GD/209

Procurement of Antarctic Research Vessel with Ice-Breaking Capability by United States National Science Foundation

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Other titles

Parties

Complainant
Finland
Respondent
United States
Third Parties

Products at Issue

Products at issue
Antarctic research vessels
Type of product
Non-agricultural
Product sub-type
Vehicles, aircraft, vessels

Related disputes

GATT
WTO

Key legal aspects

Legal basis
  • GPR Article VII:4
Claims raised
  • GPR Article I:1(a)
  • GPR Article IX:4 (a)
  • GPR Preamble
Defences raised
  • n.a.

Adjudicators

Type
Chairperson
Other members

Report

Type
Legal basis at issue
  • GPR Article VII:4
Claims at issue
Defences at issue
  • n.a.
No of Pages (total / legal reasoning)
  • -
  • -

Timeline

Request for consultations
Request for establishment

Outcome

Outcome of the proceedings
Consultations held
Additional Info GPR/M/31 (25/01/1989) Minutes of the GPR Committee (07/10/1989) US: "the procurement in question had been cancelled and (...) it was not Code-covered." Finland: funds for the planned procurement were provided with a "Buy American" provision. To continue "consultations in this matter of principle, no practical case being involved."GPR/M/32 (18/05/1989) Minutes of the GPR Committee (16/03/1989) Finland requested the establishment of a panel under GPR VII:7. Chairman: "no consensus had been reached at this meeting on the establishment of a Panel".

GPR/W/93 (30/03/1989) United States response (16/03/1989): "services contracts [were] not yet covered by the Government Procurement Code and [were] specifically excluded by Article I:1(a)."

GPR/M/33 (19/05/1989) Minutes of GPR Meeting (14/04/1989) Chairman: The Committee encouraged efforts towards a positive resolution. "Finland kept open the possibility of pursuing the formal request for a Panel at a future meeting."

See also the communication and statement by Finland contained in documents GPR/W/91 of 7 March 1989, and GPR/W/92 of 30 March 1989, respectively.