1. The Parties confirm their rights and obligations under Articles XVII:1 through
XVII:3 of the GATT 1994, the Understanding on the Interpretation of Article XVII
of the General Agreement on Tariffs and Trade 1994, and Articles VIII:1 and VIII:2
of GATS, all of which are hereby incorporated into and made part of this Agreement.
2. This Chapter does not apply to the procurement by a Party of a good or service
purchased for governmental purposes and not with a view to commercial resale or
with a view to use in the supply of a good or service for commercial sale, whether or not that procurement is a “covered procurement” within the meaning of Article 19.2
(Scope and coverage).
3. Articles 18.4 and 18.5 do not apply to the sectors set out in Article 8.2 (Scope) and
Article 9.2 (Scope).
4 Articles 18.4 and 18.5 do not apply to a measure of a covered entity if a reservation
of a Party, taken against a national treatment or most-favoured nation treatment
obligation, as set out in that Party’s Schedule to Annex I, II, or III, would be
applicable if the same measure had been adopted or maintained by that Party.