WT/MIN(17)/40  
 
11 December 2017  
(17-6798) Page: 1/6 
Ministerial Conference  
Eleventh Session  
Buenos Aires, 10 -13 December 2017  Original: English  
 
LDC TRADE MINISTERS'  MEETING   
BUENOS AIRES, ARGENT INA, 9 DECEMBER 2017  
LDC MINISTERIAL DECL ARATION  
The following communication, dated 10 December 2017, is being circulated at the request of the 
delegation of Cambodia on behalf of the LDC Group . 
 
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We, the Ministers of the Least Developed Countries,  
 
Meeting in Buenos Aires on December 9, 2017 on the eve of the Eleve nth Session of the WTO 
Ministerial Conference (MC11);  
 
Expressing gratitude to the Government of the Republic of Argentina for excellent arrangement 
and hospitality extended to us as host;  
 
Determined  to maintain the integrity of the WTO as the premier ru les-based fair and equitable 
multilateral trade institution, as enshrined in the WTO Marrakech Agreement;  
 
Recalling the commitments made by Ministers at Marrakech in 1994, all of the previous sessions of 
the WTO Ministerial  Conference,  "the July 2004 Fram ework ", as well as by the international 
community at the Fourth UN  Conference on Least -Developed Countries in Istanbul in 2011, to 
assist Least -Developed Countries (LDCs) to secure beneficial and meaningful gains from the 
multilateral trading system and th e global e conomy;  
 
Reaffirming  all our Declarations, in particular  most recently at Nairobi during the Tenth WTO  
Ministerial Conference in 2015;  
 
Emphasizing strongly that development and special and differential treatment for developing 
countries, in particular  LDCs, is central and crucial for the credibility and efficiency of the 
multilateral trading system with a view to promote industrialization, structural transformation, 
economic diversification;  
 
Expressing  serious concern with the lack of full i mplementation of LDC -specific Decisions and 
Declarations and as a result LDCs remain vulnerable, and continue to face supply side constraints 
and structural difficulties in the global economy, negating their ability to gain the maximum 
benefits of the mult ilateral trading system;  
 
Further recalling  that both the 2030 Agenda for Sustainable Development and Istanbul Programme 
of Action set a target for doubling the share of LDCs in global export from 1% to 2% by 2020;  and 
concerned  that despite the rising sha re of LDCs ' in global exports during the period between 2010 
and 2013, that  share started declining since 2014 from 1.07% to 0.91% in 2016;  
 
Reaffirming our determination to complete the Doha Development Agenda (DDA) as has been 
endorsed by our Leaders in Sustainable  Development Goal (SDG) 17.10, and also reaffirming  the 
negotiating DDA mandate on fisheries subsidies disciplines in line with SDG 14.6 with effective 
special and differential treatment for developing countries and LDCs;  WT/MIN(17)/40  
 
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Welcoming  the entry in to force of the Trade Facilitation Agreement that was negotiated pursuant 
to the mandate of the DDA;  
 
Welcoming  the entry into force of the TRIPS and Public Health Paragraph 6 Amendment;  
 
Recognizing the importance of enhanced market access, increased trading opportunities, and 
well-targeted, sustainably financed technical assistance and capacity -building programmes in 
favour of LDCs to meet our  development objectives;  
 
Recognizing the serious difficulties of acceding LDCs in concluding their accession and  taking 
commitments in view of their special economic situation and their individual development, 
financial, and trade needs and the need for speedy accession process;  
 
Further recognizing the special  needs in favour of post -acceded LDCs to address the  impact of the 
accession process; and  
 
Noting  the importance of taking positive measures in favour of graduated LDCs in addressing the 
challenges resulting from graduation;  
Hereby declare the following:  
 
1  REMAINING AREAS OF T HE DOHA DEVELOPMENT AGENDA (DDA)  
1.1  Agriculture  
1.1.  Certain forms of domestic supports continue to distort prices of agricultural products,  thereby 
excluding LDC producers from the international market, also causing unfair competition in local 
and regional markets. LDCs are affected by domestic supports in all key markets where they  are 
applied. As commodity prices continue to decline from record levels, it is important and urgent to 
address the impact of trade distortions resulting from these domestic support policies.  
1.2.  We call for elimination of  all forms of trade distorting domestic supports, including Aggregate 
Measurement of Support (AMS) entitlements and limit product -specific supports; and call for a 
review of green box criteria to discipline such supports in order to have no or minimal trad e 
distorting effects. LDCs shall not be required to undertake any reduction commitments.   
1.3.  Regarding Bali and Nairobi Decisions on public stockholding for food security purposes, and 
noting that the scope of the interim mechanism established in Bali covers  only existing programs, 
a permanent solution shall include future programmes and take into account the needs of LDCs 
that do not yet have public stockholding programs.  
1.4.  The Nairobi Decisions on agriculture, as the decisions of highest decision -making body of the 
WTO, are to be implemented and made enforceable. Towards this end, the LDC group request 
Members to implement the Decisions on export competition in letter and spirit.  
1.2  Cotton Domestic Supports  
1.5.  We call upon WTO Members to agree at MC11 to eliminate d omestic supports on cotton in 
line with the mandates agreed by Ministers in Hong Kong, Bali, and Nairobi to ambitiously, 
expeditiously and specifically and to achieve concrete, tangible, and measurable decisions on 
cotton independently from progress in the  overall agriculture negotiations at MC11.Any outcome at 
MC11 must include concrete and measurable deliverables on cotton.  
1.3  Special and Differential Treatment for LDCs  
1.6.  The principle of special and differential treatment shall be an integral part of all futu re 
negotiations and outcomes to be operationally effective and to enable developing countries, in 
particular LDCs to effectively address our development needs and enhance our share in 
international trade.  WT/MIN(17)/40  
 
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  1.7.  We remain engaged to ensure that the Doha  mandate on special and differential treatment  
provisions of existing WTO Agreements is fulfilled with a view to strengthening and making them 
more precise, effective and operational.  
1.8.  In this regard, we affirm that the G90 proposal in JOB/DEV/48 is crucial for str uctural 
transformation and industrialization, increasing the productive capacity in developing countries and 
LDCs with a view to enhancing the capacity to participate effectively in upper rungs of regional and 
global value chains thereby facilitating our p articipation in the multilateral trading system.  
1.9.  We therefore, call on Members to adopt the decision on agreement specific proposals 
submitted by G90 at this Ministerial Conference (JOB/GC/160; JOB/TNC/65)  
1.4  Disciplines on Fisheries S ubsidies  
1.10.   We support mul tilateral negotiations and agreement on fisheries subsidies disciplines that 
prohibit certain forms of fisheries subsidies that contribute to illegal, unreported and unregulated 
fishing (IUU), overfishing and overcapacity including effective and operationa l special and 
differential treatment, in accordance with the Doha and Hong Kong Ministerial mandates,  and 
SDG 14.6. 
1.11.   We, therefore , call for an agreement on disciplines in Buenos Aires that exclude inland 
fisheries and aquaculture.  
1.5  Services Domestic Regulat ions 
1.12.   We recall that LDCs are not demandeurs of negotiations on domestic regulation s disciplines 
under Article VI.4 of General Agreement on Trade in Services (GATS).  Negotiations on any 
necessary disciplines must be within the scope and coverage of the Art icle VI.4 mandate.   
1.13.   In addition, any necessary future disci plines that all Members agree  in any future 
negotiations must avoid intrusion into internal policy making processes, shall preserve the right to 
regulate of Members, and not hinder the regulatory capacity and policy space for development 
driven regulations by Members; and LDCs shall be exempt from undertaking any commitments.  
1.14.   Any future disciplines must help to create export trading opportunities for LDCs service 
suppliers taking into account eleme nts of the LDC Services Waiver Collective Request, namely 
reduction of fees, paperwork, and onerous procedures and requirements for: visas, work permits, 
and residence permits, and facilitation of creating a better enabling environment for recognition of 
LDC institutions, degrees and qualification.  Post -graduation flexibility shall be part of any future 
disciplines.  
2  IMPLEMENTATION OF DE CISIONS IN FAVOUR OF  LDCS  
2.1.  We have assessed the status of implementation of all the decisions taken in favour of LDCs at 
all previous WTO ministerial conferences such as those concerning duty -free, quota free market 
access, preferential rules of origin, services waiver, and cotton.  We found that implementation has 
taken place with mixed results. We therefore call upon Members  to fully implement the spirit and 
letter of these decisions.   
3  OTHER AREAS OF PRIOR ITY FOR LDCS  
3.1  Accessions  
3.1.  We welcome the membership of Afghanistan and Liberia since the last Ministerial Conference.  
Despite the rigorous work of acceding LDCs, no LDC coul d accede by MC11.  We therefore call on 
Members to fully implement the 2002 LDC Accession Guidelines and 2012 General Council Decision 
"Addendum I, " as the accession instruments for LDCs. We call on Members to refrain from seeking 
concessions and commitmen ts beyond the benchmarks set for an average tariff binding on goods 
and market access opening for services stipulated in Addendum I.  WT/MIN(17)/40  
 
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  3.2.  We further request that acceding LDCs receive assistance for capacity building and adequate 
technical assistance to ensure their integration into the multilateral trading system.  
3.2  Recently Acceded LDCs  
3.3.  Special attention must be given to recently acceded LDCs concerning the difficulties they face 
in their endeavour to smoothly integrate into the multilateral trading system.  The refore, we call 
upon WTO Members and development partners to appreciate their particular status and provide 
targeted technical assistance and capacity building to enable them to realize their respective rights 
and obligations, including implementing commit ments.  
3.3  Positive Actions for LDCs on Graduation  
3.4.  We request that development and trading partners to extend to the graduated country, trade 
preferences previously made available as a result of LDC  status, or reducing them in a phased 
manner in order to avoi d their abrupt reduction . We further invite all WTO Members to extend to a 
graduated country the existing special and differential treatment related to implementation of the 
WTO agreements available to LDCs for a period appropriate to the development situa tion of that 
country . 
3.5.  We also call upon WTO Members to include in the agreement on fisheries subsidies a 
provision that i n the case of LDCs having graduated from LDC status during any transition period 
for LDCs, these Members are entitled to utilise the remaining period of delay provided for LDCs.  
3.6.  We further call upon Members to agree that graduation from least developed country status, 
former least developed countries shall be deemed listed among developing countries identified 
pursuant to Annex VII (b) to the Agreement on Subsidies and Countervailing Measures in 
accordance with those procedures and paragraphs 10.1 and 10.4 of the Doha Ministerial Decision 
on Implementation -Related Issues and Concerns (document WT/MIN (01)/17).  
3.4  Trade -Related Intellectual Property Rights (TRIPS) Agreement – Article 66.2  
3.7.  We request that Members in the TRIPS Council deliberate and come to a decision in favour of 
LDCs that pursuant to TRIPS 66.2, developed country Members shall only specify incentives 
provided to least-develop ed countries for technology transfer. We further request that the TRIPS 
Council deliberate on the meaning of "incentives  to enterprises and institutions " found in Article 
66.2 and possible  ways to providing incentives by developed country Members to their enterprises 
and institutions order to meaningfully implement the letter and spirit of that provision.  
3.5  Non-tariff Barriers  
3.8.  Sanitary and phytosanitary (SPS) and technical barriers to trade (TBT) measures, including 
private standards, are of great concern fo r access of LDC exports.  We therefore urge developed 
country Members to provide financial and technical assistance to enable LDCs to comply with 
measures introduced and maintained by them.    
3.9.  We urge Members to respond to LDC concerns and therefore call f or a report by the next 
session on all steps taken that represents concrete a nd effective measures taken by M embers to 
provide technical and financial assistance to LDCs to their legal and technical capacity to comply 
with SPS and TBT provisions.     
4  STAND ING AGENDA ITEM DECI SIONS FOR MC11  
4.1  Electronic Commerce  
4.1.  We request Members to assess the work done so far under the 1998 work programme on e -
commerce, taking into account the actual needs of LDCs in terms of the digital divide, lack of 
regulation, lack of infrastructure, including lack of energy, electricity, internet penetration, and 
connectivity.  Towards this end we support the continuation of the 1998 work programme on 
electronic commerce.  WT/MIN(17)/40  
 
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  4.2.  We urge M embers to examine issues of the digital divide and the ability of LDC suppliers to 
participate fairly in, and establish their own, e -commerce platforms in order to directly trade their 
goods and services.  We also call on developed country Members to provide preferential market  
access to all business to -consume r goods and services originating from all LDCs that are exported 
using an e -commerce - platform directly from LDCs suppliers.  
4.2  TRIPS Non -Violation Situation Complaints Moratorium  
4.3.  We urge Ministers to agree at MC11 on a permanent moratorium on the application  of GATT 
1994, Article XXIII subparagraphs 1(b) and 1(c) on non -violation and situation complaints to the 
TRIPS Agreement.  
5  REGULAR WORK  
5.1  Trade Facilitation Agreement  
5.1.  We welcome the coming into force, since 22 February, of the Trade Facilitation Agreement 
(TFA). We take note of the inbuilt special and differential treatment mechanism and the flexibility 
under the Section 2 of the Agreement, and caution that there are several challenges for LDCs to 
implement the agreement primarily due to capacity constraints in financial, technical and 
regulatory areas. Therefore, developed country Members and development partners must  
implement their commitments to  provide financial and technical support to LDCs to enable 
implementation of the agreement, consistent with the l etter and spirit of the TFA.  Assistance must 
not be diverted from support provided in other priority areas of LDCs.   
5.2  Enhanced Integrated Framework  
5.2.  We recognize substantial contribution of the Enhanced Integrated Framework (EIF) in 
supporting LDCs ' effort s to integrate into the multilateral trading system and to build their trade 
related capacity towards achieving their development objectives and Sustainable Development 
Goals.  
5.3.  We urge the EIF donors - existing and potential - to provide additional financia l and technical 
support in a predictable way so that the EIF could meet its funding target for the Phase II of the 
programme needed to enhance the institutional and productive capacity of the LDC and in line with 
the principle of leaving no LDC behind.  
5.3  Aid for Trade (AfT)  
5.4.  We are pleased that WTO continues to prioritize Aid for Trade and applaud the results of the 
sixth Global review this year. We underline the importance of aid for trade initiatives in trade 
related capacity building, addressing supply s ide constraints, infrastructure development and 
facilitating integration of LDC economies in regional and global trade. Towards that end, we urge 
development partners to accord priority attention to LDC projects , and ensure that aid for trade 
will be avail able for projects identified by recipient governments.  
5.5.  Aid for Trade should be needs based, predictable and should not lead to diversion of support 
from other priority projects that LDCs require.  
5.4  TRIPS and Public Health Paragraph 6 Amendments  
5.6.  We welcome  the entry into force of the TRIPS and Public Health Declaration Amendment to 
TRIPS Paragraph 31 and urge Members to find ways to ensure that LDCs develop manufacturing 
capacity and guaranteed access to life saving medicines to promote public health.  
5.7.  We also  welcome the extension the 31 December 2019 of the deadline for the acceptation of 
the TRIPS protocol by the TRIPS council.  WT/MIN(17)/40  
 
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  6  NEW ISSUES AND PARAG RAPH 34 OF THE NAIRO BI MINISTERIAL DECLA RATION  
6.1.  We stress  the need to assess the development impact of any new is sues prior to commencing  
negotiations.  We also stress that discussions on any so -called new issues are conducted for 
exploratory purposes only in appropriate consultative formats.  
6.2.  The conclusions  and recommendations to be derived from these discussions mu st respect the 
decision -making procedures of the WTO and be in accordance with Paragraph 34 of the Nairobi 
Ministerial Declaration. In any event, we reaffirm Paragraph 1(g) of the July framework with the 
view to concluding the remaining elements of the Doh a Development Agenda.  
6.3.  Proponents  of new issues should present the issues in a manner to clearly demonstrate 
development aspects and must be approved in accordance with the WTO 's mandate as the forum 
for multilateral trade negotiations only for decision by the Ministerial Conference pursuant to 
Article III.2 of the Marrakesh Agreement, and their relevance to the interests of LDCs.  
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