TN/C/W/63/Add.2  
 
11 October 2013  
(13-5566)  Page: 1/2  
Trade Negotiations Committee  Original: English  
 
NINTH WTO MINISTERIAL CONFERENCE, BALI, INDONESIA, 3-6 DECEMBER 2013 
 
LDC PACKAGE FOR BALI 
COMMUNICATION BY NEPAL ON BEHALF OF THE LDC GROUP 
Addendum 
The following communication dated 11 October 2013, is being circulated at the request of the 
delegation of Nepal on behalf of the LDC Group. 
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 Pursuant to the initial submission by the LDC Group on the operationalization of LDCs' Services 
Waiver (TN/C/W/63), the Group is hereby proposing the following Draft Decision to be considered 
as part of the outcome of the Bali Ministerial Conference. 
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Operationalization of the Waiver concerning  preferential treatment to services and 
service suppliers of Least Developed Countries 
Draft Decision 
The Ministerial Conference, 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 leas t developed among them, secure a share in the 
growth in international trade commensurate with  the needs of their economic development"; 
Reaffirming  that the waiver granted by Members to prov ide preferential treatment to services and 
service suppliers of least-developed countries (WT/L/847) 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 any preferences afforded to them; 
Noting  that WTO Members are yet to make use of the Waiver since its adoption in 2011; 
Decides  as follows: 
1. Members commit themselves to take expeditious and effective measures to operationalize 
the waiver; TN/C/W/63/Add.2 
 
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  2. Following this Ministerial Conference, the Council for Trade in Services is instructed to 
initiate a process to find ways and means of operationalizing the services waiver;  
3. Operationalization of the services waiver sh all be a standing item on the agenda of the 
Council for Trade in Services where Members shall provide information on steps taken to offer 
commercially-meaningful preferences to LDC services and service suppliers;  
4. An annual review shall be undertaken to assess  the status of operationalizing the waiver. We 
urge developed-country Members, and developing-country Members in a position to do so, to 
submit annual reports as part of this review, which will outline steps taken to operationalize the 
waiver as part of an annual review conducted under the auspices of the Council for Trade in 
Services. Emanating from the annual review, th e CTS may make concrete recommendations on 
further steps that could be taken towards enhancing the operationalization of waiver; 
5. With a view to accelerating the process of securing meaningful preferences for LDC services 
and service suppliers and to fully operationalize  the waiver, the General Council shall convene a 
Signaling Conference in July 2014. The convening of  this conference will be based on a request 
from LDCs, highlighting concrete options for comm ercially meaningful preferences in sectors and 
modes of supply of export interest to LDC services and service suppliers. At the conference, developed-country Members, and developing-country Members declaring themselves in a position 
to do so, shall indicate sectors and modes of supply where they intend to provide preferential 
treatment; 
6. Notwithstanding the above process, Members ar e encouraged to pro-actively extend at their 
earliest convenience meaningful preferences for LDCs services and service suppliers which have 
commercial value and promote economic benefits to LDCs. In doing so, Members shall consider, inter alia,  the following options whenever possible: 
a. Extend to all LDCs preferences covered by MFN exemptions listed under the Annex on 
Article II Exemptions; 
b. Extend to all LDCs any relevant commitments undertaken in the context of preferential 
trade agreements to which they are a party; 
c. Eliminate or reduce for LDC services and service suppliers remaining market access 
limitations in sectors scheduled under the GATS, including through the elimination of 
economic needs tests and other quantitative limitations; 
d. Lower, and ideally remove, other market access barriers, domestic regulatory and 
administrative barriers and other relevant measures that may impede current or 
potential LDC services exports. 
7. Recognizing the importance of overcoming LDC supply-side constraints as an essential 
complement to the granting of preferences, we urge all donors and relevant international 
institutions to increase financial and technical support aimed at overcoming these constraints in trade in services. This includes through appropriate delivery mechanisms such as, inter alia , the 
Enhanced Integrated Framework and the Aid for Trade Initiative. 
 
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