INF/ECOM/25  
 
30 April 2019  
(19-2976) Page: 1/6 
  Original: English  
 
JOINT STATEMENT ON E LECTRONIC COMMERCE  
COMMUNICATION FROM SINGAPORE  
The following communication, dated 30 April 2019, is being circulated at the request of the 
delegation of Singapore . 
_______________  
TEXT PROPOSAL  
1  EXPLANATORY  NOTES  
1.1.  Singapore submits for  consideration the first set of textual proposals for the WTO Joint 
Statement Initiative on E -commerce (JSI) negotiations. The texts are organised according to 
thematic clusters of issues identified in the exploratory discussions: (i) Enabling E -commerce ; 
(ii) Openness and E -commerce ; and  (iii) Trust and E -commerce.  
1.2.  We have excluded Definitions, Scope and General Provisions relating to the proposed disciplines 
below as these would be dependent on the legal architecture and will be determined in the course 
of the negotiations.  
1.3.  The textual proposals below are without prejudice to Singapore 's future negotiating positions 
in the JSI and our right to amend and/or make further textual proposals . 
2  ENABLING E -COMMERCE  
2.1.  This cluster of issues relates to provisions tha t enable and facilitate end -to-end cross -border 
electronic commerce . It encourages the  digitization of customs procedures and trade documentation 
at the border through the adoption of legal frameworks and practices to promote cross border 
exchange. It also  proposes making permanent the moratorium on customs duties on electronic 
transmissions.  
ISSUES/ARTICLES  TEXT PROPOSAL  
Paperless Trading  1. Members shall make publicly available, which may include through a 
process prescribed by that Member, electronic versions of all existing publicly 
available versions of trade administration documents.  
2. Members shall accept the electronic versions of trade administration 
documents as the legal equivalent of paper documents except where:  
(a) there is a domestic or in ternational legal requirement to the 
contrary; or  
(b) doing so would reduce the effectiveness of the trade 
administration process.  
The Parties shall cooperate bilaterally and in international forums to enhance 
acceptance of electronic versions of trade adm inistration documents.  INF/ECOM/25  
 
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  ISSUES/ARTICLES  TEXT PROPOSAL  
3. In developing initiatives which provide for the use of paperless trading, 
Members shall endeavour to take into account the methods agreed by 
international organisations.  
Moratorium on Customs 
Duties on Electronic 
Transmissions  1. Members shall not impose customs duties on electronic transmissions, 
including content transmitted electronically, between a person of a Member 
and a person of another Member.  
2. For greater certainty, paragraph 1 shall not preclude Members from 
imposing  internal taxes, fees or other charges on content transmitted 
electronically, provided that such taxes, fees or charges are imposed in a 
manner consistent with WTO Agreements.  
Domestic Electronic 
Transactions Framework  1. Members shall maintain a legal fr amework governing electronic 
transactions consistent with the principles of the UNCITRAL Model Law on 
Electronic Commerce 1996 or the United Nations Convention on the Use of 
Electronic Communications in International Contracts , done at New York, 
23 Novembe r 2005.  
2. Members shall endeavour to:  
(a)  avoid any unnecessary regulatory burden on   electronic 
transactions; and  
(b)  facilitate input by interested persons in the development of 
its legal framework for electronic transactions.  
Electronic Authentication and 
Electronic Signatures  1. Except in circumstances otherwise provided for under its laws and 
regulations, Members shall not deny the legal validity of a signature solely on 
the basis that the signature is in electronic form.  
2. Members sha ll not adopt or maintain measures for electronic 
authentication that would:  
(a) prohibit parties to an electronic transaction from mutually 
determining the appropriate authentication methods for 
that transaction; or  
(b)  prevent parties to an electronic t ransaction from having the 
opportunity to establish before judicial or administrative 
authorities that their transaction complies with any legal 
requirements with respect to authentication.  
3. Notwithstanding paragraph 2, a Member may require that, for a 
particular category of transactions, the method of authentication meets 
certain performance standards or is certified by an authority accredited in 
accordance with its laws and regulations.  
4. Members shall encourage the use of interoperable electronic 
authentication.  
Electronic Invoicing  1. Members recognise the importance of an e -invoicing system which 
would help improve the speed and reliability of electronic commerce 
transactions.  
2. Members shall work towards mutually recognising the e -invoicing 
system of other Members and encourage interoperability between the 
Members ' e-invoicing systems.  INF/ECOM/25  
 
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  ISSUES/ARTICLES  TEXT PROPOSAL  
Electronic Transferrable 
Records  1. Members recognise the importance of accepting the legal validity of 
electronic transferable records which are functionally equivalent to 
transferrable documents and instruments.  
 2. To this end, Members shall work towards the mutual recognition of 
electronic transferable records consistent with the principles of the UNCITRAL 
Model Law on Electronic Transferable Re cords (2017).  
 
3  OPENNESS AND E -COMME RCE 
3.1.  This cluster of issues relates to provisions that promote openness and respond to the growing 
digitalisation  of trade. Information and data flows increasingly underpin all transactions and without 
which  trade will not be possible or will be severely  encumbered. It is therefore important for the 
E-commerce agreement to address information and data flows, to create an open and supporting 
environment for trade in the digital economy.  
ISSUE/ARTICLES  TEXT PRO POSAL  
Cross Border Transfer of 
Information by Electronic 
Means  1. Members recognise that each Member may have its own regulatory 
requirements concerning the transfer of information by electronic means.  
2. Members shall allow the cross -border transfer of information by 
electronic means, including personal information, when this activity is for the 
conduct of the business.  
3. Nothing in this Article shall prevent a Member from adopting or 
maintaining measures inconsistent with paragraph 2 to achieve a legit imate 
public policy objective, provided that the measure is not applied in a manner 
which would constitute a means of arbitrary or unjustifiable discrimination or 
a disguised restriction on trade.  
Location of Computing 
Facilities  1. Members recognise tha t each Member may have its own regulatory 
requirements regarding the use of computing facilities, including 
requirements that seek to ensure the security and confidentiality of 
communications.  
2. Members shall not require the use or location of computing facilities in 
its territory as a condition for conducting business in that territory.  
3. Nothing in this Article shall prevent a Member from adopting or 
maintaining measures inconsistent with paragraph 2 to achieve a legitimate 
public policy objective, pro vided that the measure is not applied in a manner 
which would constitute a means of arbitrary or unjustifiable discrimination or 
a disguised restriction on trade.  
 INF/ECOM/25  
 
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  4   TRUST AND E -COMMERCE  
4.1.  This cluster of issues relates to provisions that build trust in the  digital space to promote the 
adoption of e -commerce and facilitate digital trade. Trust is a critical factor in a virtual, digital 
economy and provides the necessary safeguards to free and open information and data flows. The 
following provisions ensure t hat business and consumers ' interests and rights are protected when 
trading in the digital economy.  
ISSUE/ARTICLES  TEXT PROPOSAL  
Business Trust  
Principles on Access to and 
Use of the Internet for 
E-commerce  1. Subject to applicable policies, laws and regulations, Members 
recognise the benefits of consumers in their territories having the ability to:  
(a) access and use services and applications of a consumer 's 
choice available on the Internet, subject to reasona ble 
network management;  
(b) connect the end -user devices of a consumer 's choice to the 
Internet, provided that such devices do not harm the 
network; and  
(c) access information on the network management practices 
of a consumer 's Internet access service su pplier.  
Source Code  1. Members shall not require the transfer of, or access to, source code of 
software owned by a person of another Member, as a condition for the import, 
distribution, sale or use of such software, or of products containing such 
software , in its territory.  
2. For the purposes of this Article, software subject to paragraph 1 is 
limited to mass -market software or products containing such software and 
does not include software used for critical infrastructure.  
3. Nothing in this Article sha ll preclude:  
(a) the inclusion or implementation of terms and conditions 
related to the provision of source code in commercially 
negotiated contracts; or  
(b) a Member from requiring the modification of source code of 
software necessary for that software to comply with laws or 
regulations which are not inconsistent with this Agreement.  
4. This Article shall not be construed to affect requirements that relate to 
patent applications or granted patents, including any orders made by a 
judicial authority in rel ation to patent disputes, subject to safeguards against 
unauthorised disclosure under the law or practice of a Member.  
Consumer Trust  
Unsolicited Commercial 
Electronic Messages (Spam)  1. Members shall adopt or maintain measures regarding unsolicited 
commercial electronic messages that:  
(a)  require suppliers of unsolicited commercial electronic 
messages to facilitate the ability of recipients to prevent 
ongoing reception of those messages;  
(b)  require the consent, as specified according to the laws a nd 
regulations of each Member, of recipients to receive 
commercial electronic messages; or  
(c)  otherwise provide for the minimisation of unsolicited 
commercial electronic messages.  INF/ECOM/25  
 
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  ISSUE/ARTICLES  TEXT PROPOSAL  
2. Members shall provide recourse against suppliers of unsolicited 
commer cial electronic messages that do not comply with the measures 
adopted or maintained pursuant to paragraph.  
3. Members shall endeavour to cooperate in appropriate cases of mutual 
concern regarding the regulation of unsolicited commercial electronic 
messages . 
Personal Information 
Protection  
 1. Members recognise the economic and social benefits of protecting the 
personal information of users of electronic commerce and the contribution 
that this makes to enhancing consumer confidence in electronic commerce.  
2. To this end, Members shall adopt or maintain a legal framework that 
provides for the protection of the personal information of the users of 
electronic commerce. To the extent possible, the legal framework shall take 
into account principles and guideline s of relevant international bodies.  
3. Members shall:  
 (a) afford protection, through the legal framework referred to 
in paragraph 2, to the personal information of users of the 
other Member on a non -discriminatory basis; and  
(b)  adopt non-discriminatory practices in protecting users of 
electronic commerce from personal information protection 
violations occurring within its jurisdiction.  
4. Members shall publish information on the personal information 
protections it provides to users of electronic commerce, including how:  
(a) individuals can pursue remedies; and  
(b) business can comply with any legal requirements.  
5. Recognising that each Member may take different legal approaches to 
protecting personal information, Members shall pursue the development of 
mechanisms to promote compatibility between these different regimes. These 
mechanisms may include the recognition of regulatory outcomes, whether 
accorded autonomously or by mutual arrangement, broader international 
frameworks, or where practicable, appropriate recognition of comparable 
protection afforded by their respective legal frameworks, national trustmark 
or certification frameworks, or other avenues of transfer of personal 
information between the Parties.  
6. To this end, Members shall endeavour to exchange information on any 
such mechanisms applied in their jurisdictions and explore ways to extend 
these or other suitable arrangements to promote compatibility between them.  
Online Consumer Protection  1. Members recognise the importance of adopting and maintaining 
transparent and effective measures to protect consumers from fraudulent and 
deceptive commercial activities, when they engage in electronic commerce.  
2. For the purposes of this Article, fraudulent and deceptive commerci al 
activities refer to those fraudulent and deceptive commercial practices that 
cause actual harm to consumers, or that pose an imminent threat of such 
harm if not prevented, for example, a practice of:  
(a) making a misrepresentation of material fact, includin g an 
implied factual misrepresentation, that causes significant 
detriment to the economic interests of a misled consumer;  
(b) failing to deliver products or provide services to a consumer 
after the consumer is charged; or  INF/ECOM/25  
 
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  ISSUE/ARTICLES  TEXT PROPOSAL  
 (c) charging or debiting a consumer 's financial, telephone or 
other accounts without authorisation.  
3. Members shall adopt or maintain consumer protection laws to 
proscribe fraudulent and deceptive commercial activities that cause harm or 
potential harm to consumers engaged in online commercial a ctivities.  
4. Each Member shall, where possible, provide protection for consumers 
using electronic commerce that is at least equivalent to that provided for 
consumers of other forms of commerce under its relevant laws, regulations 
and policies.1  
5. Members  recognise the importance of cooperation between their 
respective national consumer protection agencies or other relevant bodies on 
activities related to cross -border electronic commerce in order to enhance 
consumer welfare. To this end, Members aff irm that the cooperation sought 
includes cooperation with respect to online commercial activities.  
 
 
__________  
                                                
1 For greater certainty, this requirement does not require formally identical treatment, and may be met  
by providing formally different treatment to online and other consumers, which nonetheless provides an 
effectively equivalent level of overall protection.