Consolidated TPP Text – Annex 15-A – Schedule of Japan

Section A: Central Government Entities

Thresholds:

Goods

100,000 SDR

Construction services

4,500,000 SDR

Architectural, engineering and other technical services covered by Chapter 15 (Government Procurement)

450,000 SDR

Other services

100,000 SDR

List of Entities:

All entities covered by the Accounts Law (会計法) (Law No. 35 of 1947) as follows:

Notes to Section A

Entities covered by the Accounts Law include all their internal subdivisions, independent organs and other organisations and local branch offices provided for in the National Government Organization Law(国家行政組織法) (Law No. 120 of 1948) and the Law establishing the Cabinet Office(内閣府設置法) (Law No. 89 of 1999).

Section B: Sub-Central Government Entities

Thresholds:

Goods

200,000 SDR

Construction Services

15,000,000 SDR

Architectural, engineering and other technical services covered by Chapter 15 (Government Procurement)

1,500,000 SDR

Other services

200,000 SDR

List of Entities:

All prefectural governments entitled “To (都)”, “Do (道)”, “Fu (府)” and “Ken (県)”, and all designated cities entitled “Shitei-toshi (指定都市)”, covered by the Local Autonomy Law (地方自治法) (Law No. 67 of 1947) as follows:

Notes to Section B

1. For Malaysia, Mexico, New Zealand, United States and Viet Nam, Chapter 15 (Government Procurement) shall not apply to procurement by entities listed in Section B.

2. “To (都)”, “Do (道)”, “Fu ()”, “Ken (県)” and “Shitei-toshi (指定都市)” covered by the Local Autonomy Law include all internal subdivisions, attached organisations and branch offices of all their governors or mayors, committees and other organisations provided for in the Local Autonomy Law.

3. Chapter 15 (Government Procurement) shall not cover contracts which the entities award for the purpose of their daily profit-making activities which are exposed to competitive forces in markets. This note shall not be used in a manner which circumvents the provisions of Chapter 15 (Government Procurement).

4. Procurement related to operational safety of transportation is not covered.

5. Procurement related to the production, transport or distribution of electricity is not covered.

Section C: Other Entities

Thresholds:

Goods

130,000 SDR

Construction Services for Japan Post Holdings Company Limited (日本郵政株式会社), Japan Post Company Limited (日本郵便株式会社), Japan Post Bank Company Limited (株式会社ゆうちょ銀行), Japan Post Insurance Company Limited (株式会社かんぽ生命保険), and Management Organization for Postal Savings and Postal Life Insurance (独立行政法人郵便貯金・簡易生命保険管理機構) in Group A

4,500,000 SDR

Construction Services for all other entities in Group A

15,000,000 SDR

Construction Services for entities in Group B

4,500,000 SDR

Architectural, engineering and other technical services covered by Chapter 15 (Government Procurement)

450,000 SDR

Other service

130,000 SDR

List of Entities:

Group A

Group B

Notes to Section C

1. Chapter 15 (Government Procurement) shall not cover contracts which the entities in Group A award for the purpose of their daily profit-making activities which are exposed to competitive forces in markets.  This note shall not be used in a manner which circumvents the provisions of Chapter 15 (Government Procurement).

2. Notes to specific entities:

Section D: Goods

1. Chapter 15 (Government Procurement) covers procurement of all goods by the entities listed in Sections A through C, unless otherwise specified in this Agreement.

2. Chapter 15 (Government Procurement) covers procurement by the Ministry of Defense of the following Federal Supply Classification (FSC) categories subject to the Japanese Government determinations under Article 29.2 (Security Exceptions):

FSC Description

Section E: Services

Chapter 15 (Government Procurement) covers the following services, which are identified in accordance with the United Nations Provisional Central Product Classification (CPC) 1991, as well as document MTN.GNS/W/120 for Telecommunications services:

(United Nations Provisional Central Product Classification (CPC), 1991)

Telecommunications services
 MTN.GNS/W/120Corresponding CPC
2.C.h.7523Electronic mail;
2.C.i.7521Voice mail;
2.C.j.7523On-line information and data base retrieval;
2.C.k.7523Electronic data interchange (EDI);
2.C.l.7529Enhanced facsimile services;
2.C.m.7523Code and protocol conversion; and
2.C.n.7523On-line information or data processing (including transaction processing)

83106 to 83108 Leasing or rental services concerning agricultural machinery and equipment without operator (Note 5)

83203 Leasing or rental services concerning furniture and other household Appliances (Note 5)

83204 Leasing or rental services concerning pleasure and leisure equipment (Note 5)

83209 Leasing or rental services concerning other personal or household goods (Note 5)

84 Computer and related services

864 Market research and public opinion polling services

865 Management consulting services (Note 5)

866 Services related to management consulting (except 86602 Arbitration and conciliation services) (Note 5)

867 Architectural, engineering and other technical services (Note 3)

871 Advertising services

87304 Armoured car services

874 Building-cleaning services

876 Packaging services (Note 5)

8814 Services incidental to forestry and logging, including forest management

88442 Publishing and printing services (Note 4)

886 Repair services incidental to metal products, machinery and equipment

921 Primary education services

922 Secondary education services

923 Higher education services

924 Adult education services

94 Sewage and refuse disposal, sanitation and other environmental protection services

9611 Motion picture and video tape production and distribution services (except 96112 Motion picture or video tape production services)

Notes to Section E

1. Maintenance and repair services are not covered with respect to those motor vehicles, motorcycles and snowmobiles which are specifically modified and inspected to meet regulations of the entities.

2. Courier services are not covered with respect to letters.

3. Architectural, engineering and other technical services related to construction services, with the exception of the following services when procured independently, are covered:

4. Publishing and printing services are not covered with respect to materials containing confidential information.

5. With respect to the following services, Chapter 15 (Government Procurement) shall not cover procurement by the entities listed in Sections B and C:

ProcurementServices
CPC 642Food serving services
CPC 643Beverage serving services
CPC 83106 to 83108Leasing or rental services concerning agricultural machinery and equipment without operator
CPC 83203Leasing or rental services concerning furniture and other household Appliances
CPC 83204Leasing or rental services concerning pleasure and leisure equipment
CPC 83209Leasing or rental services concerning other personal or household goods
CPC 865Management consulting services
CPC 866Services related to management consulting (except 86602 Arbitration and conciliation services)
CPC 876Packaging services

Section F: Construction Services

List of Division 51, United Nations Provisional Central Product Classification (CPC) 1991:

All services listed in Division 51.

Note to Section F

Procurement with regard to a construction project within the scope of the Act on Promotion of Private Finance Initiative (民間資金等の活用による公共施設等の整備等の促進に関する法律) (Law No. 117 of 1999) as of 30 November 2011 is covered.

Section G: General Notes

1. Chapter 15 (Government Procurement) does not cover contracts to be awarded to co-operatives or associations in accordance with laws and regulations existing on the date of entry into force of this Agreement for Japan.

2. Except as otherwise provided for in the Note to Section F, procurement with regard to a project within the scope of the Act on Promotion of Private Finance Initiative (Law No. 117 of 1999) as of 10 December 2010 is covered.

Section H: Threshold Adjustment Formula

1. The thresholds shall be adjusted in every even-numbered year with each adjustment taking effect on April 1, beginning on April 1 of the first even-numbered year after the date of entry into force of this Agreement for Japan.

2. Every two years, Japan shall calculate and publish the value of the thresholds under this Schedule expressed in Yen. These calculations shall be based on the conversion rates published by the International Monetary Fund in its monthly International Financial Statistics.

3. The conversion rates shall be the average of the daily values of the Yen in terms of the Special Drawing Rights (SDR) over the two-year period preceding January 1 of the year in which the adjusted thresholds are to take effect.

4. Japan shall notify the other Parties of the current thresholds in its currency immediately after the date of entry into force of this Agreement for Japan, and the adjusted thresholds in its currency thereafter in a timely manner.

5. Japan shall consult if a major change in its national currency relative to the SDR or to the national currency of another Party were to create a significant problem with regard to the application of Chapter 15 (Government Procurement).

Section I: Procurement Information

1. Electronic or paper media which publishes the information described in Article 15.6.1 (Publication of Procurement Information) pursuant to Article 15.6.2 (Publication of Procurement Information).

2. Electronic or paper media which publishes the notices required by Article 15.7 (Notices of Intended Procurement), Article 15.9.3 (Qualification of Suppliers) and Article 15.16.3 (Post-Award Information) pursuant to Article 15.6.2 (Publication of Procurement Information).

Section J: Transitional Measures

None.

Date Modified: