As part of a new accession development, Brazil followed up on its may 2020 GPA application by submitting its responses to a list of questions about its public procurement system, including its laws and regulations on government procurement. It also informed the Committee that it planned to submit its first market access offer by the end of 2020. Brazil is the first country in Latin America to apply for membership of the plurilateral agreement. The following WTO Members are parties to the 1994 Agreement[3] At a meeting held in October 2020, the Parties to the WTO Agreement on Government Procurement (GPA) called on the United Kingdom to take the final steps to become an independent Party to the Agreement in 2021. This paper examines the UK`s accession to the GPA and its importance for ACCESS to the US government procurement market if the Trump administration continues to insist on excluding purchases from a bilateral trade agreement. It also reviews Brazil`s progress in its own accession to the GPA. 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. In accordance with Article V of the revised GPA, special and differential treatment for developing countries may be negotiated in the form of transitional measures such as offsets, preferential price programmes, initially higher thresholds and the gradual introduction of facilities by a developing country in the accession process, subject to the agreement of the other Parties and the development needs of the acceding Member. The GPA is a plurilateral agreement within the WTO, which means that not all WTO members are parties to the agreement. Currently, the Agreement has 20 parties comprising 48 WTO Members. 36 WTO members/observers participate as observers in the GPA Committee. Of these, 12 members are in the process of acceding to the agreement. The WTO Agreement on Government Procurement (GPA) is a “plurilateral” agreement, meaning that it applies to a number of WTO Members, but not to all Members. The agreement was originally established in 1979 as the Tokyo Round Code on Government Procurement[1], which entered into force in 1981 under the auspices of the General Agreement on Tariffs and Trade. [2] It was then renegotiated in parallel with the Uruguay Round in 1994, and this version entered into force on 1 January 1996. The agreement was subsequently revised on 30 March 2012. The revised GPA entered into force on 6 July 2014. [2] The UK`s independent membership of the GPA will be essential to maintain access to the US government procurement market, as it cannot rely on a free trade agreement to provide such access.

The Trump administration wants to exclude government procurement from negotiations on a free trade agreement with the UK, although the US`s negotiating objectives also include government procurement. The procurement targets reflect U.S. objectives for renegotiating the North American Free Trade Agreement (NAFTA) and other free trade agreements and cover both market access and the text. If the U.S. had succeeded in excluding procurement from a free trade agreement with the U.K., Canada`s exclusion from the U.S.-Mexico-Canada government procurement chapter could become the norm rather than a gap in free trade agreements negotiated by the Trump administration. 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. Accession to the GPA is limited to WTO Members that have expressly signed the GPA or have subsequently acceded to the Agreement. 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.

In general, both versions of the Convention are based on the same principles, i.e. non-discrimination, transparency and procedural fairness, and contain the same main elements: links to the WTO Agreement on Government Procurement can be found below. In October 2018, Bloomberg reported that some WTO members, including Moldova, could block the UK`s accession to the GPA after Brexit or demand concessions. [8] At the same time, the United States and New Zealand also expressed concerns about the United Kingdom`s proposed membership “because its request lacked important information.” [9] On the 27th. In February 2019, the WTO GPA Committee took a decision on the UK`s accession, so that if the UK leaves the EU without an agreement, the UK will ratify the GPA on its own behalf as soon as possible and if there is an agreement with the EU providing for a transition period for the further application of the accession agreements – the UK`s accession as part of EU membership and a new decision by the the GPA would be necessary to enable the United Kingdom to join at the end of the transition period. [10] Ratification is subject to parliamentary approval under section 20 of the Constitutional Reform and Governance Act, 2010. 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). Surrogacy applies to procurement by any contractual means, including purchase, leasing or leasing with or without a call option. It applies to companies listed by each signatory country in Annex I (external link) to the agreement. Annex 1 of Appendix I lists the central government agencies covered, Annex 2 lists the agencies of the sub-central government and Annex 3 lists the other agencies. 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. According to the UK, the GPA`s market access supply is estimated at £68 billion ($88 billion), which is the second largest coverage of public procurement under the GPA. .