RESTRICTED  
  
WT/MIN(17)/18  
 
6 December 2017  
(17-6710) Page: 1/4 
Ministerial Conference  
Eleventh Session  
Buenos Aires, 10-13 December 2017  Original: English  
 
 
 
DRAFT MINISTERIAL DECISION ON ELECTRONIC COMMERCE  
 
MAIN POINTS OF THE TEXTUAL PROPOSALS  
COMMUNICATION FROM J APAN1 
This compilation of  main points is intended to serve  as a tool to facilitate discussion of the 
proposals , and is not intended to cover all elements  in the textual proposals. The main points 
include d here have been taken from  the following proposals . 
 
JOB/GC/137: the Russian Federation  
JOB/GC/140/Rev. 5: Aust ralia, Canada, Chile, Colombia, the European Union,  Israel,  the Republic 
of Korea, Mexico, Montenegro, New Zealand, Norway, Paraguay , Peru  and Ukraine  
JOB/GC/149 /Rev.1 : Singapore , Panama, Qatar, and Lao PDR  
JOB/GC/150: China  
JOB/GC/152 /Rev.1 : Bangladesh  
JOB/GC/153: India  
JOB/GC/155: The African Group  
JOB/GC/156 /Rev.1 : Costa Rica, Hong Kong, China, Japan , Switzerland and  the Separate Customs 
Territory of Taiwan, Penghu, Kinmen and Matsu  
 
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1 This document was previously issued as RD/GC/7.  WT/MIN(17)/18  
 
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  MAIN POINTS  
 
Items listed are not necessarily mutually exclusive.  
 
1. Continuation of the 1998 Work  Programme  - New mandate  
- Existing mandate in accordance with the Work Programme of 1998  
- New mandate to prepare for and carry out negotiations  
 
2. How to structure the work  
- "bottom -up approach" (Continuation of the work in the relevant/respective WTO 
bodies)  
- Horizontal locus (Establishment/institutionalization of a functional horizontal locus)  
- Establishment of a working group/party  
- Institutionalization of the Dedicated Discussion  
 
3. Topic s to be discussed  
- Assessment of clarification and necessity of rules  
- Assessment of the needs of developing countries  
- Discussion on a wide variety of other issues  
 
4. Time frame for reports and recommendations for action  
- Periodic reports for review by the General Council  
- Recommendations for action:  
- at MC12  
- at the first General Council in 2019  
 
5. Customs duties moratorium  
6. Other ideas  
 
 
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  WT/MIN(17)/18  
 
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  Notes  
1. Continuation of the 1998 Work Programme  - New Mandate  
Most of the proposals apparently support continuation of discussion under the existing mandate in 
accordance with the Work Programme of 1998. On the other hand, JOB/GC/140/Rev.5 proposes 
that the Ministerial Conference give the newly establi shed Working Party a new mandate to 
conduct preparations for and carry out negotiations "building upon the Work Programme of 1998." 
It is unclear if JOB/GC/140/Rev.5 allows discussion under the existing mandate in accordance with 
the Work Programme of 1998 . 
 
2. How to structure the work  
There are roughly two types of ideas on this issue. One type is to continue the work in the relevant 
bodies. The other is to establish and take advantage of a horizontal locus.  
 
2.1 "bottom -up approach" (Continuation of the  work in the relevant/respective WTO 
bodies)  
JOB/GC/153 and JOB/GC/155 emphasize continuation of work in the four relevant bodies, namely 
CTS, CTG, Council for TRIPS and CTD, based on paragraphs 2 to 5 of the Work Programme of 
1998. Similarly to JOB/GC/153  and JOB/GC/155, JOB/GC/152/Rev.1 suggests continuation of work 
in the four relevant bodies. The difference between JOB/GC/152/Rev.1 and the other two 
proposals is that JOB/ GC/152/Rev.1 requires the four relevant bodies to conclude the discussions 
based o n paragraphs 2 to 5 of the Work Programme and report to the General Council in July 2018 
with any appropriate recommendations for their future actions. On the other hand, 
JOB/GC/149/Rev.1 and JOB/GC/150 adopt continuation of work in the respective WTO bodi es, 
which may include the General Council, under the whole Work Programme. JOB/GC/137, 
JOB/GC/140/Rev.5 and JOB/GC/156/Rev.1 do not make any mention of work in the relevant 
bodies.  
 
2.2 Horizontal locus (Establishment/institutionalization of a functional h orizontal 
locus)  
A number of the proposals, JOB/GC/137, JOB/GC/140/Rev.5, JOB/GC/149/Rev.1, JOB/GC/150 and 
JOB/GC/156/Rev.1, suggest establishment/institutionalization of a functional horizontal locus with 
a chairperson, but these proposals can be roughly categorized into two types. One is to establish a 
new working group/party, which is suggested by JOB/GC/137, JOB/GC/140/Rev.5 and 
JOB/GC/156/Rev.1. JOB/GC/137 suggests establishing a Working Group to perform such functions 
as may be necessary to ensure eff icient continuation of work on e -commerce issues, while 
JOB/GC/140/Rev.5 and JOB/GC/156/Rev.1 suggest establishing a Working Party/Group that would 
be allocated certain missions. The other is to institutionalize the Dedicated Discussion, which had 
function ed as a major forum for discussion on electronic commerce. The latter idea is suggested by 
JOB/GC/149/Rev.1 and JOB/GC/150.  
 
Most of the proposals which include the idea of a horizontal locus suggest that the General Council 
appoint a chairperson of this locus. The only exception is JOB/GC/149/Rev.1, under which the 
chairperson of the General Council or his/her appointed representative chairs the suggested locus.  
 
JOB/GC/152/Rev.1, JOB/GC/153 and JOB/GC/155 do not touch upon 
establishment/institutionalizat ion of a functional horizontal locus.  
 
3. Topics to be discussed  
A variety of topics are suggested.  
 
Particularly, JOB/GC/156/Rev.1 suggests carrying out assessments of whether the clarification or 
strengthening of the existing WTO rules is necessary. Disc ussion on trade rules is also suggested 
by JOB/GC/137.  
 
Discussion on the development aspect of electronic commerce is suggested by almost all the 
proposals. Among others, JOB/GC/150, JOB/GC/152/Rev.1, JOB/GC/155 and JOB/GC/156/Rev.1 
pay much attention to the development side. For example, JOB/GC/150 suggests that the General 
Council emphasize the development dimension in the Work Programme. JOB/GC/156/Rev.1 WT/MIN(17)/18  
 
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  suggests conducting assessment, pointing out specific issues relating to the development of 
infrastr ucture for electronic commerce, enabling services and technical assistance, and capacity 
building.  
 
Discussion in relation to benefiting MSMEs is also a common proposal. For example, JOB/GC/150 
and JOB/GC/156/Rev.1 suggest examination of opportunities and challenges for access to 
electronic commerce by MSMEs. JOB/GC/152/Rev.1 mentions fair competition in electronic 
commerce at the global level, in this regard.  
 
JOB/GC/137, JOB/GC/150 and JOB/GC/155 suggest a wide range of issues to be discussed 
including: s cope and definitions; existing applicable rules and gaps in the WTO legal framework; 
existing barriers to e -commerce; confidence building; trade facilitating measures; transparency; 
increasing participation of developing countries; intellectual property ri ghts; facilitating cross -
border e -commerce; promoting paperless trading; transparency; development and cooperation; 
classification; technological neutrality; the manner in which Members can preserve their right to 
regulate electronic commerce; all measures  to promote national digital industrial development; the 
opportunities and risks associated with digital transformation and electronic commerce; measures 
to develop national institutional regulatory capacity to ensure the protection of information of all 
Members and their citizens, including but not limited to mandatory disclosure of data; the 
disclosure of source codes; access to, and transfer of technology; the practice of sharing national 
experience of, inter alia, the historical development of the digit al industry; and the challenges and 
measures adopted to promote digital economy and electronic commerce.  
 
Most of the proposals suggest that assessments/discussions be carried out on the basis of 
Members' proposals. JOB/GC/150 suggests that the institution alized Dedicated Discussion take up 
elements acceptable to all Members.  
 
4. Time frame for reports and recommendations for action  
Generally speaking, the idea of making recommendations for action is a common theme in the 
proposals, but the time frames they adopt are diverse. JOB/GC/137, JOB/GC/149/Rev.1, JOB/ 
GC/150, JOB/GC/152/Rev.1, JOB/GC/153 and JOB/GC/155 suggest that MC12 shoul d be the 
timing when the General Council reports to the Ministerial Conference, although JOB/GC152/Rev.1 
suggests that the relevant bodies under the Work Programme conclude their discussions and 
report to the General Council in July 2018. JOB/GC/156/Rev.1 adopts an earlier time frame than 
that of the above -mentioned proposals except JOB/GC/152/Rev.1, opting for the result of the 
assessments to be reported at the first meeting of the General Council in 2019.  
 
All proposals except JOB/GC/152/Rev.1 and JOB/GC/ 156/Rev.1 suggest periodic reports to the 
General Council. While JOB/GC/137, JOB/GC149/Rev.1, JOB/GC150, JOB/GC/153 and JOB/GC/155 
suggest holding periodic reviews on the progress made, JOB/GC/140/Rev.5 only suggests periodic 
reports by the Working Party.  
 
5. Customs duties moratorium  
Most of the proposals, namely JOB/GC/137, JOB/GC/140/Rev.5, JOB/GC/149/Rev.1, JOB/GC/150 
and JOB/GC/156/Rev.1, suggest an extension of the customs duties moratorium on electronic 
transmissions until the next session, while JOB /GC/153 notes that the decision on the moratorium 
is subject to the decision on the moratorium on TRIPS Non -Violation and Situation Complaints, as 
well as to the other sections of JOB/GC/153. The proponents of JOB/GC/155 have not yet decided 
their position s on the moratorium in view of the revenue implications, particularly in the context of 
increasing digitization of goods and services.  
 
6. Other ideas  
A wide range of ideas are suggested in the proposals. Particularly, JOB/GC/152/Rev.1 suggests 
two unique ideas. One is to instruct the Director General to maintain close liaisons with other 
international organizations and to report to the General Council, mainly on development issues. 
The other is that the developed country Members shall, together with the de veloping country 
Members declaring themselves in a position to do so, provide duty free and quota free access to all 
goods and services from all LDCs that are delivered via e -commerce platforms directly from LDC 
suppliers.  
 
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