WT/MIN(13)/W/15  
 
6 December 2013  
(13-6722)  Page: 1/2  
Ministerial Conference 
Ninth Session 
Bali, 3-6 December 2013    
 
 OPERATIONALIZATION OF THE WAIVER CONCERNING PREFERENTIAL TREATMENT TO 
SERVICES AND SERVICE SUPPLIERS OF LEAST-DEVELOPED COUNTRIES 
DRAFT MINISTERIAL DECISION 
The Ministerial Conference , 
Having regard to paragraph  1 of Article IX of the Marrakesh Agreement Establishing the 
World Trade Organization;  
Recognizing  that services trade can play an important role in achieving the development 
objectives of LDCs; 
Recalling  that the WTO Agreement acknowledges the need for "positive efforts designed to 
ensure that developing countries, especially the least developed among them, secure a share in 
the growth in international trade commensurate wi th the needs of their economic development"; 
Reaffirming  that the waiver Decision ("Preferenti al Treatment to Services and Service 
Suppliers of Least-Developed Countries", Decision of 17 December 2011, WT/L/847) taken by 
Members constitutes an important positive effort to help increase the participation of LDCs in world services trade; 
Recognizing  also the need to strengthen the domestic service capacity in LDCs with a view 
to making use of existing opportunities as well as any preferences afforded to them; 
Noting  that no WTO Member has yet made use of the waiver since its adoption in 2011; 
Decides  as follows: 
1.1.  The Council for Trade in Services is instructed to initiate a process aimed at promoting the 
expeditious and effective operationalization of th e LDC services waiver. The Council for Trade in 
Services shall periodically review the operationalization of the waiver. The Council for Trade in 
Services may make recommendat ions on steps that could be taken towards enhancing the 
operationalization of the waiver. 
1.2.  With a view to accelerating the process of securing meaningful preferences for LDCs' services 
and service suppliers, the Council for Trade in Se rvices shall convene a High-level meeting six 
months after the submission of an LDC collective request identifying the sectors and modes of supply of particular export interest to them. At that meeting, developed and developing Members, 
in a position to do so, shall indicate sectors and modes of supply where they intend to provide 
preferential treatment to LDC services and service suppliers.  
1.3.  Members, in their individual capacities, are encouraged at any time to extend preferences to 
LDCs' services and service suppliers, consistent with the waiver Decision, which have commercial 
value and promote economic benefits to LDCs. These preferences may accord, inter alia,  improved 
market access, including through the elimination of economic needs tests and other quantitative 
limitations. In doing so a Member may accord pref erences similar to those arising from preferential WT/MIN(13)/W/15 
 
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  trade agreements to which it is a party noting that preferential treatment, with respect to the 
application of measures other than those described  in Article XVI of GATS, may be granted subject 
to approval by the Council for Trade in Services under paragraph 1 of the waiver Decision.  
1.4.  Members underline the need for enhanced tec hnical assistance and capacity building to help 
LDCs benefit from the operationalization of the waiver. Special focus should be directed towards 
the delivery of targeted and coordinated technical assistance aimed at strengthening the domestic and export services capacity of LDCs, making optimal use of existing aid-for-trade channels such 
as the EIF and the technical assistance and capacity building work of relevant international 
institutions. In this context, the LDCs are invited to include their services related needs in their respective national development strategies and in their dialogues with development partners. Members urge development partners to respond adequately to such needs. 
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