TN/C/W/72  
 
24 November 2015  
(15-6218)  Page: 1/2  
Trade Negotiations Committee  Original: English  
 
 
THE IMPLEMENTATION OF PREFERENTIAL TREATMENT IN FAVOR OF LDC SERVICES 
SUPPLIERS AND INCREASING LDC PARTICIPATION SERVICES TRADE 
DRAFT MINISTERIAL DECISION OF [ ] DECEMBER 2015  
The following communication, dated 20 November 2015, is being circulated at the request of the 
delegation of Bangladesh on behalf of the LDC Group.  
 
_______________ 
 
The Ministerial Conference, 
Having regard  to paragraph 1 of Article IX of the Ma rrakesh Agreement Establishing the World 
Trade Organization; 
 Affirming  the General Agreement on Trade in Services (GATS) Article IV.3, Modalities for the 
Special Treatment for Least-Developed Country Members in the Negotiations on Trade in Services, 
Hong Kong Ministerial Declaration paragraph 26 and Annex C paragraph 9, and the Decision on Preferential Treatment to Services and Service Su ppliers of Least-Developed Countries (WT/L/847) 
("LDC Services Waiver") agre ed at our Eighth Session; 
 Acknowledging  the important work undertaken by least-developed countries (LDCs) to identify 
sectors and modes of supply of particular export interest to them in developing the LDC Collective 
Request (S/C/W/356, Corr. 1 and Corr.2) ("LD C Services Waiver Collective Request"); 
 
Recognizing  the efforts made by Members in notifying services trade preferences for LDC services 
and service suppliers, in accordance with paragraphs 1 and 2 of the LDC Services Waiver decision; 
 
Mindful  that the duration of the LDC Services Waiver decision has depleted by three years before 
notifications specifying preferential treatment and invoking the waiver could be submitted; 
 
Welcoming  the approval of notifications that included preferential treatment beyond GATS Article 
XVI by the Council for Trade in Services in accordance with paragraph 2 of the LDC Services 
Waiver; 
 Further recognizing  that additional guidance may be needed to clarify the definition of preferential 
treatment under paragraph 1 of the LDC Services Waiver decision; 
Noting  the need to strengthen the domestic service su pply capacity in LDCs with a view to helping 
them make best use of opportunities, includ ing through preferences afforded to them; 
Building  on the Decision on Operationalization of th e Waiver Concerning Preferential Treatment to 
Services and Service Suppliers of Least-Developed Countries (WT/L/918); TN/C/W/72 
 
- 2 - 
 
  Decides  as follows: 
1.1.  The duration found in paragraph 7 of that de cision shall be deemed to be 15 years from the 
date of the notification by that Member. 
1.2.  Developed and developing country Members, in a position to do so, that have not notified 
specific preferences to LDC services and servic e suppliers under the LDC Services Waiver are 
urged to redouble efforts to promptly notify preferences with commercial value and those that promote economic benefits to LDCs. 
1.3.  Preferential treatment shall include the re moval of restrictions, and/or the provision of, 
special access or procedures, in favor of LDC suppliers over non-LDC suppliers, unless the preference is accorded to LDCs drawn from other pre-existing or future preferential arrangements. 
In this regard, where appropriate, Members having notified are also encouraged to make use of 
the supplemental notification procedure allowed fo r under paragraph 2 of the LDC Services Waiver 
decision in order to further specify the preferences they intend to accord to LDCs. 
1.4.  Further to paragraph 1 of the LDC Services Waiver decision, where Members invoke the LDC 
Services Waiver Decision to provide LDC service su ppliers preferential treatment based on existing 
commitments, or from their applied regimes, that contain restrictions, Members are encouraged to remove such restrictions for LDCs in order to demonstrate clear preferential treatment for LDCs 
compared to treatment for suppliers from all other Members for whom the restriction is 
maintained. 
1.5.  Members in a position to provide preferences shall include reduction of administrative 
procedures and reduction of fees for visas, work permits, resident permits and licenses in favor of 
LDC contractual service suppliers and independent professionals in accordance with the section B of the LDC collective request. 
1.6.  Members shall facilitate the recognition of qualification of LDC professionals and accreditation 
of LDC institutions in accordance with the section C of the LDC collective request, including signing 
of mutual recognition agreements as well as technical assistance and capacity building. 
1.7.  With a view to further increasing LDC participation in trade in services and to complement 
notification of preferential treatment under the LD C Services Waiver, specific technical assistance 
and capacity building measures shall be under taken by the Members to orient LDC service 
suppliers on the preference benefits available so  that such suppliers can utilize the preferences 
granted. Specific measures may also include, among others, access to services technology for LDC 
services suppliers that will enhance their capacity in the supply of services, in accordance with the 
objectives found in GATS Article IV.1 (a) and 2(c). 
1.8.  In negotiations pursuant to GATS Article VI.4 or related negotiations, Members shall give 
priority attention to addressing regulatory barriers that impact LDC services trade and LDC 
services suppliers. 
1.9.   Operationalization of the LDC Service Waiver shall remain a standing agenda item of the 
Council for Trade in Services. Where a Member notifies measures beyond those described in GATS 
Article XVI, the Council for Trade in Services shall expeditiously convene a meeting to approve the measures in accordance with the LDC Services Wa iver decision. The WTO Secretariat shall prepare 
a report every two years on the preferences exte nded by notifying Members to LDCs and present 
its report to the Council for Trade in Services for Members' consideration. The Council for Trade in Services shall make any appropriate recommendations on steps that might be taken towards enhancing the operationalization of LDCs service waiver. 
__________