RESTORING RECIPROCITY IN GOVERNMENT PROCUREMENT

MEMORANDUM FOR THE SECRETARY OF WAR

THE UNITED STATES TRADE REPRESENTATIVE

THE DIRECTOR OF THE OFFICE OF MANAGEMENT AND BUDGET

THE ADMINISTRATOR FOR FEDERAL PROCUREMENT POLICY

THE ADMINISTRATOR OF GENERAL SERVICES

THE ADMINISTRATOR OF THE NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

By the authority vested in me as President by the Constitution and the laws of the United States of America, I hereby direct the following:

Restoring Reciprocity in Government Procurement

By the authority vested in me as President by the Constitution and the laws of the United States of America, I hereby direct:

Section 1.  Purpose and Policy.  Canada has unreasonably imposed new barriers to United States companies seeking to access the Canadian government procurement market by, among other things, establishing preferences for Canadian products and Canadian content under its “Buy Canadian” policy.  Canadian provinces have also limited the access of United States companies to their government procurement markets.  Meanwhile, Canadian companies continue to have preferential access to the United States Government procurement system.  This includes access to all procurement the United States has agreed to cover at the Federal level under the World Trade Organization Agreement on Government Procurement, which amounts to over $280 billion annually.  My Administration will always act to combat such unreasonable or discriminatory practices.

Sec. 2.  Removing Canadian Origin Items From the Federal Procurement System.  (a)  The Director of the Office of Management and Budget (Director) and the United States Trade Representative (Trade Representative), in coordination with the members of the Federal Acquisition Regulatory Council, and in consultation with any other senior executive branch official the Director and the Trade Representative deem appropriate, shall, to the extent appropriate and consistent with law, identify and take all steps permitted by applicable law with respect to Canadian origin items in the Federal civil procurement system that can, where warranted, be removed or made non-available for purchase.  Further, the Director, in consultation with any senior executive branch officials he deems appropriate, shall take appropriate steps to notify relevant executive departments and agencies (agencies), as determined by the Director, of domestic alternatives to Canadian origin items, to the extent permitted by law.

(b)  The Director shall, from time to time, update me on the progress of actions taken to implement this memorandum.

(c)  The Trade Representative shall continue to monitor Canada’s treatment of United States origin items in the Canadian federal and provincial government procurement markets and shall inform me of any circumstances that, in the Trade Representative’s opinion, might indicate the need for further action.  The Trade Representative shall also inform me of any circumstances that, in the Trade Representative’s opinion, might warrant restoring a Canadian origin item’s availability for Federal civil procurement, such as a change in policy by the Canadian government that would end the current treatment toward United States origin items.

(d)  The head of each agency is authorized to and shall take all appropriate measures within the agency’s authority to implement this memorandum.  The head of each agency may, consistent with applicable law, including section 301 of title 3, United States Code, redelegate the authority to take such appropriate measures within the agency.

Sec. 3.  General Provisions.  (a)  Nothing in this memorandum shall be construed to impair or otherwise affect:

(i)   the authority granted by law to an executive department or agency, or the head thereof; or

(ii)  the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

(b)  This memorandum shall be implemented consistent with applicable law and subject to the availability of appropriations.

(c)  This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

(d)  The costs for publication of this memorandum shall be borne by the Office of Management and Budget.