WORLD TRADE  
ORGANIZATION  TN/RL/GEN/175 
24 February 2011 
 (11-0971) 
Negotiating Group on Rules Original:   English 
 
 
 
DECISION ON THE ESTABLISHMENT OF A TRADE 
REMEDIES FACILITY IN THE WTO 
 
Communication from Mauritius  
on behalf of the ACP Group  
 
 
 The following communication, dated 24 February 2011, is being circulated at the request of 
the delegation of Mauritius on behalf of the ACP Group. 
 
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  This Communication, in the format of a Draf t Decision regarding trade remedy measures, is 
submitted to the WTO Negotiating Group on Rules by  Mauritius, on behalf of the African, Caribbean 
and Pacific (ACP) Group of States, for considera tion by the Negotiating Group.  This Communication 
is without prejudice to the views or position of the ACP Group on issues discussed in the Negotiating 
Group on Rules.  The ACP Group reserves the right to submit further communications on this issue.  
 
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 TN/RL/GEN/175 
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  Decision on the Establishment of a Trade Remedies Facility in the WTO 
 
 
Members 
 
 Recognising  that the existence of well functioning  legal and institutional frameworks for 
applying trade remedy measures that are in full c onformity with the rules of the Agreements on 
Anti-dumping Practices, Subsidies and Countervai ling and on Safeguard Measures, in cases where 
increased imports are causing or threatening to cause injury to the domestic industry, is essential for 
pursuing open and liberal trade policies; 
  Noting  that a number of developing countries, whic h are at higher stages of development and 
are pursuing open and liberal trade policies in order to promote export oriented growth have since the 
creation of the WTO established legal and instituti onal frameworks for applyi ng such measures and 
have now become their important users; 
 
 Noting  however, that the remaining developing co untries, most of which are either least 
developed countries (LDCs), small and vulnerable ec onomies (SVEs), or are countries at lower stages 
of development are in the process of establishing or  considering the establishment of such legal and 
institutional frameworks, and are apprehensive that th e flexibility which is available to them at present 
to raise tariffs may be eliminated or greatly redu ced in the post-Doha Round period, as a result of the 
commitments to bind them which they would assume in the Round; 
  Taking into account  that the existing legal framework for applying trade remedy measures 
would be broadened in the post-D oha Round period by the adoption of  new rules which would permit 
the application of Special Safeguard Measures by developing countries to imports of agricultural 
products; 
  Recognising  that the rules providing for the applications of trade-remedy measures are 
technically complex and financially burdensome th ereby depriving capacity-constrained developing 
countries, mainly LDCs and SVEs, the benefit of applying such measures and this perpetuates some 
of the existing imbalances in the multilateral tradi ng system which the DDA is mandated to redress;  
and 
  Recognising  further the need for a sustainable a nd effectively coordinated delivery of 
technical assistance in the area of  trade-remedy measures to the developing countries needing such 
assistance,  Decide as follows: 
 
1. Establishment of a Trade Remedies Facility:  Its Objectives 
 A Trade Remedies Facility is hereby established inter alia  for: 
 
1.1 Ensuring greater coherence and coordination in the assistance that is being provided to 
developing countries in the area of trade remedy me asures by WTO, other international organizations, 
intergovernmental and regional organizations
1, and by developed and developing countries on 
bilateral basis. 
 
                                                      
1 These organizations include ITC, UNCTAD, ACWL, UNECA, UN-ECLAC, UNESCAP, 
World Bank, ACP, Commonw ealth  Secretariat.  TN/RL/GEN/175 
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  1.2. Establishing legal and in stitutional frameworks for appl ying trade remedy measures to 
countries which have not so far established such frameworks and for building their capacities for the 
application of the trade remedy measures at national level in a way that fully conforms to WTO rules, 
as well as undertaking studies on the feasibility and appropriateness of establishing regional 
authorities for the investigations and the impositi on of the trade remedy measures by all or some 
countries which are members of the customs unions or free trade areas. 
 
1.3 Providing technical assistance for developing t echnical capacities of the officials working in 
the investigating authorities in developing countr ies which have established or are planning to 
establish such institutions for the application of th e rules of the Agreements on Trade Remedies by 
inter alia : 
 
(i) Establishing in the WTO Secretariat2 a dedicated facility providing, specific 
needs-based and in-depth training to offici als working in investigating authorities, 
particularly in developing countries which have newly established such investigating 
authorities in the application of the rules by practitioners in the area of trade remedy 
measures preferably from developing co untries and experts form relevant 
international institutions on a long term basis; 
 
(ii) supplementing such training by on the job training at practical level, in the 
investigating authorities of countries which are users of trade remedy measures and 
are willing to provide such assistance by en tering into cooperation arrangements with 
them;  and 
 
(iii) assisting regional economic bodies and other regional organizations in providing such 
assistance to their member countries. 
 
1.4. Providing requisite training with a view to improving the understanding of the provisions of 
the Agreements by Government Officials responsible for trade remedy measures. 
 
1.5 Raising awareness of the business community and other relevant stakeholders on the trade remedy measures provided by these Agreements. 
 
1.6 Mobilizing extra budgetary resources that may be required for providing assistance in the area of trade remedy measures in accordance with the objectives of this decision. 
 
1.7 Promoting and encouraging south-south coope ration in the area of trade remedy measures by 
facilitating, where necessary trilateral arrangement s, under which a donor country agrees to provide 
financial resources to a developing country which h as technical capacities to provide assistance to the 
requesting country.  
1.8 Establishing a Focal point in WTO secretaria t which will promptly respond to requests for 
advice from officials working in investigating au thorities and other officials associated with the 
application of the trade remedy measure. 
 1.9 Establishing an information database on trad e remedy measures in the WTO Secretariat's 
ITTC for: 
 
(i) Providing information to officials in th e investigating authorities as well as trade 
policy officials on the rulings of the pane ls and Appellate Body particularly those 
which clarify the provisions of the Agreements on Trade Remedy Measures;  and 
                                                     
 
2 Particularly its Rules Division and its Institute  for Training and Technical Cooperation (ITTC). TN/RL/GEN/175 
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(ii) Disseminating research and analytical pape rs on the developments in the application 
of the rules which are brought out by intern ationally well known law firms, private 
research organizations and the academia. 
 
1.10 Establishing of specialized e-training in  collaboration with relevant institutions, where 
appropriate, for various categories of implementing officials. 
 
2. Management of the Facility 
2.1 The Facility would be managed by the WTO Secretariat, in cooperation with: 
 
(i) Relevant International and intergovernmental organizations3; 
 
(ii) international financial institutions , the World Bank, IMF and donor agencies 
providing, or that could provide financial and technical resources; 
 
(iii) representatives of developed and devel oping countries which are providing technical 
and financial assistance; and 
 
(iv) representatives of developing countries pa rticularly LDCs, SVEs and other countries 
at lower stage of development which need such assistance. 
 
2.2 Under the authority of the Chairman of the General Council, the Chairman of the Committee on Trade and Development shall undertake the n ecessary consultations on the composition of the 
membership of the management body. 
 
2.3 An annual report on the activities of the F acility shall be presented to the CTD for its 
consideration.  
2.4. The CTD shall provide oversight for m onitoring the work of the Facility, as well as 
coordinate with the Committee on Anti-dumping Practices, Committee on Subsidies and Countervailing Measures, Committee on Safeguard M easures and the Committee on agriculture with 
regard to the Special Safeguard Measures in agricultural products 
 
3. Preparation of Triennial Programme 
3.1 The Facility shall prepare every three years a programme for providing assistance on the basis 
of needs assessments undertaken by developing countries of the assistance required by them.  
The first triennial programme, which should be availa ble in six months after the establishment of the 
Facility, should contain its recommendations on how  resources could be mobilized for undertaking 
technical assistance activities under this facility.  
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3 These include – among others -  UNCTAD, ITC, UNECA,  ACWL, ACP, Commonwealth Secretariat 
and others.