RESTRICTEDWORLD TRADE
ORGANIZATIONWT/LDC/SWG/IF/11
24 January 2001
(01-0362)
Sub-Committee on Least-Developed Countries
STATUS OF LEAST-DEVELOPED COUNTRIES ACCESSION TO
THE WORLD TRADE ORGANIZATION
Note by the Secretariat
1. At its 22nd Session in December 2000, the WTO Sub-Committee on Least-Developed
Countries, as part of its contribution to the discussions at the Third UN Conference on Least–Developed Countries (LDC-III), requested the Secret ariat to prepare a factual note on the status of
accession of LDCs.  This note is a compilation of the state-of-play of LDC accessions. Of the forty-
eight countries classified by th e UN as least-developed, Bhutan, Cambodia, Cape Verde, Laos PDR,
Nepal, Samoa, Sudan, Vanuatu and Yemen are currently in the process of accession to the WTO,
while Ethiopia, is an observer.1  2
2. This note, drawing on previous WTO Secretariat documents and discussions among
Members, outlines a) the procedures laid down for accessions under Article XII; b) the terms,
conditions and pace of the accession process, in particular the availability of special and differential
treatment including transition periods; c) the provision and co-ordination of technical assistance to
address the special needs and capacities of LDC applicants for accession; and d) the relationshipbetween accessions and new trade negotiations.
(a) Accession under Article XII of the Marrakesh Agreement Establishing the WTO
3. The negotiation of accession to the WTO under Article XII, is a more complicated
undertaking than accession to the GATT 1947, largely due to the increased scope and coverage of the
WTO Agreement.  It is also more structured and transparent.  The text of the Article is as follows:
"1. Any State or separate customs territory possessing full autonomy in the conduct of its
external commercial relations and of the other ma tters provided for in this Agreement and the
Multilateral Trade Agreements may accede to this Agreement, on terms to be agreed between
it and the WTO.  Such accession shall apply to this Agreement and the Multilateral Trade
Agreements annexed thereto.
2. Decisions on accession shall be taken by the Ministerial Conference.  The Ministerial
Conference shall approve the agreement on the terms of accession by a two-thirds majority ofthe Members of the WTO.
3. Accession to a Plurilateral Trade Agreement shall be governed by the provisions of
that Agreement."
                                                     
1 Twenty-nine LDCs are Members of the WTO. The remainder: Afganistan, Comoros, Equatorial
Guinea, Eritrea, Kiribati, Liberia, Sao Tome and Principe , Somalia and Tuvalu are currently not in the process
of acceding to the WTO.
2 Request for observer status by Ethiopia (WT/L/229) was granted by the General Council at its
meeting in October 1997 (WT/GC/M/23). Consideration of the application by Liberia for observer status at the
WTO (WT/L/357) was deferred by the General Council at its meeting in July 2000 (WT/GC/M/57).WT/LDC/SWG/IF/11
Page 2
4. No guidance is given in the text of Article XI I on the "terms to be agreed" to accede, this
being left to negotiations between existing WTO Me mbers and the applicant. Procedures followed in
negotiating these terms, being left to individual  working parties to agree, have evolved. The
Secretariat, in consultation with WTO Members, has drawn up a set of procedures to be followed. 3
5. The accession process begins with a formal request to accede from the government to the
Director-General. The General Council then considers the application to accede under WTO
Article XII and the establishment of a Working Party. The Working Party first conducts a factual
examination of the trade regime of the acceding government on the basis of a Memorandum presented
by the acceding government and replies to questions from Members. At an appropriate moment, it
moves on to negotiate the terms of accession, which relate to three main areas: adherence to WTO
rules, and market access in goods and services. When agreed, the Report of the Working Party,
including a draft Decision and Protocol of Accession, is forwarded to the General Council.  TheProtocol, which contains a single package of agreed commitments on rules; concessions and
commitments on goods; and specific commitments on services, sets out the terms on which the
applicant is invited to join WTO.  Following the General Council's adoption of the Report and
approval of the draft Decision, the acceding government becomes a Member of the WTO thirty days
after it accepts its Protocol of Accession.
(b) Terms, conditions and pace of the Accession process
6. Membership of the GATT/WTO, and applications by interested Governments to accede have
been growing steadily. From 23 founding Members of the GATT, there are 140 WTO Members, as of
31 December 2000, with a further 28 countries in the process of accession. WT/ACC/7/Rev.2, hasexamined in-depth, the experience with the operation of the accession process since the WTO
Agreement entered into force.
7. While no LDC has completed its accession to the WTO, a review of the time taken by the
accession Working Parties that have completed their work pursuant to Article XII of the WTO
Agreement, suggests a time-frame between three and ten or more years.
4  The tables attached to this
document, highlight the pace and progress made in the nine LDCs that are in accession. The tables
reveal that the status of the ongoing accessions in LDCs, are at very different stages, at a pace
determined by the applicant. Five LDC applicants have presented memoranda on their trade regime.
Following replies to the questions submitted by Members in accordance with WT/ACC/1 ("fact-
finding phase"), two LDCs have held the first meeting of their Working Parties. These two applicants
have also tabled tariff offers, agricultural supporting tables and services offers which form the basis of
negotiations in these areas, and basis to approach the final stages of their accession processes.
8. In discussions of the accession process itself, Members and observers have commented on the
pace, terms and conditions of accession, especially with regard to LDCs and small-island developing
states.5  In response to concerns expressed on delays, and the need for balance between the rights and
obligations of acceding LDC governments, taking into account their level of economic development,
there has been support for accelerating the process, with proposals put forward to give “fast-track”
                                                     
3 The different stages in the accession process are set out in WT/ACC/1, which also contains a detailed
outline format for the information to be provided by the applicant (Memorandum on the Foreign Trade Regime).
This is supplemented by Technical Notes by the Secretar iat on the information to be provided on Agriculture,
Trade in Services, SPS/TBT Issues and TRIPs contained in documents WT/ACC/4, 5, 8 and 9 respectively.
4 WT/ACC/7/Rev.2
5 Views expressed on the accession process at the General Council are contained in WT/GC/M/32,
WT/GC/M/40/Add.3 and WT/GC/M/55.  Statements made at the WTO Ministerial Conferences in Singapore
(WT/MIN(96)/ST/series), Geneva (WT/MIN(98)/ST/seri es) and Seattle (WT/MIN(99)/ST/series) also have
references to WTO accession.WT/LDC/SWG/IF/11
Page 3
operational significance.6  Some Members however, have expressed reservations on creating “dual-
tracks” or different criteria for accession, and have stressed the importance for all WTO Members
regardless of their level of economic developmen t, to make meaningful market-access commitments
and to build capacity to implement WTO consistent legislation, for effective entry and participation in
the multilateral trading system. Some have pressed the acceding government not to wait untilcompletion of the negotiations to bring their legisl ation into conformity with the WTO. To this end,
the importance of providing appropriate technical assistance at different stages of the accession
process, has been highlighted.
9. Provision of transition periods have also been the subject of discussion and negotiation in
accession Working Parties. The transition periods granted to original WTO Members have not
automatically been made available to governments acceding under Article XII, regardless of their
level of economic development.  A few transition periods have been granted in limited areas and forshort periods of time, following submission of a detailed timetable for implementation and ensuring
WTO consistency (by enactment of needed legislation, training of personnel responsible for
implementation, etc.) in all other areas.
7
10. In discussions on the need for transition periods and special and differential treatment,
different views have been expressed. While a few Members said that there was no provision for theautomatic granting of transition periods to acceding governments, others said that they were not, a
priori , opposed to transitional periods, provided that there was a clear justification for them. Some
said that all existing WTO provisions regarding sp ecial and differential treatment for LDCs should be
extended automatically and without negotiation to all LDCs acceding to the WTO.
11. Though Members have indicated that Article XII of the WTO, places no limits on the terms of
accession to be agreed through negotiation with current Members, there is need to be cognisant of the
capabilities of LDCs. In this regard, acceding LDCs, undertaking more stringent obligations than
present WTO Members (referred to as "WTO-plus" obligations) adds demands to their existing
capacities. The accession of new Members should strengthen the system, and acceding governments
including LDCs, are expected to demonstrate their willingness to comply fully with the WTO rulesupon accession. Commitment to engage in a flexible yet meaningful way, on the part of the existing
Members and LDC applicants themselves, is needed to carry the accession process forward.
(c) Building Capacities of LDCs in Accession - provision of technical assistance:
12. Many WTO Members have stated that steps should be taken to expedite the accession of
LDCs. In the early stages of accession and later, the pace of the application as determined by the
applicant, could be boosted with technical assist ance. Provision of timely and appropriate technical
assistance, through bilateral or multilateral sources, could facilitate the accession and strengthen the
capacities of least-developed applicants to accelerate the pace and enhance the quality of its
submissions and technical preparations for accession.
13. A large number of the LDC applicants are at the early "fact-finding" stages of accession, inter
alia, in the process of preparing the memorandum of foreign trade and supporting materials, and
preparing replies to written questions submitted. It is recognized that time and resources invested in
the presentation of a complete and adequate memorandum, simplifies and facilitates the subsequent
                                                     
6 The European Communities has made a submission to the General Council, contained in document
WT/GC/W/153. The document considered a streamlined approach, based on a range of minimum criteria, thatcould apply without discrimination, to all LDCs.  The proposal was discussed by the Council at its meeting in
June 1999 (WT/GC/M/40/Add.3).
7 WT/ACC/7/Rev.2WT/LDC/SWG/IF/11
Page 4
stages of the accession procedure.8  In response to requests by LDC applicants, technical support to
assist in preparations has and could continue to be provided by bilateral donors, and by international
organizations including UNCTAD and WTO.
14. As examination of the Memorandum and other supporting documents advances, technical
assistance requirements of LDCs to complete the process of accession merits further attention. ForLDC applicants further advanced in their accession process, technical assistance for the tabling of
offers, training on commercial diplomacy including negotiation techniques, provision of information
needed by the Working Party, drafting of WTO consistent legislation, is upon request, typically
provided.  This assistance, is especially helpfu l in building capacity to effectively implement and
participate in the rules-based multilateral trading system.  Some Members, have on a bilateral basis,
assisted the acceding governments to have in place the necessary legislation and enforcement
mechanisms so that the need for transition periods can be reduced. With a view to accelerating theiraccession, due consideration of the existing capacity and further assistance needs of LDC applicants
could continue to be monitored and supported.
15. The WTO Secretariat, upon request, provides technical co-operation to all acceding
governments, within available resources.
9  The nine least-developed applicants for accession have
been the subject of particular attention. Technical assistance provided upon request, includes,institutional and human resource development through: national, regional or Geneva based seminars
and workshops; provision of information needed by the Working Party; assistance in the drafting of
legislation; tabling of offers; training courses with trade negotiation simulation exercises; and
establishment of Reference Centres. Technical assistance provided by other regional and international
organisations including UNCTAD, the Worl d Customs Organization and WIPO has been
complementary.
10 In addition, the Secretariat takes all possible steps to co-ordinate technical
assistance related to accessions provided by other organisations and WTO Members.
16. In response to the need for more and better co-ordinated technical co-operation for all
acceding LDC governments, steps are being actively considered to improve delivery of assistance
under the Integrated Framework for trade-related tech nical assistance to LDCs. In this regard, the six
core agencies: IMF, ITC, UNCTAD, UNDP, Worl d Bank and the WTO are working closely with
LDCs and their bilateral, regional and multilateral development partners to, on a pilot basis, deliver
trade-related assistance in the framework of the LDCs' overall development strategy.
(d) Conclusions: accessions and new trade negotiations
17. Accessions remain a major challenge, as twenty-eight accession Working Parties, including
the nine least-developed, have still to complete their mandated work, set out in the terms of reference.This note and the accompanying tables, show that the accession processes in LDCs are at very
different stages of advancement,  ranging from the very initial stage to the more advanced.  At least
one LDC Working Party, has the potential to conclude its work in 2001, given sufficient flexibility by
both the acceding government and WTO Members.
18. Delivery of timely and appropriate technical assistance, provided at different stages, greatly
facilitates the accession process, and strengthens human and institutional capacities in LDCs.
However, for accelerated progress in the accession of LDC applicants, other flexible and innovative
                                                     
8 For complete presentation of information, the Memorandum of Foreign Trade is expected to be
consistent with the outline format contained in document WT/ACC/1.
9 WT/LDC/SWG/IF/7/Rev.1 outlines the current WTO  programme for technical co-operation.
10 The Co-operation Agreements between the WTO and the IMF and the World Bank provide for
consultations with a view to achieving greater co herence in global economic policy-making, and are also
relevant to the provision of techni cal co-operation for acceding countries.WT/LDC/SWG/IF/11
Page 5
measures could also be considered. The formulation of agreed guidelines for the accession of LDCs
has been suggested as a means of expediting their accession processes.11  The WTO Secretariat and
Members have already managed to reduce to a minimum the number of Working Party meetings and
to ensure that the meetings held are as productive as possible. These are welcome steps that have and
could be furthered to expand LDC membership in the WTO.
19. It is in the interest of WTO Members, that as many as possible of these acceding
governments, should participate as Members in the new round of trade negotiations when launched.
To accomplish this, constructive and creative approaches need to be developed.  This would assist the
acceding governments to ensure that the momentum of their domestic reform processes is maintained
and that the evolution of domestic reform is consistent with evolving WTO rules and disciplines. It is
recognized, that despite the best efforts of Members, all acceding governments may not complete their
accession before the commencement of further multilateral trade negotiations. WTO Members havesuggested that the General Council consider modalities for acceding governments to take part in the
new negotiations as effectively as possible, including, inter alia , with a degree of security short of a
legally-binding undertaking such as Provisional Accession.
12
                                                     
11 WT/GC/W/153. See footnote 6 above.
12 See WT/GC/M/40/Add.3 for a report on the discussions.WT/LDC/SWG/IF/11
Page 6Annex 1
Status of Accession Process in LDCs 13
Country Nepal Sudan Cambodia Vanuatu Laos Samoa Bhutan Cap
VerdeYemen
Application May 89 Oct 94 Dec 94 July 95 Jul 97 Apr 98 Sep 99 Oct 99 April
2000
Working PartyEstablishedJun 89 Oct 94  Dec 94 July 95 Feb 98 Jul 98 Oct 99 Jul 00 Jul 00
Memorandum Feb 90
Aug 98
Sep 98
 June 00Jan 99  June 99 Nov 95 Feb 00
First Meeting of
Working PartyMay 00 Jul 96
Tariff Offers July 00 Nov 97
May 98
Nov 99
Services Offers July 00 Nov 97
Nov 99
Agricultural Data     Sep 98
   July 99
Draft Working PartyReport
Report Adopted byWorking party
Report Adopted byCouncil
Membership
Note:  Applicants are arranged in the order that they made their application.
                                                     
13 Information on the Status of Accessions of all 28 Working Parties is contained in document WT/ACC/7/Rev.2.WT/LDC/SWG/IF/11
Page 7
Annex 2
STATUS OF LDC WORKING PARTIES
BHUTAN
Least Developed Country
1. Application Received 17 September 1999 WT/ACC/BTN/1/Rev.1
2. Working Party Established 6 October 1999 WT/GC/M/48
3. Memorandum
4. Questions and Replies
5. Meetings of the Working Party
Documentation (other)
(a) Additional Questions &
Replies
(b) Agriculture (WT/ACC/4)6. 
(c) Services (WT/ACC/5)
Negotiations on Goods
(a) Tariff Offers7. 
(b) Goods Schedule
Negotiations on Services
(a) Draft Services Schedule8. 
(b) Services Schedule
9. Factual Summary
10. Draft Working Party ReportWT/LDC/SWG/IF/11
Page 8
CAMBODIA
Least Developed Country
1. Application Received 8 December 1994 PC/W/19
2. Working Party Established
Chairperson:
Mr. A. Meloni (Italy)21 December 1994 PC/M/11
3. Memorandum 22 June 1999 WT/ACC/KHM/2
4. Questions and Replies 4 January 2001
11 January 2001WT/ACC/KHM/2
Add.1 and Add.2
5. Meetings of the Working Party
Documentation (other)
(a) Additional Questions &
Replies
(b) Agriculture (WT/ACC/4)6. 
(c) Services (WT/ACC/5)
Negotiations on Goods
(a) Tariff Offers7. 
(b) Goods Schedule
Negotiations on Services
(a) Draft Services Schedule8. 
(b) Services Schedule
9. Factual Summary
10. Draft Working Party ReportWT/LDC/SWG/IF/11
Page 9
CAP VERDE
Least Developed Country
1. Application Received 12 November 1999 WT/ACC/CPV/1
2. Working Party Established 17 July 2000 WT/GC/M/57
3. Memorandum
4. Questions and Replies
5. Meetings of the Working Party
Documentation (other)
(a) Additional Questions &
Replies
(b) Agriculture (WT/ACC/4)6. 
(c) Services (WT/ACC/5)
Negotiations on Goods
(a) Tariff Offers7. 
(b) Goods Schedule
Negotiations on Services
(a) Draft Services Schedule8. 
(b) Services Schedule
9. Factual Summary
10. Draft Working Party ReportWT/LDC/SWG/IF/11
Page 10
LAO PEOPLE'S DEMOCRATIC REPUBLIC
Least Developed Country
1. Application Received 16 July 1997 WT/ACC/LAO/1
2. Working Party Established
Chairperson:
H. E. Dr. G. Raby (Australia)19 February 1998 WT/GC/M/26
3. Memorandum
4. Questions and Replies
5. Meetings of the Working Party
Documentation (other)
(a) Additional Questions &
Replies
(b) Agriculture (WT/ACC/4)6.
(c) Services (WT/ACC/5)
Negotiations on Goods
(a) Tariff Offers7.
(b) Goods Schedule
Negotiations on Services
(a) Draft Services Schedule8.
(b) Services Schedule
9. Factual Summary
10. Draft Working Party ReportWT/LDC/SWG/IF/11
Page 11
NEPAL
Least Developed Country
1. Application Received 16 May 1989
2. Working Party Established
Chairperson: H.E. Mr. R. Farrell
(New Zealand)21-22 June 1989 C/M/234
3. Memorandum 26 February 1990
10 August 1998
18 September 1998
16 June 2000L/6637 (Goods only)
WT/ACC/NPL/2
Add.1 & Add.2
Corr.1
4. Questions and Replies 8 June 1999
14 June 2000
17 May 2000WT/ACC/NPL/3  &
Add.1/Add2
Add.3Corr.1
5. Meetings of the Working Party 22 May 2000
Documentation (other)
(a) Additional Questions &
Replies
(b) Agriculture (WT/ACC/4) 17 September 1998
8 July 1999WT/ACC/SPEC/NPL/1
WT/ACC/SPEC/NPL/26.
(c) Services (WT/ACC/5)
Negotiations on Goods
(a) Tariff Offers 7 July 2000 WT/ACC/SPEC/NPL/37.
(b) Goods Schedule
Negotiations on Services
(a) Draft Services Schedule 7 July 2000 WT/ACC/SPEC/NPL/48.
(b) Services Schedule
9. Factual Summary
10. Draft Working Party ReportWT/LDC/SWG/IF/11
Page 12
SAMOA
Least Developed Country
1. Application Received 15 April 1998 WT/ACC/WSM/1
2. Working Party Established
Chairperson:
Mr. Yoichi Suzuki (Japan)15 July 1998 WT/GC/M/29
3. Memorandum 17 February 2000 WT/ACC/SAM/2
4. Questions and Replies
5. Meetings of the Working Party
Documentation (other)
(a) Additional Questions &
Replies
(b) Agriculture (WT/ACC/4)6.
(c) Services (WT/ACC/5)
Negotiations on Goods
(a) Tariff Offers7.
(b) Goods Schedule
Negotiations on Services
(a) Draft Services Schedule8.
(b) Services Schedule
9. Factual Summary
10. Draft Working Party ReportWT/LDC/SWG/IF/11
Page 13
SUDAN
1. Application Received 11 October 1994 PC/W/4
2. Working Party Established
Chairperson:
Mr. A. Lecheheb (Morocco)25 October 1994 PC/M/6
3. Memorandum 26 January 1999 WT/ACC/SDN/3
4. Questions and Replies 30 November 2000 WT/ACC/SDN/4 & Add.1
5. Meetings of the Working Party
Documentation (other)
(a) Additional Questions &
Replies
(b) Agriculture (WT/ACC/4)6.
(c) Services (WT/ACC/5)
Negotiations on Goods
(a) Tariff Offers7.
(b) Goods Schedule
Negotiations on Services
(a) Draft Services Schedule8.
(b) Services Schedule
9. Factual Summary
10.  Draft Working Party ReportWT/LDC/SWG/IF/11
Page 14
VANUATU
Least Developed Country
1. Application Received 7 July 1995 WT/ACC/VUT/1
2. Working Party Established
Chairperson:
H.E. Mrs. S. Syahruddin
(Indonesia)11 July 1995 WT/GC/M/5
3. Memorandum 30 November 1995 WT/ACC/VUT/2
4. Questions and Replies 9 May 1996 WT/ACC/VUT/4 & Add.1
5. Meetings of the Working Party 3 July 1996
18 October 19992 Formal Meetings of the
Working Party
Documentation (other)
(a) Additional Questions &
Replies27 October 1997
11 May 1998WT/ACC/VUT/6
WT/ACC/VUT/7
Add.1 & Corr.1
Add.2
(b) Agriculture (WT/ACC/4)6.
(c) Services (WT/ACC/5)
Negotiations on Goods
(a) Tariff Offers 3 November 1997
11 May 1998WT/ACC/SPEC/VUT/2
Rev.27.
(b) Goods Schedule 10 November 1999 WT/ACC/VUT/12/Add.1
Negotiations on Services
(a) Draft Services Schedule 3 November 1997
22 September 19999 November 1999WT/ACC/SPEC/VUT/3
Rev.2WT/ACC/VUT/128.
(b) Services Schedule
9. Factual Summary
10. Draft Working Party Report 22 September 1999
9 November 1999WT/ACC/SPEC/VUT/7
WT/ACC/VUT/12WT/LDC/SWG/IF/11
Page 15
YEMEN
Least Developed Country
11. Application Received 12 April 2000 WT/ACC/YEM/1
12. Working Party Established 17 July 2000 WT/GC/M/57
13. Memorandum
14. Questions and Replies
15. Meetings of the Working Party
Documentation (other)
(a) Additional Questions &
Replies
(b) Agriculture (WT/ACC/4)16. 
(c) Services (WT/ACC/5)
Negotiations on Goods
(a) Tariff Offers17. 
(b) Goods Schedule
Negotiations on Services
(a) Draft Services Schedule18. 
(b) Services Schedule
19. Factual Summary
20. Draft Working Party Report
G:\dmssys\division\SWG\4781A.DOC
__________