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GENERAL NOTES

2014年01月15日 13:26 来源:打印

AND DEROGATIONS FROM THE PROVISIONS OF ARTICLE III


1. The Principality of Liechtenstein will not extend the benefits of this Agreement: 

 - as regards the award of contracts by entities listed in Annex 2 to the suppliers and service providers of Canada and the United States of America,

 - as regards the award of contracts by entities listed in Annex 3 in the following sectors: 
  - water:  to the suppliers and service providers of Canada and the United States of America;

  - electricity:  to the suppliers and service providers of Canada, Japan and the United States of America;

  - urban transport:  to the suppliers and service providers of Canada, Israel, Japan, Korea and the United States of America

 until such time as the Principality of Liechtenstein has accepted that the Parties concerned give comparable and effective access for undertakings of the Principality of Liechtenstein to the relevant markets; 

 - to service providers of Parties which do not include service contracts for the relevant entities in Annexes 1 to 3 and the relevant service category under Annexes 4 and 5 in their own coverage. 

2. The provisions of Article XX shall not apply to suppliers and service providers of: 

 - Israel, Japan and Korea in contesting the award of contracts by bodies governed by public law and not having an industrial or commercial character listed in Annex 2, paragraph 2, until such time as the Principality of Liechtenstein accepts that they have completed coverage of sub-central entities; 

 - Canada, Japan, Korea and the United States of America in contesting the award of contracts to a supplier or service provider of Parties other than those mentioned, which are small- or medium-sized enterprises under the relevant provisions of the law of Liechtenstein until such time as the Principality of Liechtenstein accepts that they no longer operate discriminatory measures in favour of certain domestic small and minority businesses;

 - Israel, Japan and Korea in contesting the award of contracts by entities of the Principality of Liechtenstein, whose value is less than the threshold applied for the same category of contracts awarded by these Parties. 

3. Until such time as the Principality of Liechtenstein has accepted that the Parties concerned provide access for suppliers and service providers to their own markets, the Principality of Liechtenstein will not extend the benefits of this Agreement to suppliers and service providers of: 

 - Canada, as regards procurement of FSC 36, 70 and 74 (special industry machinery;  general purpose automatic data processing equipment, software, supplies and support equipment (except 7010 ADPE configurations);  office machines, visible record equipment and ADP equipment); 

 - Canada, as regards procurement of FSC 58 (communications, protection and coherent radiation equipment) and the United States of America as regards air traffic control equipment; 

 - Korea and Israel as regards procurement by entities listed in Annex 3, paragraph (B) as regards procurement of HS Nos 8504, 8535, 8537 and 8544 (electrical transformers, plugs, switches and insulated cables);  and for Israel, HS Nos 8501, 8536 and 902830;  
 - Canada and the United States of America as regards contracts for good or service components of contracts which, although awarded by an entity covered by this Agreement, are not themselves subject to this Agreement. 

4. The Agreement shall not apply to contracts awarded under: 

 - an international agreement and intended for the joint implementation or exploitation of a project by signatory States;

 - the particular procedure of an international organization. 

5. The Agreement shall not apply to procurement of agricultural products made in furtherance of agricultural support programmes and human feeding programmes. 

6. The provision of services, including construction services, in the context of procurement procedures according to this Agreement is subject to the conditions and qualifications for market access and national treatment as will be required by the Principality of Liechtenstein in conformity with its commitments under the GATS. 

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