Chapter 11: Government Procurement – Text of the 2023 Canada - Ukraine Free Trade Agreement
Article 11.1: Incorporation and Application of Certain Provisions of the GPA 2012
1. Articles I to IV, VI to XV, XVI(1) to XVI(3), and XVII to XVIII set forth in the Annex to the Protocol Amending the Agreement on Government Procurement, done at Geneva on 30 March 2012, (“GPA 2012”) are incorporated into and made part of this Agreement.
2. The articles of the GPA 2012 incorporated into this Agreement under paragraph 1, as well as Articles 11.2, 11.3, 11.4 and 11.5, shall apply to the Parties’ annexes to their Market Access Schedule for this Chapter.
3. Further to Article 1.4 (Reference to Other Agreements), amendments to the articles of the GPA 2012 incorporated into this Agreement under paragraph 1 are also incorporated into this Agreement, except as decided by the Parties.
Article 11.2: Environmental, Socio-Economic, and Labour-related Considerations
1. The Parties recognize the role of government procurement in:
- (a) advancing environmental and climate change objectives, including those set out in the Paris Agreement, done in Paris on 12 December 2015;
- (b) creating opportunities for socially or economically disadvantaged groups; and
- (c) promoting internationally recognized labour principles and rights, including those set out in the International Labour Organization Declaration on Fundamental Principles and Rights at Work (1998), as amended in 2022.
2. For greater certainty, a Party, including its procuring entities, may take into account environmental, socio-economic, or labour-related considerations in the procurement process, including through conditions for participation, technical specifications, or evaluation criteria, provided that those considerations are consistent with Article IV(1) and (2) of the GPA 2012 and do not constitute an unnecessary obstacle to international trade.
Article 11.3: Ensuring Integrity in Procurement Practices
1. Each Party shall ensure that criminal, civil, or administrative measures exist to address corruption, fraud, and other wrongful acts in its government procurement.
2. The criminal, civil, or administrative measures may include procedures to debar, suspend, or declare ineligible from participation in a Party’s procurements, for a stated period of time, a supplier that the Party has determined to have engaged in corruption, fraud, or other wrongful acts relevant to a supplier’s eligibility to participate in the Party’s government procurement.
3. Each Party shall adopt or maintain measures to address potential conflicts of interest on the part of those engaged in or having influence over a procurement.
Article 11.4: Facilitation of Participation by Small and Medium Sized Enterprises
1. The Parties recognize the important contribution that small and medium sized enterprises (SMEs) can make to economic growth and employment and, accordingly, the importance of facilitating the participation of SMEs in government procurement.
2. To facilitate participation by SMEs in covered procurement, each Party shall, to the extent possible and if appropriate:
- (a) ensure that information on how to participate in government procurement is readily available;
- (b) endeavour to make all tender documentation available free of charge;
- (c) conduct procurement by electronic means, including through new information and communication technologies;
- (d) consider the size, design, and structure of the procurement, including subcontracting with SMEs; and
- (e) promote prompt payment upon satisfactory provision of the goods or services.
Article 11.5: Cooperation in Government Procurement
1. The Parties recognize the importance of cooperation between them in helping to ensure the effective implementation of this Chapter. Taking into account the available and existing instruments, resources, and mechanisms, the Parties shall, to the extent possible, cooperate and exchange information, including through networks, seminars, and workshops, in matters such as:
- (a) sustainable procurement practices; and
- (b) streamlining and simplifying procurement processes to facilitate the participation of suppliers in government procurement.
Annex 11-A: Market Access Schedule of Canada
Annex 11-A.1: Central Government Entities
Unless otherwise specified, this Chapter covers procurement by entities listed in this Annex, subject to the following thresholds:
Thresholds: 130,000 SDRs - Goods
130,000 SDRs - Services
5,000,000 SDRs - Construction Services
List of Entities:
- Atlantic Canada Opportunities Agency (on its own account)
- Canada Border Services Agency
- Canada Employment Insurance Commission
- Canada Industrial Relations Board
- Canada Revenue Agency
- Canada School of Public Service
- Canadian Centre for Occupational Health and Safety
- Canadian Energy Regulator
- Canadian Food Inspection Agency
- Canadian Human Rights Commission
- Canadian Institutes of Health Research
- Canadian Intergovernmental Conference Secretariat
- Canadian International Trade Tribunal
- Canadian Nuclear Safety Commission
- Canadian Radio-television and Telecommunications Commission (on its own account)
- Canadian Transportation Accident Investigation and Safety Board
- Canadian Transportation Agency (on its own account)
- Civilian Review and Complaints Commission for the Royal Canadian Mounted Police
- Copyright Board
- Correctional Service of Canada
- Courts Administration Service
- Department of Agriculture and Agri-Food
- Department of Canadian Heritage
- Department of Citizenship and Immigration
- Department of Employment and Social Development
- Department of Finance
- Department of Fisheries and Oceans
- Department of Foreign Affairs, Trade and Development
- Department of Health
- Department of Crown-Indigenous Relations and Northern Affairs
- Department of Industry
- Department of Justice
- Department of National Defence
- Department of Natural Resources
- Department of Public Safety and Emergency Preparedness
- Department of Public Works and Government Services (on its own account)
- Department of the Environment
- Department of Transport
- Department of Veterans Affairs
- Department of Western Economic Diversification (on its own account)
- Director of Soldier Settlement
- Director, The Veterans’ Land Act
- Economic Development Agency of Canada for the Regions of Quebec
- Immigration and Refugee Board
- Library and Archives of Canada
- National Battlefields Commission
- National Farm Products Council
- National Research Council of Canada
- Natural Sciences and Engineering Research Council
- Northern Pipeline Agency (on its own account)
- Office of Infrastructure of Canada
- Office of the Auditor General
- Office of the Chief Electoral Officer
- Office of the Commissioner for Federal Judicial Affairs
- Office of the Commissioner of Official Languages
- Office of the Co-ordinator, Department for Women and Gender Equity
- Office of the Governor General’s Secretary
- Office of the Superintendent of Financial Institutions
- Offices of the Information and Privacy Commissioners of Canada
- Parks Canada Agency
- Parole Board of Canada
- Patented Medicine Prices Review Board
- Privy Council Office
- Public Health Agency of Canada
- Public Service Commission
- Public Service Labour Relations and Employment Board
- Registrar of the Supreme Court of Canada
- Registry of the Competition Tribunal
- Royal Canadian Mounted Police
- Royal Canadian Mounted Police External Review Committee
- Shared Services Canada
- Social Sciences and Humanities Research Council
- Statistics Canada
- Transportation Appeal Tribunal of Canada
- Treasury Board of Canada Secretariat
Note to Annex 11-A.1
No entity listed in Annex 11-A.1 has the power to create subordinate entities.
Annex 11-A.2: Other Entities
Unless otherwise specified, this Chapter covers procurement by the entities listed in this Annex, subject to the following thresholds:
Thresholds: 355,000 SDRs - Goods
355,000 SDRs - Services
5,000,000 SDRs - Construction Services
List of Enterprises:
- Canada Post Corporation
- Canadian Museum of History
- Canadian Museum of Nature
- Canadian Tourism Commission
- Defence Construction (1951) Ltd.
- National Capital Commission
- National Gallery of Canada
- National Museum of Science and Technology
- Royal Canadian Mint
- Via Rail Canada Inc.
Notes to Annex 11-A.2
1. For greater certainty, Article XVII(1) of the GPA 2012, incorporated under Article 11.1(1), applies to procurements by Via Rail Canada Inc. and the Royal Canadian Mint, respecting the protection of the commercial confidentiality of information provided.
2. This Chapter does not include procurement by or on behalf of the Royal Canadian Mint of direct inputs for use in minting anything other than Canadian legal tender.
Annex 11-A.3: Goods
1. Unless otherwise specified and subject to paragraph 2, this Chapter covers all goods.
2. This Chapter applies to procurement by the Department of National Defence, the Royal Canadian Mounted Police, and the Department of Fisheries and Oceans for the Canadian Coast Guard, only for the goods described in the Federal Supply Classifications (FSC) listed below:
FSC 22. Railway equipment
FSC 23. Motor vehicles, trailers, and cycles (except buses in 2310 and except military trucks and trailers in 2320 and 2330 and tracked combat, assault, and tactical vehicles in 2350 and wheeled combat, assault, and tactical vehicles in 2355 formerly classified in 2320)
FSC 24. Tractors
FSC 25. Vehicular equipment components
FSC 26. Tires and tubes
FSC 29. Engine accessories
FSC 30. Mechanical power transmission equipment
FSC 32. Woodworking machinery and equipment
FSC 34. Metal working machinery
FSC 35. Service and trade equipment
FSC 36. Special industry machinery
FSC 37. Agricultural machinery and equipment
FSC 38. Construction, mining, excavating, and highway maintenance equipment
FSC 39. Materials handling equipment
FSC 40. Rope, cable, chain and fittings
FSC 41. Refrigeration and air conditioning equipment
FSC 42. Fire fighting, rescue, and safety equipment (except 4220: Marine lifesaving and diving equipment; and 4230: Decontaminating and impregnating equipment)
FSC 43. Pumps and compressors
FSC 44. Furnace, steam plant, drying equipment, and nuclear reactors
FSC 45. Plumbing, heating, and sanitation equipment
FSC 46. Water purification and sewage treatment equipment
FSC 47. Pipe, tubing, hose, and fittings
FSC 48. Valves
FSC 49. Maintenance and repair shop equipment
FSC 52. Measuring tools
FSC 53. Hardware and abrasives
FSC 54. Prefabricated structures and scaffolding
FSC 55. Lumber, millwork, plywood, and veneer
FSC 56. Construction and building materials
FSC 61. Electric wire and power and distribution equipment
FSC 62. Lighting fixtures and lamps
FSC 63. Alarm and signal systems
FSC 65. Medical, dental, and veterinary equipment and supplies
FSC 66. Instruments and laboratory equipment (except 6615: Automatic pilot mechanisms and airborne Gyro components; and 6665: Hazard detecting instruments and apparatus)
FSC 67. Photographic equipment
FSC 68. Chemicals and chemical products
FSC 69. Training aids and devices
FSC 70. General purpose automatic data processing equipment, software, supplies, and support equipment (except 7010: Automatic Data Processing Equipment (ADPE) configurations)
FSC 71. Furniture
FSC 72. Household and commercial furnishings and appliances
FSC 73. Food preparation and serving equipment
FSC 74. Office machines, text processing system, and visible record equipment
FSC 75. Office supplies and devices
FSC 76. Books, maps, and other publications (except 7650: drawings and specifications)
FSC 77. Musical instruments, phonograph, and home-type radios
FSC 78. Recreational and athletic equipment
FSC 79. Cleaning equipment and supplies
FSC 80. Brushes, paints, sealers, and adhesives
FSC 81. Containers, packaging, and packing supplies
FSC 85. Toiletries
FSC 87. Agricultural supplies
FSC 88. Live animals
FSC 91. Fuels, lubricants, oils, and waxes
FSC 93. Non-metallic fabricated materials
FSC 94. Non-metallic crude materials
FSC 96. Ores, minerals and their primary products
FSC 99. Miscellaneous
Annex 11-A.4: Services
Unless otherwise specified, this Chapter covers the services listed below. The subject matter of construction services is addressed in Annex 11-A.5. The services listed in this Annex and Annex 11-A.5 are identified in accordance with the .
Description | CPC Prov. Reference No | |
---|---|---|
1. | Repair services of personal and household goods | 633 |
2. | Hotel and similar accommodation services | 641 |
3. | Food and beverage serving services | 642-643 |
4. | Travel agency and tour operator services | 7471 |
5. | Commercial courier services (including multi-modal) | 7512 |
6. | Electronic data interchange (EDI) | 7523 |
7. | Electronic mail | 7523 |
8. | Enhanced or value-added facsimile services, including store and forward, store and retrieve | 7523 |
9. | Code and protocol conversion | - |
10. | On-line information and data base retrieval | 7523 |
11. | Voice mail | 7523 |
12. | Real estate services involving own or leased property | 821 |
13. | Real estate services on a fee or contract basis | 822 |
14. | Leasing or rental services concerning machinery and equipment without operator | 83106-83109 only |
15. | Leasing or rental services concerning personal and household goods | 83203-83209 only |
16. | Consultancy services related to the installation of computer hardware | 841 |
17. | Software implementation services, including systems and software consulting services, systems analysis, design, programming, and maintenance services | 842 |
18. | Data processing services, including processing, tabulation, and facilities management services | 843 |
19. | On-line information and/or data processing (including transaction processing) | 843 |
20. | Data base services | 844 |
21. | Maintenance and repair services of office machinery and equipment including computers | 845 |
22. | Other computer services | 849 |
23. | Legal services (advisory services on foreign and international law only) | 861 |
24. | Accounting, auditing and book-keeping services | 862 |
25. | Taxation services (excluding legal services) | 863 |
26. | General management consulting services | 86501 |
27. | Marketing management consulting services | 86503 |
28. | Human resources management consulting services | 86504 |
29. | Production management consulting services | 86505 |
30. | Services related to management consulting (except 86602 Arbitration and conciliation services) | 8660 |
31. | Architectural services | 8671 |
32. | Engineering services | 8672 |
33. | Integrated engineering services (excluding 86731 Integrated engineering services for transportation infrastructure turnkey projects) | 8673 |
34. | Urban planning and landscape architectural services | 8674 |
35. | Technical testing and analysis services, including quality control and inspection (except with reference to FSC 58 and transportation equipment) | 8676 |
36. | Building-cleaning services | 874 |
37. | Packaging services | 876 |
38. | Services incidental to forestry and logging, including forest management | 8814 |
39. | Services incidental to mining, including drilling and field services | 883 |
40. | Repair services incidental to metal products, machinery, and equipment | 8861-8864, 8866 |
41. | Sewage and refuse disposal, sanitation, and similar services | 940 |
Notes to Annex 11-A.4:
1. Canada’s coverage in telecommunications services is limited to enhanced or value-added services for the supply of which the underlying telecommunications facilities are leased from providers of public telecommunications transport networks.
2. This Chapter does not cover procurement of:
- (a) services for the management and operation of government facilities or privately-owned facilities used for government purposes, including federally funded research and development;
- (b) public utilities;
- (c) architectural and engineering services related to airfield, communications, and missile facilities;
- (d) shipbuilding and repair and related architectural and engineering services;
- (e) all services, with reference to those goods purchased by the Department of National Defence, the Royal Canadian Mounted Police, and the Department of Fisheries and Oceans for the Canadian Coast Guard which are not covered by this Chapter; and
- (f) services procured in support of military forces located overseas.
Annex 11-A.5: Construction Services
1. Unless otherwise specified and subject to paragraph 2, this Chapter covers all construction services identified in Division 51 of the United Nations Provisional Central Product Classification (CPC Prov.), which is found at
2. This Chapter does not cover procurement of:
- (a) dredging services; and
- (b) construction services procured by or on behalf of the Department of Transport.
Annex 11-A.6: General Notes
1. This Chapter does not cover procurement in respect of:
- (a) shipbuilding and repair, including related architectural and engineering services;
- (b) urban rail and urban transportation equipment, systems, components, and materials incorporated therein as well as all project related materials of iron or steel;
- (c) communications, detection, and coherent radiation equipment (FSC 58);
- (d) agricultural goods made in furtherance of agricultural support programmes or human feeding programmes;
- (e) an international crossing between Canada and another country, including the design, construction, operation, or maintenance of the crossing as well as any related infrastructure; and
- (f) transportation services that form a part of, or are incidental to, a procurement contract.
2. This Chapter does not apply to any form of preference, including set asides, to benefit micro, small, and medium enterprises.
3. This Chapter does not apply to any measure adopted or maintained with respect to Indigenous PeoplesFootnote 1 , including set asides for Indigenous businesses. Existing Indigenous or treaty rights of any of the Indigenous Peoples of Canada protected by section 35 of the Constitution Act, 1982 are not affected by this Chapter.
4. For greater certainty, this Chapter shall be interpreted in accordance with the following:
- (a) procurement in terms of Canadian coverage is defined as contractual transactions to acquire goods or services for the direct benefit or use of the government. The procurement process is the process that begins after a procuring entity has decided on its requirement and continues through to and including contract award. It does not include procurements between one government entity or government enterprise and another government entity or government enterprise;
- (b) if a contract to be awarded by a procuring entity is not covered by this Chapter, this Chapter shall not be construed to cover any good or service component of that contract;
- (c) any exclusion that is related either specifically or generally to a procuring entity also applies to any successor entity or entities, in such a manner as to maintain the value of the coverage of Canada’s annexes to its Market Access for this Chapter;
- (d) this Chapter is subject to the terms and conditions set out in Canada’s Schedule to the General Agreement on Trade in Services, done at Marrakesh on 15 April 1994;
- (e) nothing in this Chapter shall be construed to prevent Canada, or its procuring entities, from adopting or maintaining any measure to protect confidential or otherwise protected information; and
- (f) this Chapter does not cover procurement by a procuring entity on behalf of another entity where the procurement would not be covered by this Chapter if it were conducted by the other entity itself.
Annex 11-A.7: Threshold Adjustment Formula
1. The thresholds expressed in Canada’s national currency shall be adjusted at two‑year intervals with each adjustment taking effect on 1 January beginning on 1 January 2024.
2. The thresholds referred to in Annexes 11-A.1 and 11-A.2 shall be converted into Canada’s national currency in accordance with Annex 3 of the Decisions on Procedural Matters under the Agreement on Government Procurement (1994) by the WTO Committee on Government Procurement (GPA/1).
3. Canada shall notify Ukraine in writing of Canada’s adjusted thresholds converted into its national currency by 15 January of the year in which the adjusted thresholds take effect.
4. If, during any year, a major change in the applicable currency of either Party creates a significant problem with regard to the application of this Chapter, the Parties shall consult to determine whether an interim adjustment is appropriate.
5. The Parties shall decide on a suitable alternative threshold adjustment formula if:
- (a) Canada withdraws from the GPA 2012 pursuant to Article XXII of that Agreement;
- (b) the GPA 2012 is terminated; or
- (c) the threshold adjustment formula is altered.
Annex 11-A.8: Extended Transparency Commitments
The provisions of Articles III; IV; VIII(1) and (2); VIII(3)(b); X(7) and (11); XI(1); XV(4) and (5); and XVII of the GPA 2012 incorporated under Article 11.1 (1), apply if:
- (a) the procuring entity uses an open tendering process; and
- (b) the procurement is for goods, services, or construction services in excess of CDN $124,000 for entities listed in Annex 11-A.1 and is below the applicable thresholds in Annex 11-A.1 or otherwise excluded in Annexes 11-A.3, 11-A.4, or 11-A.5
Annex 11-A.9: Publication Media
Electronic or paper media utilized for the publication of laws, regulations, judicial decisions, administrative rulings of general application, standard contract clauses, and procedures regarding government procurement covered by this Chapter pursuant to Article VI of the GPA 2012, incorporated under Article 11.1(1):
1. Laws and Regulations:
- (a) Statutes of Canada (); and
- (b) Canada Gazette ().
2. Judicial Decisions:
- (a) Supreme Court Judgements ();
- (b) Federal Court Reports ();
- (c) Federal Court of Appeal (); and
- (d) Canadian International Trade Tribunal ().
3. Administrative Rulings and Procedures:
- (a) ();
- (b) Canada Gazette (;
- (c) Directive on the Management of Procurement (); and
4. Electronic or paper media utilized for the publication of notices required by Articles VII, IX(7), and XVI(2) of the GPA 2012, incorporated under Article 11.1(1):
5. ()
6. MERX, Cebra Inc. ().
7. Website address or addresses where the Party publishes procurement statistics:
8. Proactive Disclosure of Contracts/Open Data ()
Annex 11-B: Market Access Schedule of Ukraine
Annex 11-B.1: Central Government Entities
Thresholds: 130 000 SDR - Goods
130 000 SDR - Services
5 000 000 SDR - Construction Services
List of Entities:
- Office of the Verkhovna Rada (Parliament) of Ukraine
- The Secretariat of Government of Ukraine
- Department for State Affairs
- The Antimonopoly Committee of Ukraine
- Office of General Prosecutor
- Accounting Chamber of Ukraine
- The Secretariat of Council for National Security and Defence of Ukraine
- High Council of Justice
- Constitutional Court of Ukraine
- The Supreme Court
- Pension Fund of Ukraine
- National Bank of Ukraine
- Ministry of Agrarian Policy and Food of Ukraine
- Ministry of Internal Affairs of Ukraine
- Ministry of Environmental Protection and Natural Resources of Ukraine
- Ministry of Economy of Ukraine
- Ministry of Energy of Ukraine
- Ministry of Foreign Affairs of Ukraine
- Ministry for Communities, Territories and Infrastructure Development of Ukraine
- Ministry of Culture and Information Policy of Ukraine
- Ministry of Youth and Sports of Ukraine
- Ministry of Defence of Ukraine
- Ministry of Education and Science of Ukraine
- Ministry of Health of Ukraine
- Ministry for Strategic Industries of Ukraine,
- Ministry of Reintegration of the Temporarily Occupied Territories of Ukraine
- Ministry of Social Policy of Ukraine
- Ministry of Finance of Ukraine
- Ministry of Justice of Ukraine
- Ministry of Digital Transformation of Ukraine
- Ministry of Veterans Affairs of Ukraine
- State Judicial Administration of Ukraine
- State Aviation Administration of Ukraine
- State Archival Service of Ukraine
- State Criminal and Executive Service of Ukraine
- State Treasury Service of Ukraine
- State Migration Service of Ukraine
- State Regulatory Service of Ukraine
- The Ukrainian Geological Survey (State Geologic and Subsoil Survey of Ukraine)
- State Service of Export Control of Ukraine
- State Statistics Service of Ukraine
- State Service of Ukraine on Medicines and Drugs Control
- State Service of Ukraine for Transport Safety (Ukrtransbezpeka)
- State Service of Ukraine on Food Safety and Consumer Protection
- State Service of Ukraine on Geodesy, Cartography and Cadastre
- State Employment Service
- State Emergency Service of Ukraine
- State Financial Monitoring Service of Ukraine
- State Tax Service of Ukraine
- State Agency of Roads of Ukraine
- State Water Resources Agency of Ukraine
- State Agency on Energy Efficiency and Energy Saving of Ukraine
- State Forest Resources Agency of Ukraine
- State Reserve Agency of Ukraine
- State Agency of Recreation and Fisheries of Ukraine
- The State Agency of Ukraine on Exclusion Zone Management
- Ukrainian State Film Agency
- State Space Agency of Ukraine
- State Inspection of Architecture and Urban Planning
- State Environmental Inspection of Ukraine
- State Service of Education Quality of Ukraine
- State Agency on Energy Efficiency Saving of Ukraine
- State Nuclear Regulatory Inspectorate of Ukraine
- Administration of the State Border Service of Ukraine
- State Committee for Television and Radio Broadcasting of Ukraine
- State Property Fund of Ukraine
- State Service for Special Communication and Information Protection of Ukraine
- National Agency of Ukraine on Civil Service
- Ukrainian Institute of National Memory
- National Council of Television and Radio Broadcasting of Ukraine
- National Commission for the State Regulation of Electronic Communications, Radio Frequency Spectrum and the Provision of Postal Services of Ukraine
- National Commission for the State Regulation of Energy and Public Utilities
- National Securities and Stock Market Commission
- Security Service of Ukraine
- Central Election Commission of Ukraine
- National Academy of Sciences of Ukraine
- National Academy of Medical Sciences of Ukraine
- National Academy of Agrarian Sciences of Ukraine
Annex 11-B.2: Other Entities
Thresholds: 400 000 SDR - Goods
400 000 SDR - Services
5 000 000 SDR - Construction Services
List of Entities:
- Stock company UKRPOSHTA
- Stock company “Ukrainian railway”
- Utility Enterprise “Kyivskyi Metropoliten”
- Utility Enterprise “Dniprovskyi Metropoliten” Dnipro city council
- Utility Enterprise “Harkivskyi Metropoliten”
- State enterprise “International airport Boryspil”
- Communal enterprise “Airport Vinnytsia”
- International airport “Dnipro”
- Communal enterprise “Zaporizhzhia International airport”
- Communal enterprise “International airport Kyiv” (Zhuliany)
- Communal enterprise “International airport Kryvyi Rih” Kryvyi Rih city council
- State enterprise “International airport Lviv”
- Communal enterprise “International airport Mykolaiv” Mykolaiv city council
- Communal enterprise “International airport Odesa”
- Communal enterprise “Airport Poltava”
- Communal enterprise “International airport Rivne”
- Communal enterprise “Airport Sumy”
- Communal enterprise “Airport Ternopyl”
- Communal enterprise “International airport Uzhgorod”
- Communal enterprise “International airport Chernivtsi”
- Communal enterprise “Airport Kherson”
- Communal enterprise “Airport Cherkasy” Cherkasy regional council
Annex 11-B.3: Goods
This Chapter covers all goods procured by the entities included in Annexes 11‑B.1 and 11-B.2.
Annex 11-B.4: Services
This Chapter covers all services procured by the entities included in Annexes 11‑B.1 and 11-B.2 except for:
- (a) services of international mediation courts, international commercial arbitrages provided for consideration and resolution of disputes involving the procuring entity;
- (b) services of financial institutions, including international financial institutions, related to the raising of credit resources and funds for the chartered capital by a procuring entity;
- (c) research and development services identified in division 85 of the United Nations Provisional Central Product Classification (CPC Prov.), which may be found at: ;
- (d) financial and related services identified in Division 81 of the CPC Prov. procured or provided by the National Bank of Ukraine.
Annex 11-B.5: Construction Services
This Chapter covers all construction services identified in Division 51 of the CPC Prov. procured by the entities included in Annexes 11-B.1 and 11-B.2.
Annex 11-B.6: General Notes
1. This Chapter with respect to services and construction services is subject to the limitations and conditions specified in Ukraine’s Schedule of the General Agreement on Trade in Services, done at Marrakesh on 15 April 1994.
2. This Chapter shall not apply to the procurement of:
- (a) construction services procured by diplomatic representations abroad;
- (b) goods and services for the design, development, and production of protected paper, banknotes, coins of Ukraine, their storage and the record‑keeping thereof; and,
- (c) personal identification documents, documents regarding special legal status, citizenship documents, including passports, and other documents requiring special security features or brands of paid excise tax pursuant to the laws of Ukraine and goods or services required for their manufacture.
Annex 11-B.7: Threshold Adjustment Formula
1. The thresholds expressed in Ukraine’s national currency shall be adjusted at two‑year intervals with each adjustment taking effect on 1 January beginning on 1 January 2024.
2. Ukraine shall calculate and convert the value of the thresholds into its own national currency using daily values of the national currency in terms of the SDR over the two-year period preceding on 1 October or 1 November of the year prior to the thresholds becoming effective.
3. Ukraine shall notify Canada in writing of Ukraine’s adjusted thresholds converted into its national currency by 15 January of the year in which the adjusted thresholds take effect.
4. If, during any year, a major change in the applicable currency of either Party creates a significant problem with regard to the application of this Chapter, the Parties shall consult to determine whether an interim adjustment is appropriate.
5. The Parties shall decide on a suitable alternative threshold adjustment formula if:
- (a) Ukraine withdraws from the GPA 2012 pursuant to Article XXII of that Agreement;
- (b) the GPA 2012 is terminated; or
- (c) the threshold adjustment formula is altered.
Annex 11-B.8: Extended Transparency Commitments
1. The provisions of Articles III; IV; VIII(1) and (2); VIII(3)(b); X(7) and (11); XI(1); XV(4) and (5); and XVII of the GPA 2012, incorporated under Article 11.1, apply if:
- (a) the procuring entity uses an open tendering process; and
- (b) the procurement is for goods, services, or construction services in excess of CDN$124,000 in the national currency for Ukraine for entities listed in Annex 11-B.1 and is below the applicable thresholds in Annex 11-B.1 or otherwise excluded in Annexes 11-B.3, 11-B.4, or 11-B.5.
Annex 11-B.9: Publication Media
1. Legislation and Jurisprudence:
- (a) Parliament of Ukraine ()
- (b) Ministry of Economy of Ukraine ()
2. Notices of procurement: Ukrainian Public Procurements, Prozorro ()
- Date modified: