RESTRICTED  
  
WT/MIN(22)/SR/2  
 
3 March  2023 
(23-1469) Page: 1/6 
Ministerial Conference  
Twelfth Session  
Geneva, 12 -15 June 202 2   
 
SUMMARY RECORD OF THE CLOSING  SESSION  
HELD AT THE CENTRE WILLIAM RAPPARD  
FRIDAY, 17 JUNE 2022 AT 4.50 A.M. 
Chairperson: H is Excellency H.E. Timur Suleimenov (Kazakhstan)  
Subjects discussed : 
 
1   ACTION BY MINISTERS  ................................ ................................ ...............................  1 
2   DATE AND VENUE OF THE THIRTEENTH SESSION AND ELECTION OF OFFICERS  ..........  2 
3   CLOSURE OF THE SESSION  ................................ ................................ ..........................  2 
ANNEX – REPORT BY THE CHAIR OF THE TRIPS COUNCIL  ................................ ................  6 
 
 
1  ACTION BY MINISTERS  
1.1.  The Chair  called the meeting to order. He noted that the results of the discussions on various 
subjects over the past five intensive days were before the Ministerial Conference for their 
consideration. The Ministerial Conference had before them the following texts from various work 
streams  for Ministerial action.  
1.2.  First, and as reported by the Chair of the General Council at the Opening Session, there were 
two draft Decisions and a Declaration submitted by the General Council before the Ministerial 
Conference:  
a. A dra ft Ministerial Decision on the Work Programme on Small Economies in document 
WT/MIN(21)/W/3;  
b. A draft Ministerial Decision on the TRIPS non -violation and situation complaints in 
document WT/MIN(21)/W/4;  
c. A draft Sanitary and Phytosanitary Declaration for th e Twelfth WTO Ministerial Conference: 
Responding to Modern SPS Challenges in document WT/MIN(22)/W/3/Rev.3 . 
1.3.  Furthermore, there was the package of Draft Decisions and Declarations that was the product 
of the intensive discussions and negotiations by Ministe rs during this Conference. These were: 
a. A draft MC12 outcome document, contained in document WT/MIN(22)/W/16/Rev.1. He 
noted in this regard that Part II of this document reference d all of the various declaration 
and decisions that w ould be adopted at this s ession . 
b. The package on WTO response to emergencies, comprising:  WT/MIN(22)/SR/2  
 
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  i. A draft Ministerial Declaration on the emergency response to food insecurity, in 
document WT/MIN(22)/W/17/Rev.1;  
ii. A draft Ministerial Decision on World Food Programme Food Purchases Exemptions 
from Export Prohibitions or Restrictions in document WT/MIN(22)/W/18;  
iii. A draft Ministerial Decision on the TRIPS Agreement in document 
WT/MIN(22)/W/15/Rev.2, and he took note of the report1 of the TRIPS Council Chair 
at the HODs meeting prior to this sessi on; 
iv. A Draft Ministerial Declaration on the WTO Response to the COVID -19 Pandemic and 
Preparedness for Future Pandemics in document WT/MIN(22)/W/13;  
c. The Ministerial Conference all had  a draft Decision on the Work Programme on Electronic 
Commerce in document  WT/MIN(22)/W/23;  
d. And finally, the Ministerial Conference  also ha d a draft Ministerial Decision on the 
Agreement on Fisheries Subsidies in document WT/MIN(22)/W/22 . 
1.4.  He propose d that the Ministerial Conference adopt ed the texts that he had just mentioned.  
1.5.  The Ministerial Conference so agree d2. 
1.6.  The Chair commend ed the Ministerial Conference for their  sense of responsibility and  
perseverance in trying to find solutions . He was profoundly grateful and move d by Ministers and 
Heads of Delegation for making these results possible.  
2  DATE AND VENUE OF THE THIRTEENTH SESSION AND ELECTION OF OFFICERS  
2.1.  The Chair recalled that the Rules of Procedure for Sessions of the Ministerial Conference 
required that the date of ea ch regular session should be established by the Ministerial Conference 
at a previous Session, and they also provided for the election of a Chair of the Ministerial Conference 
and three Vice Chairs to hold office from the end of this Session until the end o f the next regular 
Session. With respect to the date and venue, in accordance with established practice, he proposed 
that the Ministerial Conference request the General Council to hold consultations with a view to 
deciding on the date and venue. In this re spect, he recalled that the Decision on the Work 
Programme on Electronic Commerce contained an understanding that MC13 should ordinarily be 
held by 31 December 2023. He also noted the offers that had been submitted by two WTO Members, 
Cameroon and the Unit ed Arab Emirates. With respect to the Officers, in accordance with established 
practice, he also proposed that the Ministerial Conference request the General Council to hold 
consultations.   
2.2.  The Ministerial Conference so agreed . 
3  CLOSURE OF THE SESSION  
3.1.  The Director -General  noted that MC12 was coming to a close – a bit later than expected but 
with an unprecedented package of deliverables. Not in a long while ha d the WTO seen such a 
significant number of multilateral outcomes.  Ministers and Heads of Delega tion had come to Geneva 
to deliver results. Back on Sunday – which fe lt like a long time ago – they had  recognized that even 
one or two deliverables would be better than none. And now they had  nearly got ten them all.  
Ministers and Heads of Delegation would not be going home empty -handed. They had  stepped up 
and delivered in every area they had been working on. For much of this week, they had worked day 
and night. They had waited patiently for long hours as others had tried to get through a negotiation.  
 
1 The report of the TRIPS Council Chair is annexed to this document.  
2 The MC12 Outcome Document and the MC12 Decisions and Declarations were subsequently circulated 
in documents WT/MIN(22)/24 – WT/L/1135, WT/MIN(22)/25 – WT/L/1136,  WT/MIN(22)/26 – WT/L/113 7, 
WT/MIN(22)/27 – WT/L/1138,  WT/MIN(22)/28 – WT/L/1139,  WT/MIN(22)/29 – WT/L/1140,  WT/MIN(22)/30 – 
WT/L/1141,  WT/MIN(22)/31 – WT/L/1142,  WT/MIN(22)/32 – WT/L/1143 and WT/MIN(22)/33 – WT/L/1144.  WT/MIN(22)/SR/2  
 
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  It was her birthday on Monday and she had  received a lot of flowers. She thank ed Ministers and 
Heads of Delegation  again for them. But a successful MC12 was an even better present.  
3.2.  The package of agreements Ministers and  Heads of Delegation  had reached w ould make a 
difference to the lives of people around the world. The outcomes demonstrate d that the WTO was, 
in fact, capable of responding to the emergencies of their time. They show ed the world that WTO 
Members c ould come  together, across geopolitical fault lines, to address problems of the global 
commons, and to reinforce and reinvigorate this institution. They g ave cause to hope that strategic 
cooperation w ould be able to exist alongside growing strategic competition.  
3.3.  In response to the ongoing shocks from COVID -19, the declaration they had  just adopted w ould 
make access to medical supplies and components more predictable in this pandemic – and in the 
next one. The TRIPS waiver compromise w ould contribute to ongoing effor ts to deconcentrate and 
diversify vaccine manufacturing capacity, so that a crisis in one region d id not leave others cut off.  
3.4.  In response to the worst food security crisis in decades, they had taken steps to make trade in 
food and agricultural inputs more  predictable, and hence prices less volatile. And they were going 
to make it easier for the World Food Programme to do its difficult job of feeding millions of the 
world's most vulnerable people.  
3.5.  On fisheries subsidies, WTO Members ha d, for the first time concluded an agreement with 
environmental sustainability at its heart. This was also about the livelihoods of the 260 million people 
who depend ed directly or indirectly on marine fisheries.  The agreement prohibit ed support for Illegal, 
Unreported and Unreg ulated (IUU) fishing. It ban ned support for fishing in overfished stocks. And it 
took a first but significant step forward to curb subsidies for overcapacity and overfishing by ending 
subsidies for fishing on the unregulated high seas. As important as the prohibitions was the 
transparency that w ould finally shed light on the actual level o f subsidies going to fishing. And they 
had committed to further negotiations to build on these disciplines.  
3.6.  Ministers and Heads of Delegation had  found a way to extend the e -commerce moratorium 
along with the work programme, thus preserving the enabling en vironment the WTO provide d to the 
global digital economy and the millions of businesses and jobs that depend ed on it. 
3.7.  And amid the widespread recognition that the WTO's core functions need ed to be updated and 
improved, they had initiated a Member -driven pr ocess of institutional reform. They had  recognized 
the role trade and the WTO c ould play in empowering women, achieving environmental goals, and 
expanding opportunities for micro, small, and medium -sized enterprises.   
3.8.  During the long days and longer nights  this week, there had been many moments when she 
had feared they would come out of MC12 with nothing at all. And she had  found herself thinking of 
a line attributed to Winston Churchill. "Success is not final, failure is not fatal: it is the courage to 
continue that counts." She wanted to thank God for that courage because there had been  moments 
when she had not know n whether it would work.  They had  succeeded, and they had determined to 
continue.  Members ha d agreed to pick up right where they had  left off t his morning, raising the 
possibility of an earlier MC13. She promise d to go back to work immediately. She asked them to get  
ready as tomorrow was another day post -MC12.  
3.9.  While all of them agree d on the vital importance of agriculture in their economies, dif ferences 
on some issues, including public stockholding for food security purposes, domestic support, cotton 
and market access, meant that they could not achieve consensus on a new roadmap for future work. 
But there too, Members had found a renewed sense of purpose . They were determined to keep at it 
on the basis of existing mandates with a view to reaching positive outcomes at MC13.  
3.10.   Over the past few weeks, she had seen something else that was critical to putting the WTO 
back on track. Many of them had heard her complain that the WTO, though set up as a negotiating 
forum, had instead turned into a diktat forum, a place where members show ed up and t old each 
other "this is what I want, just give it to me."  But recently, and especially among Ministers and 
Heads of Delegation this week, they had  seen genuine give -and-take – a willingness to listen to 
others' concerns, to depart from long -held positions, to try to overcome the trust deficit and find 
middle ground. Instead of asking themselves "is this ever ything we wanted?" Members  had asked 
"can we live with this?" If they could somehow bottle this spirit, it w ould stand them in good stead WT/MIN(22)/SR/2  
 
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  to deliver more results in the future. That said, she was s till baffled by how they could spend so 
many hours arguing over a word in a footnote.  
3.11.   These negotiations were always hard. As one Minister  had said at some point , trade diplomacy 
was about balancing policy with politics: about finding compromise deals that still deliver ed tangible 
economic benefits, but that they could also take home and defend to their domestic constituencies. 
That was a tall order – and it  was why they should all appreciate how important it had been  that 
they had been  able to come together this week.  
3.12.   She had come to the WTO because she was firmly convinced that trade was part of the 
solution to the crises of their time. This important institution c ould and should  do more to help the 
world respond to the pandemic, tackle environmental challenges, and foster great er socioeconomic 
inclusion. So , she was proud, honoured – and relieved – to have been able to support their 
achievements at MC12. And she believe d the results they had delivered there were a foundation for 
more in the months and years ahead.  
3.13.   Before closing , she wanted to express her deep gratitude, first to her husband, w ho was 
seated there . She wanted to thank the MC12 Chair, His Excellency Timur Suleimenov, First Deputy 
Chief of Staff of the President of Kazakhstan, who ha d guided the processes with good humour, 
charm, and patience.  He ha d been ably assisted by Vice -Chairs : His Excellency Jerome Walcott, 
Minister of Foreign Affairs and Foreign Trade of Barbados; His Excellency Don Farrell, Minister for 
Trade and Tourism of Australia; and Her Excellency Har riet Ntabazi, Minister of State for Trade of 
Uganda, as well as the tireless Minister -Facilitators, Her Excellency Betty Maina, Cabinet Secretary 
for Industrialization, Trade and Enterprise Development of Kenya; His Excellency Damien O'Connor, 
Minister of Trade and Export Growth of New Zealand; Her Excellency Kamina Johnson Smith, Minister 
of Foreign Affairs and Foreign Trade of Jamaica; and Her Excellency Keisal Peters, Minister of State 
with Responsibility for Foreign Affairs and Foreign Trade of Saint Vi ncent and the Grenadines.  
3.14.   She also want ed to thank Her Excellency Ambassador Zhanar Aitzhanova of Kazakhstan, who 
had been working on this ministerial for almost three years  already , and probably never want ed to 
hear "MC12" ever again.  And she once again p aid tribute to the Government of Kazakhstan for years 
of cooperation, and especially for the graciousness with which they had weathered the many 
setbacks on the road to this week, including the shift in venue from Nur -Sultan to Geneva. She also 
thank ed the Swiss authorities for their support, generosity, and flexibility.  
3.15.   She thank ed once more the Ministers and delegates present, and the Heads of State and 
Government and the capital -based officials who had played a big part in making these results 
possible. To the Geneva Ambassadors , they knew she could say tough things to them, but she 
wanted them to know how grateful she was for their weekends and nights of hard work.  Her renewed 
thanks went to the Chairs of the negotiating groups, especially Ambassador Santiago Wills of 
Colombia, the Fisheries Chair, and to the General Council  Chair Ambassador Didier Chambovey of 
Switzerland, his predecessor and pandemic response Facilitator, Ambassador Dacio Castillo of 
Honduras, and TRIPS Council Chair Ambassador Lansana Gberie of Sierra Leone.  Their incredibly 
persistent efforts made t he day's outcomes possible. She also want ed to thank the Chair of the 
agriculture negotiations, Ambassador Gloria Abraham Peralta of Costa  Rica. They  would not have 
been this well positioned for post -MC12 work without her. F inally, she thank ed the wonderful WTO 
Secretariat, the Deputy Directors -General, and her own team. She knew how much they had put in 
to making this conference a success. And she hoped they  would all get some sleep this weekend.  
3.16.   She likewise noted that o ne of the fun things about being D irector -General  was the 
opportunity to bang a gavel . She had  noticed that the Chair  had been getting pretty good at it 
himself.  And so, in line with WTO tradition, she had the pleasure to present him a ceremonial gavel 
of his own, as a token of the WTO's  thanks. Thanks to Members' efforts this week under his 
chairmanship, he had good reason s to use it . 
3.17.   The Chair said that t his ha d been a truly remarkable journey. His deep appreciation went to 
the three Vice -Chairs: His Excellency Jerome Walcott, Minister of Foreign Affairs and Foreign Trade 
of Barbados; His Excellency Don Farrell, Minister f or Trade and Tourism of Australia; and Her 
Excellency Harriet Ntabazi, Minister of State for Trade of Uganda, for their invaluable assistance and 
tireless efforts, including through chairing a range of thematic sessions.  He also commend ed the 
Minister -Facilitators: Her Excellency Betty Maina, Cabinet Secretary for Industrialization, Trade and WT/MIN(22)/SR/2  
 
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  Enterprise Development of Kenya; His Excellency Damien O'Connor, Minister of Trade and Export 
Growth of New Zealand; Her Excellency Kamina Johnson Smith, Minister of F oreign Affairs and 
Foreign Trade of Jamaica; and Her Excellency Keisal Peters, Minister of State with Responsibility for 
Foreign Affairs and Foreign Trade of Saint Vincent and the Grenadines.  The work they had done this 
week had been extraordinary. He  likewise thank ed all delegations who ha d participated in the 
Conference and the WTO Secretariat for their tireless efforts. He also  placed on record his gratitude 
to the Chair of the General Council , H.E. Didier Chambovey of Switzerland, and his predecessor H. E. 
Dacio Castillo of Honduras, for their invaluable contribution to the successful outcome of this 
Conference. He likewise  thank ed all delegations  for stepp ing up in their efforts.  
3.18.   All his  gratitude went to the Director -General for never giving up. Her determination, her 
toughness and spirit had carried them forward and made all this possible. The WTO and the 
delegations owe d her a big one. He also th anked the Swiss Authorities for their impeccable efforts 
in ensuring the  smooth running of this Conference. It was fair to say they had  felt very safe and 
very warm. This week, WTO Members had  all contributed to making what had seemed impossible 
come to fruition. They had all engaged in frank and sometimes very difficult conve rsations. They 
may have not achieved everything that they had  set out for, but they had delivered a package.  He 
congratulat ed all of them including for  going beyond their national interests and looking to the 
common good that the organization itself embodi ed. In doing so, they had carried out their shared 
responsibility to restore confidence in the WTO - which was  much needed during these difficult times.  
3.19.   The T welfth  Session of the Ministerial Conference closed  at 5.20 a.m. 
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  WT/MIN(22)/SR/2  
 
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  ANNEX  
REPORT BY THE CHAIR OF THE TRIPS COUNCIL  
I would like to recall that the TRIPS Council began its consideration of  the "Proposal for a Waiver 
from Certain Provisions of the TRIPS Agreement for the Prevention, Containment, and Treatment of 
COVID -19" circulated in docu ment IP/C/W/669/Rev.1 and addenda in October 2020. The Council 
also considered a draft General Council Declaration on the TRIPS Agreement and Public Health in 
the circumstances of the pandemic circulated in document IP/C/W/681 and an outcome document 
circulated in document IP/C/W/688 on 3 May 2022. The TRIPS Council has regularly reported on its 
considerations to the General Council under Article IX:3 of the Marrakesh Agreement most recently 
on 7 June 2022. As part of this process and based on continued tex t-based negotiations in the TRIPS 
Council, a draft text was forwarded to the Twelfth Ministerial Conference on 10 June 2022 in 
document WT/MIN(22)/W/15. In light of the further negotiations in the last few days, which have 
been very intensive, I understand  that the draft Ministerial Decision on the TRIPS Agreement 
circulated in WT/MIN(22)/W/15/Rev.2 is now before the Ministerial Conference for adoption. This is 
an extraordinary achievement. For this, let me begin by thanking the Director -General and the 
Deputy Director -General for the initial impulse to start this process through a good faith approach 
to address an impasse and for their very hard and support I received from them throughout this 
process. DDG Gonzalez has been a fantastic DDG. I would also lik e to thank the Director -General 
who is a great leader. I thank both of them very whole heartedly. I would also like to thank the WTO 
Secretariat for their professionalism and great support – Antony Taubman, Wolf Meier -Ewert and 
Natalie Carlson. They have s upported me throughout this process. Without them, I would not have 
been able to do anything. I would also like to thank my own team in my Sierra Leone mission. 
Thanks as well to Ambassador Dagfinn Sørli of Norway, my predecessor. When I took on this task,  
I ran to him right away and he has been always a great source of support. I would like to thank the 
African Group particularly the Ambassadors of Tanzania and Cameroon who worked very hard with 
me on this, pushed me and supported me throughout this proces s. To the Minister -Facilitator from 
Barbados, I would wish to thank him as well. I thank all delegations particularly New Zealand, 
Australia, Switzerland and the United Kingdom for their constructive spirit, the persistence and the 
intelligence that all of  you brought to these discussions. I especially mention Ambassador Rebecca 
Fisher Lamb of the United Kingdom for your great support you provided at the very end and 
throughout this process. I would like to request that this report be noted at the formal pr oceedings 
of this Ministerial Conference.  
 
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