JOB/GC/174  
 
6 April 2018  
(18-2102) Page: 1/2 
General Council  Original: English  
 
 
WTO NEGOTIATIONS ON TRADE -RELATED ASPECTS OF E -COMMERCE  
ELEMENTS OF A POTENT IAL APPROACH  UNDER  THE FRAMEWORK OF THE  JOINT STATEMENT ON 
ELECTRONIC COMMERCE  
Communication from Argentina, Colombia and Costa Rica  
The following communication, dated 5 April 2018, is being circulated at the request of the 
delegation of Argentina.  
 
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1.1.  The adoptio n of the Joint Statement, at MC 11, aiming at WTO negotiations on trade -related 
aspects of e -commerce, presents a new and welcome opportunity to deliver m eaningful results in 
one of th e most dynamic areas of trade. The Joint Statement is also a milestone on the road 
toward reviving the negotiating function of the WTO and underlining its essential role in this 
increasingly important facilitator of global tra de. 
1.2.  The success of this initiative depends on the political will of participants and their vision of 
potential outcomes. The range of potential outcomes should be set out and clarified as early as 
possible in order to guide Members ' engagement, focus atten tion on substantive issues and avoid 
getting lost in procedure. The purpose of this submission is to provide elements of a framework for 
WTO negotiations on the trade related aspects of e -commerce. It is not intended in any way to 
prejudge the outcome of f uture negotiations but rather to present a  range of options.  
1.3.  Therefore, at this initial stage, participants are invited to consider the following elements of a 
possible approach to a negotiating agenda:  
1. The focus on "trade related aspects " means that discu ssions and negotiations should 
concern the "trade " agenda that the WTO was designed to address in its central 
functions. That is, trade in goods, trade in services and TRIP S. However, given the 
multifaceted nature of e -commerce and its cross -cutting issues , Members should ensure 
a comprehensive and coherent  negotiating agenda  encompassing all relevant 
aspects of e -commerce. Likewise, the negotiated outcome should encompass all 
relevant WTO disciplines . 
 
2. Members sh all reaffirm existing WTO disciplines that a pply to e-commerce. Negotiations 
should then focus on clarifying existing  WTO disciplines  and on establishing new 
rules  where necessary to address new developments or lacunae in the system.  
 
3. The negotiations should result in bindings of market opening  in e-commerce -related 
sectors of trade in goods and services. This would not be with the aim of entering into 
comprehensive market access negotiations but rather focusing on issues and sectors 
that expand trade in goods and services directly rel ated to e -comme rce activities.  
 
4. The negotiations should also address regulatory issues  related to trade in goods and 
services. A number of such issues have already been identified in previous discussions 
and negotiations. For example, p articipants shall re -confirm Member s' right to regulate 
with a view to ensuring the protection of the privacy of individuals and the  JOB/GC/174  
 
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  security and confidentiality of information, consistent with existing rules that apply 
to the movement of information within and across borders.  
 
5. More specifically, on trade in goods , the agenda should encompass access issues (e.g. 
tariffs) as well as regulatory issues building of the TFA (e.g. simplified processing of low 
value shipments, simplified return process, etc .). 
 
6. In trade in services , the agenda should address  specific commitments  in sectors 
which form the enabling infrastructure  for e-commerce activities as well as those 
sectors of  services that are deliverable online . An indicative list of each of these 
types of sectors can be developed in the negotiations with the aim that participants 
consider undertaking specific commitments .  
 
7. Members should also address regulatory issues  related to trade in services through 
the development of new disciplines where necessary. Members have already made 
proposals regard ing some of those issues. The development of new disciplines should 
be addressed after a review of existing rules that apply  to services regulation . The 
negotiation of such new disciplines should be based on the clarification of existing  
disciplines  in the GATS as well as other WTO instruments. Participants should also be 
guided, to the extent possible, by relevant internationa l standards  where they exist.  
 
8. Particular attention should be given to trade -related initiatives that can be used to 
advance the interests of developing countries and LDCs  in relation to promoting 
connectivity and bridging the digital divide . Participants should explore how 
developing countries and LDCs could have access to assistance in the introduction of 
regulatory reforms once they undertake commitments. In this respect, participants 
should consider possible synergies with the Aid for Trade initiative. Participants could 
also borrow from the TFA experience in this regard.  
 
9. The negotiations should aim at securing commercial opportunities for businesses 
of all sizes .  
 
10. At the same time developing countries should  have flexibility in binding market opening 
and undertaking new commitments on regulatory issues.  
 
11. These negotiations are open to all WTO Members who share the same objectives and 
subject to the satisfactory  conclusion of the negotiations,  the outcome shall be applied 
in accordance with WTO provisio ns and the most -favoured -nation principle.  
 
12. While it is important to consider the views of all Members and not  prejudge specific 
outcomes, Members must start charting a course with a clear sense of purpose and 
direction  to ensure progress . Therefore, Membe rs need to converge on guiding 
elements, to which more detail would be added as the negotiations proceed.  
 
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