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Agreement on Government Procurement
World Trade Organization
Article XVI: Offsets
- Entities shall not, in the qualification and selection
of suppliers, products or services, or in the evaluation of tenders
and award of contracts, impose, seek or consider offsets.See footnote
7
- Nevertheless, having regard to general policy
considerations, including those relating to development, a developing
country may at the time of accession negotiate conditions for the
use of offsets, such as requirements for the incorporation of domestic
content. Such requirements shall be used only for qualification to
participate in the procurement process and not as criteria for awarding
contracts. Conditions shall be objective, clearly defined and non-discriminatory.
They shall be set forth in the country's Appendix I and may include
precise limitations on the imposition of offsets in any contract subject
to this Agreement. The existence of such conditions shall be notified
to the Committee and included in the notice of intended procurement
and other documentation.
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