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- Title
The Influence of Buy American Policies on Canadian Coverage Under the World Trade Organization Agreement on Government Procurement.
- Authors
ATTWATER, DAVID M.
- Abstract
Despite incremental trade liberalization of Canadian public procurement since the 1981 GATT Code on government procurement, Canadian provincial and territorial procurement remained outside the World Trade Organization Agreement on Government Procurement (GPA). The reason was the perceived discriminatory use of small business set-asides and Buy American policies in U.S. public procurement. After the 2008 economic downturn, the American Recovery and Reinvestment Act of 2009 (Recovery Act) injected billions of dollars into the U.S. economy. Together with lucrative business opportunities, the Buy American provisions of the Recovery Act were sufficiently trade restrictive to be a force for trade liberalization. To avoid exclusion of Canadian suppliers from contract opportunities, Canadian sub-central governments assumed commitments under a revised GPA. The article reviews Buy American policies as an impediment and incentive to Canadian coverage under the GPA. It explains Canadian federal, provincial, and territorial coverage under the agreement and discusses the salient issue of procurement review.
- Subjects
WORLD Trade Organization; GOVERNMENT purchasing laws; FREE trade laws; SMALL business; GOVERNMENT policy; AMERICAN Recovery &; Reinvestment Act of 2009; UNITED States politics &; government
- Publication
International Lawyer, 2012, Vol 46, Issue 4, p939
- ISSN
0020-7810
- Publication type
Article