There was a confused story last week in China Daily about negotiations for China’s entry into the World Trade Organization’s government procurement agreement. The headline was simple enough, merely stating that China is not likely to finish entry negotiations this year. Fair enough. Such things take time and government procurement rules are exceptionally complicated. And, since these rules require definition of exactly which government entities are covered, there is a lot of horse-trading going on.
The original “Agreement on Government Procurement” was completed in 1979 and the rules, and what is covered, have been changing ever since. Only fifteen countries signed on back then and the agreement now has 42 signatories. Most of these are developed countries because they tend to have the largest procurement markets and the most global competitors. Each addition forces a re-alignment of obligations and a re-negotiation of which government entities are covered. This is because no government is willing to give others a “free ride” when it comes to buying goods or services for their own use. A major revision of the agreement was reached in December 2011, so signing up is always something of a moving target. Beijing doesn’t like that.
China made an initial offer to join the procurement agreement in 2007. Naturally, as in most trade negotiations, Beijing made a “low ball” offer which was, just as naturally, rejected by the existing signatories. Not because of any dislike for China, but because this is the nature of a negotiation. The Chinese negotiators knew they weren’t making a fully competitive offer and that, of course, other countries would want more, whether in terms of the products covered or the Chinese government entities that would be covered by the agreement. Offers and counter-offers have continued, but existing signatories complain that too few of China’s provincial procurements would be subject to the agreement – only five out of 31 provinces. And there is strong disagreement about how to handle China’s state-controlled enterprises, since few of the existing signatories have such animals. Beijing says it doesn’t control purchases by state enterprises. The usual response from the signatories is “yeah, sure.”The China Daily article quotes a spokesperson from the Ministry of Finance as saying that no agreement will be reached this year “because of increased standards set by developed nations“, implying that a cabal of western countries is moving the goalposts. This seems to refer to pending changes in European Union procurement regulations that would allow EU members to exclude bids from countries that don’t offer reciprocity in their own procurements. I have not seen the new EU draft, so there could be something problematic there.
“The EU’s new pact, when adopted, won’t have an immediate effect on Chinese companies bidding for EU contracts and won’t scare China into making concessions over the government procurement agreement proposal, as they expect.”
- Suo Bicheng, director, Department of World Trade Organization Affairs, Ministry of Finance
It isn’t clear whether Beijing is more unhappy because of the new EU regulations or because of the revised procurement agreement itself. The December 2011 revision expanded the government entities covered by the agreement on the part of the existing signatories, covering more local and regional procurements than ever before. So the signatories will require similar improvements by any countries applying to join. This is something that China has been most reluctant to do, which is why they have offered only five provinces. This may be the standard that Beijing accuses “developed countries” of raising. If so, this is nothing that is aimed expressly at China. It applies to any signatory of the procurement agreement.
By the way, China is not the only one negotiating to join the procurement agreement. Albania, Georgia, Jordan, the Kyrgyz Republic, Moldova, Oman, Panama and Ukraine would all like in – and some have been negotiating longer than China.


