G/MA/W/179  
1 August  2022 
(22-5775) Page: 1/5 
Committee on Market Access  Original:  English  
 
  
WTO RESPONSE TO THE PANDEMIC: EXPORT RESTRICTIONS AND PROHIBITIONS  
COMMUNICATION FROM CANADA  
The following communication, dated 29 July 2022, is being circulated at the request of the delegation 
of Canada . 
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1  INTRODUCTION  
1.1.  The rules governing the use of export restrictions were drafted in an era when free resort to 
such policies would have most certainly slowed, if not set back, do mestic and international efforts 
to recover from the destructive effects of World War II . Not wanting to repeat the experience from 
the pre -war period, GATT negotiators agreed that such restrictions must be prohibited, hence the 
resulting Article XI:1 prov ision. However, in deference to national sovereignty, those same 
negotiators included a series of carve -outs from the scope of the prohibition, one of which allows 
the imposition of a temporary measure on exports from a Member "to prevent or relieve critic al 
shortages of foodstuffs or other products essential" to that Member - Article XI:2(a).  
1.2.  Given the context of world trade in the late 1940's, it is unlikely that those same negotiators 
could have imagined the level of integration of today's international trade, the rapid advancement 
of technologies and communications to facilitate that trade, nor forecast the formation of the varied 
supply chains that support production in the current global economy.  
1.3.  Moreover, even if restricting exports may make sense in the context of a local crisis, such an 
action may not be appropriate or helpful in the context of a global effort to address a global crisis . 
As observed in a technical note prepared by the GATT Secretariat in the 1970's, "not only do [export 
restrictions]  prevent the scarce product from being sold where it is needed most but they also tend 
to exacerbate the world shortage by reducing, as a result of the lowering of domestic prices, the 
incentive to produce more and to waste less in the country restricting exports" .1 
1.4.  The multilateral system of trade rules has provided a stable and predictable environment for 
the provision of good and services, supporting economic growth and poverty reduction . In the time 
of real or anticipated global crisis, however, undisciplined resort to export restrictions may upset 
that stability and predictability and may cause unintended negative effects on the efforts of other 
Members to also address that crisis . We will have more to say about the particular situation 
concerning COVID -19 in a subsequent paper.  
1.5.  As a first step, Canada wishes to share the information it has found regarding the negotiation 
of GATT Article XI and the examinations of its use by Members that have taken place since this 
provision was first agreed . This communication also provides a summary of the information gathered 
so far at the WTO on the actions taken by Members during the COVID -19 pandemic, as well as the 
statements Members have made regarding the use of export restrictions and pr ohibitions since the 
COVID -19 pandemic began . It is not meant to be exhaustive, and we welcome other delegations 
adding their contributions to the list.  
 
1 GATT and Export Restrictions: Technical Note by the Secretariat – MTN/3B/9 . G/MA/W/179  
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  2  GATT ARTICLE XI - EXPORT RESTRICTIONS AND PROHIBITIONS  
2.1.  The GATT Article XI provisions on export restric tions and prohibitions were originally designed 
to include a right for individual contracting parties to restrict the export of their scarce domestic raw 
materials and commodities.  
2.2.  The initial draft of the carve -out that became GATT Article XI:2(a) reads a s follows:  
"Export prohibitions or restrictions temporarily imposed to relieve conditions of distress 
which are local to the exporting country and which are caused by severe, shortages of 
foodstuffs or other essential products" .2 
It was also emphasized du ring the preparatory discussions in 1947 that indeed the carve out was 
intended to respond to situations when "local supplies of a product are scarce".3 
 
2.3.  Since the GATT came into existence, there have been at least four examinations by Members 
of the Arti cle XI provisions and the use of the measures disciplined by them.  
2.4.  An early effort in 1950 resulted in an agreement on "Standard Practices for the Administration 
of Import and Export Restrictions and Exchange Controls" .4 While non -binding, the intent was to 
improve the administrative practices of Members and reduce unpredictability in the implementation 
of trade controls . Further efforts in the 1950's resulted in some improvements5 to the provisions 
around import  controls in relation to balance  of payments provisions.  
2.5.  Subsequent work in the Framework Group during the Tokyo Round did not result in any 
improvements, despite as noted by one Contracting Party that "the application of the GATT [on 
export restrictions] has…been minimal and ineffective ". That Party also noted that the rules are "less 
complete as compared to import restrictions" and "subject to major exceptions".6 
2.6.  Nevertheless, a draft Understanding was circulated and discussed in mid -1978. The draft 
included an acknowledgement that "th e absence of established guidelines and procedures for taking 
export control actions permitted under GATT provisions has, at times, contributed to instability and 
uncertainty in international trading conditions and could do so in the future" .7 The first v ersion of 
that Understanding listed some new principles and guidelines that had been under discussion in the 
Framework Group, including:  
• Publication and notification – prior notification of such measures, including their specific 
purpose;  
• Consultation - procedures for consultations if a Contracting Party is or may be materially 
affected by the measure ; and 
• Guidelines – should be stipulated as temporary and expiring and terminated whenever 
conditions giving rise to them have moderated sufficiently ; be prepar ed to offer factual 
evidence that the shortages are critical, the product is essential, and that the measure will 
be temporary.  
2.7.  In the end, the Tokyo Round result was an agreement for Contracting Parties to "reassess in 
the near future the GATT provisions relating to export restrictions and charges, in the context of the 
international trade system as a whole, taking into account the development, financial and trade 
needs of developing countries" .8 
 
2 See Article 19.2 (b) of the Suggested Charter for an International Trade Organization of the United 
Nations . 
3 See page 29 in E/PC/T/C.II/PV.4 . 
4 Standard Practices for the Administration of Import and Export Restrictions and Exchange Controls  - 
18 December 1950 . 
5 See L/332/Add.2 . 
6 See MTN/FR/W/2 , pages 19 and 20.  
7 See MTN/INF/20  and MTN/INF/20/Rev.1 . 
8 See MTN/FR/6  and Annex VI of L/4884/Add.1 . G/MA/W/179  
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  2.8.  Further work in the lead -up to and during the Uruguay Round  in the 1980s9 did not result in 
improvements to the rules regarding export restrictions . Indeed, not much has changed regarding 
the rules since that time, save for some additional transparency obligations for agricultural products 
in the Agreement on Agr iculture10 and an updated decision in the Market Access Committee on 
notification procedures for these measures .11 It should be noted that there were discussions during 
the Doha Round to consider strengthening the existing disciplines on export restrictions . The first 
involved imposing time limits and requiring a justification in respect of agricultural products while 
the second sought to improve transparency in respect of export licensing for non -agricultural 
goods.12 
2.9.  More recently, efforts have  been made by some Members to improve transparency in the 
application of export restrictions to agriculture products in the Committee on Agriculture in Special 
Session.13 
3  COVID -19 RELATED NOTIFICATIONS AND WTO SECRETARIAT COMMUNICATIONS  
3.1.  In addition to the Quantitative Restrictions notifications submitted by Members, the 
WTO Secretariat has produced several communications that provide factual information on the 
export -related measures taken during the COVID -19 pandemic . A review of this information 
conta ined therein follows.  
3.2.  The first Information Note14, circulated on 2 3 April 2020, provided background information on 
the WTO rules regarding export restrictions and prohibitions, including the transparency aspects, as 
well as a summary of the current situat ion in terms of information received . The note also provided 
links to additional resources on export restrictions and prohibitions and to legal aspects of interest.  
3.3.  In the Market Access Committee, three discussions have been held on the Secretariat's repor ts 
that summarize the measures notified relating to the COVID -19 pandemic .15 Regarding 
export  restrictions and prohibitions, the Rev.2 report notes that as of 2 5 March  2022, a total of 
98 measures that prohibit or restrict exports as a result of the COVID -19 pandemic have been 
adopted by Members, that they have taken the form of full bans and prohibitions  (36.3 %), 
followed  by export restrictions in the form of non -automatic export licences  (17.6 %) and 
conditional  prohibitions  (14.7 %). It also notes that exp ort restrictions and prohibitions mentioned in 
the context of the Trade Monitoring Exercise, for which it is not possible to specify the exact nature 
of the measure, account for 29.4 % of total measures.  
3.4.  The vast majority of measures prohibiting or restrict ing export were introduced by Members 
between January and April 2020 (67 out of 98 measures) . The report also notes that a large 
proportion of the export restricting measures that have been adopted by Members do not provide 
complete information on their du ration . This includes no indication of the planned duration,  or the 
concerned Member has not submitted a subsequent communication confirming that the measure 
had expired or had been terminated.  
3.5.  The majority of measures prohibited or restricted the exportat ion of the so -called 
Personal  Protective Equipment (PPEs), which includes face and eye protection devices 
(43 measures), protective garments (27  measures) and gloves (23  measures) . Other restricted 
products included pharmaceutical products (27  measures), sanitizers and disinfectants, such as 
alcohol (26  measures), different types of medical supplies (21  measures), medical equipment, 
including mechanical respirators (16  measures) and other products.  
3.6.  For export restrictions and prohibitions that h ave been notified under the QR Decision, almost 
half of the 98 notified QR measures have been justified by Members citing both Article  XI:2(a) and 
Article XX(b) of the G ATT 1994, which relate to export prohibitions or restrictions temporarily applied 
to prevent or relieve critical shortages of foodstuffs or other products essential to the exporting 
 
9 See MTN.GNG/NG2/W/40 . 
10 Article 12 of the Agreement on Agriculture.  
11 G/L/59/Rev.1 . 
12 See paragraphs 171 to 180 of TN/AG/W/4/Rev.4  and TN/MA/W/15/Add.4/Rev.5  respectively.  
13 For example, see JOB/AG/175 . 
14 See Export Prohibiti ons and Restrictions – Information Note . 
15 CMA meetings of April and November 2021 and March 2022, see G/MA/W/168 and its revisions . G/MA/W/179  
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  party, and measures necessary to protect human, plant or animal health, respectively . Members 
cited exclusively Article XI:2(a) of the G ATT 1994 for 16 % of the m easures . Other policy objectives, 
such as the protection of human life or health or the protection of essential security interests without 
the reference to a specific WTO provision, or no justification at all was given for the remaining cases . 
No informati on in this respect is available for the 30 measures taken from the Trade Monitoring 
Exercise.  
3.7.  Finally, a recent information note16 outlining trade -related bottlenecks for critical products to 
combat COVID -19 highlighted that several export restrictions con tinue to impede access to vaccine 
inputs and contribute to uncertainty on delivery timeframes by suppliers . These measures also 
impact the ability of vaccine producers to conduct clinical trials.  
4  MEMBERS SUBMISSIONS  
4.1.  Canada would also like to highlight a nu mber of submissions from Members over the past two 
years that make reference to the topic of export restrictions . It is not an exhaustive list.  
4.2.  In May 2020, the LDC Group noted the dependence of its Members on imports to secure access 
and availability of m edical supplies and basic food products, and observed that several other 
WTO Members had imposed restrictions on trade . They further observed in respect of food products 
that such action could impact import -dependent countries and particularly LDCs' abilit y to purchase 
foods and meet their domestic demand . In that context, LDCs called on Members not to impose 
export prohibitions or restrictions within the meaning of Article XI:1 of the G ATT 1994 with respect 
to essential medical products as identified by th e WHO and WCO, and with respect to basic food 
products, when such products are requested or purchased by LDCs for their domestic use or are 
exported for humanitarian purposes.17 
4.3.  In its communication issued in June 2020, the Ottawa Group Members committed t o lead by 
example by exercising maximum restraint in introducing any trade measures that might serve as an 
unnecessary obstacle or impediment to trade, and to withdraw any trade restrictive measures 
introduced in response to COVID -19 as quickly as possible .18 
4.4.  APEC Ministers of Trade emphasized that Members that adopt export restrictions and 
prohibitions with respect to COVID -19 vaccines and related goods should evaluate their ongoing 
necessity as COVID -19 conditions change, in order to ensure that those measures remain targeted, 
proportional, transparent, temporary, and do not create unnecessary barriers to trade . They also 
called on other WTO Members to exercise equal restraint.19 
4.5.  The proposed Declaration on "Trade Policy Response to the COVID -19 Pandemic and to 
Enhance Resilience Against Future Pandemics"20 outlined a number of actions that the co -sponsor 
supported as a means to help ensure equitable distribution of scarce essential medical goods, 
including COVID -19 vaccines, therapeutics, diagnost ics and related vaccine materials amongst 
WTO Members, in particular the most vulnerable ones.  
4.6.  Finally, a group of Members21 called for a number of steps to be taken regarding export 
restrictions and prohibitions on COVID -19 vaccines and their components, including : (i) the 
immediate or prompt removal of all export restrictions on them and of any obstacles related to their 
supply chain ; (ii) a commitment to prohibit any future export restrictions on them ; and (iii)  a 
commitment to transparency on measures affecting exports them and other associated goods, as 
well appropriate areas in which to discuss them.  
 
16 See Indicative list of Trade -Related Bottlenecks and Trade -Facilitating Measures on Critical Products 
to Combat COVID -19. 
17 See WT/GC/211  – Securing LDCs Emergency Access to Essential Medical Goods and Food Products t o 
Combat the COVID -19 Pandemic.  
18 See WT/GC /217 - June 2020 Statement of the Ottawa Group: Focusing Action on COVID -19. 
19 See WT/GC/232  - APEC Ministers Responsible for Trade Virtual Meeting Joint Statement 2021.  
20 See WT/GC/W/823  - COVID -19 and Beyond: Trade and Health.  
21 See WT/GC/W/826  – Communication by Colombia; Costa Rica; Dominican Republic; Ecuador; 
Panama; and Paraguay on Trade Restrictions that Hamp er Access to COVID -19 Vaccines.  G/MA/W/179  
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  5  NEXT STEPS  
5.1.  Canada welc omes the ongoing discussion in the Committee on Market Access to share 
experiences and take stock of lessons learned throughout this pandemic . The informal exchanges 
continue to provide a strong foundation of knowledge for delegates.  
5.2.  Canada looks forward t o the experience sharing on export restrictions and the discussion of 
why certain types of measures were chosen, what factors determined the non -renewal of such 
measures, and any review of their effectiveness in supporting efforts to combat COVID -19. 
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