RESTRICTED  
  
GPA/TN1994/3/Rev.16  
20 October  2006 
(24-2755) Page: 1/34 
Committee on Government Procurement  
Negotiations under Article XXIV:7 of the GPA 1994  
Comité des marchés publics  
Négociations au titre de l'article XXIV:7 de l'AMP 1994  
Comité de Contratación Pública  
Negociaciones en el marco del párrafo 7 del artículo XXIV  
del ACP 1994  
  
REVISION OF THE AGREEMENT ON GOVERNMENT PROCUREMENT  
AS AT 19 OCTOBER  2006*,** 
CLEAN TEXT  
PREPARED BY THE SECRETARIAT  
Revision  
This note reflects the state of the negotiations on the revision of the text of the Agreement on 
Government Procurement under Article  XXIV:7 as at the end of the meeting of the Informal Group 
of the Committee on Government Procurement held in the week of 1 6 October  2006.  
 
NB: The Parties are still reviewing this text and may have additional comments at a later stage.  
 
  
 
* In English only . 
** Pursuant to the relevant Decision of the Committee on Government Procurement ( GPA/CD/5  
(16/11/2023)), this do cument (informal document symbol: negs213) was derestricted on 8 November 2023.  GPA/TN1994/3/Rev.16  
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  Table of Contents  
Article  I Definitions  ................................ ................................ ................................ .........  3 
Article  II Scope and Coverage  ................................ ................................ ..........................  4 
Article  III Exceptions to the Agreement ................................ ................................ ..............  7 
Article  IV Developing Countries  ................................ ................................ ........................  7 
Article V  General Principles  ................................ ................................ ..............................  9 
Article  VI Information on the Procurement System  ................................ .............................  10 
Article  VII Notices  ................................ ................................ ................................ ..........  11 
Article  VIII Conditions for Participation  ................................ ................................ .............  12 
Article IX  Qualification of Suppliers  ................................ ................................ ...................  13 
Article  X Technical Specifications and Tender Documentation  ................................ ...............  15 
Article  XI Time-Periods  ................................ ................................ ................................ ... 17 
Article  XII Negotiation  ................................ ................................ ................................ .... 18 
Article  XIII Limited Tendering  ................................ ................................ ..........................  18 
Article  XIV Electronic Auctions  ................................ ................................ .........................  20 
Article  XV Treatment of Tenders and Contract Awards  ................................ .........................  20 
Article  XVI Transparency of Procurement Information  ................................ .........................  21 
Article  XVII  Disclosure of Information  ................................ ................................ ...............  22 
Article  XVIII  Domestic Review Procedures for Supplier Challenges  ................................ ........  23 
Article  XIX Modifications and Rectifications to Coverage  ................................ ......................  24 
Article  XX Consultations and Dispute Settlement  ................................ ................................  25 
Article  XXI Institutions  ................................ ................................ ................................ ... 27 
Article  XXII  Final Provisions  ................................ ................................ .............................  27 
 
 
Preamble  
 
Parties to this Agreement (hereinafter referred to as "Parties"),  
 
Recognizing  the need for an effective multilateral framework for government procurement, with a 
view to achieving greater liberalization and expansion of, and improving the framework for, the 
conduct of international trade;  
 
Recognizing  that measures regarding govern ment procurement should not be prepared, adopted or 
applied so as to afford protection to domestic suppliers, goods , or services , or to discriminate among 
foreign suppliers, goods or services;  
 
Recognizing  that the integrity and predictability of governmen t procurement systems are integral to 
the efficient and effective management of public resources, the performance of the Parties' 
economies, and the functioning of the multilateral trading system;  
 
Recognizing  that the procedural commitments under this Agr eement should be sufficiently flexible 
to accommodate the specific circumstances of each Party;  
 
Recognizing  the need to take into account the development, financial , and trade needs of developing 
countries, in particular the least -developed countries;  
 GPA/TN1994/3/Rev.16  
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  Recognizing the importance of transparent measures regarding government procurement, of 
carrying out procurements in a transparent and impartial manner, and of avoiding conflicts of 
interest and corrupt practices, in accordance with applicable international instruments, such as the 
United Nations Convention Against Corruption;  
 
Recognizing the importance of using, and encouraging the use of, electronic means for procurement 
covered by this Agreement;  
 
Desiring  to encourage acceptance of and accession to this Agreement by WTO Members not party 
to it; 
 
Having undertaken  further negotiations in pursuance of these objectives;  
 
Hereby agree  as follows:  
 
Article  I Definitions  
For purposes of th e Agreement:  
 
(a) commercial goods and services  mean s goods and services of a type generally sold 
or offered for sale in the commercial marketplace to, and customarily purchased by, 
non-governmental buyers for non -governmental purposes;  
 
(b) construction services contract  means a contract that has as its obj ective the 
realization by whatever means of civil or building works, based on Division  51 of the 
Provisional U.N . Central Product Classification (CPC);  
 
(c) country or countries  include any separate customs territory that is a Party to th e 
Agreement . In the case of a separate customs territory that is a Party to th e Agreement, 
where an expression in th e Agreement is qualified by the term "national", such 
expression shall be read as pertaining to that customs territory, unless otherwise 
specified;  
 
(d) days means calendar days;  
 
(e) electronic auction  means an iterative process  that involves  the use of el ectronic 
means for the presentation  by suppliers  of either new prices , or new values for 
quantifiable non-price elements of the tender related to the evaluation criteria , or both , 
resulting in a  ranking or re -ranking of tenders ; 
 
(f) in writing  or written  means any worded or numbered expression that can be read, 
reproduced and later communicated . It may include electronically transmitted and 
stored information;  
 
(g) limited tendering  means a procurement method where the procuring entity contacts 
a supplier or suppliers of its choice ; 
 
(h) measure  means any law, regulation, procedure, administrative guidance or practice, 
or any action of a procuring entity relating to a covered procurement;  
 
(i) multi -use list  means a list of suppliers that a procuring entity has determined satisfy 
the conditions f or participation in that list, and that the procuring entity intends to use 
more than once;  
 
(j) notice of intended procurement  means a notice published by a procuring entity 
inviting interested suppliers to submit a request for participation, a tender, or both;  
 
(k) offsets  means any condition or undertaking that encourage local development or 
improve a Party's balance -of-payment s accounts, such as the use of domestic content, 
the licensing of technology, investment, counter -trade, and similar actions;  
 GPA/TN1994/3/Rev.16  
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  (l) open tendering  means a procurement method where all interested suppliers may 
submit a tender;  
 
(m) person  means a natural per son or a juridical person;  
 
(n) procuring entity  means an entity covered under Annex  1, 2, or 3 of Appendix  I of each 
Party;  
 
(o) qualified supplier  means a supplier that a procuring entity recognizes as having 
satisfied the conditions for participation;  
 
(p) selective tendering  means a procurement method where only suppliers satisfying the 
conditions for participation are invited by the procuring entity to submit a tender;  
 
(q) services  includes construction services, unless otherwise specified;  
 
(r) standard  means a document approved by a recognized body, that provides, for 
common and repeated use, rules, guidelines or characteristics for products or services 
or related processes and pr oduction methods, with which compliance is not mandatory . 
It may also include or deal exclusively with terminology, symbols, packaging, marking 
or labelling requirements as they apply to a product, service, process or production 
method;  
 
(s) supplier  means  a person or group of persons that provides or could provide goods or 
services;  
 
(t) technical specification  means a tendering requirement that:  
 
(i) lays down the characteristics of goods or services to be procured, including 
quality, performance, safety , and dimensions, or the processes and methods for 
their production or provision ; or 
 
(ii) addresses terminology, symbols, packaging, marking or labelling requirements, 
as they apply to a good or service.  
 
Article  II Scope and Coverage  
Application of Agreement  
 
1. This Agreement applies to any measure regarding covered procurement, whether or not it is 
conducted exclusively or partially by electronic means . 
 
2. For the purposes of th e Agreement, covered procurement means procurement for  
governmental purposes:  
 
(a) of goods, services, or any combination thereof:  
 
(i) as specified in each Party 's Appendix  I; and 
 
(ii) not procured with a view to commercial sale or resale, or for use in the production 
or supply of goods or services for comme rcial sale or resale;  
 
(b) by any contractual means, including purchase ; lease; and rental or hire purchase, with 
or without an option to buy ; 
 
(c) for which the value , as estimated in accordance with paragraph s 9 through 11 , equals 
or exceeds the relevant threshold specified in [Appendix  I/paragraph  4], at the time of 
publication of a notice in accordance with Article  V; 
 
(d) by a p rocuring entity ; and 
 GPA/TN1994/3/Rev.16  
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  (e) that is not  otherwise  excluded from coverage in paragraph  4 or in each Party's 
Appendix  I. 
 
[3. Without prejudice to Article  [Exceptions ], the Agreement applies to any procurement:  
 
(a) of central government entities where the value is estimated to equal or exceed:  
 
- SDR 130,000 for contracts for supply of goods and services;  
 
- SDR 5,000,000 fo r contracts for construction services;  
 
(b) of sub -central government entities where the value is estimated to equal or exceed:  
 
- SDR 200,000 for contracts for supply of goods and services;  
 
- SDR 5,000,000 for contracts for construction services;  
 
(c) of entities according to Appendix  I, Annex  3 where the value is estimated to equal or 
exceed:  
 
- SDR 400,000 for contracts for supply of goods and services;  
 
- SDR 5,000,000 for contracts for construction services.]EC,NOR 
 
[Market Access Issue ] 
 
4. Except where provided otherwise in a Party's Appendix I, this Agreement does not apply to:  
 
(a) the acquisition or rental of land, existing buildings, or other immovable property or the 
rights thereon;  
 
(b) non-contractual agreements or any form of assista nce that a Party provides, including 
cooperative agreements, grants, loans, equity infusions, guarantees, and fiscal 
incentives;  
 
(c) the procurement  or acquisition of fiscal agency or depository services, liquidation and 
management services for regulated financial institutions, or services related to the sale, 
redemption and distribution of public  debt, including loans and government bonds, 
notes and othe r securities ; 
 
(d) public employment contracts ; 
 
[(e) the procurement of agricultural products made in furtherance of agricultural support 
programmes and human feeding programmes, including food aid; ]US,EC ,KOR,SWI 
 
(f) procurement conducted:  
 
(i) for the d irect purpose of providing international assistance,  including 
development aid;  
 
[(ii) in furtherance of tied aid to developing countries]CDA; 
 
[(iii) under the particular procedure or condition of an international agreement relating 
to the stationing of troops or relating to  the joint  implementation of a project by 
a Party with a non -Party;]EC,US  
 
(iv) [outside the territory of the Party]CDA in support of military forces located outside 
the territor y of the Party ; 
 
[(v) outside the territory of a Party]HKC; or 
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  (vi) under the particular procedure or condition of an international organization, or 
funded by international grants, loans, or other assistance where the applicable 
procedure or condition would be inconsistent with the Agreement . 
 
[N.B.: Canada is still considering this subparagraph (f) .] 
 
[N.B.: Norway is reserving its position on the inclusion of subparagraph (i) and 
(ii).] 
 
5. Each Party  shall specify the following information in its Appendix I a nnexes:  
 
(a) Annex  1 - the central government entities whose procurement is covered by th e 
Agreement;  
 
(b) Annex  2 - the sub -central government entities whose procurement is covered by th e 
Agreeme nt; 
 
(c) Annex  3 - all other entities whose procurement is covered by th e Agreement;  
 
[(d) Annex  4 - the goods covered by the Agreement;]US,CDA,JPN,SWI [Market Access  Issue ] 
 
(e) Annex  [4/5] - the services covered by the Agreement;  
 
(f) Annex  [5/6] - the construction services covered by the Agreement ; and 
 
(g) Annex  [6/7] - any General Notes applicable to the annexes.  
 
Compliance  
 
6. Each Party shall [take such reasonable measures as may be available to it to]CDA ensure that 
the procuring  entities listed in its Appendix  I comply with the provisions of [Article V, para graph  6; 
Articles VII through IX ; Article X, para graph s 7 through 11 and Articles XI through XV  (# to be 
updated) of]CDA the Agreement in conducting covered procurement.  
 
7. Where a procuring entity, in the context of covered procurement, requires persons not listed 
in Appendix  I to procure in accordance with particular requirements, Article  V shall apply 
mutatis  mutandis  to such requirements.  
 
Valuation  
 
8. In estimating the value of a procurement for the purpose of ascertaining whether it is a 
covered procurement, a procuring entity shall:  
 
(a) neither divide a procurement into separate procurements nor select or use a particular 
valuation method for estimating  the value of a procurement with the intention of totally 
or partially excluding it from the application of th e Agreement ; and 
 
(b) include the estimated maximum total value of the procurement over its entire duration, 
whether awarded to one or more suppli ers, taking into account all forms of 
remuneration, including:  
 
(i) premiums, fees, commissions,  and interest ; and 
 
(ii) where the procurement provides for the possibility of option clauses, the  
estimated maximum total value of the procurement, inclusive o f optional 
purchases.  
 
9. Where an individual requirement for a procurement  results in the award of more than one 
contract, or in the award of contracts in separate parts (hereafter refe rred to as "recurring 
procurements "), the calculation of the estimated maximum total value shall be based on:  GPA/TN1994/3/Rev.16  
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(a) the value of recurring procurem ents of the same type of good or service awarded during 
the preceding 12  months or the procuring entity's preceding fiscal year, adjusted where 
possible to take into account anticipated changes in the quantity or value of the good 
or service being procured  over the subsequent 12  months ; or 
 
(b) the estimated value of recurring procurements of the same type of good or service to 
be awarded during either the 12  months subsequent to the initial contract award or the 
procuring entity's fiscal year . 
 
10. In the case of procurement by lease, rental or hire purchase of goods or services, or 
procurement for which a total price is not specified, the basis for valuation shall be:  
 
(a) in the case of a fixed -term contract:  
 
(i) where the term of the contract is 12 months or less, the total estimated maximum 
value for its duration, or  
 
(ii) where the term of the contract exceeds 12  months, the total estimated maximum 
value, including any estimated residual value;  
 
(b) where the contract is for an indefinite period , the estimated monthly instalment 
multiplied by 48 ; and 
 
(c) where there is doubt as to whether the contract is to be a fixed -term contract, 
subparagraph  (b) shall be used.  
 
Article  III Exceptions to the Agreement  
1. Nothing in the Agreement shall be construed to prevent any Party from taking any action or 
not disclosing any information that it considers necessary for the protection of its essential security 
interests relating to the procurement of arms, ammunition , or war materials, or to procurement 
indispensable for national security or for national defence purposes.  
 
2. Subject to the requirement that such measures are not applied in a manner that would 
constitute a means of arbitrary or unjustifiable discrimination between Parties where the same 
conditions prevail or a disguised restriction on international trade, nothing in the Agreement shall 
be construed to prevent any Party from imposing or enforcing measures:  
 
(a) necessary to protect public morals, order , or safety;  
 
(b) necessary to protect h uman, animal or plant life or health;  
 
(c) necessary to protect intellectual property ; or 
 
(d) relating to goods [produced] or services [supplied] [by][of] persons with disabilities , 
philanthropic institutions , or prison labour.  
 
Article  IV Developing Coun tries 
1. In negotiations on accession to, and in the implementation and administration of, the 
Agreement, the Parties shall take special consideration of the development, financial, and trade 
needs and circumstances of developing countries and least -developed countries (collectively referred 
to hereafter as "developing countries", unless specifically identified otherwise), recognizing that 
these may differ significantly from country to country . As provided for in this Article and upon 
request, the Par ties shall accord special and differential treatment to:  
 
(a) least-developed countries ; and 
 
(b) any other developing country [, where and to the extent that this special and differential 
treatment meets its development needs ]. GPA/TN1994/3/Rev.16  
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    [N.B.: Israel does not support the bracketed language. ] 
 
2. Upon accession by a developing country to the Agreement, each Party shall provide 
immediately to the goods, services, and suppliers of that country the most favourable coverage that 
the Party provides under Appendix  I to any other Party to the Agreement, subject to any terms 
negotiated between that Party and the developing country in order to maintain an appropriate 
balance of opportunities under the Agreement . 
 
3. Based on its development needs, and with the agreement o f the Parties, a developing country 
may, upon its accession to the Agreement, adopt or retain one or more of the following transitional 
measures, during a transition period and in accordance with a schedule, set out in an Annex to its 
Appendix  I, and in a manner that does not discriminate among the Parties:  
 
(a) a price preference programme, provided that the programme:  
 
(i) provides a preference only for the part of the tender incorporating goods or 
services originating in the developing country applying t he preference or goods 
or services originating in other developing countries that have [obligations to 
provide national treatment under]CDA preferential agreements with the developing 
country applying the preference ; and 
 
(ii) is transparent, and the prefe rence and its application in the procurement are 
clearly described in the notice of intended procurement and the notice inviting 
suppliers to apply for participation in procurement covered by the Agreement;  
 
(b) an offset, provided that any requirement for , or consideration of, the imposition of the 
offset is clearly stated in the notice of intended procurement and the notice inviting 
suppliers to apply for participation in procurement covered by the Agreement;  
 
(c) the phased -in addition of specific entiti es or sectors ; and 
 
(d) a transitional threshold that is higher than its permanent threshold.  
 
4. The agreed -upon transition period shall not exceed five [ten]NOR years for developing countries 
and ten [twenty ]NORyears for least -developed countries.  
[N.B.: Israel does not support this paragraph. ] 
 
5. In negotiations on accession to the Agreement, the Parties may agree to the delay of the 
application of any specific obligation in the Agreement, other than Article V:1(b), by an acceding 
developing countr y while that country completes its implementation of the obligation . The 
implementation period shall be  for: 
 
(a) a least -developed country, five years after its accession to the Agreement ; and 
 
(b) any other developing country, only the period necessary t o implement the specific 
obligation , but not to exceed  three years . 
 
6. Any developing country that has been permitted a period in which to implement an obligation 
under paragraph  5 shall list in an Annex to its Appendix  I the implementation period, the specific 
obligation subject to the implementation period, and any interim obligation with which it agrees to 
comply during the implementation period.  
 
7. After the Agreement has enter ed into force for a developing country, the Committee, 
on request of the developing country , may: 
 
(a) extend the transition period for a measure permitted under paragraph  3 or the 
implementation period permitted under paragraph  5; or 
 
(b) approve the appl ication of a new transitional measure permitted under paragraph  3, in 
special circumstances that were unforeseen during the accession process.  
 GPA/TN1994/3/Rev.16  
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  8. A developing country benefiting from a transitional measure provided for in paragraph s 3 or 7, 
or an implemen tation period provided for in paragraph  5, or any extension thereof under 
paragraph  7 shall take such steps during the transition  period  or implementation period as may be 
necessary to ensure  that it is in compliance with this Agreement  at the end of any s uch period . The 
developing country shall promptly notify the Committee of such steps . 
 
9. The Parties shall give due consideration to any request by a developing country for technical 
cooperation and capacity building in relation to that country's accessio n to, or implementation of , 
the Agreement.  
 
10. The Committee may develop procedures for the implementation of this Article . Such 
procedures may include  provis ions for voting on decisions relating to requests under paragraph  7. 
 
11. The Committee shall review the operation and effectiveness of this Article every five  years.  
 
Article  V General Principles  
National Treatment and Non -Discrimination  
 
1. With respect to any measure regarding  covered procurement,  each Party, including its 
procuring entities, shall accord immediately and unconditionally to the goods and services of any 
other Party and to the suppliers of any other Party offering the goods or services of any Party, 
treatment no less favourable than the t reatment the Party, including its procuring entities, accords 
to: 
 
(a) domestic goods, services and suppliers ; and 
 
(b) goods, services and suppliers of any other Party.  
 
2. With respect to any measure regarding  covered procurement , a Party, including its procuring 
entities, shall not:  
 
(a) treat a locally established supplier less favourably than another locally established 
supplier on the basis of degree of foreign affiliation or ownership ; nor 
 
(b) discriminate against a locally established supplier on t he basis that the goods or services 
offered by that supplier for a particular procurement are goods or services of any other 
Party.  
 
Use of Electronic Means  
 
3. When conducting covered procurement by electronic means, a procuring entity shall:  
 
(a) ensure that the procurement is conducted using information technology systems and 
software , including those related to authentication and encryption of information , that 
are generally  available  and interoperable  with other generally available  information 
technology systems and software ; and 
 
(b) maintain mechanisms that ensure  the integrity  of requests for participation and tenders, 
including establishment of the time of receipt an d the prevent ion of  inappropriate 
access . 
 
Conduct of Procureme nt 
 
4. A procuring entity shall conduct covered procurement  in a transparent and i mpartial  manner  
that: 
 
(a) is consistent with the Agreement, using methods such as open tendering, selective 
tendering, and limited tendering;  
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  (b) avoids  conflicts of interest ; and 
 
(c) prevents corrupt practices.  
 
Rules of Origin  
 
5. For purposes of covered procurement, no Party may apply rules of origin to goods or services 
imported from or supplied by another Party that are different from the rules of origin the Party 
applies at the same time in the normal course of trade to imports or supplies of the same goods or 
services from the same Party.  
 
Offsets  
 
6. With regard to covered procurement, a Party, including its procuring entities, shall not seek, 
take account of, impose , or enforce offsets.  
 
Measures Not Specific to Procurement  
 
7. The provisions of paragraphs  1 and 2 shall not apply to customs duties and charges of any 
kind imposed on, or in connection with, importation, the method of levying such duties and c harges, 
other import regulations or formalities, and measures affecting trade in services other than measures 
governing covered procurement.  
 
Article  VI Information  on the Procurement System  
1. Each Party shall:  
 
(a) promptly publish any law, regulation, j udicial decision, administrative ruling of general 
application, standard contract clauses that is mandated by a law or regulation and is 
incorporated by reference in notices and tender documentation and procedure regarding 
covered procurement, and any modi fications thereof, in an officially designated 
electronic or paper medium  that is widely disseminated and remain s readily accessible 
to the public ; and 
 
(b) provide an explanation thereof to any Party, on request.  
 
2. Each Party shall list:  
 
(a) in Appendix II, the electronic or paper medium in which the Party publishes the 
information regarding the Party's procurement system as required by paragraph 1;  
 
(b) in Appendix III, the electronic or paper medium in which the Party publishes the notices 
required by Articles VII , XVI:2, and IX:7 ; and 
 
(c) in Appendix IV, the website address where the Party publishes:  
 
(i) its procurement statistics pursuant to Article XVI:5, as a substitute for the 
submission of such data under Article XVI:4;  
 
(ii) its notices  concerning awarded contracts pursuant to Article XVI:6, as a substitute 
for the report required under Article XVI:4.  
[N.B.: Parties are still considering paragraph 2 .] 
 
[3. Each Party shall promptly notify the Committee of  any modification to the Party's  information 
listed in Appendices II, III or IV. ]US,EC 
[N.B.: Canada questions whether the three Appendices could be combined into one. ] 
 GPA/TN1994/3/Rev.16  
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  Article  VII Notices  
Notice of Intended Procurement  
 
1. For each covered procurement, except in the circumstances described in Article  XIII, 
a procuring entity shall publish a notice of intended procurement in the appropriate paper or 
electronic media  listed in Appendix  II. Such media shall be widely disseminated and such notices  
shall remain readily acc essible to the public  [during the tendering period ]. The notices shall:  
 
(a) for procuring entities in Annex 1 , be accessible by electronic means [free of 
charge ]EC,US,SWI,KOR,NOR ,ISR,HKC through a single point of access ; and 
 
(b) for procuring entities in Annex es 2 and 3, where accessible  by electronic means, be 
provided  [free of charge]EC,SWI,KOR,NOR,ISR,HKC, at least , through links in a gateway 
electronic site.  
 
Parties, including their procuring entities in Annexes 2 and 3, are encouraged to publish their notices 
by electronic means free of charge through a single point of access . 
 
2. Except as otherwise provided  in this Agreement , each notice of intended procurement shall 
include:  
 
(a) the name and address of the procuring entity and other information necessary to contact 
the procuring entity and obtain all relevant documents relating to the procurement, and 
their cost and terms of payment, if any;  
 
(b) a description of the procurement, including the nature and the quantity of the good s or 
services to be procured or, where the quantity is not known, the estimated quantity;  
 
(c) for recurring contracts, if possible, an estimate of the timing of subsequent notices of 
intended procurement;  
 
(d) a description of any options;  
 
(e) the time -frame for delivery of goods or services or the duration of the contract;  
 
(f) the procurement method that will be used and whether it will involve negotiation or 
electronic auction;  
 
(g) where applicable, the address and any time -limit for the submission of  requests for 
participation in the procurement;  
 
(h) the address and the time -limit for the submission of tenders;  
 
(i) the language or languages in which tenders or requests for participation must be 
submitted, if other than an official language of the Party of the procuring entity;  
 
(j) a list and brief description of any conditions for participation of suppliers, including any 
requirements for specific documents or certifications to be provided by suppliers in 
connection therewith, unless such requirem ents are included in tender documentation 
that is made available to all interested suppliers [by electronic means ] at the same time 
as the  notice of intended procurement;  
 [N.B.: Japan and Hong Kong, China do not support the bracketed language . 
Hong Kong, China proposes instead " any economic and technical 
requirements, financial guarantees and information required from suppliers ".] 
 
(k) where, pursuant to Article  IX, a procuring entity intends to select a limited number of 
qualified suppliers to be invited to tender, the criteria that will be used to select them 
and, where applicable, any limitation on the number of suppliers that will be permitted 
to tender ; and 
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  (l) an indication that the procurement is covered by the Agreement.  
 
Summary Notice  
 
3. For each case of intended procurement, [where the notice of intended procurement is not 
already published in one of the official languages of the WTO,]US,CDA,HKC ,ISR,EC,SWI,NOR a procuring entity 
shall publish, by the time of publication of the notice of intended procurement, in a readily accessible 
summary notice at least the following information in one of the WTO languages:  
 
(a) the subject -matter of the procurement;  
 
(b) the time -limits set for the submission of tenders or, where applicable, any time-limits 
for the submission of requests for participation in the procurement or for inclusion on a 
multi-use list ; and 
 
(c) the addresses from which documents relating to the procurement may be requested.  
 
Notice of Planned Procurement  
 
4. Procuring ent ities are encouraged  to publish [in the appropriate paper or electronic  media 
listed in Appendix [III]] as early as possible in each fiscal year a notice regarding their future 
procurement plans . The notice should include the subject -matter of the procurement and the 
planned date of the publication of the notice of intended procurement.  
[N.B.: Japan is still considering the bracketed language. ] 
 
5. A procuring entity in [Annex  2 and]US Annex  3 may use a notice of planned procurement as a 
notice of i ntended procurement provided that it includes as much of the information in paragraph  2 
as is available and a statement that interested suppliers should express their interest in the 
procurement to the entity.  
 
Article  VIII Conditions for Participation  
1. A procuring entity shall limit any conditions for participation in a procurement to those that 
are essential to ensure that a supplier has the legal, commercial, technical, and financial abilities to 
undertake the relevant procurement.  
 
2. In assessing whe ther a supplier satisfies the conditions for participation, a procuring entity:  
 
(a) shall evaluate the financial, commercial, and technical abilities of a supplier on the basis 
of that supplier's business activities both inside and outside the territory o f the Party of 
the procuring entity;  
 
(b) shall base its determination on the conditions that the procuring entity has specified in 
advance in notices or tender documentation;  
 
(c) may not impose the condition that, in order for a supplier to participate in a 
procurement, the supplier has previously been awarded one or more contracts by a 
procuring entity of a given Party ; and 
 
(d) may require relevant prior experience where essential to meet the requirements of the 
procurement.  
 
3. Where there is supporting evidence, a Party, including its procuring entities, may exclude a 
supplier on grounds such as:  
 
(a) bankruptcy;  
 
(b) false declarations;  
 GPA/TN1994/3/Rev.16  
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  (c) significant or persistent deficiencies in performance of any substantive requirement or 
obligation  under a prior contract or contracts;  
 
(d) final judgments in respect of serious crimes or other serious offences;  
 
(e) professional misconduct or acts or omissions that adversely reflect upon the commercial 
integrity of the supplier ; or 
 
(f) failure to pa y taxes.  
 
Article IX Qualification of Suppliers  
Registration Systems and Qualification Procedures  
 
1. A Party, including its procuring entities, may maintain a supplier registration system where  
interested suppliers are required to register  and provide certain information.  
 
2. Each Party shall ensure that:  
 
(a) its procuring entities make efforts to minimi ze differences in their qualification 
procedures ; and 
 
(b) where  its procuring entities maintain registration systems , the entities make efforts to 
minimize differences in their registration systems . 
 
3. A Party, including its procuring entities, shall not adopt or apply any registration system or  
qualification procedure  with the purpose or the effect of creating unnecessary obstacles to the 
participation of foreign suppliers in its procurement . 
 
Selective  Tendering  
 
4. Where a procuring entity  intends to use selective tendering, the entity shall:  
 
(a) in the notice of intended procurement include at least the information in Article  VII:2(a), 
(b), (f), (g), (j) , (k), and (l) and invite suppliers to submit a  request for participation ; 
and 
 
(b) by the commencement of the time -period for tendering, provide at least  the information 
included in Article VII:2 (c), (d), (e), (h), and (i) to the qualified suppliers that it notifies 
in accordance with Article X I:3(b). 
 
5. A procuring entity shall recognize as a qualified supplier  any domestic supplier and any 
supplier of another Party that meet s the conditions for participation in a particular procurement, 
unless the procuring entity states in the notice  or, where publicly available, in the tender 
documentation,  any limitation on the number of suppliers that will be permitted to tender and the 
criteria for  selecting the limited number of suppliers.  
 
6. Where the tender documentation is not made publicly available from the date of publication 
of the notice referred to in paragraph  4[(a)], a procuring entity shall ensure that those documents 
are mad e available at the same time to all the qualified suppliers selected in accordance with 
paragraph  5. 
 
Multi-Use Lists  
 
7. A procuring entity may maintain a multi -use list of suppliers, provided that a notice inviting 
interested suppliers to apply for inclu sion on the list is:  
 
(a) published annually ; and 
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  (b) where published by electronic means , made available continuously , 
 
in one of the appropriate media listed in Appendix  [III]. 
 
8. The notice  provided for in paragraph 7 shall include:  
 
(a) a description of the goods and services, or categories thereof, for which the list may be 
used;  
 
(b) the conditions for participation to be satisfied by suppliers and the methods that the 
procuring entity will use to verify a supplier's satisfaction of the conditions;  
 
(c) the name and address of the procuring entity and other information necessary to contact 
the entity and obtain all relevant documents relating to the list;  
 
(d) the period of validity of the list and the means for its re newal or termination, or where 
the period of validity is not provided, an indication of the method by which notice will 
be given of the termination of use of the list ; and 
 
(e) an indication that the list may be used for procurement covered by th e Agreemen t. 
 
9. Notwithstanding paragraph  7, where a multi -use list will be valid for three years or less, a 
procuring entity may publish the notice referred to in paragraph  7 only once, at the beginning of the 
period of validity of the list, provided that  the noti ce: 
 
(a) states the period of validity and that further notices will not be published ; and 
 
(b) is published by electronic means and is made available continuously during the period 
of its validity.  
[N.B.: Hong Kong, China is still considering subparagraph (b). ] 
 
[A procuring entity shall not use  this paragraph in a manner that circumvents the provisions of this 
Agreement.]JPN 
 
10. A procuring entity shall allow suppliers to apply at any time for inclusion on a multi -use list 
and shall include o n the list all qualified suppliers within a reasonably short time.  
 
11. Where a supplier that is not included on a multi -use list submits a request for participation in 
a procuremen t based on  a multi -use list and all required documents relating thereto, within the 
time-period  provided for in Ar ticle XI:2, a procuring entity shall examine the request and may not 
exclude the supplier from consideration in respect of the procurement on the grounds that the entity 
has insufficient time to examine the  request , unless, in exceptional cases, due to the complexity of 
the procurement, the entity is not able to complete the examination of the request within the 
time-period allowed for the submission of tenders . 
 
Annex  [2 and]US,CDA 3 Entities  
 
12. A procuring entity listed in Annex  [2 or]US,CDA 3 may use a notice inviting suppliers to apply 
for inclusion on a multi -use list as a notice of intended procurement, provided that:  
 
(a) the notice is published in accordance with paragraph 7 and includes the information in 
paragraph  8, as much of the information in Article  VII:2 as is available , and a statement 
that it constitutes a notice of intended procurement or that only the suppliers on the 
multi-use list will receive further notice of procurements that are covered by the 
multi-use list;  
 
(b) the entity promptly provides to suppliers that have expressed an interest to the entity 
in a given procurement, sufficient information to permit them to assess their interest in 
the procurement, including all remaini ng information required in Article  VII:2, to the 
extent such information is available ; and GPA/TN1994/3/Rev.16  
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(c) a supplier having applied for inclusion on a multi -use list in accordance with 
paragraph  10 may be allowed to tender in a given procurement, where there is suff icient 
time for the procuring entity to examine whether it satisfies the conditions for 
participation . 
 
Information on Procuring Entities' Decisions  
 
13. A procuring entity shall promptly inform any supplier that submits a request for participation 
or application for inclusion on a multi -use list of its decision.  
 
14. Where a procuring entity rejects a supplier's request for participation or application for 
inclusion on a multi -use list , ceases to recognize a supplier as qualified , or removes a supplier from 
a multi -use list, the entity shall promptly inform the supplier and, on request of the supplier, 
promptly provide the supplier with a written explanation of the reasons for its decisi on. 
 
Article  X Technical Specifications and Tender Documentation  
Technical Specifications  
 
1. A procuring entity shall not prepare, adopt, or apply any technical specification or prescribe 
any conformity assessment procedure with the purpose or the effect of creating unnecessary 
obstacles to international trade.  
 
2. In prescribing the technical specifications for the goods or services being procured, a procuring 
entity shall, where appropriate:  
 
(a) specify the technical specification in terms of performance and functional requirements, 
rather than design or descriptive characteristics ; and 
 
(b) base the technical specification on international standards, where such exist ; otherwise, 
on national technical regulations, recognized national standards,  or building codes.  
 
3. Where design or descriptive characteristics are used in the technical specifications, a procuring 
entity should indicate, where appropriate, that it will consider tenders of equivalent goods or services 
that demonstrably fulfil the requirements of the procurement by including words such as "or 
equivalent" in the tender documentation.  
 
4. A procuring entity shall not prescribe technical specifications that require or refer to a 
particular trademark or trade name, patent, copyright, de sign or type, specific origin, producer or 
supplier, unless there is no other sufficiently precise or intelligible way of describing the procurement 
requirements and provided that, in such cases, the entity includes words such as "or equivalent" in 
the ten der documentation.  
 
5. A procuring entity shall not seek or accept, in a manner that would have the effect of 
precluding competition, advice that may be used in the preparation or adoption of any technical 
specification for a specific procurement from a pe rson that may have a commercial interest in the 
procurement.  
 
6. For greater certainty, a Party, including its procuring entities, may, in accordance with this 
Article, prepar e, adopt, or apply technical specifications to promote the conservation of natura l 
resources or protect the environment . 
 
Tender Documentation  
 
7. A procuring entity shall provide to suppliers tender documentation that includes all information 
necessary to permit suppliers to prepare and submit responsive tenders . Unless already provid ed in 
the notice of intended procurement, such documentation shall include a complete description of:  
 GPA/TN1994/3/Rev.16  
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  (a) the procurement, including the nature and the quantity of the goods or services to be 
procured or, where the quantity is not known, the estimated qua ntity and any 
requirements to be fulfilled, including any technical specifications, conformity 
assessment certification, plans, drawings, or instructional materials;  
 
(b) any conditions for participation of suppliers including a list of information and doc uments 
that suppliers are required to submit in connection therewith;  
 
(c) all evaluation criteria  to be considered in the awarding of the contract, and, except 
where price is the sole criterion, the relative importance of such criteria;  
 
(d) where the procuring entity will conduct the procurement by electronic means any 
authentication and encryption requirements or other requirements related to the receipt 
of information by electronic means;  
 
(e) where the procuring entity will hold an electronic auction, the rules, including 
identification of the elements of the tender related to the evalu ation criteria, on which 
the auction will be conducted;  
 
(f) where there will be a public opening of tenders, the date, time and place for the opening 
and, where appropriate, the persons authorized to be present;  
 
(g) any other terms or conditions, includi ng terms of payment and any limitation on the 
means by which tenders may be submitted, e.g. paper or electronic means ; and 
 
(h) any dates for the delivery of goods or the provision of service s. 
 
8. In establishing any delivery date for the goods or service s being procured, a procuring entity 
shall take into account such factors as the complexity of the procurement, the extent of 
subcontracting anticipated and the realistic time required for production, de -stocking and transport 
of goods from the point of su pply or for supply of services.  
 
9. The evaluation criteria set out in the notice or tender documentation may include, among 
others, price and other cost factors, quality, technical merit, environmental characteristics , and 
terms of delivery.  
 
10. A procur ing entity shall promptly:  
 
(a) provide, on request, the tender documentation to any supplier participating in the 
procurement ; and 
 
(b) reply to any reasonable request for relevant information by a supplier participating in 
the procurement, provided that such information does not give that supplier an 
advantage over its competitors in the procurement.  
 
Modifications  
 
11. Where, prior to the award of a contract, a procuring entity modifies the criteria or technical 
requirements set out in a no tice or tender documentation provided to participating suppliers, or 
amends or reissues a notice or tender documentation, it shall transmit in writing all such 
modifications or amended or re -issued notice or tender documentation:  
 
(a) to all the suppliers that are participating at the time the information is amended, if 
known, and in all other cases, in the same manner as the original information ; and 
 
(b) in adequate time to allow such suppliers to modify and re -submit amended tenders, as 
appropriate.  
 GPA/TN1994/3/Rev.16  
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  Article  XI Time -Periods  
General  
 
1. A procuring entity shall, consistent with its own reasonable needs, provide sufficient time for 
suppliers to prepare and submit requests for participation and responsive tenders, taking into 
account such fa ctors as:  
 
(a) the nature and complexity of the procurement;  
 
(b) the extent of subcontracting anticipated ; and 
 
(c) the time for transmitting tenders from foreign as well as domestic points where 
electronic means are not used.  
 
Such time -periods, including any extension of the time -periods, shall be common for all interested 
or participating suppliers.  
 
Deadlines  
 
2. A procuring entity that uses selective tendering shall establish that the final date for the 
submission of requests for participation  shall not, in principle, be less than 25  days from the date of 
publication of the notice of intended procurement . Where a state of urgency duly substantiated by 
the procuring entity renders this time -period impracticable, the time -period may be reduced to  not 
less than 10  days.  
 
3. Except as provided for in paragraphs  4 and 5 , a procuring entity shall establish that the final 
date for the submission of tenders shall not be less than 40  days from the date on which:  
 
(a) in the case of open tendering, the no tice of intended procurement is published [and the 
tender documentation is available]KOR,SWI ,HKC; or 
 
(b) in the case of selective tendering, the entity notifies suppliers that they will be invited 
to submit tenders, whether or not it uses a multi -use list . 
 
4. A procuring entity may reduce the time -period for tendering set out in paragraph  3 to not less 
than 10  days where:  
 
(a) the procuring entity published a notice of planned procurement under Article  VII:4 at 
least 40  days and not more than 12  months in advance of the publication of the notice 
of intended procurement, and the notice of planned procurement contains:  
 
(i) a description of the procurement;  
 
(ii) the approximate time-limits for the submission of tenders or requests for 
participation;  
 
(iii) a statement that interested suppliers should express their interest in the 
procurement to the procuring entity;  
 
(iv) the address from which documents relating to the procurement may be obtained ; 
and 
 
(v) as much of the information that is required under Article  VII:2 for the notice of 
intended procurement, as is available ; or 
 
[(b) the procuring entity publishes a second or subsequent notice  [based on an intita l 
agreement or contract]EC [relating to contracts of a recurring nature; ]CDA]CDA 
 GPA/TN1994/3/Rev.16  
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  (b)/(c)  a state of urgency duly substantiated by the procuring entity renders such time -period 
impracticable.  
 
5. A procuring entity may reduce the time -period for tendering set out in paragraph  3 by 
five days for each one of the following circumstances:  
 
(a) the notice of intended procurement is published by electronic means;  
 
(b) all the tender documentation is made available by electronic means from the date of 
the publication of the notice of intended procurement ; and 
 
(c) the tenders can be received by electronic means by the procuring entity.  
 
6. The use of paragraph  5, in conjunction with paragraph  4, shall in no case result in the 
reduction of the time -period  for tendering set out in paragraph 3 to less than 10  days from the date 
on which the notice of intended procurement is published.  
 
7. Notwithstanding any other time -period in this Article, where a procuring entity purcha ses 
commercial goods or services, it may reduce the time -period for tendering set out in paragraph  3 to 
not less than [15]EC,US,JPN ,NOR [10]CDA days, provided that it publishes by electronic means, at the 
same time, both the notice of intended procurement and the complete tender documentation . Where 
the entity also accepts tenders for commercial goods and services by electronic means, it may redu ce 
the tendering period set out in paragraph  3 to not less than [15]EC,US,JPN ,NOR [ten]CDA days. 
[N.B.: The EC  considers  15 and 10 days as a compromise and is considering proposing 15 
days in all cases if this is not acceptable to other Parties. ] 
 
8. Where  a procuring entity in Annex  [2 or]US,CDA 3 has selected all or a limited number of 
qualified suppliers, the time -period for tendering may be fixed by mutual agreement between the 
procuring entity and the selected suppliers . In the absence of agreement, th e period shall not be 
less than 10  days.  
 
Article  XII Negotiation  
1. A Party may provide for its procuring entities to conduct negotiations:  
 
(a) in the context of procurements in which they have indicated such intent in the notice of 
intended procurement in paragraph  2 of Article  VII; or 
 
(b) where it appears from the evaluation that no one tender is obviously the most 
advantageous in terms of the specific evaluation criteria set forth in the notice or tender 
documentation.  
 
2. A procuring entity shall:  
 
(a) ensure that any elimination of tenderers in negotiations is carried out in accordance 
with the evaluation criteria set out in the notice or tender documentation ; and 
 
(b) when negotiations are concluded, provide a common deadli ne for the remaining 
tenderers to submit any new or revised tenders.  
 
Article  XIII Limited Tendering  
1. Provided that it does not use this provision for the purpose of avoiding competition among 
suppliers or in a manner that discriminates against suppliers  of the other Parties, or that protects 
domestic suppliers, a procuring entity may use limited tendering and may choose not to apply 
Articles  [[VII through XII, XIV]US,EC[VII through IX, X  (paragraphs 7 through 11), XI, XII, XIV]CDA 
and XV (paragraphs 1 and 3 through 9)]US,EC,CDA only under the following circumstances:  
 GPA/TN1994/3/Rev.16  
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  (a) provided that the requirements of the tender documentation are not substantially 
modified:  
 
(i) where no tenders were submitted or no suppliers applied to meet the conditions 
for participation;  
 
(ii) where no tenders that conform to the essential requirements of the tender 
documentation were submitted;  
 
(iii) where no suppliers satisfied the conditions for participation ; or 
 
(iv) where the tenders submitted have been collusive;  
 
(b) where the goods or services can be supplied only by a particular supplier and no 
reasonable alternative or substitute goods or services exist for the following reasons:  
 
(i) the requirement is for a work of art;  
 
(ii) the protection of patents, copyrig hts or other exclusive rights ; or 
 
(iii) due to an absence of competition for technical reasons;  
 
(c) for additional deliveries by the original supplier of goods and services that were not 
included in the initial procurement where : 
 
(i) a change of supplie r for such additional goods and services can not be made for 
economic or technical reasons such as requirements of interchangeability or 
interoperability with existing  equipment, software, services, or installations  
procured under the in itial procurement ; and 
 
(ii) such separation would cause significant inconvenience or substantial duplication 
of costs to the procuring entity ; 
 [N.B.: Japan is still reviewing subparagraph (c) .] 
 
(d) insofar as is strictly necessary where, for reasons of extreme urgency brought about by 
events unforeseeable by the procuring entity, the goods or services could not be 
obtained in time using open tendering or selective tendering;  
 
(e) for goods purchased on a commodity market;  
 
(f) where a procuring entity procures a prototype or a first good or service that is developed 
at its request in the course of, and for, a particular contract for research, experiment, 
study or original development . Original development of a first good or service may 
include limited production or supply in order to incorporate the results of field testing 
and to demonstrate that the good or service is suitable for production or supply in 
quantity to acceptable quality stand ards, but does not include quantity production or 
supply to establish commercial viability or to recover research and development costs;  
 
[(g) for new [construction]JPN,KOR services consisting of the repetition of similar services 
which conform to a basic project for which an initial contract was awarded following an 
open or selective procurement method and for which the procuring entity has indicated 
in the notice of intended procurement concerning the initial service, that a limited 
procurement method mig ht be used in awarding contracts for such new services; ] 
[N.B.: The majority of Parties support the deletion of this subparagraph . Hong 
Kong, China ; Japan ; and Korea are still considering its deletion. ] 
 
(h) for purchases made under exceptionally advantage ous conditions which only arise in 
the very short term in the case of unusual disposals such as arising from liquidation, 
receivership or bankruptcy and not for routine purchases from regular suppliers ; and 
 
(i) where a contract is awarded to a winner of a design contest provided that:  GPA/TN1994/3/Rev.16  
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(i) the contest has been organized in a manner that is consistent with the principles 
of the Agreement, notably as regards the publication of a notice of intended 
procurement ; and 
 
(ii) the participants are judged  by an independent jury with a view to a design 
contract being awarded to a winner.  
 
2. A procuring entity shall prepare a report in writing on each contract awarded under 
paragraph  1. Each such report shall include the name of the procuring entity, the va lue and kind of 
goods or services procured and a statement indicating the circumstances and conditions described 
in paragraph  1 that justified the use of such procedures.  
 
Article  XIV Electronic Auctions  
Where a procuring entity intends to conduct a covered procurement using an electronic auction, the 
entity shall provide each participant, before commencing the electronic auction, with:  
 
(a) the automatic evaluation method including the mathematical formul a, that is based on 
the evaluation criteria set out in the tender documentation and that will be used in the 
automatic ranking or re-ranking during the auction;  
 
(b) the results of any initial evaluation of the elements of its tender where the contract is 
to be awarded on the basis of the most advantageous tender ; and 
 
(c) any other relevant information relating to the conduct of the auction.  
 
Article  XV Treatment of Tenders and Contract Awards  
Treatment of Tenders  
 
1. A procuring entity shall receive, open, and treat all tenders under procedures that guarantee 
the fairness and impartiality of the procurement process, and the confidentiality of tenders.  
 
2. A procuring entity shall not penalize any supplier whose tender is received after the tim e 
specified for receiving tenders if the delay is due solely to mishandling on the part of the procuring 
entity.  
 
3. When a procuring entity provides suppliers with opportunities to correct unintentional errors 
of form between the opening of tenders and th e awarding of the contract, the procuring entity shall 
provide the same opportunities to all participating suppliers.  
 
Awarding of Contracts  
 
4. To be considered for award, a tender must be in writing and must, at the time of opening, 
comply with the essential requirements of the notices and tender documentation and be from a 
supplier that satisfies the conditions for participation.  
 
5. Unless a pr ocuring entity determines that it is not in the public interest to award a contract, 
it shall award the contract to the supplier that the entity has determined to be fully capable of 
undertaking the contract and, based solely on the evaluation criteria spe cified in the notices and 
tender documentation, has submitted:  
 
(a) the most advantageous tender ; or 
 
(b) where price is the sole criterion, the lowest price.  
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  6. Where a procuring entity receives a tender with a price that is abnormally lower than the 
prices in other tenders submitted, it may verify with the tenderer that it can comply with the 
conditions of participation and be capable of fulfilling the terms of the contract.  
7. A procuring entity shall not use option clauses, cancel a procurement , or mod ify awarded 
contracts in a manner that circumvents the obligations of the Agreement.  
 
Article  XVI Transparency of Procurement  Information  
Information Provided to Suppliers  
 
1. A procuring entity shall promptly inform participating suppliers of the entity's  contract award 
decisions and, on request, in writing . Subject to Article  XVII, a procuring entity shall, on request, 
provide an unsuccessful supplier with an explanation of the reasons that the entity did not select its 
tender and the relative advantages of the successful supplier's tender.  
 
Publication of Award Information  
 
2. Not later than 72  days after the award of each contract covered by th e Agreement, a procuring 
entity shall publish a notice in the appropriate paper or electronic media listed in Appendix  [III]. 
Where only an electronic medium is used, the information shall remain readily accessible for a 
reasonable period of time . The notic e shall include at least the following information:  
 
(a) a description of the goods or services procured;  
 
(b) the name and address of the procuring entity;  
 
(c) the name and address of the successful supplier;  
 
(d) the value of the successful tender or th e highest and lowest offers taken into account 
in the award of the contract;  
 
(e) the date of award ; and 
 
(f) the type of procurement method used, and in cases where limited tendering was used 
pursuant to Article  XIII, a description of the circumstances justifying the use of such 
procedure.  
 
Maintenance of Documentation , Reports, and Electronic Traceability  
 
3. Each procuring entity shall , for a period of at least three  years from the award of the contract : 
 
(a) maintain documentation and re ports of tendering procedures and contract awards 
relating to covered procurement, including the reports provided for in Article  XIII; and 
 
(b) maintain data that ensure  the appropriate traceability of the conduct of covered 
procurement  by electronic means . 
 
Collection and Report of Statistics  
 
4. Each Party shall collect and report to the Committee statistics on its contracts covered by th e 
Agreement . Each report shall cover one  year and be submitted within two  years of the end of the 
reporting period, and shall contain:  
 
(a) for Annex  1 procuring entities:  
 
(i) the number and total value, for all such entities, of contracts covered by th e 
Agreement;  
 GPA/TN1994/3/Rev.16  
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  (ii) the number and total value of all contracts covered by th e Agreement awarded 
by such entities, broken down by categories of  goods and services according to 
an internationally recognized uniform classification system ; and 
 
(iii) the number and total value of contracts covered by th e Agreement awarded by 
each such entity under limited tendering;  
 
(b) for Annex  2 and 3 procuring entities, the number and total value of contracts covered 
by the Agreement awarded by all such entities, broken down by Annex ; and 
 
(c) estimates for the information required under subparagra phs (a) and (b), with an 
explanation of the methodology used to develop the estimates, where it is not feasible 
to provide the data. 
 
5. Where a Party publishes its statistics on an official website, the Party may substitute a 
notification of the website a ddress for the submission of the data  under paragraph 4 , with any 
instructions necessary to access and use such statistics.  
 
6. Where a Party requires notices concerning awarded contracts, pursuant to paragraph  2, to be 
published electronically and where such notices are accessible to the public through a single database 
in a form permitting analysis of the covered contracts, the Party may substitute a notification of the 
website address for the submission of the data  under paragra ph 4, with any instructions necessary 
to access and use such data.  
 
Article  XVII Disclosure of Information  
Provision of Information to Parties  
 
1. On request of any other Party, a Party shall provide promptly any information necessary to 
determine whether the procurement was conducted fairly, impartially and in accordance with th e 
Agreement, including information on the characteristics and relative advantages of the successful 
tender . In cases where release of this information would prejudice competition in  future tenders, the 
Party that receives that information shall not disclose it to any supplier, except after consultation 
with, and agreement of, the Party that provided the information.  
 
Non-Disclosure of Information  
 
2. Notwithstanding any other provisi on of the Agreement, a Party, including its procuring entities , 
may not provide information to a particular supplier that might prejudice fair competition between 
suppliers.  
 
3. Nothing in th e Agreement shall be construed to require a Party, including its procuring entities, 
authorities, and review bodies, to release confidential  information under th e Agreement where 
release:  
 
(a) would impede law enforcement;  
 
(b) might prejudice fair competit ion between suppliers;  
 
(c) would prejudice the legitimate commercial interests, including the protection of 
intellectual property, of particular persons ; or 
 
(d) would otherwise be contrary to the public interest.  
 GPA/TN1994/3/Rev.16  
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  Article  XVII I Domestic Review Procedures  for Supplier Challenges  
[N.B.: Hong Kong, China ; and Korea  are still considering the reference to "Party's 
measures implementing the Agreement". ] 
 
1. Each Party shall provide a timely, effective, transparent , and non -discriminatory 
administrative or judicial review procedure through which a supplier may challenge  a failure to 
comply with a Party's measures implementing the Agreement , arising in the context of a covered 
procurement, in which it has , or has had, an interest . The procedural rules for all  challenges shall 
be in writing and made generally available.  
 
2. In the event of a complaint  by a supplier , arising in the context of covered procurement in 
which the supplier has, or has had, an interest, that there has been a failure to comply with a Party's 
measures implementing the Agreement , each Party shall encourage the procuring entity and supplier 
to seek resolution of the complaint through consultations . The procuring entity shall accord impartial 
and timely consideration to any such complaint in a manner that is  not prejudicial to the supplier's 
participation in ongoing or future procurement or to the right to seek corrective measures under the 
administrative or judicial review procedure.  
 
3. Each supplier shall be allowed  a sufficient period of time to prepare and submit a challenge, 
which in no case shall be less than 10  days from the time when the basis of the challenge became 
known or reasonably should have become known to the supplier.  [This time -period may be reduced 
to seven days  in procurement : 
 
(a) that is conducted in accordance with Article XI:4  due to a state of urgency ; 
 
(b) that is conducted in accordance with Article XI:7 for commercial goods or services ; or 
 
(c) where the award of a contract is based on [a framework agreement or other ] 
multi-award contract or agreement. ]EC,US 
 
4. Each Party shall establish or designate at least one impartial administrative or judicial 
authority that is independent of its procuring  entities to receive and review a challenge by a supplier  
arising in the context of a covered procurement.  
 
5. Where a body other than an authority referred to in paragraph  4 initially reviews a challenge, 
the Party shall ensure that the supplier may appea l the initial decision to an impartial administrative 
or judicial authority that is independent of the procuring entity that is the subject of the challenge.  
 
6. A review body that is not a court shall either be subject to judicial review or shall have 
procedures which provide that:  
 
(a) the procuring entity shall respond in writing to the challenge  and disclose all relevant 
documents to the review body;  
 
(b) the participants to the proceedings ("participants") shall have the right to be heard prior 
to a decision of the review body being made on the challenge;  
 
(c) the participants shall have the right to be represented and accompanied;  
 
(d) the participants shall have access to all proceedings;  
 
(e) the participants shall, have the right to request that the proceedings take place in public 
and that witnesses may be presented ; and 
 
(f) decisions or recommendations relating to supplier challenges shall be provided, in a 
timely fashion, in writing, with an explanation of the basis for each decision or 
recomm endation.  
 GPA/TN1994/3/Rev.16  
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  7. Each Party shall adopt or maintain procedures that provide for:  
 
(a) rapid interim measures to preserve the supplier's opportunity to participate in the 
procurement . Such interim measures may result in suspension of the procurement 
process . However, procedures may provide that overriding adverse consequences for 
the interests concerned, including the public interest, may be taken into account when 
deciding whether such measures should be applied . In such circumstances, just cause 
for not acting shall be provided in writing ; and 
 
(b) corrective action  where a review body has determined that there has been a failure  by 
a procuring entity to comply with a Party's measures implementing  the Agreement or 
compensation for the loss or damages  suffered, which may be limited to the costs for 
the preparation of the tender , the costs relating to the challenge, or both . 
[N.B.: Hong Kong, China is checking on the language of subparagraph (b). ] 
 
Article XIX Modifications and Rectifications to Coverage  
[N.B.: Japan continues to see a necessity for arbitration provisions. ] 
 
Notification of Proposed Modification  
 
1. A Party shall notify the Committee of any proposed rectification, transfer of an entity from one 
Annex to another, withdrawal of an entity, or other modification (referred to generally in this Article 
as "modification") of Appendix I.  The Party proposing the modification ("modifying Party") shall 
include in the notification:  
 
(a) for any proposed withdrawal of an entity from Appendix  I in exercise of its rights on the 
grounds that government control or influence over it  [in respect of its covered 
procurement]SGP,JPN has been effectively eliminated, [including by virtue of 
liberalization,]EC,NOR,SWI evidence  [of suc h elimination]SGP,JPN [that such government 
control or influence has been effectively eliminated ]EC,US including information that 
addresses, as appropriate, any indicative criteria developed by the Committee [in 
accordance with paragraph [7]]US,EC; or 
 
(b) for any other proposed modification, information as to the likely consequences of the 
change for the mutually agreed coverage provided in the Agreement.  
 
[2. Where a Party uses a method other than a list of specific entities to identify its covered entiti es 
in Appendix  I to the Agreement, the Party shall notify, at least annually in accordance with 
paragraph  1, all proposed modifications to the covered entities that are within the scope of the 
entities generally described or referred to by the Party in the  Annexes . Where no such modifications 
are contemplated a nil report will be provided.]CDA,JPN  
 
Objection to Notification  
 
3. Any Party whose [rights]US,EC,NOR,JPN ,KOR,SWI,SGP [benefits]CDA under the Agreement may be 
affected by  a proposed modification noti fied under paragraph  1 may notify the Committee of any 
objection to the proposed modification . Such objections shall be made  within 45  days from the date 
of the circulation to the Parties of the notification , and shall set out reasons for the objection.  
 
Consultations  
 
4. The modifying Party and any Party making an objection ( "objecting Party ") shall seek to 
resolve the objection through consultations . In such consultations, the modifying and objecting 
Parties concerned shall consider the proposed modification and, in  the case of a notification under 
paragraph  1(b), any claim for compensatory ad justments, with a view to maintaining a balance of 
rights and obligations and a comparable level of mutually agreed coverage provided in the 
Agreement prior to such notification.  
 GPA/TN1994/3/Rev.16  
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  Revised Modification  
 
5. If the modifying Party and any objecting Party reso lve the objection through consultations, 
and the modifying Party revises its proposed modification as a result of those consultations, the 
modifying Party shall notify the Committee in accordance with paragraph  1, and any such revised 
modification shall on ly be effective after fulfilling the requirements of this Article.  
 
Implementation  
 
6. A proposed modification shall become effective only where:  
 
(a) no Party submits to the Committee a written objection to the proposed modification 
within 45  days from th e date of circulation of the notification of the proposed 
modification under paragraph  1; 
 
(b) all objecting Part ies have notified the Committee that they withdraw  their objecti ons to 
the proposed modification [; or 
 
(c) 150 days from the date of circulation of the notification of the proposed modification 
under paragraph 1 [(b)]SGP have elapsed, and the modifying Party has informed the 
Committee of its intention to implement the modification. ]US,EC ,SWI,NOR 
 
[7. Where a modification becomes e ffectiv e pursuant to paragraph 6 (c), any objecting Party may 
withdraw substantially equivalent coverage . Notwithstanding Article V:1(b), such a withdrawal may 
be implemented solely with respect to the modifying Party . Any objecting Party shall inform the 
Committe e of any such withdrawal at least 30 days before implementing it .]US,EC ,NOR 
 
[7bis. In respect of a proposed modification under paragraph 1(a), if the modifying Party and the 
objecting Party are unable to resolve their objections through consultations, the  issue of whether 
there is effective elimination of government control or influence over a procuring entity which will 
entitle the modifying Party to withdraw it from its Appendix I shall be resolved in accordance with 
Article  XX.]SGP 
 
Committee Responsibilities  
 
[8. The Committee may develop working procedures to facilitate resolution of disputes under 
paragraph 2 , criteria  that indicate the effective elimination of government control or influence over 
an entity [which shall apply only where government control or influence over an entity's covered 
procurement has not been effectively eliminated]SGP, and criteria that indicate how to determine the 
level of compensatory adjustment to be offered for modifications made  pursuant to 
paragraph  1(b).]EC,US ,SWI,CDA,NOR 
 
Article  XX Consultations and Dispute Settlement  
1. Each Party shall accord sympathetic consideration to, and shall afford adequate opportunity 
for, consultation regarding such representations as may be made b y another Party with respect to 
any matter affecting the operation of the Agreement . 
 
2. Where any Party considers that any benefit accruing to it, directly or indirectly, under the 
Agreement  is being nullified or impaired, or that the attainment of any ob jective of the Agreement  
is being impeded as the result of the failure of another Party or Parties to carry out its obligations 
under the Agreement [, or the application by another Party or Parties of any measure, whether or 
not it conflicts with the provis ions of the Agreement ,]CDA,JPN,US it may with a view to reaching a 
mutually satisfactory solution  to the matter, have recourse to the provisions of the Understanding 
on Rules and Procedures Governing the Settlement of Disputes (hereinafter referred to as " the 
Dispute Settlement Understanding").  
 
3. The Dispute Settlement Understanding applies  to consultations and the settlement of disputes 
under the Agreement , with the following modifications:  
 GPA/TN1994/3/Rev.16  
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  [(a) in the case of a dispute in which provisions of the Agreement  and of one or more other 
Agreements listed in Appendix  1 of the Dispute Settlement Understanding are invoked 
by one of the parties to the dispute, only a Member of the WTO that is a Party to this  
Agreement may, with respect to those parts of the dispute concerning the Agreement : 
 
(i) participate in decisions or actions of the Dispute Settlement Body;  
 
(ii) join as a third Party in consultations ; and 
 
(iii) participate as a third Party during panel  and Appellate Body 
proceedings ;]US,EC,JPN ,ISR 
 
and 
 
[(b) notwithstanding paragraph  3 of Article  22 of the Dispute Settlement Understanding, 
any dispute arising under any Agreement listed in Appendix  1 to the Dispute Settlement 
Understanding other than this Agreement  shall not result in the suspension of 
concessions or other obligations un der this Agreement, and any dispute arising under 
this Agreement shall not result in the suspension of concessions or other obligations 
under any other Agreement listed in the said Appendix  1].US,ISR,JPN,CDA ,KOR 
 
[(bbis) Where a Party, pursuant to Article 22.2 DSU, requests authorization to suspend 
concessions or other obligations and either the violation or other nullification or 
impairment is under this Agreement, or the Party envisages suspending concessions or 
other obligations under this Agreement the following principles and procedures shall 
replace those set out in Article 22.3 DSU : 
 
(i) where the panel or Appellate Body has found a violation or other nullification or 
other impairment under this Agreement, the complaining Party should first seek 
to suspend concessions or other obligations under this Agreement . If that Party 
considers that it is not practicable or effective to suspend concessions or other 
obligations under this Agreement, and that the circumstances are serious enough, 
it may seek to sus pend concessions or other obligations under another covered 
agreement;  
 
(ii) where the panel or Appellate Body has found a violation or other nullification or 
other impairment under another covered agreement, the complaining Party 
should first seek to susp end concessions or other obligations under that 
agreement . If that Party considers that it is not practicable or effective to suspend 
concessions or other obligations under that agreement, and that the 
circumstances are serious enough, it may seek to suspe nd concessions or other 
obligations under this Agreement;  
 
(iii) in applying the above principles, that Party shall take into account:  
 
(a) the trade under the Agreement under which the panel or Appellate Body 
has found a violation or other nullification o r impairment, and the 
importance of such trade to that Party;  
 
(b) the broader economic elements related to the nullification or impairment 
and the broader economic consequences of the suspension of concession 
or other obligations;  
 
(iv) if that Party deci des to request authorization to suspend concessions or other 
obligations pursuant to the second sentence of subparagraphs  (i) or (ii), it shall 
state the reasons therefore in its request . At the same time as the request is 
forwarded to the DSB, it also sha ll be forwarded to the Committee and the 
relevant Councils.  
 
(v) all other provisions of Article 22 DSU are applicable to a suspension of concessions 
or other obligations under the GPA . In such cases, references to Article  22.3 DSU 
in Article  22.6 DSU should be read as a reference to this provision. ]EC,SWI GPA/TN1994/3/Rev.16  
- 27 - 
   
Article  XXI Institutions  
Committee on Government Procurement  
 
1. A Committee on Government Procurement composed of representatives from each of the 
Parties shall be established . This Committee shall elect its own Chairman and shall meet as 
necessary, but not less than once  a year, for the purpose of affording Parties the opportunity to 
consult on any matters relating to the operation of the Agreement  or the furtherance of its objec tives, 
and to carry out such other responsibilities as may be assigned to it by the Parties.  
 
2. The Committee may establish working parties or other subsidiary bodies that shall carry out 
such functions as may be given to them by the Committee.  
 
Observers  
 
3. Any WTO Member that is not a Party to the Agreement  shall be entitled to participate in the 
Committee as an observer upon submission of a written notice to the Secretariat . Any WTO observer 
may submit a written request to the Secretariat to participat e in the Committee as an observer, and 
may be accorded observer status by the Committee.  
 
Article  XXII Final Provisions  
Acceptance and Entry into Force  
 
1. The Agreement  shall enter into force on  [] for those WTO Members whose agreed coverage is 
set out in  Annexes  1 through  [6/7] of Appendix  I, and that have, by signature, accepted the 
Agreement  on [], or have, by or on that date, signed the Agreement subject to ratification and have 
subsequently ratified the Agreement before  []. 
 
Transitional Arrangements  
 
2. Between the Parties to this Agreement that are also Parties to the Agreement on Government 
Procurement dated 15  April 1994 ("1994  Agreement"), the 1994  Agreement shall cease to apply  on 
the date of entry into force of this Agreement for th ose Parties . When all Parties to the 
1994 Agreement have accepted this Agreement, the 1994  Agreement shall be terminated.  
 
Accession  
 
3. Any Member of the WTO may accede to this Agreement  on terms to be agreed between that 
Member and the Parties . Accession  shall take place by deposit with the Director -General of the WTO 
of an instrument of accession that states the terms so agreed . The Agreement  shall enter into force 
for an acceding Member on the 30th day following the date of its accession to the Agreemen t. 
 
Reservations  
 
4. No Party may enter any reservation in respect of any provisions of the Agreement . 
 
National Legislation  
 
5. Each Party shall ensure, not later than the date of entry into force of the Agreement  for it, 
the conformity of its laws, regulations and administrative procedures, and the rules, procedures and 
practices applied by its procuring entities, with the provisi ons of the Agreement . 
 
6. Each Party shall inform the Committee of any changes in its laws and regulations relevant to 
the Agreement  and in the administration of such laws and regulations.  
 GPA/TN1994/3/Rev.16  
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  Reports and Future Work  
 
7. The Committee shall annually inform the General Council of the WTO of developments relating 
to the implementation and operation of the Agreement . 
 
8. Not later than the end of [the tenth  year] from the date of entry into force of the Agreement , 
and periodi cally thereafter, the Parties thereto shall undertake further negotiations, with a view to 
improving the Agreement  and achieving the greatest possible extension of its coverage among all 
Parties , taking into consideration the needs of developing countries . 
 
9. The Parties shall seek to avoid introducing or continuing discriminatory measures and practices 
that distort open procurement and shall, in the context of negotiations, seek to eliminate those which 
remain on the date of entry into force of the Agreem ent. 
[N.B.: The EC and US recommend that the Parties review the need for , and content of, 
paragraphs  8 and 9 before the end of the negotiations. ] 
 
10. Following the conclusion of the work programme for the harmonization of rules of origin for 
goods being undertaken under the Agreement on Rules of Origin in Annex  1A of the Agreement 
Establishing the World Trade Organization and negotiations regarding trade in services, the Parties 
shall take the results of that work programme and those negotiations in to account in amending 
Article  III:5,  as appropriate.  
 
11. Not later than the end of the third  year from the date of entry into force of the Agreement , 
the Committee shall undertake further work to consider the advantages and disadvantages of 
developing common nomenclature for goods and services and standardized notices  
 
Amendments  
 
12. The Parties may amend the Agreement  having regard, inter alia , to the experience gained in 
its implementation . Such an amendment, once the Parties have concurred in accordan ce with the 
procedures established by the Committee, shall take effect for the Parties that have accepted them 
upon acceptance by [two-thirds ] of the Parties and thereafter for each other Party upon acceptance 
by it. 
 
Withdrawal  
 
13. Any Party may withdraw from the Agreement . The withdrawal shall take effect upon the 
expiration of 60  days from the date the Director -General of the WTO receives wr itten notice of the 
withdrawal . Any Party may upon such notification request an immediate meeting of the Committee.  
 
14. If a Party to the Agreement  ceases to be a Member of the WTO, it shall cease to be a Party to 
the Agreement  with effect from the same d ate. 
 
Non-application of the Agreement  between Particular Parties  
 
15. The Agreement  shall not apply as between any two Parties if either Party, at the time it accepts 
or accedes to the Agreement , does not consent to such application.  
 
Appendices  
 
16. The Appendices to the Agreement  constitute an integral part thereof.  
 
Secretariat  
 
17. The Agreement  shall be serviced by the WTO Secretariat.  
 GPA/TN1994/3/Rev.16  
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  Deposit  
 
18. The Agreement  shall be deposited with the Director -General of the WTO, who shall promptly 
furnish to each Party a certified true copy of the Agreement , of each rectification or modificati on 
thereto pursuant to paragraph  [] and of each amendment thereto pursuant to paragraph  12, and a 
notification of each accession thereto pursuant to paragraph  3 and of each withdrawal therefrom 
pursuant to paragraph  13. 
 
Registration  
 
19. The Agreement  shall be registered in accordance with the provisions of Article  102 of the 
Charter of the United Nations.  
 
Done at [] this [] day of [] in a single copy in the English, French and Spanish languages, each text 
being authentic, except as otherwise  specified with respect to the Appendices hereto.  
 
  GPA/TN1994/3/Rev.16  
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  PROPOSED DECISION  OF THE COMMITTEE  
ON GOVERNMENT PROCUREMENT  
RELATING TO COVERAGE OF SOFTWARE UNDER THE AGREEMENT  
ON GOVERNMENT PROCUREMENT  
Decision of [day/month/year]  
 
 
 The Committee on Government Procurement,  
 
 Recognizing that covered procurement means procurement pursuant to Article II:2;  
 
 Recognizing that software may be delivered on a carrier medium or delivered, accessed, or 
used by electronic means ; and 
 
 Noting  the need to clarify whether procurement of software is considered covered procurement 
by the Parties, without regard as to whether a Party classifies software as a good or a service,  
 
 Decides  as follows:  
 
 Software shall be deemed to be covered in a Part y's Appendix I, unless that Party has explicitly 
set out in its Appendix I that it excludes software from its coverage.  
 
[N.B.: Hong Kong, China is of the view that software coverage should be clarified in each 
Party's Appendix. ] 
 
  GPA/TN1994/3/Rev.16  
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  PROPOSED DECISION OF THE COMMITTEE  
ON GOVERNMENT PROCUREMENT  
INDICATIVE CRITERIA PURSUANT TO ARTICLE XIX:[7] [OF THE REVISED GPA]  
[RELATING TO ELIMINATION OF GOVERNMENT CONTROL OR INFLUENCE  
OVER AN ENTITY'S COVERED PROCUREMENT]HKC,JPN  
Decision of [day/month/year ] 
 
[N.B.: All Parties are still reviewing this proposed decision and recognize that  
further work is needed. ] 
 
 
 The Committee on Government Procurement,  
 
 Noting  that Article  XIX:[7] provides that the Committee shall develop criteria that may 
indicate the eff ective elimination of government control or influence over an entity;  
 
 [Desiring  to resolve any uncertainty that may arise where a Party wishes to withdraw an entity 
from Appendix I in exercise of its rights provided for in Article XIX:1(a) and to enhance  security and 
predictability of the Agreement ; and]JPN 
 
 [Recognizing  that it is not practicable to apply a single set of criteria because of differences in 
domestic policies and the legal systems of Parties regarding [privatization ]JPN [the effective 
elimination of government control or influence]EC and thus it is necessary to consider each case in 
its own right, ]JPN 
 
 Hereby decides  as follows:  
 
 [A Party proposing to withdraw an entity from Appendix I ("modifying Party"), pursuant to 
Article  XIX:1, on the grounds that government control or influence over the entity has been 
effectively eliminated shall include in the notification evidence that such control or influence has 
been effectively eliminated, including information that address es, as appropriate, the following 
indicative criteria]US,SWI,NOR,HK C [A Party shall include, as appropriate, in the notification evidence that 
addresses the effective elimination of government control or influence and that directly relates to 
the following  indicative criteria]EC,KOR: 
 
[1. The effective elimination of government control or influence for the purpose of Article  XIX:1(a) 
shall be considered in light of information that addresses, as appropriate, the following indicative 
criteria: ]JPN 
 
[(a) whether a law, regulation, procedure, or administrative guidance governs any aspect of 
the management or operation of the entity and such measure does not apply to other 
enterprises that are engaged in the same sector or industry;]US 
 
[(abis) whether a law, regulation, procedure, or administrative guidance relating to a covered 
procurement provides the government's direct control on the management or operation 
of the entity and such control does not apply to other enterprises that are engaged in 
the same  business activity;]JPN 
 
[(b) whether the entity has been created by a law or regulation to perform activities in the 
furtherance of a legally mandated public purpose;]US 
 
(c) whether the government holds a direct [or indirect]US,EC controlling interest in  the 
entity's capital  and voting rights;  
 
(d) whether the government [ has the power to name the entity 's directors who are 
participating in the management or control of the entity beyond the general regulatory 
framework ]JPN[appoints any of the entity's man agers or directors or otherwise 
participates in the management or control of the entity]US,EC; 
 GPA/TN1994/3/Rev.16  
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   [(e) whether the entity is accountable to the government or to the public treasury in 
respect of the profitability of the entity;]US 
 
 [(f) whether the regular reporting on the profitability is obligated to the entity by the 
government or the public treasury, and such obligation is beyond the entity's 
accountability to other stakeholders and beyond the obligations to other companies in 
the same business ;]JPN 
 
 [(g) whether the government exercises formal or informal oversight or supervision of 
an entity's business decisions or operations, beyond the normal regulatory oversight of 
the relevant industry;]US 
 
(h) the extent to which the entity is financially or commercially dependent on the 
government through [ subsidies of a continuous nature .]JPN [such means as:  
 
(i) the government [provides support to or]US subsidizes the entity, and, if so, 
whether such subsidy represents a one -time public investment or a c ontinuous 
operating subsidy ; and 
 
(ii) the government purchases a substantial proportion of the entity's goods or 
services;]US 
 
[(i) whether the government has granted [to the entity]US special or exclusive legal or 
economic rights or benefits  that may alt er the competitiveness of [the]US entity's goods 
or services in a commercial market or otherwise influence the entity's business 
decisions ; [and]US [or]EC]US,EC  
 
[(j) whether the entity is engaged in the provision of goods or services in commercial 
markets subject to genuine competition and to which access is not restricted, it being 
acknowledged that government control or influence over an entity through 
shareholding, participation on the management board, financing or any other means 
may be neutralised insofar as the entity's procurement is concerned where the entity is 
exposed to genuine competition on markets to which access is not restricted;]EC 
 
[(k) whether the entity is exclusively engaged in the provision of goods or services in 
commercial markets  subject to genuine competition or whether it has mixed 
governmental and commercial functions].US 
 
[2. Notwithstanding the provisions of paragraph 1 above, the government control or influence 
over the entity 's procurement decision shall be deemed to be effectively eliminated when the 
following conditions are met:  
 
(a) the government  has disposed of its share in the entity's capital and voting rights  to the 
extent that other stock holders can oppose or approve the entity 's decisions effectively;  
 
(b) the government  has put into force  all the domestic laws and regulation s necessary for 
the privatization of the entity ; and 
 
(c) the government's direct control over appointments of managers or directors and 
business decisions of the entity has been effectively abolished .]JPN,KOR  
 GPA/TN1994/3/Rev.16  
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  PROPOSED DECISION OF THE COMMITTEE ON GOVERNMENT PROCUREMENT  
PURSUANT TO ARTICLE  XIX:16 OF THE REVISED GPA  
WORKING PROCEDURES F OR ARBITRATION UNDER ARTICLE  XIX 
Decision of [day/month/year]  
 
 
 The Committee on Government Procurement,  
 
 Noting  that Article  XIX:16 provides that the Committee shall develop working procedures for 
arbitrations;  
 
 Hereby adopts  the following working procedures for arbitrations under Article  XIX: 
 
Appointment of the Arbitrator  
 
1. Arbitrators shall be drawn from the same body of persons eligible to serve as panelists under 
Article  XX of the Agreement . Unless the Parties participating in the arbitration otherwise agree, 
the arbitrator shall consist of three persons.  
 
2. If the Parties participating in the arbitration c annot agree on an arbitrator within 20  days after 
referring the matter to arbitration, the Director -General shall appoint the arbitrator within 10  days, 
after consulting the Parties.  
 
3. The expression "arbitrator" shall be interpreted as referring either to an individual or a group.  
 
Procedures  
 
4. In its proceedings the arbitrator shall apply the relevant provisions of the Agreement . In 
addition, the following working procedures shall apply:  
 
(a) The arbitrator shall meet in closed session . The Parties to the arbitration shall be present 
at the meetings  only when invited by the arbitrators to appear before them.  
 
(b) Before the substantive meeting of the arbitrator with the Parties, the Parties to the 
arbitration shall transmit  to the arbitrat or written submissions in which they present the 
facts of the case and their arguments.  
 
(c) The deliberations of the arbitrator and the documents submitted shall be kept 
confidential . Nothing in these  Procedures shall preclude a Party to an arbitration fr om 
disclosing statements of its own positions to the public . Parties shall treat as confidential 
information submitted by another Party to the arbitrator which that Party has designated 
as confidential . Where a Party to the arbitration submits a confidenti al version of its 
written submissions to the arbitrator, it shall also, upon request of a Party, provide a 
non-confidential summary of the information contained in its submissions that could be 
disclosed to the public.  
 
(d) At its substantive meeting  with the Parties, the arbitrator shall ask the 
[modifying]US,JPN,CDA Party [which has requested arbitration]EC to present its case . 
Subsequently, and still at the same meeting, the [objecting]US,JPN,CDA Party [against 
which the arbitration has been brought]EC shall be asked to present its point of view.  
 
(e) The arbitrator shall provide all third parties the opportunity to be heard and to make 
written submissions . [To this effect they shall be invited to attend all substantive 
meetings with the Parties and to present oral and written submissions.]NOR 
 
(f) The arbitrator may at any time put questions to the Parties and ask them for 
explanations either in the course of a meeting with the Parties or in writing.  
 GPA/TN1994/3/Rev.16  
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  (g) The Parties to the arbitration  shall submit to t he arbitrator a written version of their oral 
statements.  
 
(h) In the interest of full transparency , the presentations, rebuttals and statements shall 
be made in the presence of the parties . Moreover, each Party's written submissions, 
including any respons es to questions put by the arbitrator, shall be made available to 
the other Party or Parties.  
 
(i) The Rules of Conduct for the Understanding on Rules and Procedures Governing the 
Settlement of Disputes  shall apply [to each arbitrator] [to each person serv ing] [as an 
arbitrator] [on an arbitral panel] under Article  XIX and, as specified in the Rules of 
Conduct  and the relevant provisions of the Staff Regulations, to those members of the 
Secretariat called upon to assist the arbitrator.  
 
(j) The arbitrator m ay seek information from any relevant source and may consult experts 
to obtain their opinion on certain aspects of the matter . The arbitrator shall inform the 
Parties to the arbitration of any consultations with experts.  
 
(k) Any additional procedures  specific to the arbitration shall be determined by the 
arbitrator in consultation with the Parties to the arbitration.  
 
Proposed Timetable for Arbitration  
 
5. If the Parties participating in the arbitration are unable to agree on a timetable for the 
arbitratio n within 10  days after the appointment of the arbitrator, the following timetable shall 
apply1: 
 
(a) Receipt of first written  submissions of the Parties:  
 
(1) [requesting]EC [modifying]US,JPN,CDA Party: ----------  2 weeks  
 
(2) [responding]EC [objecting]US,JPN,CDA Party: ----------  2 weeks  
 
[(b) Receipt of third Party submissions:    ----------  1 week]US,EC,JPN 
 
(b/c) Meeting with the Parties:     ----------  1-2 weeks  
 
(c/d) Replies to questions :     ----------  1-3 weeks  
 
(d/e) Receipt of written  rebuttals of the Parties:    ----------  1-2 weeks  
 
(e/f) Issuance and circulation  of the arbitrator's report:  ----------  4-6 weeks  
 
The above calendar may be changed in the light of unforeseen developments . Additional meetings 
with the Pa rties shall be scheduled if required.  
__________  
 
1 [Negotiator's note:  The entire Article  XVII process normally would take a maximum of 331 days 
(i.e. about 47 weeks or 11 months):  45 days to object to proposed modification;  120 days to consult; 20  days 
to choose an arbitrator;  10 days for the Director -General to appoint an arbitrator;  10 days for parties to 
discuss, and possibly agree on, a timetable;  126 days for the arbitration (from first submission to issuance and 
circulation of report).]