Whereas the GPA, signed into force in 1994, establishes an
agreed framework of rights and obligations among its parties with respect to
their national laws, regulations, procedures, and practices in the area of
government procurement;
Whereas it is classified as a “plurilateral” agreement in
accordance with Annex 4 of the Marrakesh Agreement Establishing the World Trade
Organization (WTO) and does not include all member states of the WTO, the
Government Procurement Agreement (GPA) represents an elite trading body;
Whereas the GPA maintains beneficial relationships between
its parties through its scope being expanded to incorporate a series of
bilateral agreements between individual parties (Article XXIV: 6);
Whereas in order to maintain the fair plurilateral and
cooperative nature of the Agreement, in addition to promoting economic growth
between parties, special rules and procedures have been enacted;
Whereas of particular interest is the provision
disallowing “cross-retaliation”, the suspension of concessions or other
obligations under the GPA as a result of disputes arising under the other WTO
Agreements because of any dispute arising under the GPA (Article XXII:
7);
Whereas in an effort to promote fair trading practices,
the GPA has established a domestic bid challenge system, giving suppliers,
believing that procurement has been handled inconsistently with the
requirements of the GPA, a right of recourse to an independent domestic
tribunal in which parties may confer the authority to hear challenges by
suppliers in national courts or in an impartial and independent review body
(Article XX);
Whereas in order to maintain transparency within the WTO,
each government must collect and provide to the other parties statistics on its
procurement covered by the Agreement, in addition to the general requirement of
publishing laws, regulations, judicial decision, administrative rulings, et al.
(Article XIX: 5); and
Whereas all members of the GPA have shown their dedication
to promoting the global economy through the maintenance of these upstanding
ideals: Now, therefore, be it
That the House of
Representatives—
(1)extends congratulations and welcomes
Chinese Taipei into the Government Procurement Agreement (GPA);
(2)encourages Chinese
Taipei to uphold the standards set forth by the GPA in an effort to promote and
maintain good and beneficial economic relations between WTO member states; and
(3)strongly
encourages Chinese Taipei and its government-owned entities to recognize and
comply with international arbitration agreements and arbitration awards as
provided in the Treaty of Friendship, Commerce and Navigation of 1978.