JOB/GC/126, JOB/CTG/6  
JOB/SERV/260, JOB/IP/23  
JOB/DEV/44  
 2 June 2017 
(17-2958) Page: 1/2 
General Council  
Council for Trade in Goods  
Council for Trade in Services  
Council for Trade -Related Aspects of  
Intellectual Property Rights  
Committee on Trade and Development  Original: English  
 
ASEAN REFLECTIONS ON  LUNCH PANEL ON "CAN E-COMMERCE TRADE RULES  HELP 
MSMES FROM DEVELOPIN G COUNTRIES?"  HELD DURING THE UNCT AD E -COMMERCE 
WEEK, 27 APRIL 2017  
The following communication, dated 29 May 2017, is being circulated at the request of the 
delegatio n of Singapore , on behalf of the ASEAN  Members  (Brunei  Darussalam , Cambo dia, 
Indonesia, Lao PDR , Malaysia , Myanmar, Philippines , Singapore , Thailand  and Viet Nam). 
_______________  
1. E-commerce is not new to the WTO, and is within the scope of ex isting WTO 
agreements:  
 GATT 1994 & Annex 1 Agreements, GATS, TRIPS have e -commerce relevant clauses. 
The Trade Facilitation Agreement contains disciplines on electronic payments and 
electronic copies of documentation.  
 WTO dispute settlement case law referencing e -commerce, e.g. US -Gambling, 
China -Electronic Payment Services, Mexico -Telecom s, China -Publications and 
Audio -visual Products.  
2. However there is scope for further work in the WTO on e -commerce, including on 
clarifying new concepts  e.g. 'digital products' and how they fall within the existing WTO 
framework of rules. The development aspect must remain central to the discussion.  
3. E-commerce can be an enabler for MSMEs from developing countries to grow their 
businesses, and increase their participation in global trade : 
 Also presents the potential for more inclusive economic growth as MSMEs often make up 
an overwhelming majority of businesses in a country.  
 E-commerce lowers barriers to entry and operating costs for MSMEs to internationalise 
and reach foreign markets.  
 E-commerce has transformed the business landscape and allowed MSMEs to tap on 
global supply chains for more cost -effective production and better access to capital.  
4. Despite the opportunities, MSMEs in developing countries continue to face 
challenges in e -comme rce: 
 Lack of infrastructure and knowledge  
 Regulatory barriers and uncertainty  
 Limited electronic payment options  JOB/GC/126 • JOB/CTG/6 • JOB/SERV/260 • JOB/IP/23 • JOB/DEV/44  
 
- 2 - 
 
   Limited access to enabling services, e.g. postal, express delivery services, e -commerce 
platforms  
 Online privacy and security issues  
 Consumer c onfidence  
 The digital divides and gaps in access to information  
5. Developing facilitative trade rules may support MSMEs foray into e -commerce by 
reducing exposure to regulatory uncertainty : 
 Some e -commerce trade facilitative areas include electronic signatur es and 
authentication, paperless trading, domestic electronic transactions framework etc.  
 Existing international frameworks (e.g. UNCITRAL Model Law on E -signature) and RTA 
experience are useful reference and starting points  
 For example, the World Custom s Organisation (WCO) Immediate Release Guidelines on 
low-value shipments could contribute in creatin g an enabling environment for 
e-commerce and cross -border delivery of goods  
 Important to establish domestic inter -agency, and multi -stakeholder process to 
coordinate and identify priorities and interests in trade policy related to e -commerce.  
 Increased regulatory certainty (through signals sent by trade commitments) can also 
help to attract foreign investments in enabling services (e.g. postal, express delive ry 
services, e -commerce platforms) and infrastructure that will better help MSMEs leverage 
on e-commerce.  
6. International Organisations and Donor Partners can play a role in helping 
developing countries and least developed countries improve their e -commerce 
readiness  by: 
 Providing assistance to develop national strategies for the development of e -commerce  
 Promoting the development and gathering of relevant statistics on e -commerce  
 Encouraging and facilitating information sharing and cooperation  
7. ASEAN is worki ng to advance e -commerce as a means to promote greater digital 
connectivity and expand opportunities for trade, including for MSMEs, in the 
region : 
 ASEAN Coordinating Committee on Electronic Commerce (ACCEC) set up in Nov 2016 to 
coordinate these efforts, including in coming up with an ASEAN Work Programme on E -
commerce  
 ASEAN is working towards an ASEAN Agreement on E -Commerce.  
__________