20 Apr World Trade Organization Agreement on Government Procurement (Wto-Agp)
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(2) This restriction does not apply to the purchase of supplies by the Ministry of Defence from a country with which it has entered into a reciprocal agreement, as provided for in the regulations of the Ministry. In order to ensure an open, fair and transparent playing field in government procurement, several WTO Members have negotiated the Agreement on Government Procurement (GPA). If a signatory Government considers that its rights under this Agreement are nullified or affected by another Signatory, it may request the opening of WTO dispute settlement proceedings to resolve the matter. The WTO dispute settlement procedure is described in the Exporter`s Guide to the WTO Dispute Settlement Agreement. The Tender Review Body is a body established by States Parties to enable suppliers to challenge irregular government tenders.  These bodies are independent and strive to deal with each case promptly. The Review Panel also has the power to recommend prompt interim measures, which may be recommended in the following days if a Review Panel finds prima facie evidence of a challenge to tender.  Accession to the GPA is limited to WTO Members that have expressly signed or subsequently acceded to the GPA. WTO members are not required to join the GPA, but the United States strongly encourages all WTO members to participate in this important agreement. Several countries, including China, Russia and the Kyrgyz Republic, are currently negotiating their accession to the GPA. The accession process begins with the submission of an application for membership and has two main aspects: negotiations between the adhering member and the parties to the GPA on the offer of coverage of the former and verification that the procurement rules of the adhering member comply with the requirements of the GPA – for example, in terms of transparency, procedural fairness for suppliers and internal review.
The agreement was revised in March 2012 and also expands the supply it covers. It entered into force on 6 April 2014 after the acceptance threshold for two-thirds of the parties was reached on 7 March 2014. It has no expiration date. The World Trade Organization (WTO) Agreement on Government Procurement, commonly known as the GPA, establishes a framework of government procurement rights and obligations among WTO Members that have signed it. The signatories agreed that suppliers of goods and services in other signatory States will not be treated less favourably than domestic suppliers in government procurement covered by the agreement and that their laws, regulations and procedures relating to government procurement will be transparent and fair. Any enterprise from a signatory country wishing to sell goods or services covered by the GPA to a procuring entity from another signatory country listed in Annex I to the GPA may benefit from this Agreement. The World Trade Organization estimates that the value of the government procurement opportunities covered by the agreement amounts to hundreds of billions of dollars per year. The fundamental objective of the GPA is the mutual opening of public procurement between its parties. Following several rounds of negotiations, the GPA parties have opened procurement activities worth an estimated $1.7 trillion each year to international competition (i.e., to suppliers of GPA parties offering goods, services or construction services). The following WTO Members are parties to the 1994 Agreement: Many procurement opportunities are also published electronically. Signatories to the GPA are required to publish summary notices on procurement opportunities for contracts covered by the agreement.
Each member has identified publications in which these opportunities are published. The publications are listed in Annex II (off-site link). Yes. If you are having difficulty selling goods or services to a signatory government`s procurement entities because that government has not complied with this agreement, contact the U.S. Department of Commerce`s Trade Agreement Negotiations and Compliance Hotline. The Center can help you understand your rights under this Agreement and may notify the appropriate U.S. government officials to help you resolve your issue. The U.S. government may, if necessary, discuss the particular facts of your situation with the government of the other country concerned and ask officials of that government to look into the matter. As a last resort, the U.S. government can rely on the WTO dispute settlement procedure.
The current signatories of this agreement (as of April 2014) are: Armenia, Canada, Chinese Taipei, the European Union – whose Member States are Austria, Belgium, Croatia, Cyprus, the Czech Republic, Denmark, Estonia, Finland, Germany, France, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands (including Aruba), Poland, Portugal, Slovakia, Slovenia, Sweden and the United Kingdom – Hong Kong, Iceland, Israel, Japan, Norway, South Korea, Liechtenstein, Singapore, Switzerland and the United States. Any other government that is a member of the WTO may accede to this Agreement on the terms agreed between that government and the current signatories. As a result, the first agreement on government procurement (the Tokyo Round Government Procurement Code) was signed in 1979 and entered into force in 1981. It was amended in 1987 and entered into force in 1988. Subsequently, in parallel with the Uruguay Round, the parties conducted negotiations on the extension of the scope and scope of the Agreement. Finally, on 15 April 1994, a new Agreement on Government Procurement (GPA 1994) was signed in Marrakesh at the same time as the Agreement Establishing the WTO, which entered into force on 1 January 1996. The WTO Secretariat provides technical assistance to help WTO Members from interested developing countries learn more about the GPA and/or join the GPA. Where appropriate and at the request of candidate countries, other intergovernmental organisations (e.B regional development banks) or governance-oriented institutions may also provide technical assistance for accession to the GPA. For the full text of the revised GPA and the new annexes setting out the procurements covered by all GPA Parties, see GPA-113.
International intergovernmental organizations grant observer status in the GPA Committee The revised GPA, which entered into force on 6 April 2014, is attracting increasing global attention, but the liberalisation of public procurement is not a completely new idea. Within the framework of the OECD, efforts have been made at an early stage to place government procurement within the framework of internationally agreed trade rules. The issue was then incorporated into the trade negotiations of the GATT Tokyo Round in 1976. The Agreement on Government Procurement (GPA) is a plurilateral agreement under the auspices of the World Trade Organization (WTO) that regulates the purchase of goods and services by the authorities of the Parties to the Agreement on the basis of the principles of openness, transparency and non-discrimination. In accordance with Article V of the revised GPA, special and differential treatment for developing countries in the form of transitional measures such as offsets, preferential price programmes, initially higher thresholds and the gradual introduction of facilities may be negotiated by a developing country in the accession process, subject to the agreement of the other Parties and the development needs of the acceding Member. .