Tariffs. Customs. Trade Remedies

On April 18, 2014, the Office of the US Trade Representative (USTR) published in the Federal Register a notice announcing that for the purpose of US Government procurement that is covered by Title III of the Trade Agreements Act of 1979 (the Act), the effective date of the Protocol Amending the Agreement on Government Procurement (the Protocol), done at Geneva on 30 March 2012, World Trade Organization (WTO), with respect to Japan is April 16, 2014.

Executive Order 12260 (December 31, 1980) implements the 1979 and 1994 Agreement on Government Procurement (GPA), pursuant to Title III of the Act as amended (19 U.S.C. 2511–2518). In section 1–201 of Executive Order 12260, the President delegated to the USTR the functions vested in the President by sections 301, 302, 304, 305(c) and 306 of the Act  (19 U.S.C. 2511, 2512, 2514, 2515(c) and 2516).

The Protocol entered into force on April 6, 2014 for the United States and the following Parties: Canada, Chinese Taipei, Hong Kong, Israel, Liechtenstein, Norway, European Union, Iceland, and Singapore. The Protocol provides that following its entry into force, the Protocol will enter into force for each additional Party to the 1994 Agreement 30 days following the date on which the Party deposits its instrument of acceptance. On March 17, 2014, Japan deposited its instrument of acceptance to the Protocol. Therefore, the Protocol shall enter into force on April 16, 2014 for Japan. Therefore, for Japan, effective April 16, 2014, all references in Title III of the Act of 1979 and in Executive Order 12260 to the GPA shall refer to the 1994 Agreement as amended by the Protocol.

With respect to those Parties which have not deposited their instruments of acceptance, all references in Title III of the Act and in Executive Order 12260 to the GPA shall continue to refer to the 1994 Agreement until 30 days following the deposit by such Party of its instrument of acceptance of the Protocol.