UNITED STATES – MEASURE AFFECTING GOVERNMENT PROCUREMENT

Request for the Establishment of a Panel by Japan

            The following communication, dated 8 September 1998, from the Permanent Mission of Japan to the Chairman of the Dispute Settlement Body, is circulated pursuant to Article 6.2 of the DSU.

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            On 18 July 1997, the Government of Japan requested consultations with the United States pursuant to Article XXII of the Agreement on Government Procurement (hereinafter the "GPA") and Article 4 of the Understanding on Rules and Procedures Governing the Settlement of Disputes (hereinafter the "DSU") regarding the Act Regulating State Contracts with Companies Doing Business with or in Burma (Myanmar) enacted by the Commonwealth of Massachusetts on 25 June 1996 (WT/DS95/1, GPA/D3/1).

            On 22 July, 2 October and 17 December 1997, the Government of Japan and the Government of the United States held consultations in Geneva.  Unfortunately, these consultations failed to settle the dispute on this matter.

            In light of the above,  the Government of Japan hereby requests that a panel be established at the next meeting of the Dispute Settlement Body ("DSB") pursuant to Article 4.7 and 6 of the DSU and to Article XXII of the GPA, with standard terms of reference provided for in Article XXII:4 of the GPA.