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WT/ACC/SPEC/ TLS/5/Rev. 3/Corr.1  
 
9 January 2024 
(24-0189) Page: 1/2 
Working Party on the Accession of Timor -Leste   
 
 
ACCESSION OF TIMOR -LESTE  
DRAFT REPORT OF THE WORKING PARTY  
Corrigendum  
1. Paragraph s 51, 75, 93, 100, 322 and 336  should read as indicated below in bold and 
strikethrough (new text in bold) : 
51. The representative of Timor -Leste confirmed that Timor -Leste would ensure that all 
State -owned, State -invested, and other enterprises with special or exclusive privileges would 
make purchases of goods and services, which were not intended for governmental use, and 
sales in inte rnational trade, based solely on commercial considerations, e.g. price, quality, 
marketability and availability, and that the enterprises of other WTO Members would have an 
adequate opportunity in accordance with customary practice  to compete for such purc hases 
or sales. In addition, Timor -Leste would not influence, directly or indirectly, commercial 
decisions on the part of State -owned, State invested, and other enterprises with special or 
exclusive privileges, including on the quantity, value or country o f origin of any goods 
purchased or sold, except in a manner consistent with the WTO  Agreement. 
The representative of Timor -Leste confirmed that upon accession Timor -Leste would notify 
and provide information on the activities of all State -owned, State -invested, and other 
enterprises with special or exclusive privileges in accordance with Article XVII of the WTO 
General Agreement on Tariffs and Trade 1994 and the Understanding on that Article. 
He further confirmed that Timor -Leste would notify any enterprise  falling within the scope of 
Article XVII. The Working Party took note of these commitments . 
75. The representative of Timor -Leste confirmed that international treaties and agreements 
ratified by the National Parliament, including the WTO Agreement, had pr ecedence over 
domestic laws. If  laws and other measures of Timor -Leste were found to contradict  conflicted 
with international treaties or agreements, the provisions of the international treaty or 
agreement, such as the WTO  Agreement, would apply. All  legislative or regulatory instruments 
necessary for the application of the WTO provisions would be adopted and enact ed upon 
accession, with the exception of those in the areas where Timor -Leste would be granted 
transition periods in accordance with its Protocol of Accession. The Working Party took note of 
these commitments . 
93. The representative of Timor -Leste  confirme d that the current constitution, laws and 
regulations provided the necessary institutional base for the prompt administrative and judicial 
review of the administrative actions. The representative of Timor -Leste  further confirmed that, 
from the date of acce ssion, Timor -Leste 's laws and regulations would provide individuals or 
enterprises affected by any administrative action subject to WTO provisions , the right to 
appeal such action, without penalty, both to a higher administrative authority and to the court s 
or other independent tribunal in conformity with WTO obligations, including those set out in 
Article  X of the WTO  General  Agreement on Tariffs and Trade 1994, Article 23 of the WTO 
Agreement on Subsidies and Countervailing Measures, Article 11 of the WTO  Agreement on 
Implementation of Article  VII of the GATT 1994, Article 62 of the WTO Agreement on 
Trade -Related Aspects of Intellectual Property Rights and Article VI of the WTO General 
Agreement on Trade in Services. Recourse to administrative and judicial  review would also 
include actions relating to the implementation of national treatment, conformity assessment, 
and the regulation, control, supply or promotion of a service, including the grant or denial of WT/ACC/SPEC/ TLS/5/Rev. 3/Corr.1  
 
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a licence to provide a service and other matters . The tribunals or administrative authorities 
responsible for such reviews would be impartial and independent of the agency entrusted with 
administrative enforcement and would not have any substantial interest in the outcome of 
the matter. The review proce dure would include the opportunity for appeal, without penalty, 
by individuals or enterprises affected by any administrative action subject to review. Notice of 
the decision on appeal , and the reasons for that decision, would be given to the appellant 
and the reasons for such a decision would be  provided to the interested parties  in writing. 
The Working Party took note of these commitments . 
100. The representative of Timor -Leste confirmed that from the date of accession, 
Timor -Leste would grant any natural or legal person, regardless of physical presence or 
investment in Timor -Leste, the right to be the importer of record of any product allowed to be 
imported into Timor -Leste, at any level of distribution, and that its laws and regulations 
relating to the ri ght to trade in goods and all fees, charges or taxes levied on such rights would 
conform fully with its WTO obligations, including Articles VIII:1(a), XI:1, and III:2 and 4 of 
the WTO General Agreement on Tariffs and Trade 1994, Article III of the WTO Gene ral 
Agreement on Trade in Services, and Article 63 of the WTO Agreement on Trade -Related 
Aspects of Intellectual Property Rights. He also confirmed that full rights to import and to 
export would be granted in a non -discriminatory and non -discretionary mann er from the date 
of accession, and any requirements for commercial registration or application for trading rights 
would be for customs and fiscal purposes only, would not require investment in Timor -Leste 
nor confer the right to distribute there, and would  not or constitute a barrier to trade. 
The Working Party took note of these commitments.  
322. In response to a request from a Member, the representative of Timor -Leste informed 
that, on 13 June 2022, his Government had joined the WTO Joint  Initiative on Se rvices 
Domestic Regulation, as the first acceding government and an LDC. Timor -Leste would 
become a participant of the Declaration on the Conclusion of Negotiations on  Services 
Domestic Regulation upon accession. The Working Party took note of this commitm ent. 
336. The representative of Timor -Leste confirmed that his Government would observe the 
relevant provisions of the WTO Agreement, including Article XXIV of the WTO General 
Agreement on Tariffs and Trade 1994, the 1979 GATT Decision on Differential and More 
Favourable Treatment, Reciprocity and Fuller Participation of Developing Countries (Enabling 
Clause) and Article V of the WTO General Agreement on Trade and Services , in its trade 
agreements and would ensure that the applicable provis ions of the WTO Agreement for 
notification, consultation, and other requirements concerning free trade areas, customs unions 
and other preferential trade arrangements, of which Timor -Leste  was, or may become, a 
member, were met from the date of accession. The Working Party took note of these 
commitments.  
 
 
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