WT/MIN(15)/W/39
17 December 2015
(15-6706)  Page: 1/3
Ministerial Conference 
Tenth Session 
Nairobi, 15-18 December 2015  Original: English
 
REPORT BY H.E. MINISTER FRANÇOIS KANIMBA 
FACILITATOR ON LDC ISSUES 
DRAFT DECISION ON LDC TRADE IN SERVICES 
Based on my consultations as Facilitator on LDC issues, I submit a Draft Decision on 
Implementation of Preferential Treatment in Favour of Services  and Service Suppliers of Least 
Developed Countries and Increasing LDC Participation in Services Trade for adoption by the Ministerial Conference. I am confident that this draft Decision can enjoy Members' consensus. 
 
I would like to thank the parties involved in my consultations for their constructive and pragmatic cooperation which has enabled me to submit this Draft Decision to the Ministerial Conference. 
 
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 WT/MIN(15)/W/39 
 
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  IMPLEMENTATION OF PREFERENTIAL TREATMENT IN FAVOUR OF SERVICES AND 
SERVICE SUPPLIERS OF LEAST DEVELOPED COUNTRIES AND  
INCREASING LDC PARTICIPAT ION IN SERVICES TRADE 
DRAFT MINISTERIAL DECISION 
The Ministerial Conference, 
Having regard  to paragraph 1 of Article IX of the Marrakesh Agreement Establishing the 
World Trade Organization; 
 
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"; 
 
Recognizing  that services trade can play an important role in achieving the development 
objectives of least developed countries ("LDCs"); 
 
Recalling  the Decision on Preferential Treatment to Services and Service Suppliers of 
Least-Developed Countries (WT/L/847) ("Waiver") agreed at our Eighth Session;  
Recognizing the significant progress achieved following the Decision on the 
Operationalization of the Waiver Concerning Preferential Treatment to Services and Service Suppliers of Least-Developed Countries (WT/L/918) ("Operationalization Decision"); 
 
Acknowledging  the important work undertaken by least developed countries to identify 
sectors and modes of supply of particular export interest to them in developing the LDC Collective 
Request (S/C/W/356, S/C/W/356/Corr.1 and S/C/W/356/Corr.2); 
 
Commending  the positive indications of intended preferences announced at the High-level 
meeting held on 5 February 2015; 
 
Appreciative  of the twenty-one notifications received so far, covering a wide range of 
preferences which may provide for removal or reduction of restrictions, and/or special procedures, in favor of LDC services and service suppliers; 
 
Welcoming  the expeditious approval of notification s that included preferential treatment 
beyond GATS Article XVI by the Council for Trade in Services; 
 
Noting  the need to strengthen the domestic servic e supply capacity in LDCs with a view to 
maximizing benefits from trade opportunities, including through preferences afforded to them; 
Decides  as follows: 
1.1.  Due to the extended period between the ad option of the Waiver in December 2011 and the 
notification of preferences in 2015, the Waiver is extended as of the date of this Decision until 
31 December 2030. Preferences notified so far may, as appropriate, be extended accordingly. 
1.2.  Developed and developing Members, in a position to do so, that have not notified preferences 
under the Waiver are urged to redouble effort s to promptly notify preferences which have 
commercial value and promote economic benefits to LDCs. WT/MIN(15)/W/39 
 
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  1.3.  In negotiations pursuant to GATS Article VI:4, Members shall give special priority to 
addressing regulatory barriers of interest to LDCs. 
1.4.  With a view to further increasing LDC participation in services trade and to complement 
notification of preferential treatment under th e Waiver, Members are encouraged to undertake 
specific technical assistance and capacity building measures to orient LDC service suppliers to preference benefits available so that such suppliers can utilize the preferences granted.  
1.5.  The Council for Trade in Services shall: 
• maintain a standing agenda item to review  and promote the operationalization of the 
Waiver; 
• expeditiously consider approval of notified preferences relating to measures other than 
those described in GATS Article XVI,  in accordance with the Waiver; 
• with a view to furthering the objectives of GATS Article IV, facilitate an exchange of 
information by Members on technical assistance measures undertaken to promote the 
increasing participation of LDCs in world services trade; 
• initiate a process to review the operation of notified preferences, on the basis of 
information provided by Members. In suppo rt of that process, Members may request 
WTO Secretariat inputs, as appropriate; and  
• further discuss any issues that may facilitate benefits provided under the notified 
preferences. 
1.6.  The Council for Trade in Services may make recommendations on steps that could be taken 
towards enhancing the operationalization of the Waiver. 
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