOBRE  
CONTRATACIÓN PÚBLICA  
 
Comunicación del Japón
1 
   La siguiente comunicación, de fecha 8 de ma rzo de 2012, se distribuye a petición de la 
delegación del Japón. 
                                                      
1 In English only./En anglais seulement./En inglés solamente.  GPA/O/RFO/JPN/1 
 Page 3 
 
 
  RECTIFIED FINAL OFFER OF JAPAN 
 
 
Japan submits this Rectified Final Offer in acco rdance with Article XXIV:7 of the Agreement 
on Government Procurement (hereinafter referred to as "this Agreement").  The changes from the 
Final Offer of Japan (GPA/W/315/Add.6) are as follows: 
 
(a) Amendment based on the Drafting Principles recommended by Canada (Job No. 521) 
as well as the comments made by Canada (GPA/O/V/CAN/1) and the United States (GPA/O/V/USA/1) respectively. 
 
(b) Deletion of "National Institute of Indus trial Safety" and "Na tional Institute of 
Industrial Health" from the List of Entiti es (Group B) of Annex 3 and addition of 
"National Institute of Occupational Safety an d Health" to the same list as was notified 
by GPA/MOD/JPN/51 dated 15 June 2010 and became effective on 15 July 2010. 
 
(c) Deletion of 10 redundant entities from the List of Entities (Group A) of Annex 3. 
 
(d) Amendment of the quoted Article in paragr aph 1 of Annex 4 due to the verification of 
the revised text of  this Agreement. 
 
(e) In addition to the above changes, the fo llowing modifications to the Annexes of the 
GPA 1994 are incorporated accordingly into this rectified final offer: 
 
(i) Addition of "Reconstruction Agency" to the List of Entities of Annex 1 as 
has been notified by GPA/MOD/JPN/66, dated 14 February 2012. 
 
(ii) Deletion of "National Research Institute of Fire and Disaster" from the List of 
Entities (Group B) of Annex 3 due to its  abolishment and merger with Fire 
and Disaster Management Agency of Ministry of Internal Affairs and 
Communications listed in Annex 1, which has been already requested by Japan to the Secretariat for the circulation of its notification. 
 GPA/O/RFO/JPN/1 
Page 4  
 
  JAPAN 
 
(Authentic in the English language only) 
  
ANNEX 1 
 
Central Government Entities  
 
Thresholds : 
 
100 thousand SDRs  Goods 
4,500 thousand SDRs  Construction services  
450 thousand SDRs Architectural, engineering and oth er technical services covered by 
this Agreement  
100 thousand SDRs  Other services  
  List of Entities : 
 All entities covered by the Accounts Law as follows: 
 
- House of Representatives - House of Councillors - Supreme Court - Board of Audit 
- Cabinet 
- National Personnel Authority - Cabinet Office - Reconstruction Agency - Imperial Household Agency - National Public Safety Commission (National Police Agency) 
- Financial Services Agency 
- Consumer Affairs Agency 
- Ministry of Internal Affairs and Communications 
- Ministry of Justice - Ministry of Foreign Affairs 
- Ministry of Finance 
- Ministry of Education, Culture, Sports, Science and Technology 
- Ministry of Health, Labour and Welfare - Ministry of Agriculture, Forestry and Fisheries - Ministry of Economy, Trade and Industry 
- Ministry of Land, Infrastructure, Transport and Tourism 
- Ministry of Environment 
- Ministry of Defense 
  
Notes to Annex 1  
 
1. Entities covered by the Accounts Law include all their internal subdivisions, independent 
organs, attached organizations a nd other organizations and local br anch offices provided for in the 
National Government Organization Law and the Law establishing the Cabinet Office. 
  GPA/O/RFO/JPN/1 
 Page 5 
 
 
  2. This Agreement does not cover contracts to be  awarded to co-operatives or associations in 
accordance with laws and regulations existing at the time of the entry into force of this Agreement for 
Japan.  GPA/O/RFO/JPN/1 
Page 6  
 
  ANNEX 2 
 
Sub-Central Government Entities  
 
 Thresholds:  
 
200 thousand SDRs  Goods  
15,000 thousand SDRs  Construction services  
1,500 thousand SDRs Architectural, engineering and other t echnical services covered by this 
Agreement  
200 thousand SDRs  Other services  
  List of Entities : 
 
All prefectural governments entitled "To", "Do", "F u" and "Ken", and all designated cities entitled 
"Shitei-toshi", covered by the Local Autonomy Law as follows: 
 
- Hokkaido - Aomori-ken 
- Iwate-ken 
- Miyagi-ken - Akita-ken - Yamagata-ken - Fukushima-ken 
- Ibaraki-ken 
- Tochigi-ken - Gunma-ken - Saitama-ken - Chiba-ken - Tokyo-to 
- Kanagawa-ken 
- Niigata-ken - Toyama-ken - Ishikawa-ken - Fukui-ken 
- Yamanashi-ken 
- Nagano-ken - Gifu-ken - Shizuoka-ken - Aichi-ken - Mie-ken 
- Shiga-ken 
- Kyoto-fu - Osaka-fu - Hyogo-ken - Nara-ken 
- Wakayama-ken 
- Tottori-ken - Shimane-ken - Okayama-ken - Hiroshima-ken  GPA/O/RFO/JPN/1 
 Page 7 
 
 
  - Yamaguchi-ken 
- Tokushima-ken - Kagawa-ken - Ehime-ken - Kochi-ken 
- Fukuoka-ken 
- Saga-ken - Nagasaki-ken - Kumamoto-ken - Oita-ken 
- Miyazaki-ken 
- Kagoshima-ken - Okinawa-ken - Osaka-shi - Nagoya-shi 
- Kyoto-shi 
- Yokohama-shi - Kobe-shi - Kitakyushu-shi - Sapporo-shi - Kawasaki-shi 
- Fukuoka-shi 
- Hiroshima-shi - Sendai-shi - Chiba-shi - Saitama-shi 
- Shizuoka-shi 
- Sakai-shi - Niigata-shi - Hamamatsu-shi - Okayama-shi - Sagamihara-shi 
 
 
Notes to Annex 2  
 
1. "To", "Do", "Fu", "Ken" and "Shitei-toshi" covered by the Local Autonomy Law include all 
internal subdivisions, attached organizations and branch offices of all their governors or mayors, 
committees and other organizations prov ided for in the Local Autonomy Law. 
 2. This Agreement does not cover contracts to be  awarded to co-operatives or associations in 
accordance with laws and regulations existing at the time of the entry into force of this Agreement for 
Japan. 
 
3. This Agreement does not cover contracts whic h the entities award for purposes of their daily 
profit-making activities which are exposed to competitiv e forces in markets.  Th is note shall not be used 
in a manner which circumvents th e provisions of this Agreement. 
 
4. Procurement related to operational sa fety of transportation is not covered. 
 5. Procurement related to the pr oduction, transport or distribution of electricity is not covered. GPA/O/RFO/JPN/1 
Page 8  
 
  ANNEX 3 
 
Other Entities  
 
 
Thresholds : 
 130 thousand SDRs  Goods  
4,500 thousand SDRs  Construction services for Japan Post in Group A  
15,000 thousand SDRs  Construction services for all other entities in Group A  
4,500 thousand SDRs  Construction services for entities in Group B  
450 thousand SDRs Architectural, engineering and oth er technical services covered by 
this Agreement  
130 thousand SDRs  Other service  
 
 
List of Entities : 
 1. Group A  
- Agriculture and Livestock Industries Corporation 
- Central Nippon Expressway Company Limited 
- Development Bank of Japan Inc. - East Nippon Expressway Company Limited - Environmental Restoration and Conservation Agency - Farmers' Pension Fund 
- Fund for the Promotion and Deve lopment of the Amami Islands 
- Government Pension Investment Fund  - Hanshin Expressway Company Limited - Hokkaido Railway Company (a) (g) - Honshu-Shikoku Bridge Expressway Company Limited - Japan Alcohol Corporation 
- Japan Arts Council 
- Japan Atomic Energy Agency (b) - Japan Environmental Safety Corporation - Japan Expressway Holding and Debt Repayment Agency - Japan External Trade Organization 
- Japan Finance Corporation 
- Japan Finance Organization for Municipalities - Japan Foundation - Japan Freight Railway Company (a) (g) - Japan Housing Finance Agency - Japan Institute for Labour Policy and Training, The 
- Japan International Cooperation Agency 
- Japan Labour Health and Welfare Organization - Japan National Tourist Organization - Japan Oil, Gas and Metals National Corporation (c) 
- Japan Organization for Employment of the Elderly, Persons with Disabilities and Job 
Seekers 
- Japan Post - Japan Racing Association - Japan Railway Construction, Transport and Technology Agency (a) (d) (e) - Japan Science and Technology Agency  GPA/O/RFO/JPN/1 
 Page 9 
 
 
  - Japan Society for the Promotion of Science 
- Japan Student Services Organization - Japan Tobacco Inc. (g) - Japan Water Agency - Keirin Promotion Association (A juridical person designated as such pursuant to the 
Bicycle Racing Law) 
- Kyushu Railway Company (a) (g) - Metropolitan Expressway Company Limited 
- Motorcycle Racing Promotion Association (A juridical person designated as such 
pursuant to the Auto Racing Law) 
- Mutual Aid Association of Agriculture, Fo restry and Fishery Corporation Personnel 
- Mutual Aid Fund for Official Casualties and Retirement of Volunteer Firemen - Narita International Airport Corporation - National Association of Racing, The - National Agency for the Advancement of Sports and Health 
- National Center for Persons with Seve re Intellectual Disabilities, Nozominosono 
- National Consumer Affairs Center of Japan - New Energy and Industrial Tec hnology Development Organization 
- Nippon Telegraph and Telephone Co. (f) (g) - Nippon Telegraph and Telephone East Co. (f) (g) - Nippon Telegraph and Telephone West Co. (f) (g) 
- Northern Territories Issue Association 
- Okinawa Development Finance Corporation - Organization for Small & Medium Enterprises and Regional Innovation, JAPAN - Organization for Workers’ Retirement Allowance Mutual Aid - Promotion and Mutual Aid Corporation for Private Schools of Japan, The 
- RIKEN (b) 
- Shikoku Railway Company (a) (g) - Social Insurance Medical Fee Payment Fund - Tokyo Metro Co. Ltd. (a) - University of the Air Foundation - Urban Renaissance Agency 
- Welfare and Medical Service Agency 
- West Nippon Expressway Company Limited 
  2. Group B 
 
- Building Research Institute 
- Center for National University Finance and Management 
- Civil Aviation College - Electronic Navigation Research Institute - Fisheries Research Agency 
- Food and Agricultural Materials Inspection Center 
- Forestry and Forest Pr oducts Research Institute 
- Institute of National Colleges of Technology, Japan - Inter-University Research Institute Corporation - Japan Health Insurance Association 
- Japan International Research Ce nter for Agricultural Sciences 
- Japan Mint - Japan Nuclear Energy Safety Organization - Labor Management Organi zation for USFJ Employees 
- Marine Technical Education Agency GPA/O/RFO/JPN/1 
Page 10  
 
  - National Agency for Vehicle Inspection 
- National Agriculture and Food Research Organization - National Archives of Japan - National Cancer Center - National Center for Child Health and Development 
- National Center for Geriatrics and Gerontology 
- National Center for Global Health and Medicine - National Center for Industrial Pr operty Information and Training 
- National Center for Neurology and Psychiatry - National Center for Seeds and Seedlings 
- National Center for Teachers' Development 
- National Center for University Entrance Examinations - National Cerebral and Cardiovascular Center - National Fisheries University - National Hospital Organization 
- National Institution for Academic Degrees and University Evaluation 
- National Institute for Agro-Environmental Sciences  - National Institutes for Cultural Heritage - National Institute for Environmental Studies - National Institute for Materials Science - National Institute for Sea Training 
- National Institution for Youth Education 
- National Institute of Advanced Industrial Science and Technology 
- National Institute of Agrobiological Sciences - National Institute of Health and Nutrition - National Institute of Informa tion and Communications Technology 
- National Institute of Occ upational Safety and Health 
- National Institute of Radiological Sciences - National Institute of Special Needs Education - National Institute of Technology and Evaluation - National Livestock Breeding Center - National Maritime Research Institute 
- National Museum of Art 
- National Printing Bureau  - National Research Institute for Eart h Science and Disaster Prevention 
- National Research Institute of Brewing - National Science Museum 
- National Statistics Center 
- National Traffic Safety and Environment Laboratory - National University Corporation - National Women's Education Center - Nippon Export and Investment Insurance - Port and Airport Research Institute 
- Public Works Research Institute 
- Research Institute of Economy, Trade and Industry 
  
Notes to Annex 3 
 
1. This Agreement does not cover contracts to be  awarded to co-operatives or associations in 
accordance with laws and regulations existing at the time of the entry into force of this Agreement for 
Japan.   GPA/O/RFO/JPN/1 
 Page 11 
 
 
  2. This Agreement does not cover contracts wh ich the entities in Group A award for purposes of 
their daily profit-making activities wh ich are exposed to competitive forc es in markets.  This note shall 
not be used in a manner which circumvent s the provisions of this Agreement. 
 3. Notes to specific entities: 
 
(a) Procurement related to operational sa fety of transportation is not covered. 
 
(b) Procurement which could lead to the disclo sure of information incompatible with the 
purpose of the Treaty on the Non-Prolif eration of Nuclear Weapons or with 
international agreements on intellectual prope rty rights is not covered.  Procurement for 
safety-related activities aiming at utilization and management of radioactive materials 
and responding to emergencies of nu clear installation is not covered. 
 
(c) Procurement rela ted to geological and geophysical survey is not covered. 
 
(d) Procurement of advertising services, construction services and real estate services is not 
covered. 
 
(e) Procurement of ships to be jointly owned with private companies is not covered. 
 
(f) Procurement of public elect rical telecommunications equipment and of services related 
to operational safety of telecommunications  is not covered. 
 
(g) Procurement of the services specified in Annex 5, other than construction services, is 
not covered. 
 
4. With regard to procurement by Japan Ra ilway Construction, Transport and Technology 
Agency:  
- Note 3(a) applies only to the railway construction-related activities; 
 
- Note 3(d) applies only to the activities rela ting to the settlement of the former Japan 
National Railways; 
 
- Note 3(e) applies only to the shipbuilding activities. 
 
5. East Japan Railway Company (a) (g), Centra l Japan Railway Company (a) (g) and West Japan 
Railway Company (a) (g) shall be deemed to be included in Group A with respect to Goods and 
Services of this Annex until such time as the European Union withdraws its objection against the 
delisting of these companies.   As soon as the European Union's notification of the withdrawal of its objection has been 
notified to the Committee on Government Procur ement, this note shall cease to have effect. 
 6. National Aerospace Laboratory of Japan sha ll be deemed to be included in Group B with 
respect to Goods and Services of this Annex until such time as the European Union and the United 
States withdraw their objections against the delisting of this abolished entity. 
 
 As soon as the United States' a nd the European Union's notificatio ns of the withdrawals of their 
objections have been notified to the Committee on Government Procurement, this note shall cease to 
have effect. GPA/O/RFO/JPN/1 
Page 12  
 
  ANNEX 4 
 
Goods  
 
 
1. This Agreement covers procurement of all goods  by the entities listed in Annexes 1 through 3, 
unless otherwise specified in this Agreement.  2. This Agreement covers procurement by the Ministry of Defense of the following Federal 
Supply Classification (FSC) categorie s subject to the Japanese Government determinations under the 
provisions of Article III, paragraph 1:  
 
FSC Description  
 
22 Railway Equipment 
24 Tractors 
32 Woodworking Machinery and Equipment 34 Metalworking Machinery 35 Service and Trade Equipment 36 Special Industry Machinery 37 Agricultural Machinery and Equipment 
38 Construction, Mining, Excavating,  and Highway Maintenance Equipment 
39 Materials Handling Equipment 40 Rope, Cable, Chain, and Fittings 41 Refrigeration, Air Conditioning,  and Air Circulating Equipment 
43 Pumps and Compressors 
45 Plumbing, Heating and Sanitation Equipment 
46 Water Purification and Sewage Treatment Equipment 47 Pipe, Tubing, Hose, and Fittings 48 Valves 51 Hand Tools 52 Measuring Tools 
55 Lumber, Millwork, Plywood and Veneer 
61 Electric Wire, and Power and Distribution Equipment 62 Lighting Fixtures and Lamps 65 Medical, Dental, and Veterinary Equipment and Supplies 6630 Chemical Analysis Instruments 
6635 Physical Properties Testing Equipment 
6640 Laboratory Equipment and Supplies 6645 Time Measuring Instruments 6650 Optical Instruments 6655 Geophysical and Astronomical Instruments 6660 Meteorological Instruments and Apparatus 
6670 Scales and Balances 
6675 Drafting, Surveying, and Mapping Instruments 6680 Liquid and Gas Flow, Liquid Level, a nd Mechanical Motion Measuring Instruments 
6685 Pressure, Temperature, and Humidity Measuring and Controlling Instruments 6695 Combination and Mi scellaneous Instruments 
67 Photographic Equipment 
68 Chemicals and Chemical Products 71 Furniture 72 Household and Commercial Furnishings and Appliances 73 Food Preparation and Serving Equipment  GPA/O/RFO/JPN/1 
 Page 13 
 
 
  74 Office Machines and Visible Record Equipment 
75 Office Supplies and Devices 76 Books, Maps, and Other Publications 77 Musical Instruments, Phonographs, and Home-type Radios 79 Cleaning Equipment and Supplies 
80 Brushes, Paints, Sealers, and Adhesives 
8110 Drums and Cans 8115 Boxes, Cartons, and Crates 8125 Bottles and Jars 8130 Reels and Spools 
8135 Packaging and Packing Bulk Materials 
85 Toiletries 87 Agricultural Supplies 93 Non-metallic Fabricated Materials 94 Non-metallic Crude Materials 
99 Miscellaneous 
 GPA/O/RFO/JPN/1 
Page 14  
 
  ANNEX 5 
 
Services  
 
 
 This Agreement covers the following services, which are identified in accordance with the 
United Nations Provisional Central Product Cl assification (CPC) 1991, as well as document 
MTN.GNS/W/120 for Teleco mmunications services: 
  
(Provisional Central 
Product Classification (CPC), 1991)  
- 51 Construction work 
- 6112 Maintenance and repair servic es of motor vehicles (Note 1) 
- 6122 Maintenance and repair services of  motorcycles and snowmobiles (Note 1) 
- 633 Repair services of personal and household goods 
- 642 Food serving services (Note 5) 
- 643 Beverage serving services (Note 5) - 712 Other land transport services (ex cept 71235 Mail transportation by land) 
- 7213 Rental services of sea- going vessels with operator 
- 7223 Rental services of non-sea-going vessels with operator 
- 73 Air transport services (excep t 73210 Mail transportation by air) 
- 748 Freight transport agency services - 7512 Courier services (Note 2) -  Telecommunications services  -- MTN.GNS/W/120 
   - Corresponding CPC 
 -- 2.C.h. - 7523 Electronic mail;  -- 2.C.i. - 7521 Voice mail;  -- 2.C.j. - 7523 On-line informa tion and data base retrieval; 
 -- 2.C.k. - 7523 Electronic data interchange (EDI); 
 -- 2.C.l. - 7529 Enhan ced facsimile services; 
 -- 2.C.m. - 7523 Code and protocol conversion;  and 
 -- 2.C.n. - 7523 On-line in formation and/or data processing (including transaction 
processing) 
- 83106 
to 83108 Leasing or rental services concer ning agricultural machinery and equipment 
 without operator (Note 5)
 
- 83203 Leasing or rental services concerning fu rniture and other househo ld Appliances (Note 
5) 
- 83204 Leasing or rental services concerni ng pleasure and leisure equipment (Note 5)   GPA/O/RFO/JPN/1 
 Page 15 
 
 
  - 83209 Leasing or rental services concerning other personal or household goods (Note 5) 
- 865 Management consulting services (Note 5) 
- 866 Services related to management c onsulting (except 86602 Arbitration and  
conciliation services) (Note 5) 
- 84 Computer and related services - 864 Market research and publ ic opinion polling services 
- 867 Architectural, engineering and other technical services (Note 3) 
- 871 Advertising services - 87304 Armoured car services - 874 Building-cleaning services - 876 Packaging services (Note 5) 
- 8814 Services incidental to forestry and logging, including forest management 
- 88442 Publishing and printing services (Note 4) - 886 Repair services incidental to me tal products, machinery and equipment 
- 921 Primary education services 
- 922 Secondary education services 
- 923 Higher education services - 924 Adult education services - 9611 Motion picture and videotape production services 
  (except 96112 Motion picture videotape production services) 
- 94 Sewage and refuse dispos al, sanitation and other envir onmental protection services 
 
 
Notes to Annex 5  
 
1. Maintenance and repair services are not c overed with respect to those motor vehicles, 
motorcycles and snowmobiles which ar e specifically modified and inspec ted to meet regulations of the 
entities. 
 2. Courier services are not cove red with respect to letters. 
 3. Architectural, engineering and other technical services related to construction services, with the 
exception of the following services when procured independently, are covered: 
 
- Final design services of CPC 86712 Architectural design services; 
 
- CPC 86713 Contract administration services; 
 
- Design services consisting of one or a comb ination of final plans, specifications and 
cost estimates of either CP C 86722 Engineering design services for the construction of 
foundations and building structures, or CPC 86723 Engineering design services for 
mechanical and electrical installations for buildings, or CPC 86724 Engineering design 
services for the construction of civil engineering works;  and GPA/O/RFO/JPN/1 
Page 16  
 
  - CPC 86727 Other engineering services during the construction and installation phase. 
 4. Publishing and printing services are not co vered with respect to materials containing 
confidential information.  
5. With respect to these services, this Agreem ent does not cover procurement by the entities 
listed in Annexes 2 and 3.  GPA/O/RFO/JPN/1 
 Page 17 
 
 
  ANNEX 6 
 
Construction Services 
  
List of Division 51, Provisional Central Product Classification (CPC), 1991: 
  All services list ed in Division 51. 
  Note to Annex 6 
 
 Procurement with regard to a construction project based on th e Act on Promotion of Private 
Finance Initiative as of 30 November 2011 is covered. 
 GPA/O/RFO/JPN/1 
Page 18  
 
  ANNEX 7 
 
General Notes
 
 
 
1. Notwithstanding the Note to Anne x 6, procurement with regard to  a project within the scope of 
the Act on Promotion Finance Initiativ e as of 10 December 2010 is covered. 
 2. In case Parties do not apply Article XVIII to  suppliers or service providers of Japan in 
contesting the award of contract by  entities, Japan may not apply the Article to suppliers or service 
providers of the Parties in contesting the awar d of contracts by the same kind of entities. 
 
__________