WORLD TRADE
ORGANIZATIONWT/GC/W/451
11 October 2001
(01-4987)
General Council Original:  English
PREPARATIONS FOR THE FOURTH SESSION OF THE MINISTERIAL CONFERENCE
Issues and Proposals for the Fourth WTO Ministerial Conference
Communication from Malawi
The following communication, dated 3 October 2001, has been received from the Ministry of
Commerce and Industry of Malawi.
_______________
1. The Need to Focus on Development
1.1 Malawi believes that no new Round should be started until there has been full implementation
of the agreements concluded in the last Round, and an evaluation of their effects done.
1.2 It is Malawi’s view like many developing countries that the rules and disciplines that emerge
from the negotiations should support efforts for strengthening supply capacities; provide flexibility in
the use of appropriate policy instruments to enhance the process of structural transformation of the
economies of developing countries; improve market access for products of export interest to them;
and have a developmental agenda.  Unless these questions are resolved, it does not believe that furthernegotiations on new areas should be initiated.
1.3 Malawi today, just like other least developed countries faces severe trade and economic
problems, including external debt, decline in co mmodity prices, weak competitiveness, supply side
constraints, weak institutional and human capacity, all of which affect her export earnings and balanceof payment position.  Regrettably, these issues are not being covered under the WTO framework, and
there is no coordination with initiatives such as the UN’s proposals on a new financial architecture.
1.4 Malawi, therefore, proposes that development issues should be given priority.
 Its five priorities are:
1.4.1 Assistance to develop infrastructure for trade, in particular inter linkages in the transport
system to overcome the problem of being landlocked.  Further, multinational and regional financial
organizations and bilateral and multilateral donors should give special attention to the building ofinfrastructure to enhance the attractiveness of LDC economies to foreign investors;
1.4.2. Further debt relief to release funds to develop supply capacities to meet new market access.
In this respect, Malawi welcomes the HIPC initiative, which will go along way in helping Malawi use
the resources for social and economic (productive) development;
1.4.3. Examination of the structure of commodity markets and the resulting low prices;WT/GC/W/451
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1.4.4. Establishing permanent institutions to facilitate technology transfer; and
1.4.5. Establishment of a trust fund to ensure that developing countries have sufficient finance to
meet the costs of implementing WTO agreements and other international obligations
1.5 After considering the problems of implementation, this submission addresses the following
issues considered crucial to Malawi:
• Market access for agricultural exports;
• Services;
• Intellectual property protection;
• Market access conditions for manufactures for least developed countries;
• Rules for anti-dumping actions and safeguards;
• Barriers to trade caused by Sanitary and Phytosanitary measures and Technical
Barriers to Trade;
• Trade related investment measures;
• The relationship between trade and environment regulations;
• Reforms needed in the way the WTO works; and
• Needs for technical assistance.
2. Implementation Issues
2.1 Malawi is concerned that developed countries have not fully complied, in letter and spirit,
with the agreements made in the Uruguay Round to provide Special and Differential Treatment
(S&D) to all developing countries, and especially the least developed, or to provide technicalassistance to them to meet their obligations under the WTO agreement and to take advantage of the
new opportunities which that agreement created.  It therefore asks that a system of review and
evaluation be established to consider:
• Implementation of S&D Treatment;
• Progress on technical assistance, in particular the IF and JITAP programme; and
• The impact of the agreements on least developed countries.
2.2 The provision of S&D Treatment in the WTO Agreement was a recognition of the special
situation facing developing countries, and LDCs in particular, regarding their capacity to implement
the Agreement and take advantage of trade opportunities arising from the Uruguay Round
Agreements.
2.3 The developing and least developed countries, including Malawi, need effective and
implementable S&D provisions due to low levels of  industrialization, high cost of capital, lack of
adequate technology, inadequate infrastructure, lack of skilled manpower, balance-of-payments
problems, and high dependence on primary products for export.
2.3 Unfortunately, since the entry into force of the WTO agreements, most of the developed
countries have not honoured their commitments to the S&D provisions.  As a result, developingcountries and least developed countries have not achieved desired access to the markets of developed
countries.WT/GC/W/451
Page 3
2.4  Malawi, therefore, proposes the following:
• The provisions for S&D treatment under the various WTO agreements should be
operationalized;
• S&D provisions that are general in nature should be translated into more specific
terms;
• S&D provisions should be made a permanent feature in the WTO Agreement; and
• Developed countries should be effectively committed to the implementation of the
Special and Differential Treatment provisions of the WTO especially in areas oftechnical assistance and transfer of technology.
2.5 Malawi also has some more specific concerns:
Malawi, still faces difficulties in implementing the Uruguay Round Agreements.  The
difficulties faced are primarily attributed to weak and inadequate institutional capacity of the
local implementing agencies.
2.6 The constraints which Malawi faces relating to implementation include the following:
2.6.1      Notification requirements:
Since the coming into force of the WTO agreements, Malawi has experienced difficulties in
meeting the notification obligations. The notifications are numerous, and in some cases complex.
Malawi therefore proposes that:
• The questionnaires and formats be simplified; and
• All least developed countries should be exempted from notifying certain types of ad-
hoc measures.
2.6.2 Alignment of national laws, rules and regulations to WTO requirements:
Member countries are called upon to align their national laws, rules and regulations to WTO
requirements.  Owing to weak institutional capacity and financial constraints, it has been difficult for
Malawi to implement the requirements.  Further, certain Agreements mandate the establishment of
national institutions, which are a strain on the financial and administrative resource of the country.
In this regard, Malawi, proposes that:
• Transitional periods for compliance should be further extended for least developed
countries; and
• technical assistance should be provided to  build capacities to draft new legislation
and establish institutions to administer new laws and regulations.WT/GC/W/451
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  2.6.3 Agreement on Customs Valuation
Customs Valuation plays a crucial role given the relative dependence on customs duties as a
source of most LDCs’ government revenue.  This holds specially true when it is considered that most
least developed countries have already reduced their nominal tariffs following structural adjustmentprogrammes.
Malawi, therefore, proposes that:
• The implementation phase of the Agreement and its possible impact on revenue and
the capacity of national customs authorities to administer it should be furtherexamined; and
• The transitional period provided for in Article XX of the Agreement should be
extended in order to allow LDCs to acquire the necessary technical assistance andexpertise to implement the agreement.
2.6.4 Dispute Settlement
While recognizing that the Uruguay Round has made a significant improvement on the
efficiency of dispute settlement, least developed countries have not been able to utilize the mechanism
largely due to their lack of financial resources and legal experitise associated with dispute settlement
procedures.  Notwithstanding this connection, Malawi welcomes the coming into being of the legal
advisory centre independent of the WTO Framework, which will provide free services to LDCs.
Malawi, however, proposes that:
• An organ be established to monitor and enforce the implementation of the provisions
in favour of LDCs, under the Dispute Settlement Mechanism; this organ should be
funded from the WTO regular budget and housed in the WTO secretariat building.
• The Legal Advisory Centre should be able to advise on and assist in the adoption of
domestic laws and measures.
For many of these implementation issues, Malawi will require technical and financial
assistance.
3. Market Access for Agricultural Exports
3.1 The current negotiations on agriculture and trade in services are mandated under the Built- In
Agenda  of the Agreement on Agriculture and Agreement on Trade in Services. The TRIPsAgreement also has its own built-in agenda in  the form of reviews of specific provisions
3.2 Agriculture is the mainstay of Malawi’s economy.  Food security and the maintenance of
agriculture-based livelihoods are the major development goals for least developed countries.  The
market access of agricultural products from least developed countries continues to be adversely
affected because of the following:
• the lack of specific disciplines with regard  to the implementation of tariff rate quotas
which stifle market access opportunities;WT/GC/W/451
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• the continued application of subsidies by developed countries resulting in market
distortions;
• existence of high import duties, tariff peaks and tariff escalation; and
• prevalence of non-tariff barriers e.g. SPS and TBT measures.
3.3 Notwithstanding these limitations, Malawi shares the objectives of:
• Maintaining and improving market access;
• Improving her food security and protection of the environment; and
• Addressing difficulties caused by complex technical requirements such as SPS and
TBT.
3.4 It is well known that the on-going negotiations on Agriculture essentially dwell on the
substantial reduction of the high tariff levels and domestic support (subsidies) making the sector more
liberalized, removal of market distorting export subsidies and bringing meaningful disciplines in
agriculture trade.
3.5 For Agricultural negotiations, Malawi, therefore, proposes that:
• existing quotas should be increased and bound at minimal levels, with the ultimate
goal of duty free access for all agricultural products, including those in processedform exported by least developed countries;
• all least developed countries should maintain their exemption from undertaking
commitments on domestic support and export subsidies;
• the Agreement on Agriculture should be reviewed to increase flexibility in the use by
developing countries of the de minimis measures;
• the regulation of export subsidies should be revised to prevent subsidies with harmful
effects on other countries’ trade, while allowing those necessary to support the foodconsumption of poor people;
• financial assistance to LDCs be geared to catalyse optimal agricultural production, to
assist them to increase local food production and capacity in marketing, storage anddistribution and assist them to meet rising food requirements and the associated high
food import costs;
• removal of export subsidies by developed countries;
• reduction of tariffs and removal of tariff peaks and tariff escalations by developed
countries, for example those on cigarettes, processed tea;  and
• removal of non tariff barriers and the use of barriers such as SPS and TBT for
protectionist purposes in agriculture trade.WT/GC/W/451
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4. The General Agreement on Trade in Service (GATS)
4.1 Malawi takes note of the WTO adoption on 28th March 2001 of  the guidelines and
procedures for the  multilateral negotiations on trade in services. According to the guidelines, there
will be no prior exclusion of any service sector or mode of supply. However, special attention will bepaid to sectors and modes of supply of export interest to member countries.
4.2 Under Services, Malawi proposes that:
• the Special and Differential Treatment Measures accorded to LDCs, in particular the
right to regulate service sectors to meet national development policy objectives beretained;
• least developed countries have been encouraged to endeavour to strategically
liberalize those services geared towards their national development policy objectives.Malawi has significantly liberalised its financial sector, but assistance is required in
sequencing any liberalisation and undertaking further liberalisation;
• Malawi would also like other members to liberalise in the priority sectors such as
transportation, and tourism;
• it proposes that a code be established to regulate the conditions of transit trade, under
which countries would be required to offer national treatment to transit traffic;
• there is need to preserve the architecture of the GATS and to pursue the effective
implementation of the provisions in favour of developing countries, notably Articles
IV and XIX;
• as proposed in the last Round, a safeguard mechanism should be introduced into the
GATS; and
• liberalisation of movement of natural persons under mode 4 should be given due
attention.
5.   The  Agreement  on Trade – Related Aspects  of  Intellectual Property  Rights (TRIPS)
5.1 The TRIPS Agreement contains shortcomings unfavourable to least developed countries’
interests. These  include:
• non-recognition of the rights of local communities to their traditional and indigenous
knowledge which may lead to unjustified patenting of their knowledge and ofbiological resources by foreign corporations;
• inadequate transitional periods i.e. limited periods of time are given to least-
developed countries for the implementation of the TRIPS Agreement;
• the scope of Article 23 of the TRIPS Agreement on the protection of geographical
indications being limited to wines and spirits which are products of special interest todeveloped countries in particular European countries;
• lack of commitment to implement all the provisions dealing with transfer of
technology to least developed countries in particular Article 66.2 of TRIPS; andWT/GC/W/451
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• problem of access to essential medicines as for instance demonstrated by Brazil’s and
South Africa’s cases on AIDs-related drugs.
5.2 It is, therefore, proposed that :
• under  the review  of Article  27.3, which  provides  for  patentability  of life forms,
there  should  be  a  formal  clarification that naturally  occurring  plants, animals,
biological processes  for the  production  of  plants, animals  and  their  parts  must
not   be patentable;
• A provision  should be  incorporated  to the  effect  that  patents  must  not  be
granted  without  the prior  informed consent  of the country  of origin. Further,
patents  inconsistent  with article 15  of the  Convention  on Biological Diversitywhich recognizes the sovereign rights of States over their natural resources and
further states that access to genetic resources should be subjected to prior informed
consent of the contracting party providing such resources, must not be granted ;
• transitional periods for least developed countries should be extended to match their
capacity to implement and benefit from the TRIPS Agreement based upon anassessment of technological capacity of LDCs;
• the common understanding that no provision of the TRIPS Agreement should prohibit
members from taking measures to provide access to essential medicines at affordableprices and promote public health and nutrition should be confirmed through a
ministerial declaration;
• essential drugs for example those for malaria, tuberculosis, HIV AIDS  should be
excluded from patentability;
• Members must retain the option to select their sui generis system for plant variety
protection, including recognising traditional knowledge, traditional medicine and the
rights of farmers to use, save and exchange seeds; and
• on geographical indications, the protection should be extended to other products than
wines and spirits.  Among those which are important for Malawi are:  tobacco, coffee,
tea, fish.
6. Market Access Conditions for Manufactures for Least Developed Countries
6.1 Special arrangements for least developed countries
Market access issues continue to pre-occupy many least developed countries. The initiative to
improve market access for LDCs was first contained in the 1996 Singapore Ministerial Declaration by
which WTO Members agreed to a Plan of Action in favour of LDCs. Among the stated objectives of
this initiative, was that of taking positive measures, for example, to provide duty free market accesson an autonomous basis, for products of LDCs and thus aiming at their overall capacity to respond to
the opportunities offered by the multilateral trading system.
While recent initiatives have been undertaken by the major trading partners in favour of
LDCs such as the Everything But Arms (EBA) and the African Growth Opportunity Act (AGOA),nonetheless, much more needs to be done in areas of non-tariff barriers such as sanitary and
phytosanitary measures, technical standards, rules of origin, anti-dumping activities etc.WT/GC/W/451
Page 8
The position of Malawi on market access therefore includes the following elements:
• developed countries should provide bound duty-free, quota  preferences on all
products of export interest to  least developed countries;
• developed countries should reduce and remove tariffs, tariff peaks and tariff
escalations on all products particularly those from LDCs;
• duty-free treatment should be provided to all products of export interest to least
developed countries; and
• all forms of unnecessarily restrictive non-tariff barriers should be removed, for
instance unjustifiable packaging requirements, obstructive use of import permits,
foreign exchange constraints.
6.2 The Agreement on Textiles and Clothing
Malawi considers that market access for textile and clothing is crucial for employment
creation, foreign exchange generation and the creation of a window for industrialization.
 Malawi, therefore, proposes that:
• Quota free  access  of LDC  textiles  and clothing  exports  be provided  under
special  preferential  trading  arrangements.
6.3 Rules of origin
Strict, complex, and varying rules of origin are a major barrier to trade to Malawi and to other
least developed countries with a high share of exports under preferential and regional agreements.
Malawi therefore  shares the concern of other countries that the Committee to harmonise non-
preferential rules of origin has not completed its work programme within the time frame set  in theagreement because of some of the following reasons:
• the complexity and amount of technical work; and
• lack of common understanding among members as to the future disciplines to
“equally apply” the harmonized rules of origin for “all purpose”. etc..
Considering that rules of origin have a bearing on market access, Malawi proposes that
• the above issues should be re-looked at with speed in order to achieve  harmonisation
and simplification of the rules of origin and documentation procedures;
• the Committee should  complete its work and be authorised to start consideration of
preferential rules of origin, with a view to setting a code for rules of origin that take
regional trade agreements into account. For instance, based on the COMESA rules of
origin; and
• the  rules  of  origin  on textiles  and  clothing  should  be  harmonised and simplified
to ensure effective and full utilisation of preferences.WT/GC/W/451
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7. Anti-Dumping, Safeguards and the Agreement on Subsidies
7.1 Anti-dumping
The Agreement on Anti-Dumping is complex and costly to use, and can be misused to
amount to harassment of exporters.  The process of initiation and application is very burdensome.
Least developed countries are neither able to defend their industries against dumped imports nor able
to protect their legitimate interests of their exporters. However, anti-dumping is an important
instrument that can be used by least developed countries as they liberalize and participate more in the
international trading system.
 The following proposals are, therefore, advanced:
• the process of investigation on dumping which is expensive, complex and
cumbersome should be simplified to enable least developed countries  to undertake
thorough investigations;
• LDC exports, in particular textiles and clothing, should be exempted from anti-
dumping measures;
• the level of negligible imports should be increased to a level higher than the current
3% on the basis of empirical research demonstrating a positive trade impact;
• the cumulation of suppliers that individually meet the negligibility criteria using the
7% rule should be eliminated;
• questionnaires should be simplified, focusing only on  necessary information; and
• consideration should be given to the preparation of a standard questionnaire.
7.2 Agreements on Safeguards Measures
Just like the Agreement on Anti-dumping, the process of investigation for, and the procedure
involved in the initiation of a safeguard action are very complex and technical.  However, with the
liberalization of the import regime, LDCs may find themselves more frequently in situations where
they may need to use safeguard action themselves.
 In this regard, Malawi proposes that:
• LDCs should be exempted from all safeguard actions.
7.3 Agreement on Subsidies and Countervailing Measures
Malawi recognizes that subsidies can play an important role in the economic development
programme of least developed countries.  However, many of these countries do not possess the
financial resources to subsidise.
While subsidies commonly used by developed countries (e.g. subsidies on Environmental
Protection) have been categorized as non-actionable those subsidies that are needed by developingand least developed countries for industrialization and development (such as cheaper provision of
finance for investment and working capital) have either been prohibited or  made actionable.WT/GC/W/451
Page 10
In this regard, Malawi proposes the following:
• Non-actionable categories of subsidies should be reviewed to include those subisidies
for development, diversification and upgrading of infant industries, which are neededand are commonly used by  least developed countries;
• Export subsidies applied by least developed countries should be exempted from
export competitiveness thresholds; and
• The de-minimis subsidy level for countervailing duty investigation should be
increased from 2% to 15% for developing countries’ exports.
8. Sanitary and Phytosanitary Measures (SPS) and Technical Barriers to Trade
8.1 SPS measures
SPS measures have to a larger extent constituted major barriers to agricultural exports from
least developed countries.  LDCs’ exports to developed country markets have often faced various
sanitary and phytosanitary measures that have constituted market access constraints and trade barriers.
Worse still, some of these measures have been applied unilaterally.
Malawi, therefore, proposes that:
• the provision given in Article 10 of the SPS Agreement which stipulates that
“developed countries should take account of the special needs of the developing
countries in the preparation and application of the sanitary and phytosanitarymeasures” should be made more concrete by committing developed countries to
provide technical assistance to LDCs; and
• Members should adhere to the SPS Agreement by avoiding unilateral measures.
 8.2 TBT
Malawi recognizes that the TBT Agreement has a significant potential in ensuring that
technical regulations, standards, guidelines and procedures of conformity assessment do not create
unnecessary obstacles to international trade.  However, there are certain issues which are of concern
to least developed countries, including Malawi.  These include:
• TBT measures that are related to Process and Production Methods (PPMs);
• inadequate capacity of LDCs to effectively participate in the preparation of
international standard making process; and
• limited technical knowhow to improve product quality of major export markets.
In this regard, Malawi proposes that:
• Interests of LDC should be taken into account by international and regional
standardisation bodies in preparing standards, guidelines and recommendations; and
• Participation of LDCs in international standard setting bodies should be enhanced.WT/GC/W/451
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8.3 General
Any new SPS standards or TBTs, which impose costs on least developed countries should be
conditional on provision of technical assistance by developed countries or international agencies to
enable them to comply.
9. The Agreement on Trade-Related Investment Measures (TRIMs)
9.1 Trade-related investment measures (TRIMs) continue to be an important policy tool for
strengthening LDCs production and export supply base.  Malawi does not maintain any of the
prohibited trade-related investment measures as defined in the illustrative list annexed to the
Agreement.
9.2 Malawi however, proposes that the time for compliance for least developed countries should
be extended for an additional 10 years.  When the Agreement on TRIMS comes up for review,
investment friendly measures favourable for LDCs should be incorporated.
10. The New Issues of Environment, Competition Policy, Labour Standards, Investment,
and Electronic Commerce
10.1 Malawi just like other least-developed countries is concerned about the inclusion of new
issues in the future negotiations.  Currently, the existing issues have not been fully understood andimplemented.  It is, therefore, important that more studies and exploratory work be done on the new
issues before positions are undertaken.
 10.1.1     Trade and Environment.
Malawi is a keen advocate of environmental conservation, and recognises the right of
countries to protect themselves from the risks which can be posed by new plants or processes.   It
encourages the regulation of environmental concerns through multilateral environmental agreements.
However, Malawi objects to any move to use envi ronmental measures as a barrier to trade, and
supports the requirement that any measures taken by individual countries do not discriminate between
national production and imports of the same product.
Malawi’s view is  that before going further and “mainstreaming” environment into the WTO,
more analytical work should be done.
In this regard, Malawi proposes that:
• environmental circumstances should never be used for protectionist purposes against
LDCs’ products; and
• more studies should be done on the relationship between trade and environment, and
trade and development and also on trade, environment and poverty.
 10.1.2 Trade and Competition Policy
Malawi recognises that restrictive business practices may impede the realization of the
benefits that could arise from the implementation of WTO Agreements.  Further, Malawi is of the
view that restrictive business practices particularly those restraining competition should be removed.
However, the benefits of competition policy are more likely to be realized in the context of sufficient
supply capacity.  This is lacking in Malawi and most LDCs.  Prevalence of market imperfection, inWT/GC/W/451
Page 12
particular with reference to market entry and exit and supply–side constraints make it difficult for
LDCs to enjoy the benefits of competition policy . Least developed countries also lack capacity to
enforce competition law and policy. The relationship between competition policy and economic
development is a complex one.
Malawi proposes that:
• analytical work on trade and competition policy at WTO should continue.
10.1.3 Trade and Labour Standards
The subject of labour standards is not on the WTO’s formal agenda, but seems very much on
the negotiating agenda for many developed country members. Malawi re-affirms the position taken atthe Singapore Ministerial conference that Labour issues are the mandate of the International Labour
Organisation (ILO).
 10.1.4 Trade and Investment
It is well known that a working Group was established at the Singapore Ministerial
Conference to examine the relationship between trade and investment.  The Group has not yet
completed it work.  In this regard, Malawi proposes that the group should continue its study process
and that the outcome should contribute to facilitating investment flows to least developed countries.
10.1.5 Electronic Commerce
The growing importance of Electronic Commerce in global trade led to the Ministerial
Declaration on global Electronic Commerce in May, 1998. Although Malawi has not fully developed
the capacity to effectively participate in e-commerce,  there is need to consider E- Commerce issues in
relation to the economic, financial and development implications and therefore, there should be a
careful evaluation of any proposals before bringing in these issues into the WTO mainstream agenda.
11. Reforms to the WTO System
11.1 Malawi believes that the WTO needs to review the way in which the WTO operates to make
participation easier for developing countries and to increase transparency. The staffing and resource
constraints of developing and least developed countries should be taken into account in setting the
number and timing of, and in calling, meetings of the WTO.
11.2 The WTO Secretariat and Director General should be de facto and de jure neutral in preparing
for possible negotiations. This will be in the spirit of Article IV(4) of the Marrakesh AgreementEstablishing the World Trade Organization.
12.   Capacity Building and Technical Assistance
12.1 Malawi attaches a lot of importance on technical assistance provided under the various WTO
agreements.  Further, Malawi welcomes the Integrated Initiatives for Trade-Related Technical
Assistance which was adopted at a High Level Meeting (HLM) in October, 1997 pursuant to the
decision taken at the WTO First Ministerial Conference in Singapore in 1996.  The initiative provides
a coherent framework of cooperation among least developed countries and the six core agenciesnamely, the World Bank, IMF, WTO, UNCTAD, UNDP and ITC.WT/GC/W/451
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 12.2 Capacity building is at the core of needs from least developed countries in their effort to fully
and effectively integrate into the world economy and the multilateral trading system and should
therefore be at the core of the WTO multilateral agreements, taking into account full participation by
local authorities as well as mainstreaming trade into the poverty reduction strategies.
12.3 Malawi proposes that  more technical assistance should be targeted at least developed
countries to support the following areas:
12.3.1 Implementation
Technical assistance be provided in setting-up administrative reporting systems in LDCs to
administer notification obligations.  Information points should be established with external finance ineach least developed country to give full information about both WTO requirements and sources of
technical assistance for help in complying.
• financial and technical assistance be provided to least developed countries to develop
their institutional capacities and align their national laws and regulations to WTO
requirements;
• the Integrated Framework for Trade Related Technical  Assistance in favour of LDCs
should be implemented expeditiously  with transparency in the selection of
beneficiary countries ; and
• the JITAP programme should be extended to more developing countries, including
Malawi.
12.3.2 Support for increasing trade capacity
• More support should be provided to least developed countries as they develop  and
mainstream their trade policies into their national development agenda of poverty
reduction;
• Negotiating capacities of LDCs should be strengthened as an essential element in
integrating  LDCs into the multilateral trading system; and
• Technical assistance and capacity-building programmes for LDCs should be provided
in order to address supply-side constraints on taking advantage of new market
opportunities, including development of transport and communications infrastructure,information technology, and other inputs to trade.  They should have clear targets for
deliverables and timetables.
12.3.3 Transfer of technology
Least developed countries require permanent systems to encourage direct links between firms
in developed and least developed countries to encourage transfer of technology.  Supervision is
required to ensure that the technology is modern and sustainable.
12.3.4 Trade facilitation
Malawi recognized the need to simplify trade procedures and further believed than it is
important to harmonise trade facilitation procedures.   In this regard, Malawi proposes that technicalWT/GC/W/451
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assistance aimed at increasing LDCs institutional capacity in terms of both infrastructure and human
resources should be enhanced.
12.3.5 TRIPS
• The provisions of the TRIPS agreement under Articles 7, 8, and 66.2 which required
specific assistance for transfer of technology  should be implemented; and
• Financial and technical assistance should be provided to prepare compliant, but
development-friendly laws for LDCs and equip the intellectual property offices ofLDCs including long term training in accordance with national goals.
12.3.6 Market access
In view of worldwide liberalization of textiles, least developed countries should be provided
with opportunities through special measures, which will enable them to withstand the increased
competition arising from the implementation of the agreement.
12.3.7 Anti-dumping and safeguards
• Necessary financial and technical assistance should be provided to train exporters to
understand dumping issues so as to mini mize the risk of antidumping actions;
• Financial assistance should be provided to set-up or strengthen the institutions that
handle or administer dumping issues; and
• LDCs should be provided with technical and legal assistance for the initiation of
safeguard actions.
12.3.8 SPS and TBT
• Technical assistance for SPS compliance should include, among other things ,
building-up capacity in the fields of accreditation and certification, provision of
laboratory equipment and training of personnel;  and
• Provision of technical assistance, such as technology transfer, establishment of
laboratories, human resource development, building capacity in the fields ofaccreditation, standards, metrology and certification;
12.3.9 Environment, competition
• Financial assistance should be made available to facilitate conversion to
environmental friendly production processes and methods;
• There should be availability of relevant technology transfer which can be absorbed
and adopted by least developed countries to enable more environmentally sound
development; and
• Financial and technical assistance should be made available to least developed
countries to develop, implement, and enforce competition policy and legislation.
_________