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Provisions on Trade in Services in Trade and Integration Agreements in the Western Hemisphere


Part I: Sub-regional Trade and Integration Agreements
XV. Government Procurement

WTO/GATS
PART II, Article XIII - Government Procurement
Articles II (MFN Treatment), XVI (Market Access) and XVII (National Treatment) shall not apply to laws, regulations or requirements governing the procurement by governmental agencies of services purchased for governmental purposes and not with a view to commercial resale or with a view to use in the supply of services of commercial sale.

PART II, Article XIII - Government Procurement (Cont.)
There shall be multilateral negotiations on government procurement in services under this Agreement within two years from the entry into force of the Agreement Establishing the WTO.

NAFTA
Chapter Ten: Government Procurement
Article 1001 sets out the scope and coverage vis-a-vis the procurement of goods and services.

Annex 1001.1b-2: Services
Section A: General Provisions

1.This Chapter applies to all services that are procured by the entities listed in Annex 1001.1a-1 and Annex 1001.1a-2, subject to:
(a)Paragraph 3 and Section B (Excluded Coverage); and (b)Appendix 1001.1b-2-A (Temporary Schedule of Services), for the Parties specified in that Appendix.
2. Appendix 1001.1b-2-B sets out the Common Classification System for the services procured by the entities of the Parties. The Parties shall use this System for reporting purposes and shall update Appendix 1001.1b-2-B at such time as they mutually agree.
1. Annex 1001.1b-3 applies to contracts for construction services.

Annex 1001.1b-2 (Cont.)

Group of Three
Chapter XV: Government Procurement
Article 15-02 sets out the scope and coverage vis-a-vis the procurement of goods and services as well.

Annex 4 to Article 15-02: List of Services
Section A: General Provisions

1.This Chapter applies to all services that are procured by the entities listed in Annex 1 and 2 to Article 15-02.
2. The list of services set out in the Appendix to this Annex indicates services that are procured by the entities of the Parties. The Parties shall use this list of services for reporting purposes and shall update the Appendix to this Annex at such time as they mutually agree.
3.Annex 5 to Article 15-02 applies to contracts for construction services. Annex 4 to Article 15-02 (Cont.)

CACM
Not specified

CARICOM
Not specified

Andean Community
Not specified

Central America/Dominican Republic
Chapter X, Article 10-03: Scope of Application
With respect to the non-governmental organization cited in Article (4.b), engaged in the regulation, administration or other governmental functions delegated in accordance with the legislation of each Party, the central government shall take reasonable measures to ensure that the organizations comply with the provisions of this chapter.

Mercosur
Part II, Article XV: Public Contracting
Government Procurement: Articles III (MFN), IV (Market Access), and V (National Treatment) shall not apply to laws, regulations or requirements governing procurement by governmental agencies of services for governmental purposes and not with a view to commercial resale or with a view to use in the supply of services for commercial sale.

Recognizing that such laws, regulations, and requirements may have distortionary effects on the trade in services, the Parties agree to apply the common disciplines that will be established in MERCOSUR with respect to government procurement in general.

Bolivia/Mercosur
Not specified

Chile/Mercosur
Not specified

 
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