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Korea-Singapore Free Trade Agreement (KSFTA)

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ANNEX 16A : COVERAGE OF GOVERNMENT PROCUREMENT Appendix 16A.1 : List of Entities

Schedule 1 : Central Government Entities which Procure in Accordance with

Chapter 16 (Government Procurement) and its Annexes


  1. Thresholds

Supplies

Specified in Schedule 1 of Appendix 16A.2

Thresholds SDR 100,000


Services

Services in Schedule 2 of Appendix 16A.2

Thresholds SDR 100,000


Construction Services

Specified in Schedule 3 of Appendix 16A.2

Thresholds SDR 5,000,000


  1. Korea’s List of Central Government Entities

- Board of Audit and Inspection

- Office of the Prime Minister

- Office for Government Policy Coordination

- Ministry of Gender Equality

- Ministry of Finance and Economy

- Ministry of Planning and Budget

- Financial Supervisory Commission

- Ministry of Unification

- Ministry of Government Administration and Home Affairs

- Civil Service Commission

- Ministry of Science and Technology

- Government Information Agency

- Government Legislation Agency

- Patriots and Veterans Administration Agency

- Ministry of Foreign Affairs and Trade

- Ministry of Justice

- Ministry of National Defense

- Ministry of Education and Human Resources Development

- Ministry of Culture and Tourism

- Cultural Properties Administration

- Ministry of Agriculture and Forestry

- Ministry of Commerce, Industry and Energy

- Ministry of Health and Welfare

- Food and Drug Administration

- Ministry of Labor

- Ministry of Construction and Transportation

- Ministry of Maritime Affairs and Fisheries

- Ministry of Information and Communications


2


- Ministry of Environment

- Public Procurement Service (limited to purchases for entities in this list only. Regarding procurement for entities in Schedule 2 and Schedule 3 in this list, the coverages and thresholds for such entities thereunder shall be applied.)

- National Tax Service

- Customs Service

- National Statistical Office

- Korea Meteorological Administration

- National Police Agency (except purchases for the purpose of maintaining public order)

- Supreme Public Prosecutors' Office

- Military Manpower Administration

- Rural Development Administration

- Forest Service

- Korean Intellectual Property Office

- Small and Medium Business Administration

- Korea National Railroad Administration (The Korean Government plans to change the NRA into a public corporation, in which case the Korean Government has the right to transfer the NRA from Schedule 1 to Schedule 3 without any consultation and/or compensatory measures.)

- National Maritime Police Agency (except purchases for the purpose of maintaining public order)


  1. Singapore’s List of Central Government Entities

- Auditor-General's Office

- Attorney-General's Office

- Cabinet Office

- Istana

- Judicature

- Ministry of Transport

- Ministry of Community Development and Sports

- Ministry of Education

- Ministry of Environment

- Ministry of Finance

- Ministry of Foreign Affairs

- Ministry of Health

- Ministry of Home Affairs

- Ministry of Information, Communications and the Arts

- Ministry of Manpower

- Ministry of Law

- Ministry of National Development

- Ministry of Trade and Industry

- Parliament

- Presidential Councils

- Prime Minister's Office

- Public Service Commission

- Ministry of Defence


This Chapter will generally apply to purchases by the Singapore Ministry of


3


Defence of the following FSC categories (others being excluded) subject to the Government of Singapore's determinations under the provision of paragraph 1 of Article XXIII, the GPA.


FSC Description

  1. Railway Equipment
  2. Ground Effect Vehicles, Motor Vehicles, Trailers and Cycles
  3. Tractors
  4. Vehicular Equipment Components
  5. Tires and Tubes
  6. Engine Accessories
  7. Mechanical Power Transmission Equipment
  8. Bearings
  9. Woodworking Machinery and Equipment
  10. Metalworking Machinery
  11. Service and Trade Equipment
  12. Special Industry Machinery
  13. Agricultural Machinery and Equipment
  14. Construction, Mining, Excavating and Highway Maintenance Equipment
39
Materials Handling Equipment

40
Rope, Cable, Chain and Fittings

41
Refrigeration, Air Conditioning and Air Circulating Equipment

42
Fire Fighting, Rescue and Safety Equipment

43
Pumps and Compressors

44
Furnace, Steam Plant and Drying Equipment

45
Plumbing, Heating and Sanitation Equipment

46
Water Purification and Sewage Treatment Equipment

47
Pipe, Tubing, Hose and Fittings

48
Valves

51
Hand-tools

52
Measuring Tools

53
Hardware and Abrasives

54
Prefabricated Structures and Scaffolding

55
Lumber, Millwork, Plywood and Veneer

56
Construction and Building Materials

61
Electric Wire, and Power and Distribution Equipment

62
Lighting, Fixtures and Lamps

63
Alarm, Signal and Security Detection Systems

65
Medical, Dental and Veterinary Equipment and Supplies

67
Photographic Equipment

68
Chemicals and Chemical Products

69
Training Aids and Devices

70
General Purpose Automatic Data Processing Equipment, Software, Supplies
and

Support Equipment

71
Furniture

72
Household and Commercial Furnishings and Appliances

73
Food Preparation and Serving Equipment

  1. Office Machines, Text Processing Systems and Visible Record Equipment
  2. Office Supplies and Devices
  3. Books, Maps and other Publications

4


  1. Musical Instruments, Phonographs and Home-Type Radios
  2. Recreational and Athletic Equipment
  3. Cleaning Equipment and Supplies
  4. Brushes, Paints, Sealers and Adhesives
  5. Containers, Packaging and Packing Supplies
  6. Textiles, Leather, Furs, Apparel and Shoe Findings, Tents and Flags
  7. Clothing, Individual Equipment, and Insignia
  8. Toiletries
  9. Agricultural Supplies
  10. Live Animals
  11. Subsistence
  12. Fuels, Lubricants, Oils and Waxes
  13. Non-metallic Fabricated Materials
  14. Non-metallic Crude Materials
  15. Metal Bars, Sheets and Shapes
  16. Ores, Minerals, and their Primary Products
  17. Miscellaneous
  18. Notes to Schedule 1 of Appendix 16A.1

For Korea


  1. The above central government entities include their subordinate linear organizations, special local administrative organs, and attached organs as prescribed in the Government Organization Act of Korea.

2. Chapter 16 (Government Procurement) and its Annexes do not apply to the products and services procured with a view to sale or to resale or to use in the production of goods or provision of services for sale.


3. Chapter 16 (Government Procurement) and its Annexes do not apply to the single tendering procurement including set-asides for small- and medium-sized businesses according to the Act Relating to Contracts to which the State is a Party and its Presidential Decree, and the procurement of agricultural, fishery and livestock products according to the Food-grain Management Law, the Law Concerning Marketing and Price Stabilization of Agricultural and Fishery Products, and the Livestock Law.


4. The Defense Logistics Agency shall be considered as part of the Ministry of National Defense. Subject to the decision of the Korean Government under the provisions of paragraph 1, Article XXIII of the GPA, for MND purchases, this Agreement will generally apply to the following FSC categories only, and for services and construction services listed in Schedule 2 and Schedule 3 of Appendix 16A.2, it will apply only to those areas which are not related to national security and defense.


  1. Description
  1. Vehicular cab, body, and frame structural components
  2. Vehicular power transmission components
  3. Vehicular furniture and accessories

5


  1. Miscellaneous vehicular components
  2. Tires and tubes, pneumatic, non-aircraft
  3. Engine fuel system components, non-aircraft
  4. Engine electrical system components, non-aircraft
  5. Engine cooling system components, non-aircraft
  6. Engine air and oil filters, strainers and cleaners, non-aircraft
  7. Miscellaneous engine accessories, non-aircraft
  8. Gears, pulleys, sprockets and transmission chain
  9. Lathes
  10. Milling machines
  11. Laundry and dry cleaning equipment
  12. Refrigeration equipment
  13. Decontaminating and impregnating equipment
  14. Space heating equipment and domestic water heaters
  15. Miscellaneous maintenance and repair shop specialized equipment
  16. Hand tools, non-edged, non-powered
  17. Prefabricated and portable buildings
  18. Plywood and veneer
  19. Fencing, fences and gates
  20. Relays and solenoids
  21. Headsets, handsets, microphones and speakers
  22. Antennae, waveguide, and related equipment
  23. Cable, cord, and wire assemblies: communication equipment
  24. Drugs and biologicals
  25. Electric vehicular lights and fixtures
  26. Pest control agents disinfectants
  27. Miscellaneous chemical, specialties
  28. Food cooking, baking, and serving equipment
  29. Kitchen equipment and appliances
  30. Kitchen hand tools and utensils
  31. Table ware
  32. Sets, kits, outfits, and modules food preparation and serving
  33. Stationery and record forms
  34. Brooms, brushes, mops, and sponges
  35. Cleaning and polishing compounds and preparations
  36. Drums and cans
    1. Oils and greases: cutting, lubricating, and hydraulic
    2. Paper and paperboard

For Singapore


  1. Chapter 16 (Government Procurement) and its Annexes shall not apply to any procurement in respect of:

(a) construction contracts for chanceries abroad and headquarters buildings made by the Ministry of Foreign Affairs; and


(b) contracts made by the Internal Security Department, Criminal Investigation Department, Security Branch and Central Narcotics Bureau of the Ministry of Home Affairs as well as procurement that have security considerations made by


6


the Ministry.


  1. Chapter 16 (Government Procurement) and its Annexes shall not apply to any procurement made by a covered entity on behalf of a non-covered entity.

7


Schedule 2 : Sub-Central Government Entities which Procure in Accordance with

Chapter 16 (Government Procurement) and its Annexes


  1. Thresholds

Supplies

Specified in Schedule 1 of Appendix 16A.2

Thresholds SDR 200,000


Services

Services in Schedule 2 of Appendix 16A.2

Thresholds SDR 200,000


Construction Services

Specified in Schedule 3 of Appendix 16A.2


The current GPA thresholds for construction services will be maintained as an interim measure until the matter on the common thresholds has been resolved at the review meeting provided in this Agreement provided under Article 22.1. At this


meeting, the WTO GPA revision on the thresholds may be considered.


2.

Korea’s List of Sub-Central Government Entities

-
Seoul Metropolitan Government

-
City of Busan

-
City of Daegu

-
City of Incheon

-
City of Gwangju

-
City of Daejon

-
Kyonggi-do

-
Gangwon-do

-
Chungcheongbuk-do

-
Chungcheongnam-do

-
Gyeongsangbuk-do

-
Gyeongsangnam-do

-
Jeollabuk-do

-
Jeollanam-do

-
Jeju-do


3.

Singapore’s List of Sub-Central Government Entities



Not applicable for Singapore (Singapore does not have any

Sub-Central

Government)


  1. Notes to Schedule 2 of Appendix I

For Korea


8


  1. The above sub-central administrative government entities include their subordinate organizations under direct control and offices as prescribed in the Local Autonomy Law of the Republic of Korea.
  2. Chapter 16 (Government Procurement) and its Annexes do not apply to the products and services procured with a view to sale or to resale or to use in the production of goods or provision of services for sale.
  3. Chapter 16 (Government Procurement) and its Annexes do not apply to the single tendering procurement including set-asides for small-and-medium-sized businesses according to the Local Finance Law and its Presidential Decree.

Schedule 3 : All other Entities which Procure in Accordance with the Provisions of

Chapter 16 (Government Procurement) and its Annexes


  1. Thresholds

Supplies

Specified in Schedule 1 of Appendix 16A.2

Thresholds SDR 400,000


Services

Specified in Schedule 2 of Appendix 16A.2


The current GPA position for the services and services’ thresholds of Schedule 3 entities will be maintained as an interim measure until the services and services’ thresholds matter on Schedule 3 entities have been resolved at the review meeting of this Agreement provided under Article 22.1. At this meeting, the WTO-GPA revision on the thresholds may be considered.


Construction Services

Specified in Schedule 3 of Appendix 16A.2


The current GPA thresholds for construction services will be maintained as an interim measure until the matter on the common thresholds has been resolved at the review meeting of this Agreement provided under Article 22.1. At this meeting, the WTO GPA revision on the thresholds may be considered.


  1. Korea’s List of All Other Entities

- Korea Development Bank

- Industrial Bank of Korea

- Korea Minting and Security Printing Corporation

- Korea Electric Power Corporation (except purchases of products in the categories of

HS Nos. 8504, 8535, 8537 and 8544)

- Korea Coal Corporation

- Korea Resources Corporation

- Korea National Oil Corporation

- Korea General Chemical Corporation

- Korea Trade-Investment Promotion Agency


9


- Korea Highway Corporation

- Korea National Housing Corporation

- Korea Water Resources Corporation

- Korea Land Corporation

- Korea Agriculture and Rural Infrastructure Corporation

-
Agricultural and Fishery Marketing Corporation

-
Korea National Tourism Organization

-
Korea Labor Welfare Corporation

-
Korea Gas Corporation

-
*Korea Telecom (except purchases of common telecommunications
commodity

products and telecommunications network equipment)


* Korea has applied to remove this entity at the WTO-GPA level. When the entity has been removed at WTO GPA level, it would also be removed from the list in this Annex.


  1. Singapore’s All Other Entities

- Agency for Science, Technology and Research

- Board of Architects

- Civil Aviation Authority of Singapore

- Building and Construction Authority

- Economic Development Board

- Housing and Development Board

- Info–communications Development Authority of Singapore

- Inland Revenue Authority of Singapore

- International Enterprise Singapore

- Land Transport Authority of Singapore

- Jurong Town Corporation

- Maritime and Port Authority of Singapore

- Monetary Authority of Singapore

- Nanyang Technological University

- National Parks Board

- National University of Singapore

- Preservation of Monuments Board

- Professional Engineers Board

- Public Transport Council

- Sentosa Development Corporation

- Singapore Broadcasting Authority

- Singapore Tourism Board

- Standards, Productivity and Innovation Board

- Urban Redevelopment Authority


  1. Notes to Schedule 3 of Appendix 16A.1

For Korea


  1. Chapter 16 (Government Procurement) and its Annexes do not apply to the single tendering procurement including set-asides for small- and medium-sized businesses according to the Government Invested Enterprise Management Law and Accounting

10


Regulations on Government Invested Enterprise.


  1. Chapter 16 (Government Procurement) and its Annexes do not apply to the products and services procured with a view to sale or to resale or to use in the production of goods or provision of services for sale.

For Singapore


  1. Chapter 16 (Government Procurement) and its Annexes shall not apply to any procurement made by a covered entity on behalf of a non-covered entity.

Appendix 16A.2 : Scope of Supplies, Services and Construction Services


Schedule 1 : Supplies


  1. For Korea

Subject to the General Notes to Korea in the GPA, Chapter 16 (Government Procurement) and its Annexes apply to all supplies covered unless otherwise specified in Schedules 1 through 3 of Appendix 16A.1.


  1. For Singapore

This Chapter applies to all goods covered under Singapore’s Appendix I, unless otherwise specified in Schedules 1 through 3 of Appendix 16A.1.


11


Schedule 2 : Services (other than construction services)


1. For Korea


Chapter 16 (Government Procurement) and its Annexes apply to the following services of the Universal List of Services, as contained in document MTN.GNS/W/120

(other services are to be excluded):


GNS/W/120
CPC
Description
1.A.b.
862
Accounting, auditing and bookkeeping services
1.A.c.
863
Taxation services
1.A.d.
8671
Architectural services
1.A.e.
8672
Engineering services
1.A.f.
8673
Integrated engineering services
1.A.g.
8674
Urban planning and landscape architectural services
1.B.a.
841
Consultancy services related to the installation of

computer hardware

1.B.b. 842 Software implementation services

1.B.c. 843 Data processing services

1.B.d. 844 Data base services

1.B.e. 845 Maintenance and repair services of office machinery and equipment (including computers)

1.E.a. 83013 Rental/leasing services without operators relating to

ships

1.E.b. 83104 Rental/leasing services without operators relating to aircraft

1.E.c. 83101, 83105* Rental/leasing services without operators relating to other transport equipment (only passenger vehicles for less than fifteen passengers)


1.E.d. 83106, 83108,

83109

Rental/leasing services without operators relating to other machinery and equipment


  1. Rental/leasing services without operator relating to construction machinery and equipment

1.F.a. 8711, 8719 Advertising agency services

1.F.b. 864 Market research and public opinion polling services

1.F.c. 865 Management consulting services

1.F.d. 86601 Project management services

1.F.e. 86761* Composition and purity testing and analysis services

(only inspection, testing and analysis services of air, water, noise level and vibration level)

  1. Technical inspection services

1.F.f. 8811*, 8812* Consulting services relating to agriculture and animal husbandry

8814* Services incidental to forestry (excluding aerial fire fighting and disinfection)

1.F.g. 882* Consulting services relating to fishing

1.F.h. 883* Consulting services relating to mining

1.F.m. 86751, 86752 Related scientific and technical consulting services


12


GNS/W/120 CPC Description


1.F.n. 633, 8861

8862, 8863

8864, 8865

8866

Maintenance and repair of equipment


1.F.p. 875 Photographic services

1.F.q. 876 Packaging services

1.F.r. 88442* Printing (screen printing, gravure printing, and services relating to printing)

1.F.s. 87909* - Stenography services

- Convention agency services

1.F.t. 87905 Translation and interpretation services

2.C.j. 7523* On-line information and data-base retrieval

2.C.k. 7523* Electronic data interchange

2.C.l. 7523* Enhanced/value-added facsimile services including store and forward, store and retrieve

2.C.m. - Code and protocol conversion

2.C.n. 843* On-line information and/or data processing (including transaction processing)

2.D.a. 96112*, 96113* Motion picture and video tape production and distribution services (excluding those services for cable TV broadcasting)

2.D.e. - Record production and distribution services (sound recording)

6.A. 9401* Refuse water disposal services (only collection and treatment services of industrial waste water)

6.B. 9402* Industrial refuse disposal services (only collection,

transport, and disposal services of industrial refuse)

6.D. 9404*, 9405* Cleaning services of exhaust gases and noise abatement services (services other than construction work services)

9406*, 9409* Environmental testing and assessment services (only

environmental impact assessment services)

11.A.b.
7212*
International transport, excluding cabotage

11.A.d.
8868*
Maintenance and repair of vessels

11.F.b.
71233*
Transportation of containerized freight,
excluding


cabotage

11.H.c
748*
Freight transport agency services

- Maritime agency services

- Maritime freight forwarding services

- Shipping brokerage services

- Air cargo transport agency services

- Customs clearance services

11.I. - Freight forwarding for rail transport


Note to Korean Schedule 2 of Appendix 16A.2.

Asterisks (*) designate “part of” as described in detail in the Revised Conditional Offer of the

Republic of Korea Concerning Initial Commitments on Trade in Services.


  1. For Singapore

13


The following services as contained in document MTN.GNS/W/120 are offered

(others being excluded):


CPC
Description

641-643
Hotels and Restaurants (incl. catering)

7523
Electronic Mail

7523
Voice Mail

7523
On-Line Information and Database Retrieval

7523
Electronic Data Interchange

74710
Travel Agencies and Tour Operators

7472
Tourist Guide Services

7512
Courier Services

84100
Consultancy Services Related to the Installation of
Computer

Hardware

84210
Systems and Software Consulting Services

843
Data Processing Services

844
Database Services

862
Accounting, Auditing and Book-keeping Services

865
Management Consulting Services

8671
Architectural Services

8672
Engineering Services

874
Building-Cleaning Services

87905
Translation and Interpretation Services

932
Veterinary Services

96112
Motion Picture or Video Tape Production Services

96113
Motion Picture or Video Tape Distribution Services

96121
Motion Picture Projection Services

96122
Video Tape Projection Services

96311
Library Services

-
Biotechnology Services

-
Commercial Market Research

-
Exhibition Services

-
Interior Design Services, Excluding Architecture

- Professional, Advisory and Consulting Services relating to Agriculture, Forestry, Fishing and Mining, Including Oilfield Services


Note to Singapore’s Schedule 2 of Appendix 16A.2

The offer regarding services is subject to the limitations and conditions specified in the Government

of Singapore’s offer under the GATS negotiations.


14


Schedule 3 : Construction Services


  1. For Korea

Chapter 16 (Government Procurement) and its Annexes apply to the following construction services of the Division 51 of the Central Product Classification (other services are to be excluded).


List of construction services offered: CPC Description

  1. Pre-erection work at construction sites
  2. Construction work for buildings
  3. Construction work for civil engineering
  4. Assembly and erection of prefabricated construction
  5. Special trade construction work
  6. Installation work
  7. Building completion and finishing work
  8. For Singapore

The following construction services in the sense of Division 51 of the Central Product Classification as contained in document MTN.GNS/W/120 are offered (others being excluded):


  1. Description
  1. General construction work for buildings
  2. General construction work for civil engineering

514, 516 Installation and assembly work

  1. Building completion and finishing work

511, 515, 518 Others


Note to Singapore’s Annex 3 of Appendix 16A.2


  1. The offer regarding construction services is subject to the limitations and conditions specified in the Government of Singapore’s offer under the GATS negotiations.

15


Appendix 16A.3 : General Notes


NIL