RESTRICTED  
  
WT/COMTD/M/101  
 
 
15 June 2017 
(17-3193) Page: 1/31 
Committee on Trade and Development  
101st Session    
 
  
NOTE ON THE MEETING OF 27 JANUARY AND 14 MARCH  20171 
Chairman: H.E. Mr. Christopher Onyanga Aparr  (Uganda )2  
A. ADOPTION OF THE AGEN DA ................................ ................................ ....................  2 
B. OBSERVERS  ................................ ................................ ................................ .............  2 
(i) Request for attendance of ad hoc observers  ................................ ................................ .. 2 
(ii) Further consideration of requests for observer status by the  League of Arab States, 
the Organisation of Petroleum Exporting Countries (OPEC), the Gulf Organization for 
Industrial Consulting, the Organization Internationale de la Francophonie , the Common 
Fund for Commodities, the Organization of Arab Petroleum Expor ting Countries (OAPEC) 
and the Groupe de la Banque Africaine de Développement  ................................ .......................  3 
C. TECHNICAL COOPERATIO N AND TRAINING  ................................ .............................  3 
- WTO tr ade-related technical assistance external evaluation – final report 
(WT/COMTD/89)  ................................ ................................ ................................ .................  3 
- Management response to the external evaluation of the WTO technical assistance 
(WT/COMTD/90)  ................................ ................................ ................................ .................  3 
D. TRADE AND DEVELOPMEN T – WORK IN THE COMMITTE E ON THE BASIS OF 
THE CHAIRMAN'S CONCL UDING STATEMENT FROM  THE EIGHTH MINISTERI AL 
CONFERENCE (WT/MIN(1 1)/11)  ................................ ................................ .....................  9 
- Committee on Trade and Development mandate: focal point for consideration and 
coordination of work on development in the WTO – proposal from Barbados, Belize, 
China, Cuba, Ecuador, India, and the African Group (WT/COMTD/W/208)  ................................ .. 9 
- Operationalization of the CTD's mandate: a proposal to deliver outcomes based on 
the MC8 mandate – proposal from China, Cuba, Ecuador, India and the African Group 
(WT/COMTD/W/192)  ................................ ................................ ................................ .......... 11 
E. NOTIFICATIONS UNDER THE ENABLING CLAUSE  ................................ ..................  12 
- Gulf Cooperation Council (GCC) Notification of Customs Union – communication 
from China, Egyp t and India (WT/COMTD/W/175)  ................................ ................................ ..12 
- Notification of the Agreement on Trade in Goods between the Association of 
Southeast Asian Nations (ASEAN) and Korea  ................................ ................................ ......... 14 
- Notification of the Comprehensive Economic Partnership Agreement between India 
and Korea (Goods)  ................................ ................................ ................................ ............. 14 
- Latin American Integration Association (LAIA) – Agreements con cluded by LAIA 
member countries under the 1980 Treaty of Montevideo, for the period 1  January  2015 – 
31 December 2015 (WT/COMTD/93)  ................................ ................................ .................... 14 
F. COMMUNICATION FROM T HE CHAIRMAN OF THE C OMMITTEE ON TR ADE 
AND DEVELOPMENT TO T HE LATIN AMERICAN IN TEGRATION ASSOCIATIO N 
(WT/COMTD/W/223)  ................................ ................................ ................................ .... 15 
                                                
1 Agenda items B and C were considered on 27 January. Items D  through L were considered on 
14 March.   
2 In the absence of the Chairman on 27 January, the Committee elected H.E. Mr. Juan Esteban Aguirre 
Martínez (Paraguay)  as interim Chairman for that part of the meeting.   WT/COMTD/M/ 101 
 
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  G. WORK PROGRAMME ON EL ECTRONIC COMMERCE  ................................ .................  18 
- Aiming at the 11th Ministerial Conference – Communication from the People's 
Republic of China and Pakistan (JOB/GC/110/Rev.1 – JOB/CTG/2/REV.1 – 
JOB/SERV/243/Rev.1 – JOB/DEV/39/Rev.1)  ................................ ................................ .......... 18 
- Electronic signatures – Communication from Argentina, Brazil and Paraguay 
(JOB/GC/115 – JOB/CTG/3 – JOB/SERV/247 – JOB/IP/20 – JOB/DEV/41)  ................................ .18 
- Trade policy, the WTO and the digital economy – Communication from Canada, 
Chile, Colombia, Cote d'Ivoire, the European Union, the Republic of Korea, Mexico, 
Montenegro, Paraguay, Singapore and Turkey (JOB/GC/116 – JOB/CTG/4 – 
JOB/SERV/248 – JOB/IP/21 – JOB/DEV/42)  ................................ ................................ .......... 18 
- Electronic commerce and development – non-paper from Brunei Darussalam; 
Colombia; Costa Rica; Hong Kong, China; Israel; Malaysia; Mexico; Nigeria; Pakistan; 
Panama; Qatar; Seychelles; Singapore and Turkey (JOB/GC/117 – JOB/C TG/5 – 
JOB/SERV/249 – JOB/IP/22 – JOB/DEV/43)  ................................ ................................ .......... 19 
H. NOTIFICATIONS UNDER THE TRANSPARENCY MEC HANISM FOR 
PREFERENTIAL TRADE A RRANGEMENTS  ................................ ................................ ........  29 
I. REVIEW OF STEPS TAKE N TO PROVIDE DUTY -FREE AND QUOTA -FREE 
MARKET ACCESS TO LEA ST DEVELOPED COUNTRI ES ................................ ......................  29 
J. ELECTION OF THE CHAI RPERSON OF THE SUB -COMMITTEE ON LEAST 
DEVELOPED COUN TRIES  ................................ ................................ ................................  30 
K. ELECTION OF THE CHAI RPERSON OF THE COMMI TTEE ON TRADE AND 
DEVELOPMENT  ................................ ................................ ................................ ...............  30 
L. OTHER BUSINESS  ................................ ................................ ................................ .. 31 
 
A. ADOPTION OF THE AGEN DA 
1. The Chairman  said that the draft agenda for the 101st Session of the Committee on Trade 
and Development (CTD) was contained in document WTO/AIR/COMTD/ 9/Rev.1 circulated on 
3 March 2017 .  
2. The representatives of Guatemala  and Chile indicated that they wished to make 
interventions under "Other Business". The Chairman  said that he would also make an intervention  
under "Other Business" , concerning the CTD's mandate to keep under continuous review the 
participation of developing country Members in the multilateral trading system.  
3. The agenda was adopted  as amended.3 
B. OBSERVERS  
(i) Request for attendance of ad hoc observers  
4. The Chairman  recalled that, at previous sessions of the CTD, Members had agreed to invite 
a number of intergove rnmental organizations on an ad hoc, meeting -by-meeting basis. These were 
the Arab Maghreb Union, the Economic Community of Central African States, the Economic 
Community of West African States, the Economic Cooperation Organization, the Inter -Arab 
Investm ent Guarantee Corporation, the Islamic Development Bank, the African Union, the 
Organisation of th e Islamic Conference, the South  Centre, the Pacific Islands Forum, the United 
Nations Environment Programme, the West African Economic and Monetary Union, and  the World 
Intellectual Property Organization. These organizations had been invited to the present meeting. 
He proposed that the same organizations be invited to the next formal meeting of the CTD.  
5. It was so agreed . 
                                                
3 The discussion reflected under this agenda item took place on 14 March. When meeting on 27 January, 
the Committee adopted the agenda as contained in document WTO/AIR/COMTD/9.  WT/COMTD/M/ 101 
 
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  (ii) Further consideration of requests f or observer status by the Le ague of Arab States, the 
Organis ation of Petroleum Exporting Countries (OPEC), the Gulf Organization for Industrial 
Consulting, the Organization Internationale de la Francophonie , the Common Fund for 
Commodities, the Organizatio n of Arab Petroleum Exporting Countries (OAPEC) and the 
Groupe de la Banque Africaine de Développement  
6. The Chairman  said that the positions of delegations were on the record. He indicated that , if 
there were no changes in positions to extend observer statu s to any of the applicants, the 
Committee would take note and revert to the requests at the next meeting.   
7. It was so agreed . 
C. TECHNICAL COOPERATIO N AND TRAINING  
- WTO trade -related technical assistance external evaluation – final report 
(WT/COMTD/89)  
- Mana gement response to the external evaluation of the WTO technical assistance 
(WT/COMTD/90)  
8. The Chairman  said that an external evaluation of the WTO's trade -related technical 
assistance (TA) was carried out in 2016, by Saana Consulting. During the evaluation process, 
regular updates were provided to the CTD by Norway,  on behalf of the Steering Committee of the 
evaluation. As per the terms of reference for the evaluat ion, the final evaluation report, together  
with the WTO management response , were to be present ed and discussed in the CTD. T he final 
report of the external evaluation was contained in document WT/COMTD/89, while the 
management response was contained in document WT/COMTD/90.  He welcomed from Saana 
Consulting Mr. Bernard Wood, the Team Leader for the  evaluation, and Mr. Jens Anderson, the 
Deputy Team Leader.  He indicated that, after the presentation by Saana Consulting, the 
Director -General would make an intervention. The floor would then be opened.  
9. In their presentation, the representatives of Saana Consulting  provided a broad overview of 
the evaluation, including with respect to the objectives, scope , findings  and recommendations. It 
was noted , inter alia , that the objective of th e evaluation was to provide an independent 
assessment of the functionin g of the WTO's trade-related T A during  the 20 10-2015 period . The 
evaluation was managed by a Steering Committee, consisting of representatives from donor and 
beneficiary WTO Members. The evaluation team  was comprised of consultants from seven 
countries . Over 2,000 TA activities were covered at the national, regional and global levels, 
involving about 80,000 p articipants.  The coverage extended to a ll four TA delivery modes  – which 
includ ed face-to-face courses , e-learning , internships and academic partnershi ps. The 
internationally accepted evaluation criteria of relevance, effectiveness, efficiency, impact and 
sustainability  were applied . The focus of the final report of the evaluation was  on the management 
and delivery of the WTO's  TA, best practices, lesson s learn ed, and recommendations . The report 
contained a specific chapter on the contributions of the Doha Development Agenda Global Trust 
Fund (DDAGTF) . The methodology used  was centred on a structured and verifiable approach to 
answering 22 core evaluation  questions that were designed to test the relevance, effectiveness, 
sustainability and impact of the programmes.    
10. Members were informed that t he results of the evaluation were based on four main types of 
evidence  – namely , desk studies of relevant documen tation, surveys , interviews , and field 
missions to a representative sample of beneficiary countries . The evaluation  had found that, in the 
period under consideration, the WTO had made its TA activities more systematic, coordinated and 
results -oriented thro ugh the TA Plan and its support system. Most training components of the 
planned TA had been largely, and increasingly, effective in their intended results  – which  was to 
contribute to the capacities of developing Members to work with multilateral trade rul es and 
negotiations. Internally, however, the planned assistance had not as yet been fully integrated into 
the wider culture and management practice of the WTO. Finally, as part of the WTO’s strategic 
vision for the future – with a majority of Members bein g developing countries – a systematic and 
professionalized TA programme needed to be valued as a major asset, and part of the core 
business of the Organization.  With regard to the evaluation's specific assessment of the DDAGTF, 
the key financing role that the Trust Fund had played over the period  was highlighted . An overview WT/COMTD/M/ 101 
 
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  was provided of the 28 recommendations made by the evaluators. It was noted that si x of the 
recommendations were directed to Members and senior management, while the remaining 22 were 
directed to the Secretariat. It was further  noted that the 22 recommendations for the Secretariat 
were divided into four categories, which were: (i) participation in training; (ii) techni cal-assistance 
instruments; (iii) pedagogical quality; and (iv) monito ring and evaluation.  
11. The Director -General  said that the WTO's TA was vital to ensure that developing countries 
received the necessary practical support to build capacity and skills, so that they could fully 
participate in the trading system and leverage t he opportunities that trade provided. This was a 
priority for him. While TA was not mentioned as one of the main functions of the WTO in Article III 
of the Marrakesh Agreement , nor was it initially a major part of the Organization's work , it had 
over time become a central element of the WTO's activities. However, the way in which this work 
had evolved had not always been strategically planned. This was because most programmes had 
resulted from a combination of requests from Members, initiatives of the Secre tariat and 
independent developments  – rather  than from the implementation of a pre -conceived strategic 
plan. In this light, the evaluation provided the opportunity for a broader and more strategic 
discussion about what the objectives of the WTO's TA should  be, and the approach to be taken. He 
next turned to the results of the evaluation  and noted , inter alia , that the WTO's TA activities had 
been found to be highly relevant and aligned to the needs and priorities of the beneficiaries, while 
also making an e ffective use of time and resources. Although  the results were generally positive, 
he also indicated that there was always room for improvement. In this regard, he noted that the 
evaluation report offered some recommendations on areas where the TA work coul d be 
strengthened  in order  to improve the impact on the ground.  He cited a number of examples, 
including with respect to improving communication s between  all the parties involved in TA 
activities, improv ing the effectiveness of the activities , incorporatin g gender issues, opening at 
least some training courses to wider audiences, and the need to take a more strategic review of 
the work.  Members were invited to share their views on how to address the recommendations.   
12. He also noted that, given the size of th e TA portfolio , the e valuat ion had not been able 
assess or provid e conclusions on specific TA activities or programmes . Similarly , the evaluation 
had not look ed into such non-training TA programmes  as the Geneva Week, the WTO Chairs 
Programme, and other ou treach activities , or the wider range of capacity -building activities that 
the WTO conducted . He therefore suggested that further work  might  be need ed to look at the 
effectiveness of the individual program mes and activities , and to take a holistic look at 
coordination across all areas . In light of the likely future growth in importance of the WTO's TA, he 
believed that it was necessary to assess the role of TA going forward, and to explore what could be 
done better – including through improved coordination,  and by working with partners in particular 
areas. He highlighted the importance of capacity building within the Trade Facilitation Agreement, 
and raised the question of whether this would be replicated in future agreements. In concluding, 
he emphasized the usefulness of th e evaluation . He informed the Committee that the Secretariat 
would soon begin preparing the TA Plan for the 2018 -2019 period, and urged Members to ensure 
that the present discussion on the evaluation would feed into that process.    
13. The re presentative of Norway, o n behalf of the Steering Committee  of the evaluation , 
reminded Members that the evaluation had been undertaken  independent ly, and that the findings 
and recommendations were those of the external consultants. The task of the Steerin g Committee 
had been to supervise the process. While individual members of the Steering Committee would 
make statements during the present discussion, the Steering Committee would refrain from 
commenting on the findings of the evaluation , or on the WTO man agement response. After 
expressing appreciation to those who had contributed to the evaluation process, she indicated that 
the Steering Committee was interested in hearing Members' views on how best to ensure that the 
evaluation and its findings would prov ide guidance for the WTO's work in this area, with a view to 
achieving even more targeted, results -oriented and efficient TA programme s. A possible course of 
action in this regard was for Members to form an implementation support group, consisting of 
donor s and beneficiaries, so as to provide oversight in the follow -up to the evaluation.  
14. The representative of Norway  stressed the importance of evaluations in assessing the effects 
of development assistance. For Norway, as a donor, it was crucial to know wheth er the public 
funding channelled into trade -related TA was contributing to the intended objective  of integrat ing 
developing countries, and in particular the least developed countries  (LDCs),  into the multilateral 
trading system. Regular evaluations allowed  more knowledge to be gained on how training 
programmes should be managed in order to have the best possible effect. However, evaluations WT/COMTD/M/ 101 
 
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  were only one part of the results -based management  (RBM)  cycle, as continuous monitoring and 
feedback from beneficiari es was crucial in measur ing short-term results. He noted in this regard 
that the Secretariat had encountered difficulties in getting feedback from participants, and 
therefore highlighted the need for Members to find a way to ensure that the requested 
quest ionnaires and reports were submitted to the WTO. Turning to the evaluation, he expressed 
satisfaction with the overall conclusion that the WTO's TA was relevant and largely effective. He 
highlighted in particular the recommendation that TA needed to be rec ognized as part of the core 
business of the WTO, and in this regard indicated that more funding needed to come from the 
regular budget. Norway also supported the recommendation to integrate gender equality into the 
TA programmes. Continuing the monitoring and reporting on the gender balance of participants 
was important, although this was only a first step.  On the suggestion for a specifically designed 
course for the private sector, he believed that this needed to be explored further. An online course 
could  be a realistic option to start with. Finally, he indicated that the possibility of developing new 
training options to follow up on the Trade Policy Reviews (TPRs) merited further discussion , 
particularly in the context of f inding ways for the TPR process to provide additional benefit s to 
developing countries .      
15. The representative of Nigeria  welcomed the opportunity for Members to have a strategic 
discussion on the future of the WTO's TA , and suggested that further discussions would also be 
useful . He indicated that there were a number of areas in the report on which he was seeking 
clarification and further elaboration from the consultants . The first area concerned the mention in 
the report t hat some divisions within the Secretariat continued to implement  informal and 
uncoordinated TA activities, which made the Organization 's total effort less purposeful and 
accountable. The second area on which he sought clarification referred to the observation  in the 
report that , while training and internship programmes  were found to be highly relevant,  the overall 
relevance of the WTO's TA activities beyond these programmes was far less clear. The third area 
concerned  the issue of efficiency , and in particular the report's finding that the way TA was  
governed and manage d within the Organization reduce d its potential efficiency. The fourth area 
related to the issue of sustainability,  and in particular the observation in the report that, if the 
main budgetary and extra -budgetary resources were seriously weakened or made le ss cohesive, 
the WTO's technical support capacity would no longer be sustainable. Finally, he expressed support 
for the suggestion by Norway, on behalf of the Steering Committee of the evaluation, for the 
establish ment of  an implementation support group.   
16. The representative of Oman  said that collaboration between the WTO and academi a had 
been fruitful in Oman in recent  years, in particular as the Regional Trade Policy Course (RTPC) for 
the Arab region had been hosted by Sultan Qaboos  University  since 2014.  He indicated that the 
feedback received from the RTPCs had been positive. Oman had also been hosting the  WTO Chairs 
since 2014 . He went on to say that the provision of TA  in Arabic  was an important issue for the 
region. A solution needed to be found to th e absence of Arabic in the WTO . In this context, he 
reiterated the request that e -learning be provided in Arabic, as a small  step towards reaching out 
to Arab stakeholders . Finally, he highlighted his delegation's interest in the internship programmes 
offered by the WTO  – and in particular the Young Professionals Programme  – and expressed his 
hope that Omani nationals would be able to participate.      
17. The representative of Cameroon  supported the view that Members needed to have further 
discussions on the ev aluation and its recommendations. He stressed the importance of the 
sustainability of the WTO's TA, and the need for this matter to be discussed in more detail. 
Another specific area he believed required  further discussion was with regard to the 
recommenda tion for training courses to be opened to wider audiences on a fee -paying basis. In 
addition, h e wished to know what the legal value of the evaluation report was, and  what the 
Secretariat intend ed to do in the coming years for areas not covered by the repo rt.  
18. The representative of Guatemala  believed that the present discussion served as a step 
towards improving the WTO's TA. With regard to the non -training TA programmes, she expressed 
concern that, for some of these programmes, th e information gathered for  the evaluation had not 
been substantial. She regretted in particular that a separate assessment ha d not been made  of the 
effectiveness of the academic outreach programme , which her delegation believed was a valuable 
programme , with tangible effects . In this regard, she elaborated on the benefits of the WTO Chairs 
programme, as well as the European Law Students ' Association ( ELSA) Moot Court competitions. 
She ask ed whether the evaluators could share information on what their concrete 
recommendations would b e, and their suggestions for gathering information on the impact of these WT/COMTD/M/ 101 
 
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  programmes. Her delegation, as Coordinator of the Group  of Small, Vulnerable Economies , had 
also seen the importance of the Geneva Week activity for delegations without representatio n in 
Geneva, and wished to know if the evaluat ors had any  concrete recommendations for this activity 
as well. With regard to recommendation 7 in the report, she indicated that her delegation did not 
agree with the suggestion to have a coordinating centre f or TA. Her delegation's experience was 
such that such  centres  often sent out communications in a disorganized manner, which resulted in 
confusion.  During meetings with the evaluators, her delegation had highlighted the importance of 
improving communication  by using the existing channels, including in particular the missions in 
Geneva. Finally, referr ing to recommendation 23 , she  recognized  the problems faced by the 
Secretariat in filling the quotas for certain courses. In this regard, she suggested that, rather than 
increasing the number of courses offered in Spanish or French  only, consideration could be given 
to providing translations of a ll the English courses  – or at least th ose courses offered at the expert 
level.  
19. The representative of the European Unio n outlined  the importance his delegation attached to 
the external evaluation, and to the quality of the TA delivered by the WTO. He noted that, i n 
addition to the significant contributions made by individual EU member States , the EU had donated 
approximate ly EUR 20 million – over CHF 21 million  – to WTO trust funds over the past 15 years. 
Contributions by the EU and its member States represented more than two thirds of the 
contributions to the DDAGTF . Turning to the evaluation report and its recommendations , he 
expressed satisfaction that the WTO's TA had proven to be effective  overall . He also noted that 
there were areas where the added value was not clear, or where the means used to achieve the 
end were possibly not  the most effective ones. He believed tha t, when discussing the TA Plan for 
the 2018 -2019 period, Members would need to consider the improvements that were needed, 
including in the context of how resources could be better targeted. With regard to the call from the 
evaluation team for TA to be bet ter integrated into the culture and management practice of the 
WTO, he believed that the Director -General 's presence provided a clear signal that this was also a 
high priority for WTO management. While appreciating the actions already undertaken by the 
Secretariat to respond to some of the recommendations, he stressed that the success of TA 
activities also depended on the efforts of Members, and in this regard called on beneficiaries to 
intensify their involvement.  He also highlighted the importance that his delegation  attached to 
gender equality . In this regard, he support ed the management response to recommendation 19 , 
and called upon Members to present concrete proposals  to help address gender imbalances. In 
closing, he called for the implementation of th e recommendations on the basis of the management 
response, in dialogue with Members, and for the preparation of regular progress reports. He also 
supported the suggestion by Norway, on behalf of the Steering Committee of the evaluation, to 
put in place an implementation support group.  
20. The representative of Benin, on behalf of the LDC Group , appreciated that several 
recommendations from the evaluation had already been taken into account in the 2016 -2017 TA 
plan, and that others would be addressed in the TA Plan for the 2018-2019 period . He also 
welcomed the Secretariat's efforts in reviewing the TA activities and working towards a language 
balance. Noting that a number of elements had not been addressed  by Saana Consulting when 
preparing the evaluation, he su ggested that the terms of reference for the evaluation needed to be 
updated. He also noted that there was a need for better financial allocation in connection with the 
identified activities, and that more time needed to be devoted to evaluation work. In th is regard, 
he invited Members to ensure their availability during  the preparation of the next evaluation.    
21. The representative of Bangladesh  asked the consultants  to elaborate on how they believed 
gender equality in TA activities could be ensured . He also  asked for an elaboration of the rationale 
behind the recommendation to hold workshops on issues relating to which no agreement had been 
concluded . Noting that internet facilities in many developing countries had improved in recent 
years , he additionally w ished to know how the consultants viewed the WTO reference centres . 
Finally , he shared his view that the opening up of e-learning course s to wider audiences  could be 
useful . 
22. The representative of Nepal  expressed appreciation for the TA provided to LDCs, an d called 
for a continued prioritization of LDCs in TA activities. She also emphasized the importance of 
integrat ing gender equality issues and the empowerment of women into TA activities . Noting that  
the current TA activities  implemented by the WTO were no t sufficient to meet the needs of the 
beneficiaries, in particular the LDCs, she called on donors to scale up their support . WT/COMTD/M/ 101 
 
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  23. The representative of Vanuatu  highlighted the importance of Geneva  Week to his delegation , 
as a non -resident M ember . He recalled th at, at the  Geneva Week held in December 2016 , the ITTC 
had present ed some of the findings of the evaluation , and his delegation had expressed concern 
that Geneva Week beneficiaries had not been consulted  during the evaluation process . 
Nevertheless, he was encouraged to note  from p aragraph 17 of the management response that 
further analysis was required on issues relating to Geneva Week. In closing, he shared his view 
that Members needed to consider how the recommendations from the evaluation would be 
implem ented.  
24. The representative of the United States  indicated her delegation's satisfaction with the 
overall assessment that the impact of the WTO's TA activ ities was positive. She noted from the 
WTO management response that action was already being taken to a ddress a number of 
recommendations, including with respect to gender imbalances. However, in some areas, she 
believed that greater specificity in the management response would have been helpful. For 
example, in the case of recommendation 13, the WTO manage ment had respon ded that the 
e-learning staff capacity had been reinforced, but no further details were provided. Turning to 
recommendation 17, which proposed the consideration of alternative approaches to the WTO 
reference centres, she asked if the Secreta riat could give a more concrete sense of the timelines 
for the reviews that were to be undertaken, and also provide information on any other planned 
actions. Highlighting the importance of an effective RBM system, she indicated that her delegation 
looked f orward  to updates on the Secretariat's progress in implementing the management 
response to recommendation 26, including in the context of  a comprehensive evaluation of RBM 
tools and business processes.  With regard to  recommendation 5 and the importance of senior 
leadership engagement, her delegation believed that  there was scope to strengthen the strategic 
management mechanism, and looked forward to learning more about the Director -General's vision 
for this. She also referred to recommendation 28, and encou raged the Secretariat to explore 
effective ways to increase Members' participation, particularly in the context of feedback from 
beneficiaries. In closing, she shared her delegation's view that the management response could 
have been strengthened by insert ing boxes for each recommendation, which would help track 
progress with regard to the means of verification and the status of completion. Finally, she 
supported the recommendation made by Norway, on behalf of the Steering Committee of the 
evaluation, for t he establishment of an implementation support group.  
25. The representative of Japan  emphasized the importance his delegation attached to human 
resource development in support of the multilateral trading system . He welcomed the positive 
impact of the  WTO's TA activities, and also expressed appreciation for the Secretariat 's efforts to 
improve the effectiveness and operation of these activities through a n RBM approach. He took note 
of the areas identified in the evaluation  report where further improvement would  be needed , and 
encouraged open and frank discussions on the way forward. Turning to some specific areas of the 
WTO's TA, he indicated that careful consideration might be needed on the future of the reference 
centres, given the rapid and significant advanc e in TA delivery methods such as e -learning. In 
addition, while acknowledg ing the merit of regional or topic -oriented programmes, his delegation 
wished to know beneficiaries' views on activities such as the Advanced Trade Policy Course  (ATPC) , 
which was an  effective approach to foster the skills of trade officials dealing with complex , 
cross-cutting issues. He also indicated that his delegation welcomed further efforts by the 
Secretariat in terms of  the expansion of self -funded participation and gender equa lity, but also 
expressed concern w ith regard to the high amount of carry -overs in the DDAGTF , and requested 
the Secretariat to make further efforts for the appropriate and efficient implementation of TA 
activities within available resources. Finally, he ex pressed h is delegation 's support for the proposal 
by Norway, on behalf of the Steering Committee of the evaluation, for the establishment of an 
implementation support group.  
26. The representative of Montenegro  expressed particular appreciat ion for  the gender 
dimension of the recommendations , and invited the Secretariat to use every opportunity to 
strengthen the gender balance in the WTO's TA  activities . She indicated that the TA provided to 
Montenegro was in line with its priority areas, which included activit ies relating to the G overnment 
Procurement Agreement, the Tr ade Facilitation Agreement , e-commerce  and notifications in 
agriculture , as well as  participation in the Young Professional s Program me. Noting the importance 
of ensuring a more efficient and effec tive use of resources, she asked whether it would be possible 
for the Secretariat to develop a system to track all the TA provided annually by the WTO to each 
beneficiary. She believed that this would allow delegations from beneficiary countries to better WT/COMTD/M/ 101 
 
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  demonstrate to their Governments the WTO's contribution to trade -related TA, and thereby  ensure 
more effective collaboration with the Secretariat on TA issues .  
27. The representative of Papua New Guinea  expressed appreciation for the TA provided to his 
delega tion and other  non-resident Members. He emphasized the importance of Geneva Week to 
non-residents, and indicated the need for caution in taking action on the evaluation's conclusions 
on this programme, since the beneficiaries had not been consulted. He cal led for further analysis 
by Members on the results of the evaluation .  
28. The representative of Senegal  supported the intervention  by Benin, on behalf of the LDC 
Group.  He emphasized the importan ce of the WTO's TA, and elaborated in particular on the 
benefits  of the assistance provided to the member countries of the Economic Community of  West 
African States. He believed that, to the extent possible, courses needed to be organized in all WTO 
languages . The provision of simultaneous interpretation in French and Spanish could also be 
explored as an alternative.  
29. The representative of Sri Lanka  stressed the value  of the WTO's TA for small countries like 
his. He elaborated on the manner in which trade officials in Sri Lanka were able to benefit from the 
knowledge ga ined during WTO TA activities, and suggested that a record of participants in TA 
activities be maintained  by the Secretariat , as this would help in determining which individuals 
were suitable for participation in more advanced  activities . He also believed that it would be useful 
for TPRs to include a description of the benefits of TA to individual Members .  
30. The representative of Australia  highlighted the importance of maximizing the impact of the 
WTO's TA, and ensur ing that resources were appropriately allo cated . In this regard, he called on 
beneficiaries to provide feedback on their TA  experiences and needs  – including by responding to 
surveys  – as this information was particularly useful for donors .  
31. The response  by Saana Consulting  touched upon several po ints. T he coverage of the 
evaluation  was elaborated on , and it was observed in this regard that the implementation by some 
divisions of informal TA activities made it more difficult to have  an overall strategic approach. On 
the question of efficiency , it w as noted that this was also related to the need for management 
involvement, including through the provision of strategic direction. Furthermore, strengthened 
mechanisms at senior management level had to be backed up by an inter -divisional task force, as 
laid out in recommendation 5. On the issue of sustainability , Members were referred to 
recommendation 2 . The view was reiterated that the WTO's TA capacity would not be sustainable if 
the main budgetary and extra -budgetary resources were seriously weakened.  It was additionally  
clarified that the evaluators had been in a position to provide assessments not only of the training 
and internship programmes, but of the non-training activities  as well . For example, paragraph 6 of 
the report noted with regard to awar eness -raising that the evaluation had not been able to trace 
or measure significant evidence of effects. The evaluation had also found that the overall strategic 
objectives of academic support and  the WTO Chairs programme  were unclear , although there was 
some evidence of longer -term benefits from support to the ELSA Moot Court . No significant 
evidence on the role or effectiveness of outreach activities to parliamentarians, journalists and civil 
society  had been found, and the evaluation had additionally sug gested that alternative approaches 
to the WTO r eference centres needed to be considered.    
32. In the context of non -training activities, q uestions relating to Geneva Week and the input of 
non-resident s in the evaluation were addressed. It was clarified that, while the non -resident s had  
not been consulted in Geneva  – and were not among those selected for the field missions  – 
questionnaires had been sent to all beneficiary countries, as well as to past participants in TA 
activities. That being said, the evaluati on had found that the aims of Geneva Week were not 
clearly stated. Similarly, the role and effectiveness of the ATPCs was unclear. On the question of 
how to ensure gender balance when the proportion of men and women  varied from 
country -to-country , it was e xplained that the evaluators had framed the question in terms of the 
available pool, which was a way to account for differences across countries. In spite of the 
Secretariat's efforts, there remained significant gap s in terms of gender participation in TA 
activities. Finally, it was explained that the recommendation to organize workshops on issues 
regarding  which agreements were yet to be concluded had its roots in t he suggestion  that such 
workshops  would help to prepare beneficiaries for multilateral discu ssions on these issues .   WT/COMTD/M/ 101 
 
- 9 - 
 
  33. Interventions by representatives of the Institute for Training and Technical Cooperation  
addressed several areas . Members were informed that a record of all participants in TA activities  
was maintained , and that the Secretariat's regular reports on TA implementation and monitoring 
included coverage of the activities  which had not been fully addressed  by the evaluation. With 
regard to the suggestion  to form an implementation support group , it was indicated that such a 
mechanism coul d allow the Secretariat to report in more detail to Members , and would also help to 
take forward the recommendations from the evaluation.  On the issue of gender balanc e, the need 
for beneficiary countries to nominate more female participants was highlighte d. The request from 
some delegations for further opportunities to discuss the results of the evaluation was noted, 
although the presence of Saana Consulting at a future meeting would depend on the terms of its 
contract.  It was observed that the way forward  with respect to the evaluation  and its findings  was 
in Members' hands. With respect to the non -training activities, it was explained that these had 
been established in response to some Members ' requests . The Secretariat was willing to consult 
with Members  on these activities, including in the context of possibly defining clearer objectives.  It 
was recalled that some TPRs had in the past included assessments of TA, and consideration could 
be given to restart that practice, if there was demand from Members.  Finally, with regard to the 
requests for the provision of TA in Arabic , an overview was provided of some the issues invo lved, 
including with respect to resources , partnerships with other institutions, and the need to develop 
an agreed glossary of WTO termi nology in Arabic . The Secretariat would continue its consultations 
with the Arab Group  on this matter .     
34. The representative of Nigeria  highlighted the benefits of the WTO's TA to his country, and 
repeated his view that Members needed to hold further  discussion s on the evaluation report . He 
explained in this regard that the report was still being considered in many  capitals.   
35. The representative of Cameroon  agreed  that further discussions needed to take place on the 
evaluation report . Members needed to go through the recommendations to see which ones they 
could agree to .   
36. The representative of India expressed his support for the view that further discuss ions 
needed to take place on the evaluation report . He also indicated that the report was not legally 
binding, and Members did not necessarily ag ree on all the recommendations. The 
recommendation s needed  be reviewed in order to see which of them were agreeable to Members .    
37. The Committee took note  of the external evaluation report and the management respons e, 
as well as of all interventions.  
38. The meeting was suspended . 
39. The meeting was reconvened  on 14 March 2017 .      
D. TRADE AND DEVELOPMEN T – WORK IN THE COMMITTE E ON THE BASIS OF TH E 
CHAIRMAN'S CONCLUDIN G STATEMENT FROM THE  EIGHTH MINISTERIAL CONFE RENCE 
(WT/M IN(11)/11)  
40. The Chairman  recalled that, at the Eighth Ministerial Conference (MC8), Ministers had, 
inter alia, reaffirmed the positive link between trade and development and called for focused work 
in the CTD. Ministers had called on Members to fully operat ionalize the mandate of the CTD as a 
focal point for development work.  On the agenda for the present meeting were two submissions 
containing proposals for work under the MC8 mandate. He recalled that, at the 100th Session, he 
had welcomed the indication th at Members were holding informal discussions to try and make 
progress on these proposals, and he had encouraged further engagement. He hoped that some 
progress could be reported at the present meeting.  
- Committee on Trade and Development mandate: focal po int for consideration and 
coordination of work on development in the WTO – proposal from Barbados, Belize, 
China, Cuba, Ecuador, India, and the African Group (WT/COMTD/W/208)  
41. The Chairman  said that the proposal contained in document WT/COMTD/W/208 had the aim 
for the CTD to report on development -related work taking place in the WTO.   WT/COMTD/M/ 101 
 
- 10 - 
 
  42. The representative of India recalled  the mandate from MC8  and indicated that it was 
appropriate for the CTD to report regularly on the development -related work taking place in other 
WTO bodies , and to provide recommendations to the General Council on how to achieve better 
coordination within the WTO on development issues.  He requested that th e present sub -item 
remain on the CTD's agenda . 
43. The representative of Cameroon, on behalf  of the African Group , said that his intervention 
related to the two remaining proposals contained in documents WT/COMTD/W/208 and 
WT/COMTD/W/192. He informed the Committee that consultations on the proposals were still 
ongoing. It was hoped that convergen ce could be reached soon. He emphasized that the 
proponents did not have the objective of usurping the mandate of the General Council, as some 
delegations may have felt. Rather, the aim was to fulfil the instructions of Ministers at MC8 to fully 
operationa lize the mandate of the CTD. Recalling that the CTD had been established to serve as a 
focal point for the consideration and coordination of development -related work in the WTO, he 
noted that the current reporting structure between WTO bodies fell short of  appropriately fulfilling 
the CTD's overarching mandate. He explained in this regard that relevant decisions taken by other 
WTO bodies were not being regularly reported to the CTD, nor had the CTD been consulted on a 
range of development -related issues tha t had been taken up by these bodies.  
44. In order to operationalize the CTD's mandate, he suggested that other WTO bodies could 
submit a brief report on the development -related aspects of their work. He went on to provide 
some examples of the type of informati on that could be provided to the CTD, including with 
respect to S&D, the development impact of the elimination of trade -related investment measures, 
the development impact of the operationalization of the LDC services waiver, information relating 
to the im plementation of Articles 66.1 and 66.2 of the TRIPS Agreement, and information relating 
to the work of negotiating bodies such as the Negotiating Group on Market Access and the Special 
Session of the Committee on Agriculture. The Secretariat could then put  the various reports 
together into a single document, which would be discussed in the Committee. The CTD would also 
be able to provide guidance and appropriate recommendations to the General Council and other 
WTO bodies on any development -related work. Thi s would better link development to trade in a 
manner that would contribute to the economic development of the WTO’s developing, least 
developed, and small and vulnerable constituencies. The compilation document would additionally 
help to address the capaci ty constraints of many delegations that were not able to participate in all 
the meetings of WTO bodies. In closing, he emphasized once again the importance of improving 
intra-reporting procedures and operationalizing the CTD’s mandate by periodically revie wing the 
development -related work taking place in other WTO bodies.  
45. The representative of South Africa  supported the interventions by  Cameroon and India. As 
work was ongoing on the two remaining proposals, she indicated that the submissions containing 
these proposals needed to remain on the CTD's agenda.   
46. The representative of Ecuador  expressed support for the interventions by earlier speakers, 
and indicated her delegation's willingness to continue working with Members to make progress on 
the two remainin g proposals . She also recalled that the latest Secretariat document on the 
implementation of S&D provisions in the WTO Agreements and Decisions had been circulated in 
September 2016 in document  WT/COMTD/W/219 . The document had been prepared in response 
to a proposal from her delegation that the Committee had agreed to. She invited Members to 
make use of this document.  
47. The representative of India support ed the intervention by Cameroon, and said that he 
wished to say a few words about the remaining proposal c ontained in document 
WT/COMTD/W/192. He observed that the parties to Regional trade agreements ( RTAs) had several 
requirements to fulfil under the Transparency Mechanism for RTAs. In order to help ensure a 
timely consideration of RTAs and the smooth operat ion of the Transparency Mechanism, it was 
important for the parties to submit their n otification and information requirements jointly.  He 
requested that the sub-item relating to this proposal remain on the CTD's agenda .    
48. The representative of Cuba said t hat the proponents of the remaining proposals were 
holding consultations . She requested that the  submissions containing the se proposals remain on 
the CTD's agenda.  WT/COMTD/M/ 101 
 
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  49. The representative of the United States  said that her intervention related to both the 
remaining proposals . She noted that her delegation h ad articulated its concerns with the se 
proposals  at length – in CTD  meetings, as well as in informal discussions with the proponents. Her 
delegation had been encouraged to hear at the last CTD meeting  that th e proponents were 
undertaking some work to revise the proposals , and hoped that the revised proposals would be 
tabled soon. The view of her delegation was that the submissions containing the proposals should 
be removed from the CTD's agenda . Members could continue their discussion once the revised  
proposals were circulated.    
50. The representative of the European Union  recalled her delegation's view that the CTD should 
further explore the positive link between trade and development in order to implement the MC 8 
mandate. This needed to be based on constructive exchanges  on clearly identified topics , in line 
with the instructions from MC8 to carry out focused work. She recalled that the EU had engaged 
constructively in the discussion that had led to agreement on the proposal for the Secretariat to 
prepare an update of its document on the implementation of S&D provisions in the WTO 
Agreements and Decisions. The Secretariat update had been circulated in document 
WT/COMTD/W/219. Turning to the proposals under conside ration at the present meeting, s he 
reaffirmed her delegation's view that they did not correspond to the mandate  from MC8 . While 
taking note of the intervention by Cameroon, she indicated that it did not address the EU's 
concerns . Nevertheless, her  delegati on was willing to engage in informal discussions to make 
progress. With regard to the issues raised in the proposal contained in document 
WT/COMTD/W/192, she said that the EU was looking for a pragmatic solution. It could not support 
discussion on these is sues in the CTD, as a  discussion was already taking place in  the Committee 
on Regional Trade Agreements (CRTA) .   
51. The representative of the Japan  recalled that, before the 100th Session, a number of 
interested Members had had useful informal discussions on the way forward with regard to  the two 
remaining proposals. His delegation was therefore disappointed that there had been no progress 
since then, and no revisions to the proposals had been circulated. He indicated that his delegation 
remained open to furt her discussions, and called for active engagement  by the proponents . 
52. The Chairman  encouraged continued engagement among Members in order to make 
progress. He explained that the practice in the CTD was to maintai n an item on the agenda if any 
member so requ ested.  
53. The Committee took note  of all interventions.  
- Operationalization of the CTD's mandate: a proposal to deliver outcomes based on the 
MC8 mandate – proposal from China, Cuba, Ecuador, India and the African Group 
(WT/COMTD/W/192)  
54. The Chairman  said th at, while there were three proposals in document WT/COMTD/W/192, 
the first two proposals had already been addressed by the Committee. The first proposal, which 
was for the Secretariat to prepare an update to its paper on the implementation of S&D provision s 
in the WTO Agreements and Decisions, had been agreed to by the Committee at its 87th Session. 
The updated Secretariat paper was circulated in June 2013 and had appeared on the CTD's agenda 
for a number of meetings. As for the second proposal, which was f or the CTD to report on 
development work in the WTO, this idea was now being dealt with in the proposal contained in 
document WT/COMTD/W/208 which had been addressed under the previous sub -item. The 
remaining proposal in document WT/COMTD/W/192 was for the  CTD to make a recommendation 
for parties to RTAs to submit their notification and information requirements jointly.  
55. The representati ve of China  expressed support for the proposal  under consideration , and 
requested that the present sub -item remain on the CTD's agenda.  
56. The Chairman  once again encouraged further engagement among Members.    
57. The Committee took note  of all interventions.  WT/COMTD/M/ 101 
 
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  E. NOTIFICATIONS UNDER THE ENABLING CLAUSE  
58. The Chairman  said that he wished to provide Members with a brief update on the RTAs 
notified under the Enabling Clause that were to be considered in the Dedicated Sessions on RTAs 
of the Committe e on Trade and Development . He indicated firstly that there had been one new 
notification under the Enabling Clause since his last report to the Co mmittee in November 2016. 
This concerned Egypt's accession to the Common Market for Eastern and Southern Africa, which 
was notified on 3 January 2017 in document WT/COMTD/N/51. The parties had been requested to 
provide the data for the preparation of the f actual presentation by 6 June 2017. Turning to the 
agreement between the Dominican Republic and Panama, he informed the Committee that the 
Secretariat had begun drafting the factual presentation on this agreement. As for the South Asian 
Free Trade Agreemen t, he noted that the Secretariat had still not received the data from the 
parties, which was requested by 22 December 2016.  
59. Moving to the Arab Mediterranean Free Trade Agreement (Agadir Agreement) between 
Egypt, Jordan, Morocco and Tunisia, he said that d ata had been received from Egypt, Jordan and 
Morocco. The Secretariat was still waiting to receive data from Tunisia, which was requested by 
15 July 2016. In the case of the agreement between the Gulf Cooperation Council (GCC) and 
Singapore, although a dra ft factual presentation had been sent to the parties, the Secretariat was 
still waiting to receive data from the GCC parties, which ha d been requested by 
23 November  2015. The Secretariat was also still waiting to receive comments on the draft factual 
presentation relating to the accession of Rwanda and Burundi to the East African Community, 
which was sent to the parties in 2014. For a number of other RTAs – namely, RTAs between India 
and Nepal, India and Afghanistan, India and Bhutan, and Cuba and El Salva dor – the full set of 
data needed to complete the factual presentations had not been submitted by the parties. He 
urged the parties to these agreements to provide the data as soon as possible. He went on to say 
that there remained one RTA notified under th e Enabling Clause that had not been ratified by all 
the parties. This was the Pacific Island Countries Trade Agreement (PICTA). Following the 
procedures of the CRTA, a factual presentation of an RTA falling in this category would only be 
drafted after the agreement had been ratified by all the parties. The parties to PICTA were urged 
to inform the Secretariat as soon as all ratifications were complete.  
60. The Committee took note  of the Chairman's update.  
61. Turning to the listed sub -items under the present agenda  item, t he Chairman  said that he 
wished to say a few words on the first three sub -items . He observed that these sub -items had 
been appearing on the CTD's agenda for several years . Many CTD Chair persons  had held 
consultations in order to try and find a way forward, but the situation remained essentially the 
same. He added that , during his tenure as CTD Chairman, these issues had come up in his 
conversations on RTA -related issues with the Chair man of the CRTA , and the Chair man of the 
Negotiating Group on Rule s (NGR) . He ha d also had the opportunity to discuss the matter with 
several delegations. Among some of the possible suggestions on ways forward that he had heard  – 
at least with respect to some of the RTAs in question  – were suggestions relating to possibl e joint 
meetings of the CTD and the CRTA, or otherwise back -to-back meetings. It had also been 
suggested that discussions on a way forward be held in the context of paragraph 28 of the Nairobi 
Declaration. He invited Members to consider these observations , and encouraged continue d 
engagement in order to find a way forward.  
- Gulf Cooperation Council (GCC) Notification of Customs Union – communication from 
China, Egypt and India (WT/COMTD/W/175)  
62. The Chairman  said that the first sub -item under the present age nda item concerned the GCC 
Customs Union notification. The sub -item also referred to the communication from China, Egypt 
and India which was circulated in document WT/COMTD/W/175.  
63. The representative of India indicated that his intervention related to the t hree sub -items 
under the present agenda item, since the three RTAs referenced in these sub -items had been 
"dually notified" under both the Enabling Clause and GATT Article XXIV. He noted that the systemic 
concerns that were raised by China, Egypt and India  over the legal and procedural implications of 
the dual notification of the GCC Customs Union under both the Enabling Clause and GATT 
Article  XXIV were pertinent even now, but they remained unaddressed. Some Members had WT/COMTD/M/ 101 
 
- 13 - 
 
  expressed the view that the systemic  concerns raised in document WT/COMTD/W/175 were 
outside the scope of the CTD, and needed to be discussed in the NGR. The view of his delegation 
was that the CTD was the appropriate forum to consider the questions arising from RTAs with a 
dual notification . Pointing to the terms of reference of the CTD contained in document WT/L/46, he 
noted that the CTD was designated to serve as a focal point for consideration and coordination of 
work on development in the WTO and its relationship to development -related a ctivities in other 
multilateral agencies. He added that the Committee could consult with other WTO bodies in 
addressing the systemic concerns raised in document WT/COMTD/W/175. This was in keeping with 
paragraph 3 of the CTD's terms of reference which entr usted the Committee to review periodically, 
in consultation as appropriate with the relevant bodies of the WTO, the application of special 
provisions in the Multilateral Trade Agreements and related Ministerial Decisions in favour of 
developing country Mem bers, and in particular LDC Members, and report to the General Council for 
appropriate action. In concluding, he indicated that the three sub -items under the present agenda 
item needed to remain on the CTD's agenda until the systemic and specific concerns arising from 
"dually  notified" RTAs were addressed.  
64. The representative of the United States  asked whether India was aware that the GCC  
Customs Union had been notified under GATT Article XXIV , and was on track to be reviewed in the 
CRTA. He added that the G CC Customs Union  had never been a case of dual notification , and in 
this light asked India for clarification  on its position .  
65. The representative of the European Union  believed that the legal and procedur al questions 
arising from RTAs being notified under different legal provisions needed to  be clarified. She called 
for a pragmatic solution for the notifications in question, and indicated that any  substantive 
discussion had to take place in the framework of the implementation of paragraph 28 of Nairobi 
Declaration. However, she noted that a clear distinction needed to  be made between the 
ASEAN -Korea and India -Korea agreements on the one hand, and the GCC  Customs Union on the 
other . With regard to the ASEAN -Korea and India -Korea agreements, s he regretted that  the 
parties had been unable to find a solution, although she  appreciated the willingness demonstrated 
by Korea to make progress . She went on to say that the GCC Customs Union notification was a 
different case. As had been stated in previous meetings, the EU's position was that a custom union 
could not be notified under the Enabling Clause, and that GATT Article XXIV was the only legal 
basis for the notification of custom unions. She supported the US in noting that the GCC Customs 
Union had been notified un der GATT Article XXIV , and was in the pipeline to be reviewed in the 
CRTA.  Furthermore, the GCC Customs Union was not an issue of dual notification. The fact that the 
GCC parties had not as yet withdrawn their notification under the Enabling Clause created  doubts 
regarding the possibility of maintaining notifications under two different legal provisions. Her 
delegation urged the GCC parties to withdraw their notification under the Enabling Clause. In 
closing, she reiterated her delegation’s willingness to f ind a solution.  
66. The representative of India referred Members to document  WT/COMTD/W/175 , which 
reflected t he proponents' position on this matter .  
67. The representative of the United States  sought f urther clarification on  the reason why India 
and a few other Members wished to maintain the GCC Customs Union  notification on the CTD's 
agenda, w hen it was not a n issue of  dual notification , and was not relevant to the document that 
had been referred to .  
68. The representative of India requested that the US provide  its comments to his delegation in 
writing , so that they could be forwarded to his capital . 
69. The representative of the United States  said that the comments provided by his delegation 
on this issue had been on the record for several years. He went on to say that  he also wished to 
repeat the points made by his delegation in previous meetings with regard to the second and third 
sub-items under the present agenda item. These sub-items had fulfilled the ir purpose of informing 
Members of the notifications made , and ne eded to be r emoved from the agenda. With respect to 
the issue of dual notifications , he indicated that this  was directly linked to the functioning of the 
Transparency Mechanism for RTAs and went beyond the mandate of the CTD. The US w as willing 
to discuss the function ing of the RTA  Transparency Mechanism in the CRTA. He also indicate d it 
was up to each individual m ember to decide how to notify its R TAs, and that a M ember should not 
be pressured to notify its agreements in a particular way.  WT/COMTD/M/ 101 
 
- 14 - 
 
  70. The representati ve of Korea  said that dual notification s could be addressed during 
discussions concerning the transformation of the current provision al Transparency Mechanism for 
RTAs into a permanent  one, as well as in the context of discussions on other systemic issues.  
71. The representative of China  indicated that the CTD was the correct  forum to discuss issues 
relating to RTAs with a dual notification. He invited the Chairman to work with Members to find a 
way forward .   
72. The Committee took note  of all interventions.    
- Notification of the Agreement on Trade in Goods between the Association of Southeast  
Asian Nations (ASEAN) and Korea   
73. No Member took the floor under this sub -item. 
- Notification of the Comprehensive Economic Partnership Agreement between India 
and Korea (G oods)  
74. No Member took the floor under this sub -item. 
- Latin American Integration Association (LAIA) – Agreements concluded by LAIA 
member countries under the 1980 Treaty of Montevideo, for the period 
1 January  2015 – 31 December 2015 (WT/COMTD/93)  
75. The Chairman said that the submission contained in document WT/COMTD/93, which had 
been received from the delegation of  Uruguay, concerned the instruments concluded under the 
1980 Treaty of Montevideo (TM80) over the period 1 January 2015 to 31 December 2015. He 
noted that th is submission was also referred to in his communication to LAIA , which would be 
considered under agenda item F . He invited Uruguay to introduce the submission.  
76. The representative of Uruguay  said that, pursuant to the individual obligation of WT O 
Members to notify instruments concluded under paragraph 4(a) of the Enabling Clause, in 
compliance with sections D to G of the Transparency Mechanism for RTAs – and without prejudice 
to notifications submitted individually by LAIA me mbers to the CTD or t he CRTA – the submission  
was an adaptation of the documents previously entitled "Report to the WTO on Instruments 
Concluded Under the 1980 Treaty of Montevideo", which were notified to the GATT/WTO in a 
consistent and uniform manner . She added that 16 Indi vidual Notification Datasheets were 
annexed to th e document  – one for each of the agreements concluded under the TM80 over the 
period 1 January 2015  – 31 December 2015. These Individual Notification Datasheets were drawn 
up and approved by the LAIA member countries that signed the concerned agreements, in 
accordance with the format provided in document WT/REG/16 of 23 November 2006. The 
signatories of the se agreements were ready to supplement in a dedicated session of the CTD the 
information contained in th e various Individual Notification Datasheets with respect to any 
particular aspect of the agreements, in accordance with paragraphs 16 and 18 of the Transparency 
Mechanism for RTAs. 
77. The representative of Brazil  expressed support for the document. He indica ted that his 
delegation would make further comments on this matter  under  agenda item F.  
78. The representative of the United States  said that his delegation had concerns with the LAIA  
report being listed under the present agenda item . While some improvements h ad been made in 
the presentation of the latest report relative to previous ones, discussions needed to continue in 
order to determine whether the submission  was intended to be a notification. He referred to a 
room document circulated by the Secretariat in the CRTA, which showed that there were  97 
separate LAIA agreements in force . While s ome of these had been notified to the WTO, most had 
not. The notification of the TM80 w as not sufficient , since the treaty itself made clear that the 
agreements  entered into under it were not modifications to the umbrella agreement, but were 
separate agreements. The TM80 provided for regional and partial scope agreements, but did not 
say anything about the specific treatment to be given to a product or class of products by a ny 
signatory. In that respect, the new submission  was not sufficient in terms of a notification , and 
could not fulfil the obligations of individual Members . Noting that the document contained WT/COMTD/M/ 101 
 
- 15 - 
 
  information on an agreement to which Uruguay was not a  party, he inquired whether Members' 
questions on this agreement should be directed to Uruguay, or to the parties to the agreement.  He 
further noted that footnote 1 of the document made reference to notifications within  previous LAIA 
reports, and sought clarificatio n on which notifications were being referred to. He asked if Uruguay 
was making the claim that previous LAIA reports should be considered as notifications to the WTO 
for the purposes of the Transparency Mechanism for RTAs. In this regard, he stressed that no 
notifications of the agreements in question had been circulated. His delegation welcomed a 
discussion on how the information contained in the LAIA reports could be translated into WTO 
notifications . However , continued assertions that the LAIA reports ha d a status as an alternate 
form of notification was not a productive way forward.   
79. The representative of the European Union  indicated that, while her delegation had taken 
note of the information contained in the LAIA submission, it was unclear at this stag e whether th e 
document was just a report, or whether it could be considered a set of notification s. She recalled 
that, in September 2016, her delegation had submitted written questions to the LAIA countries, 
which were circulated in the CRTA in document WT/REG/W/109 . She urged the LAIA countries to 
provide responses as soon as possible, as this would facilitate a constructive dialogue. U ntil the 
replies  were received , the EU would reserve its right to comment on the new LAIA report.  
80. The representative of Australia  believed that  the new LAIA submission  was an  encouraging 
and positive step . However , it still  did not meet the expected standards for review , and a s a result 
his delegation could  not consider it a notification. He explained that his delegation wished to be 
able to review the underlying agreements , and not just information on amendments. He also called 
on the LAIA countries to provide responses to the questions submitte d by the EU . 
81. The representative of Uruguay  said that it was indicated in the document that a notification 
was being submitted . She requested the US, the EU and Australia to provide  their comments in 
writing, so that they could be transmitted to LAIA . She additionally informed the Committee that 
the LAIA countries would provide response s to the EU's questions as soon as possible . 
82. The representative of Japan  said that his delegation looked forward to seeing the LAIA 
countries' responses to the EU's questions. He stressed that any substantive agreement concluded 
outside of the WTO framewor k needed be reviewed in an appropriate forum of the WTO, based on 
factual information and proper procedures.  
83. The Committee took note  of all interventions.  
F. COMMUNICATION FROM THE CHAIRMAN OF THE COMMITTEE ON TRADE A ND 
DEVELOPMENT TO THE L ATIN AMERICAN INTEG RATION ASSOCIATION  
(WT/COMTD/W/ 223) 
84. The Chairman  recalled that , at the 100th Session, the Committee had considered a 
communication from Uruguay, on behalf of LAIA. This communication , from the Chair person  of the  
LAIA Committee of Representatives , was addre ssed to the CTD Chairman . He recalled that a 
lengthy discussion had taken  place on the basis of th e communication  – which was circulated in 
document WT/COMTD/W/220 – and he had encouraged Members to continue to discuss the issues 
relating to the LAIA agree ments , with a view to finding a way forward. He had also taken  note of 
the request from several  LAIA member countries for a written response . For transparency 
purposes, his response of 24 February 2017 to the Chairperson of the LAIA Committee of 
Representa tives was circulated in document WT/COMTD/W/223.   
85. The representative of Brazil  regretted that the Chairman's response did not address the 
central issue of the notification of LAIA agreements to the CTD . These notifications had been 
submitted  to the CTD on  a biennial basis until 2012 , and annually thereafter . He said that 
document WT/COMTD/W/217 included a complete notification list , with  document symbols,  of all 
LAIA agreements. He also expressed surprise with the Chairman's indication  that, because there 
was no consensus,  the latest LAIA submission could not be circulated as a notification document. 
His delegation believed that this was a misinterpretation of WTO disciplines which could have  
systemic consequences. In the whole WTO body of rules and regulat ions, there was no provision 
that indicated that consensus was needed for M embers to notify elements of their trade policies 
and measures . While the content of a notification could be challenged , consensus was not required WT/COMTD/M/ 101 
 
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  for a notification to be filed. H e went on to say that neither the 1979 Understanding on 
Notifications, adopted at the end of the Tokyo Round, nor the Uruguay Round Decision on 
Notification Procedures adopted in 1994 , contained a reference to a consensu s requirement. Both 
stated clearly t hat a notification by a Member of a trade measure was without prejudice to views 
on the consistency of measures with, or their relevance to, rights and obligations under the 
concerned multilateral trade agreements. He indicated that his delegation was brin ging the matter 
to the attention of the Development Division and the Legal Affairs Division. It was hoped that the 
Secretariat could confirm the points made by his delegation. If there was a misunderstanding by 
Members on the scope and requirements of noti fication procedures , it was important to clarify it 
once and for all . 
86. He indicated that he wished to turn to the specific case of notifications under the TM80 . In 
this regard, he said that LAIA c ountries had drafted, approved and submitted to the WTO the 
Individual Notification Datasheets contained in document WT/COMTD/93 , and in previous reports 
to the CTD . Every datasheet contained the relevant information required in a notification, including 
the parties to the agreement, the date of signature and entry into force, the description of the 
instrument , and links to the relevant documents and schedules. The LAIA countries' right to notify 
agreements falling under the Enabling Clause to the CTD was unquestionable . The ability to do so  
under section D of the RTA Transparency Mechanism seemed well established . If, as it appeared, 
other Members saw the matter differently, then discussions could take place.  However, it could not 
be said that the agreements concluded under the TM80 had not been notified, since all n ecessary 
information had been duly transmitted. He therefore reiterated the request that the LAIA 
document be recirculated with the symbol "WT/COMTD/N/ --", in keeping with notifications made 
within the CTD framework. In addition, he indicated that the incl usion of these agreements in the 
list of non -notified RTAs , which was  tabled in the CRTA , was objectionable on factual, legal and 
technical grounds. He explained that LAIA countries fulfilled their notification obligations under the 
Enabling Clause in the CTD, and not in the CRTA . The LAIA agreements should not be considered 
in the CRTA, unless there w as a national decision by specific LAIA countries  to notify their 
agreements to the CRTA under GATT A rticle XXIV.  
87. The representative of the Bolivarian Republi c of Venezuela  reiterated the request  contained 
in document WT/COMTD/W/220 for all LAIA agreements to be removed from the list of 
non - notified RTAs , since a ll these agreements were notified in an appropriate manner under the 
Enabling Clause. He also reiterated the request for the LAIA reports  to be circulated as notification 
documents, and in this regard made particular reference to the latest submission contained in 
document WT/COMTD/93. Finally, he indicated that the issues relating to the notification of the 
LAIA agreements needed to be addressed within the framework of the CTD , and not in the CRTA.  
88. The representative of Argentina  said that all WTO Members had  rights and obligations  
regarding notifications within the framework of regular Committees. Co nsensus was not required 
to submit notifications, although discussions on these notifications could take place after they were 
circulated. A Committee , or the Secretariat , could not oppose  the circulation of a notification. 
Accordingly, he joined Brazil in  requesting that the latest LAIA submission contained in document 
WT/COMTD/93 be recirculated as a notification.      
89. The representative of Ecuador  support ed the requests by earlier speakers for the new LAIA 
submission contained in document WT/COMTD/93 to be recirculated as a notification , and for the 
LAIA agreements to be removed from the list of non -notified RTAs . She also believed that 
clarification was required on the issue of whether consensus was required before a notification 
could be circulated.  
90. The representative of the Unites States  asked why the LA IA agreements could not be  
notified individually, according to the standard procedure for notification s that was used by all 
other WTO Member s. He also pointed to the lack of a unified approach within L AIA, as some LAIA 
agreements had been notified, while others had not. As LAIA was not a WTO Member, there was 
no legal basis for a document from LAIA to be accepted as a notification. He stressed that i t was 
the responsibility of each WTO Member to notify its agreements, and to answer questions relating 
to its agreements. By submitting reports by LAIA, rather than individual notifications, the LAIA 
countries were denying WTO Members the chance to review the agreements in question, and  
therefore  to benefit f rom transparency in these agreements.   WT/COMTD/M/ 101 
 
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  91. The representative of Australia  emphasized the importance of transparency in  trade 
commitments made by individual Members outside of the multilateral trading system. Each 
individual Member ’s RTAs needed to  be duly not ified and examined by the membership in the 
appropriate forum, ideally on the basis of factual presentation s prepared by the Secretariat. 
Customs unions  and RTAs in services  needed to be notified to, and examined in, the CRTA. His 
delegation disagreed with  the LAIA countries’ assertion that the LAIA  agreements had been 
appropriately notified in a manner that fully complied with the object ive and purpose of the RTA 
Transparency Mechanism. He added that the agreements concluded by the LAIA countries under 
the TM80 had important implications for regional and global trade, and therefore needed to be 
considered in  detail in the relevant WTO bodies. As the TM80 was a  political level agreement  – and 
did not even contain a goods schedule  – LAIA’s practice of submitt ing annual reports to the CTD 
was not sufficient, as this practice had not permitted the LAIA agreements to be reviewed up to 
the same standards as other  agreements . He stressed the importance of conducting  appropriate 
review s of the LAIA agreements, and c alled for engagement from the LAIA countries in this regard. 
He also urged the LAIA countries to provided responses to the questions that the EU had 
submitted in the CRTA in September 2016.  
92. The representative of Cuba expressed support for the interventions  by other LAIA member 
countries .  
93. The representative of Argentina  said that the TM80 was an umbrella agreement under which 
various types of  agreements had been established. He indicated  that it was the LAIA countries that 
notified these agreements to the W TO under the Enabling Clause , through Uruguay, and it was 
therefore for the LAIA countries  to respond to any questions from Members.  
94. The Chairman  indicated that he wished to clarify elements of his communication to LAIA , as 
he did not want any misunderstan ding. He said that the main point that he had wished to make in 
his letter was  that there  was no consensus among WTO Members  for LAIA to make a notification to 
the WTO. He clarified that a WTO Member was certainly within its rights to submit and circulate 
any document as a notification. Other Members might not agree that this document constituted a 
correct notification, but that would be a different issue. However, it was f or a WTO Member to 
submit a request for a document to be circulated as a notification . To this extent, a request in a 
letter from the Chair person  of the LAIA Committee of Representatives was not a sufficient basis to 
circulate the LAIA reports as notification documents. Turning specifically to the latest LAIA 
submission contained in docume nt WT/COMTD/93, he explained that the cover letter from Uruguay 
to the WTO Secretariat  referred to the submission as an annual report for 2015 , sent by the 
Secretary General of LAIA . Accordingly, the existing practice with regard to the circulation of the 
LAIA reports was maintained, as was the existing practice with regard to the placement of these 
reports on the agenda. He noted however, that Uruguay, as a WTO Member – or indeed any 
concerned LAIA member country in its capacity as a WTO Member – could cir culate any document 
it wished with a notification symbol, as long as it was made clear in the communication to the WTO 
Secretariat that a notification was being su bmitted. The Member  or Members  needed to a lso 
indicate the legal provision under which the no tification was being made. He invited a 
representative of the Legal Affairs Division to make a few remarks.  
95. The representative of the Legal Affairs Division  said that, while a WTO Member could 
circulate any document it wished as a notification, the instruc tions to the Secretariat would need to 
be clear in specifying that the document was being submitted as a notification . The WTO Members 
which benefitted from the agreement being notified  would also need to be specified , as well as the 
relevant WTO provision  under which the notification was being made. She explained that, although 
the latest LAIA submission mentioned the word "notification", the Secretariat could not follow an 
instruction from LAIA – a non -WTO Member – to circulate the document as a notificat ion. That 
being said, the same document could be circulated as the notification of any individual Member, if 
this was clearly specified to the Secretariat by that  Member, and the required information for a 
notification was provided. She also indicated that  the Secretariat had been informed in informal 
discussions that not all LAIA countries were ready to proceed in the same way with regard to 
notifications. If it was indeed the case that all the LAIA countries wished to circulate the latest 
submission as a joint notification, or that one LAIA country would make the notification on behalf 
of all LAIA countries, this needed to be  made clear to the Secretariat.  WT/COMTD/M/ 101 
 
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  96. The representative of Uruguay  wished to know  whether the latest LAIA submission would be 
circulated a s a notification if it was specified to the Secretariat that a notification was being 
submitted.  
97. The representative of Argentina  said that he had not heard any LAIA country stating that it 
did not wish the latest LAIA submission to be circulated as a notif ication . He reiterated his 
delegation 's request for the document to be recirculated as a notification. If the use of the word 
"report" created any problems, he indicated that consideration could be given to employing 
different  terminology.  
98. The representat ive of Panama  said that there were many previous examples of a M ember 
making a notification on behalf of a number of Members. He did not see how the latest LAIA 
submission differed in this respect, since Uruguay had submitted what the LAIA countries 
consid ered to be a notification on their behalf. If it was a question of the terminology used, he 
indicated that this was something that could be looked into.   
99. The representative of Brazil  supported  Argentina in noting that no LAIA country had 
expressed a diffe rent view with respect to the LAIA submission. He also said that LAIA was a 
member -driven organization,  and in this regard a document by LAIA should be considered a 
document by the LAIA member countries . 
100.  The representative of the United States  asked why th e LAIA member countries continued to 
make submissions  in the form of reports , which created ambiguity, rather than circulating 
notifications  like other Members did . He recalled that h is delegation had in the past indicated  its 
willingness to work with the LAIA countries to find a way forward on the notification of the LAIA 
agreements, and in this regard he expressed frustration that progress was not being made. He 
also recalled that his delegation had raised specific questions in both the CTD and the CRTA o n the 
content of the reports, including with respect to the justification for including customs unions and 
services aspects  under the Enabling Clause . On these questions , the LAIA countries had invited his 
delegation to contact the LAIA secretariat – a non -WTO Member – to obtain the answers, as it was 
the LAIA secretariat that drafted the reports. He stressed that it was for individual LAIA countries 
to take responsibility for the documents they submitted to the WTO, and to respond to questions 
on the RTAs to which they were party.  
101.  The representative of Brazil  observed  that the first page of the new LAIA submission  
referred to  Individual Notification Datasheets , prepared by the concerned countries . He believed 
that the discussion at the present meeting had not properly taken this into account.  
102.  The representative of Argentina  said that his delegation was ready to provide any 
clarifications sought by Members on the agreements to which Argentina was a party under the 
TM80. He stressed that Argentina was  respons ible for the agreements it had  entered into  under 
the TM80.   
103.  The Chairman  expressed his hope that the discussion at the present meeting would help 
Members to make progress on issues relating to the LAIA agreements . He encouraged delegations  
to continue to  discuss the se issues  with a view to finding a way forward.    
104.  The Committee took note  of all interventions.   
G. WORK PROGRAMME ON ELECTRONIC COMMERCE  
- Aiming at the 11th Ministerial Conference – Communication from the People's Rep ublic 
of China and Pakistan  (JOB/GC/110/ Rev.1  – JOB/CTG/2/REV.1 – JOB/SERV/243/Rev.1 
– JOB/DEV/39/Rev.1 ) 
- Electronic signatures – Communication from Argentina, Brazil and Paraguay 
(JOB/GC/115 – JOB/CTG/3 – JOB/SERV/247 – JOB/IP/20 – JOB/DEV/41)  
- Trade policy, the WTO and the digit al economy – Communication from Canada, Chile, 
Colombia, Cote d'Ivoire, the European Union, the Republic of Korea, Mexico, WT/COMTD/M/ 101 
 
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  Montenegro, Paraguay, Singapore and Turkey (JOB/GC/116 – JOB/CTG/4 – 
JOB/SERV/248 – JOB/IP/21 – JOB/DEV/42)  
- Electronic commerce and  development – non-paper from Brunei Darussalam; 
Colombia; Costa Rica; Hong Kong, China; Israel; Malaysia; Mexico; Nigeria; Pakistan; 
Panama; Qatar; Seychelles; Singapore and Turkey (JOB/GC/117 – JOB/CTG/5 – 
JOB/SERV/249 – JOB/IP/22 – JOB/DEV/43)  
105.  The Chairman said that  there were four proposals  relating to the 1998 Work Programme on 
E-Commerce that were reflected  under th e present  agenda item . These proposals had been  
circulated not only in the CTD, but also in a number of other WTO bodies. The CTD document  
symbols were, respectively, JOB/DEV/39/Rev.1, JOB/DEV/41, JOB/DEV/42 and JOB/DEV/43. He 
invite d the proponents of each proposal to take the floor  in turn .  
106.  The representative of China  recalled that the communication contained in document 
JOB/DEV/39/Rev.1 had already been considered  at the last CTD meeting. She believed that  
discussions on e -commerce needed to  follow the current mandate and focus on the development 
dimension, so as to advance the common interests of developing Members. In addition, the WTO' s 
work on e-commerce had to be inclusive , and should not involv e new market access commitments. 
Discussions could  focus on the promotion and facilitation of cross -border trade in goods enabled by  
the internet, together with the services that directly suppo rted such trade. With regard to the 
development dimension of e -commerce, she indicated that her delegation had taken note of the 
interventions at the last CTD meeting by a number of developing Members. Furthermore,  since the 
last meeting, China had reviewe d its relevant domestic poli cies and regulatory framework. Her 
delegation intended to share detailed information at the upcoming meetings of the  Council for 
Trade in Goods ( CTG) and the Council for Trade in Services ( CTS). She went on to provide 
informatio n on China's experiences in using e -commerce as a means for poverty reduction. The 
Committee was informed, inter alia , of efforts by the Government to guide and encourage 
third - party e-commerce business enterprises to establish e-commerce service platfor ms. 
Emphasis was placed on making e -commerce benefit the poor, including through encouraging the 
flow of goods in poor areas, encouraging the poor to establish start -up businesses  and create jobs 
through e -commerce , and broadening sales channels for qualit y agricultural products from poor 
areas. She also outlined a number of s pecific measures being  taken to benefit the poor, includ ing 
with respect to developing infrastructure  and industries, constructing a poverty reduction service 
system for e -commerce, an d mobilizing the community.  
107.  The representative of Brazil  introduced the proposal contained in document JOB/DEV/41. He 
said that t he e-signature s had been identified as relevant in the context of discussions under the 
1998 Work Programme. E -signatures ha d the power to act as a digital identity for a user in the 
digital environment. Digital certificates produced by authorized and registered providers enabled 
third parties to ascertain the authenticity of an e -signature. He highlight ed e-government as a 
relevant application of e -signatures. He also referred to India's proposal  at the WTO for an 
Agreement on Trade Facilitation in Services, and explained how a number of concepts outlined in 
that proposal would benefit from e -signatures. In closing, he noted  that the proposal in 
JOB/DEV/41 had been submitted in the form of a legal text, as it was the outcome of negotiations 
within MERCOSUR , and had been adopted as a resolution that would apply to the MERCOSUR 
parties . 
108.  The representative of the European Union  said that the approach taken by the co -sponsors 
of JOB/DEV/42 was to list the trade policy -related elements that they believed were relevant for 
e - commerce. The development dimension cut across the entire list of issues. He noted that the 
list was not exhaust ive, and was without prejudice to elements that any of the co -sponsors might 
seek to address individually. The elements listed in the submission were grouped into four clusters . 
The first cluster relat ed to regulatory framework s, including in the context o f enhanced 
transparency, measures to promote consumer  confidence, and trade facilitating measures. The 
second cluster was concerned with open markets, which included issues relating to liberalization 
commitments in goods and services, as well as measures t o ensure openness. The focus of the 
third cluster was on initiatives facilitating the development of e -commerce. Among the elements 
included under this heading were regulatory cooperation, customs facilitation measures and 
technical assistance. The fourth cluster focused on the multilateral trading system, and aimed to 
explore how the WTO could continue to play an important role in enhancing transparency in WT/COMTD/M/ 101 
 
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  Members'  policies relat ing to e-commerce. He invited Members to consider the elements that had 
been l isted, and to share ideas on how the mapping exercise could be taken forward.  
109.  The representative of Singapore  said that  the objective of the co -sponsors of document 
JOB/DEV/43 was to contribute to further discussion s and reflection s on e-commerce at the W TO, 
with a particular focus on the nexus between development and e-commerce. Th e proposal 
identified a few potential areas of interest and relevance to developing countries in the 
e - commerce area. While the co -sponsors recognized the importance of e-comm erce for both 
developed and developing countries, they also believed that the use  of e-commerce in developing 
countries had certain unique characteristics. He invited Members to share their experiences  in this 
regard , including with respect to any challeng es faced in leveraging e-commerce for development.  
110.  The Chairman  opened the floor for comments and questions on the proposals.  
111.  The representative of Thailand, on behalf of ASEAN , expressed  the interest of ASEAN to 
continue  e-commerce discussions in the WTO  under the 1998 Work Programme . Enhance d 
information and experience sharing would help gain a better understanding  of how  the WTO could 
help Members achieve their trade policy objectives in the area of e-commerce. In this regard, she 
expressed appreciation  for the seminar on e -payments and financial inclusion that was organized 
on 13 March 2017 by the Friends of E -Commerce for Development (FED). She said that, for 
ASEAN, the benefits of e-commerce went beyond creating trade and business opportunities . 
E - commerce also contribute d to overall economic development, as well as to the promotion of 
cultural exchanges and social cohesion, which were critical for regional integration. Indicat ing that 
ASEAN had many e-commerce success stories, she went on to provide  some examples of micro, 
small and medium -sized enterprises ( MSMEs ) in the region that had  been able to  scale up the ir 
use of technology and e-commerce in order to compete effectively with global players. It was also 
noted that  the rapidly evolving  nature of e-commerce meant that policymakers had to constantly 
play catch -up in order to ensure a conducive regulatory environment for businesses to grow.   
112.  She went on to provide an overview of how ASEAN had addressed e -commerce over the 
years in its FTAs, starti ng with the launch of the e -ASEAN Framework Agreement in 2000. The 
ASEAN -Australia -New Zealand FTA, which ent ered into force in 2010, contained an e -commerce 
chapter. An e -commerce chapter was also being negotiated in the context of the Regional 
Comprehens ive Economic Partnership. In 2012, ASEAN worked with UNCTAD to conduct a review 
of its e -commerce legislation. The review, which showed that ASEAN performed best in the area of 
electronic transaction laws, highlighted new regulatory issues arising from evo lving technologies , 
and also  made several recommendations. She added that, in the ASEAN Economic Community  
Blueprint 2025 – which was adopted at the 27th ASEAN Summit on 22 November 2015  – ASEAN 
leaders had agreed to intensify cooperation on e-commerce wit h a view to developing an ASEAN 
Agreement on E -Commerce to help facilitate cross -border e-commerce transactions in the region . 
An ASEAN Coordinating Committee on E -Commerce had also been created, and work was 
underway to establish an ASEAN E -Commerce Work Programme. It was expected that the 
initiatives within ASEAN would help all ASEAN countries be e -commerce ready , and would 
contribute to their development . In closing, she indicated that ASEAN welcomed the high level of 
interest in e -commerce at the WTO. A s Members were at different levels of e -commerce readiness, 
it was important to maintain the momentum by continuing substantive discussions in the relevant 
Committees.   
113.  The representative of Chile believed  that document  JOB/DEV/42, of which her delegation 
was a co -sponsor, provided a starting point for facilitating a discussion on possible areas of work 
on e-commerce at the WTO.  She drew the Committee’s attention to the questions that were 
raised at the end of the document, and in particular invited Member s to consider which elements 
relating to e-commerce they wished to have focused discussions on in the CTD.  
114.  The representative of Costa Rica  said that e-commerce brought the digital, development and 
trade agendas together. While e-commerce carried with it i mportant challenges, it also provided 
many opportunities  for developing countries. It was an instrument for inclusive development and 
economic growth. She elaborated on the potential benefits to MSMEs in particular, and noted that 
the WTO's engagement in e -commerce needed to focus on the development dimension, so as  to 
allow a  more inclusive  and sustainable participation  of all countries .  WT/COMTD/M/ 101 
 
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  115.  The representative of Paraguay  expressed her delegation’s support for a tangible outcome 
on e-commerce at MC11. She not ed that Paraguay was a co -sponsor of the proposals contained in 
document s JOB/DEV/41 and JOB/DEV/42. With regard to document JOB/DEV/41, she said that 
e - signatures could  be used as a trade facilitation  tool that would ensure the authenticity, integrity 
and privacy of cross -border internet transactions and communications, thus providing greater 
security and predictability. Members were encouraged to consider the matter further . With regard 
to the proposal contained in document JOB/DEV/39/Rev.1, she indicat ed that her delegation  had 
previously made comments on the issue of transparency and notification of laws and regulations.  
116.  The representative of the Republic of Korea  said that discussions on e-commerce at the WTO 
had not progressed enough to keep pace with real -world developments. He suggested that the aim 
of future discussions should be on deepening Members' understanding of the implications of 
e - commerce for trade and development. In this regard , he indicated that the  13 March 2017 
seminar on e -paymen ts and financial inclusion had been particularly  useful. He hoped that other  
events on the development implications of e -commerce could be organized in the future.  
117.  The representative of Ecuador  indicated that she wished to provide comments on some of 
the p roposals under consideration. Starting with document JOB/DEV/39/Rev.1, she supported the 
view that discussions on e -commerce needed to  take place within the context of the 1998 Work 
Programme , and should not entail  new market access commitments. She also stressed  that 
addressing the digital divide needed to be a priority for Members . Turning to document 
JOB/DEV/42, she shared her delegation's view that the proposal appeared to go beyond the 
mandate of the 1998 Work Programme. She explained that, although th e proposal contained some 
elements that constituted topics for discussion, it also contained elements relating to an outcome 
based on market openings, which would necessarily involve a negotiating process . In this light, 
she suggested that the proposal wou ld need to be adjusted in order to make it consistent with the 
1998 Work Programme. Finally, with regard to document JOB/DEV/43 , she observed that the 
elements addressed in the proposal focused on provid ing solutions to some of the problems faced 
by develo ping countries in using e -commerce , particularly for MSMEs . She believed that the issues 
raised in documents JOB/DEV/39/Rev.1 and JOB/DEV/43 could pro vide starting points for a 
much  - needed debate on the digital divide.  
118.  The representative of Pakistan  recognized the role that e-commerce could play in promoting 
inclusive trade and helping to achieve development goals. He pointed to the knowledge gap and 
digital divide that existed between  developed and developing countries , and urged Members to 
engage const ructively in discussions on e -commerce, focusing in particular on the development 
dimension. He recalled that the FED, of which his delegation was part, had organized a seminar on 
e-payments and financial inclusion  on 13 March 2017 . His delegation was also  a co-sponsor of two 
of the proposals under consideration . 
119.  The representative of Cameroon  said that Members’ priority had to be in addressing the 
digital divide. He elaborated on how many developing countries did not have the infrastructure to 
participate in e-commerce, and in this light indicated that discussions in the WTO at the present 
time should not be about new commitments. What was important was to ensure that all Members 
could benefit from e -commerce. He suggested that Members could consider how existing WTO 
rules, including with respect to S&D,  could be used to make e-commerce more inclusive , while 
contributing to poverty  reduction and development .  
120.  The representative of India recognized  that e-commerce had become a major driv er of 
international ec onomic activity  and international trade. In India, e-commerce was transform ing the 
way business was being conducted, and represented one of the fastest growing segments of the 
economy . However, as with any new and emerging area of technology, the regulator y frameworks 
and institutions to support e-commerce w ere still at an evolutionary stage. While there had been a 
significant evolution in the technology relating to e-commerce  since the adoption of the 1998 Work 
Programme , there was little clarity on the tr ade-related dimensions of e-commerce and how to 
address them. For example, clarity w as required on a host of technical issues, including the 
definition and scope of e -commerce , and the interface between e-commerce and digital trade . 
Other issues included t he definition of electronic transmissions in the context of the moratorium on 
custom duties , the classification of e-commerce transactions  as goods or services, and questions 
relating to the reporting of e-commerce transactions in national and internationa l trade statistics. 
His delegation believed that the l ack of credible and comparable statistics relating to e-commerce  
was a real challenge for evidence -based policy making. Furthermore, most developing countries WT/COMTD/M/ 101 
 
- 22 - 
 
  were grappling with basic access and connec tivity issues. It was noted, inter alia , in this regard 
that around 70% of the population in India did not have internet access, particularly in rural areas. 
At the same time, the global e-commerce market was highly asymmetrical and monopolistic, and 
was dominated by a few large technology firms.  
121.  He added that the growth of e-commerce activities had given birth to new challenges, both 
for domestic and for cross-border trade . These included issues related to consumer protection and 
the sale of counterfeit g oods and services, the safety of online payments, e -authentication 
procedures and digital signatures, and taxation . There were also challenges relat ing to shortage s 
of skilled manpower, human resource development and logistics. In most developing countries , 
including in India, rules on these and related areas were still evolving. Therefore, the view of his 
delegation was that it was premature to discuss rule -making in the area of e -commerce. What 
would be appropriate was for e -commerce discussions to be limited to the non-negotiating 
mandate  of the 1998 Work Programme . In the CTD, discussions on e-commerce needed to  focus 
on addressing the development needs of developing countries.  Given that the growth of digital 
trade and e-commerce were te chnology -depende nt, a critical component of discussions had to be 
on ensuring an adequate transfer of technology. He believed that Members needed  to consider 
ways of reduc ing the digital divide, promot ing increased internet access and enhanc ing the 
mobilization of financi al resources to develop the digital infrastructure in developing countries  and 
LDCs. He also highlighted the importance of cooperation amongst Members, and the sharing of 
experience s in areas such as consumer protection, safety of online payments, taxation , human 
resource development and logistics. Cooperation in the area of cyber security , electronic 
signatures and electronic documents were also important. In closing, he stressed the need for 
greater efforts by national governments and the international co mmunity to enhance the readiness 
of countries to engage in, and benefit from, digital trade .  
122.  The representative of Norway  believed that it was  useful to have a thorough discussion in 
the CTD on the development dimension of e-commerce. She said that a prer equisite for 
e - commerce to flourish was a high degree of trust in the digital environment. In this regard, s he 
pointed to the importance of supporting a good consumer environment online , and ensuring 
transparency. Turing to the proposal contained in docu ment JOB/DEV/42 , she indicated that the 
document provided  a structured approach and a useful  overview  of a number of aspects that 
Members would need to address. However, the list was not exhaustive,  and it was also important 
to take into consideration any specific aspects that could be relevant for developing Members and 
LDCs. She agreed with the proponents of document JOB/DEV/39/Rev.1 that Members needed to 
take the issue of e-commerce and digital trade step by step , and in this regard suggested that a  
good first step could be to look at improvements in technical conditions for cross -border 
e - commerce, including with regard to e-signatures, authentication and certificates. She stressed 
the need to find elements of commonality in the various submissions, e specially in the context of 
what would allow e -commerce to benefit all Members  – and in particular developing Members . In 
addition, it was important to identify the areas in which WTO rules and guidelines could make a 
difference , and would thereby allow Me mbers to put in place the necessary domestic rules that 
would enhance their capacity to participate in international trade through e-commerce. She 
concluded by highlighting the need for Members to discuss the extension of the moratorium on 
customs duties o n electronic transmissions, which her delegation supported.  
123.  The representative of South Africa, o n behalf of the African Group  indicated  that the tabling 
of submissions in the CTD was in line with paragraph 1.1 of the 1998 Work Pro gramme, and 
consistent w ith parag raph 1 of the Nairobi Decision on e -commerce. She said that continental 
integration, structural transformation and industrialization were the overriding priorities for Africa, 
as had been laid out by African Trade Ministers. She made reference in this regard to the 
Continental Free Trade A rea, as well as to Agenda 2063: The Africa We Want , and emphasized the 
need for work undertaken at the multilateral level to support Africa’s continental integration 
agenda. With regard to e -commerce, she said tha t the African Group approached the exploratory 
discussions under the 1998 Work Programme  from a perspective that gave paramount importance 
to the development implications of e-commerce, taking into account the economic, financial, and 
development needs of developing countries. In this light, she believed that several issues that 
were included in the proposals under consideration were better suited for discussion in the CTG, 
the CTS or the TRIPS Council. Furthermore, some of the issues  fell outside the scope  of the 1998  
Work Programme , or were being taken up extensively in other international  organi zations. She 
urged the proponents to refine their proposals  in order  to make them specific to the body where 
discussions should take place, as per the Work Program me.  WT/COMTD/M/ 101 
 
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  124.  She went on to say that the African Group wanted  the CTD to take up issues that placed at 
their centre the needs of developing countries and LDCs. She highlighted in this regard the 
importance of addressing ways of enhancing the participat ion of devel oping countries in 
e - commerce , and the associated challenges . A number of examples were provided, including with 
respect to  infrastructure, industrialization and workforce skills. It was noted that the potential 
benefits of e -commerce for developing coun tries could not be assumed or asserted. It was pointed 
out, inter alia , in this regard that fixed broadband penetration remained at 0.7% in Africa and the 
LDCs, and Africa was the only region in the world where broadband penetration remained below 
20%. Bringing about socially equalizing effects would not be possible when only some had access 
to digital technology  – whilst others had partial or no access, and also had no rights over the 
technology. According to UNCTAD, four countries accounted for 80% of bus iness-to-business 
(B2B) e-commerce, which was the largest form of e -trade. With regard to business -to-consumer 
(B2C) e-commerce, the Middle East and Africa together accounted for only 2.5%. Accordingly, 
discussions in the CTD had to address the asymmetrica l nature of the existing global e -commerce 
space, in order to enable Africa to become e -commerce ready. One of the overriding questions of 
the African Group was how to build an inclusive growth and equitable development trajectory for 
all developing countr ies and LDCs. She encouraged Members to share their experiences on 
measures employed to develop capabilities in the digital economy. In closing , she expressed  the 
commitment of the African Group to engage in a comprehensive discussion in the CTD on all iss ues 
relating to the development implications of e-commerce.  
125.  The representative of Canada  said that the communication contained in document 
JOB/DEV/42 that her delegation had c o-sponsored aimed  to stimulate discussion on the elements 
of trade policy that co uld be addressed to promote inclusive economic growth through 
e - commerce. Her delegation believed that the CTD was an important forum for this discussion. 
She went on to highlight some of the opportunities associated with e-commerce, while also 
recognizi ng that the digital divide prevented countries from tapping into these opportunities. She 
suggested that the CTD could explore how the WTO could contribute to efforts aiming to further 
facilitate e-commerce to the benefit of all Members. The trade  policy e lements contained in the 
communication could help to provide an enabling environment for the development of e-commerce 
in developing countries , and the CTD could examine the development dimension of many of these 
elements. The WTO could add value to the wo rk being carried out in other international 
organizations  – through  its transparency function  and its negotiating function , and through the 
provision of TA and capacity building. Other international agencies had to also be encouraged to 
continue to address  barriers to the effective harnessing of e-commerce for sustainable 
development , and to coordinate on relevant issues . She gave the example in this regard of the 
establishment at UNCTAD of an Intergovernmental Group of Experts on E-Commerce. She further 
pointed to  the importance of  international cooperation on e -commerce, and noted that Canada 
sought to incorporate such article s in its trade agreements. A number of elements that could be 
included in  article s of this nature  were provided , including , inter al ia, with respect  to the exchange 
of information, collaboration to assist small and medium -sized enterprises ( SMEs ), and enhancing 
national regulatory capacity.  
126.  The representative of Japan  emphasized the importance that his delegation attach ed to 
e - comme rce, including in the context of enabling inclusive trade. Referring to the proposal 
contained in document JOB/DEV/39/Rev.1, he said that his delegation wished to hear more from 
the proponents on concrete measures that could be taken by the WTO to improve infrastructure 
and the technical conditions for the development of cross -border e-commerce. With regard to the 
MC11 and beyond, he  believed that Members needed to  consider the WTO's work on e-commerce 
in a pragmatic and focused way. His delegation look ed forward to engaging in active discussions 
on e-commerce.  
127.  The representative of Uganda, on behalf of the LDC Group , noted  that the proponents of the 
various proposals  had taken into account the process  that h ad been earlier suggested to Members, 
which was t hat submissions relating to e -commerce needed to be first taken to the relevant 
bodies, as set out in p aragraphs 2 to 5 of the 1998 Work Programme. Discussions would need to 
have matured in these bodies before being reported to the General Council. He reca lled a number 
of elements from  paragraph s 1.1 and 1.2 of the Work Programme, and emphasized that the 
non - negotiating mandate  of the Work Programme was exploratory in nature.  He went on to say 
that, since the establishment of the Work Programme, the digit al divide for LDCs had widened. In 
theory, e -commerce was supposed to help  surmount the obstacles faced by weaker countries 
when competing with stronger players. However, in reality, most LDCs had to deal with a number WT/COMTD/M/ 101 
 
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  of constraints  – relating to insuffic iencies in b asic infrastructure , electricity  and internet  access , as 
well as  to the high cost of broadband connectivity . LDCs also faced a number of bottlenecks that 
prevent ed them from taking advantage of the opportunities that were theoretically availabl e 
through e-commerce platforms. The LDC Group believed that, in order for LDCs to be able to 
benefit from e -commerce, the three key issues were access, affordability and availability. He went 
on to provide some figures to put into context the present situa tion of the LDCs. He mentioned, 
inter alia , in this regard that only 15% of the population in LDCs used the internet. Fixed 
broadband penetration remained at below 1% in Africa and the LDCs. In light of  the low 
penetration rate  in internet use , LDCs were n ot in a position to take advantage of the benefits of 
e-commerce.       
128.  He indicated that discussions under the Work Programme needed to  focus on overcoming  
the challenges that were hindering  LDCs from be coming e -commerce -ready . It was suggested that 
discussions could focus on a number of specific issues , including  access to electricity, access to 
digital infrastructure  and cheap and fast broadband, inadequate skills, and technology transfer.  He 
went on to express support for the intervention by the African  Group , and noted in particular that 
most of the proposals under consideration fell outside the scope and mandate of the 1998 Work 
Programme . He invited the proponents to narrow down their submissions to issues specific to the 
CTD, and to focus on the elem ents contained in p aragraph 5.1 of the Work Program me, with a 
view to addressing the digital divide . He also highlighted the need to complement, and not 
undermine, initiatives within Africa, and in particular Agenda 2063: The Africa We Want. He 
believed th at it was important to examine the implications of e -commerce on the structural 
transformation and industrialization of Africa , and what the impact would be on domestic markets, 
domestic manufacturers and service suppliers . Finally , he outlined the plans o f the International 
Telecommunications Union to connect 1.5 billion people to the internet, and regretted that funds 
were not being made available for this purpose. In this regard, he expressed concern with the 
downward trajectory in Aid for Trade, particu larly for LDCs , and stressed the need for consistency 
in the message and practice of donors .    
129.  The representative of Peru recognized the importance of e-commerce for economic growth 
and development , and noted that a chapter on e -commerce was included in m ost of the trade 
agreements to which Peru was party. Peru was also working actively in various agencies to 
encourage commitments on e -commerce and related matters, with a focus on  development. He 
expressed interest in learning more about the technical deta ils of the proposals under 
consideration, in order to identify specific ways for Members to move forward , including in the 
context of an outcome at MC11 . 
130.  The representative of Colombia expressed support for the proposals contained in documents 
JOB/DEV/42 a nd JOB/DEV/43, of which his delegation was a co -sponsor. With regard to the 
proposal contained in document JOB/DEV/39/Rev.1, h e indicated that his delegation was 
supportive of many of the ideas  contained therein, including with regard to the recommendation  to 
extend the moratorium on the imposition of customs duties on electronic transmissions. Colombia 
was particularly interested in the topics outlined in the first section of the proposal, i n light of its 
successful experiences in areas such as streamlined  procedures for customs clearance, inspection 
and quarantine, and the promotion of paperless trade, He also noted that the proposal 
encompassed elements which could have a favourable impact on the development of physical and 
legal infrastructure, which he believed was one of the main obstacles faced by developing 
countries in using e -commerce. In this regard, he made particular reference to the suggestion in 
the proposal to explore concrete measures to improve infrastructure and technical conditions, 
includ ing in the context of Aid for Trade. The mention in paragraphs 1.3 and 3.1 of the need for 
information exchange w as additionally welcomed, in particular in the context of the benefits this 
would bring to MSMEs.  With regard to section 2 , concerning transpar ency commitments, he invited 
the proponents to review their suggestions, as these were already part of existing commitments in 
goods and services. His delegation also wished to gain a better understanding from the proponents 
on paragraph 5.2, and in partic ular the role the y envisaged for the Secretariat . It was  additionally 
noted that the proposal covered only one of the dimensions of e -commerce, and in this regard he 
express ed hope that discussions on e -commerce could encompass other areas as well.   
131.  He went on to say that he wished to share some of his country’s experiences  in the context 
of infrastructure and connectivity development. He outline d in particular elements of Colombia’s 
Vive Digital Plan for the 2010 -2014 period, which had the objective of developing the necessary 
infrastructure to enhanc e connectivity and internet access across the country. The success of the WT/COMTD/M/ 101 
 
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  initiative could be attributed to the close partnership between the public and private sectors, and 
in particular the consultative appro ach which had allowed the needs of the private sector to be 
identified and incorporated into the programme. To ensure continui ty, a further plan for the 
2014-2018 period had been established. Specific approaches were being implemented, including 
on a regio nal basis, and with a focus on education and employment . In closing, he stressed the 
importance of e -commerce in promoting d evelopment. He also  expressed his delegation's 
willingness to discuss  initiatives to facilitate trade in goods and services by elect ronic means.   
132.  The representative of Australia  highlighted the role of e -commerce as a driver of 
international trade, inclusive economic growth and development . She observed  in particular that 
e - commerce  facilitated the participation of MSMEs in global t rade. The view of her delegation was 
that the WTO could contribute to the trade -related aspects of e -commerce for the benefit of all 
Members. She noted that the proposal contained in document JOB/DEV/43 highlighted several 
aspects of e -commerce of particul ar relevance to developing countries, and went on to provide 
some comments on this proposal. With regard to trade facilitation and e -commerce, she agreed 
that taking steps in the WTO to facilitate cross -border e-commerce would contribute to  
development , and to the greater participation of MSMEs in global trade. In this context, she 
highlighted the certainty provided by the moratorium on customs duties, and encouraged Members 
to extend or make permanent the moratorium. She also welcomed the entry into force of the 
Trade Facilitation Agreement , and called for the full implementation of th e Agreement to further 
enable cross -border e-commerce.  On the issue of access to payment solutions, her delegation 
wished to hear more on how the WTO could contribute. With re gard to infrastructure gaps , she 
recognized that addressing such gaps in developing countries and LDCs was a critical element in 
the creation of an  enabling environment  for e-commerce . Examples were provided of projects 
implemented by Australia , including the ASEAN -Australia Development Cooperation Programme 
Phase II, as well as projects relating to internet connectivity in Tonga and Fiji, telecommunications 
in Vanuatu, and mobile coverage in Kiribati and the Solomon Islands.  In closing, she called for 
cooperation between relevant international agencies and others pursuing initiatives to close 
infrastructure gaps.   
133.  The representative of Hong Kong, China  noted the link between e -commerce and 
development, and indicated that her delegation was a co -sponsor of t he proposal contained in 
document JOB/DEV/43. She stressed the need for the active participation of SMEs and MSMEs in 
global trade, but also recognized the difficulties they faced in terms of  resources , technology and 
infrastructur e. Her delegation therefo re supported any initiative or discussion that could help 
create a reliable business environment, improve infrastructure, and build the capacity of SMEs  and 
MSMEs to participate in e-commerce.  
134.  The representative of Mexico  said that his delegation was a co -sponsor of the proposals 
contained in documents JOB/DEV/42 and JOB/DEV/4 3. He noted that e -commerce offered 
additional ways to do business , which complemented the modalities already provided for by 
traditional trade. Furthermore, an appropriate legal and regulatory framework , covering  aspects 
such as e -signatures and consumer protection , would  ensure consumer confidence and make 
transactions more secure. He went on to highlight the potential of e -commerce in integrating SMEs 
into global value chains and pr omoting development. He noted that e vents such as the seminar 
organized  on 13 March 2017  by the FED on e-payments and financial inclusion would help 
Members to make progress on issues such as the digital divide.  
135.  The representative of Zimbabwe  expressed su pport for the intervention  by South Africa on 
behalf of the African Group. She recognized the importance of e-commerce and digital trade , and 
welcomed discussions in the context of the 1998 Work Programme . She went on to say that the 
economies that had adv anced in terms of digital trade and e-commerce had done so by using all 
the policy space at their disposal , and without any of the  multilateral trade rules or disciplines on 
e-commerce that some Members were proposing. Moreover, e-commerce continued to grow 
rapidly  in these countries. She said that it was imperative to maintain the same policy space for 
other countries – particularly  developing countries – that had not yet developed their e-commerce 
and digital trade. It was also important to desist from im posing rules or disciplines at a time when 
developing countries  were not e-commerce ready. She believed that it was premature to consider 
rules or disciplines on e-commerce, as such rules would benefit Members wh ich were already 
technologically advanced. F urthermore, rules on e-commerce would widen the digital divide, 
thereby  further exclud ing developing countries and LDCs.   WT/COMTD/M/ 101 
 
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  136.  She noted with concern that, while there was no mandate for work to be undertaken on 
e - commerce rules or disciplines, some of the pr oposals under consideration had been drafted in 
these terms. Furthermore, there were elements that were outside the scope of the Marrakesh 
Agreement, some which went beyond the current mandate on e -commerce, and some which went 
beyond the mandate of the CT D. Those going beyond the CTD’s mandate needed to be considered 
in relevant bodies such as the CTS or the TRIPS Council. Furthermore, some proposals had 
overlooked the importance of consumer protection and privacy, whilst others had duplicated the 
work of other international organizations that  had the full mandate over issues such as cybercrime 
and cyber security. Some proposals would affect Members’ schedules of goods and services 
commitments , while in a number of cases the objectives and the problems to b e addressed were 
not clearly specified. She called on the proponents to revise their proposals so as to be in line with 
the 1998 Work Programme. She also stressed the need to continue discussions based on the 
current mandate, focusing on the development di mension. In addition to the exchange of 
information, she believed that Members needed to consider concrete ways to bridge the digital 
divide.  
137.  The representative of Nigeria  said that the paradigm shift to e-commerce in business 
transactions provided signifi cant benefits, including with respect  to market expansion, customer 
services improvement s, and productivity enhancement. He noted that e -commerce in Nigeria was 
growing at an estimated annual rate of 25% , and underscored the importance of digital technolog y 
for Nigeria’s economic diversification . His delegation, as part of the FED, was actively participating 
in a number of activities related to e -commerce. Nigeria was also a co -sponsor of document 
JOB/DEV/43.  He went on to say that, according to various ana lyses, the most fundamental areas 
to address in order to unleash the potential of developing countries in digital trade concerned 
infrastructure, trade logistics and facilitation, and electronic payments. He believed that Members 
needed to address the bott lenecks that developing countries faced, including with regard to 
payment methods, financial technologies, trade finance, financial inclusion, logistics and customs 
requirements. In closing, he stressed the importance of examin ing the costs and benefits of  both 
action and inaction on e-commerce at the WTO . He believed that Members needed to consider 
taking  a forward -looking approach that could lead to a concrete outcome  at MC11, beyond the 
1998 Work Programme . He also drew Members' attention to UNCTAD's E -Commerce Week, which 
would he held on 24 -28 April 2017.  
138.  The representative of Bangladesh  observed that, while  e-commerce could  contribute  to 
inclusive  trade, it was essential  for all countries to have the necessary internet facilities and other 
related infr astructure  in place . His delegation looked forward to having discussions on the issues 
entrusted to the CTD under paragraph 5.1 of the 1998 Work Programme .  
139.  The representative of Singapore  said that the digital divide was a real and persisting 
problem . The lack of i nfrastructure and  an enabling regulatory framework continued to impede the 
development of e-commerce in some countries. The view of his delegation was that the 
development dimension of e-commerce had to go beyond hard infrastructure . It was neces sary to 
also address issues relating to soft infrastructure , such as regulatory frameworks , as this would 
also be conducive to the development of e-commerce , while generat ing inclusive economic growth. 
With regard to the way forward on e -commerce , he belie ved that the WTO might not be able to 
provide the hard infrastructure needed for basic internet connectivity, or access to power supply. 
However, it could serve as  a platform to discuss best practices and encourage information 
exchange on enabling regulato ry frameworks that could potentially narrow the digital divide and 
help enhance the participation of developing countries and LDCs in e-commerce. Much of this could 
take place through the regular work of the WTO, including discussions on e-commerce in 
Members' TPRs, transparency notifications on related -measures in the CTS, and discussions on e-
commerce chapters on RTAs in the CRTA. He also encouraged Member -driven initiatives, such as 
the seminar on e-payments and financial inclusion that had been held  on 13 March 2017 .  
140.  He went on to share some of Singapore's experiences with e -commerce, particularly with 
regard to MSMEs. He said that the approach taken by Singapore was to put in place the right legal 
and policy frameworks that would support the participat ion of MSMEs in e-commerce. He gave the 
example of MSMEs in the food manufacturing industry in Singapore. Thanks to e-commerce, this 
sector was thriving, and Singapore's MSMEs were selling to China and  India, as well as to some 
African countries . This succ ess was due in part to the use of trade policy , which ensure d the 
predictability of trade rules and provide d confidence to MSMEs wishing to  venture into the 
overseas markets. A sound legal and policy framework had also played a key role in attracting WT/COMTD/M/ 101 
 
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  foreign e-commerce players to provide services in Singapore. The synergies between Singapore's 
local MSMEs and bigger e-commerce players had facilitated the development of a vibrant 
e - commerce environment, and had helped to foster innovation and growth.  He al so outlined a 
number of initiatives by the Government to help Singapore's MSMEs participate in e -commerce, 
including with regard to e -signatures , paperless trading , e-payments  and transparency . In closing, 
he invited Members to explore in which areas the W TO could contribute to leverag ing e-commerce 
as a tool for growth  and development.   
141.  The representative of Montenegro  said that the expansion of the digital economy would 
foster new opportunities for the promotion of inclusive economic growth – for example  by 
connecting rural and urban economies, opening new channels for landlocked countries' trade, and 
facilitating the participation of women and micro enterprises in the formal economy. She noted 
that her delegation was a co -sponsor of the proposal containe d in document JOB/DEV/42. The 
development dimension of e -commerce cut across the entire list of issues outlined in the proposal, 
and many topics were directly or indirectly framed to con tribute to the development of 
e - commerce. She indicated a particular  interest to discuss a limited set of concrete rules to 
facilitate electronic transactions, such as e-contracts, e -signatures and regulatory frameworks 
relating  to consumer protection and unsolicited messages. She added  that h er delegation looked 
forward t o drawing from the 13 March 2017 seminar on e-payments  and financial inclusion , and to 
working towards a tangible result on e -commerce at MC11.   
142.  The representative of China  said that her delegation appreciated the constraints faced by 
developing Members a nd LDCs in the use of e -commerce. This was why China believed that the 
development dimension needed to be at the centre of discussions on e-commerce. She called for 
pragmatic progress at the WTO on e -commerce, with priority given to the most important issu es. 
Her delegation would continue to engage on this matter .  
143.  The representative of the European Union  said that the proposal contained in document 
JOB/DEV/39/Rev.1 contained a number of interesting elements. He made reference to issues such 
as e-signatures , consumer protection, customs procedures and enhancing the participation of 
SMEs  in e-commerce.  He agreed with the proponents on the importance of providing greater 
clarity and certainty for the trading community, and in this regard highlighted the import ance of  
the moratorium on imposing custom duties  on electronic transmissions . He suggested that 
Members should focus on issues that would have the highest chance of being harvested, whilst 
avoiding contentious ones like those  relating to taxation policy. Turning to document JOB/DEV/43, 
he agreed on  the need to  address  the development aspects of e -commerce. He believed that 
further discussion w as required in order to close the digital divide. The EU remained open to 
consider ing any mechanism that could suppo rt the development of the necessary enabling 
environment to enhance participation in e -commerce.  With regard to document JOB/DEV/42, of 
which the EU was a co -sponsor, he indicated that the communication could be further refined to fit 
better with the CTD’s  terms of reference, thereby taking into account some Members’ concerns. 
While the communication was not a negotiating proposal, it nevertheless  contain ed a mapping of 
relevant issues at the intersection of trade and e-commerce. The objective was to allow Members  
to decide collectively which of these issues should be discussed. He went on to say that his 
delegation was interested in discussing concrete rules that would facilitate electronic transactions, 
including rules that would help create an environment  favourable to SMEs . These discussions could 
cover issues such as e -contract, e -signature, and regulatory  framework s relating  to consumer 
protection and spam. He concluded by indicating his delegation’s interest to participate in  
follow -up discussions on t he issues raised at the 13 March 2017 seminar on e-payments and 
financial inclusion.  
144.  The representative of South Africa  expressed support for the intervention by the African 
Group. She noted that the proposals under consideration had been submitted in lin e with 
paragraph 1.1. of the 1998 Work Programme and paragraph  1 of the Nairobi Decision on 
e - commerce. She also recalled t hat, according to the Work Programme, the CTD was to examine 
and report on the development implications of electronic commerce, tak ing into account the 
economic, financial and development needs of developing countries. Pointing to the digital divide 
and the uneven growth of e -commerce, she believed that the proposals needed to be refined and 
narrowed down in order to ensure a pertinen t discussion in the CTD, as per the Work Programme. 
Her delegation believed that a number of specific issues needed to be taken up for further 
examination. These included : (i) the challenges that developi ng countries faced in becoming 
e - commerce ready; ( ii) measurement challenges relating to  e-commerce and the need for WT/COMTD/M/ 101 
 
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  accurate data to engage in evidence -based policymaking; (iii) building the capabilities of 
developing countries and LDCs to participate in cross -border e-commerce; and (iv) the impact of 
e-commerce on Africa’s developmental objectives of industrial development, structural 
transformation and employment  – with a view to promoting trade,  development, and inclusive and 
equitable growth in the digital economy.  She believed that South Africa could  learn from other 
Members that had successfully developed their capabilities in the digital economy . Her delegation 
was particularly interested in specific government measures that had been used to support the 
development of e-commerce and the digital econ omy, and in this regard believed that there was 
potential in establishing strong links between industrial policy, infrastructure and skills 
development . Her delegation also wished to learn more about issues such as tax avoidance, 
market concentration, anti -competitive practices and the possible impact  on labour conditions, 
employment and industrial developmen t.  
145.  The representative of Egypt  supported the intervention  by South Africa, on behalf of the 
African Group . While noting the interest of many Members t o move forward with discussions on 
e - commerce, his delegation believed that it was  premature to  draw conclusions  on the 
implications of e -commerce for development and poverty alleviation. His delegation also wished to 
see engagement by Members in other a reas of work in the WTO, including with respect to S&D and 
agriculture. He went on to outline four main challenges facing developing countries and LDCs in 
the e -commerce area, which were: (i) insufficient  infrastructure; (ii) the lack of technology 
transfe r; (iii) the lack of regulatory framework s; and (iv) the absence of a multilateral 
understanding on e -commerce.  He noted that the CTD's mandate under the 1998 Work 
Programme was to examine and report on the development implications of e -commerce, taking 
into account the economic, financial and development needs of developing countries . In this 
regard , he suggested that the best way to proceed with discussions on e -commerce would be to 
tackle the most important problems first, including with respect to issue s relating to infrastructure 
and technology transfer. In closing, he noted that some of the proposals under consideration 
included elements which were outside the scope of the 1998 Work Programme , for example with 
regard to e -procurement . He invited the pr oponents to refine their proposals in order to make 
them comp atible with the Work Programme . 
146.  The representative of Rwanda  expressed support for the intervention s by a number of 
previous speakers,  including South Africa,  Cameroon, Uganda, Egypt and India. He said that, 
although e -commerce was on a rising trend across the world, the evidence showed that the big 
players were located in Europe, North America and in the Asia-Pacific  region. This meant that 
e - commerce had grown unevenly across the world.  He ela borated on several challenges that 
developing countries faced in making use of e -commerce, including with respect to connectivity, 
manufacturing capacity and the development of the services sector.  He also outlined the problems 
associated with defining wh at was an electronic transmission, and in this regard indicated that, 
until a clear definition was found, it would be difficult to consider making permanent the 
moratorium on customs duties . He also believed that it was premature to consider developing new  
rules on e -commerce, given that there were still many issues relating to e -commerce that needed 
to be clarified.   
147.  The representative of Cameroon  supported the intervention  by South Africa on behalf of the 
African Group , as well as the intervention by Rwanda. He emphasized the need for future 
discussions on e -commerce to be focused and informed . In this regard , he believed that it was 
important to  make clear the boundaries of the WTOs' work on e -commerce relative to the work of 
other organizations, and to ensure that discussions in the WTO took place within the framework of 
the 1998 Work Programme. He also stressed the importance of ensuring that all Members could 
benefit from e -commerce.        
148.  The Chairman  encouraged further engagement among Members in or der to explore possible 
ways forward  on e-commerce . He proposed that the Committee take note of all interventions , and 
also suggested that the item relating to the Work Programme on E -Commerce be reflected on the 
agenda of the next CTD meeting . 
149.  It was so agreed . WT/COMTD/M/ 101 
 
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  H. NOTIFICATIONS UNDER THE TRANSPARENCY MEC HANISM FOR PREFERENT IAL 
TRADE ARRANGEMENTS  
150.  The Chairman  said that  he wished to provide Members with a brief update on the 
preferential trade arrangements (PTAs) that were to be considered in Dedicated Sessions  of the 
CTD. He firstly informed the Committee that a new notification had been made under the 
Transparency Mechanism for PTAs since the last CTD meeting. This concerned the US' trade 
preferences for Nepal. The notification, of 20 January 2017, was circula ted in document 
WT/COMTD/N/52. The Secretariat would be able to begin the preparation of the factual 
presentation on this PTA after the US submitted its 2017 tariff schedule for integration into the 
Integrated Database. Turning to the other PTAs to be cons idered in Dedicated Sessions, he said 
that the Secretariat had still not received the full set of data or information required for the 
preparation of the factual presentations on the PTAs being implemented by China, India, the 
Russian Federation, Chinese T aipei and Thailand. He urged these Members to provide the 
necessary data and information as soon as possible . 
151.  The representative of China  said that his delegation attached great importance to the 
implementation of DFQF market access for LDCs . He informed t he Committee in this regard that 
China, as a developing Member, had been providing 97% DFQF access since 2015. It was hoped 
that this would help LDCs to fully achieve their trade potential, while promoting economic growth 
and sustainable development. With a view to increasing transparency in China's DFQF scheme,  his 
delegation had circulated a  notification in November 2016, providing updated  information on the 
scheme. His delegation was also working  to provide to the Secretariat the required data relating t o 
scheme. In closing, he urged Members, and especially developed Members , to fulfil their 
obligation s by provid ing increasingly greate r DFQF market access to LDCs.  
152.  The Committee took note  of the interventions .  
I. REVIEW OF STEPS TAKE N TO PROVIDE DUTY -FREE A ND QUOTA -FREE MARKET 
ACCESS TO LEAST DEVE LOPED COUNTRIES  
153.  The Chairman  said that an item concerning DFQF market access for LDCs ha d been on the 
CTD's agenda since early 2006. Under this item, delegations ha d provided information on the steps 
they were takin g, or ha d already taken, to provide DFQF market access to LDCs. Written 
communications by some Members ha d also been considered.  
154.  The representative of Cambodia, on behalf of the LDC Group , recalled that the Group had 
circulated in November 2016 a revised proposal containing the draft terms of reference for a 
clinical examination of DFQF implementation. The revised proposal, which was contained in 
document WT/COMTD/W/218/Rev.1, had been introduced by the delegation of Benin at the last 
CTD meeting. Although the LDC Group had  since held consultations with the key delegations that 
had expressed concern s, some Members were still sceptical about the clinical examination . With 
regard to the first section of the proposal, o ne Member had observed that the reference to the 
Hong Kong DFQF Decision  was prejudicial to its position on the Doha Development Agenda (DDA), 
and had suggested that th e reference could be omitted . This suggestion posed difficult ies for the 
LDC Group, as it erode d the foundational basis of the proposal. Further more, it ha d systemic 
implications for everything anchored in the DDA architecture that the LDCs ha d pursued , and 
continue d to pursue. She explained that  the reference to the Hong Kong Decision provided a 
historical background, and had not be en made in relation to future work on DFQF . With regard to 
the second section of the proposal, which addressed the scope and parameters of the clinical 
examination, she said that one Member had felt affected.  After several consultations with this  
Member, t he LDC Group had decided to make the parameters neutral, as laid out in the revised 
proposal . She additionally informed the Committee that no comments had been made on the third 
section of the proposal, concerning the approach, while the timetable for the study – contained in 
the fourth section  – had been re arranged . She went on to say that the LDC Group had 
demonstrated flexibility, and urged Members to show similar flexibility. It was observed in this 
regard that the Group was asking for a study, and not a decision. Furthermore, any 
recommendations from the study would need to be agreed to by consensus.  In this light, she 
called on Members to agree to the terms of reference for the clinical examination.  WT/COMTD/M/ 101 
 
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  155.  The representative of Uganda  expressed  support  for the intervention  by Cambodia on behalf 
of the LDC Group . With respect to the revised proposal, h e explained that it had not been possible 
to accommodate all the requests made by delegations during the consultations. In particular, the 
Group had decided to ma intain the reference to the Hong Kong Decision, as it was felt that this 
Decision provided the appropriate background and mandate. Furthermore, it had systemic 
implications for all LDC specific issues, including cotton, preferential rules of origin and the  services 
waiver. He questioned the suggestion that no references could be made to the DDA, noting in 
particular that this had further implications, for example with respect to the implementation of the 
Ministerial Decisions from the Bali and Nairobi Minis terial Conferences. He also observed that the 
proposed clinical examination was not about the future, but rather about how DFQF had been 
implemented in the past. Any recommendations resulting from the study would have to be agreed 
to by consensus in the CT D.4 
156.  The representative of the United States  recalled that, in past meetings, her delegation had 
reported the expansion of DFQF benefits for LDC s under the US' G eneralized System of 
Preferences scheme, as well as under the African Growth and Opportunity Act . She also informed 
the Committee that, on 30 December 2016, the US had begun implementing a new set of 
preferential trade benefits for Nepal. These benefits were in addition to the benefits already 
provided under the GSP scheme. The preferences, which wer e developed in response to the 
devastating earthquake in 2015, provided duty -free treatment for 66 tariff lines. The covered 
goods were classified in Chapters 42, 57, 61, 62, 63, and 65 of the Harmonized System.  A link to 
the full list of covered products  could be found in the US' notification of the preference 
programme. Th ese improvement s demonstrated that the US had faithfully implemented the Bali 
Decision to improve existing DFQF coverage for products originating from LDCs, so as to provide 
increasingl y greater market access to LDCs. As Members were aware, the US' preference 
program mes for LDCs were authorized by the US Congress. She additionally noted that reference 
had been made at the present meeting to the LDC Group's proposal on the terms of refere nce for 
a clinical examination of DFQF implementation. In this regard, she recalled that her delegation had 
previously  raised concerns on the proposal, including the revised version  considered at the last 
CTD meeting . In closing, she indicated that her del egation looked forward to continuing to work 
with the LDCs to determine whether a way forward on this issue m ight be possible.  
157.  The representative of Canada  recalled some of the points that her delegation had previously 
made with respect to the proposal fro m the LDC Group. She said that any terms of reference for a 
Secretariat study needed to be objective and allow for a factual examination of DFQF market 
access for LDCs.  In this regard, she noted that the revised submission continued to include some 
subject ive elements. She also emphasized that the content of the proposed study should not 
duplicat e information that was already available  in existing Secretariat documents . 
158.  The representative of Cambodia, on behalf of the LDC Group , welcomed the update provided  
by China on its DFQF scheme for LDCs . He also indicated that the LDC Group would work to 
address Members'  concerns regarding the proposal  for a clinical examination . 
159.  The Chairman  encouraged continued engagement among Members in order to find a way 
forward  on the issues  raised .  
160.  The Committee  took note  of all interventions . 
J. ELECTION OF THE CHAI RPERSON OF THE SUB -COMMITTEE ON LEAST D EVELOPED 
COUNTRIES  
K. ELECTION OF THE CHAI RPERSON OF THE COMMI TTEE ON TRADE AND 
DEVELOPMENT  
161.  The Chairman  indicated  that he wished to address agenda items J and K together. He said 
that, further to the General Council meeting of 27 February 2017, consensus had still not been 
reached on the slate of names to serve as Chairpersons of WTO bodies. In light of th is situation, it 
was not po ssible for the Committee to formally elect the new Chairperson of the CTD at the 
                                                
4 The points in this paragraph , relating to the revised proposal by the LDC Group, were made by Uganda 
at the 100th Session . They are reflected  once again  in the minute s of this meeting at the request of the 
delegation of Uganda.  WT/COMTD/M/ 101 
 
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  present meeting, as was normally the case at the first meeting of the year. When consensus 
emerged on the slate of names, the CTD would be convened with the purpose of  formall y elect ing 
its new Chairperson. He next turned to the matter of the electio n of the Chairperson of the 
Sub - Committee on LDCs, which he recalled traditionally  fell within the purview of the CTD. He 
informed the Committee that some consultations had been h eld in this regard , and the name that 
had emerg ed was that of the incoming Ambassador of the Netherlands, Ms. Monique van Daalen. 
However, given  the current situation regarding the slate of names, it was his understanding that a 
number of delegations prefe rred waiting for the overall  situation to be unblocked before the CTD 
formally elected the new Chairperson of the Sub -Committee. Therefore, when the Committee met 
to elect the new CTD Chairperson, the Chairperson of the Sub -Committee would be elected at th e 
same meeting.  
162.  The Committee took note  of the Chairman's intervention.   
L. OTHER BUSINESS  
163.  The representative of Guatemala  recalled that , at the 101st Session on 27 January 2017 , 
Members had considered  the external evaluation of the WTO's TA, as well as the WTO 
management response. After that meeting, s everal Members  had discussed possible ways forward, 
and had agreed to set up an  informal group  to work with  the Secretariat in its efforts to  implement 
the recommendations from the evaluation . She said that the  group was open to all Members. 
Delegations  interested in participating in the group were invited to contact either her delegation or 
the Secretariat.  
164.  The representative of Japan  expressed his  delegation's interest to participate in the informal 
group. He also informed the Committee that Japan had recently contributed CHF 200,000 to the 
DDAGTF .  
165.  The representative of Cameroon  said that, during  the discussion on the external evaluation 
on 27 January, his delegation was among those that had indicated an inter est to have further 
discussions on the matter.  He believed that  the establishment of the informal group would be 
useful in this regard . 
166.  The representative of the European Union  welcomed the initiative by Guatemala, and 
indicated her delegation's willingnes s to participate in the informal group. She encouraged other 
Members to participate  as well .  
167.  The representative of Nigeria  indicated  that his delegation  remained interested in the 
follow  - up to the external evaluation, and therefore wished to be part of the informal group.  
168.  The representative of Chile said that the President of Chile would visit the WTO on 
29 March  2017. A special meeting was being held for this purpose , at which the President would 
address  the theme of multilateralism, free trade and the  role of the WTO. He invited all delegations 
to attend.   
169.  The Chairman  said that  he wished to raise a matter  concerning the CTD's mandate to keep 
under continuous review the participation of developing country Members in the multilateral 
trading system. It had been the CTD's practice to hold a discussion on this subject every two years 
or so. On previous occasions when this item was placed on the CTD's agenda , the Secretariat had  
updated its statistical background paper on the participation of developing eco nomies in global 
trade , in order to assist Members in their discussion . The last such paper by the Secretariat was 
circulated in November 2015, in document WT/COMTD/W/212. He propose d that the Secretariat 
begin preparation of an update to this document, wh ich would be discussed in the CTD after it was 
finalized in the second half of the year.  
170.  It was so agreed .  
171.  The meeting was adjourned . 
 
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