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TPP Procurement Chapter Shields Malaysia's 'Bumiputera' Preferences

November 25, 2015 at 2:45 PM
In the Trans-Pacific Partnership (TPP), Malaysia managed to shield its government procurement preferences for ethnic Malays -- or Bumiputera -- even for contracts it has agreed to open up to foreign bidders from TPP countries, using two separate mechanisms. The first mechanism is a "set aside" under which Malaysia does not need to apply the procurement chapter's non-discrimination obligation and procedural rules for 30 percent of the annual value of its construction services contracts covered under the agreement. This procurement...

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