RESTRICTED  
  
WT/MIN(17)/33  
 
9 December 2017  
(17-6763) Page: 1/5 
Ministerial Conference  
Eleventh Session  
Buenos Aires, 10 -13 December 2017  Original: English  
 
 
WORK PROGRAMME  ON ELECTRONIC COMMER CE 
 
COMMUNICATION FROM B ANGLADESH, PANAMA AN D SINGAPORE  
The following communication, dated 9 December 2017, is being circulated at the request of the 
delegations of Bangladesh, Panama and Singapore.  
 
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OPTIONS FOR A DRAFT MINISTERIAL DECISION  ON ELECTRONIC COMMER CE 
This document is meant to serve as background material for Ministe rs, without any official 
standing, and without prejudice to the eight textual proposals that have been forwarded for 
consideration at MC11. This document is not intended to prescribe the discussions on  E-commerce, 
but intended as a guide to help Ministers better appreciate the nuances and positions across the 
various proposals. In preparing this document, all the proponents have been consulted to ensure 
that their respective proposal are characterised appropriately.  
 
 
BOX 1: FUTURE WORK ON E -COMMERCE AT THE  WTO  
 
Option 1 ( Continuatio n of Work Programme ) 
 
Proposed by  India (JOB/GC/153)  
 
To continue the work under the Work Programme on Electronic Commerce since our last session, 
based on the existing mandate and guidelines in the relevant WTO bodies as set out  in 
paragraphs 2 to 5 of the Work Programme.  
To instruct the General Council to hold periodic reviews in its sessions of July and 
December  2018 and July 2019 based on the reports that may be submitted by the WTO bodies 
entrusted with the implementation of the Work Programme and report to the next session of the 
Ministerial Conference.  
 
Proposed by  African Group (JOB/GC/155)  
 
To continue the work under the Work Programme  on Electronic Commerce since our last session, 
based on the existing mandate and guidelines, in the relevant WTO bodies as set out in 
paragraphs 2 to 5 of the Work Programme.  
To address all open issues in the relevant bodies, as provided for in paragraph s 2 to 5 of the 
Work Programme on Electronic Commerce, including but not limited to definition, classification 
and technological neutrality.  WT/MIN(17)/33  
 
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  To instruct the General Council to hold periodic reviews in its sessions of Jul y and 
December  2018 and July 2019 b ased on the reports that may be submitted by the WTO bodies 
entrusted with the implementation of the Work Programme and report to the next session of the 
Ministerial Conference.  
 
Proposed by  Bangladesh ( JOB/GC/152/Rev.1 ) 
 
We agree to continue work under the Work Programme on Electronic Commerce.  We instruct the 
four relevant bodies under the Work Programme – the Council for Trade in Goods (CTG), Council 
for Trade in Services (CTS), Council for TRIPs (TRIPS Council) and Committee for Trade and 
Development (CTD) - to conclude the discussions assigned to those bodies pursuant to the 
existing work programme found in WT/L/274. The four relevant bodies shall report to the 
General Council in July 2018 with any appropriate recommendations for their future actions.  The 
General Council shall assess the reports from the four relevant bodies and take decision on 
future course of actions.  
We instruct the General Council to examine the development of electronic commerce with a view 
to exploring possible ways to harness the potential of electronic commerce to benefit SMEs in 
developing countries, especially least developed countries, including through promoting their 
direct access to the consumers and ensuring fair competition in electronic commerce at the 
global level.  
We further instruct the Director General to maintain close liaison with other international 
organizations on developments in the areas of bridging the digital divide, ensuring access to 
internet for all, e -payment solutions, cybersecurity, consumer policy a mong other issues and to 
report to the General Council.  
The General Council shall report on progress and any recommendations by our next session.  
 
 
Option 2 (Formalisation of Dedicated Discussion)  
 
Proposed by  Singapore, Panama, Qatar, and Lao PDR (JOB/G C/149/Rev.1)  
 
To continue with and invigorate the positive work under the Work Programme on Electronic 
Commerce since our last Session, based on its existing mandate and guidelines and on the basis 
of proposals submitted by Members in the respective WTO bo dies.  
 
To enhance the method of work such that the Dedicated Discussion on Electronic Commerce 
shall, in accordance with Paragraph 1.2 of the Work Programme on Electronic Commerce, take 
up consideration of any trade -related issue of a cross -cutting nature  on the basis of Members' 
proposals. All aspects of the Work Programme concerning the imposition of customs duties on 
electronic transmissions shall be examined in the Dedicated Discussion. The Dedicated 
Discussion shall be chaired by the General Council C hair or his/her appointed representative, and 
shall follow the rules of procedures for the General Council as contained in document WT/L/161.  
 
To reaffirm that the mandate for the other four relevant bodies under the Work Programme – 
the Council for Trade in Goods (CTG), Council for Trade in Services (CTS), Council for TRIPs 
(TRIPS Council) and Committee for Trade and Development (CTD) – and the respective issues to 
be examined in each relevant body, shall remain unchanged.  
 
To instruct the General Council to hold periodic reviews in its sessions of July and December 
2018 and July 2019, based on the reports submitted by the CTG, CTS, TRIPS Counci l, CTD and 
the Dedicated Discussion, to assess its progress and consider any recommendations on possible 
measures related to electronic commerce in the next session of the Ministerial Conference.  
 
 
 WT/MIN(17)/33  
 
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  Proposed by  China ( JOB/GC/150)  
 
To continue with the pos itive work under the Work Programme on Electronic Commerce since 
our last session, based on its existing mandate and guidelines and on the basis of proposals 
submitted by Members in the respective WTO bodies . 
To reiterate the  central role of the General Co uncil under the Work Programme on electronic 
commerce, and considering the cross -cutting nature of E -commerce, to explore appropriate 
mechanisms for necessary focused horizontal discussions in parallel with the respective 
discussions under the General Coun cil and its relevant subsidiary bodies, including to 
reinvigorate the Dedicated Discussion of the General Council or at a body to be agreed upon by 
all Members.  
To instruct the General Council at its first meeting in 2018 to appoint the Chair of the Dedica ted 
Discussion, and that a work plan be agreed upon at the first meeting of the Dedicated 
Discussion.  
To instruct the General Council to keep a standing item on its agenda and continue to hold 
periodic reviews in its sessions of July and December 201 8 and July 201 9, based on the reports 
submitted by the WTO bodies entrusted with the implementation of the Work Programme and 
Dedicated Discussion Chair of the General Council, to assess its progress and consider any 
recommendations on possible measures rel ated to electronic commerce in the next session of 
the Ministerial Conference . 
 
Option 3 (Working Group with Discussions)  
 
Proposed by  Japan;  Costa Rica;  Switzerland;  the Separate Customs Territory of Taiwan, Penghu, 
Kinmen and Matsu , and Hong Kong , China  (JOB/GC/156/Rev.1 ) 
 
To establish a Working Group on Electronic Commerce. This Working Group shall assess whether 
the clarification or strengthening of the existing WTO rules is necessary; assess the priority 
needs of developing country Members, particular ly those of LDCs, with respect to, inter alia , 
issues relating to the development of infrastructure for electronic commerce, enabling services 
and technical assistance and capacity building; and examine opportunities, challenges, and 
barriers for access to  electronic commerce by micro, small and medium sized enterprises, 
including small producers and suppliers. Assessments shall be conducted on the basis of 
proposals by Members.  
 
That the Working Group shall report on progress of those assessments to the Ge neral Council, 
and shall report results achieved, with any recommendations for action, to the first meeting of 
the General Council in 2019.  
 
That the Working Group shall hold its first meeting no later than 31 March 2018. The first 
General Council of 2018 shall appoint the Chairperson of the Working Group.  
 
 
Proposed by  Russia ( JOB/GC/137 ) 
 
To establish a Working Group on Electronic Commerce (hereinafter referred to as the "Working 
Group") under the auspices of the General Council to perform such functions as may be 
necessary to ensure efficient continuation of work on e -commerce issues and t o provide 
Members with the appropriate forum for discussions on e -commerce issues and its development, 
including the possibility of developing international rules.  
To instruct the General Council at its first meeting in February 2018 to establish a Workin g 
Group on Electronic Commerce and appoint its' Chair. The first meeting of the Working Group 
shall agree on a work plan and the schedule of meetings.  WT/MIN(17)/33  
 
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  That the Working Group may ask WTO bodies for assistance with specific requests related to 
their areas of  competence. Those bodies shall report back to the Working Group any results 
achieved.  
That discussions within the Working Group on any trade -related e -commerce topic shall to the 
extent possible take into consideration the views of consumers, regulators a nd the private sector 
with the objective of achieving a balance of legitimate interests.  
To instruct the General Council to hold periodic reviews on the progress made in its sessions of 
July and December 2018 and July 2019 based on a comprehensive report submitted by the 
Working Group and report to the next session of the Ministerial Conference.  
 
Option 4 (Working Party and Mandate to discuss, assess and negotiate ) 
 
Proposed by  EU, Australia, Canada, Chile, Colombia, the Republic of Korea, Mexico, Montene gro, 
Norway, Paraguay, Peru, Ukraine, New Zealand and Israel  (JOB/GC/140/Rev.5 ) 
 
To establish a Working Party on Electronic Commerce. This Working Party shall conduct 
preparations for and carry out negotiations on trade -related aspects of electronic commer ce on 
the basis of proposals by Members.  
The Working Party shall establish its own procedures and shall report periodically to the General 
Council. The Working Party shall hold its first meeting no later than 31 March 2018.  
The first General Council of 20 18 shall appoint the Chairperson of the Working Party.  
 
 
 
 
BOX 2: LIST OF ISSUE S 
 
Option 1 
 
Proposed by  EU; Australia;  Canada;  Chile;  Colombia;  the Republic of Korea ; Mexico;  Montenegro;  
Norway;  Paraguay;  Peru;  Ukraine;  New Zealand;  Israel ; Japan;  Costa  Rica; Switzerland;  the 
Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu ; Hong Kong , China ; Singapore;  
Panama;  Lao PDR;  Qatar and China ( JOB/GC/140/Rev.5 ; JOB/GC/156/Rev.1 ; JOB/GC/149/Rev.1; 
JOB/GC/150 ) 
 
...[on the basis of Members’ proposals].  
 
Option 2 
 
Proposed by  China; African Group; Russia; Japan;  Costa Rica;  the Separate Customs Territory of 
Taiwan, Penghu, Kinmen and Matsu ; Hong Kong , China  and Switzerland ( JOB/GC/150 ; 
JOB/GC/155; JOB/GC/137; JOB/GC/156/Rev.1 ) 
 
That Members sh all submit topics for discussion in the  [Working Group/Working Party/Dedicated 
Discussion/ relevant bodies, as provided for in paragraphs 2 to 5 of the Work Programme on 
Electronic Commerce ]. Topics could include, but not limited to, [priority needs of developing country 
Members, particularly those of LDCs, with respect to, inter alia , issues relating to the development 
of infrastructure for electronic commerce, enabling services and technic al assistance and capacity 
building; and examine opportunities, challenges, and barriers for access to electronic commerce by 
micro, small and medium sized enterprises, including small producers and suppliers]1 [facilitating 
cross-border e -commerce ; promot ing paperless trad ing; transparency;  as well as  development and 
cooperation]2, [scope and definitions; existing applicable rules and gaps in the WTO legal 
                                                
1 JOB/GC/156/Rev.1  
2 JOB/GC/150  WT/MIN(17)/33  
 
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  framework; existing barriers to e -commerce; confidence building; trade facilitating measures; 
transpa rency; increasing participation of developing countries; intellectual property rights ]3, 
[manner in which Members can preserve their right to regulate electronic commerce and 
consideration of all measures to promote national digital industrial development with a view to 
promoting inclusive, equitable and sustainable growth , thorough examination of the opportunities 
and risks associated with digital transfo rmation and electronic commerce, measures Members have 
taken and may take to  develop their national ins titutional regulatory capacity that ensure: the 
protection of information of all Members and their citizens, including but not limited to mandatory 
disclosure of data; the disclosure of source codes; access to, and transfer of technology , the 
practice of n ational experience sharing of inter alia : the historical development of the digital 
industry; the challenges and measures adopted to promote digital e conomy and electronic 
commerce.]4  
 
 
 
BOX 3: E -COMMERCE MORATORIUM  
 
Option 1 (renewal until 2019)  
 
Proposed by  EU; Australia;  Canada;  Chile;  Colombia;  the Republic of Korea;  Mexico;  Montenegro;  
Norway;  Paraguay;  Peru;  Ukraine;  New Zealand;  Israel ; Russia; Japan;  Costa Rica;  Switzerland;  
the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu ; Hong Kong , China ; 
Singapore;  Panama;  Lao PDR;  Qatar; and China ( JOB/GC/140/Rev.5 ; JOB/GC/137 ; 
JOB/GC/156/Rev.1 ; JOB/GC/149/Rev.1; JOB/GC/150 ) 
 
That Members will maintain the current practice of not imposing customs duties on electronic 
transmissions until our next Session in 2019.  
 
 
Option 2 (non -automatic renewal, subject to other decisions)  
 
Proposed by  Africa Group (JOB/GC/155)  
 
On the moratorium, the African Group is still discussing it in view of the revenue implications of 
the current moratoriu m on customs duties, particularly in the context of increasing digitization of 
goods and services. For these reasons, the renewal of the moratorium should not be seen as 
automatic.  
 
 
Proposed by  India (JOB/GC/153)  
 
On moratorium on electronic transmissions, decision subject to decision on moratorium on TRIPS 
Non-Violation and Situation Complaints and subject to decisions on paragraphs 1 and 2 above.  
 
 
 
BOX 4 : DFQF FOR LDCS  
 
Proposed by  Bangladesh ( JOB/GC/152/Rev.1 ) 
We further agree that devel oped country Members shall, and the developing country Members 
declaring themselves in a position to do so, should provide duty free and quota free access to all 
goods and services originating from all LDCs that are exported using e -commerce platform directly 
from LDCs suppliers.  
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3 JOB/GC/137  
4 JOB/GC/155