China’s New Investment Guidelines: Procurement

China issued new investment guidelines in mid-August in a bid to attract more foreign capital and improve its foreign investment environment. One of the 24 guidelines addresses government procurement. This post considers three elements of the procurement

US-China Business Council on Procurement in China

The US-China Business Council (USCBC) has issued a report that details the growing challenges faced by U.S. companies in participating in procurement by Chinese government entities and state-owned enterprises (SOEs). The primary challenges include

China: Revising Government Procurement Law

On December 8th, China’s Ministry of Finance invited public comments (by January 5, 2021) on its proposed revision of the Government Procurement Law (GPL), one of its primary procurement laws. The proposal seeks, inter alia, to promote the integration of

China: Revising Tendering and Bidding Law

China has proposed major revisions of its Tendering and Bidding Law (TBL), one of its main procurement laws and the de facto law that applies to procurement by state-owned enterprises (SOEs). The TBL imposes uniform

China’s Foreign Investment Law: Opens Procurement

On January 1, 2020, China implemented a new Foreign Investment Law (FIL) along with implementing regulations. The Law, adopted by the National People’s Congress in March 2019, was designed to ease restrictions on foreign firms’ operations in China and

China’s New GPA Offer: Enhances Accession Prospects

In October, China submitted a new, long-awaited offer in its negotiations to join the WTO Government Procurement Agreement (GPA). Its new offer demonstrates that it is serious in moving its accession toward completion. It includes significant improvements,

China’s 2018 WTO Trade Policy Review: Procurement Highlights

The WTO conducted its 7th review of China’s trade policies in July. The biannual Trade Policy Review (TPR) provided WTO members with an opportunity to take a close look at China’s trade and economic policies and developments since its last review

2018 Government Procurement: Preview of Issues

In its first year, the Trump administration provided a broad indication of its approach to government procurement in international agreements, calling for a report aimed at strengthening Buy American requirements and revising the U.S. determination of

Do Open Markets Decrease China’s Incentive to Join GPA?

December will mark the 10th year since China began negotiations to join the WTO Government Procurement Agreement (GPA). In the ensuing years, it has submitted six offers, with its latest offer tabled three years ago. While GPA parties continue to press it to

China’s Trade Policy Review: Government Procurement

In July, the WTO conducted its 6th review of China’s trade policies and practices. This post examines elements of the Trade Policy Review (TPR) that relate to China’s negotiations to join the WTO Government Procurement Agreement (GPA). It examines the

WTO GPA Update #7

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This post highlights recent activities related to the WTO Government Procurement Agreement (GPA), in particular, Moldova’s accession, the June meeting of the WTO GPA committee and the update of the WTO’s e-GPA Portal. It also notes Russia’s

WTO GPA Update #5

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The WTO Committee on Government Procurement (Committee) has issued its annual report (GPA/134). In that report, it took stock of the status of accessions to the WTO Government Procurement Agreement (GPA), its work programs and development of arbitration

China’s Prospects for GPA Accession

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Publication: An article, What are the Prospects for Concluding Work on China’s GPA Accession in 2015?” has been published in the Public Procurement Law Review (24 PPLR, Issue 6 (Nov. 2015)). The article examines three key questions that the parties to the

WTO GPA Update #4

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  2015 is marking a substantial expansion of the WTO Government Procurement Agreement (GPA). Two WTO members (Montenegro and New Zealand) were added to its roster; a third country (Moldova) has just been approved for membership; another (Ukraine) is

WTO GPA Symposium

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On September 17 and 18, the World Trade Organization (WTO) is presenting a symposium on “The Revised WTO Agreement on Government Procurement (GPA): an Emerging Pillar of Twenty-first Century Trade and Development” at the WTO headquarters in Geneva,

China Removes Foreign IT Products from Procurement List

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According to a recent report by Reuters, the Chinese Government has significantly reduced the number of foreign products on its central government procurement list. In its analysis, Reuters found that products of top U.S. technology companies, including

Progress in Expanding GPA

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At a meeting on February 11, 2015, the WTO Committee on Government Procurement (Committee) reported progress in negotiations to expand the membership of the WTO Government Procurement Agreement (GPA). Of the WTO members currently engaged in negotiating

China’s 2014 Offer Advances GPA Accession

China’s latest offer moves toward coverage commensurate with the GPA parties.  China advanced its negotiations to join the Government Procurement Agreement (GPA) with the recent submission of its 6th offer. That offer, submitted in late December, was in

2014 International Procurement Developments

In 2014, the major developments in international procurement centered on the WTO Government Procurement Agreement. In 2014, the implementation of a major revision of the WTO Government Procurement Agreement (GPA) was the most significant development. In

China’s GPA Accession: U.S. Industry Identifies Deficiencies

The American Chamber of Commerce in China has pointed out deficiencies in China’s GPA offers that will need to be addressed to bring the procurement China will cover under the GPA to the level of other parties. As noted in an earlier posting, China

Modest Improvements in China’s 2013 GPA Offer, Obstacles Remain

Despite some improvements, China’s latest GPA offer has only slightly narrowed the gap with the coverage of current GPA Parties.   A recent posting outlined China’s slow progress over the past 12 years to meet its 2001 WTO commitment to join the

Will China’s Negotiations to Accede to the GPA Conclude in 2014?

In 2014, China should fulfill its WTO commitment to join the Government Procurement Agreement.  At the 24th U.S.-China Joint Commission on Commerce and Trade (JCCT) in December, China committed to “accelerate” its negotiations to accede to the WTO

International Government Procurement Developments in 2013

The international procurement system made modest gains in 2013 with promises for more progress in 2014. For the United States, the primary developments in international procurement centered on the negotiations of two major regional trade agreements.  The