Trade Agreement Exceptions

Under the Caribbean Basin Trade initiative, the United States Trade Representative has established that acquisitions covered by the WTO amplification should be considered eligible products for final products, building materials and services from Caribbean Basin countries. Pursuant to Section 201(a)(3) of the Dominican Republic-Central America-United States Free Trade Implementation Act (Pub). L. 109-53) (19 U.S.C 4031) when the CAFTA-DR agreement enters into force for a country, that country is no longer a beneficiary country within the meaning of the Caribbean Basin Economic Recovery Act and is therefore no longer included in the definition of “Caribbean Basin Country” for the purposes of the Caribbean Basin Trade Initiative. If the supply is covered by more than one trade agreement, all applicable trade agreements must be complied with simultaneously by following the procedures of the trade agreement, which are considered to be the strictest. For the CFTA, all products are covered, unless this is stated in the “Non-Application” provision of the Government Procurement Chapter or in the Canadian Annex to the Annex to the Specific Exemptions to the Government Procurement Chapter. Generally speaking, international trade agreements cover all products. Only certain goods are covered for the Department of National Defence (DND), the Royal Canadian Police (RCMP) and the Canadian Coast Guard (CGC). For examples: (b) For the application of single trade agreements for individual agencies, see the Agency`s rules. Alberta and Manitoba have also removed exemptions for existing measures or exemptions for future measures. Although they are not applicable to procurement, they are trade-related measures. 2.

The contracting entity shall determine the origin of the services according to the country in which the undertaking providing the services is established. See subsection 25.5 for procedures for the evaluation of supply contracts under trade agreements. [3] Alberta retains the ability to raise legal and commercial challenges against other parties who violate the Constitution or the CFTA. government procurement will be covered by the trade agreement and obligations under the trade agreement will apply. For international trade agreements, the federalities covered are generally identified in the first schedule or section of Canada`s market access plan. Canada`s free trade agreements do not constitute an obstacle to the integration of measures in favour of Indigenous peoples and/or businesses into government procurement. These include purchase obligations under modern comprehensive land claims agreements. For more information on Comprehensive Land Claims Agreements (CLCAs), see 9.35 Modern Contracts.

For more information on the Aboriginal Business Purchasing Strategy (ASSP), see 9.40 Procurement Strategy for Aboriginal Businesses. General Agreement on Trade in Services, art. V, available in [hereinafter the GATS] (which provides that the GATS “shall not prevent any of its members from being a party to or entering into an agreement on the liberalization of services between the parties or between the parties to such an agreement”.) . . . .

About the Author