WORLD TRADE  
ORGANIZATION  RESTRICTED 
WT/ACC/SPEC/LAO/5/Rev.2/Corr.1
WT/ACC/SPEC/LAO/6/Corr.1 21 September 2012 
 
(12-5113) 
Working Party on the 
Accession of Lao PDR Original:   English 
 
 
 
ACCESSION OF LAO PDR 
 
Draft Report of the Working Party on the Accession of Lao PDR  
to the World Trade Organization 
 
and 
 
Draft Schedule of Specific Commitments on Trade in Services 
 
Corrigendum1 
 
  
I. DRAFT REPORT OF THE WORKING PARTY 
 
1. On page 10, paragraph 25, the following sentences should read as underlined below: 
 
 - The representative of Lao PDR said that, as a result of the review process of Laws 
Nos. 10/NA and 11/NA and their implementing regulations, these requirements were 
no longer included in Law No. 02/NA "On Investment Promotion" of 8 July 2009 and 
the Implementing Decree No. 119/PM.  He  reaffirmed that Annex 1 to Decree 
No. 119/PM and Law No. 02/NA "On Investment Promotion" did not provide for any 
measures contingent upon export perform ance and local content requirements. 
 2. On page 15, paragraph 41, the following sentences should read as underlined below: 
 
 - The representative of Lao PDR confirmed that, from the date of accession, Lao PDR 
would apply price controls in a WTO-consistent fashion, including Article III:4 of 
the GATT 1994, Article 4 of the WTO Agreem ent on Agriculture, and Article VIII of 
the General Agreement on Trade in Services ( GATS).  He further stated that in the 
application of price controls from the da te of accession, Lao PDR would take account 
of the interests of exporting WTO Members as provided for in Article III:9 of the 
GATT 1994. 
 
3. On page 19, paragraph 56, the following sentence should read as underlined below: 
 
 - The representative of Lao PDR said under  Decree No. 205/PM "On the Management of 
Export and Import" of 11 October 2001, any pe rson wishing to engage in importation 
or exportation for commercial purposes must be registered as an enterprise in Lao PDR. 
 
                                                      
1 These changes will be reflected in the final version of the Working Party Report and the Schedule of 
Specific Commitments on Trade in Services. WT/ACC/SPEC/LAO/5/Rev.2/Corr.1 
WT/ACC/SPEC/LAO/6/Corr.1 Page 2 
 
 
  4. On page 21, paragraph 60, the following sentence should read as underlined below: 
 
 - All MFN customs duties were ad valorem , applied on the c.i.f. value of the imported 
goods, with a median tariff rate of 5 per cent, a trade-weighted average tariff of 
14.7 per cent, and a simple aver age tariff of 9.5 per cent. 
 
5. On page 22, paragraph 63, the following sentence should read as underlined below: 
 
 - He further confirmed that Lao PDR would bi nd "other duties and charges" as defined in 
Article II:1(b) of the GATT 1994 at zero  in its Schedule of Concessions and 
Commitments on Goods. 
 
6. On page 24, paragraph 72, the following sentences should read as underlined below: 
 
 - The representative of Lao PDR confirmed that, from the date of accession, all laws, 
regulations and other measures relating to internal taxes and charges levied on 
imports would be in full conformity with  its WTO obligations, including Articles I 
and III of the GATT 1994.  The Working Party took note of this commitment. 
 
7. On page 25, paragraph 74, the following sentence should read as underlined below: 
 
 - He confirmed that the products listed in Table 11 were the only goods that required a 
non-automatic import licence and that the pr oducts listed in Table 12 were the only 
goods that required an automatic import licence for importation into Lao PDR. 
 
8. On page 26, paragraph 76, the following sentence should read as underlined below: 
 
 - The list of goods subject to imports an d exports licensing would be published on the 
MOIC website and available in the offices of the Import Licensing Authorities.   
 9. On page 28, paragraph 82, the following sentence should read as underlined below: 
 
 - The representative of Lao PDR confirmed that from the date of accession, Lao PDR 
would eliminate and not introduce, re-introduce or apply quantitative restrictions on imports, or other non-tariff measures such as licensing, quotas, prohibitions, bans and 
other restrictions having equivalent eff ect that could not be justified under the 
provisions of the WTO Agreement. 
 10. On page 30, paragraph 86, the following sentence should read as underlined below: 
 
 - From the date of accession, the valuation provisions of the Customs Valuation 
Agreement would be applied to all imports. 
 
11. On page 31, paragraph 88, the following sentence should read as underlined below: 
 
 - A risk management system might need to  be introduced once the new system was in 
place to address fr aud and under-invoici ng by importers. 
 
12. On page 33, paragraph 97, the following sentence should read as underlined below: 
 
 - This had not been achieved, and a ll plans for pre-shipment inspection had 
subsequently been discontinued.    WT/ACC/SPEC/LAO/5/Rev.2/Corr.1 
 WT/ACC/SPEC/LAO/6/Corr.1  Page 3 
 
 
   
13. On page 33, paragraph 98, the following sentence should read as underlined below: 
 
 - He further confirmed that Lao PDR would ensure that such enterprises operating on 
its behalf complied with the provisions of WTO Agreements including 
the Agreements on Technical Barriers to Trade, the Application of Sanitary and 
Phytosanitary Measures, Import Licensing Procedures, the Implementation of Article VII of the GATT 1994, Rules of Orig in, the Implementation of Article VI of 
the GATT 1994 (Anti-dumping), Subsidi es and Countervailing Measures, 
Safeguards, and Agriculture. 
 14. On page 34, paragraph 99, the following sentences should read as underlined below: 
 
 - He also confirmed that his Government would not apply any anti-dumping or 
countervailing measures until it had notified and implemented appr opriate laws in 
conformity with the provisions of th e WTO Agreement on the Implementation of 
Article VI of the GATT 1994, and on Subsidies and Countervailing Measures, and 
that the application of any such measures would only be in conformity with the 
relevant WTO provisions.  The Working Party took note of these commitments. 
 
15. On page 41, paragraph 116, the following sentences should read as underlined below: 
 
 - With technical assistance having been provided and additional assistance being 
sought, Lao PDR would ensure that its le gal framework on technical regulations, 
standards and conformity assessment was in compliance with the TBT Agreement by 
31 December 2012.  The representative of Lao PDR envisaged full implementation of 
the TBT Agreement by 31 December 2014, in accordance with the Action Plan 
set-out in Table 18. 
 16. On page 43, paragraph 121, the followi ng sentence should read as underlined below: 
 
 - Lao PDR was asked to elaborate on the policy-making process in the TBT area and 
how it would ensure participa tion of foreign stakeholders. 
 17. On page 46, paragraph 129, the followi ng sentence should read as underlined below: 
 
 - The Committee was made up of representatives of the Ministries of Industry and 
Commerce, Agriculture and Forestry, and Public Health, and was chaired by a 
representative of the Department of Food and Drug. 
 18. On page 46, paragraph 130, the followi ng sentence should read as underlined below: 
 
 - Full implementation of the SPS Agreement would be achieved by  31 December 2014, 
in accordance with the Action Plan set out in Table 19. 
 
19. On page 47, paragraph 134, the following sentences should read as underlined below: 
 
 - The representative of Lao PDR said that  Lao PDR accepted all Codex standards both 
for imported and domestically-produced goods .  However, due to limited resources 
and capacity constraints, Lao PDR has gra dually implemented Codex standards with 
view of full implementation of such sta ndards by the end of the transition period 
(1 January 2015).  Accordingly, Lao PD R had started implementing some Codex WT/ACC/SPEC/LAO/5/Rev.2/Corr.1 
WT/ACC/SPEC/LAO/6/Corr.1 Page 4 
 
 
  standards, which were the priorities for consumer protection a nd domestic production 
management.  Lao PDR was also raising awareness for local producers, so as to 
ensure their production and processing related activities can meet with the 
requirements of the Codex standards, guid eline, and recommendations when they are 
fully implemented in the Lao PDR. 
 
20. On page 48, paragraph 135, the followi ng sentence should read as underlined below: 
 
 - In case a country adopted different sta ndards than Codex standards, scientific 
justification was required. 
 
21. On page 49, paragraph 136, the followi ng sentence should read as underlined below: 
 
 - The requirement for characteristics attesta tions, and in addition, health certificates, 
would be applied in compliance with re levant Codex standards, guidelines and 
recommendations and also in compliance with the SPS Agreement. 
 22. On page 52, paragraph 144, the followi ng sentence should read as underlined below: 
 
 - In response to a question regarding D ecision No. 2860/MAF, the representative of 
Lao PDR said that the Regulation covere d:  (i) registration of pesticide; 
(ii) management of production, import, e xport, distribution, transportation, storage 
and transit of pesticide; (iii) use and dispo sal of pesticide; (iv) packaging, labelling 
and advertising of pesticide; and (v) ma nagement and inspection of pesticide. 
 
23. On page 54, paragraph 149, the followi ng sentence should read as underlined below: 
 
 - The representative of Lao PDR stated that Lao PDR would progressively implement 
the WTO Agreement on the Application of the Sanitary and Phytosanitary Measures 
in accordance with the Action Plan set-out in Table 19. 
 
24. On page 59, paragraph 165, the followi ng sentence should read as underlined below: 
 
 - He confirmed that the import restrictions previously imposed on rice - non-automatic 
licensing and indicative annual impor t plan - had been abolished. 
 
25. On page 60, paragraph 168, the followi ng sentence should read as underlined below: 
 
 - Lao PDR was encouraged to maintain its  current level of export subsidies for 
agricultural products 
 26. On page 61, paragraph 177, the followi ng sentence should read as underlined below: 
 
- Based on a Members' comments, the 2007 In tellectual Property Law had been revised 
and a new 2011 Intellectual Property Law had been adopted on 20 December 2011. 
 
27. On page 66, paragraph 190, the followi ng sentence should read as underlined below: 
 
- Asked to clarify the phrase "culture or fine traditions of the nation" contained in 
Article 4 of the 2011 Intellectual Property Law and whether copyright protection could be denied based on "cultural" objections, the representative of Lao PDR 
confirmed that, according to Articles 88 and 90,   all works were eligible for copyright  WT/ACC/SPEC/LAO/5/Rev.2/Corr.1 
 WT/ACC/SPEC/LAO/6/Corr.1  Page 5 
 
 
  protection except for: (i) news of the day or miscellaneous facts having the character 
of mere items of press information; (ii)  ideas, procedures, methods of operation or 
mathematical concepts as such; and (iii) offi cial texts of a legislative, administrative 
and legal nature, and official translations of such texts. 
 
28. On page 67, paragraph 194, the followi ng sentence should read as underlined below: 
 
- The 2011 Intellectual Property Law (Article  23) had extended the cases of exclusion 
from the trademark registration in line with the TRIPS Agreement. 
 29. On page 70, paragraph 200, the followi ng sentence should read as underlined below: 
 
- He further noted that the 2011 Intellectual Property Law had incorporated a provision 
to allow owners of a registered trademark or  third parties to object to the registration 
of a geographical indication. 
 30. On page 75, paragraph 217, the followi ng sentence should read as underlined below: 
 
- He noted that, in his view, the 2011 Intellectual Property Law had brought the 
provisions on provisional measures into full compliance with the TRIPS Agreement. 
 31. On page 76, paragraph 222, the followi ng sentence should read as underlined below: 
 
- In response to specific questions on whether the Customs Law and Decree 
No. 362/PM allowed for inspection and seizure of both imported and exported 
infringing goods, suspending the  release of  counterfeit or pirated goods, and whether 
further provisions were being contemplat ed, he noted that provisions on special 
border measures had also been included in Article 124 of the 2007 Intellectual 
Property Law which authorized border officials to inspect, seize and impound infringing imported or exported goods. 
 
32. On page 80, paragraph 228, the followi ng sentence should read as underlined below: 
 
 - Tourism was an important source of export revenue. But with market-oriented 
reforms and privatization, the private sector was gaining prominence in services sectors, such as computer, courier, telecommunications, construction, distribution, 
education, environment, insurance, banking and tourism. 
   
  WT/ACC/SPEC/LAO/5/Rev.2/Corr.1 
WT/ACC/SPEC/LAO/6/Corr.1 
Page 6  
II. DRAFT SCHEDULE OF SPECIFIC COMMITMENTS ON TRADE IN SERVICES 
Changes are indicated in strike-through, bold and underline: 
 
Sector or Sub-sector Limitations on Market Access Li mitations on National Treatment Additional Commitments 
I. HORIZONTAL COMMITMENTS (APPLICABLE TO A LL SECTORS INCLUDED IN THIS SCHEDULE) 
Movement of natural persons providing 
services (4) Unbound, except for measures 
affecting the temporary entry and stay of natural persons who qualify 
under one of the following 
categories, and in all cases, the total number of foreign natural persons in 
the following categories shall not 
exceed 20% of the total staff: 
 
A. Business visitors: 
A natural person  Natural persons  who: 
- Enters Enter  Lao PDR to be 
engaged in activities related to 
representing a services supplier for 
the purpose of negotiating for the 
sale of the services of that supplier; 
- Stays Stay  in Lao PDR without 
receiving remuneration from sources 
within Lao PDR; and 
- Does Do not engage in making 
direct sales to the general public or 
supplying services. 
 
The temporary stay of the business visitor 
visitors  is subject to a maximum duration 
of stay of 90 days.  
 
B. Intra-Corporate Transferees: 
Natural persons who have been employed 
by a juridical person of another Member 
outside Lao PDR for a period of not less than 1 year immediately preceding the (4) Unbound, except for measures 
concerning the categories of natural persons referred to in the market 
access column.  Unbound for all 
measures relating to  social insurance 
schemes including inter alia  
unemployment and pension benefits.   
   WT/ACC/SPEC/LAO/5/Rev.2/Corr.1
 WT/ACC/SPEC/LAO/6/Corr.1
 Page 7Sector or Sub-sector Limitations on Market Access Li mitations on National Treatment Additional Commitments 
request for transfer to  Lao PDR, who seek 
temporary entry to provide services 
through commercial es tablishment of that 
juridical person in Lao PDR, who cannot be substituted by Lao PDR nationals, and 
who fall within one of the following 
categories: (a) Executives:  Natural persons within 
an organization who primarily direct the management of the organization, exercise wide latitude in decision-
making, and receive only general 
supervision or direction from higher-level executives, the board of 
directors, or shareholders of the 
business.  Executives would not directly perform tasks related to the 
actual supply of a service or services 
of the organization; and  
(b) Managers:  Natural persons who 
possess knowledge at an advanced 
level of expertise or proprietary 
knowledge of a juridical entity 
product, service, a juridical entity's 
products, services,  research, 
equipment, techniques, or 
management, and who primarily direct the organization or a 
department of the organization; 
supervise and control the work of other supervisory, professional or 
managerial employees; have the 
authority to hire and fire or recommend hiring, firing or other 
personnel actions; and exercise 
discretionary authority over day-to-day operations.  They do not include 
first-line supervisors, unless the 
employees supervised are  
  WT/ACC/SPEC/LAO/5/Rev.2/Corr.1 
WT/ACC/SPEC/LAO/6/Corr.1 
Page 8 Sector or Sub-sector Limitations on Market Access Li mitations on National Treatment Additional Commitments 
professionals2, nor do they include 
employees who primarily perform 
tasks necessary for the supply of the 
service.  
(c) Specialists:  Natural persons within 
an organization who possess 
knowledge at an advanced level of continued expertise and who possess 
proprietary knowledge of the 
organization's services, research equipment, techniques, or 
management and where there are 
shortages of Lao PDR nationals with requisite skills.  
 
For the natural persons in the categories defined under intra-corporate transferees, 
temporary residency and work permit will 
be issued for 1 year which may be 
renewed every 6 months for up to 3 years 
as long as conditions indicated for each category are satisfied.
 
 
__________ 
                                                      
2 Natural persons with professional qualifications for performing wo rk within the scope of a par ticular profession, where these are required by the laws and regulations 
of Lao PDR.