G/TBT/W/747  
 
17 May 2021  
(21-4101) Page: 1/2 
Committee on Technical Barriers to Trade  Original: English  
 
PROPOSAL ON REGULATORY COOPERATION   
CYBERSECURITY OF SOFTWARE -ENABLED  
AND/OR NETWORK CONNECTED GOODS  
NINTH TRIENNIAL REVIEW  
Submission from the United States  
The following submission, dated  17 May  2021, is being circulated at the request of the delegation of 
the United States . 
 
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1  BACKGROUND  
1.1.  As countries around the world grapple with an ever -evolving cybersecurity threat landscape, 
an increasing number of governments have or are deve loping cybersecurity -specific frameworks, 
laws, and regulations, often seeking to rely on certification and labeling with the objective of 
improving cybersecurity of software -enabled and/or network connected goods. Such approaches are 
often standards -intensive, and in some instances seek to leverage existing conformity assessment 
frameworks. While some approaches to cybersecurity certification are initially envisioned as 
voluntary, we are noting an early trend in which schemes and corresponding requirements  may 
become mandatory, thereby creating an increased potential for divergence among WTO Members 
and the emergence of technical barriers to trade. Moreover, inflexible approaches involving 
mandatory labeling or one -size-fits-all third -party certification re quirements may not be the only 
options Members have to meet the legitimate objective of consumer protection. Overly burdensome 
requirements could slow down product development, ultimately harming companies ' abilities to 
market cutting edge products and ser vices and deploy security solutions in a timely manner. While 
this has clear implications for the technology sector, the breadth of industries engaged in the global 
IT market creates potential TBT implications for a range of other software -enabled and/or n etwork 
connected goods -producing sectors.  
2  PROPOSAL  
2.1.  The United States proposes a thematic session that would explore the current landscape of 
Member and stakeholder views on cybersecurity regulation with a view to (1) identify relevant 
nexuses for the TBT Committee and (2) promote the application of regulat ory approaches in 
accordance with core TBT principles to maximize security, trade, and innovation outcomes. Topics 
and areas of focus could include:  
a. Exploration of regulatory flexibility/alternatives that leverage valid approaches used by 
vendors globally to address security risks, including supplier's declaration of 
conformity/vendor attestation, which respond to the need for solutions that are globally 
harmonized, agile, mutually recognized, and consistent with risk -based approaches for 
security;  
b. Reliance on consensus -based, international  standards to underpin emerging approaches 
to cybersecurity, and the potential for deepening regulatory cooperation among relevant 
WTO Member authorities;  G/TBT/W/747  
 
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  c. Challenges, limitations, and potential trade implications of leveraging existing conformity 
assessment frameworks in the cybersecurity context;  
d. Presentations by WTO members that are currently developing approaches to cybersecurity 
standards and regulation (including those that may involve certification or labeli ng), with 
a focus on identification of best practices for facilitation of trade;  
e. Presentations by industry regarding cybersecurity best practices and perspectives on 
emerging regulatory and certification approaches.  
 
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