한․미 FTA 정부조달부문 협상결과에 대한 통상정책적 평가

Policy-Based Assessment of Government Procurement Chapter in Korea-U.S. FTA

In 2007, the Government of the Republic of Korea and the United States of America concluded a Free Trade Agreement( KORUS FTA ). As resulting in lowering contract thresholds and easing participating requirements, Korean government advertises that the KORUS FTA would give many Korean small business firms good chances for access to U.S. government procurement market. Because the KORUS has an substantial effect on Korean commercial interests in the U.S. procurement market, this article tries to review the Government Procurement Chapter of the KORUS in terms of trade policy considerations. Generally speaking, in KORUS FTA, contract thresholds for central(federal) government procurement have been reduced, but chances for getting access to market for local(state) governments and defense entities have not been improved. And the KORUS has kept on keeps on a preference for small businesses which account for 30~40% in the government market. Specially, Article 17.5, 2 in this agreement provides .... a procuring entity shall not impose the condition that, in order for a supplier to participate in a procurement or be awarded a contract, the supplier has previously been awarded one or more contracts by a procuring entity of that Party or that the supplier has prior work experience in the territory of that Party . However, U.S. obligates Korean entities to submit suety bonds, which can be issued from U.S. financial corporations with some limitations of domestic requirements. Thus, it would be very difficult for the Korean small construction firms, which do not have prior work experience in the U.S., to participate in tenders of the U.S. government construction contracts. The principle of free trade is reflected in the Government Procurement Chapter of the KORUS by reducing contract thresholds and easing requirements for participation, but the chapter also has something to do with the principle of fair trade. So each party can use technical speculations to promote the conservation of natural resources or protect the environment. In conclusion, the Government Procurement Chapter in KORUS FTA will provide us with a limited chance for getting access to U.S. government market. Korean government needs to solve these problems through Government Procurement Working Group which agreed to establish in this FTA.