INF/ECOM/49  
16 December  2019 
(19-8645) Page: 1/5 
 Original:  French  
 
  
JOINT STATEMENT ON ELECTRONIC COMMERCE  
COMMUNICATION FROM CÔTE D'IVOIRE  
The following communication, dated 13 December  2019, is being circulated at the request of the 
delegation of  Côte d'Ivoire . 
 
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I  Introduction  
1.  Côte d'Ivoire  is submitting this text proposal as a basis for discussion s on e -commerce  within the 
Joint Initiative on Electronic Commerce Group and reserves the right to revise or propose additional 
elements and/or provisions to this proposal . 
2.  Côte d'Ivoire , like the low -income developing countries,  recognizes the importance of the digital 
economy  for its sustainable development . The digital economy and e -commerce are increasingly 
permeating and transforming all sectors of the economy and  commer cial transactions and are 
shaping more and more global value chains . This certainly creates opportunities for development 
from which countries like Côte  d'Ivoire would like to fully benefit . However, in order to seize such 
development opportunities, Côte d'Ivoire , like other low -income developing countries, must 
overcome many challenges : various types of obstacles are slowing down the establishment of an 
effective ecosystem that would allow our country to fully exploit its e -commerce potential.  
3.  Our delegation believes that multilateral rules th at take into account the development challenges 
of all WTO Members are useful and necessary . Such rules protect us from unilateral actions, reduce 
uncertainty and , above all, provide us with a framework within whic h we can strengthen our own 
domestic regulation s, while taking into  consideration international trade  needs . The negotiations 
held under  the joint initiative on e-commerce  provide an opportunity to examine all e -commerce 
issues in a single forum  and also p rovide an  overview of all aspects of e-commerce and related 
interactions, including development needs.  
4.  Despite this view, which is shared by many countries in a position similar to that of Côte d'Ivoire , 
very few actually participate in the negotiations . The concerns that limit their participation are as 
follows:  
a. They rightfully believe that the plurilateral approach weakens mu ltilateralism . While it 
is true that a plurilateral approach is possible under WTO rules, and that some WTO 
Members should not be prevented from exploring f urther  liberalization according to the 
willingness and/or capacity of all Members , it is also true that this approach allows 
Members to ignore the development interests of low-income countries  whose 
involvement  within  these agreements is not of the slightest interest to the major trading 
powers . Our countries therefore run the risk of being left to take or leave what ever 
others decide.  
b. Low-income developing countries are concerned that plurilateral negotiations could 
undermine  multilateral negotiations . It is undeniable and understandable that the major 
trading powers are far  more active in digital trade negotiations that are  important for 
their offensive trade interests than in agr icultural negotiations in which they  have 
primarily defensive interests . The fear that a n outcome  in the e-commerce negotiations INF/ECOM/49  
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  could undermine  matters of key interest to low -income developing countries is therefore 
not unfounded . An isolated agreement on  e-commerce without progress on multilateral 
issues of importance  could  compromise the inclusive multilateral system.  
c. Low-income developing countries lack the  infrastruct ure and regulatory framework to 
fully exploit  the potential of e -commerce . They also, unfortunately, have not felt the 
effects of trade digitalization on their economic development . They therefore do not feel 
that they are in position to effectively defend  their interests and to negotiat e this 
complex and technical issue. 
d. Our countrie s have rather limited capacit ies to engage in  negotiat ions: our delegations 
in Geneva are quite small and our officials have various obligations outside the  WTO. 
We cannot afford to send experts to cover all areas of negotiation . We cannot afford to 
draw on technical support from our capitals as the more advanced countries are able to 
do. It is therefore understandable that we focus our limited resources on matters of 
importance to  our countries and that we have difficulty  tackling  subjects as complex as 
e-commerce.  
5.  Côte d'Ivoire  fully shares these concerns , but we do not believe that abstaining from participating 
in the negotiations is the solution , as this issue is too important for our future . On the contrary, we 
believe that it is important for the low -income developing countries to speak up  in these forums, 
and for their interests and constraints to be taken into consideration in the drafting  of the rules . 
Moreover, we have enough faith in our partners in these negotiations to b e convinced that our 
legitimate interests and constraints will be taken into account . While one of the objective s of these 
plurilateral negotiation s is to ensure that the new rules are accepted and respect ed by as many WTO 
Members as possible, we should encourag e their participation by taking account of  their concerns in 
the follow ing way: 
a. MC12 should not be limited to a plurilateral agreement on e-commerce . It is imperative 
that the interests of  all WTO Members are met  and that all Members contribute to the 
outcome s of the Ministerial.  
b. Low-income developing countries need technical assistance in order to be able to 
negotiate seriously in this area : (i) we need a technical analysis of our s ituation  and of 
the potential effect s of various measures  on our sustainable development ; and (ii) we 
need to build our capacit y to engage in negotiat ions on  these technical subject s both in 
our capitals and in our delegations here in Geneva . 
II  Côte d'Ivoire's p rincip les of negotiation  
1.  Côte d'Ivoire  intend s to pursue a proactive  and consensual appro ach. Our goal is to establish  a 
regulatory framework that has wide consent among  WTO Members.  
2.  We are in favour of a regulatory framework that will enable all Member countries  – and 
low-income developing countries  in particular  – to fully take advantage of  the opportunities that 
e-commerce provides for their sustainable development.  
3.  Our approach is  simple  and logical: 
a. We would like to have a regulatory framework that is in line with our development 
needs . Rather than seeking exception s to the rules that do not conform to th ose needs, 
we would prefer  rules that take our development needs into account, and to which we 
can adhere . Special and differential treatment should help us to inte grate into the global 
economy and allow us to do what is necessary  to fully benefit from this new trade 
instrument.  
b. Côte d'Ivoir e would welcome  a system of rules that is valid for all Members, but which 
takes into account the obstacles and constraints of t he least -developed countries . In 
order to achieve this, we prop ose an approach similar to the  one that was successfully 
adopted during  the negotiation s on trade facilitation , that is : (i) princip les accep ted by 
all Members who are party to this agreement ; and (ii) sp ecific measures for developing INF/ECOM/49  
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  countries that allow them to  gradually i mplement these measures according to their 
capacities.  
c. With regard to market access , Côte d'Ivoire  is pursu ing a liberaliz ation policy  that allows 
its industry in this area to develop and integrate into the global economy . An infant 
industry in this area cannot grow if it bears the full brunt of  competition from the 
international  giants from its inception . A certain degree of  protection that enables our 
industry to develop its services is indispensable, given the comparative advantage that 
established enterprises enjoy due to their infrastructure and overall experience . 
However, in order to avoid the creation of ineffective monopolies, such protection must 
be time -limited and gradually reduced according to agreed schedu les. 
d. With regard to  the payment of customs duties, Côte d'Ivoire  maintain s that an inclusive 
agreement on e-comme rce must avoid all prohibitions and should , instead,  continue  the 
practice of concessions as in other agreements, while s eeking to encourage the 
non-taxation of electronic transmiss ions through a strategy that strengthens the 
production capacity of consume r States . 
III  Propos als by Côte d'Ivoire  for ensur ing the participation of low -income developing 
countries  
1.  It is in WTO 's interest to ensure that all Members are able to participate in and enter into  an 
agreement that has been negotiated within our Organization . In order to allow low -income 
developing countries to actively participate in the negotiations  and to eventually enter into  an 
agreement, Côte d'Ivoire  propose s the following  measures : 
a. Countries engaging in  plurilateral negotiation s should  consider an agreement  to be an 
integral part of multilateral negotiations . To this end, they should commit to: 
• vigorously pursu ing multilateral negotiation s and respect ing their 
development objective s; 
• respect ing the priorities concerning food security established by ministers 
at MC11 , by developing, at a minimum, measures to promote food security 
in low-income developing countries to be adopted at the next Ministerial.  
b. Participants i n plurilateral negotiation s should commit  to work ing towards  an agreement 
that brings together the greatest possible number of WTO Member countries , rather 
than an agreement that contains concessions  that only a small number of major trading 
countries will be able to honour . To this end, they should commit to: (i) taking into 
consider ation the legitimate interests and constraints of developing countries ; 
and (ii) provid ing them with the necessary  assistance so that they are able to negotiate  
knowledgeably  and to undertake commitments  that they can effectively fulfil.  
c. Support to national digital networks for low -income countries should be guaranteed in 
order to ensure that these countries are able to benefit effectively from the opportunit ies 
that e-commerce provide s. We therefore propose that the development banks be 
convoked  by the Secretariat to develop  a mechanism to coordinate and facilitat e access 
to funding in this area . 
d. A framework for inter-institutional cooperation should be established . In a world where 
economies are increasingly interdependent and interconnected, participation in 
e-commerce appears to be a right . In this respect, the establishment of a legal 
framework to facilitate e -commerce should  inevitably be accompanied by the 
establ ishment of a multilateral cooperation forum for the various institutions involved 
in this area . The WTO  should hold a consultation meeting with the relevant agencies 
and draft a memorandum of cooperation with them.  
e. The WTO should urgently set up a fund accessible to the low-income developing 
countries that agree to participate in the negotiations on e-commerce, with a view an 
agreement with principles that apply to  all participating countries, provided that special INF/ECOM/49  
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  measu res that take into account the capacities and interests of developing countries, in 
accordance with the Trade Facilitation Agreement , are included . This fund would be in 
the interest of all WTO Members : it is in the interest of the Organization that all its 
Members, if they  so wish, should be able to participate knowledgeably and thereby 
contribute proactively and consensually to an agreement that takes the interests and 
constraints of a larger number of Members into account . The following measures are 
essential  for the effective engagement  of our countries:  (i) the reports of the facilitators 
must be ci rculated in the three official languages of the WTO;  (ii) all meetings should 
offer simultaneous interpretation, even if held outside offic ial working  hours; 
(iii) negotiati ng sessions should take other negotiating sessions into account , and lastly ; 
(iv) each low -income developing country involved in, and subscribing to, the objectives 
of such negotiation s should obtain the fund ing needed to have an expert from its capital 
attend the negotiatin g sessions . 
IV  Propos ed approach to special and differential treatment  
1.  Côte d'Ivoire  propose s the following approach to negotiations in order to ensure that  
development needs are taken into account and that a large number of WTO Members  participate : 
a. Regulatory  aspect : 
This aspect should  apply to all Members, irrespective of their stage of development . 
Development needs should be an integral part of the provisions . 
Negotiators  should work towards principles that would allow the greatest number of 
Members to adhere to those principles, instead of  adopting an approach t hat would 
satisf y only the major players in international trade . Côte d'Ivoire  is confident that the 
participants in these negotiations will take the development needs of all WTO Members  
into account . 
b.  Liberalization aspect : 
This aspect  should  define the conditions of market access and the facilitation of access 
to be granted to low -income developing coun tries that subscribe to the agreement.  
It should  also establish the principles t hat developing countries should adopt  on opening 
up their markets, while allowing them the freedom to choose the level of access they 
are prepared to grant . Their market access  offer will define the conditions of access , as 
well as the timetable for progressive  liberalization , and will be recorded in their 
schedules  of concessions.  
c.  Infrastructur al capacity  to participate in e-commerce : 
As infrastructure  is not a good or service to be traded, but  the means  through which 
produc tion and trade  occur , Members that are able to  provide the necessary support for 
the development of a digital ecosystem in low -income developing countries  should do 
so. In this regard , key commitments  in terms of market access will  depend on their 
ability to participate as a supplier or producer of digital goods and services.  
d. Facilitating the participation of developing countries in the agreement : 
i. Regulatory aspec t: 
Developing countries  – and low-income developing countries  in particular – 
should undertake to accept all the normative rules according to a schedule that 
they will submit, with the following two categories:  
- rules that they are willing and able to abide by  through their own means , and the 
schedule according to which they will apply them;  INF/ECOM/49  
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  - rules they are able to honour  only with assistance from WTO Members o r from 
international or  regional institutions.  
ii. Rules on market access:  
Developing countries  – and low -income developing countries in particular  – 
should define three categories of liberalization:  
–  market access that they are willing and  will be able to grant  once the agreement  
enters into force ; 
– market o pening that they are willing and will be able to provide  according to a 
gradually established schedule ; 
– market access that they are not currently in a position to provide . They should  
nonetheless commit to propos ing a schedule of liberalization  within 10 years.  
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