WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIORESTRICTED 
GPA/O/USA/1 
23 December 2004 
 (04-5658) 
Committee on Government Procurement Original:   English/ 
 anglais/  inglés 
 
 
 
NEGOTIATIONS ON EXTENSION OF COVERAGE AND ELIMINATION OF  
DISCRIMINATORY MEASURES AND PRACTICES PURSUANT TO  
ARTICLE XXIV:7(b) AND (c) OF THE AGREEMENT  
ON GOVERNMENT PROCUREMENT 
 
Communication from the United States
1 
  
 The following communication, dated 20 December 2004, is being circulated at the request of 
the Delegation of the United States. 
 
 
Comité des marchés publics  
  
NÉGOCIATIONS SUR L'EXTENSION DE LA PORTÉE DE L'ACCORD ET 
L'ÉLIMINATION DES MESURES ET PRATIQUES DISCRIMINATOIRES  
AU TITRE DE L'ARTICLE XXIV: 7 b) ET c) DE L'ACCORD  
SUR LES MARCHÉS PUBLICS 
 
Communication des États-Unis
1 
 
 
 La communication ci-après, datée du 20 décembr e 2004, est distribuée à la demande de la 
délégation des États-Unis. 
 
 
Comité de Contratación Pública 
 
 
NEGOCIACIONES SOBRE LA AMPLIACIÓN DEL ÁMBITO DE APLICACIÓN  
Y LA ELIMINACIÓN DE LAS MEDIDAS Y PRÁCTICAS DISCRIMINATORIAS  
DE CONFORMIDAD CON LOS APARTADOS b) Y c) DEL PÁRRAFO 7 DEL  
ARTÍCULO XXIV DEL ACUERDO SOBRE CONTRATACIÓN PÚBLICA  
 
Comunicación de los Estados Unidos1 
   La siguiente comunicación, de fecha de 20 diciembre de 2004, se distribuye a petición de la delegación de los Estados Unidos.  
                                                      
1 In English only./En anglais seulement./En inglés solamente. GPA/O/USA/1 
Page 2  
 
 REQUESTS OF THE UNITED STATES RELATED TO THE ELIMINATION OF 
DISCRIMINATORY MEASURES AND EXPANSION OF COVERAGE UNDER 
THE WTO AGREEMENT ON GOVERNMENT PROCUREMENT 
  
Generic Requests:   
 
 With respect to the structuring of the Appendices,  the United States requests that all Parties:  
 
1. Include a Goods Annex that would be comparab le to the Services Annex in the Parties’ 
Appendices, and would state that all goods procur ed by the listed entities are covered by the 
Agreement, except for any goods listed in the Anne x.  This would require a renumbering of the 
Annexes;  2. Convert the Party’s positive list of covered servi ces in Annex 4 to a negative list, and state 
that all services procured by the listed entities are covered by the Agreement,  except for the services 
listed in the Annex;   3. Convert the Party’s positive list of covered construction services in Annex 5 to a negative 
list, and state that all construction services proc ured by the listed entities are covered by the 
Agreement, except for the constructi on services listed in the Annex; and 
 4. Move exclusions that relate to a specific A nnex from the General Notes to the relevant 
Annex.  
 
Specific Requests of Other Parties:   
 
 In addition to the generic requests, the United States requests the elimination of 
discriminatory measures and the expansion of c overage under the WTO Agreement on Government 
Procurement, as set specified in this document for each Party. 
 
 The United States reserves the right to make additional requests. 
  GPA/O/USA/1 
 Page 3 
 
 
 Initial U.S. Request to CANADA 
 
 
 The United States requests that Canada eliminate discriminatory measures and expand its coverage under the WTO Agreement on Government Procurement as follows: 
 
Annex 1 – Central Government Entities 
 
1. Convert the positive list of products purchased by  the Department of Defense, Coast Guard, 
and the Royal Canadian Mounted Police to a negative list indicating the products that are not covered. 
 
Annex 2 – Sub-Central Entities 
 
2. Expand coverage by adding all the Canadian provinces.   
 
Annex 3 – Other Entities 
 
3. Expand coverage by adding all provincial hydro utilities.  
 
Annex 4 – Services 
 
4. Significantly expand the covera ge of services to include, at least, the following additional 
services: 
 
611 Sale, maintenance and repair of motor vehicles – repair only 864 Market research and public opinion polling services 
887 Services incidental to energy distribution 
924 Adult education services 929 Other education services 9312 Medical and dental services 871 Advertising services 864 Market research and public opinion polling services 
9611 Motion picture and video tape production and distribution services 
921 Primary education services 922 Secondary education services 923 Higher education services 7472 Tourist guide services  
 GPA/O/USA/1 
Page 4  
 
 Initial U.S. Request to the EUROPEAN COMMUNITIES 
 
 
 The United States requests that  the European Communities elim inate discriminatory measures 
and expand its coverage under the WTO Agreem ent on Government Procurement as follows: 
 
Annex 1 – Central Government Entities 
 
1. Expand coverage by including the following entities: 
 
European Communities:  
 
 European Central Bank 
 European Investment Bank 
 European Centre for the Development of Vocational Training 
 European Foundation for the Improvement  of Living and Working Conditions 
 European Environment Agency 
 European Training Foundation 
 European Monitoring Centre for Drugs and Drug Addiction 
 European Agency for the Evaluation of Medicinal Products 
 Office for Harmonisation in the Internal Market 
 European Agency for Safety and Health at Work 
 Community Plant Variety Office 
 Translation Centre for the B odies of the European Union 
 European Agency for Reconstruction 
 European Food Safety Authority 
 European Maritime Safety Agency 
 European Network and Information Security Agency 
 European Monitoring Centre for Racism and Xenophobia 
 
Estonia:  Institute for Health Development (Tervisearengu Instituut) 
Malta:  Ministry for Urban Development and Roads 
Poland:  Agencja Rozwoju Przemyslu (Agency for Industrial Development) 
 
2. With regard to the "List of Supplies and E quipment Purchased by Ministries of Defense," 
convert the positive list of products purchased by th e Ministries of Defense to a negative list 
indicating the products that are not covered. 
 
Annex 3 – Other Entities 
 
3. List the specific entities covered by Annex 3, rather than using descriptions of the entities 
covered under the Annex. 
 
Annex 4 – Services 
 
4. Significantly expand the coverage of services to  include, at least, the following additional 
services:   
 
611 Sale, maintenance, and repair of motor vehicles 64 Hotel and restaurant services 641 Hotel and other lodging services   GPA/O/USA/1 
 Page 5 
 
 
 7471 Travel agencies and tour operators services 
7472 Tourist guide services 7524 Programme transmission services 753 Radio and television cable services 821 Real estate services involving own or leased property 
831 Leasing or rental services concerning machinery and equipment without operator 
842 Software implementation services 843(b) On-line information and/or data processing (incl. transaction processing) 861 Legal services 863 Taxation services 
8675 Related scientific and consulting services 
872 Placement and supply services of personnel 873 Investigation and security services 
87302 Security consultation services 87303 Alarm monitoring services 
87305 Guard services 
87309 Other security services 
891 Financial assets and liabilities 92 Education services 
923 Higher education services 924 Adult education services 
929 Other education services 
93 Health and social services 933 Social Services 9311 Hospital services 9312 Medical and dental services 
9319 Other human health services 
93191 Services provided by midwives, nurses, phys iotherapists and para-medical personnel 
96 Recreational, cultural and sporting service 961 Motion picture, radio, and television and other entertainment services 9611 Motion picture and video tape production and distribution services 
9619 Entertainment services (including theater, live bands and circus services) 
963 Library, archive, museum and other cultural services 
964 Sporting and other recreational services 990 Services provided by extraterritorial organizations and bodies 
 
General Notes 
 
5. Remove the following from Note 1: "The EC will  not extend the benefits of this Agreement . . 
. as regards the award of contracts, other than fo r supplies, listed in Annex 2 to the suppliers and 
service providers of the USA." 
6. Remove the following restriction from Note 8:  "This Agreement shall not be applicable to 
contracts for the acquisition, development, produc tion or co-production of programme material by 
broadcasters and contracts for broadcasting time." GPA/O/USA/1 
Page 6  
 
 Initial U.S. Request to HONG KONG, CHINA  
 
  The United States requests that Hong Kong, China eliminate discriminatory measures and expand its coverage under the WTO Agreemen t on Government Procurement as follows: 
 
Annex 4 – Services 
 
1. Expand the coverage of services to include, at least, the following services: 
 
7522 Business network services  
841  Consultancy services related to th e installation of computer hardware 
842  Software implementation services 861  Legal services 862  Accounting, auditing and bookkeeping services 
863  Taxation services 
865  Management consulting services 866  Services related to management consulting 867  Architectural, engineering and other technical services 887  Services incidental to energy distribution 891  Financial assets and liabilities 
924  Adult education services 
929  Other education services 9404 Cleaning services of exhaust gases 9405 Noise abatement services 9409 Other environmental protection services n.e.c. 
 General Notes 
 
2. Remove the following restriction in Note 1 that the Agreement does not apply to "all 
consultancy and franch ise arrangements." 
  GPA/O/USA/1 
 Page 7 
 
 
 Initial U.S. Request to ICELAND  
 
  The United States requests that Iceland eliminate discriminatory measures and expand its coverage under the WTO Agreement on Government Procurement as follows: 
 
Annex 3 – Other Entities 
 
1. For the Ports sector, list the entities cove red under "Other entities operating pursuant to 
Hafnalög nr. 23/1994. " 
 
2. For the Water Supply sector, list all the entities that are covered.    
Annex 4 – Services 
 
3 Expand the coverage of services to include, at least, the following services: 
 
811 Financial intermediation services 872 Placement and supply services of personnel 885 Services incidental to the manufacture of  metal products, machinery, and equipment 
887 Services incidental to energy distribution 
924 Adult education services 
929 Other education services 961 Motion picture, radio, and television and other entertainment services  
General Notes: 
 
4. Remove the following restriction from Note 1:  "Iceland will not extend the benefits of this 
Agreement as regards the award of contracts, other th an for supplies, listed in Annex 2 to the suppliers 
and service providers of the USA."  
5. Remove the restriction portion in Note 6 that  the Agreement will not apply to "contracts for 
the acquisition, development, production or co-produ ction of programme materi al by broadcasters and 
contracts for broadcasting time." GPA/O/USA/1 
Page 8  
 
 Initial U.S. Request to ISRAEL 
 
 
 The United States requests that Israel eliminate discriminatory measures and expand its coverage under the WTO Agreement on Government Procurement as follows: 
 
Annex 1 – Central Government Entities 
 
1. With respect to Note to Annex 1, remove the list of Excepted Products for the Ministry of 
Health. 
 
2. Expand coverage by adding the Ministry of Defense   3. Reduce threshold for Construc tion Services to 5,000,000 SDRs. 
 
Annex 3 – Other Entities 
 
4. Expand by adding the Ports Authority.  5. Reduce the threshold for construction services to 5,000,000 SDRs.  
6. Remove the exclusion of the procurement of cables in Note 1 of Notes to Annex 3. 
  7. Remove the exclusions in Note 2( a) of Notes to Annex 3, and cover  cables (H.S. 8544), 
electro-mechanic meters (ex. H. S. 9028), transformers (H.S. 85 04), disconnectors and switchers 
(H.S. 8535-8537), and electric motors  (H.S. 8501) under the Agreement. 
 
8. Expand Note 2b to apply to the United States (p rocurement by entities operating in the field 
of urban transport, except those operating in the field of bus services).  
Annex 4 – Services 
 
9. Significantly expand the coverage of services to include, at least, the addition of the following 
services:  
844 Data base services 845 Maintenance and repair services of office machinery and equipment including 
computers 
849 Other computer services 862 Accounting, auditing and bookkeeping services 887 Services incidental to energy distribution 924 Adult education services 929 Other education services 
9409 Other environmental protection services n.e.c. 
 
Annex 5 – Construction Services 
 
10. Reduce the threshold for construction ser vices to 5,000,000 SDRs for all construction 
services. 
 
NOTE - Offset 
 
11. Delete the Note and eliminate all offsets.  GPA/O/USA/1 
 Page 9 
 
 
 Initial U.S. Request to JAPAN 
 
  The United States requests that Japan eliminate discriminatory measures and expand its coverage under the WTO Agreement on Government Procurement as follows: 
 
Annex 1 – Central Government Entities 
 
1.  Reduce the threshold for architectural, engineering and other technical services related to 
construction services to 130,000 SDRs. 
 
2. Expand coverage by adding the Japan Aerospace Exploration Agency 
 
Annex 2- Sub-central Entities 
 
3. Expand coverage by adding Saitama-City. 
 4. Reduce the threshold for architectural, engineering and other technical services related to 
construction services to 200,000 SDRs.  5. Reduce the threshold for construction services to 5,000,000 SDRs. 
 
Annex 3 – Other Entities 
 
6. Reduce the threshold for constr uction services to 5,000,000 SDRs. 
 
7. With respect to Notes to Annex 3, remove Note 4(g) (Procurement of the services specified in 
Annex 4, other than construction services, is not included). 
 
Annex 4 – Services 
 
8. Significantly expand the covera ge of services to include, at least, the following additional 
services:   
 
7471 Travel agencies and tour operators services 7472 Tourist guide services 861 Legal services 
862 Accounting, auditing and bookkeeping services 
863 Taxation services 865 Management consulting services 866 Services related to management consulting 887 Services incidental to energy distribution 921 Primary education services 
922 Secondary education services 
923 Higher education services 924 Adult education services 929 Other education services 9311 Hospital services 
9312 Medical and dental services 
9611 Motion picture and video tape production and distribution services 
 
9. With respect to the Notes to Annex 4, de lete all the exceptions listed in Note 3.  
 GPA/O/USA/1 
Page 10  
 
 Annex 5- Construction Services 
 
10. Reduce the thresholds for construction services in Annex 2 and "for all other entities in Group 
A in Annex 3" to 5,000,000 SDRs.  GPA/O/USA/1 
 Page 11 
 
 
 Initial U.S. Request to KOREA  
 
  The United States requests that Korea eliminate discriminatory measures and expand its coverage under the WTO Agreement on Government Procurement as follows: 
 
Annex 1 – Central Government Entities 
 
1. Add the following entities: 
 
 Office of the President (Blue House) 
 Fair Trade Commission  
 Small & Medium Business Commission  
 Democratic Peaceful Unification Commission  
 People’s Complaints Handling Commission 
 Strategic Planning Commission 
 Youth Protection Commission 
 
2. Remove Note 4 regarding satellite purchases, as it is no longer valid. 
 
3. Convert the positive list of products purchased by the Ministry of National Defense to a 
negative list indicating the products that are not covered. 
 
Annex 2 – Sub-Central Entities 
 
4. Add the regional capitals, including Ulsan, Choo ncheon, Jeonju, Cheonju, Suwon, and Cheju. 
 
5. Remove Note 4 regarding satellite purchases, as it is no longer valid. 
 
Annex 3 – Other Entities 
 
6. Reduce the threshold for construction services to 5,000,000 SDRs. 
 
7. Add the following entities: 
 
 Pusan Port Management Corporation  
 Incheon International Airport Corporation  
 Korea Airport Corporation  
 Korea Broadcasting Corporation (KOBACO)  
 Korea Educational Broadcasting Corporation  
 
8. Remove Note 3 regarding satellite purchases, as it is no longer valid. 
 
Annex 4 – Services 
 
9. Expand the coverage of services to include the following services: 
 
611 Sale, Maintenance and repair of motor vehicles (Repair only) 
849 Other computer services 924 Adult education services 929 Other education services 
 GPA/O/USA/1 
Page 12  
 
 Annex 5 – Construction Services 
 
10. Reduce the threshold for the procurement of  all construction services by Annex 2 and Annex 
3 entities to 5,000,000 SDRs.  
11. Expand the coverage  of construction services to include CPC 518. 
  GPA/O/USA/1 
 Page 13 
 
 
 Initial U.S. Request to LIECHTENSTEIN  
 
  The United States requests that Liechtenstein  eliminate discriminatory measures and expand 
its coverage under the WTO Agreement on Government Procurement as follows: 
 
Annex 1 – Central Government Entities 
 
1. List the specific central government entities cove red under “Government of the Principality of 
Liechtenstein”. 
 
Annex 3 – Other Entities 
 
2. Confirm whether the four entities listed in the Annex are the only entities covered by 
Annex 3, and list any other entities that are also covered by that Annex. 
 
Annex 4 – Service 
 
3. Expand the coverage of services to include the following services: 
 
87305 Guard services 
924 Adult education services 
929 Other education services 962 News agency services 
 
4. Delete Note 5 of Notes to Annex 4 and apply the Agreement to the “acquisition, development, 
production or co-production of progr amme material by broadcasters and contracts for broadcasting 
time.” 
 
General Notes 
 
5. Remove the restriction in Note 1 that Anne x 2 entities will not extend the benefits of the 
Agreement to suppliers and services providers of the United States. 
 .  GPA/O/USA/1 
Page 14  
 
  Initial U.S. Request to the NETHERLANDS IN RESPECT OF ARUBA 
 
 
 The United States requests that the Netherlands in Respect of Aruba eliminate discriminatory 
measures and expand its coverage under the WT O Agreement on Government Procurement as 
follows: 
 
Annex 4 – Services 
 
1. Significantly expand the coverage of services to include, at least, the following services: 
 
611 Sale, maintenance, and repair of motor vehicles 633 Maintenance and repair of equipment 842 Software implementation services 843 Data processing services 
844 Database services 
845 Maintenance and repair services of office machinery and equipment including 
computers  
849 Other computer services 866 Services related to management consulting  867 Architectural, engineering and other technical services 
874 Building cleaning services 
7512 Courier services 886 Repair services incidental to me tal products, machinery and equipment 
887 Services incidental to energy distribution 924 Adult education services 
929 Other education services 
940 Sewage and refuse disposal, sanitation a nd other environmental protection services 
 
Annex 5 – Construction Services 
 
2. Expand the coverage of cons truction services to include the construction services in the 
following CPC categories:  
 
511 Pre-erection work at construction sites, 513 Construction work for civil engineering 514 Assembly and erection of prefabricated constructions 
515 Special trade construction work 
516 Installation work 517 Building completion and finishing work 518 Renting services related to equipment for construction or demolit ion of buildings or 
civil engineering works, with operator 
  GPA/O/USA/1 
 Page 15 
 
 
 Initial U.S. Request to NORWAY 
 
  The United States requests that Norway elim inate discriminatory measures and expand its 
coverage under the WTO Agreement on Government Procurement as follows: 
 Annex 2 – Sub-Central Entities 
 
1. With regard to the “Bodies governed by public  law, or associations formed by one or more 
such authorities or bodies governed by public la w,” indicate whether there are any other entities 
covered other than the six that are listed. 
 
Annex 3 – Other Entities 
 
2. List the specific entities covered under each of the categories.  
Annex 4 – Services 
 
3. Expand the coverage of services to include, at least, the following services:  
641 Hotel and lodging services 
747 Travel agency services 
861 Legal services  863 Tax services 87302 Security consultation services 87309 Other security services 
887 Services incidental to energy distribution 
924 Adult education services 929 Other education services 
 
General Notes 
 
4. Remove the restriction in Note 1 that Norw ay will not extend the benefits of the Agreement 
"as regards the award of contracts, other than fo r supplies, listed in Annex 2 to the suppliers and 
service providers of the USA."  5. Remove the following restriction from Note 6:   "contracts for the acquisition, development, 
production or co-production of progr amme material by broadcasters and contracts for broadcasting 
time."    6. Convert the list of products purchased by defe nse entities from a positive list to a negative list 
indicating the services that are not covered. GPA/O/USA/1 
Page 16  
 
 Initial U.S. Request to SINGAPORE 
 
 
 The United States requests that Singapore eliminate discriminatory measures and expand its 
coverage under the WTO Agreement on Government Procurement as follows: 
 Annex 4 – Services 
 
1. Expand the coverage of services to include, at least, the following services:  
 
611 Sale, maintenance and repair of motor vehicles 
633 Repair services of pe rsonal and household goods 
746 Supporting services for air transport 7522 Business network services 812 Insurance and pension fund services 
814 Services auxiliary to insurance and pension funding 
841  Consultancy services related to the installation of computer hardware  
8422 Systems analysis services 8423 Systems design services 8424 Programming services 8425 Systems maintenance services 
845 Maintenance and repair services of office machinery and equipment including 
computers 
849 Other computer services 864 Market research and Public opinion polling services  866 Services related to management consulting 
8673 Integrated engineering services 
8674 Urban planning and landscape architectural services 8675 Engineering and related scientif ic and technical consulting services 
8676 Technical testing and analysis services 887 Services incidental to energy distribution 924 Adult education services 
929 Other education services 
9632  Museum services including preservation services of historical sites and buildings 964 Sporting and other recreational services   GPA/O/USA/1 
 Page 17 
 
 
 Initial U.S. Request to  SWITZERLAND  
 
  The United States requests that Switzerland elim inate discriminatory measures and expand its 
coverage under the WTO Agreement on Government Procurement as follows: 
 
Annex 1 – Central Government Entities 
 
1. Expand coverage to include the following entities (or indicate whether they are already 
covered as subordinate entities of listed entities):  
 
 Direction des Ressources et du Reseau Extérieur    
 Swissmédic, Institut Suisse des produits thérapeutique 
 Office federal de l’Immigration, Intégration et de l’Emigration 
 Direction de la Politique de Sécurité  
 Groupement Défense  
 Forces térrestres  
 Forces aériennes  
 Groupement armasuisse  
 Office federal de la Prot ection de la Population  
 Commission de recours et questions de concurrence  
 Commission federal sur les accidents d’Aviation  
 
2. Convert the positive list of products purchased by the Ministry of Defense to a negative list 
indicating the products that are not covered. 
 
Annex 3 – Other Entities 
 
3. List the specific entities covered under Annex 3. 
 
 4. Expand coverage to include the following en tities (or indicate whether they are covered as 
subordinate entities of listed entities):  
Ecole polytechnique fédéra le de Lausanne (EPFL) 
Ecole technologique fédérale (ETH)  
Annex 4 – Services 
 
5. Expand the coverage of services to include the following services: 
 
924 Adult education services 
929 Other education services 
 
__________