Government Procurement Agreement China

April 9, 2021

On March 30, 2012, the parties to the GPA adopted a review of the GPA. The revised agreement expands the markets covered by the GPA to provide U.S. products, services and suppliers with new opportunities to participate in centralized and sub-centralized procurement in other GPA parties. The revised agreement also provides for a substantial improvement in the text of the treaty by modernising the text to take into account current procurement practices and to clarify its commitments. The revised agreement came into force on 6 April 2014 following the tabling of the acceptance instrument by ten parties, two thirds of the parties to the agreement on that date. Since March 2019, Switzerland is the only member country of the GPA to have yet to table its instruments of acceptance and, as such, US commitments to Switzerland are defined in the 1994 GPA. [8] The full text of the implementing regulation (January 11, 2010) can be found on the website of the Legislative Office of the State Council at www.chinalaw.gov.cn/article/cazjgg/201001/201001000193904.shtml. The international intergovernmental organizations that have been granted observer status on the AMP committee Currently, 48 WTO members (including the EU and its 28 member states) are bound by the agreement. Australia is the youngest member to join the agreement in early 2019. The GPA aims to open public procurement markets to foreign competition, to a reciprocal extent and to the extent agreed among WTO members, and to make public procurement more transparent.

It provides legal guarantees for non-discrimination of the products, services and suppliers of the parties to the GPA in covered purchasing activities, which currently represent an estimated value of $1.7 trillion per year. The accession process begins with the submission of an application for membership and has two main aspects: negotiations between the member member and the parties to the GPA on the offer of coverage of the GPA and the verification of the compliance of the member`s contracting rules with the requirements of the GPA, for example in terms of transparency, procedural fairness for suppliers and national control. GPA membership is limited to WTO members who have specifically signed or subsequently joined the GPA. WTO members are not required to join the GPA, but the United States urges all WTO members to participate in this important agreement. Several countries, including China, Russia and the Kyrgyz Republic, are negotiating GPA membership. The WTO Public Procurement Agreement is a “multilateral” agreement that means it applies to a number of WTO members, but not all members. The LPG requires that public procurement come from national sources, with exceptions. Article 10 of the LPG stipulates that national goods, projects and services must be used for public procurement, except in the following circumstances: the proposed revision would remove major infrastructure, utilities and other projects affecting public interests and public safety from the obligation to tender under the TBL. If these projects are removed from the TBL, they should be submitted to the LPG if implemented by agencies close to the government. Two types of projects would continue to be the subject of the TBL`s tender: projects invested in whole or in part by public or state-funded funds, and those that use loans or aid from international organizations or foreign governments. On 26 May 2009, the Chinese authorities issued a circular on strengthening state oversight of tenders and bids related to projects invested by the State (Circular).

[29] The circular orders the purchase of domestic products in projects invested by the state.

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