RESTRICTEDWORLD TRADE
ORGANIZATIONWT/COMTD/LDC/W/19
26 January 2000
(00-0318)
Sub-Committee on Least-Developed Countries
IMPLEMENTATION OF WTO AGREEMENTS
POSSIBLE ASSISTANCE TO LEAST-DEVELOPED COUNTRIES
Note by the Secretariat
I. INTRODUCTION
1. In July 1998, the Sub-Committee on Least-Developed Countries (LDCs) requested the
Secretariat to prepare a paper which would help it to assess the difficulties the LDCs faced with
regard to implementation of WTO obligations.  The context of that request had three elements:  First,
the importance attached by WTO Ministers in their 1998 Declaration to the implementation ofindividual WTO Agreements and the realization of their objectives; second, WTO Ministers' intention
to further pursue their evaluation of that issue at their Third Ministerial Conference; and third, the
Sub-Committee's monitoring of the follow-up to the High-Level Meeting, which had as one main
theme the LDCs' capacity to take advantage of the be nefits of participating in the multilateral trading
system – a theme which is clearly and closely linked to their capacity to implementWTO Agreements.
2. In October 1998, the Secretariat circulated a document on LDC' implementation of
WTO Agreements in response to the Committee's request.
1  However, the Sub-Committee's
discussions on that paper did not result in any concrete action.  Therefore, at the meeting of the
Sub-Committee held on 28 September 1999, the Chairman proposed that the Secretariat reconsider
document WT/COMTD/LDC/W/10 and the discussions held on it and suggest how LDCs might best
be assisted in implementing WTO Agreements.  This document seeks to respond to that request.
3. Document WT/COMTD/LDC/W/10 identified a number of areas in which LDCs faced
difficulties of implementation.  These were:
(a) Developing effective means of coordination among Ministries whose activities have a
bearing on the implementation of WTO Agreements;
(b) Creating the necessary domestic institutional and administrative framework;(c) Designing and implementing policy changes;
(d) Training officials;
(e) Adapting domestic legislation, regulations and procedures to comply with
WTO obligations;
(f) Meeting WTO notification requirements; and
                                                     
1 WT/COMTD/LDC/W/10, "Implementation of WTO Agreements:  Survey of the Difficulties Faced
by Least-Developed Countries and the Current Response".WT/COMTD/LDC/W/19
Page 2
(g) Establishing modern data processing facilities.
4. These areas, and some others, are treated in the following sections of this paper.  The aim has
been to restate the areas of difficulty for LDCs as well as the types of assistance already provided.
The challenge is to know whether the assistance provided is adequate in addressing the LDCs' needs,
whether (and how) such assistance should be enhanced, or whether (and how) new and different waysof assisting the LDCs to implement WTO Agreements can be identified.  This question is also being
considered in the context of an overall evaluation of technical cooperation being undertaken by the
Secretariat during 2000.
II. CURRENT ASSISTANCE TO HELP LEAST-DEVELOPED COUNTRIES
IMPLEMENT WTO AGREEMENTS
(a) Developing effective means of coordination among Ministries whose activities have a
bearing on the implementation of WTO Agreements;
(b) Creating the necessary domestic institutional and administrative framework;
(c) Designing and implementing policy changes.
5. It is often emphasised that trade-related technical cooperation should be demand-driven and
that the beneficiary governments should be the "owners" of the process.  This is, for example, the casewith the Integrated Framework for trade-related technical assistance to LDCs.  It is especially
important that individual LDCs are the owners of any technical cooperation activity aimed at:
developing effective means of coordination among Ministries whose activities have a bearing on the
implementation of WTO Agreements; creating the necessary domestic institutional and administrative
frameworks; or designing and implementing policy changes.
6. The WTO Secretariat essentially provides six types of assistance to LDCs in this respect:
(i) The first is through the Integrated Framework.  The entire Integrated
Framework process, including the preparations for a round-table meeting,
requires close cooperation among Government agencies in the LDC, as well
as between the government and the private sector.  The WTO Secretariat, incooperation with the other five core Agencies of the Integrated Framework,
provides assistance to LDC Governments to develop effective means of
coordination among Ministries whose activities have a bearing on the
implementation of WTO Agreements, create the necessary domestic
institutional and administrative framework, and to design and implementing
policy changes.  The Integrated Framework Website gives information on
activities undertaken by the six core Agencies.
(ii) Second, technical assistance on customs valuation and administration, and on
aspects of intellectual property legislation and its application, is given by the
WTO Secretariat in cooperation with the World Customs Organization
(WCO) and the World Intellectual Property Organization (WIPO),
respectively.
2
                                                     
2 The most recent description of the WTO Secret ariat's technical cooperation activities in regard to
TRIPS matters in document IP/C/W/156 (15 October 1999) provides information on the assistance the
Secretariat has provided in pursuance of its Cooperation Agreement with WIPO.  Document IP/C/W/154/Add.4WT/COMTD/LDC/W/19
Page 3
(iii) The third means by which the Secretariat gives assistance is through national
or regional seminars, technical missions and specialized workshops.  In 1999,
some 70 missions were held in 27 LDCs and 58 missions to 28 LDCs are
already planned for the year 2000.  The above-mentioned technical assistance
on customs valuation and administration and on aspects of intellectualproperty legislation and its application is included in these figures.
(iv) The fourth is the assistance to LDCs provided by the Secretariat to
delegations and visitors at headquarters or through telecommunication with
capitals from headquarters.  Frequently, this assistance is in response to
specific questions or issues related to the understanding and implementation
of WTO agreements and related commitments, including in the context of
notification requirements.
(v) In addition, the Trade Policy Review Mechanism promotes cooperation
among the different parts of a LDC Government involved in trade-related
matters and assists the Governments in assessing and designing policies.  The
1997 High-Level Meeting for LDCs recommended to the WTO Secretariat to
accommodate, on a priority basis, requests for trade policy reviews fromLDCs, and this is being done in current programmes.
(vi) Finally, the Secretariat stands ready to assist in the event of dispute
settlement cases.
(d) Training officials.
7. The training of officials is an important element in increasing LDCs' capacity to implement
WTO Agreements.  It is also one of the most regular parts of WTO activities.  Training activities are
carried out in LDCs through national and regional seminars as well as through short and long
trade-policy courses, and special courses.
8. As to the regular trade-policy courses, 78 officials from LDCs have participated in the
12 week-long courses held since the establishment of the WTO in 1995.  Furthermore, 20 participantsfrom LDCs in which "Reference Centres" have been installed (see point (g) below), have also been
participating in computer courses which, since April 1999, form an integral part of the regular
trade-policy courses' curriculum.  These participants are among more than 1800 government officials
from developing and LDCs which have participated in the regular trade-policy courses since they
have been launched under the GATT in 1955.
9. Four short trade-policy courses for LDCs (two in French and two in English) were held in
1998 and 1999.  Twenty officials attended the French courses each year and 22 officials attended theEnglish courses each year, which means that 84 officials in total attended the courses.
10. For regular trade-policy courses, permanent in ternal evaluation is conducted with a view to
adapting training to evolving needs of participant/participating countries.  In this context, efforts are
presently being made particularly on the following three fronts:
                                                                                                                                                                    
(19 October 1999), entitled "Cooperation with the World Trade Organization", contains a detailed description of
the very considerable TRIPS-related technical coopera tion activities provided by the International Bureau of
WIPO.  It should be noted that, while WIPO's legal and technical assistance is generally organized on a regional
basis, much of the assistance is directed towards the LDCs.WT/COMTD/LDC/W/19
Page 4
(i) Improvement of the quality of training, both in terms of programme content
and in terms of training methods;
(ii) Development of a follow-up programme of activities, using, inter alia ,
modern communication technology, with a view to ensuring, as feasible,
ongoing training and regular updating of training material; and
(iii) Examination of alternative means to extend the coverage of officials from
developing and LDCs, with the objective of training officials without
reducing the quality of training.
11. The effectiveness of training would, of course be enhanced if it could be ensured that the
officials trained actually remain working on relevant issues on their return to the government, and that
they stay with the government and do not go elsewhere.  It would also help if the trainees, once back
in capitals, could serve as multipliers by way of sharing, as trainers, their newly acquired skills andinformation with other officials involved in trade policy formulation and implementation.  In that
context, selection of participants for training courses is critical if the objective is to ensure maximum
long-term impact on countries nominating candidates to courses.  Participating countries have
therefore an important role to play when selecting or nominating suitable candidates.  Moreover, the
strengthening of coordination between Ministries in volved in WTO-related matters, including in the
context of the implementation of WTO Agreements, as well as Ministries that are the primary
beneficiaries (users) of technical assistance projects, constitutes one of the keys for success in
optimizing training activities delivered by the WTO and by other international organizations involved
in trade-related training.
12. In parallel with the above-mentioned activities, greater coherence and complementarity
should be strengthened between, inter alia , the installation of Reference Centres, short-term
trade-policy courses, technical assistance missions and seminars held at a national or regional level,
Trade Policy Review missions in the field, and regular trade-policy courses.  Such a reinforced and
integrated approach would encourage better definition of training needs and strategy in the WTO
itself, thus ensuring a more efficient response from the organization to difficulties encountered byLDCs.
(e) Adapting domestic legislation, regulations and procedures to comply with
WTO obligations
13. Adapting domestic legislation, regulations and procedures to comply with WTO obligations is
another area in which LDCs often demand assistance.  The WTO Secretariat assists by providing
model legislation and by giving advice during technical assistance missions, specialized workshops
and national seminars.  Two examples are assistance in the areas of customs valuation and food safetyissues.
14. Extensive technical cooperation in the area of customs valuation has been conducted in
33 developing countries.  The technical cooperation activities are designed to assist Members make a
smooth transition to the WTO system of valuation.  As part of this assistance, expert valuation
consultants have worked on preparing draft legislation, either by reviewing existing drafts or bystarting from scratch.  They have also conducted in-depth seminars on the Agreement for small
groups of customs officers as well as providing case studies and discussing general organization
issues related to implementation.  In addition, these experts have held meetings with customs officials
designed to assist them in restructuring customs ad ministrations to better apply the Agreement, and to
discuss legal issues related to specific cases.WT/COMTD/LDC/W/19
Page 5
15. The FAO/WHO Joint Codex Alimentarius Commission (Codex) provides model legislation
for food safety issues and, upon request, the WTO Secretariat cooperates with Codex, the Office
International des Epizooties (OIE) and the Secretariat of the International Plant Protection
Convention, (OIE) in this regard.
(f) Meeting WTO notification requirements.
16. Many LDC Members have difficulties meeting WTO notification requirements.  The WTO
Secretariat's 1996 Technical Cooperation Handbook contains model notifications covering all WTO
notification requirements.  Specialized workshops relating to notification obligations are also held in
connection with technical cooperation missions.  The Secretariat also routinely assists Members on
request with notification problems through contacts with Geneva-based and capital-based officials and
by providing comments on draft notifications re ceived and concrete advice on how to comply with
specific notification requirements.  The Secretariat is currently preparing a Handbook on thetransparency provisions of the SPS Agreement, including the establishment and operation of national
notification authorities and enquiry points, as well as notification procedures.  This will be circulated
to Members shortly.
(g) Establishing modern data processing facilities.
17. In response to requests for assistance to establish modern data processing facilities, the
WTO Secretariat is installing computers and Internet links in the trade or commerce ministries of all
LDCs.  Training of officials in how to use these "Reference Centres" is also provided.  Contact is
maintained by the Secretariat with such reference ce ntres to ensure that they are being used and that
technical problems are minimized.
18. All WTO Reference Centres have received a library of WTO reference materials (complete
UR Results, BISDs, TPRs etc).  New CD-based reference and training material is sent to each
reference centre as it becomes available.  This CD-based material includes training programs enabling
individuals to use a PC to access course material on specific WTO agreements and activities.  A
CD-based course on the Textiles Agreement has been distributed as well as a step-by-step training
program on how to use the Internet to access WTO documents and information.
19. The network of 63 WTO Reference Centres (38 in LDCs) was established with financing
from WTO trust funds.  Most reference centres are operating as planned and their usefulness is
attested to by comments received from trade Ministries where they are located.  They enable these
Ministries to have equal access to WTO information through the Internet.  This is particularly
invaluable for LDCs with no representatives in Geneva.  The main difficulty at present is in providing
the technical support that any computer network needs to keep operating.  Given the difficult
conditions under which many reference centres operate, especially in LDCs, there is a constant needfor technical support, advice and training.  The inability to provide this support, to replace or repair
defective equipment means that some reference centres are not able to connect to the WTO.  This lack
of funding to provide sustained technical support, advice and training for reference centres is the
biggest obstacle to the continuing success of this initiative.
III. POSSIBLE ASSISTANCE TO LEAST-DEVELOPED COUNTRIES FACING
PROBLEMS IMPLEMENTING WTO AGREEMENTS
20. Any coherent approach to improving assistance should begin with a thorough analysis at the
level of each LDC to define the type of prob lems it faces in implementing the WTO Agreements,
before looking at concrete action.  A compilation of all obligations and to what extent each LDC havemet, or is in a position to meet, future obligations could be a start.  Another useful source ofWT/COMTD/LDC/W/19
Page 6
information about the areas in which LDCs demand technical assistance is likely to be the needs-
assessments prepared by LDC Governments under the Integrated Framework.
21. While the WTO Secretariat makes continuous efforts to increase the efficiency and
effectiveness of its technical assistance, the demand for technical assistance largely exceeds its
financial, technical and human supply capacity.  As noted above, the questions must therefore beasked whether the WTO Secretariat can do more of the same or whether, and if so how, a
re-prioritization of technical assistance should be made; whether, and if so how, closer cooperation
with other multilateral and bilateral development partners can be envisaged; whether, and if so how,
bilateral or other multilateral agencies should step in to a larger extent where the WTO Secretariat's
resources are insufficient; and whether new or completely different types of technical cooperation
activities can be identified.  The answer might lie in all, or some combination, of the above.
22. For the WTO Secretariat to enhance its ongoing technical cooperation activities, more
resources, both financial and human, would be required.  It would be for WTO Members to make
those additional resources available on a regular and stable basis.  The failure to achieve a more stable
budgetary basis for technical cooperation at the Seattle Ministerial Conference is undoubtedly a
serious handicap in the short term.  In some areas, such as SPS, required technical assistance often
goes well beyond the Secretariat's competence.  For this reason, the Secretariat has occasionally usedWTO trust funds to finance Members' or international organizations' initiatives which provide the
appropriate technical and scientific background to LDC Members for the implementation of the
Agreement.  This possibility should be maintained and enhanced.
23. In the context of prioritization of assistance, it might also be helpful if the LDCs could
routinely inform the Sub-Committee about request s for assistance to implement WTO Agreements
that have not been met by any of the core Agencies, and which are considered particularly important.
That could be one way of flagging to bilateral development partners that there is an unmet need for
assistance to implement the WTO Agreements.
24. Cooperation between the WTO Secretariat and othe r intergovernmental agencies active in the
area of trade-related technical cooperation has been enhanced through the Integrated Frameworkinitiative.  The LDCs can, through that initiative, request trade-related technical assistance from all
agencies and their bilateral partners at once through the needs-assessments and the multi-year
programmes.  Information about trade-related technical cooperation activities of the six core Agencies
in the LDCs is also made readily available to all.  Duplication and overlap can be avoided and a
proper sequencing of activities can be ensured.  The review of the Integrated Framework to be
conducted in the first half of the year 2000 is likely to focus on this element, among others. It is also
worthwhile to note that, for example, in the SPS Committee the international standard-settingobserver organizations as well as Members are regularly reporting on their technical assistance
activities.
25. As regards trade-related intellectual property matters, WIPO and the WTO launched, in
July 1998, a Joint Initiative on Technical Cooperation, in pursuance of their Cooperation Agreement
referred to in footnote 2 above, to assist developing countries to meet their commitments under theTRIPS Agreement by the year 2000.  In launching the Joint Initiative, the two Organizations stressed
that assistance given to other countries, in particular LDCs, would not suffer.  Given that LDCs have
until the year 2006 to implement the TRIPS Agreemen t, ways to refocus the joint activities of the
two Organizations for the benefit of these countries might now be explored.
26. Some bilateral development partners have indicated a willingness to provide specific
assistance to implement certain agreements.  In the SPS area this is already a well established
practice.  A questionnaire has been circulated to all Members of the WTO Customs Valuation
Committee and developing countries were invited to reply to the questions so that developed countriesWT/COMTD/LDC/W/19
Page 7
(which provide bilateral and multilateral assistance) would know exactly the needs of each individual
Member and could therefore tailor their assistance to meet the needs.  In addition, the Secretariat was
asked to prepare a document outlining the activities necessary to bring about the transition to the
WTO system with a checklist of which activities Members need assistance on.3
27. In addition, developed country Members have reported on their bilateral and multilateral
technical assistance activities in the Committee.  However, the assistance available in different areas
might not always correspond to the assistance requested by the LDCs' Governments.  Developed
country officials who themselves have worked with issues relating to the implementation of their
government's WTO obligations should be well placed to provide assistance to the LDC Governments
although the situation of the two countries necessarily differ.  Bilateral assistance might take three
forms:
(a) Experts from WTO Members could, upon request by the LDCs, be sent to assist
LDC Ministries;
(b) Officials from LDC Ministries could be invited for "internships" at other
WTO Members' capitals; and
(c) Officials from LDC Ministries could be invited for "internships" at other WTO
Members' Geneva-based missions.
28. The WTO Secretariat could function as an intermediary for bilateral assistance from other
WTO Members to LDCs to enhance their capacity to implement the WTO Agreements.
29. Partnerships might also be sought with certain non-governmental organizations (NGOs) with
substantial experience in trade-related technical assistance to provide LDCs with assistance not
available from other channels.  However, it has to be recognized that some NGOs may have their ownunderstanding of the WTO Agreements and their im plementation which may not always be correct.
Nevertheless, if neither the intergovernmental agencies, nor bilateral development partners wish to
take on a certain technical cooperation activity, an NGO with the capacity to provide that particular
type of assistance might be informed of the situation and could approach the government to offer its
services or the LDC Government could be informed about the existence of NGOs to which it couldaddress requests.
30. As the assistance that LDCs receive will necessa rily continue to be more limited than the
totality of their demands, they and the agencies concerned have a clear interest in making the most
efficient use possible of the assistance provided.  The more specific the demands for assistance, the
easier it will be to provide an adequate response.  For example, as noted above, exaggerated
"mobility" of officials in LDCs a serious obstacle to efficient technical assistance.  The LDC needs to
ensure that the right person is trained, i.e. a person who will actually work with the questions treatedduring the training;  that the person trained stays with the government after the training; and that a
person trained is able to transfer his or her acquired knowledge to other officials.
31. Enhanced follow-up to different technical cooperation activities might also be a way of
increasing the efficiency of technical cooperation.  Follow-up can be enhanced both at the level of
donors but also at the level of the LDCs.
                                                     
3 Contained in document G/VAL/W/30.WT/COMTD/LDC/W/19
Page 8
IV. SIMPLIFYING THE IMPLEMENTATION OF WTO AGREEMENTS
32. Apart from discussing assistance to LDCs for the implementation of existing
WTO Agreements, the question of the content of WTO provisions has also been raised, in particular
by the LDCs themselves.  At least four issues have been mentioned:
(a) The first relates to the possibility of simplifying existing notification obligations.
Certain obligations may be too cumbersome for all WTO Members.  It is suggested
that certain notification obligations could be simplified for LDCs without diminishing
the value of the rules of the multilateral trading system.
(b) The second relates to the burden for individual LDCs represented by their WTO
obligations, as compared to their added value to the multilateral trading system.
(c) The third issue that has been raised is whether longer adjustment periods can be
provided for LDCs to comply with certai n WTO obligations.  This issue was part of
the discussion before and at Seattle, and has not been resolved.
(d) The fourth concerns the possibility of exempting LDCs completely from certain
obligations, and the consequent effect on the functioning of the WTO Agreements.
33. Questions raised by LDCs relating to simplifying the procedures and provisions of
WTO Agreements thus relate both to overall simp lification benefitting all Members and to simplified
provisions applying only LDCs.
34. It should be noted that LDCs already benefit from exemptions from some WTO obligations,
for example under the Agreement on Agriculture.  However, trade liberalization such as WTO
bindings for example, undertaken by WTO Members including LDCs, are meant to benefit all
Members in the longer term.
V. OTHER ISSUES THAT WOULD INCREASE THEIR CAPACITY TO IMPLEMENT
WTO AGREEMENTS
35. The LDCs themselves, when discussing problems of implementation, often raise issues which
some other Members consider only marginally re lated to the capacity of LDCs to implement the
WTO Agreements.  Such issues include debt cancellation and expanded bilateral aid.  Although
indirectly linked to LDCs capacity to implement the WTO Agreements, the role of the
Sub-Committee is minimal, especially as far as debt cancellation is concerned.  The WTO Secretariat
considers these issues in the context of "coherence" with the IMF and the World Bank.
36. A wider issue mentioned by LDCs, as well as other developing countries, as causing
problems for them is the perceived mis-implementation of certain WTO Agreements by other
Members which, knowingly or otherwise, have taken actions which take advantage of the lowcapacity of LDCs to understand the measures that affect them.
37. A contribution that could be made to improving the capacity of LDCs to implement existing
agreements and to participate effectively in negotiations would be to encourage their participation in
regular WTO Committee meetings.  This may require some combination of reassessment of LDCs'
own resource allocation and, possibly, sponsoring through development funds or other bilateral aidarrangements.
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