RESTRICTEDWORLD TRADE
ORGANIZATIONGPA/W/91
6 September 1999
(99-3706)
Committee on Government Procurement Original:  English
MODIFICATIONS TO APPENDIX I OF JAPAN
Notifications from Japan under Article XXIV:6(a)1
The following notification from the Permanent Mission of Japan was received on
3 September 1999, with the request that it be circulated to the Parties to the Agreement on
Government Procurement (1994).
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(1) Pursuant to Article XXIV, paragraph 6 of the WTO Agreement on Government Procurement,
the Government of Japan wishes to notify the Committee on Government Procurement the followingrectification relating to Annex 3 of Appendix I of the Agreement:
- Add "- Nippon Telegraph and Telephone East Co. (f)", "- Nippon Telegraph and
Telephone West Co. (f)" to "List of Entities" and "- Nippon Telegraph and Telephone
East Co. (f)(g)", "- Nippon Telegraph and Telephone West Co. (f)(g)" to "List ofEntities which procure the services, specified in Annex 4" respectively.
This rectification is based on the fact that the restructuring of the NTT took effect as of
1 July 1999, and resulted in the creation of the Nippon Telegraph and Telephone East Co., the Nippon
Telegraph and Telephone West Co. and the NTT Communications Corporation under the Nippon
Telegraph and Telephone Co. which became a holding company.
(2) In this regard, it should be noted that NTT Communications Corporation was established as a
private company in accordance with the Japanese Commercial Law and took over the interprefectural
telecommunications business activities
* conducted by NTT.  The Government of Japan, therefore,
considers that the Corporation need not be included in Annex 3 in Appendix I of the Agreement.
In addition, the Government of Japan has learne d that the Corporation voluntarily continued
to make procurement in a transparent and non-discriminatory manner.
(3) Accordingly, the Government of Japan considers that there are very little, if any,
consequences of the change for the mutually agreed coverage provided in the Agreement pursuant tothe rectification mentioned in (1) above.
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1 Article XXIV:6(a) provides that "if the rectificati ons, transfers or other modifications are of a purely
formal or minor nature, they shall become effective provided there is no objection within 30 days.  In othercases, the Chairman of the Committee shall promptly convene a meeting of the Committee.  The Committeeshall consider the proposal and any claim for compensatory adjustments, with a view to maintaining a balance
of rights and obligations and a comparable level of mutually agreed coverage provided in this Agreement prior
to such notification.  In the event of agreement not being reached, the matter may be pursued in accordance with
the provisions contained in Article XXII".
* (Business activities other than those transferred to the regional companies, which were transferred
from among the domestic telecommunications business activities conducted by NTT.)