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S/C/M/150  
 
14 November  2022 
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Council for Trade in Services    
 
 
REPORT OF THE MEETING HELD ON 14 OCTOBER 2022 
NOTE BY THE SECRETARIAT1 
The Council for Trade in Services held a meeting on 14 October 2022, chaired by  Ambassador Long 
of Cambodia . The agenda was contained in document WTO/AIR/CTS/ 31. 
Under Other Business, the  representative of UNCTAD mentioned that they would provide a brief 
account of their Multi -Year Expert Meeting on Trade, Services and Development, which was held in 
July.  
The Secretariat  also indicated that it would make a brief announcement under Other Business.  
The agenda was a dopted  as modified . 
The representative of the European Union  wished to express its support for Ukraine  and condemned  
Russia's unjustified and illegal invasion of Ukraine. Her delegation was  appalled and shocked by the 
horrific attacks that Russia had launched on Kyiv and other Ukrainian cities earlier that week. The 
indiscriminate targeting of civilians was a war crime and those responsible would be brought to 
justice. The EU rejected and co ndemned the illegal annexation that Russia had engineered in the 
four regions of Ukraine, which once again trampled on the United Nations Charter and the 
international order.  
 
Her delegation called on Russia to immediately cease its military actions, unconditionally withdraw 
all forces from Ukraine, and fully respect Ukraine's territorial integrity, sovereignty, and 
independence.  
 
The European Union would continue to provide it s political, financial, military, and humanitarian 
support for Ukraine in its fight against Russian aggression, and it would do so for as long as it took. 
The European Union stood with Ukrainian people who were fighting for their country, for their future 
as well as the common values of freedom and dignity.  
 
The representative of Australia  echoed the European Union in condemning Russia's unilateral, illegal, 
and immoral aggression against the people of Ukraine. Russia's invasion was a gross violation of 
international law , including the United Nations Charter.  
 
Australia also condemned Russia's illegal annexation of four regions of Ukraine and condemned 
Russia's sham referenda in the occupied areas of the country, brand ing them illegitimate and as 
having no legal effect. The  representative said that the  regions were sovereign Ukrainian territory 
and that President Putin's annexation was illegal and was a dangerous escalation of the situation. 
Any claims that these territori es were now part of Russia were baseless and false.  
 
Australia would continue its support for Ukraine in cooperation with its partners to promote peace 
and security in the region.  
 
 
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/150  
 
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  The representative of Canada  joined previous delegations  in conde mning  Russia's illegal, 
unprovo ked, and unjustifiable actions. Her delegation  also condemned , in the strongest possible 
terms,  Russia's most recent missile strikes against civilian infrastructure and cities across Ukraine.  
Her delegation stated that indiscriminate  attacks on innocent civilian populations constituted a war 
crime, and they would hold President Putin and those responsible to account. Th at hostile  act was a 
blatant violation of international law and the rules -based international system.  
 
Canada did no t and would not recognise Russia's attempted illegal annexation of Ukrainian 
territories. As before, Canada stood in its unwavering support for Ukraine's rights to defend itself 
against Russia's war of aggression.  
 
Joining others, the representative of New Zealand  condemned , unequivocally, Russia 's attempts to 
illegally annex Russia -occupied regions of Ukraine. He stated that Russia 's sham referenda were 
illegitimate  and ha d no legal basis for the acquisition of Ukraine 's territory. Russia 's acts of 
aggres sion were a clear violation of Ukraine 's sovereignty and territorial integrity. New Zealand 
support ed collective action s by the international community to denounce the egregious and unlawful 
actions taken by Russia.  
 
The representative of Iceland  joined others in condemning , in the strongest possible terms , the on-
going illegal invasion of Russia in Ukraine.  
 
The representative  said that the recent attacks by Russia to annex Ukrainian territory demonstrated 
yet anothe r grave example of its violation of international law, including the UN Charter, as well as 
international norms. These were core principles upon which the WTO was built. Iceland continued to 
support and stand with Ukraine, and , once again called on Russia to cease its aggression and 
immediately remove its forces from internationally recognized Ukrainian territory.  
 
The representative of Japan  stated that his delegation joined other  Members  in condemning Russia's 
aggression against Ukraine. The purported in corporation of four states in Ukraine that had been 
forcibly put under Russia's temporary control by its aggression was nothing but an attempt to acquire 
territory by force and went against international law, including the United Nations Charter. Such 
attempts were invalid and went diametrically against the principle of the rule of law in the 
international community.  
 
His delegation also condemned the most recent Russian missile attacks against civilian infrastructure 
and cities across Ukraine. Once again,  Japan strongly urged Russia to immediately stop the 
aggression and withdraw its forces from the territory of Ukraine within its internationally recognized 
borders.  
 
In cooperation with the international community, Japan would also continue to work firmly  on the 
two pillars of imposing strong sanctions against Russia and supporting Ukraine.  
 
The representative of the Republic of Korea  stated that t he Korean Government strongly condemn ed 
Russia 's armed invasion of Ukraine as a violation of the principles of  the UN Charter. Ukraine 's 
sovereignty, territorial integrity , and independence had to  be respected.  
 
The Korean Government d id not recognize the referenda and Russia 's annexation of the Ukrainian 
territory as legitimate. Russia 's invasion was disrupting the global trade system , including services. 
Many services , such  as travel, transportation, communication and so forth ha d been seriously 
damaged by the invasion.  
 
The representative of Norway  joined others in condemning, in the strongest possible terms, the 
unprecedented military aggression of the Russian Federation against Ukraine. He expressed 
Norway's concerns for the severe destruction and human suffering th at illegal act of aggression was  
causing.  
 
By its unprovoked, unjustified, and premeditated military actions, attempt ing to annex the territory 
of another WTO Member, the Russian Federation  was grossly violat ing international law, the core 
principles on which the international rules -based order was built, including the WTO, and the 
fundamental principles of the UN Charter that had prevailed since World War II. He concluded by S/C/M/150  
 
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  reiterating that Norway stood in soli darity for as long as it took with Ukraine and the Ukrainian 
people.  
 
The representative of Switzerland  said that his country condemned Russia's military aggression 
against Ukraine in the strongest possible terms. Th at military attack was a flagrant violat ion of 
international law, the prohibition of the use of force, and the principle of the territorial integrity of 
States.  
 
Switzerland called on Russia to take military de -escalation measures, to cease hostilities, and to 
immediately withdraw its troops fr om Ukrainian territory. Switzerland would not recognize, under 
any circumstances , the dubious results of illegally organized referenda in the territories of the self -
proclaimed republics of Donetsk and Luhansk and the occupied territories of Kherson and 
Zaporizhzhia. Those so -called referendums were a flagrant violation of the territorial integrity of 
Ukraine. Switzerland did not recognize the integration of Ukrainian territories into the Russian 
Federation.  
 
Echoing the statements of other Members, t he rep resentative of the United Kingdom  condemned 
Russia's actions in the strongest possible terms. Russia's invasion of Ukraine was an egregious 
violation of international law and very rules that the WTO  was based on. That violation was no more 
palpable than th e purported annexation of the four regions of Ukraine. The United Kingdom did not 
and would not accept that. Russia's sham referenda would not be recognised.  
 
The United Kingdom stood with the Government and people of Ukraine for as long as it t ook to 
ensure that their country was liberated.  
 
The representative of Moldova  joined other like -minded Members and added Moldova's' voice of 
support for Ukraine. Moldova reiterated its solidarity with the Ukrainian people and the Government 
of Ukraine. In the stro ngest possible terms, Moldova condemned Russia's war against another WTO 
Member.  
 
Moldova did not recognize any annexation of Ukrainian territories by Russia and called on Russia to 
stop its aggression and withdraw its troops immediately and unconditional ly from the territory of 
Ukraine.  
 
Moldova expressed its serious concerns about the impact of the war in Ukraine and as it had done 
in the previous meeting . Due to th e war, Moldova  faced unprecedented challenges linked to national 
security, energy crisis,  amplified by the spike of inflation. Unfortunately, the situation was becoming 
more alarming. Several Russian missiles, which hit targets in Ukraine on th at Monday morning, 
violated Moldova's airspace. The missiles posed a serious danger to the infrastruc ture of the Republic 
of Moldova and, in particular, to the civil aircrafts that flew over the country's airspace. Such 
violations were completely unacceptable. Moldova considered that incident to be an extremely 
serious one that caused additional tensions.   
 
Moldova would continue to stand firmly by the Ukrainian people, and  called on Russia to respect 
international law and the UN Charter and stop the war and destruction immediately.  
 
The representative of the United States  joined previous delegations in co ndemning  Russia's actions 
in Ukraine.  
 
The United States continue d to support and stand with Ukraine  and condemned Russia's 
premeditated and unprovoked and sustained attack on Ukraine. His delegation called upon Russia 
to immediately cease its use of force against Ukraine and refrain from any further unlawful threat 
or use of force against any United Nations member State.  
 
The United States remained united w ith its allies and partners in its commitment  to ensur e that the 
Russian Government pa id a severe economic and diplomatic price for its further invasion of Ukraine.  
 
The representative of Ukraine  thanked the delegations who had made statements in support of 
Ukraine, as that support was very important for her country in those difficult times. She indicated 
that her delegation would come back with a substantive statement at a later stage in the meeting .  
 S/C/M/150  
 
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  The representative of the Russian Federation  stated t hat a lot of unsubstantiated accusations against 
Russia had been heard  at that meeting , and he wanted to reiterate Russia's position that th at was 
not the right place to repeatedly raise issues, which were out of the scope of the WTO and out of 
the mandate  of the Council.  
 
In the letter of 21 September, the General Council Chair man called for respect of rules 23 and 27 of 
the rules of procedure prescribing th at delegates avoid repe ating statements on issues that had 
already been raised previously. I t was u nfortunate that some Members had chosen to disregard that 
request. Statements regarding the situation in Ukraine had not changed in essence since the last 
Council meeting . Their endless repetition distracted delegations from their joint work on mandated 
issues and was simply disrespectful to other Members.  
 
He also dared to kindly remind the Chairman that he had the right , under rule 17 of the same 
document , to call the speaker to order if his or her remarks were not relevant to the agenda of the 
meeting. He mentioned that th ose issues were not related to th at day's  meeting agenda and scope 
of the Council.  
 
Russia urged all Members to refrain from politiciza tion and disrupting the WTO work. The WTO had 
proved to be an organization that was guided by economic considerations and solid legal standards. 
Regrettably, an ever -increasing pressure for its politicization had already brought numerous 
inefficiencies and  threatened the existence of the Organization as a whole. The crisis in Ukraine 
should be discussed in other appropriate international organizations and diplomatic agencies , such 
as the UN Security Council . Considering political accusations , his delegation  referred to the recent 
statement of the Ambassador Mr Lyakishev delivered to the General Council meeting of 7 October 
2022.   
 
He noted that Russia remained committed to WTO principles and respected the rights of other 
Members. At the same time, Russia was  facing unilateral restrictions implemented directly against 
its freight, insurance, and financial services sectors. Th ose measures represented an unprecedented 
violation of fundamental WTO rules and also provoked energy, food and fertilizer shortages through 
value chain disruptions and were primarily hurting the vulnerable economies. The global economy 
was already suffering from commodity shortages, accelerated inflation and faced the threat of a 
global economic crisis , and this was the resul t of the economic , financial and economic policy of 
major developed economies and of restrictive and discriminative measures against Russia imposed 
by certain Members.  
 
Russia looked forward to participating and engaging constructively in the upcoming dis cussions on 
services trade.  
 
1  ITEM A: NOTIFICATIONS PURSUANT TO ARTICLE S III:3; V:7 AND VII:4 OF THE GATS  
1.1.  With regard to the notifications made pursuant to Article III:3 (Transparency ), the Chairman  
drew the Council 's attention to the communication s receive d from : Ukraine (S/C/N/1102); Thailand 
(S/C/N/1103 and S/C/N/1104), Mauritius (S/C/N/1106 and S/C/N/1107) and t he Separate Customs 
Territory of Taiwan, Penghu, Kinmen and Matsu (S/C/N/1109).  
1.2.   The representative of Ukraine  said that Ukraine remained  transpa rent on its measures within 
the WTO. Despite the ongoing war unleashed by Russia, Ukraine continued to fulfil its notification 
obligation s, in particular on services , and demonstrated its firm  commitment to the fundamental 
rules of the WTO  and readiness fo r further work to fulfil MC12 outcomes on trade in services.  
1.3.  Under th at agenda item, there was a notification from Ukraine according to Article III of the 
GATS regarding the law of Ukraine on "cloud services ". That law aimed to create conditions for the 
processing and protection of data when using the technology of digital accounting and the provision 
of digital services , and specified the features of digital services used by public authorities, as well as 
a more efficient use of public resources through t he implementation of new technologies. That law 
introduced a complex regulatory framework for providing cloud and data centre services for users 
in Ukraine.  
1.4.  Meanwhile, Russia had continued to demonstrate a flagrant disregard for international law and 
the rules-based multilateral trading system for more than seven  months. In addition to the immense 
human toll,  Russia's aggression had led to the destruction of trade routes and logistics systems, and S/C/M/150  
 
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  the disruption of services supply. Direct damage caused to Ukraine's infrastructure during the war 
had already reached USD 115 billion.  
1.5.  Ukrainian law enforcement agencies registered damage or destruction of more than 48 '000 
civilian infrastructure facilities, residential buildings, houses, roads, and bridges; 1 '854 educational 
and 361 medical institutions, 377 cultural and 82 religious buildings and more than 4 '700 water and 
electricity  networks. These numbers did not include the occupied territories to which Ukraine had no 
access. The real level of destruction was much higher. In addition, the fake referend a held at 
gunpoint in the temporarily occupied territories of Luhansk, Donetsk, K herson and  Zaporizhzhia  
regions of Ukraine was yet another Russian crime in the course of that aggression against Ukraine. 
Such actions severely violated the UN Charter and international law.  
1.6.  That performance had nothing to do with the expression of will and had no implications for 
Ukraine's administrative territorial system and its internationally recognized borders. Moreover, 
Russia's missile attacks of 10 and 11 October were of an unprecedented character, hit ting 1/3 of 
Ukraine's energy infrastructure. They also targeted objects of diplomatic missions of foreign 
countries in Kyiv, which was a gross violation of the Vienna Convention on Diplomatic Relations.  
1.7.  The overwhelming majority of the world unequivocally supported Ukraine by adopting , on 
12 October , of the UN General Assembly Resolution that condemned Russia's illegal so -called 
referend a and in regions within Ukraine's internationally recognised borders and demanded that 
Russia reverse its annexation declaration.  
1.8.  She concluded by re iterating  Ukrain e's immense gratitude to its partners for their unwavering 
support. Her delegation called on the WTO Members to continue making every effort in order to limit 
Russia's ability to wage that devastating war , undermine the  multilateral trading system and 
effective implementation of MC12 mandates on trade in services.   
1.9.  The representative of the Russian Federation  reiterate d once again  Russia's position that the 
Council was not the right place to raise issues, which were out of the scope of the WTO.  
1.10.   The Russia n Federation was convinced that the only way was to talk economics, not politics, 
and prevent the violations of multilaterally agreed trade rules. Otherwise, world markets and 
economies, most importantly  those of developing members, would continue to suffe r. 
1.11.   Being forced to respond, he noted that the holding of referend a in the DPR, LPR, Kherson and  
Zaporizhzhia  regions represented the right to self -determination of the people who lived in th ose 
territories. The people, who were mistreated for years, made t heir choice, regardless of whether 
someone liked it or not. Th at was direct democracy in action.  
1.12.   The referend a were held in accordance with international standards. More than 130 foreign 
observers from 28 countries participated. Everyone who wanted to wit ness the process had the 
opportunity  to do so . 
1.13.   The Ukrainian special services organized a series of terrorist acts aimed at the killing of public 
figures, journalists, and scientists, both in Ukraine and in Russia, destroy ing Russia's civilian and 
critical  infrastructure – Turk Stream gas pipeline, Kursk Nuclear Power Plant, Crimean Bridge , etc.  
1.14.   Russian representatives were not allowed to take part in the investigation of explosions at 
international gas pipelines in the Baltic Sea.  
1.15.   Terrorist attacks on to wns in Donbass had been going on for more than eight years. The Kyiv 
regime, by its actions, had actually put itself on the same level as international terrorist groups. So, 
Russia had been forced to respond.  
1.16.   Russia remained committed to WTO principles of non-discrimination and transparency, and  
respect ed the rights of other Members but the consequences of the Ukrainian crisis should be 
discussed in other appropriate international fora.  
1.17.   The Chairman  suggested that the Council take note of the notification  and the statements 
made.  S/C/M/150  
 
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  1.18.   It was so agreed .  
1.19.   With regard to the notifications made pursuant to Article V:7 (Economic Integration), the 
Chairman  drew the Council 's attention to the communication s received from : the Separate Customs 
Territory of Taiwan, Penghu, Kinmen and Matsu (S/C/N/500/Add.1); the United Kingdom and 
Colombia (S/C/N/1024/Add.1); the United Kingdom, Colombia, Ecuador and Peru 
(S/C/N/1028/Add.1); Seychelles (S/C/N/1108); and India and the United Arab Emirates 
(S/C/N/1110).   
1.20.   The Chairman suggested that the Council take note of the notifications  made and that the 
agreements notified be referred to the Committee on Regional Trade Agreements (CRTA) for 
consideration.   
1.21.   It was so agreed . 
1.22.   While on the subject of the Committee on Regional Trade Agreements, the Chairman drew 
Members'  attention to the fact that, at its meeting of 14 -15 November, the CRTA was scheduled to 
consider one regional trade agreement that cover ed services trade, specifically the agreement 
between the Republic of Korea  and Türkiye.  
1.23.   With regard to notifications made pursuant to Article VII:4 (Recognition), he drew delegations' 
attention to the communication  received from Thailand , in document S/C/N/1 105.  
1.24.   The representative of India wished to make a general observation on the issue of transparency 
and drew attention to the submission made by India and other Members  on "Strengthening the WTO 
to promote development and inclusivity",  contained in document WT/GC/W/778/Rev. 5, which inter 
alia highlighted  the need for meeting the transparency obligations as enshrined in the GATS .  
1.25.   GATS Article III:3 required Members to "promptly and at least annually inform the Council for 
Trade in Services of the introduction of any new, or any changes to existing laws, r egulations or 
administrative guidelines which significantly affect trade in services covered by its specific 
commitments under this Agreement". Similarly, regular notifications of entry -related measures 
affecting existing mode 4 commitments of Members were  required in order to understand the full 
implications of the commitments made.  
1.26.   However, as the informal Note prepared by the Secretariat  illustrated, some prominent 
developed Members, who also held top ranks in global commercial services trade, had a dis mal 
record in notifications under the GATS, with as low as two notifications in the past 26 years. Also 
overall, the number of notifications by developed Members was low. She urged developed Members  
to lead by example in submitting comprehensive, timely, a nd accurate notifications.  
1.27.   The Chairman  suggested that the Council take note of the notification  and the statement 
made.  
1.28.   It was so agreed . 
2  ITEM B:  IMPLEMENTATION MATTERS FROM MC12 MANDATES – REPORT BY THE 
CHAIRMAN  
2.1.  The Chairman recalled that, in his comm unication of 21 September, he had informed Members 
that, in view of the implementation matters of relevance to the Council arising from MC12 Decisions 
and Declarations, he would be undertaking bilateral consultations to gather views on how best to 
organise  the Council's work in the months  ahead , including on the feasibility of establishing a work 
plan.  
2.2.  At MC12, the Council for Trade in Services had received four mandates from Ministers, 
regarding: (1) the LDC services Waiver; (2) the e -commerce Work Progra mme and Moratorium; (3) 
the pandemic response; and (4) WTO reform.  In his communication to Members, he had recalled 
the relevant mandates and formulated guiding questions on each area.  S/C/M/150  
 
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  2.3.  In the run -up to that meeting, he had met with all delegations that h ad so requested, 
accounting for a total of 40 Members, to hear their perspectives. He thanked those delegations for 
having taken the time to meet with him and share their views, and also  commended them for their 
meaningful and constructive participation.  
2.4.  He wished to  report on what he had heard in his consultations. Under th at agenda item, he 
would limit himself to the views that he had gathered on the Pandemic Response and WTO reform. 
With respect to the remaining two issues, namely the LDC Waiver and th e Work Programme, he 
would provide an account under the respective agenda items.  
2.5.  For information and to facilitate Members' further reflections, the written version of his report 
would be circulated to all Members after the meeting  (document JOB/SERV/CTS/6 ). 
2.6.  Concerning the work that the CTS could undertake on the Pandemic Response , all Members 
had indicated that, while they had no specific proposals to put forward, they were open to discussing 
ideas that other Members may wish to bring under this issue, as long as th ose did not go beyond 
the WTO's core mandate, were forward -looking and relevant to services trade.  
2.7.  A few delegations referred to topics that they might engage in if these were proposed by 
Members. One area mentioned by various delegations was th e transport and logistics chain, and 
maritime transport services in particular. The prominent contribution of e -commerce and ICT -
enabled services in times of COVID and in the recovery from the crisis was another topic of possible 
interest, as were the tour ism sector, digital nomad policies, and the introduction of trade -facilitating 
measures and simplified domestic regulatory procedures. Other ideas mentioned as potential 
starting points for Members' discussions were a Secretariat analysis of the lessons le arnt from the 
pandemic and an assessment of the status of measures taken during the COVID crisis.  
2.8.  The Chairman had enquired whether delegations might be interested in the Council organising 
one or more workshops to explore the role of services and services  trade in supporting economic 
activity during the pandemic and in the post -pandemic recovery phase. Some delegations indicated 
that they could consider workshops that focused on the positive contribution that services trade had 
made during, and could conti nue to make after the crisis, noting that work already undertaken 
should not be duplicated. Other delegations said that they would reflect further on th e idea, with 
some mentioning the informal experience -sharing sessions organised by the Committee on Mark et 
Access. One delegation registered its long -standing objection to WTO bodies undertaking any work 
that was not driven by Members.  
2.9.  With regard to WTO Reform , several delegations referred to the need for relevant discussions 
to be transparent, open, inclu sive, pragmatic and Member -driven. Different views were expressed 
as to how deliberations should proceed, and about the sequencing of work between the General 
Council and its subsidiary bodies, notably the CTS.  
2.10.   In terms of reform elements that could be ta ken up in the CTS, many delegations referred to 
the monitoring and deliberative function. Specifically, various Members mentioned the need to 
examine how CTS practices could improve the Council's monitoring track record and the level of 
services notificati ons. On the latter issue, delegations suggested changing the notification format; 
holding annual information -sharing events and briefings specific to notifications; addressing how 
notification practices might be improved; and conducting a baseline exercise , similar to that 
undertaken by acceding Members, in which delegations would notify their entire services regime 
within a given timeframe. It was also noted that Members might wish to explore the possibility of 
the Council making use of information from Me mbers' Trade Policy Reviews.  
2.11.   Other ideas put forward concerned enhancements to the substantive work undertaken by the 
CTS. Delegations mentioned drawing up a yearly workplan; discussing evolving trade topics; sharing 
domestic experiences with recent servic es issues; mapping Members' services applied regimes; 
organising presentations of research undertaken by the Secretariat; getting insights and greater 
engagement from the private sector and other stakeholders. It was also suggested that Members 
might consider how to reinvigorate the work of the Council's dormant subsidiary bodies, including 
by potentially reassessing their mandates.  S/C/M/150  
 
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  2.12.   Some delegations also referred to working practices and the functioning of the CTS. Specific 
issues mentioned were the use of  annotated agendas; the abolition of standing items; the setting of 
ground rules for the duration of delegations' interventions; the organisation of informal 
brainstorming sessions.  
2.13.   Finally, some Members said that learning from the experience of other WTO bodies could be 
helpful, while others underscored the importance of rebuilding trust amongst delegations, including 
by avoiding divisive subjects.  
2.14.   The Chair man had taken note of the inputs provided and, recall ing the need for the process 
to be Member -driven, indicated that he looked forward to receiving Members' proposals.  
2.15.   In terms of concluding remarks and way forward,  generally on all four mandates, he welcomed 
the good engagement and the many inputs put forwar d by the delegations that  had participated in 
his consultations. He urged Members to reflect on all the comments and ideas shared. He also 
encouraged delegations to make use of relevant ideas, and any useful means to exchange 
information and best practices , to further build on and develop those ideas into concrete proposals 
that the Council could take up. In th at regard, he also appealed to delegations to reach out to each 
other on possible next steps.  
2.16.   The representative of New Zealand  said that, as New Ze aland had not been  able to take up 
the opportunity to undertake consultation  with the Chairman  prior to th at meeting, he would take 
that opportunity say a few words.  
2.17.   His delegation welcome d the report the Chairman had provided, and it  was clear from that 
report that Members were committed to carry ing out the work mandated by Ministers, including the 
work required in th e services  Council. The MC12 outcome provide d an important launching pad for 
the work of the WTO  across all of its functioning bodies. New Zealand remain ed committed to the 
multilateral services agenda, the work of the CTS and all its subsidiary bodies.  
2.18.   He would note with interest the relevant discussions that t ook place under the relevant agenda 
items at that meeting and would  feed into those as appropriate. He noted, specifically under th at 
agenda item , that New Zealand place d great value in the discussion of the lessons learned and 
challenges experienced during the COVID -19 pandemic. Huge parts of the services economy had 
been dramatically affected by the pandemic and other parts, including the digital economy , had 
taken  significant steps forward in the face of those challenges. There were a number  of learnings to 
discuss,  and New Zealand look ed forward to being active in those conversations.  
2.19.   Speaking on behalf of the LDC Group , the representative of Malawi  thanked the Chair man for 
his report. He stated that the LDC Group  had negotiated the text in paragraph  8 of the MC12 
Outcome Document. The LDC Group appreciated that Ministers had agreed to that text, which was 
in line with the LCD Ministerial Declaration for MC12 circulated at the WTO in October 2021. He 
indicated that he would come back to th at matter under agenda item  C.  
2.20.   The representative of India said that her delegation was discussing the MC12 mandate  in 
detail along with its Capital -based colleagues and some other Members and  would require more time 
to deliberate and think of steps ahead. She thanked the Chair man for his efforts and the initiative 
he had taken in collecting inputs from Members  on the important areas Ministers had directed them 
to. India looked forward to working with other Members on th at issue in the coming months.  
2.21.   The representative of Egypt  thanked the C hairman for the comprehensive report and for his 
efforts in reaching out to delegat ions to gather information and organise work  on that very important 
matter.  
2.22.   He regretted that his delegation had not been part of those consultations  and said that it was 
the responsibility of his delegation to reach out to other Members to discuss with them the best 
possible means to deliver on the mandate given to the CTS .  
2.23.   Since that was the first time , he had taken the floor  in the Council, he wondered if there was 
an opportunity for his delegation to put forward other ideas to be addressed under th at agenda item . 
He mentioned  in particular the role of services -related activities and trade in services as far as trade S/C/M/150  
 
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  in staple food products was concerned given the ongoing  global crisis , as it was well -known that 
trade in services was  part of the  transact ion when it came to trade in staple food products and, of 
course, as far as food security was concerned.  
2.24.   He wondered  if an assessment could be done o f the contribution of the GATS in addressing 
food security challenges, especially in LDCs and developing countries. He emphasized that there 
were supply chain bottlenecks and logistical and other  services related  problems h is delegation 
wished to assess  in order to  see how to address  them in a manner that would  facilitate international  
trade in staple food products in times of food crises. He looked forward to working with  Members 
and the Chair man in future in a productive m anner.  
2.25.   The representative of Norway  thanked the Chair man for his comprehensive reporting on the 
consultations he had undertaken. His delegation had not been in a position to take part in those 
consultations but felt  that the Chairman's report provided a good basis for Members to reflect on the 
work ahead. H is delegation was ready to engage and  appreciated the opportunity to discuss the 
follow -up work of th e Council after MC12.  
2.26.   His delegation was ready to engage in the work on the implementation of the MC1 2 Outcome 
Document with respect to the LDC services Waiver. At the current stage  where Members  had more 
than seven  years of experience on the operationalization of the Waiver, it made sense to undertake 
the activities envisaged in the Document. In that con text, it was of great value to hear the 
perspectives of Members during th ose years based on their concrete experience and most 
importantly his delegation was ready to listen to the experience of the LDCs themselves.  
2.27.   On the other elements on the Chair man's list, his delegation saw a lot of value in dealing with 
the e -commerce Work Programme horizontally. At the same time, his delegation was open to see 
specific services -related commitments, but Norway also saw great value in undertaking that part of 
the follow -up horizontally. There  were dedicated sessions on th at issue under the General Council.  
2.28.   With respect to the pandemic response, as other  delegations  had expressed,  Norway  was 
ready  to engage as concrete proposals were presented.  
2.29.   The representative of the United States  thanked the Chair man for his report. Like other 
delegations, his delegation would consider the report back in Capital . He underscored that work in 
all the areas had to be Member -driven and based on Members ' proposals. His delegation cautioned  
about expanding the mandate to issues beyond what had been outlined in the MC12 Outcome 
Document.  
2.30.   The representative of  the Kingdom of Saudi Arabia  thanked the Chairman for his update on 
his consultatio ns. Her delegation had not been able to participate in the consultations but  supported 
all the elements in the list. Her delegation was committed to work constructively with the Chair man 
and Members to achieve all those expectations and ambitions.  
2.31.   In outlining some points of focus for Saudi Arabia, she highlighted the important role of trade 
in services in facing the negative impact of the pandemic especially when it came to the role of 
digital trade. She also a greed with other Members that sharing experiences and best practices was 
essential. Also, special attention should be given to building capacity and enhancing technical 
assistance to developing countries, and especially LDCs.  
2.32.   The representative of China  thanked the Chair man for his report and for his efforts in holding 
the consultations with various Members. China welcomed the MC12 Outcome Document  and 
attached great importance to the implementation of the outcomes contained in the  Document. In 
accordance with the MC12 mandates, China would actively participate in future work to support the 
post-pandemic recovery and to promote global economic growth and employment.  
2.33.   Specifically, China registered its support for the suggestion made  by many Members , and 
outlined  in the Chair man's  report , to organize  workshops on trade in service s in response to the 
pandemic . China was of the view  that discussions on a response to the pandemic would also interact 
with e -commerce related discussion tha t would take place in th e services Council .  S/C/M/150  
 
- 10 - 
 
  2.34.   The representative of the Philippines  thanked the Chairman for the outreach and his 
comprehensive briefing on the topics of interest that Members had identified. He was aware  that the 
Chair man had encouraged the Members to discuss with one another, but perhaps it would also be 
instructive for Members to get some guidance in terms of indicative timelines. He said that Members 
could talk to one another and that could last months and could even run to years of discussion 
amongst small groups. Therefore, it could be valuable if the Chair man could  guide  delegations in 
terms of setting milestone dates when the Members should update the Chairman on the  status of  
discussions amongst them .  
2.35.   The represent ative of the European Union  thanked the Chair for holding consultations on the 
four issues in the MC12 Decisions and O utcome Document. The consultations and the comprehensive 
report that the Chair man had provided were extremely useful and the EU would be r eflecting on 
future work of the Council .  
2.36.   The European Union  had participated in the consultations , and she would not reiterate the 
EU's view s once again  at that meeting . Her delegation was open to reflect on different ideas within 
the MC12 mandate s, based  on Members ' suggestions and also taking into account work on these 
issues in the horizontal for a, as well as  previous discussions that Members had had on  some of  those 
issues in previous CTS meetings.  
2.37.   The Chairman  thanked delegations for their inputs and  comments and encouraged them to 
reflect further on what they had heard and consider how to take th ose ideas forward in terms of 
concrete suggestions that the Council could address. He would also reflect on some of the 
suggestions that had been made to him  and would provide his own reflections on those suggestions 
at a later date. He indicated that his door was always open for any delegation wishing to discuss 
further with him on possible next steps.  
2.38.   He suggested that the Council take note of the statements  made.  
2.39.   It was so agreed . 
3  ITEM C: OPERATIONALIZATION OF THE LDC SERVICES WAIVER  
3.1.  The Chairman  started by reporting on what he had heard in the course of his consultations  with 
regard to the LDC services Waiver . Members generally underscored the importance of the Waiver 
and expressed support for continued engagement on th at issue. Several delegations noted that the 
Council's work was starting from a good basis, in light of the useful discussions in the Dedicated 
Session of 2019 and the webinar org anised in 2021. The suggestion was made to consider organising 
an informal brainstorming session on th e issue, focusing on specific steps and proposals.  
3.2.  Members unanimously highlighted the importance of hearing from LDCs about their needs and 
expectations,  and how they saw the work of the Council unfolding with regard to the Waiver. Calls 
were made for concrete and specific proposals from the LDC Group, to be submitted ideally in writing. 
Delegations indicated their openness to consider the LDCs' suggestion s.  
3.3.  Several delegations mentioned that one key takeaway from the deliberations held thus far was 
the existence of data gaps with regard to LDC services trade. Th ose delegations indicated their 
readiness to undertake follow -up work in th at regard, including  with the assistance of the Secretariat, 
but wished to hear from the LDCs about their specific necessities and priorities. The possibility of 
complementing statistical information with anecdotal evidence was also mentioned.  
3.4.  Some delegations expressed inte rest in learning from the experience of LDC suppliers, including 
in exporting services via web -based platforms, and in gathering information on how the Waiver 
preferences were used and implemented in practice. It was stressed that the work previously carri ed 
out in the Council in th at regard should not be duplicated. One delegation mentioned that the 
Secretariat could prepare a summary report to take stock of what had already been discussed in the 
context of the operationalisation of the Waiver, as a way to  stimulate the debate.  
3.5.  Finally, Members that had not yet submitted notifications of preferences were encouraged to 
do so.  S/C/M/150  
 
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  3.6.  The representative of Malawi  speaking on behalf of the LDC Group , said that paragraph 8 of 
the MC12 Outcome Document provided in part  an affirmation of the Decision taken at the 10th 
Ministerial Conference in Nairobi on the "Implementation of preferential treatment in favour of 
services and service suppliers of Least Developed Countries and increasing LDC participation in 
services trade ". In addition, LDC language had been agreed which  instructed  the Council for Trade 
in Service s to, among others: 1. review and promote the operationalization of the Waiver including 
exploring improvements in LDC services export data; 2. review information  on LDC services suppliers 
and consumers of LDC services in preference providing Members ' markets; 3. assess best practices 
in facilitating the use of the preferences. Th ose elements were part of the LDC Group 's assessment 
from the workshops that the LDCs co-sponsored with the CTS in 2021. The Ministers also instructed 
the General Council to report to the next Ministerial Conference on progress.  
3.7.  The LDC Group had further suggest ions to carry out the review envisaged  in paragraph 8 and 
looked forward to hearing ideas from other  Members .  
3.8.  Regarding the first element, the LDC Group greatly appreciated the improvements to the export 
data from the Economic Research and Statistics Division as represented by Ms  Barbara  D'Andrea. 
The LDC Group thought that th at work should continue and be discussed at the CTS to gauge how 
LDC service suppliers ' exports were performing.  
3.9.  Concerning the second element, the LDC Group needed more information from the preference -
providing Members on their consumers receiving or contra cting LDC services. The exercise  
conducted  in March  2021 included the LDC Group's desire to hear from LDC services suppliers and 
consumers from preference -providing Members having notified the WTO. The Secretariat should 
collect more information on such en tities in advance of the next workshop.  In addition, for workshops 
and seminars, LDCs suggested invit ing them to share information.  
3.10.   Regarding the last element, the LDC Group needed to evaluate the element in the notification s 
to determine if they need ed to exchange information on best practices to facilitate the use of the 
preferences. The need to evaluate how the preferences were working  and consider anything needed 
to improve what was already in place should be kept in mind.  
3.11.   The LDC Group commended and c alled upon preference -granting Members'  continued 
collaborative efforts in ensuring that they implement ed the Mandate provided in the Nairobi Decision 
and improve d the effectiveness of th e Waiver.  
3.12.   The representative of Bangladesh  stated that his delegatio n aligned with the statement 
delivered by Malawi on behalf of the LDC Group. His delegation was happy to note that 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 meaningful operationalization of that decision.  
3.13.   As the LDC Group had pointed out, the analytical work by the Secretariat on LDC services 
data was immensely helpful and his delegation requested the Secretariat to co ntinue th at task. In 
addition, his delegation also requested updated information from preference -providing Members on 
their consumers receiving or contracting LDC services.  
3.14.   Bangladesh underscored the need to assess best practices in facilitating the use o f the LDC 
preferences, as instructed by the Ministers at MC12. His delegation hoped that preference -providing 
Members would improve their schemes or program mes, where necessary, to ensure more LDC 
participation in services trade to make th e Wai ver decision  truly effective for the LDCs. Bangladesh 
stood  ready to work constructively in th at regard.  
3.15.   The representative  of India reiterated its commitment  to meaningful implementation of the 
preferences granted under the LDC services Waiver by all preference -grant ing Members , with the 
ultimate objective of increasing the LDCs ' share in the global export of services. At MC12, Ministers 
had given  clear instructions to review and promote the operationalization of the Waiver. India was 
discussing the Mandate at the lev el of its Capital and  looked forward to meaningful engagement with 
all the Members on th at important issue.   
3.16.   The representative of Panama  said that her delegation underst ood and was familiar with the 
asymmetries faced by LDCs. In 2017, after a thorough an alysis of its sectoral regime,  and taking S/C/M/150  
 
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  into account precisely the sectors in which LDCs  had indicated that they had aspire d to preferential 
treatment , her delegation had submitted its notification which had provide d real preferential 
treatment to services and suppliers from LDCs.  Panama consider ed that the granting of th ose 
preferences contribute d to improving LDC exports, also incre asing  their economic diversification and 
structural transformation. In order for th ose preferences to be converted into real benefits, it was 
underst ood that measures may be lacking to enable LDCs to take advantage of the existing offers. 
Following the COVID -19 pandemic, the challenges faced by LDCs could have increased . 
3.17.   The various worksh ops ha d shown that the challenges faced by  LDCs could  go beyond the 
issue of preferences granted by Members , for example  in terms of  updating and adapting their 
regulatory frameworks in order to reduce existing barriers. Panama  believe d that in th at Council, in 
order to comply with paragraph 8 of the Ministerial Outcome Document , information could be 
exchanged, or a brainstorming session could be held in which LDCs could inform the Membership of 
the obstacles they face d, especially after the pandemic and th e support they needed to recover after 
the crisis.  
3.18.   It would  also be important to know if the list of their initial preferences was still valid. Panama 
also believe d that it would be appropriate for the Secretariat to make a presentation on the current 
situation  of notifications and their implementation. Panama was prepared to do what it could within 
its capabilities  to assist LDCs and to help them make use of the notified preferences as a way of 
providing commercially meaningful opportunities.  
3.19.   The represe ntative of China  thanked the Chair man for his report and consultations with 
Members on the LDC services Waiver and thanked Malawi for the statement delivered on behalf of 
the LDC Group. China thought that paragraph  8 on the LDC services Waiver, was one of the most 
important components of the MC12 Outcome Document. China would continue to engage 
constructively in the Council's future work to implement th at important outcome.  
3.20.   With regard to the next step s, China thought that , as suggested by Malawi, Bangladesh,  and 
other Members , they delegations should continue to exchange experience s on the implementation 
and on the effectiveness of the LDC service Waiver. His delegation encouraged LDC Members to 
continue to share at the CTS their difficulties and challenges in exporting services, especially in the 
context of the economic recovery from the pandemic, so as to inform Members' future discussions 
to try to find ways to solve and tackle th ose difficulties and challenges.  
3.21.   The repre sentative of the European Union  thanked the Chair man for his consultations and the 
LDC Group for their statement. Her delegation attached great importance to assisting LDCs to 
strengthen their economies, including services trade. The LDC services Waiver wa s a very important 
instrument in that respect, in addition to development and capacity -building programmes.  
3.22.   The EU strongly encouraged WTO Members who had not yet notified preferences to consider 
doing so. The EU also reiterated the importance of comprehe nsive governments and international 
cooperation to advance LDCs services exports, including improving domestic conditions and 
regulatory frameworks that strengthen ed services trade domestically and abroad.  
3.23.   Her delegation was open to continue engaging on t he issues on the implementation of the 
LDC services Waiver, taking into account previous discussions and the outcomes of the dedicated 
seminars that were held in the past under the CTS. Her delegation agreed with the LDC Group on 
the value of considering how data collection  on LDC services exports  could be improved, and  noted 
that monitoring and analysing developments and trends could indeed prove very useful.  
3.24.   The representative of Senegal  supported the statement made by Malawi on behalf of the LDC 
Group. Senegal believed that in order to updat e Members on the current situation  with regard to the 
Waiver  it would be useful, as the Chair man had reported , to ask the Secretariat to continue to inform 
them about how th at issue was evolving. His delegation  also encouraged  Members  who had not  yet 
done so to submit  notification s of preferences  under  the Waiver.  
3.25.   He recalled the LDCs  Collective Request  regarding the operationalization of the services 
Waiver and wondered if there was a need to  update it considering how the situation ha d changed. 
He believed that in order to  effectively  implement paragraph 8 of the  MC12  Outcome Document , it 
would be useful for the CTS to also look at having  information sessions on  the preferences granted.  S/C/M/150  
 
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  In other words, Members  that had granted  preferences should hold information sessions to explain 
how those preferences had been  made and  to look at how they could LDCs could make further  use 
of those preferences.  
3.26.   The representative of South Africa  thanked the Chair man for his report and supported the 
statement made by Malawi on behalf of the LDC Group. She called on Members for increased and 
more innovative support for the effective implementation of the Waiver in order to realise positive 
impacts on poverty reduction and unemployment in LDCs. The proposal on data collection was an 
important one, but at the same time, the Members had to be ready in the CTS to act positively on 
that data to take measures that increas ed the LDCs' share of services export s.  
3.27.   The representative of the United Kingdom  thanked the Chairman for his consultations and 
report, including on the LDC services Waiver. She thanked Malawi for statement on behalf of the 
LDC Group, and  said that it was  important and helpful to hear from LDC Members.  
3.28.   The United Kingdom stood ready to continue its discussions in the CTS and would support the 
Secretariat in coming forward with a stocktake report to help stimulate discussions. Her delegation 
had been and w ould continue to be a strong supporter of the LDC services Waiver. The U nited 
Kingdom  was committed to supporting LDCs to benefit from the Waiver through its effective 
operationalisation.  
3.29.   The United Kingdom had recently launched its Developing Countries Tr ading Scheme (DCTS) 
in trade in goods. Her delegation was currently reflecting on whether there were any lessons that 
could draw from th at scheme  in terms of best practices for services . The United Kingdom  looked 
forward to continuing discussions  under the  CTS. 
3.30.   The representative of the United States  thanked the Chair man and other  Members for their 
intervention s on th at important topic. His delegation had always viewed LDC Waiver was one tool 
that could help LDCs expand their services. Future work in th at area should be done in a 
comprehensive manner  and h is delegation was interested in hearing from LDC Members about the ir 
use of the Waiver. The United States  supported the development of better statistics related to LDCs 
services export  that could help in form discussions, but  underscored  again that future work should 
be based on proposals by Members  that could be review ed and discuss ed to have a comprehensive 
discussion on th at issue.  
3.31.   The representative  of Egypt  expressed support  for every initiative that would actually increase 
LDCs' participation in international trade in services. In that regard, the Waiver was a tool to wards  
achiev ing that objective.  His d elegation was ready to engage and contribute to advancing LDCs 
towards develop ing the services sector and accordingly increase their level of participation in 
international trade in services.  
3.32.   The Chairman  thanked the delegations that had intervened , sugge sted that the Council take 
note of the statement made and said that it would revert to that item at its next meeting.  
3.33.   It was so agreed . 
4  ITEM D: WORK PROGRAMME ON ELECTRONIC COMMERCE  
4.1.  The Chairman  started by providing an account of the views Members  had expressed on the e-
commerce Work Programme  during his consultations.  
4.2.  Many delegations welcomed the reinvigoration of the Work Programme, including its 
development dimension, and the extension of the Moratorium on customs duties on electronic 
transmissions. They appreciated and supported the suggestion by the Chairman of the General 
Council to organise dedicated discussions on e -commerce in the General Council, which they saw as 
the appropriate locus for engagement. Delegations were currently c onsidering the most useful issues 
to address in that context, particularly from the perspective of developing countries. One delegation 
called on Members to develop a work plan with indicative timelines, concrete and pragmatic 
proposals and problem -solving  initiatives.  S/C/M/150  
 
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  4.3.  Several delegations underlined that it was for the General Council to address cross -cutting 
issues related to electronic commerce , and notably the Moratorium , and that the Council for Trade 
in Services was not the place to do so and should no t duplicate discussions. Rather, the CTS could 
play a complementary role by focusing on any services -specific issues that might not be adequately 
addressed in the General Council's deliberations; th ose Members indicated their openness to 
engaging in such d iscussions.  
4.4.  Other delegations recalled that the CTS had been assigned a specific mandate by the 1998 
Work Programme and called on the Council to focus on the issues it had been tasked to examine, 
including in relation to scope, definition, increasing the p articipation of developing countries and 
customs duties. In light of the non -physical nature of electronic transmissions, the CTS was 
considered as the appropriate forum for such discussions. Furthermore, it was indicated that the 
question of whether and h ow the Moratorium impacted GATS commitments on electronically supplied 
services should be addressed and clarified in the CTS. Having the Secretariat compile previous 
exchanges and relevant information on the scope of application of the Moratorium would als o be 
useful, it was mentioned.  
4.5.  Some delegations noted the usefulness of the information shared thus far in the CTS under the 
Work Programme, particularly on initiatives to increase the digital capabilities of businesses and 
consumers and indicated their r eadiness to remain engaged. One delegation suggested that, in view 
of the breadth and depth of the information that Members had brought to the Council in recent 
years, a document compiling relevant contributions could be produced. Another Member called for  
more case studies and country -level experiences to be shared, including on MSMEs ' participation in 
the ITC -enabled services trade. Other delegations referred to Digital Services Taxes and other 
taxation -related issues as topics that could be addressed in the CTS. Some delegations stressed the 
importance of broader stakeholder engagement, including from relevant International Organisations, 
businesses, and consumers. Finally, one delegation suggested that space might be found in the CTS 
for the JSI particip ants to brief Members on developments in that initiative and for information to be 
shared on relevant parallel efforts.  
4.6.  The representative of  Malawi , speaking on behalf of the LDC Group, recalled the LDC 
submission contained in document WT/GC/W/787 that was in the process of being updat ed, and 
wished to highlight some  of its key elements relevant to the work  under the Council for Trade in 
Service s.  
4.7.  The document referred to the gap in the online payment facilities which was a prerequisite to 
conduct cross -border electronic commerce. He noted that efforts to bridge the digital divide could 
address the integration of LDCs within the international financial system to facilitate cross -border 
payments to and from LDCs. In addition, exploiting means of improving access to important 
technologies that help ed bridge that divide and could empower LDC entrepreneurs to participate 
effectively in the e -commerce ecosystem would add value to the work.  
4.8.  He also referred to the weak statistical data on e -commerce in LDCs, wh ich the WTO Secretariat 
could tackle by pursuing and extending its work on data collection . The LDC Group would also invite 
its trad ing partners to consider supporting LDC services suppliers in emerging sectors of interest , 
such as call centres and back -office operations. It would be important at the same time to cover all 
modes of support to encourage the development of LDC enterprises. He encouraged the CTS to 
continue exploring avenues to bridge the digital divide in a manner that support ed the participa tion 
of LDCs in e-commerce.  
4.9.  The representative of New Zealand  welcomed the recent discussion on how Members c ould 
rejuvenate the Work Programme on Electronic Commerce. Discussions in the General Council ha d 
made clear that all Members we re committed to th at task, as Ministers had mandated them to be at 
MC12.  
4.10.   As Members work ed through what the agenda of the Work Programme w ould look like and 
implement ed the Work Programme under the guidance of a Facilitator appointed by the  Chairman 
of the  General Council, New Zealand continue d to welcome the complementary  work in th e services  
Council , such as experience sharing of Members ' digitalisation journeys. Exchanges, such as those 
at the May meeting, evidence d the ability that all Members ha d to de velop their domestic digital 
industries within existing legal frameworks and that the development of those industries was in fact S/C/M/150  
 
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  enabled by the Moratorium on customs duties on electronic transmissions. New Zealand looked 
forward to future detailed and pro ductive conversations   
4.11.   The representative of Sri Lanka  explained that, at MC12, Ministers had agreed to reinvigorate 
the work under the Work Programme on Electronic Commerce based on the mandate as set out in 
document WT/L/274 and particularly in line with  its development dimension. It was known that 
different aspects of the Work Programme had been taken up in various WTO bodies which included 
the CTS, CTG, Council for TRIP S and CTD.  
4.12.   Generally, the CTS was tasked to examine very dynamic issues, such as sco pe, including 
modes of supply, classification, MFN, national treatment, competition and increasing the 
participation of developing countries in e -commerce. Therefore, the CTS had a major role to play 
with regard to the Work Programme. Members had still fai led to adopt precise definitions and scope 
of electronic transmissions, whether duties would be levied only on content or carrier media or on 
both. His delegation was of the view that CTS should undertake more work on scope and definition 
on a priority bas is, based on the submissions and proposals made by Members.  
4.13.   He reiterated Sri Lanka's position that work related to the Work Programme in any of the WTO 
bodies should pay attention to trade -related issues impacting global electronic commerce, taking 
into account the economic, financial, and development needs of developing countries and LDCs.  
4.14.   The representative of India stated that her delegation had consistently been a proponent of 
strengthening the multilateral work under the non -negotiating and explorato ry 1998 Work 
Programme on e -commerce. India had proposed some specific ideas on rejuvenation of the Work 
Programme at the General Council meeting held on 6 and 7 October 2022, including deliberating 
and sharing best practices on issues like consumer awaren ess, consumer rights, public digital 
infrastructure that used national digital utilities to bridge the digital divide and drive e -commerce 
adoption , digital trade facilitation, including the use of electronic signatures and digital payments , 
etc.  
4.15.   India had suggested that the initial discussion might start in the G eneral Council  and 
thereafter might be taken further in the respective WTO bodies, which carr ied the mandate for such 
discussions as per the 1998 guidance. Th ose bodies included the CTG, CTS, Council for TRIPS and 
the Committee on Trade and Development. India remained eager to work on the rejuvenation of the 
Work Programme on e -commerce, particularly  in line with its development dimension , at the CTS, 
and work with all the like -minded Members to drive a constructive outcome in a space which would 
fundamentally influence how the world would operate in the times to come. India urged all Members 
for thei r support.  
4.16.   The representative of the United States  remained very interested in finding ways  to enhance 
the e -commerce Work Programme. He appreciated the previous interventions  and noted that, in 
particular, the GC Chair had been actively working with interested Members to advance the work 
under the MC12 mandate. The U nited States was of the view  that th at remained the most promising 
avenue for all Members to pursue. He suggested that Members engage in discussions on the e -
commerce Work Programme under the G eneral Council' s purview. Should t here be a need to discuss 
services specific issues from t hose horizontal discussions, h is delegation  encouraged Members to 
bring those discussions to th at Council, including issues highlighted in the 1998 Work Programme 
directing th e services  Council to look at various issues. His delegation remained open to Mem bers' 
suggestions and issues to address under the e -commerce Work Programme.  
4.17.   The representative  of the European Union  welcomed the strong interest among Members to 
engage in the implementation of the MC12 Decision on e -commerce and in particular intensify  
engagement on development related issues.  
4.18.   Her delegation looked forward to working constructively with all Members towards the 
extension of the Work Programme and  of the Moratorium on electronic transmissions at MC13. Her 
delegation appreciated the consu ltations by the Chair man and those by the Chairman of the General 
Council on th ose issues and further ideas shared by Members. The E uropean Union supported the 
idea to engage on e -commerce issues and start that work in dedicated e -commerce Work 
Programme sessions, as proposed by the Chairman of the General Council . But as work progressed, S/C/M/150  
 
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  the EU was open to considering  if there were any  complementary work for the CTS,  and other 
Councils , to address  on the basis of Members' submissions .  
4.19.   The representative of China  stated that according to the mandate of 1998 Work Programme 
on Electronic C ommerce , which was reiterated in the MC12 Ministerial Decision on the Work 
Program me, Members should intensify discussions and experience sharing on e -commerce related 
to services in the Council.  
4.20.   Specifically, his delegation suggested that the Secretariat compile  the information shared at 
CTS meetings until then , to help Members better  understand e -commerce development and 
Members’ regulatory experience s. With regard to the Moratorium, it was better for th at topic to be 
discussed horizontally under the G eneral Council . Finally, China was of the view that the discussion 
on e-commerce rel ated matters in the CTS could interact with Members' discussion s on how to 
respond to the pandemic.  
4.21.   The representative of Indonesia  echoed other Member and supported intensifying the 
discussions under the Work Programme on e -commerce, especially regarding the issue of the 
Moratorium , and other cross -sectoral issues related to the Work Programme. As discussed in the 
General Council , Members to find a way forward from the Moratorium discussion, specifically  on the 
definition, scope and impact of the Moratorium. Therefore, Indonesia stood ready , together with 
other Member s, to advance the discussion in fulfilling the mandate of MC12 Ministerial Decision.  
4.22.   The representative of Pakistan  echoed the statements of Sri Lanka and India under that 
agenda item. His delegation was of the view that the work on the Work Programme on e -commerce 
might be taken up simultaneously but exclusive from the Moratorium , and urged for Members ' 
support in that regard.  
4.23.   Pakistan was engaging with its Capital and stakeholders at  home, and had found keenness  to 
learn from others how they  had addressed their digital econom y development, what their priorities 
were and how they had addressed the challenges that they might have encountered during their 
journey. The representative also suggested that , if it had not been done till then , the Secretariat 
might compile a document comprising information , best practices and experience -sharing from 
Members , to help his delegation to engage in targeted discussions at the domestic level. He said  
that such a compilation would lead Pakistan to explore avenues domestically in the development of 
its digital economy.  
4.24.   The representative of Canada  thanked the Chairman for his consultations , which had been a 
very pragmatic way to start a reflection on h ow to implement the MC12 outcome s. Like other 
Members, Canada was ready to play its part in implementing the MC12 outcome s.  
4.25.   Her delegation had participated in the consultations  and had  no intention to repeat at that 
meeting . It had very been useful to rec eive the comprehensive report on the Chairman's 
consultation, and Canada felt that its views had been reflected in the report.  
4.26.   Her delegation had a question concerning the Chair man's report on the consultations he had 
held. At that meeting, on all the four topics under discussion, some Members had indicated that they 
had no t had the  chance to participate in the consultations . The representative was therefore 
wondering whether  and how  that would be reflected in the report, because it was important to 
balance what was had been in the CTS with what had been said during the consultations. This raised 
the question of whether the comments at that meeting would only be reflected in the minutes. More 
generally, she said that the inf ormation shared had provided a lot of food for thought on how to 
advance, and she echoed the intervention by the EU on considering the proposals made by Members 
on the different items.  
4.27.   The representative of India said that before the Chair responded to th e question  by Canada , 
she also wished to confirm that her delegation had requested more time to respond to the process 
of consultation and hoped that that would be reflected in the Chair man's report.  
4.28.   The Chairman  indicated that his intention was to circula te the report on the consultations  that 
he had shared orally immediately  after that meeting. He could then issue an addendum , or 
supplementary report , based on the comments made who had not participated in the consultations S/C/M/150  
 
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  had contributed at that meeting.  Those statements would also be included in the minutes of that 
meeting. In terms of other suggestions made for Secretariat  work,  in terms of compiling data or 
compiling lessons learned and info rmation  already shared, he would take up th ose suggestions at 
the following Council meeting in December  and see , at that time if Members found the suggestions 
useful  and wished to take up fur ther actions. He would be open to hearing delegations' comments 
also on that aspect . 
4.29.   The representative of China  wanted to confirm that, after the conclusion of Members ' 
comments on the Chairman's report , there  was still a chance for Members to share infor mation 
regarding the development of e -commerce. China wished to share such information.  
4.30.   The Chairman  said that if China could make such an information -sharing statement which  
would be reflected in the minutes of that meeting.  
4.31.   The representative of China  reiterated his delegation's support for the continuation of in -depth 
discussions on e -commerce under the WTO framework. E -commerce had played an important role 
in the advancement and rapid development of the digital economy and had also effectively promoted  
the digitalization of the agricultural , manufacturing and services industr ies. China wished to share 
the latest information on its rural e -commerce development.  
4.32.   Rural e -commerce was an important way to boost the digital economy, advance rural 
revitalizat ion and transform agricultural development modes. It was also a good example of e -
commerce for development. In recent years, China had been active in developing rural e -commerce, 
making full use of modern information technologies in agricultural product tr ansactions and 
promoting the use of new e -commerce patterns  in rural areas. Live -streaming e -commerce had 
become an emerging trend in rural areas. More high -quality agricultural products had been promoted 
and sold through short videos and live -streaming sh ows. Mobile phones had become the new farming 
tools. Live -streaming e -commerce had become the new agricultural trading pattern .  
4.33.   The latest data showed that in 2021, rural online retail sales in China had reached around 
Yuan 2.05 trillion , or around  USD 300 billion, an increase of 11.3% year on year. The online retail 
sales of agricultural products had amounted to Yuan 422.1 b illion,  an increase of 2.8% year on year. 
The abovementioned rural e -commerce development in China showed that digit al technologies could 
help generate benefits for underdeveloped areas. China would continue to promote digitization in 
rural areas and bridge the digital divide between urban and rural areas.  
4.34.   China was committed to promoting the modernization of agricultu re and rural areas and 
benefitting the farmers by further promoting rural e -commerce, improving e -commerce 
infrastructure, cultivating the brands of agricultural products, fostering e -commerce talents and 
facilitating logistics in rural areas.  
4.35.   China hoped  that the national experience shared at that meeting could help Members better 
understand the concept of e -commerce for development. All the information shared under th at item 
would lay a good foundation for the discussion on e -commerce at the WTO. Therefo re, China 
encouraged other Members to actively share their national development and regulatory experiences 
about e -commerce to reinvigorate the work under the Work Programme on electronic commerce at 
the CTS.  
4.36.   The representative  of Singapore  wished to make  three points. First, he expressed his 
delegation's support for the exploratory discussions at the CTS that complement ed the discussions 
at the G eneral Council . Second, his delegation also looked forward to horizontal discussions  under 
the auspices of the General Council  structured discussion. Lastly, Singapore stood ready to 
contribute concrete ideas , including the best practices that his delegation had seen in the region as 
well as in Singapore. He highlight ed that Singapore would be holding a WTO  Third Country Training 
Programme early in 2023 that would be open to Capitals from all over the world, especially 
developing countries , and he hoped that Members would sign up since the theme of the programme 
would be on digital economy development as well as dig ital infrastructure.  
4.37.   The representative of the Republic of Korea  thank ed the Chair man for the comprehensive 
report and for facilitating consultations with delegations to follow up on issues that might  be relevant 
to the CTS from the MC12 Decisions. On the Work Programme on Electronic Commerce, he support ed S/C/M/150  
 
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  the proposal to have  a dedicated discussion under the G eneral Council  on the Moratorium and cross -
cutting and horizontal issues , but  could also consider complementary  discussions in relevant 
Committees. Before MC12, Korea ha d been participating in exploratory discussions on supporting 
digital capability in the CTS, including by sharing trends in its e -commerce statistics, and domestic 
program mes related to enhancing digital capabilit ies. Korea was of the view that such sharing of 
experiences and practices was a first step and was open to discussing what topics could be 
specifi cally relevant to the CTS. 
4.38.   The Chairman  suggested that the Council take note of the statements made and said that the 
Council would revert to this item at its next meeting.  
4.39.   It was so agreed . 
5  ITEM  E: UPDATE OF THE SECRETARIAT BACKGROUND NOTE ON MODE 4 – REQUESTED 
BY INDIA  
5.1.  The Chairman  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 emphasi sed by her delegation on several previous occasions, the representative 
of India reiterated it s request for an update of the Secretariat Background Notes on all four modes 
of supply and also supported  Secretariat work on inter -modal linkages. Specifically  for mode 4, India 
had identified some of the possible areas that could be update d in the 2009 Note, which it had 
presented in previous Council meetings.  
5.3.  She reiterated that, while India welcomed the proposal by the United States on the issue of 
inter-modal linkages, that should not substitute her delegation's request to update the separate 
modal Ba ckground Notes. India was of the view that having an inter -model linkage Note made no 
sense without first updating the modal Notes.  
5.4.  The representative of the United States  noted that his delegation  had had productive 
discussions with the delegation of India, and they had gained a better understanding of their 
respective positions. However,  the United States took the position that a productive way forward 
would be to  first consider  an inter -modal linkage Note,  examining each mode of supply within that 
paper, rather than simply updating the Notes on each mode of supply separately.  
5.5.  He reiterated that the United States was committed to working with India and other WTO 
Members to try to advance that issue forward and would continue the conversations intersessionally.  
5.6.  The representative of Bangladesh  thanked India for its initiative . His delegation supported the 
proposal for updated Notes by the Secretariat, to better understand the current situation and 
commitments  by Members.  His delegation saw no reason why such a simple proposal was not 
advancing ; it was just a request to update  a factual report published much earlier . 
5.7.  Moreover, in paragraph 10 of the MC12 Outcome Document, Ministers had acknowledged "the 
need to  facilitate the increasing participation of developing Members, including LDCs, in global 
services trade, including by paying particular attention to sectors and modes of supply of export 
interest to them ". Therefore, updating the Secretariat Background Note on mode 4, a mode which 
was relevant for developing and LDC Members'  services export interest s, was justified in light of the 
renewed call by Ministers at MC12.  
5.8.  Bangladesh also supported the suggestion from the United States on the preparation of a 
separate Secretariat Note on the interlinkages among the modes of supply. He looked forward to 
engaging with Members on that important topic.  
5.9.  The representative of Canada  welcomed the update and encourage d Members  to continue their 
bilateral  discussions to find a solution , as the issue ha d been on the agenda for several years.  
5.10.   The Chairman  thanked the delegations for the exchange and encouraged them to continue to 
engage with each other.  He reiterated that he remain ed at Members' disposal to facilitate discussion  
if they so wished . S/C/M/150  
 
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  5.11.   He suggested that the Council take note of the statements made.  
5.12.   It was so agreed . 
6  ITEM F: CYBERSECURITY MEASURES OF CHINA AND VIET NAM – REQUESTED BY JAPAN 
AND THE UNITED STATES  
6.1.   The Chairman  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  recalled  that, at the previous Council meeting in May,  China had 
explained , with respect to  its cybersecurity -related measures , that its legislations were "not intended 
to hinder the cross -border data flow, nor to restrict international trade ". However, under China's  
Cyber security Law, Data Security Law, and Personal Information Protection Law, which form ed the 
basis of a series of measures, the definition s and concrete procedures of cross -border data transfers 
were extremely unclear. Japan wished to reiterate its concerns and requested clearer and more 
detailed explanations from China.  
6.3.  The Cyber security Law, the Data Security Law and their subordinate regulations require d 
"important information infrastructure operators" to store "personal information" and "important 
data" domestically under  certain conditions, and th ose operators were required to  pass a "security 
assessment" at the time of cross -border transfer. However, what "important information 
infrastructure" and "important data" mean t was not clear, and foreign service providers doing 
business in China were forced to consider whether they mi ght be subject to restrictions when 
transferring data across borders.  
6.4.  In addition, the obligation to store data within China 's territory could , in reality,  give less 
favourable  treatment  to foreign suppliers than to Chinese domestic operators, which had already 
aggregated and managed data in China. For example, it might  force foreign suppliers to pay 
additional costs for storing data within China 's territory, and it might  become a pressing  concern for 
foreign suppliers when entering the market or while maintaining their business in China. In such 
cases , the measures taken by China might  violate the National Treatment obligation under GATS 
Article XVII. 
6.5.  Furthermore, the Data Security Law define d "national core data" as "data pertaining to national 
security, the lifeblood of the national economy, important national life, and vital public interests", 
and it stipulate d that "a stricter management system shall be implemented". However, the Law  did 
not provide more concrete definitions or more specific information about the management system.   
6.6.  Japan was  concerned that the ambiguity in the definition of those  terms and the scope of the 
regulation left room for arbitrary regulation by the authorit ies, which would discourage foreign 
service providers, increase the cost of foreign business activities and risk unjustly undermining their 
legitimate interests. Japan  request ed that China clarif y the definitions of the terms as well as the 
actual implemen tation of those  Laws and guidelines.  
6.7.  As for the security assessment, the Laws did not specify concrete procedures for such an 
assessment. In light of that, the Government of Japan had submitted public comments on the 
revision of the Cyber security Law in Se ptember. However, the Cyber security Law might  treat foreign 
businesses less favourably  than domestic businesses depending on its assessment criteria and its 
management system. Japan  request ed that China establish fair and clear assessment criteria and 
ensure operational transparency.  
6.8.  In terms of the transparency of procedures, Japan noted  China's efforts to obtain broad 
opinions both domestically and from other countries in the form of public comments. However, Japan 
was concerned  that, in reality, the rele vant laws and regulations were still being developed without 
sufficient explanations and improvements that address ed the concerns expressed by many 
countries, including Japan.  
6.9.  Japan r eiterate d its request to China to ensure that their laws and regulations were consistent 
with the GATS and  to avoid discriminatory measures, both in form and substance, against foreign 
service providers.  S/C/M/150  
 
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  6.10.   Regarding Viet Nam 's cybersecurity measures, Japan reiterated its  request to Viet Nam for 
an update on the subordinate laws of the Cyber security Law and the draft Decree on the Protection 
of Personal Information.  
6.11.   In particular, the provisions in the draft Decree on the Protection of Personal Data, which 
require d servic e providers to store data within Viet Nam 's territory and prohibited the cross -border 
transfer of personal data, were overly restrictive compared to international standards and might  
treat foreign businesses less favourably  than domestic businesses in Viet  Nam, depending on its 
actual implementation. Therefore, the provisions might  be inconsistent with the National Treatment 
obligation under GATS Article XVII. 
6.12.   In addition, Japan  understood  that the enforcement regulations of the Cyber security Law had 
entere d into force in October. According to the enforcement regulations, obligations to store data 
within Viet Nam 's territory  were imposed not only on domestic operators but also on foreign 
businesses that provide d internet services to users in Viet Nam.  
6.13.   Furth ermore, such service providers would  be forced to open branches or representative 
offices in Viet Nam, and it was highly probable that such provisions would force foreign suppliers to 
pay additional costs for storing data and establishing branches within V iet Nam 's territory.  
6.14.   Therefore, Japan was  concerned that foreign suppliers would be placed in disadvantageous 
situations compared to Viet Nam's domestic operators and request ed Viet Nam to take  that concern 
into consideration and properly address the issue.  
6.15.   Furthermore, the enforcement regulations had been  put into force only six weeks after the 
date of promulgation, and it was hard to say whether foreign businesses had had enough time to 
prepare for  and to comply with the enforcement regulations.  
6.16.   For foreign businesses, the predictability and transparency of the legal system, including those  
regulations, were extremely important, and if Viet Nam wishe d to improve its investment 
environment, Japan request ed Viet Nam to ensure proper management of the system without 
placing excessive obstacles on foreign businesses.  
6.17.   Japan appreciate d Viet Nam 's efforts to seek public comments from domestic and foreign 
stakeholders with regard to transparency. On the ot her hand, measures restricting  data flow s should 
be limited to the minimum necessity to achieve legitimate objectives and  should be done in a manner 
that was not overly trade restrictive. Japan  reiterate d its request to Viet Nam to ensure consistency 
with the GATS.  
6.18.   The representative of the United States  recalled that his delegation  had raised concerns in 
the Council that various Chinese measures, including China 's Cybersecurity Law, Data Security Law 
and Personal Information Protection Law, and implementin g measures for those Laws, restricted 
cross-border data flows and required locali sation of data.  
6.19.   Most recently, the Cyberspace Administration of China (CAC) had published a final version of 
the "Security Assessment Measures for Cross -Border Transfer of Dat a." The measures had entered 
into force on 1 September 2022 and  had a retroactive effect on cross-border transfers that had 
taken  place prior to 1  September.  
6.20.   The substance of the final measures had changed little from the draft version that the CAC 
had published in October 2021.  The measures required a Chinese Government security assessment 
as a condition for transferring across borders "important data " and "personal information that was 
subject to a security asses sment under China 's laws. "  
6.21.   As the United States  had raised in the Council  previously, his delegation did not believe that 
China should seek to require any Chinese Government security assessment for transfers of 
"important data ", defined in a virtually unl imited manner under the measures. The United States  
continued to have serious concerns that China 's focus on "important data " would result in new 
restrictions and burdens on a broad range of companies.  S/C/M/150  
 
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  6.22.   Regarding the transfer of personal information, the Un ited States recogni sed 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 a cross 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 disadvantage d foreign suppliers and did not enhance protection for personal informa tion.  
6.23.   The framework of laws and implementing measures that China had developed for cross -border 
data flows continued to raise great concerns for many stakeholders.  The United States  urged China 
to revise its regime to take account of those  concerns.  
6.24.   With regards to Viet  Nam's cybersecurity measures, Viet Nam's 2018 Law on Cybersecurity 
had generated significant concerns among a wide range of foreign and domestic service suppliers. 
The United States was disappointed that Viet  Nam had issued its newly approved Decree  53, which 
detail ed the implementation of certain articles in the Law on Cybe rsecurity , suddenly and without 
stakeholder consultation or input on the final draft that was approved.  
6.25.   The US Government and stakeholders ha d significant concerns about the Decree 's 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.  
6.26.   The United States remain ed concerned about the scope of application for requirements for 
foreign and domestic enterprises to sto re user data within Viet  Nam, and for foreign enterprises to 
establish a branch or representative office in Viet  Nam.  
6.27.   Furthermore, as the United States ha d noted previously, Viet  Nam ha d full mode 1 , cross-
border supply , commitments at the WTO for cloud services , where relevant commitments include d 
computer and related services, including data processing and database services,  and relevant value -
added telecommunication services.  
6.28.   US companies should be able to supply those services to Vietnamese firms on a cross -border 
basis, without being subjected to the additional burden of installing redundant computing facilities 
in the territory of Viet  Nam. 
6.29.   Overall, the United States  believe d that the Decree, with its short implemen tation period  and 
ambiguous requirement s related to data locali sation and local offices, would negatively impact 
foreign enterprises ' ability to provide services in Viet  Nam. 
6.30.   The representative of Australia  echoed other Members and noted that her delegation 
continued to have concerns regarding China 's cybersecurity measures, as  had been  reflected in 
previous statements made in the Council . Those  concerns had still not been addressed in the latest 
draft change s to China 's legislation.  
6.31.   Like others, Australia  had ongoing concerns with China 's cybersecurity regime, particularly 
around extra -territoriality, trade retaliation, data localisation requirements, large compliance costs 
for firms and the overall scope.  Her delegation  remained concerned about the lack of clarity when it 
came to definitions, jurisdiction and a number of other fundamental elements.  
6.32.   Australia continued to urge China to take into account the concerns of business es and 
Members in the implement ation of those  measures and development of future measures and  stood  
ready to work with China in that regard.  
6.33.   In relation to Viet  Nam, Australia  noted the passing of the Cyber security Decree 53 on 
12 August, which required certain businesses to store a ran ge of personal information in Viet  Nam. 
Australia was concerned that such data localisation requirements could impose high compliance costs 
on businesses and make it difficult for Australia n businesses seeking to enter or continue operating 
in Viet  Nam. Australia  again encouraged Viet  Nam to ensure that any new regulations were business -
friendly and consistent with their shared commitments on digital trade.  
6.34.   The representative of Canada  indicated that her delegation continued to have concerns about 
China's c ybersecurity regime and echoed the specific comments made by Australia, which called on  S/C/M/150  
 
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  China to consider comments expressed by trading partners. She noted that Canada would not repeat 
its concerns  at that meeting , but that those concerns  persisted . 
6.35.   At that meeting, Canada wished to highlight recent developments in Viet Nam's domestic 
framework. Her delegation was concerned that the  implementation of Viet  Nam's Cybers ecurity 
Law's rules requiring foreign companies to store user data in Viet  Nam would impose a significant 
burden on companies.  
6.36.   On 15  August  2022, Viet  Nam had issued Decree  53 to implement the Articles of its 
Cyber security Law applicable to data locali sation, with an effective date of 1  October  2022. Under 
the Law, foreign ente rprises engaged in the provision of identified services or functions  to users in 
Viet Nam , e.g., telecommunications services, data storage, e -commerce, and social media , would 
be required to store regulated data , e.g., personal information, account informa tion, and user 
relations , in Viet  Nam and establish a branch or representative office in Viet  Nam. 
6.37.   Those  rules could be financially prohibitive, particularly for small - and medium -sized 
enterprises, and act as a barrier to trade.  Canada continued to urge V iet Nam to implement its Laws 
and regulations applicable to the transfer , storage  and processing of data in a manner that was 
consistent with Viet  Nam's trade commitments.  
6.38.   The representative of the European Union  reiterated her delegation's concerns about the 
cybersecurity measures of China and their implementation.  
6.39.   The European Union was concerned with a number of requirements included in China's 
cybersecurity framework, including obligations that concerned criti cal information infrastructure 
protection, as well as data localisation and  a security assessment  for cross -border data transfer , a 
classified cybersecurity protection scheme, and a comprehensive certification and testing scheme 
for critical network equipm ent and specialised network security products.  
6.40.   The Cybersecurity Law was accompanied by a large number of supporting laws, regulations , 
and standards, most of which applied  across all sectors. The European Union understood  that some 
of those  laws exist ed only in draft format. That create d a labyrinth of unclear requirements that 
foreign companies were asked to fulfil.  
6.41.   The European Union was  concerned about how some of the requirements  were consistent with 
China 's GATS commitments. The European Union reiter ated its request that China address the 
concerns that the European Union and other Members had consistently raised.  
6.42.   As regard ed Viet Nam's cybersecurity measures, the European Union  understood  that the 
implementing Decree of the Cybersecurity Law had taken effect on 1 October.  
6.43.   The European Union was  concerned about what the Decree entail ed for foreign companies. 
According to currently available information, the Decree provide d for data storage and the 
establishment of a branch or representative of fice in Viet  Nam. In particular, it require d companies 
to store a number of data categories in Viet  Nam. 
6.44.   The European Union invited  Viet Nam to provide further information on the implementation 
and clarify further which sectors or types of companies were affected , what were the steps envisaged 
before any data localisation or local presence requirements were imposed , and what happen ed 
before the Ministry notifie d foreign companies of violations of the Cybersecurity Law.  
6.45.   The European Union  noted that data lo calisation requirements could  be detrimental for 
businesses, in particular for SMEs, as they entail ed high costs and were disruptive to a number of 
business models.  The European Union , therefore , expect ed that the Law would be implemented in a 
manner that did not restrict trade and was in line with Viet  Nam's GATS commitments.  
6.46.   The representative of China  thanked the Members who had taken the floor for their continued 
attention to China's cybersecurity -related legislation.  China attached great importance to the 
development of the digital economy and had always committed to creating a favourable  environment  
for it.  S/C/M/150  
 
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  6.47.   As emphasised before, China's cybersecurity -related laws, regulations and measures were 
based on national conditions and had taken into account various international practices. The relevant 
legislative authorities had widely solicited public opini ons and advice in the process, including 
suggestions from the enterprises from the Members  who had spoken previously . 
6.48.   The relevant measures aimed at guaranteeing  data security as well as the lawful, orderly , and 
free flow of data. China had always abided b y international rules and earnestly fulfilled its WTO 
commitments. All those  measures were implemented in order to fulfil legitimate public policy 
objectives and were equally applied to both Chinese and foreign enterprises.  The allegation  that 
China's cybe rsecurity -related  measures would affect the normal business activities of foreign 
enterprises and put them at a competitive disadvantage did not tally with the fact s. 
6.49.   China also wished  to take that opportunity to provide some updates on its legislative pro cess 
in that area. The data export security  assessment  measures had come  into effect on 1  September 
2022 after soliciting public opinions and the assessment and revision process.  
6.50.   The measures provide d a clear , explicit,  and complete roadmap for the securi ty assessments 
for cross -border data transfers. Meanwhile, China had also released a draft for comments  on 
"Standard Contract Provisions on the Export of Personal Information ".  
6.51.   The provisions clarif ied how personal information could  be transferred overseas by using a 
standard contract. Furthermore, guided by the fundamental policy of opening up,  China was actively 
participating in international rules -making for the digital economy. China was willing to work with all 
Members to promot e the sound development of the global digital economy.  
6.52.   The representative of Viet Nam  thanked Japan, the United States , Australia, Canada, and the 
European Union for sharing their views with regard to Viet Nam's Cybersecurity Law, Decree 5 3/2022 
of the Gov ernment to implement certain articles of the Cybersecurity Law and the draft Decree o n 
Personal Data Protection.  
6.53.   Viet Nam reiterated t hat its Cybersecurity Law had been  enacted to protect national security, 
social order and safety , and the legitimate right s and interests of organi sations and individuals in 
cyberspace. It contributed to establishing order and discipline in cyberspace to ensure a stable, safe, 
and equal cyberspace for domestic and foreign enterprises  to invest and develop in Viet Nam , 
ensuring a safe and healthy network environment  and creating favourable conditions for the 
development of e -commerce , including cross -border services.  
6.54.   In the process of developing the Cybersecurity Law, Viet Nam had carefully studied 
international regulatio ns and , at the same  time, reviewed international Treaties and Agreements to 
which Viet Nam was a party to ensure that the provisions of the Law were consistent and compatible 
with Viet Nam's commitments. As a result, the Law was in full compliance with Viet Nam's  
international commitments, including but not limited to those in the GATS.  
6.55.   The Cybersecurity Law had entered into force on 1 January 2019, whereby all the terms and 
clauses of the Law had come  into force from that effective dat e, except articles an d clauses that 
required written guidance or implementation, among which Article 26 (3) on data localisation and 
local presence requirements  of that Law. On 15 August 2022, the Government of Viet Nam had 
issued Decree 53 to implement certain articles of the Law, including but not limited to Article 26 (3). 
6.56.   The Decree provide d clarity with regard to regulated data and regulated enterprises. 
Regulated enterprises were subject to data localisation and local presence requirements only when 
they fail ed to cooperate or refuse d to cooperate with Vietnamese functional  forces in providing 
information for criminal investigation and handling.  
6.57.   They were not required to store civ il service users'  data and set up a representative office or 
open a branch in Viet Nam if they were fully compliant with the requirements of the Ministry of Public 
Security of Viet Nam in  terms of  cooperation and coordination in providing information for 
investigation and handling of related violators.  S/C/M/150  
 
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  6.58.   It was obvious that the provisions of Decree 53 were clear, non -discriminatory, and 
proportionate to security concerns because comments from domestic and foreign stakeholders had 
been taken into account in balancing  their interest s and Viet Nam's national security needs.  
6.59.   With regard to the draft Decree on Personal Data Protection, the Drafting Committee  and the 
Ministry of Public Security  were reviewing all comments, from both domestic and foreign 
stakeholders , taking into account the characteristic conditions and requirement s of Viet Nam as well 
as ensuring  compliance with the provision s of international Law and Treaties to which Viet Nam was 
a party.  
6.60.   Finally, from the statement s of some Members  who had intervened previously , it seemed  that 
there was a certain level of misunderstanding concerning Decree 53 . In that connection , Viet Nam 
emphasi sed its willingness to be engaged with interested Members to provide further explanations 
as necessary.  
6.61.   The Chairman  suggested that the Council take note of the statements made.  
6.62.   It was so agreed . 
7  ITEM G: 5G-RELATED MEASURES OF AUSTRALIA – REQUESTED BY CHINA  
7.1.  The Chairman  indicated that the item had been added to the agenda of the Council at the 
request of the de legation of China.  
7.2.  The representative of China  recalled that  at previous meetings  his delegation had raised 
concerns several times that Australia had prohibited Chinese companies from providing 5G -related 
services merely based on suspicions and guesses , without any factual evidence.  
7.3.  Those measures severely restricted Chinese services suppliers ' usual business operations in 
Australia and were inconsistent with WTO rules, particularly the MFN and transparency obligations  
of the GATS, as well as Australia 's GATS commitments.  
7.4.  China urged Australia to rectify th ose discriminatory p ractices as soon as possible and provide 
further clarifications on the relevant restrictive measures. China hoped that Australia would create 
a fair, just, and predictable business environment for all enterprises, including Chinese ones.  
7.5.  The representative  of Australia  noted China's statement. China had first raised that issue 
elsewhere in the WTO in late 2018. Since that time, Australia had engaged constructively and in 
good faith with China to explain the rationale for its position. Australia reiterated t hat its position on 
5G networks was country -agnostic, transparent, risk -based, non -discriminatory, and fully WTO -
consistent.  
7.6.  The Chairman  suggested that the Council take note of the statements made.  
7.7.  It was so agreed . 
8  ITEM H: MEASURES OF THE UNITED STATES R ESTRICTING TRADE IN SERVICES – 
REQUESTED BY CHINA  
8.1.  The Chairman  indicated that the item had been added to the agenda of the Council at the 
request of the delegation of China.  
8.2.  The representative of China  recalled that his delegation had expressed its concern s about the 
US trade -restrictive measures at previous Council meetings. However, unfortunately, the Committee 
on Foreign Investment in the United States'  investigation on TikTok was still ongoing and the US 
Government still required a security risk review on Chinese apps and services.  
8.3.  Moreover, the US Federal Communications Commission had decided to revoke both 
China  Telecom's and China Unicom's domestic and international authority to provide 
telecommunication services in the United States pursuant to Secti on 214 of its Communications Act, 
citing national security concerns.  S/C/M/150  
 
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  8.4.  Through the above -mentioned measures, the United States had seriously abused the concept 
of national security. Those measures had an obviously restrictive impact on trade in services and 
were not consistent with the WTO principle of trade liberalisation.  
8.5.  The US Government restricted business operations and investment activities of Chinese 
enterprises in the United States, based solely on suspicions and speculations without evidence. Those 
measures had undermined the legitimate rights and interests of Chinese enterprises as well as 
consumers, including US users. They had disrupted the normal market order and violated 
international trade rules.  
8.6.  Meanwhile, the United States had abused restrictive measures to oppress enterprises of other 
countries. Such measures had le d to difficulties and obstacles for normal economic and trade 
cooperation between  foreign, including Chinese, and US enterprises, severely damaged international 
economic an d trade order, and free trade rules, and posed a serious threat to global  industrial and 
supply chains. That was not in the interest of the United States and the whole world.  
8.7.  China once again urged the United States to immediately correct its wrong -doings,  return to 
the right track of win -win cooperation and work with the international community to contribute more 
to the stability of global  industrial and supply chains and work positively towards the recovery of the 
world economy.  
8.8.  The representative of the United States  recalled that , as his delegation  had stated in previous 
meetings of the Council , the actions cited by China had been taken by the United States to protect 
the US national security.  
8.9.  The Chairman  suggested that the Council take note of the stat ements made.  
8.10.   It was so agreed . 
9  ITEM I: MEASURES OF INDIA RESTRICTING TRADE IN SERVICES – REQUESTED BY 
CHINA  
9.1.  The Chairman  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 recalled  that his delegation had raised concerns on that issue in 
previous  Council meetings. However, unfortunately, India had added more apps to the ban list, 
instead of correcting its measures. So far, more than 200 Chinese apps had been banned.  
9.3.  Those measures had a seriously adverse impact on Chinese enterprises ' business activities in 
India. They had undermined the legitimate interests of Chinese enterprises and violated the basic 
principles of the WTO as well as India 's multilateral  commitments.  
9.4.  China reiterated its serious concerns and urged India to stop its discriminatory measures 
against Chinese enterprises, and create an open, fair, and non -discriminatory business environment 
for services suppliers from all WTO Members, including Chinese ones.  
9.5.  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 reservi ng 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.  
9.6.  The Chairman  suggested that the C ouncil take note of the statements made.  
9.7.  It was so agreed . S/C/M/150  
 
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  10  ITEM J : RECENT DEVELOPMENTS IN TRADE IN SERVICES STATISTIC S 
10.1.   The Chairman  indicated that, a s per established practice, the Secretariat had once again been 
invited to update the Membership on recent developments in services trade statistics.   
10.2.   A representative of the Secretariat  indicated that services trade had seen a partial recovery  
in 2021 . While service trade  had increased by 16% compared to 2020 , it remained  5% below pre -
pandemic level s of 2019. Compared to g oods trade, services trade had declined  more during the 
pandemic , with an 18 % decline in  services  trade  compared to 8% in goods  trade on a Balance -Of-
Payment s basis. Services trade had also witnessed  a smaller recovery in 2021  than goods trade , a 
trend that was observed through the first quarter  of 2022 . The Secretariat would release its 
estimates for the second quarter in late  October.  
10.3.   The r ecovery of services  trade  was boosted  by a surge in demand for transport services and 
high shipping rates , but also by the resilience of other  services.  Travel, a proxy for tourism  services , 
increased 80% year -on-year in the first quarter of 2022 but remained 47% below pre -pandemic 
levels in the same quarter of 2019 . 
10.4.   In general, most services sectors  had recorded  positive growth  rates in 2021 compared to 
pre-pandemic levels in 2019 , but sectors requiring cross -border mobility  of people continue d to lag. 
On an annual basis, t ravel remain ed 58% below its 2019 value , and passenger transport, which was 
closely linked  to international travel , was 55% below its 2019 value . Construction continued to be 
affected by the pandemic, with  declines  of 8% in 2021 , and 18% in 2020 , as the sector struggled 
with cancellations and delays of construction  projects, as well as  supply  chain disruptions that left 
key materials unavailable.  
10.5.   On the other hand, many  services sector s had recorded impressive growth. On an annual 
basis, f reight transport services increased by 44% compared to 2019 due to high shipping rates. In 
addition , computer services, the most dynamic service s sector in the last decade , increase d by 34%, 
as did  insurance  services with an annual increase of  30%, partly due to  freight insurance , which was 
related  to the strong growth in transport services. However , several  other services sectors also 
recorded double -digit growth  in 2021 . 
10.6.   In 2021, the t ransport  sector was the fastest growing services sector, but in 2022, the 
scena rio had changed  slightly . According to the Global Container Index by Freightos , shipping rates 
had dropped significantly since the beginning of 2022. On 7 October, global container rates averaged 
US$ 3,699 compared to a round US$ 10,0000 in the same period  last year . 
10.7.   Liners had recently begun to suspend  entire routes , and delivery times had improved. That 
was the pandemic in reverse mode: the surge in shipping rates was always known to be a temporary 
effect of the pandemic , due to excess demand for goods and low suppl ies. In 2022, t he situation 
began  to normali se as consumers started  spending more on  services again , while demand for goods 
declined.  
10.8.   Moreover , the current  economic and geopolitical context , high inflation rates in many 
countries, and the rise in energy prices  were affecting  household purchasing power and cooling down 
demand  for goods . The representative pointed out  that shipping rates could  reach 2019 levels by 
the end of 2022.  
10.9.   Monthly data from four major  transport traders  (China, Republic of Korea, United States, 
Germany)  showed that the value of exports and imports of transport serv ices had surged in 2021. 
However, trade values for transport services had been declining in recent months, indicating a 
normali sation of the situation , although that would still take a little bit of  time, the representative 
said. 
10.10.   With respect to travel exp orts, the picture varied across  regions in the second quart er of 
2022 compared to pre -pandemic levels  in 2019 . Parts of Asia were still closed to travel and the 
region experienced  high negative growth ; China, whose exports were  75% below pre -pandemic 
levels, was a case in point . On the other hand, the picture was positive  in the America s, as Mexico 's 
exports, for example,  were 17% above pre -pandemic level s, also related to  the strong dollar.  Finally , S/C/M/150  
 
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  travel exports in the European Union  remained  10% below  the level in 2019. However , as the 
estimates did not yet include data from the summer , the situation appeared to be improving . 
10.11.   Some services sectors, such as computer and financial services , had performed  well in 202 1 
and during the pandemic. One of  the reasons was that those services could  be delivered  digitally . 
According to new WTO estimates, global export s of digitally  delivered services  had more than tripled 
since 2005 , growing  by 7.3% between 2005 and 201 9 and outpacing growth in exports of goods 
and other services. In addition, growth in digitally delivered services was boosted during  the 
pandemic, due to remote work,  distance  learning, and entertainment services . Compared to 2019 , 
global exports of digitally delivered services had increased by  30% in 2021 , reaching US$ 3.71 
trillion.  
10.12.   In 2021, 52.5% of global exports of digitally delivered services  originated in Europe , but 
compared to 2005, Europe's share  had declined . On the other hand, Asia 's share  of global exports 
of digitally  delivered services had increased from 15 .1% in 2005 to 22.8% in 2021 , while North 
America's  share was equal to  18% in 2021.  However, in some regions , that share stagnated or did 
not increase  much , which was  particularly true for South and Central America and the Caribbean as 
well as  for Africa , the latter  had a  share of less than 1% . 
10.13.   An index based on 2015 values of digitally delivered services exports further revealed the 
different performance across  regions  in recent years . Between 2015 and 2021, Europe's growth in 
exports of digitally delivered services was in line with the rest of the world , while Asia had grown  
faster than  the rest of the world.  In North America, South and Central America and the  Caribbean , 
Africa , and t he Commonwealth of Independent States  (including certain former and associate 
member states) , digitally delivered services had grown less rapidly . In particular , LDCs lagged 
behind , likely due to the fact that they had t he lowest internet penetration , with only 36% of the 
population using  the internet. Low connectivity hindered  the participation of LDCs in the export of 
digitally delivered services.  
10.14.   The representative also presented recent , preliminary  estimates on intermediate services. 
While  trends in intermediate goods  were often discussed, there were no  recent  statistics on trade in 
intermediate services , she said . Intermediate services were those services that serve d as inputs to 
other economic act ivities , i.e., they were part of the production process  and served as  intermediate 
consumption , which distinguished them from final services, which were for final consumption . 
Statistics on intermediate services were important because  they were relevant in  the context of GVC 
analysis.  
10.15.   Preliminary WTO estimates indicated that  intermediate services account ed for 58%  of global 
services trade  in 2019 and had reached US$ 3.95 trillion in 2021. The estimates were ba sed on a 
correlation table between the services classification in the Balance -of-Payments , the Central Product  
Classification (CPC) and the classification by Broad Economic Categories  (BEC) Rev. 5, which was 
an international statistical classification on the predominant use of goods and services.  
10.16.   The relative share of intermediate services in total services exports was highest in Europe 
at 60.7%, followed by Asia with a share of 56.7%.  The Middle East  and Africa , on the other hand,  
exported predominantly services for final consumption, wh ile lagging  behind in exports of 
intermediate services.   
10.17.   The representative pointed out  that work on intermediate services was also underway  in 
other statistical communities. For example , in July,  Eurostat had released  new estimates o f trade in  
intermediat e services and final services on a bilateral basi s, including  figures on  extra-EU trade.   
10.18.   The Secretariat also found that intermediate services exports were positively correlated with 
income. For instance, in 2019, 81.5% of global exports of intermediate s ervices were accounted for 
by high -income  economies, and the share declined as income levels fell . The representative  noted  
that work on intermediate services was ongoing . 
10.19.   The representative of Uruguay  thanked the Secretariat for their interesting presentation. He 
asked whether the  regional figures  shown  referred to  intraregional  or interregional trade.  He 
mentioned that , for example,  the share of trade in  intermediate  services in Europe was shown to be 
at around  50% and asked whether that concerned  intraregional trad e or trade with other regions.  S/C/M/150  
 
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  10.20.   The representative of the Secretariat  replied  that the data on intermediate services , which 
were shown separately for the regions, concerned trade with the worl d, and thus did not refer to 
intraregional  trade. However, the chart by Eurostat referred to  extra-EU trade.  
10.21.   The representative of China  thanked the Secretariat for their interesting presentation. He 
asked if there was more disaggregated data on intermediate and final services, and what services 
were typically considered intermediate or final.  
10.22.   The representative of the Secretariat  replied  that the values of the intermediate services  
shown  were consolidated  using a botto m-up approach, meaning  that the underlying data was at the 
country  level, allowing a breakdown by services  sector s and income level . 
10.23.   Regarding  the second question, she pointed out  that typical example s of services  for final 
consumption  were tourism and pas senger transport , as there was no further consumption by other 
economic activities. A number of other services could be considered  services for  intermediate 
consumption , such as many  professional  services , services related to  manufacturing , and 
maintenance . 
10.24.   The approach was to  allocate the value of services for either final consumption or 
intermediate consumption. For certain services,  however,  the trade  value had to be split, as they 
could be consumed as final  services by household s or as intermediate services by businesses , for 
example  computer services.  
10.25.   The Chairman  suggested that the Council take note of the statements made.  
10.26.   It was so agreed . 
11  ITEM K: OTHER BUSINESS  
11.1.   A representative of UNCTAD  welcomed  the opportunity to brief the Council on the outcome of 
UNCTAD's ninth Multi-year Expert Meeting, also known as MYEM,  on Trade, Services  and 
Development, that had been held from  4 to 6 July.  
11.2.   The theme of the  ninth MYEM  was "The evolving landscape of digital trade in services". It was 
part of the MYEM  series designed to examine the role of trade in services in economic diversification 
and sustainable development. The main outcome of the meeting was the proposal to establ ish an 
informal and open -ended working group on services trade data.  
11.3.   During th e MYEM , a large number of issues related to data had been  discussed . The three 
most important ones were, firstly, that service s trade tend ed to be under -measured , especially in 
developing countries  where important data gaps still existed . That was primarily because services 
were intangible and often conceptually difficult to define , and quantifying them was therefore a 
challenge.  
11.4.   Services also came  in a large variety of forms , and captur ing them require d multiple data 
sources, which translate d into the need for collaboration among different government agencies. 
Developing countries often lack ed the capacity and institutions to do that.  During the MYEM , it had 
also been expressed t hat in many countries, the business registers, for example, did not work well  
and it was therefore very hard to find out who was actually exporting and importing services.  
11.5.   Second ly, when data exist ed, it was  often underutili sed by policymakers . A prominent  case 
was the value -added tax data , which could potentially be an important  source of information to 
better understand interfirm dynamics , such as the issue on intermediate services presented by the 
WTO Secretariat , and inform  policymaking.  
11.6.   Thirdly, more often than not, there was a disconnect between those who produce d data and 
those who use d them.  
11.7.   The proposal to establish the working grou p was largely informed by two  considerations: to 
provide a platform for stakeholders to discuss data  needs, identify gaps, and share information on S/C/M/150  
 
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  available tools and resources ; and , in particular, to find out what data was needed to better 
understand the  impact  of service trade policies on firm -level performance.  
11.8.   As a follow -up, UNCTAD would  issue a call for nomination s and expression s of interest  to 
Geneva -based delegations and other interested international organisations, and other important 
partners . The aim was for the working group to meet early in 2023 . UNCTAD would  keep the WTO 
Secretariat updated about the process.  
11.9.   The representative of Canada  thanked UNCTAD for its presentation  and asked where the 
working group was located within the organisation.  She further asked whether there had already 
been discussions with the WTO , since data -related cooperation already existed , and whether the 
working group was part of that cooperation or a stand -alone initiative.  
11.10.   The representative of UNCTAD  replied that the idea was to build on and complement existing 
initiatives within the UN. For instance, UNCTAD was part of the Inter-Agency Task Force on 
International Trade Statistics , of which the WTO was also a member .  
11.11.   The focus of the new working grou p would be on developing countries' needs and  on creating 
a space  for discussion between data produce rs and users.  The outcome would serve as  input to the 
Inter-Agency Task Force , particularly with regard to updating the statistic s Manual.  
11.12.   UNCTAD had also developed a platform for several West African countries with standardi sed 
questionnaire s and an  easy-operating IT statistical system. The working group would also explore 
whether  that could be used by countries to kick-start their process and to get  feedba ck on the 
system. That project  was also supported by the Inter-Agency Task Force.  
11.13.   A representative of the Secretariat  informed Members that the latest issue of "Services 
Insights", the newsletter produced by the Trade in Services and Investment Division, had just been 
issued. "Services Insights" offered a selection of news, articles, and opinions on the vast world of 
trade in services.  
11.14.   Members not yet familiar with that product but interested in reading should go to the WTO's 
services webpage, where they would find a box on the right -hand side with all available issues of 
the newsletter. By clicking on any of those issues, delegations ha d the possibility of subscribing to 
the newsletter. Alternatively, they were invited to contact Francine Martini, TSD's  editorial assistant, 
who would happily send them a link to subscribe.  
11.15.   The representative of Hong Kong, China  indicated that he had taken  a look at the latest issue 
of "Services Insights" and noted that there were a number of working papers that had been produced 
by the Secretariat. He asked if those working papers would become formal papers or be used as  
input to other ongoing studies by t he Secretariat.  
11.16.   The representative of the Secretariat  replied that the Staff Working Papers were internal 
research efforts by the Secretariat. They were intended  to inform the debate and discussion but  
would remain as informal Staff Working Papers.  
11.17.   The Chairman  suggested that the Council take note of the statements made.  
11.18.   It was so agreed.  
11.19.   The meeting  was adjourned . 
_________