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S/C/M/154  
 
28 July 2023 
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Council for Trade in Services    
 
  
REPORT OF THE MEETING HELD ON 12 JUNE  2023 
NOTE BY THE SECRETARIAT1 
The Council for Trade in Services held a meeting on 12 June 2023, chaired by Mrs. Dimitrova of 
Bulgaria . The agenda was contained in document WTO/AIR/CTS/3 5. 
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 under stood 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 attention t o the communication received from Switzerland , in document 
S/C/N/ 1134.  
1.2.  The Chairperson  suggested that the Council tak e note of the notification . 
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 : Colombia and Israel 
(S/C/N/1133 ); Chile and Hong  Kong, China ( S/C/N/773/Add.1 ); the Separate Customs Territory of 
Taiwan, Penghu, Kinmen and Matsu ( S/C/N/544/Add.1 ); and the United Kingdom and Iceland 
(S/C/N/1072/Add.3 ). 
1.5.  The representative of India recalled that in the past, her delegation had drawn 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.  
1.6.  Under the discussions on WTO reform, 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 document WT/GC/W/778/Rev.5 , highlighted the need for meet ing the transparency obligations as 
enshrined in the GATS.  
1.7.  Those notifications were essential for Members to understand the full implications of the 
commitments made, including entry -related measures affecting the existing mode 4 commitments 
 
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/154  
 
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  of Members. In dia continued to urge developed Members to lead by example in submitting 
comprehensive, timely and accurate notifications.  
1.8.  The Chairperson  drew the Council's attention to the fact that, at its meeting scheduled for 5 
and 6 July, the CRTA  would consider four regional trade agreements that covered services trade. 
The agreements in question were: (1) the Free Trade Agreement between the ASEAN Member States 
and Hong Kong, China; (2) the Free Trade Agreement between the EFTA States and Türkiye ; (3) the 
CPTPP, entry into force for Peru; (4) the Partnership, Trade and Cooperation Agreement between 
the United Kingdom and North Macedonia; and (5) the Partnership, Trade and Cooperation 
Agreement between the United Kingdom and Serbia.  
1.9.  She suggested t hat the Council take note of the notifications  and the statement  made , and 
that the agreements notified be referred to the Committee on Regional Trade Agreements (CRTA) 
for consideration.  
1.10.   It was so agreed . 
2  ITEM B:  IMPLEMENTATION MATTERS FROM MC12 MANDATES  
2.1.  The Chairperson  recalled that, at the March meeting, the Council had addressed the MC12 
mandates relating to WTO reform and pandemic response  under that agenda item . 
2.2.  Starting with WTO reform, Members had agreed to task the Secretariat with mapping the 
practices of the Council and its most active subsidiary body, in a similar manner to the exercise 
undertaken by the Council for Trade in Goods but taking due account of the scope of work of the 
services bodies.  
2.3.  Accordingly, the Secretariat had prepared a Note  that provided, in matrix format, an overview 
of the current functioning of the Council and the Committee on Specific Commitments  (CSC) , which 
was the Council's most active subsidiary body. The Note was contained in document S/C/W/433 . 
2.4.  A representative of the Secretariat  explained that the Note  present ed, in matrix format , the 
practices of the Council and of the Committee on Specific Commitments, which , at the moment , was 
the Council's most active subsidiary bod y. It was based on the matrix that had been  developed for 
the CTG and its subsidiary bodies, but ha d been adapted and simplified to reflect the specificities of 
the work of the services bodies.  
2.5.  In particular, under the various categories, a number of the options that were separately listed 
in the CTG matrix were not relevant for services. As such, they had been omitte d and only indicated 
in a footnote. One element that stood  out and that differentiate d the services and goods matrices 
was the high element of uniformity between the practice s of the Council  and those of the CSC, and, 
in fact, of all the other active subsi diary bodies of the Council.  
2.6.  The representative of the United Kingdom  welcome d the discussion s in the meeting on 
improving the ways Members  conduct ed WTO business . He thanked the Chairperson and the 
Secretariat for the work that had been  carried out in dev eloping that matrix. It was an incredibly 
helpful and important tool to help th e discussions at the meeting . 
2.7.  The United Kingdom  had been actively engaged in th ose discussions, and together with more 
than 20 co -sponsors, presented a document at the recent G eneral Council (WT/GC/W/877 ) on 
improving the operation of WTO bodies to revitalise the WTO's monitoring and deliberative function. 
The document brought together several  proposals contained in different papers by Members and  
was a kind of umbrella paper complementing and supporting the discussions in councils and 
committees.  
2.8.  The United Kingdom was also  contributing to discussions taking place in the CTG and its 
subsidiaries , in TPRB, in the Committee on Trade and Environment, and other places , and was keen 
to continue working with Member s and to call on the whole Membership to continue prioritising that 
reform -by-doing process.  The United Kingdom believed that at that meeting Members should focus  
on pragmatic ideas  that could be  put into practice and that have a real impact on how all Mem bers 
participate d in the work of the Council.  S/C/M/154  
 
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  2.9.  The representative of Canada  thank ed the Secretariat for its work on the services matrix, which 
would  be a useful tool on discussing possible improvement s for the functioning of the Council . Her 
delegation  had a deep look at the matrix and wished to propose some ideas.  
2.10.   Pertaining to digital tools, Canada  support ed the effort to implement e -registration for the 
distribution lists. In addition,  learning from the  experience of the Committee on Market Access that 
used a similar tool, Canada  underst ood that the e -agenda could provide delegates with a real -time 
view of agenda items, streamline the process in adding or co -sponsoring agenda items and facilitate 
the sharing  of and access to statements.  
2.11.   Turning to formal meetings, Canada saw value in closing the agenda and issuing the Airgram 
15 days prior to the meeting rather than the actual ten days. That timeline would be consistent with 
the one recently adopted by the Council for Trade  in Goods. Geneva -based delegates would benefit 
from those additional days to prepare for the meeting and consult capital -based delegates when 
needed. Regarding  the length  of time  for preparing  the minutes after formal meetings, Canada 
wishe d to commen d the Secretariat for the excellent average of 25 days.  
2.12.   The representative of Costa Rica  echoed the United Kingdom and Canada and thanked the 
Secretariat for the matrix. His delegation  was one of the co -sponsors of document WT/GC/W/877  
and support ed WTO reform and improving  the functioning of the WTO bodies, particularly in their 
deliberative function.   
2.13.   Costa Rica  believe d that Members should  focus on pragmatic ideas that allow ed a "reform by 
doing". In that sense, it support ed Canada's ideas to focus on concrete ideas, such as the use of 
digital tools  – the e-agenda which facilitated the reception of statements , as well as  closing the 
agenda 15 days prior to  the meeting , as the CTG did. The Council and its subsidiary bodies could  
emulate the improvements made in other WTO bodies.  
2.14.   The representative of Japan  echoed Costa Rica, Canada,  and the United Kingdom, and 
commend ed the Secretariat's efforts in developing  that matrix. It was important that each council 
and committee advance d the work to improve their functioning  and report ed the outcome to 
Ministers at MC13. In that context, it was heartening that the Council  and its subsidiary bodies had 
got the process underway as was being done in the CTG. The compilation of the matrix was the first 
step, and Members  had to build on it, add new items if necessary and accumulate  improvements . 
Through that process, it was helpful  to refer to good practices introduced in other subsidiary bodies, 
and Japan  encourage d the Secretariat to maintain and enhance internal coordination.  
2.15.   The representat ive of Australia  echoe d the United Kingdom, Canada, Costa Rica, and Japan. 
His delegation was  proud to add its sponsorship to document WT/GC/W/877  and thank ed Members, 
particularly the United Kingdom , for its leadership on that document , which was a reform -by-doing 
initiative. It provide d a sound framework for a broad approach to reforming the Council  and its 
subsidiary bodies' function . The bridge between them was the very helpful and welcome document 
that the Secretariat ha d prepared , considering  the particular circumstances of the Counc il and its 
subsidiary bodies.  
2.16.   Australia proposed  that the Council consider following the CTG's example  and work towards 
a report to the General Council on the reform efforts underway with a  view to supporting the 
generalised reform efforts of the WTO, whic h had picked up pace that year. Australia also proposed  
that the reform items that could  be quickly adopted would be considered for quick adoption to 
provide momentum for those others which might  require further consideration.  
2.17.   The representative of the Republic of Korea  supported the United Kingdom , Canada, Costa 
Rica, Japan , and Australia in revitalising the functioning of the Council . 
2.18.   The representative of China  thank ed the Secretariat for the preparation of the matrix on the 
function ing of the Council  and its subsidiary bodies, which was very useful. China  echoed the 
proposal s by Canada, Costa Rica and other Members on digital tools and  the early circulation of the 
agenda.  
2.19.   The representative of Switzerland  thanked the Secretariat for preparing that matrix. As 
mentioned in the Chairperson's introductory remarks, it had been  agreed that the document be S/C/M/154  
 
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  prepared on the basis of what had been done in the CTG, with the proviso that it be adapted to the 
services context, and the Secretariat had done a very good job in that.  
2.20.   Switzerland echoed the United Kingdom, Canada, Costa Rica, Japan, Australia, Korea, and 
China  in using the matrix as a basis for moving forward . In its analysis, his delegation focused on 
the new elements in comparison to what had already been done. Some of the new items listed 
appeared more relevant to the trade in goods context, notwithstanding the Secretariat's comments 
about the footnotes included in the document. Switzerland had identified some of the new elements 
that might be worth considering as the Council continue d its work on that issue.  
2.21.   The representative of the European Union  once again condemn ed, in the strongest possible 
terms , Russia's unprovoked, unjust,  and illegal invasion of Ukraine. Her delegation  stood  with 
Ukraine and would  continue helping in any possible way for as long as it took through its support to 
Ukraine's  people, military,  and economy.  
2.22.   Moving to the agenda item, the European Union  thank ed the Secretariat for the work done 
and echoed  other Members regarding  circulating the agenda 15 days prior to  the meeting instead of 
ten days , and enhancing the use of digital tools. She also  commen ded the excellent quality of the 
meeting reports and highli ghted the usefulness of having an annotated agenda.  
2.23.   The representative of Bangladesh  aligned with the position of the LDC Group and thanked the 
Chair person  for her consultation s with Members and the report. Her delegation  support ed the 
Chairperson's  guidan ce on the way forward in implementing the MC12 mandate by Ministers. 
Bangladesh thanked  the Secretariat for the mapping exercise and the matrix contained in document 
S/C/W/433 . She appreciate d the list of current practices for the Council  and the CSC. The matrix  
had been modelled  from th e CTG practices;  however, Bangladesh was  fully aware that the 
substantive issues to be discussed under the Council  and its subsidiary bodies might  not be similar 
to those under the CTG and its subsidiary bodies.  
2.24.   Bangladesh was happy to see  that the table r eflect ed some easily doable practices for the 
Council  and the CSC, for example, ensuring the advance notification for  the agenda closing, the 
circulation of a draft agenda, an annotated agenda, a factual report on the same day regarding the 
decision point against each annotated agenda item , and a time-bound circulation of the meeting 
minutes , etcetera . 
2.25.   The representative of Canada  joined others in continuing the  discussions based on the matrix 
and welcomed  any other ideas on how Members could  improve their activities under the Council . As 
Members were  reflecting on how to make those improvements, it was also important to remember 
that the WTO was as a rule -based organi sation, and Russia's illegal action s demonstrate d a complete 
disregard of the most fu ndamental tenets of international law.  
2.26.   For more than a year, the violent actions of Russian forces had undermined the ability of 
another Member, Ukraine, to fully participate in the world trading system and in the work of its 
institution. The consequences  of Russia's action extend ed well beyond Ukraine's border, and Canada  
reiterate d its strong and determined support to Ukraine and its people.  
2.27.   The representative of Peru thank ed the Secretariat for the matrix and r eiterate d her 
delegation's  support for the proposal of the United Kingdom, which, while being comprehensive and 
structured, allow ed to identify aspects that require d the attention of Members.  That was  a starting 
point for further suggestions. Peru believe d that the use of digital tools was a good i dea, as well as 
the use of an annotated agenda that would be sent out ahead of time.  
2.28.   The representative of the Russian Federation  regretted that the productive work of the Council 
was continuously held hostage due to deliberate politicisation and confronta tional rhetoric of certain 
countries, acting as a group to promote their biased views on the basis of a blocking approach and 
being bound by a discipline. Such unfortunate developments harmfully affected practical activities 
within the format to the detrim ent of Members ' contribution to effectively address the global 
challenges.  
2.29.   Some Members came out with the slogans that Russia undermine d the ability of Ukraine to 
participate in the WTO, but his delegation saw  no justification for that. That was just a bad excuse S/C/M/154  
 
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  for their own non -compliance with  the obligations. Russia had heard regular warnings of the dangers 
of trade weaponization , but was that not  what certain Members themselves were doing? – Coercion 
of independent states through unilateral restrictions and economic pressure.  
2.30.   The total number of restrictive measures imposed against Russia was approaching 3,000 and 
continue d to grow. They were targeting, inter alia, major Russian banks, research institutes, 
transport, logistics and insurance c ompanies. Trade statistics show ed that th ose measures generate d 
a boomerang effect, affecting trade interests not only of sanctioned states, but also the economies 
of those who impose d them, as well as of all other Members. However,  the sponsors of the san ctions 
did not care about  their spill -over effects.  
2.31.   Some of the direct costs from the sanctions and respective global trade disruptions caused by 
them include d skyrocketing commodity prices, rising inflation and mounting  uncertainty, as well as 
food insecu rity that ha d hit developing  countries  and LDCs the most. Unfortunately, the sponsors of 
the sanctions decided to ignore the facts presented in the statements and questions from Russia, 
clearly violating their obligations within the WTO. As the Russian Federation  underst ood, they simply 
could not  provide any meaningful arguments in defence of their trade policies.  
2.32.   He cautioned  that the unilateral imposition of politically biased trading measures clearly state d 
the new norm that no Member was safe from unlawful treatment. The Russian Federation  hoped 
that certain Members would  abandon their attempts to unilaterally impose their will on others. After 
all, sanctions and other forms of pressure were never an effective instrument to force sovereign 
states to change their decisions. Hopefully, they chose the approaches that were indeed effective 
and in compliance with WTO rules ―  constructive dialogue, cooperation, readiness to compromise 
and resolv ing differences.  
2.33.   The representative of Australia  echoed  Canada and the European Union . His delegation  joined 
others in condemning the Russian Federation's invasion of Ukraine and stood  in solidarity with 
Ukraine in its continued participation at the WTO under severe conditions. The best thing for trade 
and rule -based stability in all trade at that place was to call for an immediate end to Russia's 
aggressive and illegal action.  
2.34.   The representative of the Philippines  thank ed the Chairperson and  the Secretariat for 
continuing  the work on ensuring implementation of WTO reform efforts after MC12 . He thank ed the 
Secretariat for circulating the comparison matrix, which provide d valuable information on the current 
working methods of the Council and its subsidiary bodies. His delegation had  three suggestions  in 
that respect . 
2.35.   Firstly, the Philippines  appreciate d the efforts to streamline the calendar of meetings but  
noted  that there was a significant overlap of meetings that week. He proposed that the Chairperson 
consider re-ordering the sequencing of meetings so that the subsidiary bodies were convened prior 
to the Council meeting. In future, that would allow the subsidiary bodies to elevate issues to the 
Council for consideration.  
2.36.   Secondly , in addition to what was reflected in the matrix in terms of the minutes, the 
Philippines proposed that the Chair person  could issue , under his or her responsibility,  a brief 
summary of decision points  and points of divergence, to be issued soon after the meeting, whereas 
the minutes took some time before they were compiled.  
2.37.   Thirdly, the Philippines thank ed the Secretariat for r esuming the training sessions , particularly 
on notifications. He  recall ed that, at the previous Council meeting , it was discussed that a  wide range 
of measures was covered under Article  III:3 of the GATS . The Philippines recommended an analysis 
to consider how to improve Members' ability to submit notifications, possibly by considering 
prioritising notifications related to new legislation . 
2.38.   The representative of Singapore  thanked  the Secretariat for its work in preparing the matrix. 
Singapore support ed any initiative that improve d the function ing of the Council. Initiatives such as 
the annotated agenda and back -to-back services meetings had been useful, and Singapore  looked 
forward to optimising the process further to ensure that all Members could  participate in a meaningful 
manner.  S/C/M/154  
 
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  2.39.   The representative of Norway  thanked the Secretariat for the comparison matrix of the current 
functioning of the Council  and the CSC. Her delegation supported , as suggested by Canada and other 
Members, enhanc ing the use of digital tools,  and issuing the agenda 15 days prior to the meetings. 
She also  commend ed the Secretariat for the excellent and timely reporting.  
2.40.   Furthermore, Norway join ed others in condemning , in the strongest possible terms , the 
unprecedented military agg ression of the Russian Federation against Ukraine. The Russian 
Federation was grossly violating international law, the core principles on which the international rule -
based order was built. Norway reiterated that it stood in solidarity, as long as it took, with Ukraine 
and the Ukrainian people.  
2.41.   The representative of the Republic of Korea  joined the European Union, Canada, Australia, 
and Norway in condemning Russia's unlawful aggression and reaffirmed its consistent position that 
the sovereignty, territorial integrity,  and independence of Ukraine should be respected. Korea, as a 
responsible  member of the international community, supported various diplomatic and economic 
efforts of the international community to contribute to the end of the war and the restoration of 
peace.  
2.42.   The Chairperson  indicated that Members had made several suggestions o n WTO reform, such 
as the e -agenda, the distribution of the Airgram  15 days prior to the meeting, enhanced use of 
digital tools, a short summary of the meeting outcomes by the Chairperson, and a report from the 
Council to the General Council on WTO reform efforts. Thus, she suggested that all those suggestions 
were compiled by the Secretariat and Members could comment on them at the next meeting. That 
would allow refer ring to the suggestions one by one, as some would require to change the Rules of 
Procedure , such as closing the agenda 15  days in advance  of meetings . 
2.43.   It was so agreed . 
2.44.   Turning to the pandemic response, the Chairperson  recalled that, in March , the Council had 
agreed to organi se a series of informal information and experience -sharing sessions on  the impact 
of COVID -19 on services trade, modelled on a similar exercise carried out in the Committee on 
Market Access . 
2.45.   The first session, on transport and logistics services, would  be held in the afternoon of the 
following day . The Chairperson was please d to have  a balanced group of contributors, both 
geographically and in terms of level of development, from several Members. That was  an auspicious 
start to the Council's  work in that area. She trusted that Members would  have a very interesting 
session  and count ed on all delegations' active engagement.  
2.46.   Finally, Members might  recall that, at the March meeting, the Council  had addressed two 
submissions by India related to the pandemic response, on the role of telemedicine s ervices and on 
building a pool of health professionals to respond to pandemics and natural disasters.  
2.47.   The representative of India noted that, in pursuance of the Ministerial Declaration on WTO 
response to the COVID -19 pandemic and preparedness for future p andemics 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 e ffectively 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 .  
2.48.   India had  received comments and suggestions on its submissions and thanked  Members for 
the same. In the previous  meeting, many Members had needed more time to study the submissions 
in detail in consultation with Capital. India looked forward  to their comments and suggestions as 
well.  
2.49.   India drew the Council's attention to the questions posed for further discussion at the end of 
its submissions. Th ose include d sharing Members' experience regarding adoption of telemedicine ; 
identifying challenges and opportunities for expanding telemedicine services ; steps that Members 
were taking to address th ose challenges and harness th ose opportunities ; what trade -facilitating 
measures Members  had taken to promote cross -border trade in t elemedicine services ; the role digital S/C/M/154  
 
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  public infrastructure could  play in facilitating technology transfer and promoting digital delivery of 
health services ; and lastly, how Members could move forward in pursuance of the Ministerial 
Declaration  in documen t WT/MIN(22)/31  and agree on the next steps to enable the use of cross -
border supply of telemedicine services in dea ling with future pandemics.  
2.50.   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 which had been  taken to ensure the continuity of supply of th ose services, 
the role that recognition of professional qualifications could  play. India saw a  similar guidance for 
the experience  sharing by Members as in the first experience -sharing session on COVID -19 and 
trade i n services on transport and logistics, which was being held the following day . 
2.51.    Deliberations on the lessons learned and sharing of best practices and experiences by the 
Membership could  build effective solutions in addressing barriers, obstacles and chall enges that 
prevented the expansion of cross -border supply of telemedicine services. The pandemic ha d also 
brought into focus the role that foreign health professionals could play in ensuring a continued supply 
of critical services in such times.  
2.52.   In pursuance of the Ministerial Declaration and to better address the current and future 
pandemics and disast ers, 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 look ed forward to a dedica ted discussion in the Council, 
along with workshops and seminars, to share information, experiences,  and views on the matter.  
2.53.   The representative of Sri Lanka  thank ed India for its two submissions in documents 
S/C/W/426  and S/C/W/427 . As the proposal in document S/C/W/426  had rightly identified, the 
COVID -19 pandemic presented a unique situation at th e global level, where surpluses and shortages 
of health -related resources existed simultaneously as the pandemic came in several waves, affecting 
different regions of the world at different times. Telemedicine could  certainly play an important role 
in glob al pandemics such as COVID -19. 
2.54.   However, as the proposal ha d highlighted , numerous challenges exist ed in trade in 
telemedicine , which encompass ed the d igital capability, regulations and guidelines, reimbursement 
under insurance schemes, interoperability of digital applications and systems, health provider 
licensing  and registration requirements, professional liability provisions and quality , and continuum 
of care.  
2.55.   Therefore, international collaboratio n between the Membership was needed to facilitate 
reliable and sustained cross -border supply of telemedicine services as a credible tool to deal with 
future pandemics.  Sri Lanka was  of the view that the Council was  the right place to discuss the 
challenges  and build collaboration between the Membership. Such deliberations would  help find 
effective solutions to the challenges that Members encounter ed in the provision of telemedicine.  
Towards that end, Sri Lanka  support ed the proposal that Members organi se dedicated discussions 
in the Council,  along with workshops and seminars to share information, experiences,  and views on 
that matter.  
2.56.   Regarding  document S/C/W/427 , as Sri Lanka had  mentioned during the previous  meeting, 
it would be very important to have an in -depth discussion on the proposal by India to formulate a 
multilateral and coordinated response for building a pool o f health professionals to respond 
effectively to pandemics and natural disasters. In that regard, Sri Lanka supported  the proposal that 
Members organi se dedicated discussions in the Council , along with w orkshops and seminars to share 
information, experienc es, and views on that matter.  
2.57.   The representative of Bangladesh  thanked the Secretariat for its initiative to organise training 
sessions for new delegates  on the GATS . Her delegation also looked forward to actively participating 
in the first informal experience -sharing  session  on the impact of COVID -19 on services trade  
dedicated to transport and logistics services in the afternoon of 13 June 2023.  
2.58.   The delegation of Ba ngladesh welcomed the submissions S/C/W/426  and S/C/W/427  from 
India and deeply appreciated India's efforts for constructive discussions on the importance of S/C/M/154  
 
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  telemedicine services and the necessity of a pool of health professionals to a ddress the challenges 
of future pandemic s or natural disaster s. 
2.59.   Health -related services were very much important and relevant for the work in the Council. 
The delegation of Bangladesh supported India's efforts for the exploratory discussions in dedicated 
sessions through the guiding questions listed at the end of the communications. Bangladesh looked 
forward to working with India and other Members.  
2.60.   The representative of Switzerland  thanked  India for its two submissions.  Regarding  
S/C/W/426 , Switzerland had made comments at the previous  meeting. On S/C/W/427 , as indicated 
at the Council meeting in March, it was difficult to extrapolate solutions from the COVID -19 pandemic 
that anticipate d crises in the future. The nature and needs of each crisis were likely to be different. 
The proposal to engage in a mutual recognition comparative exercise would entail considerable 
resources. While Switzerland could envisage a workshop, it would need to consult on the suggestion  
for a dedicated session.  
2.61.   Switzerland condemn ed the Russian military aggression on Ukraine in the 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.  
2.62.   The representative of Malawi , speaking on behalf of the LDC Group , welcome d the 
submission s S/C/W/426  and S/C/W/427  by India.  The submission s highlight ed areas of importance 
to LDCs, a s consumers or importers of telemedicine services and health professional services, but 
also as potential exporters. The LDC Group  wished  to discuss th ose papers further in the Council  
and in dedicated sessions.  
2.63.   The representative of Singapore  welcome d the resumption of the  Secretariat's  training on 
services trade and the GATS and looked  forward to participating in that. Singapore expressed its 
support for the organi sation of the sessions on the impact of COVID -19 on services trade . It looked 
forward to par ticipating actively in the  first information -sharing  session on transport and logistics on 
the following day and hoped  to make contributions for future sessions o n health services, tourism 
services as well as  ICT and digitally delivered  services.  
2.64.   The representative of the United Kingdom  reaffirm ed his delegation's  support for the 
Membership to continue  to review  and build on the lessons learned  and the challenges experienced 
during the COVID -19 pandemic in order to enhance national and internationa l responses to possible 
future pandemics. However, the Council  was a forum that was dedicated to Members' discussions 
on GATS disciplines. Much of the scope of the papers by India was  unrelated to GATS matters and 
therefore beyond the scope of discussion w ithin the Council . Accordingly, the United Kingdom did 
not see utility in organi sing a dedicated session or workshop based on the content of the two tabled 
papers. Thus, the U nited Kingdom did not support those proposals.  
2.65.   The representative of the United S tates recall ed his delegation's previous  statements on 
supporting Ukraine and condemning Russia for its illegal invasion and destruction of Ukraine. On the 
matter at hand, the United States thank ed India for its submissions and contributi on to the 
discussi ons on important issues around pandemics and natural disasters.  
2.66.   The United States had already  contributed its views on th ose two papers in the past . He 
recalled that his delegation raised  questions and concerns that India was misidentifying certain 
issues like licensing  and health insurance portability, professional liability,  and other regulatory 
challenges, by saying those  were trade restrictive from a GATS perspective. That was something 
that the United States did not agree with.  
2.67.   His delegation took note  of India's suggestion to hold dedicated discussions , along with  
workshops and seminars . However, the United States would first need to see more details on what 
the program mes looked like and request ed that India took on board the views that the United States 
and other Members had expressed to avoid issues as not all Members agree d that those were t rade 
issues with a connection to  the GATS.  S/C/M/154  
 
- 9 - 
 
  2.68.   The representative of Australia  thank ed India for its engagement and for making  those 
proposals . His delegation noted  the importance of the WTO  in considering how to respond effectively 
to the services and trade challenges posed by pandemics and  looked forward to the lessons -learned 
sessions that week and in the future. However, Australia echoed  Switzerland, the U nited Kingdom , 
and the United States regarding  progressing th ose issues in a dedicated session.  
2.69.   Australia wished to see more detail s before committing to that, particularly because it 
question ed whether the WTO was the most appropriate forum to address th ose issues. As a primary  
paper on public health policy and professionals, it seemed  more appropriate for the World Health 
Organization. Australia suggest ed that further consideration be given  to whether an advisory , 
enabling and support role could be taken on  decisions and recommendations first initiated in other 
fora before dedicated sessio ns were organised in the Council . 
2.70.   The representative of South Africa  thank ed India for its two submissions.  South Africa 
continue d to experience challenges in providing immediate and affordable access to health care, 
especially to rural communities who remain ed the most adversely impacted by the lack of proximity 
to medical facilities and providers , both locall y and across the African continent. In addition, South 
Africa  continue d to annually lose medical skills due to demand from advanced economies.  
2.71.   Under th ose conditions of constraint and scarcity, the authori sation and adoption of telehealth 
services support ed transitioning to technology -enabled health services. Such adaptation to address  
the shortcomings of cost, quality, and access  was an important feature of efforts to improve access  
to the vulnerable . Telehealth advance d a patient -centred approach and ha d the potential to enhance 
hyper -personalised care and services.  
2.72.   The Council  had scope to do important technical work on telehealth services to support global 
public health objectives and improve access to health care.  Members rejecting to engage on the 
developments and information sharing  on telemedicine and those deeming it ha d no utility , was 
most troubling and confusing as such objections were most inconsiderate of the needs of the globally 
disadvantaged and vulnerable communities.  
2.73.   Since  South Africa had  considered a financial services workshop and an experience -sharing 
workshop on transport and logistics at the services cluster  in June , it was only reasonable and fair 
to accommodate the same with that submission on telemedicine. South Africa  urged all Members to 
agree to move towards a draft agenda and circulate it  to Members  for comments .  
2.74.   The representative of Canada  said that it was not enti rely clear that th ose two papers would 
be discussed at the Council  meeting, as no specific agenda item was submitted or included in the 
Airgram. Canada  noted a reference to those papers in the annotated agenda but  assumed that that 
was included to highligh t the previous  Council meeting.  
2.75.   Having said that, Canada  appreciate d the information that India had provided on its two 
submissions. At the previous  Council  meeting, Members agreed to organi se a series of informal 
information and experience -sharing sessions on the impact of COVID -19 on services trade, which 
include d health services. Canada  encourage d Members to use that agreed work plan to raise issues 
or areas of specific interest. At that point, Canada sought  to avoid any possibl e duplication and to 
start with what had already been agreed.  
2.76.   The representative of the Russian Federation  noted that his delegation was once again forced 
to reply to political accusations. It was unfortunate that some Members had chosen to detract 
attenti on from the mandated issues by repeating the statements on irrelevant political matters. He 
reiterated Russia's position that that was not the right place to repeatedly raise issues, which were 
beyond the mandate of the Organisation  and the scope of the Co uncil and the current item.  
2.77.   He also reminded the Chairperson that she had the right under rule 17 of the Rules of 
Procedure to call the speaker to order if his or her remarks were not relevant to the agenda of the 
meeting. The issues raised were not relate d to that meeting agenda and the scope of the Council. 
Certain Members continued to ignore the Rules of Procedure and systematically undermined the 
normal work of the regular bodies. The Russian Federation urged those Members to stop promoting 
that reckles s approach and focus on the mandated issues of the Council in accordance with the 
agenda.  S/C/M/154  
 
- 10 - 
 
  2.78.   Concerning the agenda item , the Russian Federation thanked India for bringing that issue to 
the discussions of the Council. Expanding the use of telemedicine technologies was one of the 
priorities of the current activities of the Russian Federation. The telemedicine market in Russia had 
received a major boost during the pandemic when the dema nd for remote medical diagnosis and 
treatment had increased dramatically, with the number of applications through telemedicine 
channels growing by 320%. That ensured the extensive involvement of medical workers to provide 
medical assistance and had resulte d in substantial government expenditure savings.  
2.79.   The Russian Federation acknowledge that cross -border trade in medical services could allow 
for greater involvement of medical staff, meeting the increased demands in emergency situations 
such as pandemics. A t the same time, as demonstrated in India's communication S/C/W/426 , cross -
border trade in telemedicine services remai ned underdeveloped. The Russian Federation recognised 
the need for further exploratory work to find out the causes and identify the existing obstacles to 
the development of international trade in medical services.  
2.80.   A number of issues had already  been mentio ned in Russia's  previous statement and in the 
communication by India, including  regulatory requirements for the providers of telemedicine 
services ; requirements for the content and quality of information provided for cross -border 
consultations using teleme dicine technologies;  terms and conditions for the recognition of medical 
conclusions based on telemedicine consultations ; defining the forms of medical worker's liability for 
the results of cross -border consultations with the use of telemedicine technologi es.  
2.81.   The above -mentioned issues were governed by domestic regulations and mutual recognition 
agreements as well as by market access measures. The GATS contain ed the rules, obligations,  and 
guiding principles for all of th ose areas.  The scheduled experience -sharing session on COVID -19 and 
trade in services dedicated to health services could  serve as a platform for further identification of 
obstacles and searching for the role of the WTO in the process of facilitating trade in medical services 
with the aim to provide effective response to healthcare challenges.  
2.82.   The representative of the European Union  thank ed India for the two communications 
submitted. As mentioned at the previous meeting , before discussing the possible organi sation of a 
dedicated session , the European Union wished to seek further clarifications on the scope of the two 
communications and the work proposed, considering  that several  issues seem ed to go beyond the 
WTO mandate or were of very broad range.  
2.83.   The European Union also noted  the four upcoming  information -sharing  sessions on the impact 
of the pandemic on services trade, with the first one on the following day , some of which touch ed 
upon sectoral interests identified in  the two submissions. The European Union looked  forward to 
those discussions and remain ed available to reassess which other topics or actions would still merit 
further discussion. Finally, echoing Canada, the European Union would be grateful if , for future  
meetings , Members had  all items explicitly included in the agenda and not just in the annotated 
version.  
2.84.   The representative of the Philippines  recall ed the useful exchange of views on India's two 
proposals at the previous  Council  meeting, with some experiences shared by Members. His 
delegation  had provide d some comments and concerns about the submission  but cautioned  against 
a very restrictive or myopic  view about how the Council engage d on services -related issues . 
2.85.   In a similar vein, the Ph ilippines noted the comment by  the Russia n Federation  and Canada 
that the Council would  organise  experience -sharing sessions on health services and recall ed that the 
Secretariat had also held an information  session on  the effects of COVID -19 on trade and h ealth 
systems. Thus, the Philippines believed that some of the elements contained in India's proposal 
could be inputted into the organi sation of th ose experience -sharing sessions . In conclusion, the 
Philippines saw value  in but did not  necessarily agree on  the elements  of the proposal . That was 
something that Members should engage on with each other . 
2.86.   The representative of Pakistan  thanked  India for the  submissions in S/C/W/426  and 
S/C/W/427 . Pakistan believe d that Members agree d that  pandemics pose d a common problem and 
thus need ed more cooperation in finding lasting solutions.  While the Director -General of the WHO  
stated that COVID -19 was no longer a n emergency, he also stressed that countries had to learn S/C/M/154  
 
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  from the lessons of COVID -19. In that connection, Pakistan believe d that the proposals in India's 
submissions encouraged steps in the right direction.  
2.87.   The COVID -19 pandemic exposed the effects that a skewed global distribution of health -
related resources had on human life, and it also put unprecedented strain on domestic healthcare 
systems of almost all Members.  It represented an example of how useful healthcare services that 
did not require physical  contact could  be. Hence, Pakistan believe d that there was a good case for 
the exploration and discussion of telemedicine and its utility,  and, inside WTO, the Council was  the 
right platform for it.  
2.88.   Towards that end, Pakistan support ed the proposal in S/C/W/426  on organi sing dedicated 
discussions in the Council  and the proposal in  S/C/W/427  on building a pool of health professionals 
to respond effectively to pandemics and natural disasters. Pakistan support ed the suggestions of 
organi sing dedicated discussions in the Council, along with workshops and seminars to share 
information, experiences and views on that matter.  
2.89.   The representative of Indonesia  recalled  that, with regard to the proposal on building a pool 
of health professionals, his delegation recognised the importance of a well -prepared and coordinated 
response to pandemics and natural disasters. While Indonesia already ha d measures in place to 
address th ose challenges, it acknowledge d the value of sharing bes t practices and experiences with 
other countries. Indonesia  welcome d discussions on how to strengthen the capacity of health 
professionals and establish effective mechanisms for collaboration and information exchange during 
such emergencies. Indonesia beli eved that international cooperation in that area was crucial to 
ensuring a swift and effective response.  
2.90.   On the role of telemedicine services, the COVID -19 pandemic ha d demonstrated the 
significant role of telemedicine in providing healthcare services, especially in situations where 
physical contact had to be minimi sed. Indonesia recogni sed the potential of telemedicine to improve 
access to healthcare, particularly in re mote areas or during times of crisis. Indonesia was actively 
exploring ways to enhance telemedicine services within its national healthcare system . Discussions 
on the role of telemedicine in responding to the pandemic could  provide a platform for sharing 
experiences, addressing regulatory challenges and identifying potential areas of collaboration to 
promote the effective use of telemedicine services globally.  
2.91.   Indonesia would carefully evaluate the proposals, considering their alignment with its national 
priorities, existing policies,  and international obligations. Indonesia would  assess the potential 
benefits, challenges, and feasibility of the proposals, considering  its domestic context and resources, 
as well as fostering constructive dialogue, collaborati on and knowledge sharing with India and other 
Member s to address th ose crucial issues.  
2.92.   The representative of India thank ed all Members for their valuable comments and suggestions  
and noted the  request for greater clarity on the contours of the proposed dis cussions. As mentioned 
in the opening remarks  and at the end of the two submissions, the questions for discussion were the 
likely contours for deliberations . Similar guidance ha d been given to Members for the first COVID -19 
experience -sharing session  on transport and logistics  services . India noted Members' suggestions 
and comments and look ed forward to engaging with them  on the same.  
2.93.   Telemedicine complement ed the physical healthcare system s, and its use across borders could 
help enhance access , reduce costs,  and relieve healthcare systems around the world , which were 
strained with constraints, including  shortages of doctors in pandemic -like situations. India believe d 
that further deliberations on lessons learned and sharing of best practices an d experiences by 
Members  could facilitate reliable and sustained cross -border supply of telemedicine services as a 
credible tool to deal with future pandemics and pandemic -like situations.  
2.94.   The pandemic ha d also brought into focus the role that foreign heal th professionals play ed in 
ensuring a continued supply of critical services. In pursuance of the Ministerial Declaration  and to 
better address current or future pandemics and disasters, it would be imperative for Members  to 
formulate a multilateral and coo rdinated response for building a pool of health professionals and 
facilitating the supply of such critical services. India look ed forward to dedicated discussions in the 
Council on th ose issues in pursuance of Ministers ' guidance as contained in document 
WT/MIN(22)/31  to respond to future pandemic s and pandemic -like situations.  S/C/M/154  
 
- 12 - 
 
  2.95.   The representative of China  thanked India for the two submissions. While recognising the 
importance of health services in Members' collective response to the COVID -19 pandemic, China 
wished to flag that many other services were important and essential in that endeavour. China 
apprec iated the efforts of the Chairperson and the Secretariat to organise four experience -sharing 
sessions on the impact of COVID -19 on services trade and hoped that those discussions could shed 
more light on how those service sectors helped strengthening the a bility to respond to such crises.  
2.96.   He noted that a business representative from China would make a presentation in the seminar 
on the following day. As always, his delegation  attached great importance to that issue and believed 
that all sectors and areas th at the Council would touch upon in the information -sharing sessions 
played an important role in the post -COVID recovery of the world economy. China would engage 
constructively in the discussions on those topics.  
2.97.   The Chairperson  suggested that the Council t ake note of the statements made . 
2.98.   It was so agreed . 
3  ITEM C: OPERATIONALIZATION OF THE LDC SERVICES WAIVER  
3.1.  The Chairperson  reminded that, at the March meeting, Members had addressed a 
methodological Note by the Secretariat, contained in document S/C/W/428 , on how LDC services 
trade statistics could be improved.  
3.2.  Members had agreed to the Note's suggestion that the Secretariat would organi se a workshop 
to explore the contours of a data improvement project. As indicated in the annotated agenda  
(JOB/SERV/CTS/13 ), the Secretariat planned to hold that one -day, hybrid workshop during the next 
cluster of services meetings, scheduled for the week of 2 October.  
3.3.  Finally, the Chair person  understood that the LDC Group had been hard at work on a written 
communic ation outlining its ideas on how to implement the Waiver -related paragraph of the MC12 
Outcome Document. She hoped that the Group had been able to advance with that work, and that 
the LDCs would be in a position to share their proposal with the Membership soon.  
3.4.  The representative of Malawi , speaking on behalf of the LDC Group , thanked the Chairperson 
for her report under that agenda item. The LDC Group continue d its work on the indicated  
communication . It had held two workshops in the previous  weeks to help  deepen the understanding 
of the GATS and the services Waiver, including discussions on next steps  for the Group . The first 
step was a request to  the Secretariat to hold  further presentations on the basics of the GATS, for 
which the Group  expressed its gratitude . The second step was an internal briefing on the LDC Group's  
journey on the Waiver decision of 2011, the collective request, and the emergence of notifications. 
The LDC Group also  discussed next steps and what more had to be done . 
3.5.  The LDC Group had  focused its attention that year on paragraph 8 of the MC12 Outcome 
Document . The text had been  negotiated by the Group. The LDC Group  still believe d that more 
informatio n on the activities of LDC services suppliers and consumers in Members who had notified 
preferences was required. To assist on that , the LDC Group was  working on a questionnaire for 
business associations and regional economic commissions in LDC regions as well as capitals.  
3.6.  While the LDC Group  appreciate d that the Secretariat 's workshop on data would be  held in the 
fall and noted  the challenges mentioned in the Secretariat's Note, more information was needed to 
better inform the Group's planned communication . The LDC Group n oted the challenges expressed 
in the Note regarding services data in general and the difficulty  to collect information on consumers 
and suppliers.  
3.7.  The LDC Group also  understood  that it was difficult to match existing GATS commitments as 
the reason for access to Member s' markets in general. Especially if the applied regime was open as 
well. The bindings in the GATS became  relevant particularly where there was a problem. GATS 
commitments prov ided predictability. LDCs expect ed that the notified preferences would do the 
same , however, the LDC Group wished  to hear from its own suppliers about any barriers they were 
facing but more importantly any access to markets they enjoy ed. Other aspects were  taken into  S/C/M/154  
 
- 13 - 
 
  account , including the nature of services and how existing GATS commitments work ed, the so -called 
applied regime versus commitments and preferences.  
3.8.  Nevertheless, the LDC Group  urged preference -providing Members to also speak with their 
service s associations to learn about how their subsidiaries in LDCs use LDC services and other types 
of entities that were  consuming services from LDCs suppliers. If there were transactions and 
engagements between LDC services suppliers and consumers in preferenc e-providing Members, it 
might  not necessarily mean that that was  because of the preferences.  The LDC Group had heard 
that many of the notifications extend ed Members'  RTA preferences to LDCs. That was clearly agreed 
in the Bali decision as an incentive to e ncourage notifications.  The LDC Group would submit its  
communication in the essence of time and look ed forward to the workshop in the fall, as well as the 
participation of all Members.  
3.9.  The representative of India said that Ministers had given clear instructions to review and 
promote the operationalisation of the Waiver at MC12. In that regard, India look ed forward to the 
submission s by the LDC Group. The efforts by the Secretariat in that direction were appreciate d. 
3.10.   India suggested comments for consideration and provide d 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 distribu tion, logistics, construction, etc., 
and also on the modes of importance to LDCs such as modes 2 and 4.  
3.11.   India also wished to have  some clarity on the time horizon of such an exercise, whether that 
was a one -time or a periodic exercise . India believe d that a periodic exercise would  generate 
comparable data and would be more useful in that regard, including  to use available data sources 
such as mirror data or proxy data to strengthen the data of LDC services exports and to use the 
institutional mechanism and  funding in that regard . India highlighted  the role of developed and 
developing countries in strengthening their databases  regarding the imports from LDCs and 
regarding training, capacity building and sharing of best practices.  
3.12.   It would also be beneficial  for the role of LDCs to assess the available data from administrative 
department s 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 remain ed ready to 
engage constructively on that issue and look ed forward to meaningful engagement with Members 
on that important issue.  
3.13.   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. The LDCs had been requesting a  fuller and more 
meaningful operationali sation of that decision . 
3.14.   Bangladesh welcome d the Note by the Secretariat on "Improving LDC 's Services Export Data ", 
contained in document S/C/W/428 . The Note point ed out that "LDCs were not able to take advantage 
of growth opportunities brought about by increased services digitali sation due to lack of 
infrastructure, skills, and a digital divide ". It was  always highlighted that many LDCs, as exporter s 
of services, lack ed necessary infrastructure  to collect and collate services export data. In that 
connection, the LDCs needed  support to bui ld the necessary infrastructure. On the other hand, not 
only the LDCs should be blamed for the lack of data  as trade data include d both export s and import s. 
The importing countries also had to maintain and provide bilateral data on the import of services 
from LDCs. That could  practically help minimise the data scarcity in LDCs services trade.  
3.15.   Bangladesh requested updated information from the preferen ce-providing countries on their 
consumers receiving or contracting LDC services. Bangladesh underscored the need to assess best 
practices in facilitating the use of the LDC preferences, as instructed by the Ministers at MC12.  
3.16.   Bangladesh hoped that the pref erence -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 the LDCs. Bangladesh looked forward to working constructively with 
Members.  S/C/M/154  
 
- 14 - 
 
  3.17.   The representative of China  indicated that his delegation attached great importance to the 
LDC services Waiver and would continue to fulfil its commitments in that regard.  China encouraged 
more information sharing on the implementation and effectiveness of  the LDC services Waiver and 
encouraged LDCs to further share their difficulties in exporting services at the Council. He thanked 
the S ecretariat for the organi sation of the October workshop . China welcomed  the upcoming 
communication from the LDC Group and  looked forward to future discussions.  
3.18.   The representative of Switzerland  indicated that his delegation was happy to learn from 
Malawi,  speaking on behalf of the LDC Group, at the previous  meeting, that the LDCs  were preparing 
a submission for discussion,  and he thank ed Malawi  for the detailed update at that meeting. 
Switzerland was looking forward to receiving that document and continuing the Council 's work under 
that important item on the basis of that submission. He also thank ed the Secretariat for the 
preparation of a workshop on data improvement s during the next services cluster .  
3.19.   Noting an intervention by Bangladesh at the previous  meeting and a follow -up from 
Switzerland, he referred to the statistics collection  by the OECD  under the Balanced Trade in Services 
dataset (BaTIS). Referring to the website containing the statistics, he noted that both services import 
and export statistics were available, including for many LDCs. Moreover, the website contained a 
filter that allowed the user to select service sectors, for example , transport, tourism, construction or 
financial services.  He hoped that the information was useful to Bangladesh and might also be a 
contribution for the Secretariat in its preparation for the f orthcoming workshop.  
3.20.   The representative of the European Union  reiterated the importance of both developed and 
developing countries assisting LDCs  in strengthening their economies, including their services trade. 
The European Union stood ready to engage in discussions on the Waiver that the LDCs deemed 
useful and looked  forward to their upcoming written submission . The European Union was also 
lookin g forward to the seminar on the collection of data that would  be organi sed in October.  
3.21.   The Chairperson  suggest ed that the Council take note of the statements made and  said that 
the Council w ould revert to that item at its next meeting.  
3.22.   It was so agreed . 
4  ITEM D: WORK PROGRAMME ON ELECTRONIC COMMERCE  
4.1.  The Chairperson  recalled that, at the last meeting, many delegations had referred to, and had 
expressed their support for, the dedicated discussions under the General Council, which they had 
found valuable. Members had also addressed a document compiling the experiences Members had 
shared most recently in t he Council  under the Work Programme.  
4.2.  The representative of China  support ed the implementation of the MC12 Ministerial Decision o n 
the Work Program me on Electronic Commerce by actively participating in the dedicated discussions 
as well as the discussions i n relevant WTO bodies , including that Council. China called on  all Members 
to continue the experience -sharing at the WTO.  
4.3.  China thanked  the Secretariat  for its  efforts in organi sing a two -day workshop earlier that 
month, in which  experts from other intern ational organi sations and Members had held in -depth 
discussions on important issues such as consumer protection, digital divide, the Moratorium and 
legal framework. Such an  exercise help ed Members  to further understand the latest development s 
and strengthe n international cooperation. China suggest ed that more information -sharing events be 
organi sed in the future.  
4.4.  The representative of Jamaica  noted that his delegation had been actively participating in and 
monitoring the discussions under the Work Program me on Electronic Commerce. The workshop on  
June 1 and 2,  which had included presentations from international organi sations , provided useful 
insights to guide Members'  further work leading up to MC13.  Jamaica wishe d to use the opportunity 
to update the Council  on two recent  developments at the national level , the Jamaica Business 
Gateway (JBG) and the Jamaica Digital Exchange (JAM -DEX).  
4.5.  In 2022, the Bank of Jamaica commenced a phased roll -out on Jamaica 's first Centr al Bank 
Digital Currency (CBDC), the Jamaica Digital Exchange (JAM -DEX). JAM -DEX was aimed at S/C/M/154  
 
- 15 - 
 
  facilitating greater financial inclusion and support ed Jamaica 's transformation into a digital economy. 
Currently, the National Commercial Bank offer ed JAM-DEX th rough Lynk, which was its digital wallet. 
As of 18 February  2023, the total number of JAM -DEX customers onboarded by Lynk was 190,000, 
comprising 185,410 individuals, 90 small merchants, and 4 ,500 micro merchants.  
4.6.  During the current fiscal year 2023/2024, the Government of Jamaica would  introduce two new 
incentive programmes to encourage greater take -up of the JAM -DEX, the Small /Micro  Merchant 
Incentive Programme,  and the Wallet  Holder  – Individuals Loyalty Programme. The Small Merchant 
JAM-DEX Incentive Pr ogramme targeted  small merchants, who operate d in industries such as 
restaurants, gas stations, and personal  care services. Merchants who were on-boarded would  also 
receive a "JAM-DEX Accepted Here " sticker for display at their locations. For the Wallet Ho lder – 
Individuals Loyalty Programme, users of JAM -DEX would  receive loyalty points that could  be 
redeemed for select purposes, including receiving cash back. The loyalty funds earned would  be 
applied to the user 's wallet at the end of each month.  
4.7.  Jamaica Business Gateway (JBG)  was another innovative initiative that would  have a 
transformative impact on Jamaica's business landscape. Launched on 17 May 2023, the online portal 
serve d as a centrali sed platform that offer ed a wide range of services, inf ormation, and resources 
to support businesses, entrepreneurs, and investors. One key advantage of the JBG was its seamless 
and user -friendly interface, which simplifie d the process of starting and operating a business. The 
portal allow ed entrepreneurs to c omplete business registration processes online, reducing the time 
and effort required to establish a business.  
4.8.  JBG also serve d as a comprehensive resource hub, providing valuable information and guidance 
to businesses. Users could  access information on leg al requirements, licensing and permits, tax 
information, market intelligence, and business support services. That would  enable faster decision -
making and help businesses to stay up to date with the latest government regulations and policies. 
Jamaica would  continue to bolster its national efforts to improve its business environment and drive 
economic growth.  
4.9.  The representative of India wished to share her delegation's  experience on the facilitation of 
electronic transactions. The Government of India ran a program by the name of "Digital India " which 
provide d the building block of the economic framework that promote d electronic transactions across 
all domains in the country. Launched in 2015, Digital India was the flagship program of the 
Government with a visi on to transform India into a digitally empowered  society and knowledge 
economy. Digital India was centred on three key vision areas.  
4.10.   The first  key vision area , digital infrastructure was a core utility to every citizen  and include d 
the availability of high -speed internet as a core utility for the delivery of services to the citizens ; the 
cradle -to-grave digital identity, that was unique, lifelong, online and authenticable to every citizen; 
mobile phone and bank account s enabling cit izen participation in digital and financial space; easy 
access to common service centre; shareable private space on a public cloud; and safe and secure 
cyberspace.  
4.11.   The second key vision area was the governance and services on -demand, which seamlessly 
integrated services across departments or jurisdictions and provide d availability of services from 
online and mobile platforms  in real time . All citizen entitlements were portable and available on the 
cloud . It digitally transform ed services for improving the e ase of doing business and made  financial 
transactions electronic and cashless  and leverage d geospatial information systems that was the GIS 
for decision support systems and development .  
4.12.   The third key vision area was the digital empowerment of citizens, wh ich provide d universal 
digital literacy and universally accessible digital resources, availability of digital resources or services 
in Indian languages and collaborative digital platforms for participative governance. She further 
elaborated on those  initiatives in the following . 
4.13.   Regarding  the infrastructure interventions, there were again three sub -components. Firstly , 
as had already been mentioned, the Aadhaar identity platform, which was one of the key pillars of 
Digital India, where every resident was provided with a unique identity or the  so-called  Aadhaar 
number. T hat was t he largest biometric -based identification system in the world. Aadhaar was a 
strategic policy tool for social and financial inclusion, public sector delivery reforms, managing fiscal S/C/M/154  
 
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  budgets, increasing convenience,  and promot ing hassle -free, people -centric governance. More than 
1.37 billion Aadhaar numbers had been generated si nce its inception, and in some months, there 
were up to 2 billion Aadhaar -based authentications supporting digital transactions.  
4.14.   The second component was Bharat Broadband Network Limited, which was a special purpose 
vehicle set up under the Companies Act b y the Government and mandated to create the National 
Optical Fibre Network (NOFN ) in India. A total of around 250,000 village local bodies around the 
country were to be covered by laying incremental fibre.  
4.15.   The third component was the Common Services Centre , which were the access points for 
delivery of essential public utility services, social welfare schemes, health care, financial, education 
and agricultural services, apart from a host of B2C services to citizens in rural and remote areas of 
the country. I t was a pan -Indian network catering for the  geographical, regional, linguistic,  and 
cultural diversity of the country, thus enabling the Government's mandate of a socially, financially,  
and digitally inclusive society. There were more than 450,000 Common S ervices Centres working 
across the country.  
4.16.   The second key vision area for Digital India was about the governance and services pillar, 
which was based on India's digital public infrastructure, a topic on which it had earlier presented a 
paper , contained in WT/GC/W/863 . Digital public infrastructure  (DPI)  referred to the kinds of digital 
systems which had a society -wide use and were interoperable ; that was  the ability to combine with 
other and additional systems allowing them to be built upon to create new applications or use cases.  
The aspects of public in digital infrastructure  mean t that it had to have the classical characteristics 
of non -excludability a nd non -rivalry  in consumption.  
4.17.   Next was  India Stack , which  was at the heart of India's digital transformation, described as a 
set of DPIs that allow ed governments, businesses, start-ups, and developers to utili se a unique 
digital infrastructure to solve In dia's problems towards presence -less, paperless,  and cashless 
service delivery. It ha d allowed for the creation of a variety of services towards a more digitally 
inclusive society. Some examples of DPIs in India Stack include d Sugamya Bharat Abhiyan, deliv ered 
via the Accessible India App. It was a nationwide flagship campaign for achieving universal 
accessibility that enable d differently abled people to gain access for equal opportunity,  live 
independently and participate fully in all aspects of life in an  inclusive society.  
4.18.   Secondly, the Agri Market App had been developed with an aim to keep farmers  abreast with 
the crop  prices and discourage them to carry out distress sales. Farmers could  get information 
related to the price of crops in the markets within  50 kilometre  of their own device location using 
the app. 
4.19.   Thirdly, the Bharat Interface for Money  (BHIM ), which was  an app that made payment 
transactions simple, easy,  and quick, using a unified payment interface. It enable d direct bank -to-
bank payments instantly and collect ed money using a mobile number or payment address.  
4.20.   Next was the  COVID -19 Vaccine Intelligence Network  (CoWIN ), which was the digital 
backbone of India's rapidly expanding and one of the world's largest COVID -19 vaccination 
programs. It was a scalable, inclusive,  and open platform for universal vaccination and enable d 
monitoring of vaccine utili sation, coverage,  and wastage throughout the system. The citizen -centric 
solution facilitate d registration and booking of appointments f or vaccination, regular reminders and 
communication, provision of vaccination certificates for the citizens , and help ed program managers 
and vaccinators to create and manage sessions, develop reports,  and monitor progress. More than 
2.2 billion COVID -19 va ccine doses administered in India were recorded on that platform.  
4.21.   Another aspect of the DPIs was the Crime and the Criminal Tracking Network and Systems, 
which aim ed at creating a comprehensive and integrated system for enhancing the efficiency and 
effect iveness of policing  through adopting of principles of e -governance and the creation of a 
nationwide networking infrastructure for the evolution of IT -enabled state -of-the-art tracking 
system s around criminal investigations.  
4.22.   There were a few more focus area s of the DPI's , including  e-Granthalaya, a library 
management software, used for automation of in -house activities of libraries and to provide online 
member services . The software provide d a built-in web interface to publish the library catalogue S/C/M/154  
 
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  over the internet. Its unique feature was the software Unicode. That was  Unicode compliant,  and it 
support ed the data entry in local languages, which was very important for a diverse linguistic country 
like India.  
4.23.   Another example was Open Network for Digital Commerce  (ONDC) , which was an initiative 
aimed at promoting open networks for all aspects of exchanges of goods and services over digital 
or electron ic networks. ONDC was based on an open-source  methodology using open specifications 
and open network protocols , independent of any specific platforms. Thus, ONDC went beyond the 
current platform -centric digital commerce model, where the buyer and the selle r had to use the 
same platform or application to be digitally visible and do a business transaction. ONDC protocols 
with standardi sed operations like cataloguing, inventory management, order management and order 
fulfilment. Thus, small businesses would be able to use any ONDC -compatible application instead of 
being governed by specific platform -centric policies. It would  also democrati se e-commerce levelling 
the playing field for SMEs and micro entrepreneurs. In a short timeframe, more than 25 '000 
businesse s had joined ONDC.  
4.24.   The last example of DPI's was the Unified Payment Interface  (UPI) , which was a  real-time 
payment system that ha d been a game changer for SMEs . UPI enable d anyone with a bank account 
to make a real -time digital payment using a mobile devi ce. It had the ideal characteristics of having 
an interoperable architecture, collaborative approach in development between the public and the 
non-government sector and a modular design. The meteoric rise in adoption of digital payments ha d 
been at the for efront of revolutioni sing e-commerce in India.  
4.25.   The third key vision area under Digital India was  the digital empowerment, which was 
achieved through platforms that leverage d a combination of DPIs. There was  an account aggregator 
framework which usher ed in a new area for data governance in India. Open Credit Enablement 
Network was a new paradigm for the credit that sought  to provide a common language for lenders 
and marketplaces to build innovative financial credit products at sale.  
4.26.   There was eSanjeevani, India's national telemedicine service, which was also a step towards 
digital health equity to achieve universal health coverage. The eSanjeevani facilitate d quick and easy 
access to doctors and medical speci alists from smartphones.  
4.27.   The eSign was an online electronic signature service which could  be integrated with the service 
delivery applications via a  DPI to facilitate an e Sign user to digitally sign a document.  It was an 
online service for electronic sign atures without using the physical cryptographic token. Application 
service providers use d e-know -your-customer services to authenticate signers and facilitate digital 
signing of the documents.  The eSign process include d signer's consent, digital signature certificate 
issuance request, digital signature creation and affixing, as well as digital signature certificate 
acceptance, in accordance with the provisions of the Information Technology Act . A comprehensive 
digital audit trail inbuilt to confirm the vali dity of transactions was also preserved.  
4.28.   Next was  the MyGov platform , which was a unique first -of-its kind participatory governance 
initiative involving the common citizen at large. The idea of MyGov brought  the Government closer 
to the common citizen by the use of an online platform creating an interface for a healthy exchange 
of ideas and views, with the ultimate goal to contribute to the social and economic transformation 
of India.  
4.29.   Next was the  One Nation One Ration Card program, which computeri sed the targeted public 
delivery systems in the country bringing food security to all citizens. That technology -driven system 
of portability was implemented in all states and union territories which integrate d the installed 
infrastructure of electronic point of s ales devices at the fair price shops and seeding of beneficiaries' 
Aadhaar numbers with their ration cards.  
4.30.   Finally, there was  the OpenForge, which was the Government of India's platform for open 
collaborative development of e -governance applications. Through that platform, the Government 
wanted  to promote the use of open-source  software and the sharing and reuse of e -governance 
related source code s.  
4.31.   Through that comprehensive bouquet of Digital India construct, the Government ensure d trust 
between the parties in electronic transactions, ensure d consumer protection and fuel led digital , S/C/M/154  
 
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  financial,  and service delivery innovation for the private sector to build on top of the national 
infrastructure.  
4.32.   While  there were many success stories on that topic, the most visible one  was a story on 
digital payments which kept getting better each month. In April 2023, the United Payments 
Interface 's (UPI)  transactions had reached a new high of 890 crores , which was 8.9 billion 
transactions  and a 59% increase compared to  the previous April. The value of those  transactions 
had also increased over the previous  year by 49% to rupees 14.07 lakh crores , which was more 
than 17 0 billion dollars. That was the first month of the financial year 2023/24, and India hoped that 
the year would close  with almost  2 trillion digital payments, which was the backbone of electronic 
transactions in India.  
4.33.   The representative of New Zealand  welcome d the increased engagement taking place under 
the Work Programme on Electronic Commerce. Being geographically isolated from other markets, 
New Zealanders had been e arly adopters and users of electronic commerce as both exporters and 
consumers. With such high level of use, there was a need to enhance protection for those engaging 
in electronic commerce, including in relation to trade in services.  New Zealand had  sough t to do that 
by including consumer protection provisions in its recent trade agreements. Th ose were often 
included in digital trade chapters, but sometimes also as a complementary stand -alone chapter , as 
in the New Zealand -United Kingdom  FTA, which applie d across the agreement, including to the 
services chapters .  
4.34.   New Zealand consider ed that digital trade could  play a unique role in promoting inclusive 
development and trade for all people, including indigenous peoples, women, rural communities and 
micro, sm all, and medium -sized enterprises.  To sum up, New Zealand remain ed committed to the 
reinvigoration of the Work Programme on Electronic Commerce , including the Moratorium on the 
imposition of customs duties on electronic transmissions. New Zealand was a strong supporter of 
the continuation of the Moratorium which was a regular topic of interest for its services stakeholders 
and look ed forward to engaging with a range of Members on that topic.  
4.35.   The representative of Australia  was pleased by the activities conducted so far under the Work 
Programme on E lectronic Commerce. That year, Australia  consider ed that Members had had the 
opportunity to look very closely at some key and interesting issues and meet the goal of intensified 
discussions that had been set forth by Ministers at MC12. Australia  noted that most topics had 
stimulated fulsome discussion on how to support developing and least -developed Members to benefit 
from the e -commerce economy . Australia looked forward to continuing the discussions on e -
commerce in the Work Programme setting.  
4.36.   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.  
4.37.   It was  so agreed . 
5  ITEM E: UPDATE OF THE SECRETARIAT BACKGROUND NOTE ON MODE 4 – REQUESTED 
BY INDIA  
5.1.  The Chairperson  indicated that the item had been added to the agenda of the Council at the 
request of the delegation of India.  
5.2.  As had been emphasised by her delegation on several previous occasions , the representative 
of India reiterated its request for an update of the Secretariat Background Note on Mode 4  and also 
supported Secretariat work on intermodal linkages.  
5.3.  In paragraph 10 of the MC12 Outcome Document, Ministers had acknowledged "the need t o 
facilitate the increasing participation of developing Members, including LDCs, in global services trade, 
including by paying particular attention to sectors and modes of supply of 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, gained further justification in light of the 
guidance provided by Ministers at MC12.   S/C/M/154  
 
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  5.4.  Specifically for mode 4, India had identified some of the possible ar eas 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 sep arate modal Background Notes. India was of the view that 
having an intermodal  linkage Note made no sense without first updating the modal Notes.  
5.5.  The representative of the United States  reiterated that there was little utility in having the 
Secretariat upda te its 2009 Note, most of which focused on describing mode 4 categories  of 
temporary entry , levels of commitments and MFN exemptions. There seemed to be little that could 
be added that would make a new Mode 4 Note useful. However, the United States had suggested a 
possible new paper to examine intermodal linkages, and to avoid using Secretariat resources on a 
project that had been done before . 
5.6.  The representative of Bangladesh  support ed India's request  for an updated  Secreta riat Note 
(S/C/W/301 ) to better understand the current situation and commitments by Members on th at 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 .  
5.7.  Bangladesh  had pointed out  that in paragraph 10 of the MC12 Outcome  Document , Ministers  
had acknowledge d the need 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. 
5.8.  Bangladesh also support ed 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 welcome d 
any future discussion among Members  on th at issue and register ed its interest to be a part of that 
conversation.  
5.9.  The Chairperson  thanked Members for the exchange and suggested that the Council take note 
of the statements made.  
5.10.   It was so agreed . 
6  ITEM F: CYBERSECURITY MEASURES OF CHINA AND VIET NAM – REQUESTED BY JAPAN 
AND THE UNITED STATES  
6.1.   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.  
6.2.  The representative of Japan  indicated that the Cyber security Law, Data Security Law, Personal 
Information Protection Law, and related laws and regulations, which were the core of China's 
cybersecurity measures, were unclear on the definition and operation of the data to be covered, and 
the specific procedure s for the cross -border transfer were also extremely unclear. Such ambiguity 
left room for arbitrary operations by the authorities and risked discouraging foreign operators,  
increasing the cost of business activities, and undermining legitimate interests un reasonably.  
6.3.  The laws and regulations proposed by China should be more specific and clearer , and the 
provisions restricting data distribution should be applied to the minimum extent necessary and in a 
manner that did not constitute a disguised restriction o n trade. Japan was  seriously concerned that 
the development of related laws and regulations ha d continued to proceed without any special 
allowances or improvements, despite Members, including Japan, having repeatedly expressed such 
concerns at the Council . 
6.4.  Since the previous  Council meeting , Japan had submitted public comments  in May  on the 
"Information Security Technology Personal Information Cross -Border Transfer Certification 
Requirements". In particular, Article 6.2 stipulate d the responsibilities and obligations of personal 
information processors and foreign recipients. That provision could have a significant impact on 
foreign operators, especially those who need ed to transfer personal information outside China. 
Depending on its implementation, foreign businesses might  be treated unfairly, which might  violate 
the National Treatmen t obligation under Article XVII of the GATS. In light of that, Japan  request ed 
that it be implemented consistently with the GATS.  S/C/M/154  
 
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  6.5.  In May, Japan had also submitted public comments on the "Measures for the Management of 
Generative Artificial Intelligence Ser vices". Article 17 stipulate d that service suppliers were obliged 
to provide extensive information to the Government agencies and Article 20 stipulate d the penalties 
for violating the provisions. However, it was not clear which cases would contravene the p rovisions. 
If foreign companies were treated unfairly compared to Chinese companies, it might  violate the 
National Treatment obligation under Article XVII of the GATS, and Japan  request ed that foreign 
companies not be treated unfavourably . 
6.6.  Japan expect ed China to once again ensure GATS consistency of its related laws and 
regulations. Moreover, from the perspective of ensuring the transparency of procedures, it was 
expected that the relevant laws and regulations would  be developed after taking into account a  wide 
range of domestic and international opinions in the form of public comments and  making allowances 
for and improving the concerns of countries, including Japan.  
6.7.  Japan had repeatedly expressed concerns in previous Council meetings about Viet Nam's 
cybersecurity measures. While he would not repeat detailed points at that meeting, he noted that 
the Cyber security Law Enforcement Decree No. 53, which had come into effect in October 2022, 
imposed on foreign businesses the obligation to store data domesticall y and the obligation to open 
a branch or representative office in Viet Nam. Depending on its implementation, foreign businesses 
might be effectively treated unfavourably in comparison to Vietnamese domestic businesses, which 
might violate the National Trea tment obligation under Article XVII of the GATS.  
6.8.  Japan noted the Vietnamese Government's willingness to take into account various 
stakeholder's opinions from the perspective of ensuring the transparency of procedures. However, 
measures to restrict data dis tribution should be implemented to the minimum extent necessary to 
achieve legitimate objectives and in a manner that was not overly trade restrictive, and Japan  
reiterate d its request that Viet Nam ensure the consistency of th ose measures with the GATS.  
6.9.  The United States  had raised concerns in the Council that various Chinese measures, including 
China 's Cybersecurity Law, Data Security Law, and Personal Information Protection Law, and 
implementing measures for those Laws restrict ed cross-border data flows  and require d localisation 
of data.  Unfortunately, despite concerns raised by Members, China continue d to implement those  
measures in a manner that put constraints on the ways in which international companies operate d 
around the world.  
6.10.   Regarding the transf er 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 jurisdictions 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 disadvantaged foreign suppliers and did not enhan ce protection for personal information.  
6.11.   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 contract s 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 " 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 Personal 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.  
6.12.   The framework of laws and implementing measures that China ha d developed for cross -border 
data flows continue d to rai se great concerns for many stakeholders . The United States  urged China 
to revise its regime to take account of th ose concerns.  
6.13.   Viet Nam's 2018 Law on Cybersecurity and Decree No. 53 continue d to generate significant 
concerns among a wide range of foreign and domestic service suppliers.  As mentioned previously, 
the Decree contain ed ambiguity regarding which companies would be subject to its requirements, 
and the impact on foreign enterprises operating in Viet  Nam with local partners or through 
subsidiaries of foreign companies.  S/C/M/154  
 
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  6.14.   In addition, the United States  understood that,  since the Council's previous meeting , Viet Nam 
issued the final Personal Data Protection Decree (PDPD)  on 17 April 2023,  which would  be 
implemented on 1 July 2023. That Decree include d notification requirements to the Ministry of Public 
Security of cross -border transfers of personal data. It was unclear whether that requirement applie d 
to all international data transfers.  His delegation  was also  concerned that that provide d very little 
transition time for impacted companies before the rules enter ed into effect the following  month. The 
United States 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.  
6.15.   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 th e 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 not apply to Decree  No. 53. 
6.16.   The representative of Australia  echoed Japan  and the United States . Her delegation  continue d 
to have concerns regarding China 's and Viet  Nam's cybersecurity measures, as reflected in its 
previous statements at that Council . 
6.17.   The representative of the European Union  reiterated  her delegation 's concerns regarding the 
cybersecurity measures in China and the ir implementation . China's cybersecurity framework 
include d requirements and special obligations that concern 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 equipment and speciali sed network security products . 
6.18.   China's interpretation of w hat 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 locali sation requirements. The resulting requirements therefore posed a 
significant burden on foreign companies . The European Union  encourage d China to define its 
cybersecurity measures as narrowly as possible and to ensure that they did not constitute a market 
barrier.  
6.19.   As regards the Vietnamese cybersecurity measures, the European Union  remained equally 
concerned by Decree  No. 53 that entered into force in October  2022. The Decree provide d for data 
localisation as well as local presence requirements through the establish ment of branches and 
representative offices of foreign businesses , subject to certain requirements.  
6.20.   The E uropean Union believe d that trade should not be restricted by applying data locali sation 
and local presence re quirements. They impos ed significant cos ts 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.  
6.21.   The representative of Canada  said that , at the previous meeting , her delegation had already 
expressed its concerns about the cybersecurity measures of China and Viet  Nam. She thanked Japan 
and the United  States for having put that item on the agenda. She also thanked the European  Union, 
Japan and the United  States for  the points raised, which were altogether relevant, and Canada was 
awaiting replies from the Members affected by that matter.  
6.22.   The representative of New Zealand  reiterated that, as had been stated in previous Council 
meetings, his delegation  continue d to have a strong interest on the implementation of China 's 
cybersecurity measures. While New Zealand recognise d the right of Members to take measures in 
order to protect legitimate matters of public policy, New Zealand also encourage d all Members to 
ensur e that domestic legislation align ed with international trade commitments and to minimise  any 
adverse or trade restricting impacts. In particular, New Zealand encourage d China to implement 
more narrow and focused definitions that allow ed operat ors a clear u nderstanding of the rules under 
which they would  be operating. New Zealand  continue d to seek further clarity on how th ose 
cybersecurity measures would  be implemented and  encourage d China to implement its regulations 
in a manner consistent with its obligati ons under  the GATS.  S/C/M/154  
 
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  6.23.   The representative of China  thanked  Members who ha d taken the floor for their continued 
interest in China 's regulatory measures related to cybersecurity. China ha d already responded to 
Members ' remarks and questions at several previous meetings.  Those  legislations were not intended 
to hinder cross-border data flow s, nor to restrict international trade, but to support and encourage 
the flow  and sustainable application of business data. China had always been abiding by international 
rules and earnestly fulfilled its GATS commitments and  reiterate d its willingness to work closely with 
other Members and their stakeholders to promote the healthy development of the global digital 
economy.  
6.24.   The representative of Viet Nam thanked Japan, the United States, and other Members for 
their continued interest in the implementation of Viet Nam's Law on Cybersecurity. H e referred to 
his delegation 's previous statements concerning Decree 53 /2022/ND -CP to implement certain 
articles of the Law on Cybersecurity , delivered  at previous  Council meetings.  
6.25.   Viet Nam  reiterate d that the regulations to implement the Law were clear, non-discriminatory  
and proportionate to Viet Nam 's security concerns. He believe d that they d id not hinder the flow of 
data nor create d an additional burden if businesses compl ied with the Vietnam ese laws on 
cybersecurity . However, Viet Nam  was open to h aving consultations with interest ed Members to 
clarify issues of concern.  
6.26.   He informed the Council  that the Government of Viet Nam had promulgated  Decree 
13/2023/ND -CP on  Personal Data Protection  on 17 April 2023 , aiming at effectively protecting 
personal data in Viet Nam, and minimi sing the risks and consequences of personal data breaches. 
It was the result of nearly three  years considering  and studying best practices in the world in that 
important issue and intensive consultations with domestic and foreign stakeholders. In the proces s 
of formulating that Decree, the Drafting Committee ha d taken into account the characteristics, 
conditions, and requirements of Viet Nam, as well as ensur ing compliance with the provisions of 
international laws and international treaties to which Viet Nam  was a party.  
6.27.   The Chairperson  suggested that the Council take note of the statements made.  
6.28.   It was so agreed . 
7  ITEM G: 5G-RELATED MEASURES OF AUSTRALIA – REQUESTED BY CHINA  
7.1.  The Chairperson  indicated that the item had been added to the agenda of the Council at the 
request of the delegation of China.  
7.2.  The representative of China  recalled that his delegation had raised concerns several times  at 
previous meetings  regarding Australia 's 5G-related  restrictive measures . However, the related issues 
had yet to be effectively addressed  as Australia 's 5G-measures severely restricted Chinese services 
suppliers ' usual business operations in Australia and were inconsistent with Australia's obligations at 
the WTO. China urged Australia to rectify the discriminatory practices as soon as possible . 
7.3.  The representative of Australia  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 that other Members had made similar 
decisions on equipment for natio nal 5G networks in their n ational interest. Australia reiterated that 
its position on 5G networks was country -agnostic, transparent , risk-based, non -discriminatory and 
fully WTO consistent.  
7.4.  The Chairperson  suggested that the Council take note of the statem ents made.  
7.5.  It was  so agreed . 
8  ITEM H: MEASURES OF THE UNITED STATES RESTRICTING TRADE IN SERVICES – 
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.  S/C/M/154  
 
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  8.2.  The representative of China  recalled that his delegation had expressed concerns on various  
trade -restrictive measures  taken  by the United States  at previous Council meetings . However, 
unfortunately, those measures were still in place and more restrictive measures were emerging, 
both at the federal and local level . Through those measures, t he United States  continue d to abuse 
the concept of national  security. Those  measures ha d an obviously restrictive  impact and violated 
the legitimate rights and interests of Chinese service suppliers and consumers, including US users. 
China  once again urge d the United States  to stop the unreasonable and unnecessary  restrictions on 
cross-border trade in services and  live up to its obligations under the GATS.  
8.3.  The representative of the United States  recalled  that, as stated in p revious meetings of the 
Council, the actions cited by China had been taken to protect the n ational security  of the United 
States . 
8.4.  The Chairperson  suggested that the Council take note of the statements made.  
8.5.  It was so agreed . 
9  ITEM I: MEASURES OF INDIA RESTRICTING T RADE IN SERVICES – REQUESTED BY 
CHINA  
9.1.  The Chairperson  indicated that the item had been added to the agenda of the Council at the 
request of the delegation of China.  
9.2.  The representative of China  stated that , since June 2020, India had taken a series of restrictive 
measures, including banning many applications with Chinese background in the name of national 
security. Those  measures had seriously disrupted Chinese enterprises ' business activities  in India , 
undermined their legit imate interests , and violat ed the basic principles of the WTO as well as India 's 
GATS commitments. China reiterated its concerns and urged India to stop its discriminatory 
measures against Chinese enterprises and to create an open, fair and non -discriminat ory business 
environment for services suppliers from all Members.  
9.3.  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.  
9.4.  The Chairperson  suggested that the Council take note of the statements made.  
9.5.  It was so agreed . 
9.6.  The meeting  was adjourned  
__________