RESTRICTED  WORLD TRADE  
ORGANIZATION  TN/TF/M/29 
2 June 2009 
 (09-2626) 
Negotiating Group on Trade Facilitation   
  
 
MINUTES OF THE MEETING 
 
Held in the Centre William Rappard
 
from 27 April – 1 May 2009  
 
Chairman:  H.E. Mr. Eduardo Ernesto Sperisen-Yurt (Guatemala) 
 
 
1. The Chairman  recalled that the proposed agenda for the session had been circulated in 
WTO/AIR/3349.  As indicated in the airgram, the me eting sought to advance work on all elements of 
the mandate, continuing the cycle of refining th e negotiating proposals Members had initiated in 
February.  In addition, the Negotiating Group on  Trade Facilitation (NGTF) would take up the 
standing item of ad hoc attendance by the Annex D organizations.   
2. The agenda was adopted . 
3. The Chairman  shared his views on the organization of the meeting week.  The overall 
structure reflected the objectives of the sessions and the practical requirements for their realization.  
The scope of activities was particularly broad th is time, ranging from the traditional addressing of 
old/new proposals and the work on implementation matters to a special session on standards, two 
workshops and a number of consulta tions in various configurations.  There was further the additional 
constraint of parallel Genera l Council meetings, forcing Members to forgo the NGTF sessions 
originally scheduled for the same time.  As a result, delegations would have to be particularly efficient 
in their time management and to accept a somewhat shorte r slot for the addressing of certain items.      
4. The NGTF’s mode of operation remained unchange d.  Members would continue the tradition 
of conducting most of the exchanges in open-en ded, informal mode.  The presentation of new 
submissions would be considered formal while thei r detailed discussion remained off the record.    
5. Substantive work would commence with the intr oduction of new proposals.  This would then 
be followed by their detailed discussion – as well as a review of the previously submitted texts - in the 
context of informal working sessions, which were sc heduled to commence right after the end of the 
opening plenary.  GATT Article VIII-related propo sals would be addressed first, continuing the 
textual work from where Members had left it off in February. From there, delegations would move to 
the other areas, as time permitted.  
6. Technical assistance and S&D matters would be th e focus of attention Thursday morning with 
additional time being reserved for this area the follo wing day.  Work would be  led by the Friend of 
the Chair who would then report back to the plenar y on the outcome of his activities.  Friday would 
also allow Members to learn about the state of th e Secretariat's needs assess ment programme before 
concluding the meeting.   
7. The plenary  session was adjourned  and the informal working sessions commenced . TN/TF/M/29 
Page 2  
 
  A. N
EW AND REVISED PROPOSALS  
8. This part of the meeting was conducted in informal mode  with the exception of the following 
presentation of a new submission: 
9. The representative of Saint Lucia  introduced JOB(09)/11, explaining that it proposed a 
checklist of indicative actions for the establishmen t and sustainability of a multi-agency working 
group on Trade Facilitation.  The document was subm itted to reflect some ideas on the benefits that 
could be harnessed from sustaining and making perman ent the task forces initially created for the 
needs assessments.  It sought to capture some of the indicative step s that could assist in making those 
multi-agency working groups (or committees, as referred to by Honduras) permanent.   
10. One of the unheralded initiatives of the Trade Facilitation (TF) negotiations was the concrete, 
yet insufficient, support provided by the Annex D organizations in support of the needs self-
assessments and sustaining the ad hoc organizations creat ed in that context.  In St. Lucia's view, the 
need assessments presented an opportunity for Member s to preliminary reflect on capacity constraints 
and systemic deficiencies that impeded the efficient flow of trade.  
11. Beyond this, the needs assess ments had occasioned an internal discussion amongst key trade 
facilitation constituencies both  from the private and public sectors on issues related to Trade 
Facilitation, particularly on the question of how administrative bottlenecks could be overcome.  
12. In some cases, the apparatus of the nationa l task forces had heated a broader discussion 
amongst constituencies on some of the challenges gra ppled with by traders and government agencies 
alike.  The needs assessment had, in some inst ances, been a catalyst for new and more wide-ranging 
discussions on trade efficiency.  In other words, the creation of the national task forces had, in some 
instances, given impetus for renewed attention at a na tional level to some of the very issues negotiated 
in Geneva.   
13. In recognition of that fact, St. Lucia, togeth er with other Members of the Organization of 
Eastern Caribbean States (OECS), had undertaken work to establish permanent working groups to 
address some of the issues identified during the needs assessments.  It had to be made clear that many 
of the issues faced by St. Lucia and other OECS Member States required substantial support from the 
Annex D organizations in order for those bottlenecks to be bridged.  
14. The creation of permanent working groups could, inter alia , support the negotiations and 
subsequent implementation, monitor the implementa tion of obligations arising from the current and 
other negotiations and show that the concerns of the private sector were taken account of in the 
development of trade policies as they related to Trade Facilitation. 
15. In light of the real benefits that could arise from the systematic approach to the development 
of policies in Trade Facilitation, JOB(09)11 provided  some indicative steps that could be taken to 
ensure continuity of the work of  the task forces by turning them  into permanent working groups. 
16. St. Lucia hoped that the simple steps outlined in the document would provide the membership 
with some guidelines on how some of the most desi rous aspects of the Trade Facilitation negotiations 
could be harnessed and how their fu ll long-term benefits could be em bedded in national structures.  
17. The Negotiating Group took note  of the statements made.  
18. Upon resumption  of the plenary meeting, the discussions continued in informal mode with the 
exception of the following statements, which were requested to be placed on record:  TN/TF/M/29 
 Page 3 
 
 
  19. The representative of Bangladesh  remarked that the current day was historic May Day.  It was 
a holiday in the Bangladesh mission in Geneva  as well as in their domestic constituency and 
elsewhere in the world.  He therefore took the op portunity to pay tribute to those who had made 
supreme sacrifices to establish workers' rights 118 year s ago.  He had a feeling of sympathy for those 
workers who were and would be connected with trade facilitation. 
20. Bangladesh thanked Mr. Matthew Wilson for hi s excellent performance and his report as a 
true friend of the Chair.  The Bangladesh de legation would speak on Special and Differential 
Treatment (S&DT) and Technical Assistance and Support for Capacity Building (TACB) from the 
perspective of a least-developed country (LDC). 
21. He had listened to the interventions made that morning very carefully. Bangladesh had 
repeatedly said that the LDCs had willingness and sincerity to take commitments relating to Trade 
Facilitation, but that they did not have the capacity to take full commitments.  That gap could be bridged through TACB.  He was not happy with what he had heard from some of his colleagues 
regarding a linkage of commitment to capacity and a commitment to financial assistance. Those were 
fundamental issues and could not be lost sight of. 
22. Annex D was a modality agreed upon by all Me mbers in 2004 under the July Package.  
Perhaps this was the only modality after the Doha D eclaration in 2001.  Annex D was very clear.  As 
he had already mentioned at the last meeting, para graph 2 stated that "the extent and the timing of 
entering into the commitments shall be related to  implementation capacities of developing and least-
developed Members".  On top of that, there was a special provision for LDCs in paragraph 3, stating 
that they "will only be required to undertake commi tments to the extent consistent with their 
individual development, financial and trade ne eds or their administrative and institutional 
capabilities."  The word "individual" was important.  It implied that the level of commitment would 
vary from LDC to LDC. It also implied, as Pakistan  had mentioned, that LD Cs were not required to 
take 100% of the commitment.  That was also Bangladesh's understanding. 
23. With respect to TACB, paragraph 5 of Annex D said that TACB was vital for developing  
countries and LDCs to enable them to fully partic ipate in and benefit from the negotiations.  Without 
TACB, LDCs and developing countries could not fully participate in and benefit from them. 
Paragraph 4 of Annex D said that  Members should also address the concerns of developing countries 
and LDCs related to cost implications of the pr oposed measures.  "Addressing the concerns of cost 
implications of the proposed measures" meant nothing but TACB.  
24. Regarding categories A, B and C, "A" meant commitments to be agreed to ab initio  or from 
the beginning – but not for LDCs.  "B" meant commitmen ts to be implemented at a belated stage.  "C" 
meant costly  commitments.  Developing countries were saying that the list of category A 
commitments was to be submitted before the TF Agreement's entry into force as opposed to the 
signature stage.  They were very right as measu res were still evolving and one did not know their 
depth and breadth yet.  LDCs needed further S& DT.  Therefore, they would intimate the list of 
category A commitments after the TF Agreement's en try into force.  The commitments would vary 
from LDC  to LDC. 
25. With respect to category B, there were two aspect s: shifting and delaying.  As already said by 
Tanzania, before submitting the list of category B co mmitments, one had to be sure of Members' 
acceptance of the "early warning mechanism" and th e shifting of commitments from A to B or from B 
to C due to an unforeseen contingency.  Technically, it was possible to shift from C to B or from B to 
A if the situation improved.  The commitmen ts would vary from LDC to LDC as well. 
26. As far as category C was concerned, all meas ures, from A to Z, minus category A and minus 
category B equalled category C.  Therefore, when notifying categories A and B, category C would be TN/TF/M/29 
Page 4  
 
  obvious.  Category C measures were contingent up on the availability and assistance of a donor.  As 
soon as LDCs got a donor, they would commit, with the commitments varying from LDC to LDC. Two issues were common to all three categories: the submission of a list and an implementation schedule.  They would vary and unfold gradually as the negotiations evolved.  
27. The representative of Cuba
 said that the Chair's summing up of the negotiating week had 
listed a number of points that were very important.  Cuba had been in contact  with other delegations 
and was of the view that those issues should be th e subject of debate.  The Cuban delegation wished 
to thank the WTO Secretariat for having appropriately  included Cuba's previous intervention in the 
minutes of the last meeting.   
28. Cuba had expressed concerns with regard to th e process.  Given the fact that it was not known 
when work on NAMA, Agriculture and in other negotiating groups was going to pick up again, it was 
very difficult to come to the NGTF because Cuba was a very small delegation and it was difficult 
having to reiterate concerns time and again.  They  did not have a lot of ti me.  Delegations who had 
done a needs assessment were keen to share their e xperiences but at the same time, Cuba wished to 
ask that consultations be convened to discuss that important issue. Everybody, including the Director-
General, who had fortunately been re-elected – Cuba  wished to take the opportunity to congratulate 
him on his re-election – said that the WTO was a Member-driven organization.  Against that 
background, and based on the Chair's comments, it was crucial that Members had a good look at the 
best way to move forward, particularly with regard  to small delegations such as Cuba to ensure that 
they had an opportunity to see the process evolve ra ther than having to reiterate the same positions. 
29. The Chair had rightly remarked that a much of the process ahead was in the hands of the 
Members.  Cuba fully agreed w ith that assessment.  At  the same time, Cuba felt that through the 
Chair's leadership, the Chair should give Members support to move the process forward in the best 
way possible.  It was useful to come and talk about the various proposals.  The Chair's report had 
signalled important issues such as the consolidation of  proposals.  Perhaps the report could be a basis 
for future discussions about the best way to move forward in the NGTF.  Cuba wished to thank the 
Chair for his summary and the Secretaria t for the support they had provided.  
30. The representative of Rwanda , speaking on behalf of the African Group,  commended the 
Chair together with the Friend of the Chair for having guided the work during the current week.  
31. The African Group highly appreciated the Friend of the Chair's efforts and dedication in 
conducting his work.  His latest document had just been received and would be closely considered 
with interest.  The African Group sincerely thanke d him for providing Members with that summary in 
a such short time which allowed capital-based o fficials to go back home with a document 
summarizing the different positions so that they could return prepared for further engagement. 
32. As far as the Chair's concluding remarks were concerned, the African Group agreed with his 
entire assessment of wher e the NGTF came from, where it currently stood and how to move forward.  
The African Group fully supported the Chair's proposal  to complete the current round of reviewing 
the existing texts and of urging Members to effec tively modify their proposals.  That would allow 
delegations to move forward in a Member-driven format.  The African Group equally fully supported 
the Chair's suggestion, based on the consultations he had held, to organize a dedicated discussion on 
one or two topics in a focused meeting led by the Chair.  The African Group looked forward to fully engaging in a discussion which it hoped to result in a compromise on a number of topics.  The African Group stood behind the Chair and his Friend.  It  pledged its full support and looked forward to 
engaging in the next session. 
33. The Negotiating Group took note
 of the statements made.   TN/TF/M/29 
 Page 5 
 
 
  B.  A D HOC ATTENDANCE OF RELEVANT INTERNATIONAL ORGANIZATIONS , INCLUDING THE 
IMF,  OECD,  UNCTAD,  WCO  AND THE WORLD BANK, AT THE NEXT MEETING OF THE 
NEGOTIATING GROUP  
34. The Chairman  suggested inviting relevant internati onal organizations, including the IMF, 
OECD, UNCTAD, WCO and the World Bank to attend the next formal meeting of the Negotiating 
Group on an ad hoc basis, as provided for in the Work Plan. 
35. It was so agreed . 
C. O THER BUSINESS  
36. The Chairman  addressed the issue of the Group's next meeting.  In line with what Members 
would have seen in his fax of 14 January, he propo sed for that session to be held in the week of 
29 June.  Details regarding its content and stru cture would be communicated to Members in due 
course.  
37. It was so agreed .  
38. The Negotiating Group took note  of the statements made. 
39. The meeting was adjourned . 
__________