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日本是GPA簽署國,適用機關包括:中央政府所有機關、47個縣、12個城市、數個國營企業。因為日圓貶值,以日圓計價之門檻金額,距2002年貿易政策檢討時已提高,以特別提款權列示之門檻金額則維持不變。
2003年底日本作了一些GPA適用機關的組織整併,整併結果已通知WTO政府採購委員會,改變包括:日本郵政(Japan Post)取代郵政壽險公司(Postal Life Insurance Welfare Corporation)、日本鐵道建設運輸科技局(Japan Railway Constructin, Transport and Technology Agency)取代日本鐵路建設公司(Japan Railway Construction Public Corporation)及運輸科技公司(Corporation for Advanced Transport and Technology)、日本國家石油天然氣暨金屬公司(Japan Oil, Gas,and Metals National Corporation)取代金屬礦業局(Metal Mining Agency of Japan)及日本國家石油公司(Japan National Oil Corporation)。
日本所有中央部會簽署了一項備忘錄,就是部會在採購電腦資訊系統的硬體或軟體時必須遵守不歧視、透明、公平的原則。2002年10月公共管理暨內務、郵政與電信通訊部(MPHPT)設立了網上競標系統(工程採購除外),使廠商可在網上投競標,其他的部會也在2003年前設立了類似的系統。
日本政府每年檢視依據1994制定的政府採購程序行動方案而為的自發性措施,檢視的目的是讓國內外廠商有對政府措施表達意見的機會,以確保政府採購程序的透明度、公平性、競爭性,並幫助國內外商進入日本政府採購市場。每一次檢視會議中都會有一個政府採購程序管理的建議案被通過,政府當局表示日本的政府採購中沒有廠商國籍歧視或產品原產地歧視,所有GPA適用機關都已符合GPA的規範,在適用GPA的情形下日本本國廠商並無特殊待遇。
依據日本公平交易委員會(JFTC,Japanese Fair Trade Commission)的資料顯示,大多數違反反獨占法(AMA,Anti-Monlpoly Act)之案件都與公共工程之串通投標(bid-rigging)有關,公共工程適當招標及承包促進法案(Act for Promoting Proper Tendering and Contracting for Public Works)中訂定有有防制和其他不適當行為的重要條文,例如將串通投標之行為通知公平交易委員會(以下簡稱公平會)處理。此外,2003年起施行的串通投標防治法案(Act Conerning Elimination and Prevention of Involvement in Bid Rigging),特別授與公平會有正式要求部會首長改善招標程序以消除串通投標的權力,權力包括:要求機關展開必要之調查、要求機關採取必要之行動以制止明顯的串通投標情事、要求機關公佈案件調查之過程及結果。當局表示:串通投標防治法旨在打擊近幾年所發生的幾起政府涉案的串通投標事件,自2003年起已有兩起公平會要求部會首長採取必要措施以阻止串通投標的案例。
2002年日本政府採購市場(工程標案除外且標案金額在1994行動方案門檻金額以上)約為1兆日圓(約3,000億新台幣或100億美元),外商提供之財物及勞務只占4%(比率一直很低),進口財物及勞務占14%。公開招標占63%、選擇性招標占2%、單獨招標占35%。至於工程採購部份,日本表示雖然沒有外商得標比率的資料,但工程標案幾乎都適用GPA。
中央政府及國營企業之採購申訴案件由政府採購審議辦公室受理,並由獨立之政府採購審議委員會審議案件,採購機關會遵循該委員會的建議。

Japan is a signatory to the WTO Agreement on Government Procurement (GPA). Its GPA coverage encompasses all central government entities, all 47 prefectures, 12 designated cities (shitei toshi), and certain public corporations.[1] Japan's thresholds for GPA coverage, expressed in yen, have increased since its previous Trade Policy Review, perhaps reflecting the depreciation of the currency; those expressed in Special Drawing Rights (SDRs) have remained unchanged, except for those arising from the classification of Japan Post in Annex 3.[2]
In 2003, Japan notified the WTO Committee on Government Procurement of a number of organizational changes of procuring entities subject to the GPA; the changes included the replacement of the Postal Life Insurance Welfare Corporation with Japan Post; the replacement of the Japan Railway Construction Public Corporation and the Corporation for Advanced Transport and Technology with the Japan Railway Construction, Transport and Technology Agency; the replacement of Metal Mining Agency of Japan and the Japan National Oil Corporation with the Japan Oil, Gas and Metals National Corporation[3]; and the elimination of the National Aerospace Laboratory of Japan.[4]
In accordance with the memorandum of agreement among ministries, signed in March2002 (subsequently revised in April 2002 and March 2003), all ministries in Japan agreed to adopt measures to ensure non-discriminatory, transparent and fair procurement of their computer information systems (both products and services). These key measures include publication on ministry web sites of information on bidding results. In October 2002, the Ministry of Public Management, Home Affairs, Posts and Telecommunications (MPHPT) launched an online bidding system for non-public-works procurement that enabled companies to submit bids via the internet; other ministries launched similar online bidding systems by the end of FY 2003.
The Government carries out annual reviews of its voluntary measures under, inter alia, the 1994 Action Program on Government Procurement Procedures, as amended.[5] A voluntary review meeting under the Action Program is conducted every year to provide domestic and foreign suppliers an opportunity to raise opinions on the implementation of the voluntary measures, to ensure transparency, fairness and competitiveness in procurement procedures, and to facilitate market access for domestic and foreign suppliers. At each annual meeting, an initiative on future management of government procurement is confirmed. The authorities state that government procurement is conducted without restriction on suppliers' nationality or on the origin of products or services, based on the principle of non-discrimination, and that all relevant entities have thoroughly implemented the GPA; no price or other kind of preferences are granted to domestic suppliers in tenders covered by the GPA.[6]
For procurement above the threshold level of SDR 100,000 specified under the 1994 Action Program, excluding procurement involving public works, open tendering accounted for 63.1% of the total procurement value of ¥969 billion in 2002; procurement of overseas goods and services accounted for 13.8% (17.1% for goods only) of the total (Table III.3).[7] The share of selective tendering fell to 1.5% in 2002, while that of single tendering rose to 35.4%, compared with 1.6% and 30.8%, respectively, in 2000. Procurement from foreign suppliers, which has always been low, decrease in 2002, to 4.2 % and 2.1% in value and contract terms, compared with 6.9% and 2.7%, respectively, in 2000. The shares of foreign suppliers in contracts resulting from open, selective, and single tenders were 1.3%, zero, and 5.3 % in 2002 (the 2000 ratios were 1.7%, zero, and 3.2%).[8] The share of foreign suppliers in the total number of registered suppliers was 0.3% in FY 2002. According to the authorities, no data exist on shares of foreign suppliers in public works contracts; almost all public works projects valued at or above the WTO GPA threshold are subject to open competitive bidding.

Table III3
No. Products Total value Share
Domestic Foreign
1. Products from agriculture, and from agricultural and food processing industries 0.9 100 0
2. Mineral products 185.9 30.6 69.4
3. Products of the chemical and allied industries 31.2 70.5 29.5
4. Medicinal and pharmaceutical products 288.5 69.3 30.7
5. Artificial resins and plastic materials, cellulose esters and ethers, and articles thereof; rubber, synthetic rubber, factice, and articles thereof; raw hides and skins, leather, furskins and articles thereof, other than articles of apparel and clothing accessories of leather, saddlery and harness, articles of animal gut 8.3 96.5 3.5
6. Wood and articles of wood; wood charcoal; cork and articles of cork; paper making material; paper and paperboard and articles thereof; manufactures of straw of esparto and of other planting materials, basketwork and wickerwork 178.2 100 0
7. Textiles and textile articles, footwear, headgear, umbrellas; sunshades; walking sticks, whips, riding crops and parts thereof; travel goods; hand-bags and similar containers; articles of apparel and clothing accessories, of leather or composition leather 96.1 100 0
8. Articles of stone, plaster, asbestos, mica and similar materials; ceramic products, other than sanitary fixtures; glass and glassware, other than illuminating and signalling glassware and optical elements of glass, not optically worked nor of optical glass 2.4 100 0
9. Iron and steel and articles thereof, other than boilers and radiators for central heating, air heaters and hot air distributors not electronically heated 139.1 99.8 0.2
10. Non-ferrous metals and articles, other than lamp and lighting fittings 34.4 98.9 1.1
11. Power generating machinery and equipment 134.7 92.4 7.6
12. Machinery specialized for particular industries 102.8 94.2 5.8
13. General industrial machinery and equipment, and machine parts 54.4 90.3 9.7
14. Office machines and automatic data processing equipment 2,206.2 87.7 12.3
15. Telecommunications and sound recording and reproducing apparatus andequipment 630.3 94.7 5.3
16. Electrical machinery, apparatus and appliances, and electrical parts thereof 197.6 87.2 12.8
17. Road vehicles 325.2 99.2 0.8
18. Railway vehicles and associated equipment 66.9 72.1 27.9
19. Aircraft and associated equipment 26.4 37.9 62.1
20. Ships, boats, and floating structures 75.2 98.7 1.3
21. Sanitary, plumbing, and heating equipment 6.6 61.8 38.2
22. Medical, dental, surgical, and veterinary equipment 536.5 57.6 42.4
23. Furniture and parts thereof 58.3 98.2 1.8
24. Professional, scientific and controlling instruments and apparatus 1,114.1 73.8 26.2
25. Photographic apparatus, equipment and optional goods; watches and clocks 120.5 88.8 11.2
26. Miscellaneous articles 253.6 91.9 8.1
Total 6,874.1 82.9 17.1

Source: Information provided by the Japanese authorities.

Data provided by the Japanese Fair Trade Commission (JFTC) show that most cases of proven infringement of Japan's Anti-Monopoly Act (AMA) continue to involve bid-rigging related to public works (section(5)(vi)). The Act for Promoting Proper Tendering and Contracting for Public Works defines major policy instruments for preventing bid-rigging and other improper actions, such as notification of improper actions to the JFTC.[9] Furthermore, the Act Concerning Elimination and Prevention of Involvement in Bid Rigging, which entered into force in January 2003, inter alia, authorizes the JFTC to formally demand that the heads of ministries and agencies improve their administration measures on bidding and contracts to eliminate bid-rigging; the heads must conduct necessary investigation if requested by the JFTC, take action to eliminate bid-rigging, if its existence becomes evident, and publicize the result of the investigation and actions taken in response to the investigation. According to the authorities, the Act "provides effective means to prevent so-called 'government involved bid rigging' incidents that have occurred in recent years."[10] Since January 2003, there have been two cases in which the JFTC demanded the heads of ministries and agencies to take necessary measures on the administration of bidding and contracts to eliminating bid-rigging.
The Office of Government Procurement Review (OGPR) headed by the Chief Cabinet Secretary, processes complaints concerning procurement procedures by the Central Government and public corporations. The Government Procurement Review Board, an independent examining body, considers complaints.[11] The procuring entity is expected to follow the recommendations voluntarily. Since the previous Review of Japan, one complaint has been filed.[12]
[1] The designated cities are twelve cities with populations over 500,000, designated by a relevant Cabinet Order. The Account Law and relevant ordinances specify the procurement procedures for the central government entities, while the Local Autonomy Law stipulates procurement procedures for local governments.
[2] WTO documents GPA/W/168/Add.4 and GPA/W/285/Add.5, 18March2002 and 4 February 2004.
[3] The Japan National Oil Corporation, which it is scheduled to be abolished at the end of March2005, remains listed in Annex 3 for the time being. See WTO document GPA/MOD/JPN/1, 4February2004.
[4] WTO documents GPA/W/255, GPA/W/275, and GPA/W/272/Rev.1, 4 March 2003, 23September2003, and 8October2003, and GPA/MOD/JPN/1, 4 February 2004. Other changes in Japan's GPA coverage since the previous Review are noted in WTO documents GPA/W/196, 252, 253, 254, 272, 272/Rev.1, 273, 274, 275, 276, 37/Add.1, and GPA/W/285/Add.5.
[5] For details of these measures, see WTO (2001), Chapter III(2)(vii).
[6] WTO (2003), Chapter III(2)(vi).
[7] Prime Minister's Office (2003).
[8] In order to participate in open or selective tendering procedures, domestic and foreign suppliers are required to apply for qualification to each procuring entity and be included in the list of registered suppliers.
[9] WTO document GPA/61, 18 October 2001.
[10] OECD (2003a).
[11] WTO (2003), Chapter III(2)(vi).
[12] The status of receipt and review of complaints is released every quarter. The "Review Procedures for Complaints concerning Government Procurement" (a decision by the OGBR on 14 December 1995), encourage consultations between a complainant and a procuring entity before a complaint is filed. The complaint filed concerned a procurement of parking structure construction at the Tokyo International Airport site.