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USTR Waives Discriminatory Gov't Procurement Reqs for KORUS

The Office of the U.S. Trade Representative has determined to waive certain discriminatory purchasing requirements with respect to goods and services covered by Chapter 17 of the U.S.-Korea Free Trade Agreement (KORUS), which will enter into force on March 15, 2012.

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USTR Waives Laws, Regs, Practices that Will Result in Less Favorable Treatment

With respect to eligible products of Korea and suppliers of such products, USTR waives the application of any law, regulation, procedure, or practice regarding government procurement that would, if applied to such products and suppliers, result in treatment less favorable than accorded to (i) U.S. products and suppliers of such products; or (ii) to eligible products of another foreign country or instrumentality which is a party to the World Trade Organization Agreement on Government Procurement (GPA) and suppliers of such products.

With respect to Korea, this waiver shall be applied by all entities listed in the Schedule of the U.S. in Annex 17-A of KORUS.

Korea to Reciprocate Competitive Gov't Procurement Opportunities to U.S. Suppliers

The Republic of Korea in turn will provide reciprocal competitive government procurement opportunities to U.S. products and suppliers of such products, which are greater than the reciprocal competitive government procurement opportunities the Republic of Korea provides to United States products and suppliers of such products under the GPA. The Republic of Korea’s commitment to provide such reciprocal competitive procurement opportunities constitutes an independent basis for its designation as a country that provides appropriate reciprocal competitive government procurement opportunities to the U.S. for the purpose of section 301(1) of the Trade Agreements Act.

(See ITT's Online Archives 12022219 for summary of USTR announcing that KORUS will take effect on March 15, 2012.)

USTR Contact -- Jean Heilman Grier (202) 395-9476

(FR Pub 03/02/12)