WTO政府采购协定Government Procurement Agreement.docx

1、WTO政府采购协定Government Procurement Agreement政府采购协定AGREEMENT ON GOVERNMENT PROCUREMENT1994-4-15 0:0 来源：法律教育网【大中小】【我要纠错】发布日期：1994-4-15执行日期：1994-4-15Parties to this Agreement (hereinafter referred to as Parties),Recognizing the need for an effective multilateral framework of rights and obligations with re

2、spect to laws, regulations, procedures and practices regarding government procurement with a view to achieving greater liberalization and expansion of world trade and improving the international framework for the conduct of world trade;Recognizing that laws, regulations, procedures and practices reg

3、arding government procurement should not be prepared, adopted or applied to foreign or domestic products and services and to foreign or domestic suppliers so as to afford protection to domestic products or services or domestic suppliers and should not discriminate among foreign products or services

4、or among foreign suppliers;Recognizing that it is desirable to provide transparency of laws, regulations, procedures and practices regarding government procurement;Recognizing the need to establish international procedures on notification, consultation, surveillance and dispute settlement with a vie

5、w to ensuring a fair, prompt and effective enforcement of the international provisions on government procurement and to maintain the balance of rights and obligations at the highest possible level;Recognizing the need to take into account the development, financial and trade needs of developing coun

6、tries, in particular the least-developed countries;Desiring, in accordance with paragraph 6(b) of Article IX of the Agreement on Government Procurement done on 12 April 1979, as amended on 2 February 1987, to broaden and improve the Agreement on the basis of mutual reciprocity and to expand the cove

7、rage of the Agreement to include service contracts;Desiring to encourage acceptance of and accession to this Agreement by governments not party to it;Having undertaken further negotiations in pursuance of these objectives;Hereby agree as follows:Article IScope and Coverage1.This Agreement applies to

8、 any law, regulation, procedure or practice regarding any procurement by entities covered by this Agreement, as specified in Appendix I.2.This Agreement applies to procurement by any contractual means, including through such methods as purchase or as lease, rental or hire purchase, with or without a

9、n option to buy, including any combination of products and services.3.Where entities, in the context of procurement covered under this Agreement, require enterprises not included in Appendix I to award contracts in accordance with particular requirements, Article III shall apply mutatis mutandis to

10、such requirements.4.This Agreement applies to any procurement contract of a value of not less than the relevant threshold specified in Appendix I.Article IIValuation of Contracts1.The following provisions shall apply in determining the value of contracts for purposes of implementing this Agreement.2

11、.Valuation shall take into account all forms of remuneration, including any premiums, fees, commissions and interest receivable.3.The selection of the valuation method by the entity shall not be used, nor shall any procurement requirement be divided, with the intention of avoiding the application of

12、 this Agreement.4.If an individual requirement for a procurement results in the award of more than one contract, or in contracts being awarded in separate parts, the basis for valuation shall be either:(a)the actual value of similar recurring contracts concluded over the previous fiscal year or 12 m

13、onths adjusted, where possible, for anticipated changes in quantity and value over the subsequent 12 months; or(b)the estimated value of recurring contracts in the fiscal year or 12 months subsequent to the initial contract.5.In cases of contracts for the lease, rental or hire purchase of products o

14、r services, or in the case of contracts which do not specify a total price, the basis for valuation shall be:(a)in the case of fixed-term contracts, where their term is 12 months or less, the total contract value for their duration, or, where their term exceeds 12 months, their total value including

15、 the estimated residual value;(b)in the case of contracts for an indefinite period, the monthly instalment multiplied by 48.If there is any doubt, the second basis for valuation, namely (b), is to be used.6.In cases where an intended procurement specifies the need for option clauses, the basis for v

16、aluation shall be the total value of the maximum permissible procurement, inclusive of optional purchases.Article IIINational Treatment and Non-discrimination1.With respect to all laws, regulations, procedures and practices regarding government procurement covered by this Agreement, each Party shall

17、 provide immediately and unconditionally to the products, services and suppliers of other Parties offering products or services of the Parties, treatment no less favourable than:(a)that accorded to domestic products, services and suppliers; and(b)that accorded to products, services and suppliers of

18、any other Party.2.With respect to all laws, regulations, procedures and practices regarding government procurement covered by this Agreement, each Party shall ensure:(a)that its entities shall not treat a locally-established supplier less favourably than another locally-established supplier on the b

19、asis of degree of foreign affiliation or ownership; and(b)that its entities shall not discriminate against locally-established suppliers on the basis of the country of production of the good or service being supplied, provided that the country of production is a Party to the Agreement in accordance

20、with the provisions of Article IV.3.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 charges, other import regulations and formalities, and measures affecting trade in se

21、rvices other than laws, regulations, procedures and practices regarding government procurement covered by this Agreement.Article IVRules of Origin1.A Party shall not apply rules of origin to products or services imported or supplied for purposes of government procurement covered by this Agreement fr

22、om other Parties, which are different from the rules of origin applied in the normal course of trade and at the time of the transaction in question to imports or supplies of the same products or services from the same Parties.2.Following the conclusion of the work programme for the harmonization of

23、rules of origin for goods to be undertaken under the Agreement on Rules of Origin in Annex 1A of the Agreement Establishing the World Trade Organization (hereinafter referred to as WTO Agreement) and negotiations regarding trade in services, Parties shall take the results of that work programme and

24、those negotiations into account in amending paragraph 1 as appropriate.Article VSpecial and Differential Treatment for Developing CountriesObjectives1.Parties shall, in the implementation and administration of this Agreement, through the provisions set out in this Article, duly take into account the

25、 development, financial and trade needs of developing countries, in particular least-developed countries, in their need to:(a)safeguard their balance-of-payments position and ensure a level of reserves adequate for the implementation of programmes of economic development;(b)promote the establishment

26、 or development of domestic industries including the development of small-scale and cottage industries in rural or backward areas; and economic development of other sectors of the economy;(c)support industrial units so long as they are wholly or substantially dependent on government procurement; and

27、(d)encourage their economic development through regional or global arrangements among developing countries presented to the Ministerial Conference of the World Trade Organization (hereinafter referred to as the WTO) and not disapproved by it.2.Consistently with the provisions of this Agreement, each

28、 Party shall, in the preparation and application of laws, regulations and procedures affecting government procurement, facilitate increased imports from developing countries, bearing in mind the special problems of least-developed countries and of those countries at low stages of economic developmen

29、t.Coverage3.With a view to ensuring that developing countries are able to adhere to this Agreement on terms consistent with their development, financial and trade needs, the objectives listed in paragraph 1 shall be duly taken into account in the course of negotiations with respect to the procuremen

30、t of developing countries to be covered by the provisions of this Agreement. Developed countries, in the preparation of their coverage lists under the provisions of this Agreement, shall endeavour to include entities procuring products and services of export interest to developing countries.Agreed E

31、xclusions4.A developing country may negotiate with other participants in negotiations under this Agreement mutually acceptable exclusions from the rules on national treatment with respect to certain entities, products or services that are included in its coverage lists, having regard to the particul

32、ar circumstances of each case. In such negotiations, the considerations mentioned in subparagraphs 1(a) through 1(c) shall be duly taken into account. A developing country participating in regional or global arrangements among developing countries referred to in subparagraph 1(d) may also negotiate exclusions to its lists, having regard to the particular circumstances of each case, taking into account, inter alia, the provisions on government procurement provided for in the regional or global arrangements concerned and, in particular, products or services which may