1. This Agreement shall apply to any law, regulation, procedure or practice in respect of any procurement by the entities covered by this Agreement, as specified in Appendix I. ¹

2. This Agreement shall apply to contracts awarded by any contractual means, including in the form of purchase or in the form of lease, rental or hire-sale, with or without option of purchase, including any combination of Products and services.

3. In cases where entities, in respect of the contracts covered by this Agreement, require that undertakings not listed in Appendix I enter contracts in accordance with specific requirements, s. III will apply Mutatis mutandis To these requirements.

4. This Agreement shall apply to any procurement of a value not less than the threshold values specified in Appendix I that are of application.

1. The following provisions will apply in determining the value of contracts ¹ For the purpose of implementing this Agreement.

2. The evaluation shall take into account all forms of remuneration, including any premium, compensation or commission and any interest receivable.

3. The method of valuation shall not be chosen by the entity, and the quantities to be acquired shall in no case be split, with the intention of avoiding the application of this Agreement.

4. If the quantity to be acquired is such that more than one contract is entered into or contracts are entered into separate lots, the basis of the evaluation shall be:

(a)

The actual value of similar successive contracts in the preceding 12 months or year, corrected, if possible, to reflect the changes in quantity and value that would occur within the next 12 months;

(b)

The estimated value of successive contracts in the fiscal year or 12 months after the initial contract.

5. In the case of contracts for goods or services in the form of leasing, lease or hire-sale, or contracts that do not expressly provide a total price, the basis of the evaluation shall be as follows:

(a)

In the case of fixed term contracts, the total value of the contracts for their duration if it is less than or equal to 12 months, or their total value, including the estimated residual value, if their duration exceeds 12 months;

(b)

In the case of contracts of indefinite duration, the monthly instalment multiplied by 48.

In case of doubt, the second basis will be used, namely (b).

6. Where a proposed contract expressly provides for options, the basis of the assessment will be the total value of the maximum authorized market, including the options.

1. With respect to all laws, regulations, and all procurement procedures and practices covered by this Agreement, each Party shall accord immediately and unconditionally to the products and services of Other Parties and their suppliers offering these products or services, a treatment that will not be less favourable:

(a)

That accorded to domestic products, services and suppliers, or

(b)

That accorded to the goods and services of any other Party and their suppliers.

2. With respect to all laws, regulations, and all procurement procedures and practices covered by this Agreement, each Party shall ensure that:

(a)

That its entities do not grant a supplier established in the national territory less favourable treatment than that accorded to another supplier established in the national territory, depending on the degree of foreign control or participation; and

(b)

That its entities do not discriminate against suppliers established in the national territory according to the country of production of the product or service provided, provided that the country of production is a Party to the Agreement Pursuant to the provisions of s. IV.

3. The provisions of s. 1 and 2 shall not apply to customs duties and impositions of any kind levied on the importation or on the occasion of the importation, the manner in which such duties and charges are levied, or the other regulations and formalities of import, or Trade in services other than laws, regulations, procedures and practices relating to procurement covered by this Agreement.

1. A Party shall not apply, to imported products or services provided for the purposes of a procurement covered by this Agreement and from other Parties, rules of origin different from those that will apply, in transactions Imports of the same goods or supplies of the same services from the same Parties at the time of the transaction in question.

2. After the completion of the work programme for the harmonization of the rules of origin of the goods to be carried out under the Agreement on Rules of Origin contained in Annex 1A of the Agreement Establishing the World Trade Organization ¹ (hereinafter referred to as "WTO Agreement") And after the conclusion of the negotiations on trade in services, the Parties will take into account the results of this work programme and negotiations when amending s. 1 as appropriate.

Objectives

In the implementation and administration of this Agreement, the Parties shall take due account, through the implementation of the provisions of this Article, of the development, financial and trade needs of developing countries, and Least developed among them, considering the need for them to be:

(a)

Safeguard their balance of payments and ensure a sufficient volume of reserves for economic development programmes;

(b)

Promote the creation or development of domestic industries, including the development of small industries and cottage industries in rural or delayed areas, as well as the economic development of other sectors The economy;

(c)

To provide support to industrial establishments as long as they depend entirely or substantially on public procurement; and

(d)

Encourage their economic development through regional or global arrangements between developing countries, which have been submitted to the World Trade Organization Ministerial Conference (hereinafter referred to as the "WTO") And that it will not have disapproved.

2. In accordance with the provisions of this Agreement, each Party, when developing and implementing government procurement laws, regulations or procedures, will facilitate increased imports from developing countries, by Bearing in mind the special problems of the least developed countries and countries whose economic development is in its early stages.

Scope of application

With a view to ensuring that developing countries can accede to this Agreement on conditions consistent with the needs of their development, finances and trade, due regard shall be given to the objectives set out in the By. 1 in the course of the procurement negotiations of the developing countries to which the provisions of this Agreement apply. In establishing their lists of entities and services to which the provisions of this Agreement shall apply, the developed countries shall endeavour to include entities moving from contracts relating to goods and services to which the provisions of this Agreement apply. Export is of interest to developing countries.

Agreed Exceptions

A developing country may negotiate with the other participants in the negotiations within the framework of this Agreement mutually acceptable exceptions to the rules of national treatment, with regard to certain entities or products Or services included in its lists of subject entities and services, having regard to the particular circumstances of each case. In the course of these negotiations, due consideration will be given to the considerations mentioned in paras. 1 (a) to 1 (c). A developing country participating in regional or global arrangements between developing countries referred to in para. 1 (d) may also negotiate exceptions to its lists of subject entities and services, having regard to the particular circumstances of each case, taking into account, inter alia, the procurement provisions contained in the arrangements And, in particular, products or services that would be the subject of joint industrial development programmes.

5. After the entry into force of this Agreement, a developing country which is a Party may amend its lists of entities and services referred to in accordance with the provisions of s. 6 of the art. XXIV relating to the amendment of those lists, having regard to the needs of its development, finances and trade, or to request the Committee on Public Procurement (hereinafter referred to as the "Committee") to consent to exceptions to the rules of the National treatment in respect of certain entities or products or services included in its lists of subject entities and services, having regard to the particular circumstances of each case and with due regard to the provisions of paras. 1 (a) to 1 (c). After the entry into force of this Agreement, a developing country which is a Party may also request the Committee to consent to exceptions in respect of certain entities or products or services contained in its lists Of entities and services concerned, because of its participation in regional or global arrangements between developing countries, having regard to the particular circumstances of each case and with due regard to the provisions of para. 1 (d). Any request to the Committee by a developing country Party to the Agreement concerning the modification of a list shall be accompanied by relevant documentation and any information that may be necessary for the consideration of the matter.

6. The s. 4 and 5 will apply Mutatis mutandis Developing countries which will accede to this Agreement after its entry into force.

7. The agreed exceptions referred to in s. 4, 5 and 6 will be subject to review in accordance with the provisions of s. 14 below.

Technical assistance to developing countries Parties to the Agreement

8. Each developed country Party to this Agreement shall, upon request, provide all technical assistance that it deems appropriate for the developing countries Parties to the Agreement with a view to the solution of the problems of these countries in the field of public procurement.

This assistance, which will be provided on the basis of the principle of non-discrimination among developing countries Parties to the Agreement, will include:

-

On the solution of specific technical problems relating to the award of specified contracts; and

-

On any other problems that the requesting Party and another Party would agree to deal with as part of that assistance.

10. Technical assistance referred to in s. 8 and 9 may include the translation, in an official WTO language designated by the entity, of qualification documents and tenders from suppliers from developing countries Parties to the Agreement, unless the developed countries Parties to The Agreement does not consider translation to be too cumbersome a task; in this case, an explanation will be provided to the developing countries Parties to the Agreement that will apply to them either to the developed countries Parties to the Agreement or to their entities.

Information Centres

11. Developed country Parties to this Agreement shall establish, individually or jointly, information centres responsible for responding to reasonable requests for information from developing country Parties to the Agreement and concerning, Among other things, the laws, regulations, procedures and practices relating to public procurement, the notices relating to the proposed contracts which have been published, the addresses of the entities covered by this Agreement, and the nature and volume of the products or Services that have or will be the subject of a contract, including information Available on future tenders. The Committee will also be able to establish an information centre.

Special treatment for the least developed countries

12. Having regard to s. 6 of the Decision of the Contracting Parties of the GATT 1947 of 28 November 1979 on differential and more favourable treatment, reciprocity and the more complete participation of developing countries (IBDD, S26/223-225), a treatment Shall be granted to the least developed countries which are Parties to this Agreement and to suppliers established in those Parties, in respect of goods or services originating in those Parties, in the context of any general measures or Specific to developing country Parties to the Agreement. A Party may also grant the benefit of this Agreement to suppliers established in the least developed countries which are not Parties, in respect of goods or services originating in those countries.

Each developed country Party to this Agreement shall provide, upon request, the assistance it deems appropriate to potential bidders established in the least developed countries for the submission of their bids and the selection of products Or services that may be of interest to its entities as well as for suppliers established in the least developed countries, and will also assist them in complying with technical regulations and product standards, or Services that are the subject of the proposed contract.

Review

The Committee shall examine each year the application and effectiveness of the provisions of this Article and, on the basis of reports to be submitted by the Parties, shall conduct an in-depth review every three years in order to assess its effects. Within the framework of these triennial reviews, and with a view to achieving the widest possible implementation of the provisions of this Agreement, including in particular its art. III, and in view of the development, finance and trade situation of the developing countries concerned, the Committee will consider whether the exceptions provided for in accordance with the provisions of paras. 4 to 6 of this Article shall be amended or extended.

15. In the course of the new round of negotiations which will be initiated in accordance with the provisions of s. 7 of Art. XXIV, each developing country Party to this Agreement shall take into consideration the possibility of adding new entities and services to its lists, taking into account its economic, financial and commercial situation.

1. The technical specifications defining the characteristics of the products or services which will be the subject of a contract, such as quality, employment properties, safety and dimensions, symbols, terminology, packaging, Marking and labelling, or methods and methods of production, as well as the requirements for conformity assessment procedures defined by the contracting entities, shall not be established, adopted or applied for the purpose of creating Unnecessary obstacles to international trade, or in such a way that they Have this effect.

2. The technical specifications prescribed by the procuring entities shall be, if applicable,

(a)

Defined in terms of the employment properties of the product rather than its design or descriptive characteristics; and

(b)

Based on international standards, where available, if not on national technical regulations ¹ , recognized national standards ² Or building codes.

(3) It shall not be required or mentioned of trademarks or trade names, patents, models or particular types, or of any particular origin or producer or supplier, unless there is no other means Sufficiently precise or intelligible to describe the terms of the contract and the condition that terms such as "or equivalent" are included in the tender documentation.

4. Entities shall not solicit or accept, in a manner that would have the effect of precluding competition, an opinion that may be used to establish specifications for a particular market, on the part of a company that may Have a commercial interest in the market.

Each Party shall ensure that the tendering procedures followed by its entities are applied in a non-discriminatory manner and are in conformity with the provisions of Art. VII to XVI.

2. Entities shall not provide a supplier with information concerning a particular market in a manner which would have the effect of preventing competition.

3. For the purposes of this Agreement:

(a)

The open bidding process is the process by which all interested suppliers can bid.

(b)

The selective tendering procedure is that according to par. 3 of Art. X and other relevant provisions of this Agreement, suppliers allowed to bid shall be those who are invited to do so by the entity.

(c)

The limited tendering procedure is that the entity is directed to individual suppliers, in the sole circumstances set out in s. XV.

In the qualification of suppliers, entities shall not discriminate between suppliers of other Parties or between domestic suppliers and suppliers of other Parties. Qualification procedures shall be in accordance with the following provisions:

(a)

The conditions for participation in the tender procedures will be published in due time to enable interested suppliers to engage and, to the extent that this is compatible with the efficient functioning of the procurement mechanism Contracts, to complete the qualification procedures;

(b)

The conditions for participation in the tender procedures will be limited to those necessary to ensure that the undertaking is capable of carrying out the contract in question. The conditions of participation imposed on suppliers, including financial guarantees, technical qualifications and information necessary to establish their financial, commercial and technical capacity, as well as the verification of Qualifications, will not be less favourable to suppliers from other Parties than to domestic suppliers and will not discriminate between suppliers of other Parties. The financial, commercial and technical capacity of a supplier shall be judged both on the basis of its overall commercial activity and on the basis of its activity in the territory of the procuring entity, taking due account of the legal links between the Supplier organizations;

(c)

The supplier qualification procedure and the time required to do so will not be used to remove suppliers from other Parties from a list of suppliers or prevent them from being considered on the occasion of a contract Particular consideration. Entities shall recognize as qualified suppliers the domestic suppliers or suppliers of other Parties who will fulfil the conditions of participation provided for in a particular market. Suppliers who request a bid for a particular proposed contract, and who are not yet qualified, will also be considered on the condition that the qualification procedures can be completed in a timely manner;

(d)

Entities that maintain permanent lists of qualified suppliers will ensure that suppliers are able to apply at all times to be qualified and that all qualified suppliers who request them are included on these lists Within a reasonable period of time;

(e)

If, after the publication of the notice referred to in s. 1 of the art. IX, a supplier that is not yet qualified to be able to bid on a proposed contract, the entity will promptly initiate the qualification procedure;

(f)

Any supplier who has applied to become a qualified supplier will be notified by the entities concerned of the decision taken on this matter. Qualified suppliers who have been placed on a permanent list by entities will also be informed of the cancellation of the list or their exclusion;

(g)

Each Party shall ensure that:

(i)

Each entity and its different departments follow a single qualification procedure, except in cases where the need to follow a different procedure is duly established;

(ii)

Efforts are being made to minimize differences in qualification procedures between entities;

(h)

No provisions of paras. (a) to (g) shall not prevent the exclusion of a supplier on grounds such as bankruptcy or false declarations, provided that such measure is compatible with the provisions of this Agreement relating to national treatment and Non-discrimination.

1. In accordance with paras. 2 and 3, the entities shall issue an invitation to tender for all the contracts envisaged, unless otherwise provided for in Art. XV (limited tendering). This notice will appear in the appropriate publication listed in Appendix II.

2. The invitation to tender may take the form of a contract notice, as described in par. 6.

3. The entities listed in Schedules 2 and 3 may use for the solicitation a scheduled contract notice, as described in par. 7, or an opinion concerning a qualification system, described in par. 9.

4. Entities that use the invitation to tender a scheduled contract notice will then invite all suppliers who have expressed an interest to confirm it on the basis of information that will include at least those who are Listed in par. 6.

5. Entities which use the invitation to tender an opinion on a qualification system shall provide, subject to the considerations set out in subs. 4 of Art. XVIII and in due course, information that will allow all those who have expressed an interest to have a meaningful opportunity to evaluate their interest in bidding. This information will include those contained in the notices referred to in s. 6 and 8, provided that this information is available. Information provided to an interested supplier will be disclosed in a non-discriminatory manner to other interested suppliers.

6. Each contract notice referred to in subs. 2 will contain the following information:

(a)

Nature and quantity, including any options concerning complementary markets and, where possible, estimated time limit for the exercise of those options; in the case of renewable markets, nature and quantity, and, where possible, estimated time limit for publication of the Notice of subsequent tender for the goods or services to be the subject of the contract;

(b)

Character of the procedure: open, selective or involving negotiation;

(c)

Where applicable, the date on which the delivery of the goods or services will begin or end;

(d)

Address and deadline for the filing of applications for an invitation to tender or the qualification for listing on the list of suppliers, or for the receipt of tenders, as well as the language or languages allowed for them Presentation; (e) address of the entity that must enter the contract and provide the information necessary to obtain the specifications and other documents;

(f)

Economic and technical conditions, financial guarantees and supplier information;

(g)

Amount and manner of payment of any amount to be paid for the documentation of the tender; and

(h)

Form of the contract that is the subject of the tender: purchase, lease, lease or hire-sale, or several of these forms.

7. Each scheduled contract notice referred to in s. 3, will contain the maximum amount of information listed in s. 6 which will be available. It will, in any event, contain the information listed in par. 8 and:

(a)

Reference to the fact that interested suppliers should inform the entity of their interest in the market;

(b)

Reference to the person or service in contact with the entity to which additional information may be obtained.

8. For each proposed contract, the entity will publish a summary notice in one of the official languages of the WTO. The notice shall contain at least the following particulars:

(a)

Market object;

(b)

Time limit for the submission of bids or requests for an invitation to tender; and

(c)

Addresses where market documents may be requested.

9. In the case of selective procedures, entities that maintain permanent lists of qualified suppliers shall publish each year in one of the publications listed in Appendix III a notice containing the following information:

(a)

Enumeration of existing lists, including the titles of those lists, in relation to the goods or services or categories of goods or services to be procured on the basis of those lists;

(b)

Conditions to be met by suppliers to be entered on these lists, and methods of verification of each of those conditions by the entity concerned; and

(c)

Period of validity of the lists and formalities of their renewal.

In cases where such notice will be used for the solicitation, in accordance with subsection (1). 3, the notice will also contain the following information:

(d)

The nature of the goods or services in question;

(e)

Mention of the fact that the notice constitutes an invitation to tender.

However, in cases where the duration of the qualification system will be three years or less, and if the duration of the system is specified in the notice and it is also specified that other notices will not be published, it will be sufficient to publish the notice only one At the beginning of the system application period. Such a system shall not be used in such a way as to circumvent the provisions of this Agreement.

10. If, after the issuance of an invitation to tender for any intended contract, but before the date fixed for the opening or receipt of tenders which has been specified in the notice or tender documentation, it shall Becomes necessary to amend the notice or to re-publish it, the amendment or new notice will receive the same circulation as the originating documents that were the subject of the amendment. Any significant information communicated to a supplier about a particular proposed procurement will be communicated simultaneously to all other suppliers concerned in a timely manner to enable them to take into account and act in accordance with the Consequence.

11. Entities shall specify, in the notices referred to in this section or in the publication in which the notices appear, that the contract is covered by the Agreement.

1. In order to ensure optimum effective international competition in the case of selective tendering procedures, the entities, for each market envisaged, will be invited to bid on the largest number of domestic suppliers and Suppliers of other Parties, consistent with the efficient operation of the procurement process. They shall select in a fair and non-discriminatory manner the suppliers admitted to participate in these proceedings.

2. Entities that maintain permanent lists of qualified suppliers will be able to select suppliers who will be invited to bid on those lists. Any selection will give fair opportunities to suppliers on the lists.

Suppliers applying for a tender for a particular proposed contract will be allowed to tender and will be taken into consideration, provided that they are not yet qualified suppliers, that the qualification procedure can be Completed in due time in accordance with ss. VIII and IX. The number of additional suppliers allowed to bid will be limited only by the need to safeguard the efficient operation of the procurement mechanism.

4. Applications for participation in selective procedures may be submitted by telex, telegram or fax.

General provisions

1.

(a) Any time limit shall be sufficient to enable suppliers of other Parties, as well as domestic suppliers, to prepare and file their bids prior to the closing of tender procedures. In setting this time limit, the entities shall take into account, in a manner consistent with their reasonable needs, elements such as the complexity of the envisaged market, the importance of the subcontracts to be expected, and the time normally required for The routing of bids, by mail, from abroad as well as from the country itself.

(b)

Each Party shall ensure that its entities take due account of publication deadlines when setting the deadline for the receipt of tenders or for the filing of applications for an invitation to tender.

Delays

2. Except to the extent that s. 3 provides otherwise,

(a)

In the open procedures, the time limit for the receipt of tenders shall not be less than 40 days from the date of the publication of the notice referred to in subs. 1 of the art. IX

(b)

In selective procedures which do not involve the use of a permanent list of qualified suppliers, the time limit for submitting an application to be invited to tender shall not be less than 25 days from the date of publication The notice referred to in s. 1 of the art. IX; the time limit for the receipt of tenders shall not be less than 40 days from the date of dispatch of the invitation to tender;

(c)

In selective procedures involving the use of a permanent list of qualified suppliers, the deadline for receipt of tenders will not be less than 40 days from the initial mailing of the solicitations, than the date The initial submission of the solicitations coincides with or does not coincide with the issuance of the notice referred to in s. 1 of the art. IX.

3. The time limits specified in s. 2 may be shortened in the following circumstances:

(a)

If a separate notice has been published between 40 days and 12 months maximum in advance, and this notice contains at least:

(i)

The maximum amount of information listed in paragraph 6 of s. IX to be available;

(ii)

The information listed in s. 8 of art. IX

(iii)

Reference to the fact that interested suppliers should inform the entity of their interest in the market; and

(iv)

Mention of the person or service in contact with the entity with which additional information may be obtained, the 40-day time limit for the receipt of tenders may be replaced by a sufficiently long time limit for the Allow interested parties to submit responsive tenders and which, as a general rule, will not be less than 24 days, but will not be less than 10 days;

(b)

Whether it is a second publication or a subsequent publication in respect of renewable markets within the meaning of s. 6 of the art. IX, the 40-day time limit for the receipt of tenders may be reduced to at least 24 days;

(c)

Where the urgency duly established by the entity will render the time limits in question unobservable, the time limits specified in subs. 2 may be shortened, but in no case shall they be less than 10 days from the date of the publication of the notice referred to in subs. 1 of the art. IX; or

(d)

In the case of contracts awarded by the entities listed in Schedules 2 and 3, the time limits referred to in s. 2 (c) may be determined by mutual agreement between the selected entity and suppliers. In the absence of an agreement, the entity may set time limits that will be sufficiently long to allow interested parties to submit responsive tenders and in no case shall they be less than 10 days.

4. In a manner consistent with the reasonable requirements of the entity, any delivery date shall be fixed taking into account such factors as the complexity of the envisaged market, the importance of subcontracting to be foreseen, and the time objectively Necessary for the production, the exit of stock and the transport of the goods from the places where they are supplied or the supply of the services.

1. If, in tendering procedures, an entity permits the submission of tenders in several languages, one of these languages shall be one of the official languages of the WTO.

2. The tender documentation provided to suppliers will contain all the information necessary for them to submit responsive tenders, including the information to be published in the contract notice. With the exception of those referred to in s. 6 (g) of Art. IX, as well as the following:

(a)

The address of the entity to whom tenders should be sent;

(b)

The address where requests for further information should be sent;

(c)

The language (s) to be used in the submission of submissions and accompanying documents;

(d)

The deadline and time for receipt of bids, as well as the period during which bids should be accepted;

(e)

The persons admitted to attend the opening of the tenders and the date, time and place of the opening;

(f)

Economic and technical conditions, financial guarantees and information or parts required from suppliers;

(g)

A complete description of the goods or services requested or any requirements, including the technical specifications and certification of compliance, and the plans, drawings and instructions required;

(h)

The award criteria, including all elements, other than price, that will be considered in the evaluation of bids, and the elements of costs to be considered in the evaluation of bid prices, such as costs of Transport, insurance and inspection and, in the case of goods or services of other Parties, customs duties and other import charges, taxes and currency of payment;

(i)

Terms of payment;

(j)

Any other terms and conditions;

(k)

Pursuant to s. XVII, the terms and conditions, if any, according to which submissions from countries which are not Parties to this Agreement, but which apply the procedures provided for in that Article, shall be admitted.

Communication by entities of the tender documentation

3.

(a) In the open procedures, the entities shall communicate the tender documentation to any participating supplier who requests it, and shall promptly respond to any reasonable request for an explanation of This documentation.

(b)

In selective procedures, the entities will communicate the tender documentation to any supplier who requests to participate and will respond promptly to any reasonable request for an explanation of this Documentation.

(c)

Entities shall promptly respond to any reasonable request for relevant information concerning the invitation to tender which will be made by a participating supplier, provided that this information does not provide that supplier with a Advantage over its competitors in the auction process.

The submission, receipt and opening of bids, as well as the award of contracts, shall be consistent with the following:

(a)

Tenders will normally be submitted in writing, directly or by mail. If it is authorized to submit tenders by telex, telegram or telefacsimile, the submission so presented shall contain all the information necessary for its evaluation, in particular the final price offered by the tenderer and the tenderer. Declaration by which the tenderer accepts all the terms, conditions and provisions of the invitation to tender. The submission must be confirmed promptly by letter or by sending a signed copy of the telex, telegram or fax. Submission of tenders by telephone will not be permitted. The contents of the telex, telegram or facsimile shall prevail if there is any discrepancy or contradiction between that content and any documentation received after the expiration of the time limit; and

(b)

Opportunities that may be awarded to bidders to correct unintentional errors of form between bid opening and contract award will not result in discriminatory practices.

Receipt of Submissions

2. No supplier will be penalized if, as a result of a delay solely attributable to the entity, its bid is received after the expiration of the time limit by the designated service in the tender documentation. Submissions may also be taken into account in other exceptional circumstances if the procedures of the entity concerned so provide.

Opening of tenders

3. All tenders requested by entities in the framework of open or selective procedures shall be received and opened in accordance with procedures and conditions guaranteeing the regularity of the opening. The receipt and opening of tenders shall also be in accordance with the provisions of this Agreement concerning national treatment and non-discrimination. The information relating to the opening of tenders will remain in the hands of the entity concerned and at the disposal of the public authorities to which it is responsible, to be used if necessary for the procedures laid down in Art. XVIII, XIX, XX and XXII.

Contract Award

4.

(a) In order to be considered for award, tenders shall, at the time of their opening, conform to the essential requirements specified in the notices or tender documentation, and have been filed by a Supplier fulfilling the conditions of participation. If an entity has received an abnormally lower bid than the other bids submitted, it will be able to obtain information from the bidder to ensure that it is able to meet the conditions of participation and that it is capable of Satisfy the terms of the contract.

(b)

Unless it decides, for reasons of public interest, not to enter the contract, the entity shall award it to the tenderer who has been fully qualified to perform the contract and whose tender, whether it relates to goods or services Or on products or services of other Parties, shall be the lowest bid or the one that has been recognized to be the most advantageous according to the evaluation criteria specified in the notices or appeal documentation Of offers.

(c)

Auctions shall be made in accordance with the criteria and essential requirements specified in the tender documentation.

Options

5. Options will not be used to circumvent the provisions of the Agreement.

1. A Party may provide that the entities shall enter into negotiations:

(a)

In the context of the procurement for which they indicated that they intended to do so, that is, in the notice referred to in s. 2 of the art. IX (the invitation to participate in the procedure for the proposed contract to suppliers); or

(b)

Where it results from the evaluation that no bids are clearly the most advantageous according to the evaluation criteria specified in the notices or tender documentation.

2. The main purpose of the negotiations will be to determine the strengths and weaknesses of the bids.

3. Entities shall treat tenders in confidence. In particular, they will not provide information to assist identified participants in bidding at the level of other participants.

4. During the negotiations, entities will not discriminate between different suppliers. In particular, they will ensure that:

(a)

The elimination of any participant is done according to the criteria set out in the notices and tender documentation;

(b)

All changes to the criteria and technical requirements shall be communicated in writing to all participants in the remaining negotiations;

(c)

All remaining participants have the option of submitting new or amended tenders on the basis of the revised requirements;

(d)

When negotiations are completed, all remaining participants in the negotiations will be allowed to submit final bids within a time frame that will be the same for all participants.

1. The provisions of s. VII to XIV, which apply to open or selective tendering procedures, will not necessarily be applicable in the circumstances set out below, provided that the limited tender is not used in order to reduce the Competition below the maximum possible, or in a manner that would constitute a means of discrimination between suppliers of other Parties or protection of domestic producers or suppliers:

(a)

Where no tender has been submitted in response to a call for tenders in accordance with an open or selective procedure, or where tenders have been agreed or will not be in accordance with the essential requirements of the appeal Or emanate from suppliers not fulfilling the conditions of participation provided for in accordance with this Agreement, provided, however, that the conditions of the initial call for tenders are not substantially changed for the market Who will be awarded;

(b)

Where, in the case of works of art or for reasons relating to the protection of exclusive rights, such as patent or reproduction rights, or in the absence of competition for technical reasons, the goods or services do not May be provided by a particular supplier and there will be no reasonable alternative or replacement product or service;

(c)

Provided that this will be strictly necessary where, for reasons of extreme urgency caused by events which could not be foreseen by the entity, the open or selective procedures would not enable the goods or services to be obtained in Time;

(d)

In the case of additional deliveries to be provided by the original supplier for spare parts for supplies already made or installations already delivered, or intended to supplement those supplies, services or Facilities, and that a change of supplier would result in the delivery of equipment or services that do not meet terms of interchangeability with existing equipment or service ¹ ;

(e)

When an entity contracts to procure prototypes or a new product or service developed at the request of the entity during the performance of a specific contract of research, experimentation, study or original development, and The requirements of this contract. Once such contracts have been executed, subsequent contracts for goods or services will be subject to the provisions of ss. VII to XIV ² ;

(f)

Where additional construction services that were not included in the original contract but were consistent with the objectives of the initial tender documentation are, as a result of unforeseen circumstances, become Necessary to complete the supply of the construction services described in the said contract, and where the entity is to award contracts for the additional construction services to the contractor providing the construction services Concerned because separating the additional construction services from the initial market Would cause difficulties for technical or economic reasons or would significantly impede it. However, the total value of contracts awarded for additional construction services may not exceed 50 % of the principal contract amount;

(g)

For new construction services consisting of the repetition of similar construction services that are consistent with a basic project for which an initial contract has been awarded in accordance with ss. VII to XIV and for which the entity has indicated in the proposed contract notice concerning the initial construction service that the limited tendering procedure may be used for the award of contracts for these new services of Construction;

(h)

For products purchased on a commodity market;

(i)

For purchases made under exceptionally advantageous conditions which arise only in the very short term. This provision is intended to cover the unusual flow of products by companies that are not normally suppliers, or the disposal of assets of companies in liquidation or judicial administration. It is not intended to cover routine purchases from regular suppliers;

(j)

In the case of contracts awarded to the winner of a competition, provided that the competition has been organised in a manner consistent with the principles of this Agreement, in particular with regard to publication, within the meaning of Art. IX, of an invitation to duly qualified suppliers, to participate in such a competition, which shall be tried by an independent jury, with a view to awarding contracts to the winners.

2. Entities shall record the minutes of each contract awarded in accordance with the provisions of s. 1. Each record shall state the name of the procuring entity, the value and nature of the goods or services subject to the contract, as well as their country of origin, and shall contain a statement of the circumstances referred to in the Section in which the contract was awarded. This record shall remain in the hands of the entity concerned and at the disposal of the public authorities of which it is responsible, in order to be used, if necessary, for the procedures laid down in Art. XVIII, XIX, XX and XXII.

1. In the qualification and selection of suppliers, products or services, or in the evaluation of tenders and award of contracts, entities shall not impose, request or consider compensation operations. ¹

2. However, having regard to policy considerations, including those relating to development, a developing country may, at the time of accession, negotiate terms and conditions for the use of compensation operations, Such as requirements for the incorporation of certain content of national origin. These requirements will be used only for the purpose of qualification for participation in the procurement process and not as criteria for awarding contracts. The conditions shall be objective, clearly defined and non-discriminatory. They shall be set out in Appendix I of the country and may include specific limitations on the taxation of compensation operations in any procurement covered by this Agreement. The existence of such conditions shall be notified to the Committee and indicated in the proposed contract notice and other documentation.

Each Party shall encourage entities to indicate the terms and conditions, including any difference in tendering procedures with competition or the possibility of recourse to challenge procedures, as follows: Which tenders will be admitted from suppliers located in countries which are not Parties to this Agreement but nevertheless, with a view to making their own contract awards transparent:

(a)

Provide specifications for their contracts in accordance with s. VI (technical specifications);

(b)

Publish the notices of contracts referred to in s. IX, including, in the version of the notice referred to in s. 8 of art. IX (summary of the proposed contract notice) which is published in an official language of the WTO, an indication of the terms and conditions under which tenders will be accepted from suppliers located in countries Parties to the present Agreement;

(c)

Are prepared to ensure that their contracting regulations are not normally amended in the course of a procurement and, in the event that such a change is inevitable, to ensure that there is Satisfactory average repair.

2. Governments that are not Parties to the Agreement and that meet the conditions set out in s. 1 (a) to 1 (c) shall have the right, if they inform the Parties, to participate in the meetings of the Committee as observers.

Entities shall publish an opinion in the appropriate publication indicated in Appendix II no later than 72 days after the award of each contract under Art. XIII to XV. These notices will contain the following information:

(a)

The nature and quantity of the goods or services subject to the contract;

(b)

Name and address of the entity moving the market;

(c)

Date of the auction;

(d)

Name and address of the auction;

(e)

Value of the highest and lowest bid or bid taken into account in the award of the contract;

(f)

Where appropriate, means of identifying the notice published in accordance with paragraph (a). 1 of the art. IX or Justification, in accordance with Art. XV, of the use of this procedure; and

(g)

Type of procedure used.

2. Each entity, at the request of a supplier of a Party, shall promptly communicate:

(a)

An explanation of its contracting practices and procedures;

(b)

Relevant information concerning the reasons why the supplier's application for qualification was rejected, why it was terminated, and why it was not selected;

(c)

To an unsuccessful bidder, relevant information regarding the reasons why its bid was not selected and the relative characteristics and benefits of the winning bid, as well as the name of the successful bidder.

3. Entities shall promptly inform the participating suppliers of the decisions taken concerning the award of the contract, and in writing if requested to do so.

4. However, entities may decide that certain information concerning the award of the contract referred to in s. (1) and (2) (c), shall not be disclosed where disclosure would impede law enforcement, would otherwise be contrary to the public interest, prejudice the legitimate commercial interests of public or private undertakings, or Could hinder fair competition between suppliers.

Each Party shall publish promptly all laws, regulations, and any judicial decisions, administrative decisions of general application, and procedures (including standard contractual clauses), relating to contracts Of this Agreement, in the appropriate publications listed in Appendix IV, and in such a way as to enable other Parties and suppliers to become acquainted with them. Each Party shall be prepared to provide explanations on its procurement procedures to any other Party upon request.

2. The Government of an unsuccessful tenderer who is a Party to this Agreement may, without prejudice to the provisions of Art. XXII, request additional information that may be required on the procurement to ensure that it has been conducted under conditions of fairness and impartiality. To this end, the contracting public authority will provide information on the relative characteristics and benefits of the successful bid and the award price. Normally, this latter information may be disclosed by the government of the unsuccessful bidder on the condition that it uses this right with discretion. In the event that such disclosure would prejudice competition in subsequent tenders, this information shall not be disclosed until after consultation and with the agreement of the Party which has communicated it to the Government of the tenderer not Selected.

3. The information available concerning the award of contracts by the affected entities and the contracts awarded to them shall be communicated to any other Party requesting it.

4. Confidential information provided to a Party, the disclosure of which would impede law enforcement, would otherwise be contrary to the public interest, would prejudice the legitimate commercial interests of public undertakings, or Or may prejudice fair competition between suppliers, shall not be disclosed without the formal authorization of the Party that provided them.

Each Party shall establish its annual statistics on the contracts covered by this Agreement and shall communicate them to the Committee. Such communications shall contain the following information on contracts awarded by all Contracting Parties covered by this Agreement:

(a)

For the entities referred to in Annex 1, statistics indicating overall and by entity the estimated value of the contracts awarded, both above and below the threshold value; for the entities mentioned in Annexes 2 and 3, statistics Indicating overall and by category of entities the estimated value of the contracts awarded above the threshold value;

(b)

For the entities referred to in Annex 1, statistics showing the number and total value of contracts awarded above the threshold value, broken down by entity and by category of goods and services according to uniform classifications; for The entities listed in Annexes 2 and 3, statistics indicating the estimated value of the contracts awarded above the threshold value, broken down by category of entity and by category of goods or services;

(c)

For the entities referred to in Annex 1, statistics showing the number and total value of contracts awarded in each of the circumstances referred to in Art. XV, broken down by entity and category of goods and services; for the categories of entities mentioned in Annexes 2 and 3, statistics showing the total value of contracts awarded above the threshold value in each of the circumstances Under s. XV; and

(d)

For the entities referred to in Annex 1, statistics, broken down by entity, indicating the number and total value of contracts awarded in respect of the derogations from the Agreement as set out in the relevant Annexes; for the categories of entities mentioned in the Annex. Annexes 2 and 3, statistics showing the total value of contracts awarded in respect of the Agreement's derogations from the relevant Annexes.

In so far as this information is available, each Party shall provide statistics indicating the country of origin of the goods and services purchased by its entities. In order to ensure that these statistics are comparable, the Committee will provide guidance on the methods to be used. In order to ensure effective monitoring of the contracts covered by this Agreement, the Committee may decide unanimously to amend the requirements set out in paras. (a) to (d) in respect of the nature and extent of the statistical information to be disclosed, as well as the breakdowns and classifications to be used.

Consultations

1. In the event of a complaint by a supplier for breach of this Agreement in connection with the award of a contract, each Party shall encourage that supplier to seek to settle the matter in consultation with the procuring entity. In such a case, the procuring entity shall review the complaint impartially and expeditiously, in a manner that will not impede the adoption of corrective measures in the context of the challenge mechanism.

Contested

(2) Each Party shall establish non-discriminatory, expeditious, transparent and effective procedures enabling suppliers to challenge alleged violations of the Agreement in the procurement in which they have, or have had, Interest.

Each Party shall establish its protest procedures in writing and shall make them generally available.

Each Party shall ensure that documentation relating to all aspects of the procurement covered by this Agreement is kept for three years.

5. The supplier concerned may be required to initiate a challenge procedure and to send a notification to the procuring entity within specified time limits which will run from the date on which the basis of the complaint is known or Should reasonably have been known, and in no case shall be less than ten days.

6. Disputes shall be submitted to a court or an impartial and independent review body with no interest in the outcome of the award and whose members are immune from outside influence during the term of office. In cases where the review body is not a court, or that body will be subject to judicial review, or it will apply procedures under which:

(a)

Participants may be heard before an opinion is given or a decision is rendered;

(b)

Participants will be able to be represented and accompanied;

(c)

Participants will have access to the entire process;

(d)

The procedure may be public;

(e)

Opinions or decisions will be made in writing, with a statement indicating their reasons;

(f)

Witnesses may be heard;

(g)

Documents will be submitted to the review body.

7. Dispute procedures shall provide for:

(a)

Rapid transitional measures to address violations of the Agreement and to preserve commercial opportunities. This action may result in the suspension of the procurement process. However, the procedures may provide that overriding adverse consequences for the interests concerned, including the public interest, may be taken into account when deciding whether such measures should be applied. In such cases, any failure to act shall be in writing;

(b)

An assessment and an opportunity for a decision on the justification for the challenge;

(c)

The correction of the breach of the Agreement or the compensation for loss or damage suffered, which may be limited to the costs of the preparation of the bid or challenge.

8. With a view to the protection of the commercial and other interests concerned, the challenge procedure will normally be completed without delay.

1. A Procurement Committee shall be established consisting of representatives of each Party. The Committee shall elect its Chairman and Vice-Chair; it shall meet as necessary, but at least once a year, to give the Parties the opportunity to consult on any matter concerning the implementation of the Agreement or The pursuit of its objectives, as well as to exercise the other powers conferred upon it by the Parties.

2. The Committee may establish working groups or other subsidiary bodies which will exercise the powers conferred upon them by the Committee.

1. The provisions of the Understanding on Rules and Procedures Governing the Settlement of Disputes under the WTO Agreement ¹ (hereinafter referred to as the "Dispute Settlement Understanding") shall apply, unless otherwise expressly provided in the following paragraphs.

2. Where a Party considers that any benefit accruing to it directly or indirectly from this Agreement is nullified or impaired, or that the achievement of one of the objectives of the Agreement is impaired by the fact that another Party or Parties do not fulfil their obligations under this Agreement, or that another Party or Parties apply a measure, contrary or not to the provisions of this Agreement, that they may, in order to Mutually satisfactory resolution of the matter, making representations or proposals Written to the other Party or Parties which, in its opinion, are in dispute. Such action shall be notified promptly to the Dispute Settlement Body established under the Dispute Settlement Understanding (hereinafter referred to as "the DSB") , as specified below. Any Party so requested shall examine with understanding the representations or proposals made to it.

3. The DSB will have the power to establish panels, adopt panel and Appellate Body reports, make recommendations or rule on the matter, monitor the implementation of decisions, and And to authorise the suspension of concessions and other obligations arising out of this Agreement or the initiation of consultations concerning the means of appeal where the withdrawal of measures which have been found to be in Contravention of the provisions of the Agreement is not possible, on the understanding that only Members of the WTO who are Parties to this Agreement shall take part in the decision-making process or action taken by the DSB in respect of disputes arising under this Agreement.

4. Panel members shall have the following terms of reference, unless the parties to the dispute otherwise agree within 20 days of the establishment of the panel:

" Review, in the light of the relevant provisions of this Agreement and (name of any other agreement referred to by the parties to the dispute) the matter referred to the DSB by (name of party) in the document ...; make findings specific to To assist the DSB in making recommendations or deciding on the matter, as provided for in this Agreement."

In the case of a dispute in which the provisions of this Agreement and one or more of the other Agreements set out in Appendix 1 of the Dispute Settlement Understanding are invoked by one of the Parties to the Dispute, s. 3 shall apply only to the parts of the panel report concerning the interpretation and application of this Agreement.

The panels established by the DSB to examine disputes arising under this Agreement shall include qualified persons in the field of public procurement.

6. No effort will be spared to expedite the process to the maximum extent possible. Notwithstanding the provisions of s. 8 and 9 of art. 12 of the Dispute Settlement Understanding, the panel shall endeavour to submit its final report to the parties to the dispute no later than four months, and in the case of a delay of seven months at the latest, after the date on which the composition And the terms of reference of the panel will have been terminated. As a result, no effort will be spared to reduce the time limits in s. 1 of the art. 20 and at para. 4 of Art. 21 of the DSU. In addition, notwithstanding the provisions of s. 5 of the art. 21 of the DSU, the panel will endeavour to make its decision, in the event of disagreement with respect to the existence or compatibility with a covered agreement of measures taken to comply with the recommendations And decisions, within 60 days.

7. Notwithstanding the provisions of s. 2 of the art. 22 of the Dispute Settlement Understanding, any dispute arising in the context of any Agreement set out in Appendix 1 of the DSU other than this Agreement shall not result in the suspension of Concessions or other obligations arising from this Agreement, and any dispute arising under this Agreement shall not result in the suspension of concessions or other obligations arising out of any other Agreement contained in the said Agreement. Appendix 1.

Nothing in this Agreement shall be construed to prevent any Party from taking action or not disclosing information if it considers it necessary for the protection of the essential interests of its security, Contracts for arms, ammunition or war materiel, or contracts that are essential to national security or for the purposes of national defence.

2. Provided that these measures are not applied in such a way as to constitute an arbitrary or unjustified means of discrimination between countries where the same conditions exist, or a disguised restriction on international trade, nothing in the This Agreement shall not be construed as preventing any Party from instituting or applying measures: necessary for the protection of public morals, public order or public security, the protection of health and the life of the Persons and animals or the preservation of plants, or the protection of the property Intellectual property; or relating to articles manufactured or services provided by persons with disabilities, or in philanthropic institutions, or in prisons.

1. Acceptance and Entry into Force

This Agreement shall enter into force on 1 ^Er January 1996 for governments ¹ For which the agreed scope of application appears in Schedules 1 to 5 of Appendix I to this Agreement and who have accepted the Agreement by signature on April 15, 1994, or which, on that date, will have signed the Agreement subject to ratification and ratification Later before 1 ^Er January 1996.

2. Accession

Any Government that is a Member of the WTO, or before the date of entry into force of the WTO Agreement ² Contracting Party to GATT 1947 ³ , and which is not a Party to this Agreement, may accede to it, subject to conditions to be agreed between that Government and the Parties, by filing with the Director-General of the WTO an instrument of accession setting out the conditions thus agreed. The Agreement shall enter into force for a Government that has acceded to it on the thirtieth day after the date of its accession to the Agreement.

3. Transitional provisions

(a)

Hong Kong and Korea may defer the application of the provisions of this Agreement, except for s. XXI and XXII, up to a date which shall not exceed 1 ^Er January 1997. The date on which they will begin to apply the provisions, if it is earlier than 1 ^Er January 1997, will be notified to the Director-General of WTO 30 days in advance.

(b)

In the interval between the date of entry into force of this Agreement and that of its application by Hong Kong, the rights and obligations between Hong Kong and all other Parties to this Agreement that were April 15, 1994 Parties to the Agreement On public procurement in Geneva on 12 April 1979 ⁴ , as amended on February 2, 1987 (the "1988 Agreement"), will be governed by the substantive provisions ⁵ Of the 1988 Agreement, including its Annexes as amended or rectified, provisions which are incorporated in the Agreement by reference to that effect and which shall remain in force until 31 December 1996.

(c)

Between the Parties to this Agreement which are also Parties to the 1988 Agreement, the rights and obligations under this Agreement will replace those resulting from the 1988 Agreement.

(d)

Art. XXII shall enter into force only on the date of entry into force of the WTO Agreement. In the meantime, the provisions of s. VII of the 1988 Agreement shall apply to consultations and the settlement of disputes under this Agreement, which are incorporated in the Agreement by reference to that effect. These provisions shall be applied under the auspices of the Committee established under this Agreement.

(e)

Prior to the date of entry into force of the WTO Agreement, references to WTO bodies will be interpreted as referring to the corresponding GATT body and references to the Director-General of the WTO and the WTO Secretariat will be Interpreted as references to the Director General of the GATT Contracting Parties of 1947 and to the GATT Secretariat, respectively.

4. Reserves

Reservations may not be made with respect to the provisions of this Agreement.

5. National legislation

(a)

Each Government which accepts or accedes to this Agreement shall ensure, no later than the date on which the Agreement comes into force as far as it is concerned, the conformity of its laws, regulations and administrative procedures, as well as the rules, Procedures and practices applied by entities in its schedules annexed to this Agreement, with the provisions of the said Agreement.

(b)

Each Party shall inform the Committee of any changes to its laws and regulations in relation to the provisions of this Agreement, as well as the administration of such laws and regulations.

6. Rectifications or modifications

(a)

Corrections, transfers of an entity from one Annex to another or, in exceptional cases, other amendments relating to Appendices I to IV shall be notified to the Committee, together with information concerning the consequences The likely change for the mutually agreed scope of application of this Agreement. If they are of pure form or minor, corrections, transfers or other changes will take effect on the condition that no objections have been made within 30 days. In other cases, the Chairman of the Committee shall promptly convene the Committee. The Committee shall consider the proposal and any request for compensatory adjustments, in order to preserve the balance of rights and obligations and to maintain the mutually agreed scope of application of this Agreement at a level comparable to its Level prior to notification. If an agreement cannot be reached, the matter can then be dealt with in accordance with the provisions of s. XXII.

(b)

In cases where a Party wishes, in the exercise of its rights, to withdraw an entity from Appendix I on the ground that the control or influence exercised by the Government on that entity has been effectively eliminated, that Party shall inform the Committee. This change will take effect on the day following the end of the next meeting of the Committee, provided that the meeting is held at least 30 days from the date of the notification and no objections have been raised. In the event of an objection, the matter may then be dealt with in accordance with the procedures relating to consultations and the settlement of disputes under s. XXII. In considering the proposed amendment of Appendix I and any subsequent compensatory adjustment, account shall be taken of the opening effects of the market resulting from the elimination of control or influence exerted by the Government.

7. Reviews, Negotiations and Future Work

(a)

The Committee shall conduct an annual review of the implementation and implementation of this Agreement, taking into account its objectives. The Committee will inform the WTO General Council annually of the facts during the period on which the review will be carried out.

(b)

No later than the expiration of the third year from the date of entry into force of this Agreement, and thereafter on a periodic basis, the Parties shall enter into further negotiations with a view to improving the Agreement and extending the most May be carried out by all Parties on a reciprocal basis, taking into account the provisions of Art. V on developing countries.

(c)

The Parties shall endeavour to avoid the adoption or maintenance of discriminatory measures and practices which distort open procurement procedures and shall endeavour, in the context of the negotiations referred to in para. (b) remove those that remain on the date of entry into force of this Agreement.

8. Information technology

In order to ensure that the Agreement does not constitute an unnecessary obstacle to technical progress, the Parties will hold regular consultations with the Committee on the evolution of the use of information technology in the field of Public procurement and, if necessary, negotiate amendments to the Agreement. These consultations will focus in particular on ensuring that the use of information technology helps to ensure that public procurement is conducted in an open, non-discriminatory and efficient manner through procedures Transparent, that the contracts covered by the Agreement are clearly identified and that all available information on a particular market can be identified. When a Party considers innovation, it will endeavour to take into account the views expressed by other Parties on issues that may arise.

9. Amendments

The Parties may amend this Agreement in view, in particular, of the experience of its implementation. Where an amendment has been approved by the Parties in accordance with the procedures established by the Committee, it shall enter into force in respect of a Party only when the Party accepts it.

10. Remove

(a)

Any Party may withdraw from this Agreement. Such withdrawal shall take effect upon expiry of a period of 60 days from the date on which the Director-General of the WTO has received notification in writing. Upon receipt of such notification, any Party may request the immediate meeting of the Committee.

(b)

If a Party to this Agreement does not become a Member of the WTO within one year of the date of entry into force of the WTO Agreement or ceases to be a Member of the WTO, it shall cease to be a Party to this Agreement with effect from Same date.

11. Non-implementation of this Agreement between Parties

This Agreement shall not apply between two Parties if either Party, at the time of its acceptance or accession, does not consent to this application.

12. Notes, Appendices and Appendices

The Notes, Appendices and Annexes to this Agreement shall form an integral part thereof.

13. Secretariat

The WTO Secretariat will provide the secretariat for this Agreement.

14. Depot

This Agreement shall be deposited with the Director General of the WTO, who shall promptly furnish to each Party a certified copy of the Agreement and any rectification or modification thereof in accordance with the Agreement. 6. Any amendment that has been made to it in accordance with paragraph 6. 9, as well as a notification of each acceptance or accession in accordance with s. 1 and 2, and each denunciation in accordance with s. 10, of this article.

15. Record

This Agreement shall be registered in accordance with the provisions of Art. 102 of the United Nations Charter.

Done at Marrakesh on 15 April Mil nine hundred and ninety-four, in a single copy, in the English, French and Spanish languages, all three texts being authentic, unless otherwise indicated in relation to the attached Appendices.

Following are the signatures