RESTRICTED  
  
S/C/M/155  
 
3 November  2023 
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Council for Trade in Services    
 
  
REPORT OF THE MEETING HELD ON 3 OCTOBER  2023 
NOTE BY THE SECRETARIAT1 
The Council for Trade in Services held a meeting on 3 October 2023, chaired by 
Mrs. Tsvetelina  Dimitrova , Permanent Representative of the Republic of Bulgaria . The agenda was 
contained in document WTO/AIR/CTS/3 6. 
The agenda was adopted . 
The Chairperson  reminded  delegations attending in virtual mode, when taking the floor, to allow a 
few seconds of streaming before starting their intervention, in order to ensure that the ir statement 
was heard in full. Additionally, for the benefit of the interpreters, she urged them to speak at a 
reasonable, moderate pace and, if possible, to provide to the interpreters, via the Secretariat, an 
advance copy of any written statements they intend ed to deliver. That would help to ensure that 
interventions were properly conveyed and u nderstood when translated into the other two official 
languages.  
1  ITEM A: NOTIFICATIONS PURSUANT TO ARTICLES III:3  AND V:7 OF THE GATS  
1.1.  With regard to the notifications made pursuant to Article III:3 (Transparency), the Chairperson  
drew the Council's attenti on to the communications received from the Separate Customs Territory 
of Taiwan, Penghu, Kinmen and Matsu, in document S/C/N/1140 , and from Mauritius, in document 
S/C/N/1141 . 
1.2.  The Chairperson  suggested that the Council take note of the notification s. 
1.3.  It was so agreed . 
1.4.  With regard to the notifications made pursuant to Article V:7 (Economic Integration), the 
Chairperson  drew the Council's attention to the communications received from : Australia, Brunei 
Darussalam, Canada, Chile, Japan, Malaysia, Mexico, New Zealan d, Peru, Singapore and Viet Nam 
(S/C/N/920/Add.4 ); the Republic of Korea and Indonesia ( S/C/N/1135 ); the United Kingdom and 
Australia ( S/C/N/1136 ); the United Kingdom and New Zealand ( S/C/N/1137 ); El Salvador 
(S/C/N/544/Add.2 ); Montenegro and Türkiye ( S/C/N/1138 ); and India and Australia ( S/C/N/1139 ). 
1.5.  The representative of Chinese Taipei  clarified  with regard to the communication from 
El Salvador  (S/C/N/544/Add.2 ) that, according to paragraph 2 of Article 18. 05 of the Free Trade 
Agreement, "a withdrawal shall become effective one hundred eighty (180) days after the Party 
provides written notice to the other Party, unless the Parties agree on a different period. "  
1.6.  On that matter, his delegation had not received any written notice from El Salvad or. Therefore, 
El Salvador's unilateral declaration of terminating the said FTA was apparently inconsistent with the 
required procedure provided in the above -mentioned paragraph 2 of Article 18.05 and, accordingly, 
did not have the effect contemplated by p aragraph 1 of Article 18.05. The lack of written notification 
and the legal ineffectiveness were not changed by El Salvador 's unilateral decision to circulat e the 
communication S/C/N/544/Add.2 . 
 
1 This document has been prepared under the Secretariat 's own responsibility and is without prejudice 
to the positions of Members or to their rights and obligations under the WTO.  S/C/M/155  
 
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  1.7.  The representative of India continued to  draw attention  to the low number of notifications by 
developed Members in general, and, in particular, the dismal record in notifications of some 
prominent developed Members, who also held top ranks in global commercial services trade.  
1.8.  Under the discussions on WTO refor m, India had recognised the need for an open, inclusive , 
and transparent functioning of the Organisation. The submission by India and the African Group, 
Cuba, and Pakistan on "Strengthening the WTO to promote development and inclusivity", contained 
in docu ment WT/GC/W/778/Rev.5 , highlighted the need for meeting the transparency obligations as 
enshrined in the GATS.  
1.9.  Those notifications were essential for Members to understand the full implications of the 
commitments made, including entry -related m easures affecting the existing mode 4 commitments 
of Members. India continued to urge developed Members to lead by example in submitting 
comprehensive, timely and accurate notifications.  
1.10.  The Chairperson  drew the Council's attention to the fact that, at its  meeting scheduled for 20 
and 21 November , the CRTA would consider three regional trade agreements that covered services 
trade. The agreements in question were: (1) the Association Agreement between the United 
Kingdom and Central America; (2) the Strategic Partnership Trade and Cooperation Agreement 
between the United Kingdom a nd the Republic of Moldova; and (3) the Comprehensive Economic 
Partnership Agreement between the EFT A states and Ecuador.  
1.11.  She suggested that the Council take note of the notifications  and the statement s made , and 
that the agreements notified be referred to  the Committee on Regional Trade Agreements (CRTA) 
for consideration.  
1.12.  It was so agreed . 
2  ITEM B:  IMPLEMENTATION MATTERS FROM MC12 MANDATES  
2.1.  The Chairperson  recalled that, under that agenda item , the Council had addressed the MC12 
mandates relating to WTO re form and pandemic response.  
2.2.  Starting with WTO reform, at the June meeting, Members had addressed a Secretariat Note 
mapping the practices of the Council and its most active subsidiary body, the Committee on Specific 
Commitments. Delegations had welcomed th e mapping and put forward various ideas for possible 
improvements to the functioning of the Council.  It was agreed to task the Secretariat with compiling 
the different suggestions and outlining possible implementation options, for Members' further 
consider ation.  The compilation ha d been circulated in document JOB/SERV/CTS/14/Re v.1. 
2.3.  Furthermore, the delegation of the United Kingdom ha d circulated a communication titled 
"Improving the functioning of the Council for Trade in Services and its subsidiary bodies", which was 
contained in document S/C/W/452 . 
2.4.  She also recalled that , in the course of the reform discussions, the Secretariat had indicated 
that it would resume its practice of organising training sessions for new delegates. On 22 September, 
the Secretariat  had held such a briefing session, on the  state of play of WTO services discussions, 
other areas of work the Trade in Services and Investment Division was involved in, and GATS 
notifications. She hoped that delegations had found the session useful.  
2.5.  In introducing JOB/SERV/CTS/14/Rev.1 , a representative  of the Secretariat  noted that the Note  
was largely self -explanatory.  As requested by Members, it compile d, in tabular format , the 
suggestions for possible further improvements to the functioning of the Council  that Members had 
put forward at the June meeting . It also include d information on the current status of each 
suggestion and laid out possible implementation options.  
2.6.  The representative  of the United Kingdom  was pleased to present her delegation's  paper 
(S/C/W/452 ). In line with Members'  broader approach to reform across the WTO, the paper 
contain ed a number of ideas to improve the ways of working in the Council  and its subsidiar y bodies . 
The United Kingdom saw the continued revitali sation of the Council  and its subsidiary bodies as an 
essential part of WTO reform.  S/C/M/155  
 
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  2.7.  The Council and its subsidiary bodies played a key role in furthering the objectives under the 
GATS and providing a f orum for Members to have informed deliberations on developments in services 
trade. In that context , the paper made  practical suggestions with a view to foster ing greater 
inclusion, maximi sing efficiency and revitali sing Members'  discussions on services at the WTO. She 
underline d that the paper had drawn on a number of previous submissions, including the LDC Group 
submission to the General Council from April 2022  (JOB/GC/223/Rev.1 ). 
2.8.  The paper also buil t on the Secretaria t's comparison matrix of the functioning of the Council  
and the  CSC. There was already much to welcome in the current functioning of the Council , such as  
the fixing of formal meetings in advance of the next calendar year and the recent introduction of 
annotated agendas, which enable d Members  to prepare for more focussed discussions . She 
expressed thank s for those improvements from the outset.  
2.9.  The ideas that the United Kingdom  had put forward in its paper were not intended to be 
exhaustive and buil t on the  compilation table of reform ideas. She thanked the  Secretariat for 
introducing that compilation  to Members . The United Kingdom had  focused on three specific 
suggestions on ways of working that, subject to Mem bers' views, would be feasible to explore 
further . 
2.10.  Firstly, the United Kingdom would welcome  the circulation of a concise and neutral C hair's 
status report within two  working days of the Council  meeting. That could  be a useful interim 
document that summari sed the key points and any next steps, including future dates for meetings,  
pending the circulation of the minutes, which of course took a bit longer.  
2.11.  Secondly, the United Kingdom  understood that the introduction of e -Agenda in other WTO 
bodies ha d made a really positive difference in terms of streamlining processes . For example, it had 
allowed Members  to share statements more easily, which could be helpful for the Secretariat, but 
also for Members. The United Kingdom therefore  request ed a presentat ion from the Secretariat 
about how e -Agenda was used in other WTO bodies in order to assess whether that might be a  useful 
tool to facilitate Members'  work in the Council.  
2.12.  Finally, concerning  trade concerns , that was  something the United Kingdom  had picked  up 
from the overarching paper at the General Council . That paper recognise d that a key part of 
Members'  discussions revolved around exchanges on their measures or policies, and that was also 
an important part of the Council  agenda.  However, those  trade concerns often became  standing 
agenda items without any reported progress . The United Kingdom would therefore  welcome 
consideration of the operational arrangements around discussion of th ose concerns . A starting point 
could be to ask the Secretariat  for their help in identifying best practices across  other Committees . 
2.13.   In addition to the ways of working, the United Kingdom  would also like to promote further 
substantive engagement. It would particularly welcome more evidence -based discussions to 
encou rage more free -flowing conversations on topics of interest to Members and debate 
developments in services trade and regulation . Greater external engagement would also be key to 
that, and the United Kingdom would welcome a discussion about how to increase e xternal 
engagement in the Council.  
2.14.  Building on recent best practice, for example the seminar under the Committee for Trade and 
Financial Services  (CTFS) or the informal COVID -19 sessions, the United Kingdom would welcome 
hearing from Members topics of inte rest for future discussions. Reflecting on some of the key themes 
from that year's Public Forum, and in thinking about those topics, Members could draw inspiration 
from the Director -General's vision of ensuring that the future of trade was services, green,  digital,  
and inclusive.  
2.15.  Finally, the United Kingdom welcomed the World Bank -WTO report "Trade in Services for 
Development" and looked forward to the presentation and exchange of views on Friday under the 
Special Session of the Council. That report provide d much food for thought and the United Kingdom 
looked forward to further consideration of the key elements in relevant WTO bodies.  
2.16.  To conclude, the United Kingdom would welcome Members' views and comments on its paper 
and would be happy to answer any quest ions. S/C/M/155  
 
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  2.17.  The representative  of Australia  thanked  the United Kingdom for its submission (S/C/W/452 ) 
and its suggested improvements to the Council . His delegation  would welcome the Secretariat 
making a presentation to the Council  about e -Agenda. Australia's  experience with e -Agenda in other 
WTO bodies  had been positive : it had encouraged more efficient use of delegate time and improved 
transparency.  
2.18.  Australia shared the view of the United Kingdom that trade concerns, where there had been 
no reported progress, often became standing agenda items. The Council should consid er using the 
Trade Concerns Database as an alternative mechanism for the ongoing monitoring of trade concerns 
once they had been raised at the Council  and there were no substantive updates to report.  Australia 
would welcome a presentation from the Secretar iat about how that platform was used in other WTO 
bodies.  
2.19.  Australia also note d that other WTO bodies had instituted agenda setting reforms, including 
prioritising new agenda items  over standing ones or  items  that had been raised previously , that the 
Counci l could consider.  Australia would welcome a presentation on how that could be adopted in 
that forum.  
2.20.  The representative  of the Republic of Korea  appreciated the Secretariat's efforts in 
summari sing the proposals by Members  and thanked the  United Kingdom for its proposal.  His 
delegation welcome d the discussion on ways to enhance the Council's  function ing. Overall, the 
proposals put forward  by the Secretariat and  the United Kingdom  would be helpful for the Council's 
operations.  The proposed improvements to the Council 's functions, when implemented, were 
expected to lead to more systematic operations, enhancing transparency and efficiency. 
Nevertheless, his delegation noted that Members  should proceed within the realm of what was 
feasible with out causing an undue burden on the Secretariat.  
2.21.  Furthermore, even if the introduction of e -Agenda was a  good idea, the current system did 
not seem to pose significant inconveniences, and it was necessary to confirm whether Members were 
willing to actively utili se e-Agenda . In order to prevent budget waste, Members  should assess the 
implementation of the system by considering both the cost s and benefits.  
2.22.  In addition, building on the United Kingdom's  proposal, in contrast to the time when  the WTO 
was established, the service industry was now experiencing a significant upsurge in international 
trade due to digitali sation. Given th ose evolving circumstances, it appear ed necessary to periodically 
provide opportunities for soliciting input fro m various international organizations, digital service 
providers, and private experts , in addition to the experience -sharing session s, to upgrade the role 
of the Council  for the future.  
2.23.  The representative  of Japan  appreciate d the work done by the Secretari ate to compile the 
suggestions by Members and the mapping exercise . He also welcome d the proposal s by the 
United  Kingdom . On the specific points, it was worthwhile to consider the introduction of e -Agenda 
in the Council  and Japan  appreciate d the proposal by the Secretariat to organi se a presentation. 
With regard to the meeting  report , Japan  support ed the idea of having a factual report by the 
Chairperson  soon after the meeting. The proposal by the United Kingdom of two working days after 
the meeting was a reasonable period of time and Japan was  supportive of it.  
2.24.  Another important element of the deliberative function reform was the engagement of 
external stakeholders. In line with the proposal made by the United Kingdom , Japan was of  the view 
that in order for the current trend of global trade in service s to be reflected in Members'  discussions 
in the Council , interaction with the external world had to be enhanced. The approach should be 
Member -driven , but the informal  sessions and workshops tha t took place  during the service s weeks 
serve d that purpose and Japan  encourage d the Secretariat to continue that practice.  
2.25.  The representative  of the United States  thank ed the Secretariat and the United Kingdom  for 
putting together a rich set of reform options for Members  to consider. Those were  largely  great 
ideas, and he hoped that  they would  serve  to improv e the functioning of the Council  and its 
subsidiary bodies.  He noted that he would not focus on the prop osals that his delegation agreed 
with, but on the ones where further discussion s were needed as they were new ideas.  S/C/M/155  
 
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  2.26.  Before doing so, he also  wished to note  that one of the ideas that had already been 
implemented, the annotated agenda, had been very helpful in preparing the interventions . However, 
it was difficult to be both concise and factual, because inevitably one could leave out important 
information or nuance s that Members pick ed up in the actual meetings . He thus  caution ed against 
including information in the annotated agenda that had not already been shared through Member s' 
interventions , and therefore was already included in the meeting minutes , or anything that had been 
done intersessionally . In such instances , the best way was to issue a communication to the entire 
Membership, which could then  be reflected in the annotated agenda.  
2.27.   Regarding the Chairperson's status report , his delegation's  concerns  about  the annotated 
agenda could  also be relevant in that context , especially when  considering  the issuance  within such 
a short amount of time after the meeting. The United States doubt ed whether  it was possible  to get 
the desired effect without creating unnecessary  confusion . He also  drew attention to the fact that 
Members  were looking  for ways  to improve the speed of circulating the meeting minutes.  He 
understood  that e-Agenda might  provide opportunities for Members to share interventions 
immediately after the meeting. That might be better a way to obtain  the same effect without tasking 
the Secretariat with more work that had the potential to create confusion.  
2.28.  Finally , concerning  specific trade concerns, the United States was one of  the Member s that 
had used them in the past and had worked successfully with other Members in that regard . Trade 
concerns had been put on the agenda , and they had come off the agenda. He noted that t here were 
other Committees where  specific trade concerns lasted  for decades . He emphasised  that Members 
should have a broader  conversation on how to improve that, but not necessarily jump into adopting  
the practices of other Committees where such occurrences wer e more common . The United States 
expressed its willingness to participate in that  discussion  and to share both positive and negative  
experiences . 
2.29.  The representative  of China  thanked the Secretariat for the compilation of the state of play 
and the possible implementation on Members' suggestions with regard to improving the functioning 
of the Council ( JOB/SERV/CTS/14/Rev.1 ). He also thanked the United Kingdom  for its proposal 
(S/C/W/452 ). China support ed the improvements to the function s of WTO bodies, including the 
Council, and believe d that  every small step could make a difference.  The implementation of th ose 
concrete suggestions, especially the early circulation of the Airgram  and the use of e-Agenda would 
help all Members  to better p repare and engage in the discussions . In addition,  more exchange s with 
outside stakeholders would  be beneficial.  
2.30.  Certain suggestions to better manage  the specific  trade concerns were quite thought -
provoking, but Members  might need more time and discussion to decide how , for example,  to 
improve the efficiency of related exchange s. When China's trade measures or regulations were 
raised, China tried  its best to keep Members informed  of the latest development s in those trade  
measures  and their implementation . China  hoped  that other Members in the same situation could 
do the same, but that was not currently the case. In conclusion , China believed  that more discussion s 
on those issues  were necessary . 
2.31.  The representative  of Malawi , speaking on behalf of the LDC Group , thanked the Secretariat 
for the document on the functioning of the Council . The LDC Group support ed improvements to the 
functioning of Committees, within their existing mandates, in particular those that had a g enesis in 
the LDC Group submission to the General Council in April 2022  (JOB/GC/223/Rev.1 ). Those include d 
the use of annotated agendas, expediting the production of meeting minutes, mechanisms to avoid 
the overlap of key meetings, summary notes on the same day of meetings, and translation provided 
for all informal meetings  as well . 
2.32.  Regarding the comparison matrix in  document  JOB/SERV/CTS/14/Rev.1 , the LDC Group 
register ed concern s about taking decisions on the adoption of eleme nts of cross -cutting nature and 
that had an  impact on their rights and obligations, and in a piecemeal manner. In particular, the 
LDC Group was  concerned about changing the ten-day rule before a meeting to place items on the 
agenda to 15 days.  The comparison matrix submitted to the General Council (JOB/GC/345 /Add.1 ) 
did not have the item on changing the long -standing period to put items on the agenda before the 
agenda close d. That was  a change of the ten-day rule to 15 days  before the meeti ng would  be held.  S/C/M/155  
 
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  2.33.  The same proposal had been adopted by written procedure and considered in the Council for 
Trade in Goods and some  of its subsidiary bodies . LDC Members felt that it had been  a gain of time 
to put items on the agenda, when actually, it had been  a loss of time to prepare documents  and put 
an item on the agenda with the document s. The LDC Group  later understood that there were two 
sides to the issue , related to two different objectives. Th ose were important for the LDC  Group:  
either  more time to prepare submissions and place them on the agenda versus  receiving documents 
by others to have  more time to review and react to them.  On further information gathering, it 
appear ed that the objective in the second element was driven by those thi nking of specific trade 
concerns. Obviously, it was important for LDCs to understand th ose proposals and weigh  the options.  
The first element  had not been debated , but both elements  were clearly cross -cutting issues for all 
WTO bodies with substantive cons equences.  Since  the Council for Trade in Goods  had adopted  the 
15 days, the LDC Group  would  not stand in the way  of consensus in  the services  Council . 
2.34.  Nevertheless, the LDC Group call ed on all proposals requiring adoption and being of a cross -
cutting nature to be sent to the General Council for debate and for General Council recommendations 
for decision at MC13, as provided in paragraph 3 of the MC12 Outcome Document. In fact, that 
provision did not distinguish between cross -cutting and other reform proposals for decision.  The LDC 
Group  supported paragraph 3 because it was concerned about any matters taken up beyond the 
mandates of the sub sidiary bodies and the ability to debate properly all reform proposals scattered 
across the WTO bodies which had substantive impact.  
2.35.  The LDC Group also recalled  two other matters it had  raised in the Council for Trade in Goods  
or in the General Council . Firstly, a concern about the use of written procedur es, especially during 
summer recess, regarding any item that require d adoption, unless there was a consensus on the 
urgency and why a special meeting outlining matters for adoption could not be held.  The LDC Group 
did not see the urgency to take decisions on WTO reform  matters and where there were impacts 
across the organisation  and on LDCs . 
2.36.  Second ly, the LDC G roup had also expressed concern s about the so -called "agenda setting " 
proposal found in the matrices.  For one, the title was not about agenda setting , it was  about placing 
new items first on the agenda , whilst  other items that were still under deliberation would  
automatically be placed at the end. LDC items had to be prioritised. The LDC Group had raised that 
issue in the Gener al Council in July in relation to  the state of play presented in  document  
JOB/GC/345/Add.1 . 
2.37.  Regarding  the communication  by the United Kingdom , the LDC Group support ed many of the 
elements  in that submission that coalesced with the LDC Group's subm ission (JOB/GC/223/Rev.1 ). 
However, that was  predicated on the principle that the cross -cutting issues requiring adoption, as 
indicated earlier,  be brought forward to the General Council , where all Members were present , 
regardless of the size of the delegation.  
2.38.  In the United Kingdom 's submission, the LDC Group  had taken note of paragraph 5.1 
regarding the external engagement on real world and practical information as well as on  data 
gathering. The Group wished to compare that proposal with what the LDC Group  had been asking 
for regarding the implementation of the services Waiver, specific ally to what LDCs had  asked and 
Ministers had agreed to in paragraph 8 of the MC12 Outcome Document.  The LDC Group wished to  
hear in the Council from LDC services suppliers and consumers in preference -providing Members  on 
a regular basis . That should not  be a difficult task to manage.  
2.39.  The representative  of Bangladesh  aligned  with the statement of Malawi , delivered on behalf 
of the LDC Group, and  thanked  the Secretariat for its compilation  (JOB/SERV/CTS/14/Rev.1 ). 
Bangladesh  always encouraged improvements in the functioning of  the Committee s that  were 
already provided in the LDC Group 's submission in 2022 (JOB/GC/223/Rev.1 ). Bangladesh was 
happy to see that the table reflected some doable practices for the Council, for example, ensuring 
the advance notification of the agenda closing,  the circulation of a draft agenda,  an annotated 
agenda, a factual report on the same day regarding  the decision point s against each annotated 
agenda item , and time -bound circulation of the meeting minutes , etc. His delegation was  of the view 
that all cross -cutting issues on reform should be taken to the General Council  for any decision.  
2.40.  As po inted out by the LDC Group, Bangladesh  also expresse d concern s on the written 
procedure during the summer holidays when most of the delegates were on vacation. His delegation S/C/M/155  
 
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  did not  understand the urgency of such a process in the recess time . Bangladesh a lso share d the 
concerns of the LDC Group that the proposed "agenda setting " and placement or sequencing of items 
demand ed more discussions among Members.  
2.41.  Bangladesh appreciate d the United Kingdom  for its communication ( S/C/W/452 ) as it took 
many elements from the LDC Group's submission (JOB/GC/223/Rev.1 ). However, on some issues, 
such as , for example , the engagement of external stakeholders in the Council's  work, further  
discussions  were needed , and Bangladesh was  looking forward to  engaging with the United Kingdom . 
2.42.  The representative  of the Russian Federation  considered the discussion of trade concerns to 
be an important element of the Council's  functioning. His delegation  fully recogni sed that for many 
such concerns there was a  lack of progress in discussions and in Members' positions. The Russian 
Federation thus welcome d a discussion o f concrete proposals on operational arrangements that were 
absent in the submission but  noted that any changes should not diminish Members'  rights to raise 
such trade concerns.  
2.43.  The Russian Federation believed  that engagement with stakeholders could  be useful to 
advance discussions in  an evidence -based manner and consider ed informal mechanism s such as 
thematic sessions and experience -sharing to be an appropriate tool. The first priority on that front 
should be to ensure equal participation opportunities for all Members. Lack of inclusivit y happen ed 
in cases when the Organization and the selection process was not open to all WTO Members. The 
Russian Federation  called for an open , transparent,  and inclusive process and to explore the best 
practices of  the Committee on Technical Barriers to Trade in that area. 
2.44.  The representative  of the European Union  appreciated the ongoing discussions on improving 
the functioning of the Council  and thank ed the Secretariat for its Note as well as the United Kingdom 
for its communication.  Firstly, the European Union  welcome d the continuation of many good 
practices in the Organisation and functioning of the Council  meetings, including the punctual 
circulation of the agenda , the detailed minutes in report ed style, the hybrid format of the meetings 
that allow ed for Capital participation , and the recently established practice of annotated agendas.  
2.45.  Aiming at further improving the Council 's work, the European Union  was in favour of 
circulating the Airgram  15 calendar days prior to the meeting date instead of the current ten-day 
practice, as that would allow more time for internal coordination. It would also be  optimal if the 
annotated agenda was circulated at the sam e time as the Airgram. It was also  important that 
substantive items for discussion appear ed in both documents , the A irgram and the annotated 
agenda. Moreover, it would be useful to explore, with the Secretariat 's assistance, how e -Agenda 
could be used in t he context  of the Council . The European Union , however, did not consider that 
issuing a draft agenda prior to the circulation of the final agenda would be of added value , but was 
open for further consideration.  
2.46.  Regarding  the meeting reports, the Secretaria t note d that the average time of circulation was 
25 working days after the meeting. If there was a way to share the report even faster that would 
certainly be useful. Moreover, the European Union  found  it useful to establish a clearer timeframe 
for Members to submit communications for agenda items that they wished  to introduce in the Council  
meetings. Circulating a communication one  or two days before the meeting burden ed the agenda 
without giving delegations sufficient time for preparation and reaction and thus did not allow  for a 
substanti ve discussion  during the meeting. It would thus be useful to have communications table d 
well in advance . 
2.47.  Regarding a factual report by the  Chairperson on the decision points for each agenda item  
issued shortly after the meeting , similarly to the United States , the Euro pean Union was  assessing 
that suggestion and what added value such report s would provide in addition to the detailed meeting 
reports that were anyway circulated after the meetings and the annotated agendas that already 
summarise d concisely the agenda items  and their background or the decisions taken in previous 
meetings. Any further information on  the expectations on what such reports might entail would be 
helpful for further consideration.  
2.48.  Finally, regarding  the substantive discussions, the European Union  welcome d the organisation 
of thematic seminars and believed that that was a  good practice that allow ed for interesting 
exchanges and experience -sharing. At the same time, it was  important that seminars were organised S/C/M/155  
 
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  based on Members ' proposals and structured around specific trade -related aspects that fell within 
the mandate of the Committees.  
2.49.  On a similar note, aiming at avoiding duplications, the European Union  had observed that 
sometimes the same issue, agenda item or communication was submitted by Members in different 
fora. It would be useful, whenever appropriate, to limit the discussions on a given topic or 
communication to one Council or Committee.  
2.50.  The representative  of Switzerland  thanked the Secretariat and the United  Kingdom f or their 
contributions , which helped  to guide the work on the implementation of the mandate on ways to 
improve  the functioning of the Council. Switzerland could  generally  go along with the improvements 
suggested in the Secretariat Note but wished to make t hree brief points . Firstly, regarding  the 
circulation of the agenda 15 days prior to meetings , Switzerland favoured  cementing that practice 
in the most pragmatic way possible . If a decision by the Council was easier than amending the Rules 
of Procedure, then that might be considered. Secondly, regarding the factual report, Switzerland  
agree d that the report had to be concise and purely factual , and wonder ed if it might be limited to 
indicat ing the follow -ups d ecided. Finally, regarding  the suggestion for a presentation o n e-Agenda, 
Switzerland  believed that that was  a helpful suggestion and could certainly help to make the work 
of the Council more effective.  
2.51.  The representative  of Chinese  Taipei  appreciate d the Secretariat 's efforts for  the Note and 
welcome d the proposal s by the United Kingdom  that his delegation  generally support ed. Chinese 
Taipei wished to highlight specific suggestions for improvement. Firstly, his delegation saw  value in 
sharing a status report  by the Chairperson  within two working days, despite some details that had  
to be taken into consideration to avoid concerns raised by other Members. Secondly, Chinese Taipei  
also support ed reinforc ing external engagement  in the Council, which allowed experience -sharing in 
a more focused way and help ed revitali se the Council  and its subsidiar y bodies . Lastly , on e-Agenda, 
Chinese Taipei  support ed the Secretar iat's suggestion to organi se a presentation for Members to 
obtain a  better understanding . 
2.52.  The representative  of New Zealand  thanked the Secretariat and the  United Kingdom  for their 
papers.  His delegation welcome d efforts to identify practical and constructive solutions to support 
the revitalisation and reform of the  Council  and its subsidiary bodies , the continued and improved 
functioning of which were central to the good function ing of the  WTO in general . New Zealand  saw 
value in initiatives that bolster ed that objective  and support ed the suggestion of a concise factual 
report by the Chairperson after the meeting, as well as the use of  e-Agenda as already done in other 
Councils and Committees.  
2.53.  Finally, and thinking ahead, New Zealand  was pleased that the  MC12 Outcome Document 
included an explicit reference to services and  would welcome that as part of the equivalent MC13 
documents to highlight the importance of that area of trade policy. Ideally, that would also include 
a reference to developing areas of services trade. From New Zealand's  perspective, environmental 
services were one such example, particularly picking up on the themes from that year's Public Forum 
and also ahead of the next two  Public Forum themes of inclusivity and green trade.  
2.54.  The representative  of India thanked the United Kingdom for its submission and the many 
interesting elements which had been suggested therein. Her delegation drew the Council's  attention 
to the fact that WTO  would  complete 30  years of its functioning on 31 December 2024, after the 
signing of the Marrakesh Agreemen t. Beginning in January , entering  its 30th year as a central pillar 
of the global multilateral trading system, Members had a  collective opportunit y to demonstrate their 
continued commitment to the work of the  WTO, thereby strengthening its effectiveness.  
2.55.  Towa rds that end, India had proposed in its  submission (WT/GC/W/874 ) to galvani se the 
collective resolve of the Organization behind an initiative which was called  "30 For 30", which was a 
Member -led effort to bring at least 30  operational improvements to the  WTO before the Organization 
complete d 30 years. The Org anization would  be able to showcase th ose incremental , yet collectively 
very significant transformational changes on completing 30  years of its existence . The WTO bodies, 
including the  Council , could  benefit from operational efficiency improvement through interventions  
that might  include technology adoption, cross -pollination of best practices amongst WTO bodies and 
adapting the working conventions in a way which benefit ed delegates in Geneva and in the Capital s 
on a day -to-day basis.  S/C/M/155  
 
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  2.56.  She also thanked the S ecretariat for the c omparison matrix of the current functioning of 
the Council  and the  CSC (S/C/W/433 ). India was happy to note  that the matrix reflected some of its 
suggestions for some easily doable practices for those Councils or Committees, including the yearly 
work plan, the annotated agenda, faster  circulation of the meeting  minutes . Her delegati on urged 
Members to consider other suggestions made in India's  submission and drew particular attention to 
the suggestion to institute an annual LDC experience -sharing day, where  LDCs could  present the 
gains made from trade and the problems faced, so that they became  inputs to the ongoing 
improvements for the multilateral trading system.  
2.57.  Similarly, the  WTO collaborate d with International Organizations for various studies. 
However, Members did not play any role in selecting topics or agencies for those studies or the need 
for any such study or the ir analysis. Those  studies and reports often contain ed only select views and 
were released as faits accomplis , thus creating distortion s. India urged the Membership to consider 
those  suggestions.  
2.58.  It also look ed forward to the suggest ed presentation from the Secretariat on e -Agenda. On 
external engagement, India was  of the view that that was a Member -driven process and therefore 
the sanctity  of the Committee process should  be maintained.  However, exte rnal engagement might  
continue in the forms that had been  seen until then. Also, the reforms suggested or being considered 
should not put any more obligations on Members. India stood  ready to engage constructively on the 
issue.  
2.59.  The representative  of Hong Kong, China  appreciated  the Secretariat 's efforts to compile and 
outline possible implementation options for Members' further consideration.  Her delegation 
welcome d the United Kingdom 's constructive proposals and stood  ready to work with Members to 
improve the functioning of the Council  and its subsidiary bodies , as well as to reinvigorate discussions 
on trade in services. Lastly, Hong Kong, China  looked forward  to the Secretariat 's future 
presentations to kickstart the necessary preparations at the technical level to discuss what  was best 
and appropriate for the operation of the Council . 
2.60.  The representative  of South Africa  thanked the Secretariat for its work and the 
United  Kingdom for its submission. Her delegation sought clarification from the United Kingdom 
regarding Section 3 of its submission on "Consideration on ways of working". With respect to point 
(a), it was unclear what problem the proposal solved and what value -added that wo uld bring . Only 
because something was a practice in another Committee did not necessarily make it suitable for 
furthering the objectives of the GATS. It would thus be helpful if the United Kingdom  unpacked how 
that proposal would  further which specific objectives of the GATS .  
2.61.  South Africa  also did not find the idea of a business advisory council usefu l, especially in the 
context of the fact that, in terms of their services sectors, Members were all at different levels of 
development. In South  Africa's context, many of the services actors came  from the  MSME space, 
and it would thus be more useful of fin ding a way of making the  Council  work and deliver for  MSMEs 
in the services economy.  
2.62.  With respect to improving the supporting framework for enhancing the deliberative function 
of the Council, South Africa believed that that was where Members had to focus much of their 
thoughts and efforts in fixing things, since that determined  the overall quality and impact of that 
function.  
2.63.  One of the biggest challenges facing the Council and its subsidiary bodies was transitioning 
from a volume of statements and submis sions by a few Members to actually collaborating and 
walking the path of mutual value. South Africa was of the view that more targeted experience -
sharing activities and more rigorous evidence -based, data -driven discussions could help in that 
regard. Such d iscussions should have clear identifiable and agreeable objectives and should do more 
than just relay information but build common insights.  
2.64.  For example, with respect to notifications , she questioned  whether that should not be more 
than just a transparency  pro forma  exercise . Deriving value for all from notifications, like enhancing 
the understanding on how such measures notified were furthering implementation of commitments 
or advancing cross -border trade in services would be valuable . There was scope , especially from the 
GATS  built-in agenda , for Members  to examine where they should have excelled but fell short . That S/C/M/155  
 
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  was where the Council  could preliminarily  focus its attention  to: topping -up processes for 
representativity, inclusiveness, and outputs that translate d into growth and development that 
actually increase d the equitable participation of developing countries and LDCs in services trade.  
2.65.  The representative  of the Philippines  thanked the Secretariat for its compilation and 
the United Kingdom  for its communication. His delegation was  generally  supportive of the element s 
contained in the  communication  by the United Kingdom and  wished to highlight two perspectives on 
WTO reform. Firstly , the Philippines  support ed the principle of "reform -by-doing ", so the ideas that 
had gained traction in the Council should be implemented at least on a test basis. He also pointed 
out the usefulness  of the annotated agendas that had been circulated in advance of the previous 
meetings . Secondly, the Philippines support ed more substantive engagements and technical 
discussions, particularly engagement with stakeholders on developments in services trade.  
2.66.  The representative  of Thailand  thanked the Secretariat for its  Note. She noted that t he 
annotated agenda with the background provided for each item was very helpful. Her delegation  
support ed the closure of the agenda and issuance of the A irgram 15 days pr ior to meeting s, for 
Members to have additional time to prepare for the meeting and coordinate with Capital. Thailand  
also looked forward to the Secretariat's presentation on e -Agenda.  Concerning  the concise factual 
report by the Chairperson, Thailand beli eved that the proposal by the United Kingdom for a 
circulation within two working days would be feasible.  Regarding  the report to the General Council , 
Thailand saw  no problem with the formal report by the Council as long as it was not duplicative.  
2.67.  She also  thank ed the United Kingdom for its proposal to revitalise  the work of the Council . 
Thailand agreed with the importance of the  role of services to employment , especially for women 
and SMEs and that the Council  and its subsidiary b odies should continue discussing the development s 
of services trade and regulation s on topics of interest to Members and within the  CTS mandate. It 
was crucial to hear different perspectives from stakeholders , including academia and business 
sectors , and t o better understand how trade in services work ed in the business world. Thailand 
looked  forward to further discussion s on that. 
2.68.  The representative  of Costa Rica  appreciate d the Secretariat's Note and the communication 
by the United Kingdom. His delegation  support ed the elements contained in the United Kingdom's 
communication. Both documents refer red to measures that had already been implemented and 
others that had to  be considered further  in order to move forward with the "reform -by-doing ". 
2.69.  The annotated agenda was very useful. Cost Rica  also support ed the closing of the agenda  15 
days before the meeting. E-Agenda was a tool that would  facilitate the participation of delegations 
and therefore inclusiveness. Costa Rica  also believe d that it was important to speed up the 
distribution of minutes. Finally, Costa Rica support ed improving the participation of external 
stakeholders or collaborators, including academia, the private sector, MSMEs  and the search for 
mechanisms that would  allow to maintain a  regular dialogue and enable Members  to hold evidence -
based discussions.  
2.70.  The representative  of the Kingdom of Saudi  Arabia  thank ed the Secretariat for its Note and 
the United Kingdom  for its  productive and constructive proposal s. Her delegation  aligned with all 
those proposals  and believe d that strengthening the functioning of the Council was crucial and 
timely. That would  highlight the importance of the role of trade in services to global tr ade. 
Saudi  Arabia was k een to have a timely and meaningful outcome  from the Council and the Special 
Session  at MC13.  
2.71.  With regard to the specific proposals,  Saudi Arabia  support ed the distribution of the annotated 
agenda and the Airgram at the same time  and 15 days prior to the meeting s and  welcomed  the idea 
of a factual report by the  Chairperson . That would make it easier  for delegations  to follow up and to 
communicate with Capital. Saudi Arabia also welcome d the Secretariat's presentation to guide 
Members  in their future work.  The participation of other  stakeholders was welcomed and considered 
very useful for the meetings. With regard to the meeting report, Saudi Arabia  would be grateful if 
the Secretariat could  send it a bit earlier, because delegations sometimes had t o report back to 
Capital. Lastly, with regard to communications by Members, Saudi Arabia a ppreciate d receiving  them 
in advance in order to coordinate with Capital and prepare its input.  S/C/M/155  
 
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  2.72.  The representative of the United Kingdom  thank ed Members for their comments and 
questions. She had heard  a lot of support for some of her delegation's  suggestions, in particular , 
exploring the use of e -Agenda and increasing engagement with external stakeholders . However, it 
seemed Members  might  need further discussion s on the Chair person 's report and the operational 
arrangements of the specific trade concerns . The United Kingdom was looking forward to continuing 
those discussions.  
2.73.  She thanked South Africa for its observations  and wished to  pick up on some of the specific 
comments and questions. Her delegation agreed  with a number of the observations made . The 
United Kingdom  strongly agree d that Members  should make the  Council  work and deliver for MSMEs 
in the services economy and hope d that the proposals were in line with that objective . The 
United  Kingdom also agree d that more evidence -based and data -driven discussions could  help build 
a common understanding among Members on issues in services trade.  
2.74.  Regarding South  Africa's s pecific point about the Chair person 's status report, again, the 
United Kingdom agree d that just because another Committee  was doing something did not 
necessarily mean Members should do the same in the Council . However, the United Kingdom  
believed  that it was useful to consider best practice s elsewhere and to consider whether they were  
appropriate for the Council and its subsidiary bodies . Further to the specific question about the 
rationale for that proposal, the United Kingdom's objective was mainly to increase transparency and 
foster greater inclusion and participation, pending the circulation of the minutes. The communication 
suggested specific ways to ensure that the report was factual, concise, and neutral. However, the 
United Kingdom was open to further discussions on that and other suggestions in its communication 
and thanked all Members for their comments.  
2.75.  The representative of Chile thanked  the United Kingdom  for its communication  and the 
Secretariat for its Note . The communication  contain ed important elements to facilitate the Council's 
work. Chile  support ed that the agenda be circulated within the prescribed deadline  and favoured 
greater involvem ent of e xternal stakeholders.  
2.76.  The Chairperson  thanked Members for the rich and fruitful exchange of views and the 
numerous suggestions. Firstly, there was  general convergence on several easy and feasible steps to 
improve the functioning of the  Council , including  the continued  circulation of the annotated agenda, 
possibly at the time of distribution of  the Airgram , and tasking  the Secretariat with a  presentation 
on possible ways to implement e -Agenda at the following Council  meeting. The use of e-Agenda  
could  then facilitate faster dissemination  of the meeting report, a proposal  that had also received 
support , but which depend ed on when  delegations  submit ted their statements.  
2.77.  Secondly, many  delegations  also expressed  the need for external and mor e substantive 
engagement, including in the form of thematic sessions, seminars, and experience -sharing sessions . 
However, further deliberations might be required on how to choose topics and speakers.  For 
example, the LDC Group had pointed out  that it might  be useful to hear from LDC services suppliers 
and consumers in preference -providing Member s. 
2.78.  Thirdly, further consideration might be necessary regarding  the earlier closure of the agenda  
and the issuance of the Airgram 15 days before  formal meeting s. It was expressed that the decision 
had two sides: Members had to choose between having more time to prepare for the meeting or 
having more time to prepare  and to submit  their contributions and documents. Unfortunately , 
achieving both opti ons was not feasible . 
2.79.  Fourthly, there was no support for  issuing a draft agenda before  circulating  the final agenda, 
given its reduced utility alongside the  annotated agenda and the earlier distribution  of the minutes.  
2.80.  Fifthly, concerning  the factual report by the Chairperson, many delegations found it potentially 
useful,  but others indicated that more discussions were needed on how the report  should look and 
how to ensure that it was a factual report to be done within two  days after the meeti ng.  
2.81.  She proposed  to issue a report on her own responsibility on all those suggestions , which  could 
be considered  by Members in an informal meeting in November.  S/C/M/155  
 
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  2.82.  The representative of Bangladesh  highlighted an additional good practice that had not been  
mentioned but was followed by many Committees. He suggested that the Secretariat send an 
informal email alerting  the closing date of the agenda. That practice was  particularly important and 
helpful for small delegations like Bangladesh. He expressed hope  that the Secretariat would continue 
with that practice  in future . 
2.83.  The Chairperson  noted that the date of closure of the agenda for each Committee was already 
indicated within the new interface on the  WTO website and that the Secretariat  also communicated 
the date when it circulated the dates for the coming services cluster. She recogni sed the challenges 
in keeping track of all Committees and deliberations within the  WTO. She suggested concluding  the 
discussion s on WTO reform  and proceed  as proposed . 
2.84.  It was so agreed . 
2.85.  Turning to the pandemic response, t he Chairperson  recalled that the Council  had held its first 
informal experience -sharing session on the impact of  COVID -19 on trade in transport and logistics 
services  on 13 June . A summary of the deliberations at that session had been  circulated by the 
Secretariat in document JOB/SERV/CTS/16 . 
2.86.  The representative of the Republic of Korea  said that the experience -sharing session on 
transport  and logistics services had been  highly beneficial, and that his delegation had  high 
expectations for the upcoming session on healthcare services. Given that many Committees had 
been conducting frequent experience -sharing sessions lately, it seemed  necessary to select topics 
judiciously t o avoid duplication and maintain the number of sessions at a reasonable level to 
encourage active participation from Members . 
2.87.  The representative of India thanked Members  and the Secretariat for the first information -
sharing session on transport and logisti cs services . It had been  useful to have perspectives and 
national experiences on how Members dealt with the  impact of  the COVID -19 pandemic on road 
transport and logistics, which was a very important sector from a trade point of view. India looked  
forward to the key takeaways and lessons learned during th ose information -sharing sessions , which  
would be useful for Members'  preparedness for the response to future pandemics and natural 
disasters.  
2.88.  The representative of China  noted that the first experience -sharing session in June had been  
very fruitful. China had  invited experts from the private sector who had share d experiences on 
promoting the resilience of logistics services by using digital technology . China would  continue to 
actively pa rticipate in the experience -sharing discussion s and looked  forward to hearing experiences 
and best practices from other Members at the session  on health services .  
2.89.  The representative of Bangladesh  thanked  the Secretariat for its report on the informal 
experience -sharing session on trade in transport and logistics services in June. A Capital -based 
representative from Bangladesh had attended the workshop online. It had been  a good opportunity 
for Members to hear first-hand accounts and experiences of some Mem bers' services sector , their 
challenges and how they had addressed those challenges during  the COVID -19 pandemic.  
Bangladesh  looked forward to actively participating in the informal experience -sharing session on 
the impact of COVID -19 on health services.  
2.90.  The representative of the European Union  appreciated the organisation of the first experience -
sharing session on COVID -19 and transport and logistics services. The Secretariat 's presentation on 
the impact of the pandemic on maritime , air, rail and road fre ight transport as well as logistics 
services had been very informative, and her delegation believed  that the subsequent presentations 
by ten Members had offered useful insights on the different experiences, challenges and policy 
responses.  
2.91.  Her delegation h ad offered some facts and figures on the impact of the pandemic on transport 
and logistics in the European Union and on its response measures that had  been aimed at  three 
main objectives:  ensuring immediate economic relief to the affected sectors; preservi ng the internal 
market for freight and transport workers and safeguarding EU trade with the rest of the world; and 
ensuring safe mobility and passenger protection.  The European Union was looking forward to the 
remaining thematic seminars, including the for thcoming one on  COVID -19 and health services.  S/C/M/155  
 
- 13 - 
 
  2.92.  The Chairperson  was encouraged to hear that Members  had found the first session informative 
and valuable. As already pointed out, the second session would take place on the following day 
at 10 am. The  program had been  circulated on  27 September (JOB/SERV/CTS/17/Rev.1 ). She 
encourage d all Members to participate actively, including from the floor.  
2.93.  Still on the issue of the pandemic response, she indicated that the delegation of India ha d 
circulated a submission  titled "Trade -related Measures taken by India in Response to the  COVID -19 
Pandemic and Preparedness for Future Pandemics " (JOB/SERV/CTS/15 ).The representative of India 
stated that India's submission (JOB/SERV/CTS/15 ) captured the efforts made by the Indian 
Government in response to the pandemic. It covered both goods and services aspects, and she 
expressed her intention to focus on the services aspects. As a developing country with the world's 
second -largest populatio n at that time, India had been  greatly  impacted by COVID -19. The 
Government of India responded to the crisis with a whole -of-Government approach, including the  
effective  use of  relevant trade policy instruments . Given the mandate of paragraphs 23 and 24 of 
the WTO 's Ministerial Declaration on the response to the pandemic ( WT/MIN(22)/31 ), India 
present ed a review of the measures taken by the Government of India to address the COVID -19 
pandemic.  
2.94.   Specifically concerning the services sector, until Novemb er 2022, India had identified 145 
countries or regions to be considered for issuing a  primary vaccination schedule completion 
certificate. Further , India  had entered into arrangements for the mutual recognition of COVID -19 
vaccination certificates with 43 countries, thereby facilitating India's trade in services with those 
countries through modes 4 and 2.  
2.95.  The Government of India had also issued "Guidelines for International Arrivals " in the context 
of the COVID -19 pandemic  and the same had been updated from time to time  based on the global 
situation . All international travellers to India should preferably be fully vaccinated in their country 
as per the approved primary schedule of vaccination against COVID -19. 
2.96.  The Government of India had also taken  various steps  to enable work from home during the 
pandemic, which had allowed  the continued provision of critical services  by the Government,  not 
only domestically but across the world, since India was the back office to many global conglomerates 
and firms .  
2.97.  Furthermore , while the world was locked down amidst COVID -19, Indian tech companies had 
ensured that business remained uninterrupted for their global clients . With 95 % of their employees 
working from home , India's IT and IT eS sectors successfully fulfilled their global commitments . Their 
efforts were complemented by an enabling ecosystem of robust infrastructure and regulatory 
changes , which aided the  industry's adaptation to the COVID -19 crisis. Those policy measures had 
been key to maintaining the availability of global health and financial services through  the pandemic.  
2.98.  The Government of India had also created facilitative policies for the Indian service s industry 
to maintain continuity of operations. Those policies , includi ng provision of reliable high -speed 
internet and guidelines for movement of people  where absolutely required , had ensured  that global 
financial services, healthcare, and insurance industries, among others, continued to work 
uninterrupted, maintaining globa l business continuity.  India's efforts toward s Services Trade 
Facilitation had been  integral to maintaining unhindered provision of essential services worldwide.  
2.99.  In July 2020, India had started  entering  into bilateral "air bubble " arrangements with select 
countries . Since regular international flights had been  suspended during the pandemic, th ose air 
bubbles had served as temporary arrangements for restarting commercial international passenger 
services . India had 37 such arrangemen ts, providing connectivity with more than 100 countries. The 
air bubble arrangement s had ended  with the resumption of scheduled commercial passenger flights 
in March 2022.  
2.100.   Regarding COVID -19 vaccination and testing facilities, India's National COVID -19 
Vaccination Program was the largest vaccination drive  in the world . Under the program me, all 
citizens and foreign nationals above the age of 12 residing in India were provided free -of-cost 
vaccination at the COVID -19 Vaccination Centres .  S/C/M/155  
 
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  2.101.   All vaccinations administered were linked to the unique digital identification , Aadhaar,  thus 
creating a central , national database of vaccines administered. That database had information on 
vaccination  date, time, location, vaccine , batch details of the v accine, unique identification number, 
and the vaccinator. The vaccination certificate could be obtained digitally in near -real-time after the 
vaccine dose was administered. Similarly, all COVID -19 samples tested were also linked to that 
unique digital iden tification, which created  a central database of tests and test results. The digitally 
delivered test reports also included that identification number.  
2.102.   The Government of India adopted a hub -and-spoke model for ramping up COVID -19 testing 
efforts . India also  performed large -scale genetic sequencing of SARS -CoV-2 and extended  that 
support to neighbouring  countries like Nepal and Sri Lanka. In addition, the Government established 
mobile sequencing labs at airports, make -shift hospitals, and testing laboratories , and conducted 
SARS -CoV-2 surveillance using sewage samples.  
2.103.   The Government of India used a lot of d igital technology in healthcare , as an integral  part 
of its response to the public health crisis stemming from the pandemic.  In 2021, India launched 
COVID -19 Vaccine Intelligence Network (CoWIN)  application, an end -to-end digital platform to 
facilitate India's COVID -19 vaccination drive. CoWIN  allowed citizens the luxury of choice for 
registration, vaccination slot booking, and tracking vaccination schedules. In an unprecedented step, 
India made the CoWIN  platform open source for all countries to access, adapt, and use, making it a 
global Digital Public Good. Notably, that was the first time any country had made a software platform 
develo ped by its public sector available to the world.  Details of India's approach to using Digital 
Public Infrastructure were presented in its paper titled "Role of Promoting Digital Public 
Infrastructure in Promoting E -commerce" ( WT/GC/W/863 ). Moreover, India introduced digitally 
storable electronic vaccination  certificates that serve d as vaccine passports during the pandemic.  
India organi sed a number of  online training program mes related to COVID -19 testing, clinical 
practices, case management, vaccine development and delivery, etc., under e -ITEC which saw 
participation of  1,300 participants  from Asian and African countries.  
2.104.   In 2022, India launched the mobile application Aarogya  Setu, enabling people to self -assess 
their risk of contracting COVID -19. Further , the Government developed Aarogya path National 
Healthcare Supply Chain Portal, a digital platform providing real -time availability of critical 
healthcare supplies, helping ma nufacturers and suppliers reach a broader customer base.  
2.105.   The representative  comment ed on India's previous submission s. In pursuance of the 
Ministerial Declaration on WTO response to the COVID -19 pandemic and preparedness for future 
pandemics adopted by the  Membership at MC12, which, inter alia, underlined the critical role of 
services in ensuring resilience during COVID -19 and future pandemics, India had made two 
submissions: one on building a pool of health professionals to respond effectively to pandemics  and 
natural disasters, contained in document S/C/W/427 ; and another delving into the role of 
telemedicine services in response to the pandemic, contained in document S/C/W/426 .  
2.106.   In the previous  meeting, India had drawn  the Council's attention to the questions posed for 
further discussion at the end of its submissions. Those included sharing Members' experience 
regarding adoption of telemedicine; identifying challenges and opportunities for expanding 
telemedicine service s; steps that Members were taking to address those challenges and harness 
those opportunities; what trade -facilitating measures Members had taken to promote cross -border 
trade in telemedicine services; the role digital public infrastructure could play in f acilitating 
technology transfer and promoting digital delivery of health services; and lastly, how Members could 
move forward in pursuance of the Ministerial Declaration in document WT/MIN(22)/31  and agree on 
the next steps to enable the use of cross -border supply of telemedicine services in dealing with 
future pandemics.  
2.107.   On the pool of healthcare professionals, similar questions had been posed, including sharing 
Members' experiences regarding planning surge capacity of health professionals during the 
pandemic, the measures that had been taken to ensure the continuity of supply of those services, 
and the role that recognition of professional qualifications could play.  
2.108.   Deliberations on the lessons learned and sharing of best practices and experiences by t he 
Membership could build effective solutions in addressing barriers, obstacles and challenges that 
prevented the expansion of cross -border supply of telemedicine services. The pandemic had also S/C/M/155  
 
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  brought into focus the role that foreign health professionals  could play in ensuring continued supply 
of critical services in such times.  
2.109.   In pursuance of the Ministerial Declaration and to better address current and future 
pandemics and disasters, it would be imperative for the Membership to formulate a multilateral  and 
coordinated response for building a pool of health professionals and facilitating recognition to ensure 
a continued supply of critical services. India looked forward to deliberations in the experience -
sharing session on health and related services on the following day, and the takeaways from that 
session, in order to prepare to respond better to future pandemics and natural disasters.  
2.110.   The representative of Malawi , speaking on behalf of the LDC Group , reiterated its 
appreciation to India for that submis sion and refer red to the Group's  intervention at the previous 
Council  meeting.  
2.111.   The representative of Bangladesh  welcome d India's  submission  in JOB/SERV/CTS/15  and 
deeply appreciate d India's efforts for constructive discussions by providing information on its 
initiatives during the COVID -19 pandemic and offering some thoughts to address the challenges of 
future pandemics. Some elements in th e paper were relevant to the work of the Council . Bangladesh  
therefore support ed India's efforts for exploratory discussions and look ed forward to working with 
India and other Members.  
2.112.   The representative of the Republic of Korea appreciated  India's efforts  in sharing its 
experiences in response to the COVID -19 pandemic. Its communication provided an opportunity to 
learn about the policies implemented by India in response to COVID -19 and its contributions to the 
international community. In particular, the ut ilisation of digital technology in various fields had been 
highly impressive. Korea would take those lessons into consideration and apply them effectively in 
its own context.  
2.113.   On the other hand, he wished to provide brief comments , specifically about the se rvices 
sector in India's communication. Firstly, telemedicine had been increasingly used during the COVID -
19 pandemic in many countries. However, it was still in the early stages and clear regulatory systems 
and laws had not been established even at the na tional level in many countries. It offered numerous 
benefits to patients, but it also required careful consideration of various factors such as patient 
safety, medical workers ' liability, and protection of medical information.  Korea ha d initiated limited 
pilot programs for remote healthcare and intend ed to continuously refine the regulations based on 
those trial results. The adoption speed of remote healthcare might  vary significantly among 
countries. Hence, it might  not be the right time for organi sing dedicated discussion s among Members 
on that issue. It would  be more appropriate to organi se seminars led by relevant institutions to 
broaden Members'  understanding of the subject.  
2.114.   Secondly, in addressing healthcare workforce cooperation for pandemic and na tural disaster 
responses, it appear ed more suitable to discuss the matter within the framework of the WHO, rather 
than the WTO , due to the humanitarian nature of the issue.  
2.115.   The representative of Barbados , speaking on behalf of the ACP Group , thanked India for its 
submission  and proposal s. The elements related to reducing  barriers to telemedicine  and the 
mobili sation of healthcare workers align ed with the elements in the AC P Group 's paper that had been  
submi tted in the context of the CTSS . The ACP Group was  therefore supportive of India 's submission  
and the information -exchange regarding  India's experience and efforts on telemedicine, in particular 
during the pandemic.  
2.116.   The representative of Egypt  thank ed India for its submission and for its informative 
presentation on India's experience in trade -related measures in response to the  COVID -19 
pandemic. Egypt also thanked India  for the other submissions , on the role of telem edicine services 
and building a pool of health professionals, which contribute d positively to the effective response to 
the pandemic and the sharing of knowledge among Members . Egypt was  thus looking forward to the 
experience -sharing session on health serv ices on the following day . 
2.117.   The representative of  the Bolivarian Republic of Venezuela  acknowledge d the contribution 
by India. His delegation  agree d on the importance of addressing the issue of responding to COVID -S/C/M/155  
 
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  19 and future pandemics, within the framewo rk of medical services, and hope d that the discussions 
in the forthcoming session on health services would be as fruitful as possible . 
2.118.   The representative of the Russian Federation  thanked India for bringing that item to the 
discussions of the Council. The issue of expanding the use of telemedicine technologies was one of 
the priorities of the current activities of the Ministry of Health of the Russian Federation. At the same 
time, there was a need to carry out measures for the harmonisation of legislation for the organisation 
of cross -border supply of medical care.  
2.119.   In that regard, the Russian Federation believed that it would be a promising idea to organise 
a discussion with experience exchange between Members on implementing the regulatory meas ures 
for healthcare services providers with a possibility for the Secretariat to present additional data on 
the national regulatory frameworks including their impact assessment.  
2.120.   The representative of the United States  thank ed India.  His delegation had already shared its 
views on India's submissions  and did not intend to  repeat them but recalled  that the United Sates  
saw telemedicine as an issue that would not be productive if cast as a trade issue. Members should 
work with health regulators to find more app ropriate fora for engaging on topics that were 
fundamentally about improving health outcomes, not trade outcomes . On building a pool of health 
professionals , the United States did not agree with the premise of the paper  that a lack of mutual 
recognition of  foreign health professionals was a critical barrier in dealing with pandemics or that 
the WTO was the best forum for creating such a pool.  
2.121.   The Chairperson  recalled that the MC12 mandate on the pandemic response was for relevant 
bodies to "analyse lessons that have been learned and challenges experienced during the COVID -19 
pandemic." The General Council was additionally mandated to conduct a stocktaking exercise of the 
work carried out, "based on the reports of the relevant bodies". Against that background , she invited 
delegations to reflect on how the Council should proceed in reporting to the General Council. She 
planned to organise informal consultations to hear any views Members might have in that regard.  
2.122.   She suggested that the Council take note of the statements made.  
2.123.   It was so agreed . 
3  ITEM C: OPERATIONALIZATION OF THE LDC SERVICES WAIVER  
3.1.  The Chairperson  recalled that Members had agreed to hold a one -day hybrid workshop on 
improving LDC s' services trade data during that cluster of services meetings. That workshop would  
be held on  5 October. The program me for the event , which had been  circulated on 28 September , 
provide d for a very rich exchange of experiences and sharing of expertise. She trusted that the 
workshop would  be highly informative , and that it would  provide useful pointers as to possible ways 
forward to improve services trade data for  LDCs.  
3.2.  Additionally, at the Council  meeting in June, the  LDC Group had indicated that it was 
developing a questionnaire to gathe r information on the activities of  LDC service suppliers and 
consumers in preference -providing Members ' markets. 
3.3.  The representative of Malawi , speaking on behalf of the LDC Group , indicated that paragraph  8 
of the MC12 Outcome Document included Ministers' instructions for reporting at MC13  concerning 
the services Waiver . The Group thus sought clarification with respect to item B regarding 
implementation matters from MC12 mandates and  questioned whether paragraph 8 should be 
reflected under that a genda item as well.  Members had  specific instructions from Ministers for 
reporting at MC13 concerning  the services Waiver implementation . However, Members had to 
maintain that  item as a regular item on the agenda of the Council  as mandated in the Nairobi 
Decision.  
3.4.  The LDC Group referred to its intervention  at the previous meeting , which was  reflected in 
paragraphs 3.5 to 3.8 of the previous meeting report ( S/C/M/15 4). Concerning an update on its 
communication, the LDC Group ha d been compelled to devise its own online questionnaire to gather 
more information directly from LDCs and their services suppliers.  The LDC Group hoped t o have 
collected some information from that mechanism to assist in the preparation of its communication.  S/C/M/155  
 
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  The LDC Group nevertheless looked  forward to the workshop on improving LDC services export data 
on 5 October.  
3.5.  The representative of Bangladesh  aligned with the statement delivered by Malawi on behalf of 
the LDC Group. Ministers had reaffirmed the Nairobi decision on the LDC services Waiver in 
paragraph 8 of the MC12 Outcome Document. LDCs had been requesting a fuller and more 
meaningful operatio nalisation of that decision . 
3.6.  The Note by the Secretariat on "Improving LDC's Services Export Data"  (S/C/W/428 ) pointed 
out that "LDCs were not able to take advantage of growth opportunities brought about by increased 
services digitali sation due to lack of infr astructure, skills, and a digital divide". It was always 
highlighted that many LDCs, as exporters of services, lacked the necessary infrastructure to collect 
and collate services export data. In that connection, LDCs needed support to build the necessary 
infrastructure. On the other hand, LDCs should not be singled out  for the lack of data as trade data 
included both exports and imports. Importing countries also had to maintain and provide bilateral 
data on the import of services from LDCs. That could help practically to minimise the data scarcity 
in LDCs services trade.  
3.7.  Bangladesh requested updated information from preference -providing countries on their 
consumers receiving or contracting LDC services. Bangladesh underscored the need to assess best 
practices in facilitating the use of the Waiver  preferences, as instructed  by Ministers at MC12.  
Bangladesh hoped that preference -providing Members would improve their schemes or programs 
where necessary, to ensure more LDC participation in services trade and to make that decision truly 
effective for LDCs.  
3.8.  The Council's informa l workshop on improving LDC services data on 5 October would be a good 
opportunity for all to learn from participants' experiences. However, that should not be occasional 
but regular work at the WTO. In that context, Bangladesh suggest ed the establishment of an informal 
working group on services trade data for LDCs which might  gather experts in that area and would  
ensure the continuity of work in that domain over the years in the WTO.  Bangladesh looked forward 
to working constructively with Members.  
3.9.  The re presentative of India said that at MC12  Ministers had given clear instructions to review 
and promote the operationalisation of the Waiver. In that regard, India looked forward to the 
submission by the LDC Group. The efforts by the Secretariat in that direc tion were appreciated.  
3.10.  In the previous meeting, India had suggested comments for consideration and provided 
greater clarity which might be taken into account for further deliberations. A focus might be made 
on certain sectors like tourism, health and social care, workforce -dependent sectors like distribution, 
logistics, construction, etc., and also on the modes of importance to LDCs such as modes 2 and 4.  
3.11.  India also suggested and  believed that a periodic exercise by the Secretariat would generate 
comparable data and would be more useful ; it could includ e using  available data sources such as 
mirror data or proxy data to strengthen the data of LDC services exports and to use institutional 
mechanism s and funding in that regard . India highlighted the role of developed and developing 
countries in strengthening their da tabases  regarding the imports from LDCs and regarding training, 
capacity building and sharing of best practices.  
3.12.  It would also be beneficial for LDCs to assess available data from administrative departments 
and Balance -of-Payment data from their Central Banks.  In that regard, pilot projects might be 
considered. India wished to note that there might be too many complexities , like informal trade or 
type of service suppliers , which might be avoided at that stage . India remained ready to engage 
constructively on that issue and looked forward to meaningful engagement with Members on that 
important issue.  India look ed forward to the  Council's  workshop on 5 October, where a 
representative from India's Central Bank, the Reserve Bank of India , would also be presenti ng. 
3.13.  The representative of South Africa  confirmed her delegation's support for the LDC Group's 
statement. South Africa looked  forward to the workshop that week, which it hoped would  support 
the development of new recommendations to enhance the implementation of the Waiver. Making 
progress on LDC export data would  hopefully be illuminating and useful for testing the usefulness 
and meaningfulness of the preferences given under the Waiver, or to identify if and how they fell S/C/M/155  
 
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  short of expectations , thus propelling Members  to work together on solutions for supporting LDCs ' 
services trade. South Africa also hoped that the LDC export data would help in  complementing and 
supporting  the work on the continent with respect to the Agreement on Trade in Servi ces under the 
AfCFTA and that that would support services trade of African LDCs . 
3.14.  The Chairperson  reminded delegations that the o perationali sation of the LDC service s Waiver 
was a standing item on the  Council 's agenda . Members should continue discussing way s to improve 
their efforts to increase the participation of  LDCs in world services trade and a first step would  be 
the workshop on 5 October .  
3.15.  She also  brought to the attention of the Council, as indicated in the annotated  agenda for that 
meeting, that in autumn, the Council normally heard a presentation from the Secretariat on recent 
developments in trade in services statistics, under a specific agenda item. As the workshop on 
Thursday would  include such a presentation , to avoid duplicati on, an agenda item on that topic had 
not been included on the Airgram for that meeting. Having said that, she encourage d delegations to 
reach out to her , should they wish to discuss developments in services trade statistics in the formal 
Council  setting, s o that an item could  be added to the agenda of the Council's December meeting.  
3.16.  She suggested that the Council take note of the statements made and said that the Council 
would revert to that item at its next meeting.  
3.17.  It was so agreed . 
4  ITEM D: WORK PROGRAMME  ON ELECTRONIC COMMERCE  
4.1.  The Chairperson  recalled that , at the Council's previous  meeting, some Members had shared 
information on their national developments relating to e -commerce. For that meeting, the African 
Group ha d submitted a communication titled "The role of transfer of technology in resilience building: 
Work Programme on Electronic Commerce", contained in document S/C/W/450 . 
4.2.  The representative of Egypt , speaking on behalf of the African Group , noted that the proposal  
had also been presented during the dedicated discussion on e -commerce the previous  month. The 
African Group appreciated the interest shown  by Members during the mentioned discussion on that 
important matter.  
4.3.  The African Group recognised the vital nexus be tween e -commerce and technology transfer, 
which played an important role in shaping the future of global trade and development. The world 
was facing severe challenges in the current international economic landscape . Among th ose 
challenges was the digital d ivide, that persist ed with no clear roadmap in sight to address the 
pressing global problems.  
4.4.  Economic resilience in the face of economic and financial hardships was of paramount 
importance to weather the challenges that Members' economies were encounterin g. Technology 
transfer was a vital component of building economic resilience. It empower ed countries to diversify 
their economies, enhance productivity, create jobs, and adapt to changing market conditions. 
Moreover, it contribute d to sustainable developme nt, enhance d global partnerships, and facilitate d 
integration into global technology -intensive supply chains.  
4.5.  E-commerce served as both a catalyst and a beneficiary of technology transfer. The significance 
of that complex relationship could not be overstat ed. It encompassed various dimensions, including 
the following. Firstly, e -commerce provided a borderless marketplace where businesses and 
individuals could engage in trade, enabling the dissemination of technology -related goods and 
services across interna tional borders. Secondly, e -commerce relied on advanced digital technologies 
and infrastructure, as those platforms expanded globally. Thirdly, e -commerce facilitated cross -
border collaboration, allowing businesses to share best practices, transfer technol ogy, and foster 
innovation, and transcending geographical boundaries. Fourthly, d igital platforms and technology -
enabled services allow ed better integration and smooth ed coordination between different sectors 
across distant markets.  
4.6.  On the other side, technology transfer benefitted e -commerce by virtue of the following. Firstly, 
technology transfer injected fresh innovations and products into e -commerce. Secondly, access to S/C/M/155  
 
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  transferred technologies could significantly reduce developme nt costs for e -commerce businesses.  
Thirdly, t echnology transfer empower ed e-commerce businesses to tap into new markets by 
adapting their platforms and services to local needs and regulations.  Fourthly, e-commerce 
enterprises that gain ed access to cutting -edge technologies through technology transfer could  attain 
a competitive edge in the market by offering superior services and experiences.  
4.7.  The WTO occupie d a crucial role in regulating and facilitating international trade . With specific 
regard to e -commer ce and technology transfer , the GATS  covered e-commerce aspects  
comprehensively , encompassing telecommunications, financial services, and computer -related 
services. The objective was to create a predictable and equitable environment for cross -border trade 
in those domains.  
4.8.  It was against that background that the African Group had submitted its communication , to 
underscore the importance of "technology transfer and access to technology " in the context of e -
commerce, emphasi sing the need for collaboration, eq uity, and attention to digital challenges and 
opportunities in the global trade landscape.  The communication should be read in conjunction with 
various papers and documents submitted by the African Group aiming at exploring the means and 
ways through which  the WTO could contribute to industriali sation and digitali sation of African 
developing countries. It highlight ed the importance of technology, especially in the context of e -
commerce, and its role in addressing global development challenges. It further em phasi sed the need 
for collaborative efforts, openness, and inclusivity in the discussion of trade, technology transfer, 
and sustainable development.  
4.9.  Among the key points included in the document , the African Group underscore d the following. 
Firstly, t he paper emphasi sed the complementary nature of the mandates related to e -commerce 
and the transfer of technology in the WTO. It underline d that both mandates were aimed at 
promoting development.  Secondly, t echnology and innovation were essential  for achieving the SDGs 
outlined in the 2030 Agenda. The effective transfer and access to technology were crucial 
components in that regard.  Thirdly, t he digital divide was a significant challenge, with developing 
countries, particularly in Africa, facing disparities in digital infrastructure and skills. Fourthly, sa fety 
and cybersecurity were integral to trade agreements in  the digital age.  Fifthly, t here was a need to 
address digital inequities, encourage technology diffusion, ensure regulatory compliance , and 
combat anti -competitive practices by dominant digital companies, which could  lead to unfair trade 
practices.   
4.10.  The African Group  expected that the issues presented in its document would  be carefully 
analy sed and discussed among Members, with a view to  making recommendations to Ministers for 
adoption at MC13. It was proposed that discussions on the role and relevance of the WTO rules in 
relation to the concerned topics be examined and for engagement to start as soon as possible under 
the 1998 Work Progr amme on Electronic Commerce.  The African Group emphasi sed the 
interconnectedness of e -commerce and technology transfer and the myriad of benefits that 
relationship offered , and acknowledge d the crucial role of the WTO in guiding that journey, 
advocating for fairness and inclusivity in the global trading system.  
4.11.  The representative of Malawi , speaking on behalf of the LDC Group , support ed some of the 
questions raised in the submission  S/C/W/450  by the African  Group. The LDC Group noted that it 
would  soon complete its work on an updated submission for  the E-commerce Work Programme  which 
addresse d some of the questions concerning technologies as well.  
4.12.  The representative of China  noted that his delega tion supported the reinvigoration of the Work 
Programme on Electronic Commerce as mandated by MC12 through intensified dedicated discussions 
as well as discussions in relevant WTO bodies, including th e services  Council. The development 
dimension was at the  core of the WTO e -commerce agenda. China attached great importance to and 
firmly supported the inclusion of development -related topics in the areas of e -commerce and the 
digital economy to effectively address the practical needs of developing Members.  
4.13.  China welcomed the proposal ( S/C/W/450 ) made by the African Group and actively supported 
the development of digital skills of developing Members, aiming to bridge the digital divide and 
promote inclusive development. In response to the actual needs and requests of developing 
Members, China had been providing various projects to help improve digital infrastructure and 
enhance capacity building. Under the Human Resources Development Cooperation Program, from S/C/M/155  
 
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  2018 to 2022, nearly a hundred multilateral training courses were held in areas such as digital 
economic cooperation and development, cross -border e -commerce poverty alleviation and 
sustainable development, cross -border logistics management, e -commerce, and e -ports. Those 
training courses had benefi tted over 4,000 professionals from more than 130 countries and regions.  
4.14.  That July, China had successfully organised the first "E -commerce For Development" training 
course in collaboration with the International Trade Centre (ITC). Twenty -six participants f rom 21 
Members attended the training in Beijing, then conducted a visit to Hangzhou, the centre of China's 
digital economy, and Yiwu, China's most famous small commodity export hub. The second edition 
of the training would be held from 30 Oct ober to 10 Nov ember  2023 in Beijing. China would continue 
providing technical assistance and capacity -building to developing and LDC Members through various 
means.  
4.15.  The representative of India thanked the African Group for its submission on that v ery 
important topic . Her  delegation also wished to s hare its experience on the process of digital 
industriali sation, which it consider ed akin to the Fourth Industrial Revolution , the first  three being 
led by the mechani sation, energy,  and the internet. While  the first  three indus trial revolutions were 
characteri sed by rapid integration of specific technologies in the global economy, digitali sation went 
far beyond. Digital industriali sation could  simultaneously address the problems of development, 
create new business models, bring significant operational efficiencies to economies,  and help 
integrate developing countries and global value chains at a rapid scale and pace. That was why the 
topic of digital industriali sation was of great interest to all Members . It could  potentially add ress the 
gaps and the negative distributional effects of trade and hold the possibility of addressing 
development al challenges . 
4.16.  In that broad context, India ha d been working to facilitate and accelerate an economy -wide 
digitisation process. India had already presented that process at  the previous Council meeting  and 
recalled that  "Digital India " was a flagship program  of the Government to transform governance 
delivery, create new public -private partnership models , and foster entrepreneurship. India ha d used 
the concept of digital public infrastructure to make sure that society as a whole gain ed from the 
positive feedback loops digiti sation create d.  
4.17.  Digital indust rialisation was an emerging area where technologies progress ed and mutate d at 
a rapid pace. Hence, it was important to ensure that all participating economies buil t the right digital 
skills, enabling regulatory frameworks which work ed in the specific conte xt of the economy and had 
the flexibility to erect guardrails if the socio -economic objectives of digiti sation were not being met.  
4.18.  That thought was reflected in India's  interventions at the Work Program me where it tried  to 
demonstrate that while the problems, such as  consumer protection, data privacy, and regulatory 
enablement  might be the same, their impact on individual  Members might  be widely different. That 
was also why India's  broad view ha d been that greater intern ational cooperation was needed which 
was not predicated on binding rules that limit ed the flexibilities of Members.  
4.19.  Digital industriali sation would  not work if there was market concentration , which had several 
negative implications for businesses, consume rs, as well as for regulatory authorities. Economies of 
scope requir ed judgments as to how far market power in one  market extend ed into others , and 
economies of scale through huge investments which set high barriers to entry for potential 
competitors were facilitated by digital industriali sation but might  also increase the complexity for 
regulatory authorities. That key consideration should be kept in mind in the conversation , so as not 
to create disciplines and an approach which could  potentially stifle in novation . Developing countries 
needed the policy space to address their issues of digital divide and harness the true power of 
digitisation.  
4.20.  The representative of the Philippines  highlighted a topic that had been discussed in the 
Committee on Specific Commitments , namely  the product that had emanated from work conducted 
by the IMF, OECD, UNCTAD and the  WTO Secretariat on the Handbook for Measuring Digital Trade. 
Members had  called for evidence -based discussion s, and the Philippines emphasised  the importance 
of that product , the need to raise awareness about its utility, the fact that it  provide d a reporting 
template, and also the need for capacity building for Members to really utili se the Handbook and 
derive more data and information related to  digital trade.  S/C/M/155  
 
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  4.21.  The representative of the United Kingdom  recognised the importance of technology and 
innovation to the implementation of the 2030 Agenda and the Sustainable Development Goals and 
the need to use technology effectively to identify and addres s barriers and provide solutions to 
address sustainable development challenges.  
4.22.  The United Kingdom agreed that addressing those challenges would be crucial in supporting 
the work to address the digital divide. As Egypt highlighted in its intervention, and in light of the 
discussion Members had had during that meeting on improving the ways of working in that Council , 
the United Kingdom pointed out t hat Members  had had a constructive and useful exchange on th ose 
issues under the Work Programme on E-commerce o n 21 September. She referred to her 
delegation's statement in that forum to avoid duplication.  
4.23.  The representative of Singapore  supported the reinvigoration of the E -commerce Work 
Program me. Development was an important issue for many Members. Digitali sation and the digital 
economy were capable of unleashing the potential to advance a more inclusive and sustainable 
society. Singapore remain ed committed to working with Members on that issue. For example, 
Singapore ha d organised numerous program mes to share its national experience with developing 
and LDC Members , including the Singapore Cooperation Program me, which had seen the 
participation of over 150,000  government officials from WTO Membe rs, as well as thro ugh its 
bilateral and multilateral initiatives.  
4.24.  The representative of the European Union  noted that the Work Programme was an important 
forum to discuss the opportunities and challenges related to the growth and functioning of digital 
economies and trade , and to explor e ways and exchang e on policy responses aimed to facilitate the 
integration of developing countries, including LDCs, in the digital econom y. The European  Union 
appreciate d the efforts of the E -commerce Work Program me facilitator in bringing fo rward Members'  
discussions on a broad set of topics related to digital trade. That horizontal forum ha d prove n useful  
in reinvigorating the E -commerce Work Program me, as mandated by Ministers . The European Union 
looked forward  to continu ing with the E -commerce Work Program me meetings to deepen Members'  
understanding o f the issues that emerge d as of common interest to developing countries during the 
year or any other issue of Members' interest.  
4.25.  Regarding the communication  by the African  Group , she recalled  that the submission  had 
been addressed  in the E -commerce Work Program me meeting two  weeks prior, and she would thus 
not repeat the intervention by the European Union. She  reiterate d that the European  Union  was 
committed to foster ing innovati on, as well as implement ing the assistance programs that promote d 
and facilitate d specific technology dissemination. However, technology dissemination would be 
impossible without ensuring adequate conditions and protection, including by effective national and 
international Intellectual Property Rights  frameworks, which enable d international transfer of 
technologies.  Successful technology transfer require d also that the recipient be able to apply 
technology in practice, which require d notable infrastructure, capacity and training, openness to 
international trade and investment, access to financing, among other things, as well as predictability 
of regulatory and legal frameworks.  
4.26.  The European Union was open to  advance discussions on that, and other issues based on 
practical examples and best practices of the beneficiary countries on how to build or enhance 
absorption capacities and make use of the existing WTO  framework to facilitate transfer of 
technology to eligible Members . The Europ ean Union was of the view that  the horizontal E -commerce 
Work Program me meetings on specific e-commerce issues were a useful forum to advance discussion 
but remain ed open to consider if there were any specific services issues that could be better tackled 
in the Council . 
4.27.  The representative of the Russian Federation  thank ed the African  Group for its communication 
regarding technology transfer. His delegation acknowledge d the relevance of technology transfers 
for economic development and  that there was a need to determine the goals of transfer of technology 
and their hierarchy. That was  essential because different goals might  imply different set s of 
technologies. The Russian Federation  also recogni sed that e -commerce ha d the potential to support 
such transfer, but specific tools were an issue.  
4.28.  Open-source  code could  be a useful instrument, but there was a need to consider 
the TRIPS  rules, which should be discussed in the relevant WTO  bodies. It seem ed important to S/C/M/155  
 
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  discus s the issue of open-source  code exemptions, including in relation to public policy and security. 
Exploring practices of Members and regional trade agreements could be very useful in that regard 
as a way forward to advancing the discussions.  
4.29.  The representat ive of  the Republic of  Korea  appreciated the African Group's communication. 
Korea had made contributions to the activation and cost savings of e -government systems in 
developing countries and LDCs through the opening of an e -government standard framework 
including source code. That initiative had been voluntary at the Korean Government level and had 
received high praise from the United Nations. However, that was not the general case. Technology 
transfer involved consideration of numerous factors, such as in tellectual property protection and the 
voluntary participation of private enterprises. Negotiations between governments could indeed be a 
challenging and lengthy journey.  
4.30.  Accordingly, technology transfer might  be more practical when approached from the pri vate 
sector rather than direct government -to-government discussions. It seem ed reasonable that 
governments should prioriti se the expansion of education and training programs for the development 
of software expert ise as part of the groundwork for technology  transfer. That could  be made possible 
through the utili sation of support programs from international organizations like the World Bank or 
through capacity -building assistance from advanced countries. Korea h ad been significantly 
increasing its ODA budget to address the digital divide in developing countries and LDCs. With well -
trained talent, digital technology could  be adequately absorbed through various private channels. If 
necessary, governments could  collaborate in that process.  
4.31.  The representative of Switzerland  thank ed the African  Group for its communication on the 
role of transfer of technology in resilience -building, in the context of the Work Program me on E-
commerce. As noted in Switzerland's  intervention in the session of the E -commerce Work 
Program me dedicated to t echnology transfer on 18 September, many factors were key to creat ing 
real incentives for technology transfer to happen. Infrastructure play ed a key role, as well as a 
conducive business environment, sufficient absorption capacity and a reliable, safe, and enforceable 
regulatory framework.  
4.32.  Those  and other factors directly influen ced private sector actors, which were the holders of 
technology, in their decision on how and with which partner to share their technology. There was 
still a lot to be learned on h ow effective technology transfer could  take place and what kind of 
partnerships might  promote it. On the WTO and the role it could  play in the field of e -commerce as 
a rule -setting organization, an objective could be to identify, under the dedicated sessio n of the 
Work Program me, how a safe environment could  be fostered for technology to be leveraged and 
transfer red on a  voluntarily basis. 
4.33.  The representative of Canada  thanked the African Group for its communication. In Canada's 
view, as noted in the Work Pr ogramme on E -commerce session a couple of weeks prior, technology 
transfer was a process that depended on an array of factors, which include d intellectual property, 
services trade, digital trade, TBT, investment, among others. Thus , technology transfer was a 
horizontal issue in trade policy, one that consequently require d a horizontal discussion.  
4.34.  Matters related to technology transfer were under the purview of the Working Group on Trade 
and Transfer of Technology, which Canada  believe d was  best placed to consider proposals from 
Members on the matter, including that one, and to engage in an evidence -based discussion on the 
basis of a shared under standing of the associated concepts and definitions. Canada also  noted that 
the TRIPS Council discusse d matters related to incentives for the transfer of technology under its 
regular discussion on the implementation of Article 66.2 of the TRIPS Agreement. Therefore, in 
Canada's view , those for a were better suited for a discussion of the technology transfer issues raised 
by the African Group.  
4.35.  The Chairperson  suggested that the Council take note of the statements made and said that 
the Council would revert to  that item at its next meeting.  
4.36.  It was so agreed . S/C/M/155  
 
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  5  ITEM E: FIFTH REVIEW OF MFN EXEMPTIONS  
5.1.  The Chairperson  recall ed that the Council  had held a formal meeting dedicated to the fifth 
review of MFN exemptions on 12 June 2023. As stipulated in the relevant GATS  Annex, the Council 
was mandated to "examine whether the conditions which created the need for the exemption still 
prevail" and to "determine the date of any further review".  
5.2.  In preparation for the June dedicated meeting, Members had submitted written ques tions on 
other Members' MFN exemptions. Various delegations had provided replies in advance of the 
dedicated meeting or at the meeting itself, while others had indicated their intention to submit 
written responses after the meeting. The Airgram for that me eting had listed the submissions 
received from Members since the issuance of the Airgram for the June dedicated meeting. The 
Secretariat had also been  asked to compile the questions that had not been answered. That 
compilation was contained in document S/C/W/453 . At the end of the dedicated session, it had been  
agreed that Members could address any pending answers, or pose any follow -up questions, at that 
meeting. She also recall ed that, with regard to the mandate that the Council agree on  the "date of 
any fur ther review", Members had decided in June to defer that decision to 2028.  
5.3.  The representative of Ukraine  commended Members and the Secretariat for the important job 
done concerning the fifth review of MFN exemptions, to which Ukraine had also contributed 
positively. His delegation  had provided information with regard to the MFN exemptions for internal 
waterway passenger and freight transportation, that cover ed measures  governing  access , traffic 
rights and the terms of conduct of economic activities in its territory, including those related to the 
use of the Danube River system. In January 2022, Ukraine  had further liberali sed its inland waterway 
transportation market. Its work towards liberali sation had been  brutally disrupted by  the Russian 
armed aggression.  
5.4.  The Russian military invasion of Ukraine had a direct devastating impact on Ukraine's trade in 
services. Ukraine had sustained significant losses caused by Russia's military actions, particularly in 
the transport services market, including air transportat ion and maritime shipping. Its air 
transportation services had been halted completely for one and a half years causing the sector's 
degradation. Intentional, deliberate, and indiscriminate destruction by the Russian war machine of 
transport routes, bridges , storage facilities and other elements of critical infrastructure, blockage 
and shelling of Ukrainian rivers and seaports amounted to acts of state -sponsored terrorism. The 
Russian armed invasion and daily missile and drone strikes constituted a severe th reat to the civilian 
population and ruined, literally ruined, business activities throughout Ukraine, its service sectors and 
those of neighbouring countries as well. The devastation caused by Russia was currently estimated 
at US$ 411 billion. That include d a whole range of service sectors. Only that year, Ukraine's basic 
recovery needs remained at the level of US$ 15 billion.  
5.5.  He reiterate d that Russia 's invasion of Ukraine undermine d the rules-based multilateral trading 
system, impair ed proper functioning of that Council and the WTO , and hinder ed the  development 
not only of Ukraine but of many other developing and least developed countries  as well . Ukraine  
expressed its  gratitude to its partners for their strong, unwavering, and continuous support and 
called  upon Members to deprive the aggressor state of its tools to commit the crime of aggression 
against Ukraine . 
5.6.  The representative of Australia  underscored his delegation's support for Ukr aine and 
condemn ed Russia's unilateral, illegal, and immoral invasion of Ukraine. Australia  called on Russia 
to immediately withdraw its forces from Ukrainian territory.  
5.7.  With respect to the review of MFN exemptions, Australia thank ed participating Members for 
their engagement. Reviewing MFN  exemptions was an important WTO  mechanism that underpin ned 
open and transparent services  markets  for the benefit of all Members. Austr alia thank ed the 
Members that had provided responses to questions and encourage d all those with outstanding input 
to provide responses as soon as possible. Australia also thanked  the Secretariat for facilitating the 
review  and encouraged the Secretariat  to finalise a summary document compiling the questions 
raised and the responses by the end of th at year. 
5.8.  The representative of Hong Kong, China  reiterated that the MFN principle was the cornerstone 
of the multilateral trading system, and she thanked Members for their engagement in that exercise. S/C/M/155  
 
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  Her delegation urged Members who had yet to respond to the unanswered questions to do so as 
soon as possible in order to make the fifth review a meaningful exercise. Hong Kong, China might 
also follow up with some Mem bers bilaterally on their MFN exemptions as necessary.  
5.9.  Hong Kong, China believed that a regular and ongoing review for the exemptions was crucial 
for Members to critically examine whether the conditions that created such exemptions still existed 
as mandat ed by the GATS. As had been mentioned in the previous meeting, Hong Kong, China 
considered it appropriate for the next review to be held no later than five years from the current 
review and hoped Members could reach consensus on a timeframe to send a posit ive signal of 
Members' commitment to their WTO obligations and the MFN principle.  
5.10.  The representative of the European Union  thanked Ukraine for its statement  and reiterated 
her delegation's resolute condemnation of Russia's war of aggression against Ukraine. Russia's 
actions were a blatant violation of the UN Charter. The European Union fully and unconditionally 
supported Ukraine's independence, sovereignty, a nd territorial integrity within its internationally 
recognised borders. The European Union stood fully in solidarity with Ukraine and would continue to 
provide political, economic, military, financial and humanitarian support to Ukraine and its people 
for as long as it took.  
5.11.  On the MFN review, she  appreciate d the organi sation of the review that was undertaken in 
clearly planned steps in the course of 2023, starting with the submission of questions by Members 
and proceeding with a dedicated meeting that allo wed Members to provide responses.  Her delegation 
took note of the new questions that had been submitted by India on the previous day, which it would 
look into. She noted that her delegation had already provided replies, in the dedicated meeting and 
subsequ ently also in writing, to the questions that arrived during the established period for 
submission in the context of the MFN Review.  
5.12.  The representative of Mexico  replied to the general question from Hong Kong, China that had 
been posed to all Members with M FN exemptions. Mexico had two  exemptions with respect to 
Article  II. The first was related to tax deductions for individuals of the United  States that were 
attending business conventions in Mexico. The second was related to the supply of road transport 
services by foreign suppliers into and across the territory of Mexico which was limited to vehicles 
registered in the United  States.  
5.13.  Despite the existence of the MFN exemptions  mentioned, Mexico did not maintain a measure 
that implement ed them. Hence,  it was possible  that the conditions that made it necessary to list 
those  exemptions  did not persist and therefore there was currently no incompatible measure. In the 
event that Mexico confirm ed that the conditions that motivated the need for the exemptions  no 
longer exist ed, the procedure to withdraw th ose exemptions  would  be initiated , informing the Council 
in a timely manner.  
5.14.  The representative of the Republic of Korea  echoed previous delegations  on the situation in 
Ukraine. Korea condemn ed the  unlawful Russian aggression and reaffirm ed its consistent position 
that the sovereignty, territorial integrity , and independence of Ukraine should be respected. Korea, 
as a responsible member of the interna tional community, support ed various diplomatic and economic 
efforts of  the international community to contribute to the end of the war and the restoration of 
peace.  
5.15.  Turning to the review of MFN exemptions, he thank ed all delegations that had provided timel y 
written responses to Korea 's questions since the dedicated  meeting  in June , which were carefully 
reviewed by C apital -based  colleagues. His delegation  believe d that the responses had been helpful 
in deepening Korea's  understanding of the background and ne cessity of the exemptions. The entire 
process of interaction testing the validity of such exemptions was also in line with WTO reform. The 
Republic of Korea  encourage d Members to keep the momentum and good practice of strengthening 
the deliberative functio n of the Council . 
5.16.  That being said, Korea was still waiting for answers to 33 questions from 20 Members. While 
Korea  value d the review process, the efficiency of the deliberation was equally important for all 
delegation s, thus allowing them to work on other  important agenda items. In that regard, Korea 
looked forward to hearing from those Members at the earliest possible date, and to closing that 
agenda item at the forthcoming Council meeting in December at the latest. His delegation was happy S/C/M/155  
 
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  to work together and remain ed at Member's  disposal if further clarification was needed on what  had 
been asked.  
5.17.  The representative of the United Kingdom  thanked Ukraine for its statement. The United 
Kingdom continued to stand by and supported the people of Ukraine.  As illustrated by the delegation 
of Ukraine, Russia's unprovoked, premeditated, and barbaric attack on Ukraine had severe 
consequences on Ukraine's ability to participate in services trade. That was all to the detriment of 
Ukraine and the rest of the worl d. The United Kingdom and its international partners stood united in 
condemning Russia's reprehensible actions, which were an egregious violation of international law 
and the UN Charter. The United Kingdom would  continue to work with its allies and partner s across 
the multilateral system to condemn Russia 's appalling actions and to take the action necessary to 
isolate it on the international stage.  
5.18.  Turning to the MFN review, she recognised the importance of the review and thanked the 
Secretariat for its sup port and Members for their engagement. The United Kingdom  had proactively 
participated in the review process, providing answers in writing ahead of the dedicated meeting in 
June. Her delegation took note of the questions recently circulated by India  and wo uld review and 
revert in due course.  
5.19.  The representative of New Zealand  welcomed the Ukrainian delegation's comments and 
engagement in the Council, in spite of the challenges that Russia's continued invasion presented for 
Ukraine's government, people and ab ility to engage in services trade. New Zealand regretted the 
impacts that the war had had and continued to have on Ukrainian services exporters' ability to reach 
global markets. New Zealand continued to stand with Ukraine in the face of Russia's illegal 
aggression and called for the immediate restoration of Ukraine's territorial integrity.  
5.20.  Regarding the MFN review, his delegation thanked all Members for their engagement, and 
particularly the delegation of the Republic of Korea for the questions it had posed  and India for its 
questions that had been received the previous day. New Zealand continued to consult on answers 
to both delegations and would provide its written responses as soon as practicable. New Zealand 
encouraged all other Members to reaffirm their  commitment to the review process, which 
underpinned an essential principle of the Organisation.  
5.21.  The representative of Switzerland  noted the earlier statement by Ukraine under that item. 
Switzerland condemn ed the Russian military aggression on Ukraine in t he strongest possible terms. 
The annexation of Ukrainian territories by the Russian Federation violate d the territorial integrity 
and national sovereignty of Ukraine. By proceeding to that annexation, the Russian Federation was 
violating international law. Switzerland did not recognise the integration of Ukrainian territories into 
the Russian Federation.  
5.22.  Turning to the point under discussion, Switzerland thanked Members for their participation in 
the review of MFN exemptions, in cluding those that had posed questions to Switzerland. She thanked  
those Members that had  responded to Switzerland's  questions, including India, Mauritius, Peru, the 
European Union,  and Canada . Her delegation  remain ed available for delegations having not y et had 
an opportunity to answer Switzerland 's questions.  Switzerland 's answers were contained in the  
meeting report in document S/C/M/153 . Switzerland took  note of India's communication from 
2 October 2023 ( S/C/W/455 ) and would  revert to it at the forthcoming  meeting  in December . 
Regarding  the next review, Switzerland  recall ed that the MFN reviews were a core mandate of the 
Council and Switzerland would favour scheduling a review in line with the frequency of past reviews . 
5.23.  The representative of the United States  continue d to stand with and support ed Ukraine. His 
delegation condemn ed Russia's premeditated and unprovoked attack on Ukraine and call ed upon 
Russia to immediately cease its use of force against Ukraine and  refrain from any further unlawful 
threat or use of force against any  UN member state. The United States  remain ed united with its 
allies and partners in their commitment to ensure the Russian Government paid a severe economic 
and diplomatic price for its further invasion of Ukraine.  
5.24.  Regarding the MFN review, the United States  welcomed the opportunity to answer Member s' 
questions during the dedicated meeting  in June and thank ed the Secretariat for its support during 
that exercise. He noted that his delegation had received an additional question very recently. That 
question  had come  quite late and after the United States had  run its domestic process on the S/C/M/155  
 
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  questions received during the original agreed timeframe.  Nonetheless, the question  had been sent 
back to Capital.  
5.25.  The representative of Japan  echoed other  Members  in strongly condemning Russia's 
aggression against Ukraine  and strongly  urged Russia once again to stop the aggression and 
withdraw its forces from t he territory of Ukraine within its internationally recogni sed border s 
immediately.  
5.26.  Regarding  the MFN review , Japan  appreciate d the work by the Secretariat to compile 
questions and answers from Members  and express ed its  deep gratitude to those Members who had 
provided answers to the questions . Japan called  on those Members who had not done so to give 
response s as soon as possible to close that item by the end of that year. Japan hoped that review 
would lead Members to reconsider the actual necessity of the exemptions they maintain ed and 
eventually abandon the ones which were no longer justifiable.  
5.27.  The representative of the Russian Federation  reconfirmed his delegation's position that the 
WTO was not a platform to raise political issues, which were beyond  the mandate of the Organization 
and the agenda of the Council. The WTO should focus on issues dedicated exclusively to world trade. 
The Russian Federation pointed out that certain Members made  every effort to promote a political 
agenda in the Council  and misuse d the given forum. Endless repetition of such statements distract ed 
Members  from their joint work on mandated issues and undermine d the normal work of the regular 
bodies.  
5.28.  The Russian Federation was convinced that the Ukrainian crisis should be discus sed in other 
proper international organizations and diplomatic agencies such as the UN Security Council . Since 
certain Members had insisted on repeating unfounded allegations with regard to Russia, his 
delegation was  forced to reply. Regarding  the attacks on infrastructure, the Russian Federation  noted 
that they had been  targeted exclusively at military resources and capabilities or at the means of 
attack hidden under their cover.  
5.29.  Taking into account that Russia was the largest exporter of wheat and fertili sers in the world, 
it must  be acknowledged that it was Ukraine and its sponsors that posed a threat to international 
trade when attacking Russian commercial vessels and infrastructure and imposing coercive 
sanctions. The Russian Federation saw that sanctio ns were considered as a challenge and 
impediment to international trade and growth  by international experts . That was acknowledged in 
the latest WTO World Trade Report, in the Global Sanctions Database, during the implementation of 
the Work Program me on Fo od Security, and in the WTO Report on G20 trade measures.  
5.30.  The entire territory of the Russian Federation had been declared a risk zone, which drove up 
insurance rates to unaffordable levels and made them virtually prohibitive. Foreign ports had been 
closed  to Russian ships and cargoes. Foreign bank accounts of Russian companies had been frozen. 
The part of funds that was unblocked simply moved out as means to repay loans. Saying that such 
actions were to protect their essential security interests , in fact some Members just appear ed to 
solve their geopolitical tasks and impose their will at the expense of other Member s.  
5.31.  The Russian Federation believed that sanctions were an extreme measure applied excl usively 
with an approval of the UN Security Council and under no circumstances should sanctions be allowed 
to turn into a mechanism of collective punishment that negatively affected the population of certain 
countries. The Russian Federation hoped that cer tain Members would  abandon their attempts to 
unilaterally impose their will on others.  
5.32.  The representative of Canada  thanked Ukraine for its statement under that item and relating 
to the circumstances affecting its participation in the multilateral trading system. Canada continued 
to unequivocally condemn Russia's illegal, unprovoked, and unjustifiable invasion of Ukraine, a 
blatant violation of international law and the rules -based multilateral trading  system. Canada's 
support for Ukraine and its people was  unwavering, and it would work to find ways to use trade to 
support Ukraine rebuild its economy and its society.  
5.33.  Turning to the MFN review, Canada continued to support that important review, and thanked 
all Members for their engagement and participation to  date. She also thanked Members for the 
responses received to date on the questions on the MFN review and encouraged further timely S/C/M/155  
 
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  responses. Her delegation had taken note of the new questions received only on the previous day, 
including those specific ally for Canada, on which it would consult internally.  
5.34.  The representative of India commended the work of the Secretariat and Members on 
the MFN review process, in which India had also contributed by providing responses to the questions 
which had been  raised. The MFN review process ha d prompted more thoughts, and in that regard, 
India had  submitted some follow -up questions, which it had submitted in document  S/C/W/455 . Her 
delegation looked forward to receiving responses to th ose questions in due course.  India had also  
submitted its written responses in document  S/C/W/454 . 
5.35.  The representative of China  thanked Members for asking their questions and for answering 
the questions  raised in the review. His delegation  support ed the review o f MFN exemptions and the 
necessity of existing exemption measures. China ha d a very limited number of  MFN exemption 
measures. Th ose measures, which still need ed to be retained , were based on objective and 
reasonable regulatory requirements in accordance with its bilateral and regi onal arrangements.  
5.36.  The Chairperson  noted that, following several statements  by delegations  indicating  that they 
would  consult internally with a view to providing  further responses at the next meeting of the Council , 
it would not be possible to close the review at that meeting , unless Members consider ed otherwise. 
She therefore suggested that the Council revert to that item at its next meeting in December.  
5.37.  It was so agreed . 
6  ITEM F: UPDATE OF THE SECRETARIAT BACKGROUND NOTE ON MODE 4 – REQUESTED 
BY INDIA  
6.1.  The Chairperson  indicated that the item had been added to the agenda of the Council at the 
request of the delegation of India.  
6.2.  The representative of India reiterated her delegation's  request for an update of the Secretariat 
Background Note on Mode 4.  In parag raph 10 of the MC12 Outcome Document, Ministers had 
acknowledged "the need to facilitate the increasing participation of developing Members, including 
LDCs, in global services trade, including by paying particular attention to sectors and modes of 
supply o f export interest to them". Therefore, updating the Secretariat's Background Note on Mode 
4, a mode that was relevant for developing and LDC Members' services export interests, had gained 
further justification in light of the guidance provided by Ministers  at MC12.  
6.3.  Specifically for mode 4, India had identified some of the possible areas that could be updated 
in the 2009 Note, which it had presented in previous Council meetings. While she welcomed the 
proposal by the United States on the issue of intermodal linkages, that should not substitute her 
delegation's request to update the separate modal Background Notes. India was of the view that 
having an intermodal linkage Note made no sense without first updating the modal Notes.  
6.4.  The representative of the United  States  confirmed that his delegation's position did not change 
and reiterated that there was little utility in having the Secretariat update its 2009 Note. However, 
the United States continued to  suggest a possible new paper to examine intermodal linkages . 
6.5.  The representative of Bangladesh  supported India's request for an updated Secretariat Note 
on Mode 4 (S/C/W/301 ) to better understand the current situation and commitments by Members 
on that issue. That request had been pending for a long time in the Council . That was just a request 
for a factual report, and it was unreasonable to stop the Secretariat from updating its previous 
report.  
6.6.  Bangladesh had pointed out several times that in paragraph 10 of the MC12 Outcome 
Document, Ministers had acknowledged the ne ed to facilitate the increasing participation of 
developing Members, including LDCs, in global services trade and paying particular attention to 
sectors and modes which were of export interest to them. Mode 4 was a special interest to the LDCs , 
including t o Bangladesh . 
6.7.  Bangladesh also supported the suggestion by the United States on the preparation of a separate 
Note by the Secretariat on the interlinkages between the modes of supply. Bangladesh welcomed S/C/M/155  
 
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  any future discussion among Members on that issue and  registered its interest to be a part of that 
conversation.  
6.8.  The Chairperson  thanked Members for the exchange and suggested that the Council take note 
of the statements made.  
6.9.  It was so agreed . 
7  ITEM G: CYBERSECURITY MEASURES OF CHINA AND VIET NAM – REQUESTED  BY JAPAN 
AND THE UNITED STATES  
7.1.  The Chairperson  indicated that the item had been added to the agenda of the Council at the 
request of the delegations of Japan and the United States.  
7.2.  The representative of Japan  recalled that at previous Council meetings, his delegation had 
repeatedly expressed its concerns about China's Cybersecurity Law, Data Security Law, Personal 
Data Protection Law, and their relevant regulations. Japan would not repeat the details at that 
meeting; however, it had to  be pointed out that the scope of the regulations on cross -border 
transfers of data and the specific procedures for cross -border transfers were very unclear as 
stipulated  in those laws and regulations. Furthermore, foreign operato rs conducting business in 
China faced excessive costs when transferring data across borders due to ambiguity in the wording 
and regulations that left room for arbitrary operations. Japan pointed out that the National Treatment 
obligation under Article XVII  of the GATS might be breached in such cases.  
7.3.  Previous explanations provided by China had not addressed Members' concerns that those laws 
and regulations were intended to restrict cross -border transfers of data and international trade. If 
those laws and re gulations were intended to encourage cross -border transfers of data and their use, 
Japan would appreciate a clear explanation with specific grounds as to how.  
7.4.  Japan noted the Chinese Government's attitude to listening to the opinions of both domestic 
and f oreign stakeholders through public consultations. However, his delegation had significant 
concerns as the reality was that the relevant laws and regulations were being developed without any 
special allowances or improvements to address the concerns of Memb ers, including Japan, and it 
could not help but question whether China was truly willing to ensure that the measures did not 
discriminate against foreign nationals.  
7.5.  In any case, when formulating relevant measures, Japan expected China to ensure that the 
measures were not discriminatory in form or substance against foreign operators, including those 
from Japan, and that they were consistent with the GATS.  
7.6.  With regard to Viet Nam, Decree No. 53 implementing the Cybersecurity Law, which had come 
into force in October 2022, impos ing obligations on domestic and foreign businesses to store data 
domestically and on foreign businesses to set up branches or representative offices in Viet Nam. 
Depending on how the Decree was implemented, foreign businesses might effec tively be treated in 
an unfavourable manner, thus violating the National Treatment obligation under Article XVII of the 
GATS. Japan requested that that be corrected and that the relevant provisions of the Decree be 
rectified.  
7.7.  The draft Decree on Regulation s on Penalties for Administrative Violations in the Field of 
Cybersecurity, which Japan understood was currently under consideration, could result in a 
significant impediment to the cross -border transfer of data, as the conditions under which sanctions 
were imposed were unclear and required companies to take practically difficult measures.  
7.8.  The Government of Japan noted the Vietnamese Government's attitude to taking into account 
the views of various stakeholders from the perspective of ensuring transparency of procedures. 
However, Japan requested that regulations on data distribution ensured that they did not 
discriminate against foreign operators, including those from Japan, in terms of form or substance, 
and that they were consistent with the GATS.  
7.9.  The representative of the  United States  recalled  that his delegation had raised concerns in the 
Council that various Chinese measures, including China's Cybersecurity Law, Data Security Law, and S/C/M/155  
 
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  Personal Information Protection Law, and implementing measures for th ose Laws restricted cross -
border data flows and required localisation of data. Unfortunately, despite concerns raised by 
Members, China continued to implement those measures in a manner that put constraints on the 
ways in which international companies oper ated around the world.  
7.10.  Regarding the transfer of personal information, the United States recognised that 
Governments had a legitimate interest in ensuring the protection of that information.  However, 
comparable privacy laws implemented in other jurisdictio ns generally included various mechanisms 
for transferring that type of data across borders in a safe and secure manner.  China's maintenance 
of a security assessment for transfers of personal information simply because they were cross -border 
unfairly disadv antaged foreign suppliers and did not enhance protection for personal information.  
7.11.  In theory, under China 's Personal Information Protection Law and its "Measures for Security 
Assessment of Export of Data ", personal information handlers or companies  located in China could  
negotiate standard contracts with overseas data recipients as an alternative to undergoing a Chinese 
Government security assessment of a proposed export of personal information. In that regard, 
China 's "Measures on Standard Contracts for Export of Personal Information " had entered into force  
on 1 June 2023 . However, there were significant shortcomings with the approach set forth under 
those measures, including as they flow ed from the Person al Information Protection Law itself, 
including extremely low data transfer thresholds to even qualify to negotiate a standard contract. 
The standard contract also ha d other elements that call ed into question its utility in practice.  
7.12.  The framework of laws and implementing measures that China ha d developed for cross -border 
data flows continue d to raise great concerns for many stakeholders . The United States  urged China 
to revise its regime to take account of th ose concerns.  
7.13.  Finally, particularly in light of Members' earlier conversation on WTO reform and relating to 
the specific trade concerns, he acknowledged China's intersessional engagement with his delegation  
on that issue. He appreciated the Chinese delegation sharing relevant developments and hoped that 
through that constructive engagement progress would be made.  
7.14.  Viet Nam's 2018 Law on Cybersecurity and Decree No. 53 continue d to generate significant 
concern s among a wide range of foreign and domestic service suppliers.  As had previously been 
mentioned, the Decree contain ed ambiguity regarding which companies would be subject to its 
requirements, and the impact on foreign enterprises operating in Viet  Nam wit h local partners or 
through subsidiaries of foreign companies.  
7.15.  Viet Nam's final Personal Data Protection Decree (PDPD), which had been  implemented on 1 
July 2023, included notification requirements to the Ministry of Public Security of cross -border 
transfe rs of personal data. It was unclear whether that requirement applied to all international data 
transfers. His delegation remained concerned that there was  very little transition time for impacted 
companies before the rules entered into effect. The United S tates noted that the PDPD was the first 
comprehensive data protection law in Viet Nam and would require significant time for companies to 
take stock of their operations and ensure they were able to comply.  His delegation  noted that there 
was a two -year tra nsition period for small - and medium -sized companies  and encourage d Viet Nam 
to extend the two -year transition period to all companies.  
7.16.  The United States understood that Viet Nam had also issued a revised draft of the 
Cybersecurity Administrative Sanctions  Decree which might  be intended to enforce Decree No. 53 
and the new PDPD.  The United States would appreciate any update on th ose measures from Viet  
Nam and how the new PDPD and the anticipated Cybersecurity Administrative Sanctions Decree 
would or would n ot apply to Decree  No. 53. 
7.17.  The representative of Australia  noted that his delegation continued to have concerns regarding 
China 's and Viet  Nam's cybersecurity measures, as reflected in its previous statements at that 
Council . Australia noted the recent communication from the delegation of China on its draft 
Provisions on Regulating and Promoting Cross -Border Flow of Data. Australia would consider that 
communication and welcomed the opportunity to engage on that proposal after  due consideration.   
7.18.  The representative of the European Union  reiterated her delegation's concerns regarding the 
cybersecurity measures in China and their implementation. China's cybersecurity framework S/C/M/155  
 
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  include d requirements and special obligations that co ncern ed critical information infrastructure 
protection as well as data locali sation and cross -border data transfer , security assessment, a 
classified cybersecurity protection scheme , a comprehensive certification and testing scheme for 
critical network equ ipment and speciali sed network security products . 
7.19.  China's interpretation of what could encompass security concerns appeared to go beyond the 
WTO's definitions and practices. Under China's rules, "industrial data", "important data", and "crucial 
data" might  all be subject to localisation requirements. The resulting requirements therefore posed 
a significant burden on foreign companies. The European Union welcomed initiatives by China which 
allowed for specific types of personal data. At the same time, it rem ained concerned that the concept 
of "important data" as employed in existing and upcoming rules left considerable room for discretion 
by sectoral, regional, and local authorities.  
7.20.  Her delegation welcomed the opportunity for EU experts and stakeholders to p rovide 
comments on draft measures. The European Union encouraged China to define its cybersecurity 
measures as narrowly as possible and to ensure that they did not constitute a market barrier.  
7.21.  As regards the Vietnamese cybersecurity measures, the European Union  remained concerned 
by Decree  No. 53 adopted in August 2022 and entering  into force on 1 October 2022 . Article 26 of 
the Decree provided for data localisation as well as local presence requirements through the 
establishment of branches and representat ive offices of foreign businesses, subject to certain 
requirements.  
7.22.  The European Union firmly believed that trade should not be restricted by applying data 
localisation and local presence requirements. Data localisation requirements imposed significant 
costs on businesses involved in cross -border trade. The European Union expected the Law to be 
implemented in a manner that did not restrict trade and was in line with Viet  Nam's GATS 
commitments.  
7.23.  The representative of Canada  expressed her delegation's concern s that the implementation 
of Viet Nam's Cybersecurity Law's rules requiring foreign companies to store user data in Viet Nam 
would impose a significant burden on companies. Those rules could be financially prohibitive, 
particularly for small - and medium -sized enterprises, and act as a barrier to trade. Canada continued 
to urge Viet Nam to implement its laws and regulations applicable to the transfer and storage or 
processing of data in a manner that was consistent with Viet Nam's trade commitments.  
7.24.  The representative of China  thanked Members who had taken the floor for their continued 
interest in China's regulatory measures related to cybersecurity. China's legislation on cybersecurity, 
such as the Cybersecurity Law, the Data Security Law, and the Pe rsonal Information Protection Law, 
were based on national conditions and had taken into account various international practices as well 
as suggestions from the business community. Those legislations were not intended to hinder cross -
border data flows, nor to restrict international trade, but to support and encourage the lawful, 
orderly, and free flow and application of data.  
7.25.  Recently, China had released the draft Provisions on Regulating and Promoting Cross -Border 
Flow of Data for comments. Those draft pro visions were aimed at regulating and promoting the flow 
of data. The new draft clarified that the vast bulk of business and personal activity involving 
transferring Chinese data abroad did not need to file for a security assessment by the regulatory 
body. China believed that the new regulation would give more certainty to business es regarding 
cross-border data transfer and would help them better manage data -related operations. The 
deadline for public comments of that regulation was 15 October.  
7.26.  China welcome d comments and suggestions on that draft from other Members, either through 
their delegations in Geneva or their embassies in Beijing, with a view to continuing to improv e the 
transparency and predictability of China's data regulatory system and the busine ss environment at 
large. China was firmly committed to the further opening -up and liberalisation of China's services 
sectors and digital industry. China was willing to work closely with other Members to promote the 
healthy development of the global digital  economy.  
7.27.  The representative of Viet Nam thanked Japan, the United States, the European Union, and 
Canada for their continued interest in the implementation of Viet Nam's Law on Cybersecurity, S/C/M/155  
 
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  including Decree No. 53 and Decree No. 13 on Personal Data Prot ection. He referred to his 
delegation's statements at previous Council meetings  as well as TBT meetings concerning those 
subject matters.  
7.28.  In reply to the comment by the United States that Decree No. 53 contained ambiguity 
regarding which companies would be  subject to its requirements, he wished to share the extensive 
clarification Viet Nam had made at the TBT meeting in June. According to the Enterprise Law 2020 
of Viet Nam, a domestic enterprise was an enterprise established or registered for establishment  in 
accordance with Vietnamese laws and regulations and had its headquarters in Viet Nam, which 
needed to store data when Decree  No. 53 took effect. Domestic enterprises also had to have  the 
responsibility to coordinate with regulatory agencies in preventi ng, investigating, and handling acts 
of violating the Law on Cybersecurity like foreign enterprises. The subsidiaries established by foreign 
companies had to store data and establish branches or representative offices in Viet Nam only if the 
services provi ded by the companies were used to commit acts that violate d the Law on Cybersecurity 
and had been reported by the Department of Cybersecurity and Counter High -Tech Crime of the 
Ministry of Public Security of Viet Nam and requested in writing to coordinate,  prevent, investigate 
and deal with, but fail to comply or fully comply, or prevent, hinder, disable or override cybersecurity 
protection measures taken by speciali sed cybersecurity forces.   
7.29.  Viet Nam hoped that the United States found that clarification satisfactory.  In addition, 
Viet Nam reiterated that the Law on Cybersecurity and Decree No. 53 did not impede the flow of 
data or impose an additional burden if enterprises complied with the Law and Decree. They were 
also in full compliance with Viet Nam's  GATS commitments.  
7.30.  Regarding Decree  No. 13 on Personal Data Protection, Viet Nam took note of the request for 
further transition period s and would  convey  that to Capital.  In the meantime, Viet Nam was  happy 
to provide any further clarifications to Members at  any bilateral consultation opportunities  if they so 
wished . 
7.31.  The Chairperson  suggested that the Council take note of the statements made.  
7.32.  It was so agreed . 
8  ITEM H: 5G-RELATED MEASURES OF AUSTRALIA – REQUESTED BY CHINA  
8.1.  The Chairperson  indicated that the item had been added to the agenda of the Council at the 
request of the delegation of China.  
8.2.  Before turning to the specific issue, t he representative of China  shared a famous sentence by 
Martin Luther King: "You can't reach good ends thr ough evil means, because the means represent 
the seed,  and the end represent s the tree."  
8.3.  He recalled that his delegation had raised concerns several times at previous meetings 
regarding Australia's 5G -related restrictive measures. Those measures  severely r estricted Chinese 
services suppliers' usual business operations in Australia and were inconsistent with WTO rules, 
particularly the MFN and transparency principles of the GATS as well as Australia's GATS 
commitments . China urged Australia to rectify the di scriminatory practices as soon as possible and 
live up to its WTO obligations and to create a fair, just, and predictable business environment for all 
enterprises operating in Australia.  
8.4.  The representative of Australia  noted China's statement and the quote  from Martin Luther King. 
He indicated that China had first raised that issue elsewhere in the WTO in 2018. Since that time, 
Australia had engaged constructively and in good faith with China to explain the rationale for its 
position. Australia also noted t hat other Members had made similar decisions on equipment for 
national 5G networks in their national interest. Australia reiterated that its position on 5G networks 
was country -agnostic, transparent, risk -based, non -discriminatory, and fully WTO consistent . 
8.5.  The Chairperson  suggested that the Council take note of the statements made.  
8.6.  It was so agreed . S/C/M/155  
 
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  9  ITEM I: MEASURES OF THE UNITED STATES RESTRICTING TRADE IN SERVICES – 
REQUESTED BY CHINA  
9.1.  The Chairperson  indicated that the item had been added to the agenda o f the Council at the 
request of the delegation of China.  
9.2.  The representative of China  noted that the following statement was on top of its statement s in 
previous Council  meetings.  On 9 August, the United States had issued an Executive Order that 
prohibit ed US entities and individuals from making direct investments or technology investments in 
Chinese enterprises , including those in Hong Kong , China and Macau , China , involved in the fields 
of semiconductors, quantum computing, and artificial intell igence, citing national security concerns.  
The United States  was using "national security" as a pretext to restrict American enterprises' 
investments in China, which violate d the principles of market economy and fair competition.  
9.3.  Those measures had signif icant impacts on business decision -making, disrupt ed the normal 
market order, and destabili sed the global supply chain. Th ose discriminatory  measures severely 
affect ed Chinese enterprises ' ability to provide services to US consumers. The measures violate d the 
MFN principles of  the GATS, and also GATS Article VI:1, which mandate d "reasonable, objective, and 
impartial" treatment. China expresse d strong concern s and urge d the United States  to immediately 
correct its wrongful measures, stop politici sing, instru mentali sing, and weaponi zing trade issues.  
9.4.  The representative of the United States  recalled  that, as stated in previous meetings of the 
Council, the actions cited by China had been taken to protect the national security of the 
United  States.  With respect t o the new measures raised, he would  convey China's views back to 
Capital.  
9.5.  He also note d that, in the context of  WTO reform and the discussion relating to  specific trade 
concerns, the agenda item was quite vague and broad.  He suggested a more specific  agenda item 
or more information  be provided  to help prepare more effectively on  that or any other item s Member s 
wished to raise. 
9.6.  The Chairperson  suggested that the Council take note of the statements made.  
9.7.  It was so agreed . 
10  ITEM J: MEASURES OF IND IA RESTRICTING TRADE IN SERVICES – REQUESTED BY 
CHINA  
10.1.  The Chairperson  indicated that the item had been added to the agenda of the Council at the 
request of the delegation of China.  
10.2.  The representative of China  recalled that his delegation had raised strong concerns at previous 
meetings regarding India's restrictive measures against a large number of Chinese applications, but 
the restrictions were still in place. Those measures had seriously disrupted Chinese enterprises' 
business activities, undermined their  legitimate interests , and violated the basic principles of the 
WTO as well as India's GATS commitments. China urged India to stop its discriminatory measures  
and to create an open, fair and non -discriminatory business environment for services suppliers fr om 
all Members.  
10.3.  The representative of India said that, as underscored at previous Council meetings, India was 
committed to upholding its obligations at the WTO. India valued, and was committed to protecting, 
the democratic rights of its citizens, including  access to goods and services, while reserving the right 
to take measures to ensure the protection of privacy, data security and national security. India firmly 
believed that the measures raised under that agenda item were fully consistent with its GATS 
commitments.  
10.4.  The representative of China  said that his delegation was open to consideration of further 
consultation s with relevant Members . For example, India mentioned that the objective of the 
measures was to protect  data security. If there was  evidence that Chinese compan ies operating  in 
India were overriding  measures, laws, or regulations, China would be happy  to have further 
engagement with India to resolve that issue. China believed that the comprehensive all -scale S/C/M/155  
 
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  prohibit ion of  Chinese com panies ' operation s in a certain territory  was de finitely not a regular 
measure, and it was not right . 
10.5.  The Chairperson  suggested that the Council take note of the statements made.  
10.6.  It was so agreed . 
11  ITEM K: OTHER BUSINESS  
11.1.  Changtian  from China, who was leavi ng Geneva, was bid farewell.  
11.2.  The meeting  was adjourned . 
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