WORLD TRADE
ORGANIZATIONS/C/9
31 March 1999
(99-1352)
Council for Trade in Services
TEXT OF PROPOSED "AGREEMENT BETWEEN THE
INTERNATIONAL TELECOMMUNICATION UNION AND
THE WORLD TRADE ORGANIZATION"
Approved by the Council for Trade in Services on 23 March 1999
Attached is the text of the proposed "Agreement between the International
Telecommunication Union and the World Trade Organization" as approved by the Council for Tradein Services at its meeting of 23 March 1999. The proposed Agreement is attached in Annex I.  Annex
II contains the "Agreed Commentary" on the provisions of the proposed Agreement.
This proposed Agreement will be considered by the Council of the ITU at its meeting of 14-
25 June 1999.
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ANNEX I
AGREEMENT BETWEEN THE INTERNATIONAL TELECOMMUNICATION UNION
AND THE WORLD TRADE ORGANIZATION
PREAMBLE
CONSIDERING the growing interactions between trade and telecommunications policies
pursued by individual countries arising from the globalization of markets and the growing awareness
of telecommunications as a traded service;
RECOGNIZING the increasing linkages between the various aspects of telecommunications
and trade policy-making that fall within the respective mandates of the InternationalTelecommunication Union ("ITU") and the World Trade Organization ("WTO");
RECOGNIZING the close collaborative relationship existing over the past several decades
between the ITU and the CONTRACTING PARTIES to the General Agreement on Tariffs and Trade,
and the importance of continuing and strengthening such a relationship between the ITU and theWTO;
HAVING REGARD to ARTICLES 8 and 50 of th e Constitution of the ITU (Geneva, 1992)
which provide for the entering into agreements be tween the ITU and other international organizations
and for cooperation between the ITU and other international organizations;
HAVING REGARD to ARTICLE V of the Agreement Establishing the World Trade
Organization, ARTICLE XXVI of the General Agreement on Trade in Services (GATS) concerning
consultations and cooperation between the WTO and specialized agencies of the United Nations and
Section 7 of its Annex on Telecommunications recogn izing “the role played by intergovernmental and
non-governmental organizations and agreements in ensuring the efficient operation of domestic and
global telecommunications services, in particular the International Telecommunication Union” and
directing that "Members shall make appropriate arrangements, where relevant, for consultation with
such organizations on matters arising from the implementation of this Annex.";
The ITU and the WTO agree as follows:
PARAGRAPH 1
The ITU and the WTO shall cooperate in the discharge of their respective mandates in
accordance with the provisions of this Agreement.
1
PARAGRAPH 2
The ITU and the WTO shall identify areas of common interest within their respective
mandates, with particular emphasis on technical, regulatory and development matters, in which
cooperation may foster the purposes of both organizations. The WTO Secretariat and the ITU
Secretariat shall endeavour to cooperate on matters relating to trade in telecommunications in areas of
common interest identified pursuant to this paragraph.
                                                     
1For the purposes of this Agreement, any reference to the ITU or the WTO as such (and not explicitly
to the ITU Secretariat or the WTO Secretariat) or to the institution or the organization, is understood to refer to
the decision-making bodies of the ITU and the WTO (e.g. the Ministerial Conference, the General Council, the
Council for Trade in Services), respectively.S/C/9
Page 3
PARAGRAPH 3
The WTO shall invite the ITU Secretariat as an observer to meetings of the Ministerial
Conference and the Council for Trade in Services.  The ITU Secretariat shall also be invited as an
observer to meetings of other relevant WTO bodies (excluding the Committee on Budget, Finance and
Administration, the Dispute Settlement Body, the Appellate Body and dispute settlement panels)
where that body considers that matters of common interest to both organizations will be under
discussion.
PARAGRAPH 4
The ITU shall invite the WTO Secretariat as an Observer to Conferences and Meetings of the
Union or of its Study Groups where matters of co mmon interest to both organizations will be under
discussion.
PARAGRAPH 5
The WTO Secretariat shall make available to the ITU Secretariat the agenda of any WTO
meeting (other than those of the Committee on Budget, Finance and Administration, the Dispute
Settlement Body, the Appellate Body and dispute settlement panels) at the time of its circulation in
the WTO, if the agenda includes a telecommunications matter that may be of interest to the ITU.  The
ITU Secretariat shall make available to the WTO Secretariat the agenda of any Conference or
Meetings of the Union or its Study Groups at the time of its circulation in the ITU, if the agendaincludes a telecommunications matter that may be of interest to the WTO.  The ITU and the WTO
Secretariats shall make available to each other in  advance the relevant documents for the meetings to
which they are invited pursuant to the terms of this Agreement.
PARAGRAPH 6
The ITU Secretariat and the WTO Secretariat shall endeavour to cooperate in  technical
assistance and cooperation activities , within their respective mandates , for developing countries and
shall provide information on regulatory matters relevant to trade in telecommunications, so as to
maximize the usefulness of those activities to their Members and ensure their mutually supportive
nature.  For this purpose, the ITU Secretariat and the WTO Secretariat shall keep in regular contact
and shall inform each other of relevant technical cooperation that each of the Parties is called upon to
provide.
PARAGRAPH 7
For the purpose of this Agreement, the Secretary-General of the ITU and the Director-General
of the WTO shall ensure cooperation between the staffs of the two institutions and, to that end, shall
agree on appropriate procedures for collaboration, and regular exchanges of  information on technical,
regulatory and policy issues.
PARAGRAPH 8
The ITU and the WTO recognize the importance of incurring no additional budgetary costs
for the implementation of such activities as referred  to in paragraphs 6 and 7 that they may identifyS/C/9
Page 4
and agree to undertake jointly.  If necessary, other appropriate sources of funding shall be determined
by the Secretariats.
PARAGRAPH 9
Subject to such limitations as may be necessary for safeguarding of confidential material, the
ITU and the WTO shall arrange the timely exchange of information, reports and other documents of
mutual interest, including access to databases, and shall ensure that any information communicated
under this Agreement shall be used only within the limits specified by the other.
PARAGRAPH 10
The Secretary-General of the ITU and the Director-General of the WTO shall be responsible
for the implementation of this Agreement and, to that effect, shall make such  practical arrangements
as they deem appropriate and shall inform their respective Members and consult with them regularly
as to matters relating to the implementation of this Agreement.
PARAGRAPH 11
This Agreement shall be reviewed upon the request of either the ITU or the WTO and may be
amended by mutual written agreement.
PARAGRAPH 12
This Agreement may be terminated by either the ITU or the WTO by written notice to the
other and, unless otherwise agreed, shall terminate six  months after receipt of such notice .
PARAGRAPH 13
Following approval by the Council of the ITU and the General Council of the WTO, this
Agreement shall enter into force on the date of its signature.  Its final entry into force shall take effect
from the date on which the WTO receives notification of approval of this Agreement by the ITU
Plenipotentiary Conference.
Done in Geneva on [                      1999].
For the International Telecommunication Union For the World Trade Organization
Y. UTSUMI
Secretary-GeneralR. RUGGIERO
Director-General
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ANNEX II
Agreed Commentary
on the
AGREEMENT BETWEEN THE INTERNATIONAL TELECOMMUNICATION UNION
AND THE WORLD TRADE ORGANIZATION
(No Commentary on the Preamble)
PARAGRAPH 1
The ITU and the WTO shall cooperate in the discharge of their respective mandates in
accordance with the provis ions of this Agreement.1
Comment:  This paragraph provides the basis for cooperation between the ITU and the WTO
PARAGRAPH 2
The ITU and the WTO shall iden tify areas of common interest within their respective
mandates, with particular emphasis on technical, regulatory and development matters, in which
cooperation may foster the purposes of both or ganizations. The WTO Secretariat and the ITU
Secretariat shall endeavour to cooperate on matter s relating to trade in telecommunications in
areas of common interest identified pursuant to this paragraph.
Comment: This paragraph provides for the ITU and the WTO jointly to identify areas of
common interest with a view to ensuring that their activities are mutually supportive and
serve to maximize the benefits of trade in telecommunications within the context of  their
respective mandates. This paragraph would not authorize either the ITU or the WTO toundertake activities outside the scope of their respective mandates.
PARAGRAPH 3
The WTO shall invite the ITU Secretariat as an observer to meetings of the Ministerial
Conference and the Council for Trade in Services.  The ITU Secretariat shall also be invited as
an observer to meetings of other relevant WTO bodies (excluding the Committee on Budget,
Finance and Administration, the Dispute Settlement Body, the Appellate Body and dispute
settlement panels) where that body consider s that matters of common interest to both
organizations will be under discussion.
Comment:  This paragraph deals with attendance by a representative of the ITU Secretariat,
as an observer, at meetings of the specified bodies of the WTO.  It also provides for the
possibility of  observer status for the ITU in other WTO bodies, where the body concerned
agrees that matters of common interest to both organizations will be under discussion.
                                                     
1 For the purposes of this Agreement, any reference to the ITU or the WTO as such (and not explicitly
to the ITU Secretariat or the WTO Secretariat) or to the institution or the organization, is understood to refer to
the decision-making bodies of the ITU and the WTO (e.g. the Ministerial Conference, the General Council, the
Council for Trade in Services), respectively.S/C/9
Page 6
PARAGRAPH 4
The ITU shall invite the WTO Secretariat as  an Observer to Conferences and Meetings
of the Union or of its Study Groups where matters of common interest to both organizations will
be under discussion.
Comment:  This paragraph deals with attendance by a representative of the WTO Secretariat,
as an observer, at the specified meetings of ITU.  Whether "matters of common interest to
both organizations will be under discussion" would be determined in accordance with
relevant provisions of the ITU Constitution and Convention and by informal consultations
between the WTO Secretariat and the ITU Secretariat.
PARAGRAPH 5
The WTO Secretariat shall make available to the ITU Secretariat the agenda of any
WTO meeting (other than those of the Committ ee on Budget, Finance and Administration, the
Dispute Settlement Body, the Appellate Body and dispute settlement panels) at the time of its
circulation in the WTO, if the agenda includ es a telecommunications matter that may be of
interest to the ITU.  The ITU Secretariat shal l make available to the WTO Secretariat the
agenda of any Conference or Meetings of the Union or its Study Groups at the time of its
circulation in the ITU, if the agenda includ es a telecommunications matter that may be of
interest to the WTO.  The ITU and the WTO Secre tariats shall make available to each other in
advance the relevant documents for the meetings to which they are invited pursuant to the
terms of this Agreement.
Comment: For meetings to which representatives of either institution are invited, each
institution will make available the agenda and relevant documents in advance of the meeting
and when they are formally circulated in each institution. These measures should permit eachinstitution to be adequately informed of the activities of the other in a timely manner.
PARAGRAPH 6
The ITU Secretariat and the WTO Secretariat shall endeavour to cooperate in  technical
assistance and cooperation activities, within their respective mandates, for developing countriesand shall provide information on regulatory matters relevant to trade in telecommunications, so
as to maximize the usefulness of those activities to their Members and ensure their mutually
supportive nature.  For this purpose, the ITU Secretariat and the WTO Secretariat shall keep in
regular contact and shall inform each other of relevant technical cooperati on that each of the
Parties is called upon to provide.
Comment:  This paragraph provides for cooperation among the ITU and WTO Secretariats
on technical assistance with respect to developing countries.  This paragraph does not
commit the WTO to provide technical assistance to Member States of the ITU that are neither
Members of the WTO nor negotiating accession thereto.
The cooperation envisaged may include continuing and expanding information programmes 
and seminars for developing countries on the GATS as it relates to telecommunications.S/C/9
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PARAGRAPH 7
For the purpose of this Agreement, the Secre tary-General of the ITU and the Director-
General of the WTO shall ensure co operation between the staffs of the two institutions and, to
that end, shall agree on appropriate procedures for collaboration and regular exchanges of
information on technical, regulatory and policy issues.
Comment: This general provision affirms the practice of cooperation between the staffs of the
two institutions.  The details of staff contacts can be determined by the Secretary General of
the ITU and the Director-General of the WTO pu rsuant to their authority to implement the
Agreement (see paragraph 10   below). It provides for a regular exchange of documentation
between the two institutions and also provides for consultations as appropriate at the staff
level and for the possibility to develop joint research, seminars and workshops, and technicalassistance projects in areas of mutual interest.
The ITU Secretariat will continue to provide the WTO Secretariat access to the
Telecommunications Indicators Database, as well as complimentary copies in appropriate
form (print, diskette or CD-ROM) of  ITU publ ications of common interest.  The ITU staff will
give sympathetic consideration to requests by the WTO Secretariat for other information and
statistics.  Any material provided to the WTO will be on the understanding that it is the
copyrighted work of the ITU and redistribution beyond the WTO Secretariat is prohibited.
The WTO Secretariat will provide the ITU staff access to the Services Database of the WTO
and to final schedules of commitments of WTO Members, as well as complementary copies in
appropriate form (print, diskette or CD-ROM)  of WTO publications of common interest on
the understanding that the material provided is the copyrighted work of the WTO and that its
redistribution beyond the ITU staff is prohibited. The WTO staff will give sympathetic
consideration to requests by the ITU Secretariat for access to other information, statistics ordatabases.
It is understood that any information provided under this paragraph may be subject to a
confidentiality constraint under paragraph 9.
PARAGRAPH 8
The ITU and the WTO recognize the importance of incurring no additional budgetary
costs for the implementation of such activities as referred to in paragraphs 6 and 7 that they
may identify and agree to undertake jointly.  If necessary, other appropriate sources of funding
shall be determined by the Secretariats.
Comment: The two institutions are conscious of budgetary constraints and the importance of
avoiding  increases in  overall costs to Members.  Both organizations have, in the past,
cooperated with other international and non-governmental organizations to obtain funding of
technical studies and technical assistance projects for developing countries and wouldanticipate continuing to do so in the future to ensure, where necessary, adequate funding for
worthwhile joint activities of this nature.
PARAGRAPH 9
Subject to such limitations as may be necessary for safeguarding of confidential
material, the  ITU and the WTO shall arrange the timely exchange of information, reports andS/C/9
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other documents of mutual interest, including access to databases , and shall ensure that any
information communicated under this Agreement sh all be used only within the limits specified
by the other.
Comment: This paragraph commits each institution to preserve the confidentiality of material
received from the other organization.  The general wording of the paragraph entails the
possibility that restrictions may be placed on the use of the information either inside or
outside the institution.
PARAGRAPH 10
The Secretary-General of the ITU and the Director-General of the WTO shall be
responsible for the implementation of this Ag reement and, to that effect, shall make such
practical arrangements as they deem appropri ate and shall inform their respective Members
and consult with them regularly as to matters rel ating to the implementation of this Agreement.
Comment:  The Secretary General of the ITU and the Director-General of the WTO are
charged with implementing the Agreement.  They are authorized to make supplementary
arrangements within the terms of the Agreement. The provision also recognizes the
importance of close collaboration with Memb ers in achieving an effective and mutually
beneficial implementati on of this Agreement.
PARAGRAPH 11
This Agreement shall be reviewed upon the re quest of either the ITU or the WTO and
may be amended by mutual written agreement.
Comment:   This provision requires the two institutions to review the Agreement if either one
requests reconsideration of any matter in the Agreement; while there is no obligation to agree
to amendments, any request for review woul d have to be examined in good faith.  An
amendment would require the consent of both parties.
PARAGRAPH 12
This Agreement may be terminated by eith er the ITU or the WTO by written notice to
the other and, unless otherwise agreed, shall terminate six  months after receipt of such notice .
Comment:  It is standard practice to include a paragraph on termination in international
agreements.
PARAGRAPH 13
Following approval by the Council of the ITU and the General Council of the WTO, this
Agreement shall enter into force on the date of its signature.  Its final en try into force shall take
effect from the date on which the WTO receives  notification of approval of this Agreement by
the ITU Plenipotentiary Conference.
(No Commentary on the Paragraph 13.)
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