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WT/GC/M/184

24 June 2020

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General Council

29 May 2020

MINUTES OF THE MEETING

HELD IN VIRTUAL FORMAT ON 29 MAY 2020

Chairperson: H.E. Dr. David Walker (New Zealand)

The Chairman and the Director-General bade farewell to Ambassador Oxana Domenti (Republic of Moldova), Ambassador Deepak Jagdish Saksena (India) and Ambassador John Ronald Dipchandra Ford (Guyana) and expressed appreciation for their valuable contribution during their time as Permanent Representatives.

Subjects discussed1:

1 REPORT BY THE CHAIRMAN OF THE TRADE NEGOTIATIONS COMMITTEE AND REPORT BY THE DIRECTOR-GENERAL ...... 2 2 IMPLEMENTATION OF THE BALI, NAIROBI AND BUENOS AIRES OUTCOMES – STATEMENT BY THE CHAIRMAN ...... 11 3 WORK PROGRAMME ON SMALL ECONOMIES – REPORT BY THE CHAIRMAN OF THE DEDICATED SESSION OF THE COMMITTEE ON TRADE AND DEVELOPMENT ...... 13 4 TWELFTH SESSION OF THE – DATE AND VENUE – STATEMENT BY THE CHAIRMAN ...... 15 5 PROCESS OF APPOINTMENT OF THE NEXT DIRECTOR-GENERAL – STATEMENT BY THE CHAIRMAN ...... 21 6 JOINT MINISTERIAL STATEMENT ON ACTION PLANS TO FACILITATE THE FLOW OF GOODS AND SERVICES AS WELL AS THE ESSENTIAL MOVEMENT OF PEOPLE – REQUEST BY THE REPUBLIC OF KOREA ...... 27 7 OTHER BUSINESS ...... 31 7.1 Garments and Textile Sector in light of COVID-19 – Statement by Bangladesh ...... 31 7.2 Discussions of the g7+ WTO Accessions Group on COVID-19 – Statement by Afghanistan ...31 7.3 Request for Observer Status by Turkmenistan – Statement by the Chairman ...... 32 7.4 Chairmanship of the Committee of Agriculture in Special Session – Statement by the Chairman ...... 32 7.5 Statement by the Chairman on Administrative Measures for Members in Arrears ...... 33 ANNEX 1 – STATEMENTS BY EGYPT AND GABON ON THE REPORT BY THE CHAIRMAN OF THE TRADE NEGOTIATIONS COMMITTEE AND REPORT BY THE DIRECTOR-GENERAL (AGENDA ITEM 1) ...... 34 ANNEX 2 – STATEMENT BY AFGHANISTAN ON THE REQUEST FOR OBSERVER STATUS BY TURKMENISTAN (OTHER BUSINESS 3) ...... 36

1 The proposed agenda was circulated in document WT/GC/W/800. WT/GC/M/184

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1 REPORT BY THE CHAIRMAN OF THE TRADE NEGOTIATIONS COMMITTEE AND REPORT BY THE DIRECTOR-GENERAL

1.1. The Chairman noted that a HODs and TNC meeting would normally be convened ahead of each General Council meeting, where matters pertaining to that item in the General Council agenda were extensively discussed. This time, the Director-General had considered that it was not necessary to convene a HODs/TNC meeting. Instead, the Director-General would provide a report under the current item highlighting messages from some Chairs of the Negotiating Groups and updating Members on his own contacts since the recent virtual special General Council meeting on 15 May.

1.2. The Director-General said2 that the customary Informal TNC/HODs meetings ahead of the General Council had not been held and that instead, he had thought it would be more efficient for him to directly report to the General Council under that item. He had reached that conclusion at least for that General Council session based on views Members had expressed about continuing WTO negotiations during the current pandemic – notably at the Informal HODs on 17 April.

1.3. In the 17 April Informal HODs meeting, it had been clear to him that while there was support for resuming certain types of work in a pragmatic and flexible manner, there was no shared view about conducting negotiations via virtual means or written procedures, at least for the time being. To prepare his report, he had convened a virtual meeting of Chairs of Negotiating Bodies on 28 May. Some of the Chairs had been exploring options with Members to allow dialogue to continue. They had provided him with feedback to share with Members.

1.4. On the negotiations on fisheries subsidies, the Chair had informed him that, immediately following his last report to the TNC in early March, delegations had engaged actively in meetings and consultations throughout the March cluster. Those had included a plenary session that the Chair and he had held on 6 March where Members had expressed strong commitment to reach an agreement by MC12 which at the time was still scheduled for June.

1.5. In light of what had been heard, he and the Chair had jointly convened another HODs session to discuss overcapacity and overfishing. But they had been unable to hold that meeting due to the COVID-19 restrictions. The Chair had subsequently undertaken a written exchange of views on two new proposals and had consulted bilaterally with interested delegations and groups on options to continue making progress in the current situation.

1.6. Based on what he had heard during those consultations and on statements made at the 17 April HODs, the Chair had issued a communication on 7 May to the Negotiating Group on Rules. That communication said that, as a whole, the Group was not ready to fully engage while still facing the difficulties arising from the pandemic, and that the best course at the moment was to wait a short while longer to see how the situation developed. The Chair was continuing to monitor the situation. He had informed him that he remained mindful of the urgency of the negotiations and of the mandate to agree to new disciplines on fisheries subsidies by the end of the year. To that end, he was available for consultations and ready to resume work as soon as possible.

1.7. On agriculture, the CoA SS had held a first virtual meeting on 25 May for a preliminary exchange of views on how work should proceed in the current environment. Members had discussed the impact of COVID-19 and recent measures put in place by some. Many had felt that the pandemic was likely to influence their negotiating priorities and positions. Several had noted that the current situation had highlighted the importance of reforming existing agricultural rules and keeping trade in agricultural products open and secure, to guarantee food and livelihood security for people around the world.

1.8. Among negotiating topics considered to be directly related to food security, export restrictions, public stockholding and domestic support had gotten the most attention. References had also been made to the special safeguard mechanism, Market Access and Cotton. Several Members had highlighted the particular importance of transparency calling for all COVID-19 related trade measures to be targeted, proportionate, transparent and temporary.

2 The Director-General's report was circulated in JOB/GC/231.

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1.9. Concerning the process, Members were open to having virtual meetings to exchange views, though many felt that substantive negotiating meetings would be difficult in the current situation. Some Members had said that the options paper that the Chair had circulated on 16 March would be useful as a reference in the negotiations going forward. He recalled that Ambassador Deep Ford had informed Members that he would step down as Chair of the CoA SS on 30 June, and he thanked him for his determination and perseverance in pushing the Committee's work forward since his appointment. He was confident that Ambassador Ford had provided a platform that was sound for Members to build on.

1.10. On special and differential treatment, the Chair of the CTD SS had initiated a written process to allow a preliminary exchange of views on the G-90 submission. As a first step, Members had been invited to submit questions or comments. Those comments had been forwarded to all Members. He understood that the G-90 had asked for some more time to provide its responses. Once they were received, the Chair would be in touch with Members to determine the way forward.

1.11. On the Council for TRIPS in Special Session, the chairmanship of the TRIPS SS was in transition following the appointment of Ambassador Castillo to the DSB. On work amongst groups of Members, the Director-General would leave it to the coordinators to provide transparency reports if they so wished. He informed delegations that he intended to convene a formal meeting of the TNC in July which would be the last meeting he would chair in his capacity as the Chairman of the TNC. The exact date would be communicated in due course.

1.12. On his own activities, the Director-General recalled that he had already provided two reports on trade and the COVID-19 pandemic, which had been subsequently circulated as JOB/TNC/80 and JOB/GC/229. Since the special virtual General Council meeting on Trade and the COVID-19 pandemic on 15 May, he had participated in a virtual meeting of the UN Chief Executives Board. He had also taken part, along with the heads of four other international organizations, in a discussion hosted by German Chancellor Angela Merkel. The economic and social impacts of the COVID-19 pandemic featured prominently in both instances. He emphasised the importance of international cooperation, including on trade, to foster a strong, sustained, and inclusive economic recovery.

1.13. Closing off trade would mean unnecessary supply shocks, slower growth, weaker productivity, higher real debt burdens, and lower living standards. In addition, on 19 May, together with the Chairman, he had participated in a Trade Dialogues event at the request of the International Chamber of Commerce and B20 . Business leaders from around the world representing large and small companies from a wide range of sectors had discussed how trade policy and the WTO could help counter the economic effects of the COVID-19 crisis.

1.14. They had particularly emphasised the importance of maintaining an uninterrupted supply of essential goods and services at times of crisis; transparency on COVID-19 related measures; ensuring that COVID-19 related measures were targeted, proportionate, transparent, and temporary and an effective and rapid implementation of the WTO's Trade Facilitation Agreement. It had been heartening to hear their strong support for the predictability and certainty fostered by the multilateral trading system — and their interest in ongoing efforts to update the WTO rulebook.

1.15. Ensuring that businesses and households had the confidence to invest and consume would be a very important part of their economic recovery. And it was why the multilateral trading system had an important role to play in all of those efforts. The previous week's reading from the goods trade barometer suggested that trade had not yet bottomed out – in line with the WTO's April forecast predicting sharp falls in trade across all sectors and regions due to the pandemic.

1.16. All Members should intensify efforts to do what they could at home and collectively to foster a strong rebound. In the activities at the WTO on monitoring and transparency, implementation of commitments, negotiations and broader reform efforts, Members should work to ensure that their organization emerged out of the crisis more resilient than ever, and even more responsive to Members' changing needs.

1.17. The representative of Chad, on behalf of the LDCs, recognized that it was particularly difficult to move forward effectively in their work despite the virtual meeting arrangements that had been put in place to maintain a certain level of communication between Members. In that regard, the LDCs thanked the Secretariat and their technical assistance partners who had mobilised to facilitate

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- 4 - at LDC level regular communications on issues that concerned them not only on trade matters in discussion before the crisis outbreak, but also on the impact of the COVID-19 and responses to be provided notably as part of the WTO.

1.18. Despite the global health crisis, Members were experiencing and awaiting a certain return to normalcy in their work and modes of communication with their capitals, the LDCs' positions on various trade-related subjects under negotiation remained broadly the same whether in agriculture, fisheries subsidies or S&DT. The COVID-19 crisis further required Members to move faster towards a result concerning food security in agricultural or fisheries matters.

1.19. For the rest, the LDCs were still looking for a better facilitation of trade in agricultural products, including cotton, to the developed and developing country markets, by solving the problem of domestic support provided by some Members and which distorted markets and penalised the LDCs' ability to better integrate into world trade.

1.20. In terms of fisheries subsidies, the LDCs were looking for a result which took into account the preservation of fishery resources, as well as the application of S&DT provisions which preserved the objectives of food security, job creation and more generally the rights of LDCs' fishing communities and LDCs graduating from their status.

1.21. With regard to S&DT, the LDCs wished that their partners saw that principle as necessary to be integrated into the negotiations and the texts, to take into account their specific constraints and level of needs to facilitate the acceleration of their economic and trade development towards more robustness from which everyone would come out a winner. The LDC Group defended the importance of considering maintaining flexibilities for LDCs on the way out of their status in order to ensure a smooth transition towards economic development.

1.22. The representative of Botswana, on behalf of the African Group, reiterated the Group's position, as had been previously expressed during the virtual Informal HODs meeting on 17 April and the Special General Council meeting on 15 May, that global rulemaking in a time of crisis was difficult to pursue. What was patently clear from the current phase of the pandemic was that there were a lot of unknowns. No one was certain about the duration of the pandemic or how it would evolve across different countries and regions. It should be acknowledged that different countries and regions had vastly different capabilities to address the downturn as a result of the pandemic.

1.23. COVID-19 had accelerated and had magnified deficiencies that had already been present in the world trading and financial governance system. As the COVID-19 outbreak advanced in Africa and its health impact, economic, development and social consequences continued to deepen, it was only logical that Members took time to assess the implications of the crisis. What was becoming increasingly clear was that the crisis was having a disproportionate impact on African countries.

1.24. That underscored the need for trade policy reforms and policy flexibilities necessary to build domestic productive capacities, address strategic vulnerabilities and ensure the resilience needed to overcome the ensuing crisis. Beyond the containment narrative and justifications for the imposition of trade restrictive measures, it could not therefore be accepted that the recovery phase could constitute a return to a business as usual approach.

1.25. Existing asymmetries and inequality in the world economy should be addressed to ensure an inclusive framework to build resilience and that addressed the interrelationship between finance, debt and trade. Rebalancing global rules with a focus on national and regional development objectives and strategic vulnerabilities was imperative. Africa should be allowed to build its capacity and resilience in the face of COVID-19 and further calamities in the context of the African Continental Agreement and in light of the imperatives of Agenda 2063: the Africa We Want.

1.26. The impact of COVID-19 in Members' economies and the global trading landscape should be taken into consideration in the multilateral negotiations when they realised a return to sufficient normalcy to progress their normative agenda. In that regard, several priorities remained high on the African Group's development agenda.

1.27. On agriculture negotiations, significant reforms were necessary in the global agricultural trade that would give all Members a fair opportunity to trade by addressing imbalances arising from trade

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- 5 - distorting domestic support, including on cotton, and the policy space needed to address food security challenges in Africa, especially for the LDCs and NFIDCs.

1.28. On fisheries negotiations, the African Group urged Members to engage constructively on the basis of the draft Chair's negotiating text and reaffirmed its commitment to arrive at an effective, implementable and balanced outcome on fisheries subsidies that delivered on all the aspects of the mandate including S&DT.

1.29. On development, the African Group underscored the importance of strengthening the Special and Differential Treatment provisions to promote inclusive growth and ensure a multilateral trading system that was responsive to the needs of developing countries especially LDCs.

1.30. On e-commerce, the African Group reiterated the urgent need for discussions on the development dimension under the 1998 Work Programme on Electronic Commerce to address the wide gap in the digital divide that had become glaring following the COVID-19 pandemic.

1.31. The representative of Burkina Faso, on behalf of the C-4 and the 36 African Country Cotton and Cotton Product Producers and/or Exporters, associated with the statements made by the LDCs, the African Group, the ACP and the G-90. The C-4 also wished to thank Ambassador Ford for his excellent work during his term, particularly during a difficult period. The COVID-19 pandemic and trade measures had a negative impact on cotton activities. Between March and April 2020, world consumption of cotton lint had fallen by 6.4% while cotton prices had fallen by 26.1% between January and April 2020. Over the same period, world cotton imports and exports had declined by 6.6% and 6.8%, respectively.

1.32. In C-4 countries, on average, 70% of the fibre produced in 2020 was blocked in factories, in transit or in ports, and exposed to the sun and bad weather with the immediate effects of loss of quality and additional costs. The payment to producers had been traditionally made at the end of the cotton season. Given the current blockage of fibres produced, such a condition had the direct consequence of destitution, over-indebtedness and the risk of famine for millions of people.

1.33. Now, more than ever, the cotton sector in LDCs needed the support of development partners to find a lasting solution to the C-4's concerns which should address the devastating impact of the COVID-19 pandemic in an effective and sustainable manner. The C-4, composed of LDCs, did not have substantial resources to create a plan to revive their agricultural sector impacted by COVID- 19 to the same extent as developed Members could offer to theirs – accentuating the imbalances already existing due to trade-distorting domestic support for cotton and cotton-related products.

1.34. To better progress in the negotiations, the C-4 invited the Secretariat to perform a quantified assessment of the economic and social impacts of COVID-19 in the cotton sector of LDCs which were highly dependent on the production, processing and marketing of cotton. Beyond agreeing on an outcome on cotton domestic support by MC12, discussions should be done on concrete proposals to help address the legitimate concerns both on the trade and on the developmental aspects of cotton.

1.35. The C-4 continued to appreciate the commitment of the Members heavily involved in the cotton dossier to continue the negotiations amid the difficult health and economic crisis. For a more productive interaction with their capitals, cotton meetings should be organized as soon as the circumstances become more favourable. Any other possible intermediate approaches such as what the C-4 had put forward that day could follow.

1.36. The C-4 supported a transparent, inclusive and equitable process in accordance with the current procedures to facilitate the appointment, within the timeframe to be agreed, of the next Director-General of the WTO, and to ensure the continuation of the preparations for the organization of MC12 in 2021.

1.37. The representative of Costa Rica, on behalf of the Joint Initiative on Services Domestic Regulation, said that 54 Members had demonstrated their commitment to the process by circulating their indicative draft schedules in which they proposed to inscribe the draft Reference Paper on Domestic Regulation into their GATS Schedules. Most recently, Ukraine had made its submission on 26 March. The exchange of indicative draft schedules constituted an important milestone in those open-ended negotiations. It was a crucial step to further enhance the credibility of and participation

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- 6 - in the process especially in light of the exceptional circumstances of the period. At the last open- ended meeting on 5 March, participants had been able to resolve further outstanding issues in the Reference Paper. Overall, only few issues remained under discussion at the current stage.

1.38. Subsequently, during the current period in which face to face meetings had not been possible, the Initiative had continued working and he had held bilateral and small group consultations, and participants were likewise continuing to work on the few outstanding issues. All delegations he had consulted with had expressed their commitment to the Initiative, had indicated their willingness to keep up the momentum and to adjust their working arrangements, timelines and objectives of the process to the current circumstances.

1.39. Delegations had also reported their continued outreach efforts to Members who were not already part of the Initiative with a view to addressing in a practical and mutually satisfactory way their concerns and interests. The Initiative's commitment was to keep the process open, inclusive and transparent especially under the current circumstances. The Initiative's goal was to deliver an outcome consistent with WTO law and procedures which would contribute to further facilitating services trade and promoting economic growth and development. He invited all Members not already part of the process to engage actively in the discussions and consider joining the Joint Initiative on Services Domestic Regulation.

1.40. The representative of Panama said that his country was focusing on ensuring the adequate supply of essential products to combat the COVID-19 pandemic and to stabilise its economy and society. In that context, Members should continue their efforts to ensure the smooth flow of trade in essential goods and services with a view to avoiding, inter alia, the scarcity of food and medicines. It was therefore important to understand how the WTO and the negotiations could contribute to economic recovery and development given the current circumstances.

1.41. In previous meetings, Panama had expressed its view on the ongoing negotiations. Panama reiterated its willingness to continue WTO work in virtual format accompanied by complementary modalities. The technologies adopted should ensure transparency, inclusiveness, confidentiality and the inter-governmental nature of the processes. Panama remained open to continue discussions, document presentations and transparency exercises in the regular bodies and negotiating groups.

1.42. Panama had co-sponsored with a dozen Members a communication3 in the SPS and TBT Committees requesting Members to suspend changes to their maximum residue levels for plant protection products and to adjust them to international standards to facilitate fair and predictable trade. Panama hoped that technology would help Members debate on the issue. Members should also quickly find solutions for the DSB and the process of selecting a new Director-General.

1.43. On negotiations, while virtual platforms would allow informal meetings and would lay the foundation for future negotiations, now was not the time to use them to negotiate. Such sensitivity extended to the work of plurilateral initiatives to which Panama was part of. Members should nonetheless continue work in all negotiating areas, including services, to ensure a balance of benefits and responsibilities resulting from the various negotiations and discussions.

1.44. During the lockdown, everyone had witnessed how electronic commerce represented a lifeline to secure food, basic services, treatments and health services. Now, more than ever, achieving concrete results in the Work Programme on Electronic Commerce and making the moratorium on customs duties on electronic transmissions permanent had become even more important.

1.45. Panama and other Latin American Members had also presented a room document4 to strengthen WTO work in times of crisis, without pause, but with the flexibility that circumstances required. Panama likewise appreciated the work of the WTO Health Task Force. To support them, Panama suggested the organization of consultations, or an informal meeting, to learn more about the concerns of delegations and perhaps to provide suggestions on how to organize WTO work, whether through virtual means, conducting face-to-face meetings or a mix of both during the

3 The communication can be found in document G/SPS/GEN/1778 – G/TBT/GEN/296. A revision was subsequently circulated in document G/SPS/GEN/1778/Rev.1 – G/TBT/GEN/296/Rev.1. 4 The room document can be found in RD/GC/13 – RD/TNC/2.

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- 7 - pandemic and after it – once restrictions would be relaxed. The practices Members adopted to face the current challenges would have benefits that would be apparent beyond those times.

1.46. The representative of Uruguay, on behalf of the Informal Working Group on MSMEs, extended his appreciation to all delegations that had sponsored the statement on MSMEs bringing the total number of co-sponsors to 52 representing 79 Members including four non-Members of the MSMEs Group. A revised version had been issues on 26 May in document WT/GC/215/Rev.1. He also thanked Members who had voluntarily submitted information on the measures they had put in place to help their MSMEs in those difficult times. He invited others to follow suit. The Secretariat was working on a compilation in that regard. Timely and accurate provision of information on COVID related trade measures reduced uncertainty and allowed MSMEs to make informed decisions.

1.47. Discussions on the set of proposals to form part of a Ministerial Package had continued in an informal mode led by the co-sponsors of the various proposals. Likewise, he was pleased to note that further progress had been made and that several texts seemed to already be stabilised. Another series of informal discussions and webinars were planned in the coming weeks ahead of the group meeting he intended to convene on 21 July using the same platform as what they were currently using. The meeting would be an opportunity to review the various texts and discuss the way forward.

1.48. The representative of Australia, on behalf of the Joint Statement Initiative on E-Commerce and its co-convenors Australia, Japan and Singapore, reported that since HODs in March, the Initiative had made significant changes to its work programme to take into account the COVID-19 crisis including postponing negotiating rounds scheduled for March and April. Instead, in recognition of e-commerce and digital trade during the crisis, the Initiative had held a series of well-attended webinars in early May in partnership with stakeholders.

1.49. Those had explored the emerging digital trade issues in the context of COVID-19 specifically the impact of the crisis on the use of e-payments and e-documents, MSMEs' use of digital tools and the role of data flows. The co-convenors had scheduled a virtual plenary meeting of the JSI on 11 June which would be an opportunity to exchange views on how to advance their work in the coming months and to enable participants to report in intersessional discussions. The Initiative had heard from the business community on the growing importance of the electronic commerce negotiations and looked forward to moving ahead as circumstances permitted.

1.50. The representative of Saint Lucia, on behalf of CARICOM, bade farewell to Ambassador Ford of Guyana and wished him every success in the next chapter of his journey. He stressed that he had represented the co-operative Republic of Guyana with distinction and the CARICOM region had, by extension, also benefited from his sterling contribution to the WTO. His adroit chairmanship of the Committee on Agriculture Special Session had been an inspiration to everyone. CARICOM therefore wished Ambassador Ford

1.51. Members were operating in unprecedented times due to the novel coronavirus pandemic, a period during which their economies had been severely damaged and when their already meagre resources had had to be stretched to the limit. Those times therefore called for new thinking and renewed resolve to advance the work of the organization so that it could fulfil its role as a body dedicated to improving the lives of ordinary people through a fair, predictable and rules-based trading system.

1.52. For CARICOM, backsliding on its commitment to multilateralism was not an option given the central importance of the multilateral trading system to its development. CARICOM therefore urged all Members to sustain their engagement across the range of negotiating files. For its part, the CARICOM Group pledged its commitment to participating in and contributing to the negotiating process in a constructive manner.

1.53. CARICOM also encouraged Members to use that opportunity to reflect on how they could respond to current and future challenges particularly those facing developing and LDC Members. CARICOM was cognisant of the fact that the WTO was going through a process of transition owing to the impending departure of the Director-General in addition to other systemic issues confronting the Membership. CARICOM urged Members to stay the course and recommit themselves to the principles that underpinned multilateralism.

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1.54. The representative of Jamaica, on behalf of the ACP Group, extended the ACP's gratitude to Ambassador Ford for his stewardship of the Committee on Agriculture in Special Session since 2018. He had advanced the work of the CoA SS in a balanced, fair, thoughtful and creative manner. The ACP regretted that he would leave soon as the Group was looking forward to his successful landing of tangible outcomes at MC12.

1.55. The ACP Group commended the Chairman for his initiative to host the Special Virtual Meeting of the General Council on 15 May to exchange views on the impact of COVID-19 on WTO work, on Members' economies and on trade. In addition to the intra-ACP Group work and reflection on the implications of COVID-19, the General Council meeting had led the ACP to conclude that the impact of COVID-19 would be significant and lasting and would require collaboration among all Members to produce mutually beneficial short, medium and long term solutions. The impact would certainly be felt in the work programmes and as a result, the ACP Group urged flexibility, cooperation and diplomacy among the Membership to address issues that would arise. That was particularly important for the negotiating mandate on fisheries subsidies, agriculture, services and S&DT.

1.56. Members should also focus their attention on the nexus between TRIPS and Public Health, particularly as it related to accessibility to and availability of affordable drugs and technologies relevant to their fight against COVID-19. The ACP Group was concerned about export restrictions including on food and medical supplies. Members should be mindful of the manner in which they proceeded in those unforeseen circumstances. They should ensure that their work going forward remained inclusive and transparent. At the same time, as the WTO was important to the global economy, Members should seek to preserve the WTO's core functions and the sustainability of its operations.

1.57. COVID-19 did not issue a licence to ignore WTO rules. The pandemic had also brought to the fore inequalities among and within countries. That served to highlight why S&DT for developing and LDC Members was such an integral part of the architecture of the multilateral trading system and the importance of the many issues contained in the G-90 proposal. The ACP Group reiterated its commitment to an inclusive, transparent, rules-based multilateral system with the WTO as its core institution. The WTO should cater for all its Members. And in their collective effort, attention should be paid especially to the most vulnerable among them – ensuring that the work of the organization enjoyed the ownership of all its Members.

1.58. The representative of Indonesia, intervening under Items 1 and 2, associated with the statement to be made by ASEAN. The pandemic had not only pushed Members' healthcare systems to the maximum of their capacity but had also crucially threatened global economic growth leaving them no choice but to reallocate resources in order to support local business and prevent recession. Current conditions relating to the spread of the virus however indicated that the struggle to maintain health, social and economic stability would persist – and the current phenomenon showed that the developing world was the hardest hit.

1.59. While trade should remain open during those challenging times, any flexibilities undertaken by governments in line with the WTO Agreements should be respected. As could be seen in its COVID-19 notification, Indonesia's response during the crisis was valid. The pandemic showed Members that multilateral trade rules should also ensure basic human rights including food security, access to health and basic support to vulnerable societies which were crucial in this difficult period.

1.60. So far, there had been little progress on the mandated core issues in agriculture and other areas. There was also no clarity on how the would be revived to restore the two- stage dispute settlement system. Continued discussion on fisheries subsidies disciplines whenever possible should not lose sight of the need to support vulnerable coastal communities and small-scale fisheries. Equally, their efforts in agriculture negotiations should also aim at the resumption and advancement of PSH and SSM at the soonest.

1.61. The representative of India said that as many parts of the world continued to witness continued growth in COVID-19 infections and deaths, the primary focus of governments was to ensure the health and safety of their citizens. The exigencies of the current crisis left Members with little bandwidth for negotiations. Several Members had moreover underlined the need to recalibrate their priorities and positions at the WTO to contain the economic and social fallout of the crisis. That

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- 9 - made negotiations in a business-as-usual format difficult. The need of the hour was to use the crisis as an opportunity to build a more inclusive, balanced and resilient multilateral trading system.

1.62. He said that India's priorities at the WTO remained: (i) the resolution of the Appellate Body impasse, (ii) a more effective and lasting way to ensure the food security of the most vulnerable and eliminate the historic asymmetries in AMS entitlements in the , (iii) the urgent need to build the digital capacities of developing and LDC Members in areas like digital skills and broadband infrastructure so that the benefits of the e-commerce applications like e-education, tele-medicine, electronic payments and use of digital platforms for sourcing goods and services were available to everyone including for developing and LDC Members – the requirement of new sources of revenue for developing countries including LDCs had also underlined the need for ending the e- commerce moratorium on imposing customs duties on electronic transmissions, (iv) the completion of negotiations on disciplines on fisheries subsidies with appropriate S&DT for developing countries including LDCs to protect their small and subsistence fishermen and (v) enable the effective use of TRIPS flexibilities to ensure access to essential medicines, treatments and vaccines to all at affordable prices, especially in the context of the COVID-19 pandemic.

1.63. On a personal note, it was time for him to say goodbye as he headed back to India on the completion of his tenure. It had been a privilege working with distinguished colleagues and delegates as well as outstanding professionals from the Secretariat. He would always cherish that experience. He thanked everyone for their friendship and cooperation extended to him and his delegation. During the last three years, the WTO had faced some of the most challenging times. The paralysis of the WTO and its consequential ineffectiveness was no longer a theoretical possibility. It could turn into a tragic reality. Members should altogether ensure that that would not happen.

1.64. India had always valued the multilateral trading system embodied by the WTO not because it had given it special advantages but for its many achievements. The WTO had kept markets open, had prevented trade wars until recently, had contributed to global growth bringing hundreds of millions of people out of poverty and had served as a global public good. Even more importantly, it had huge potential of ushering in economic growth especially for people in the shadows of life and for countries on the margins of development. It would be a sad day indeed, and a lost opportunity, if it failed to deliver on that promise. He would leave with the belief that the ability and wisdom of the membership would help the WTO weather many storms and under the Chairman's guidance the rules-based multilateral trading system would not only endure but would also prevail.

1.65. The representative of wished Ambassadors Ford and Deepak all the best and said that both were leaving at a time when their wisdom was required the most. South Africa associated with the statement made by the ACP and the African Group. That was the first regular meeting of the General Council since the outbreak of COVID-19 which had wreaked havoc across the world. With limited public resources and over-stretched health systems, Africa faced a particularly daunting task in mitigating the effects of the pandemic. The World Bank projected that growth in Sub-Saharan Africa would decline from 2.4% in 2019 to negative 5.1% in 2020. The crisis was felt immediately and most severely by developing Members which had seen capital flight during March much greater than that experienced during the 2008-2009 crisis. That was in addition to fluctuation in currencies that had collapsed in some cases and significant decline in export and remittance earnings, tourism revenues and foreign exchange – that at a time when debt payments had increased. That was the perfect storm. It was therefore not the time for rulemaking. Negotiations should be kept in abeyance to enable Members to respond to the crises.

1.66. The situation called for a reflection on the role of the multilateral trading system in promoting economic recovery. Negotiations and negotiating positions would need to be recalibrated to promote resilience in national economies which was essential for building resilience in the global economy. That necessitated a peace clause for all the government measures implemented in the context of COVID-19 and strengthening S&DT provisions. COVID-19 had highlighted the critical importance of the G-90 proposals in promoting public health, accelerating industrialization, upgrading and modernising manufacturing, promoting technology transfer and closing the digital divide to promote an inclusive digital economy. The G-90 thanked the Members for their responses and was preparing a response in that regard. Meaningful progress in the work of the CTD SS was critical in achieving the SDGs and to promote resilience and economic recovery in the context of COVID-19.

1.67. That also necessitated preserving the multilateral nature of the WTO so as to promote global cooperation rather than plurilaterals that fragmented the multilateral trading system; preserving

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- 10 - policy tools to promote economic recovery; policy flexibility with a view to promote rebalancing between global rules and national economic development imperatives; rules that supported production-led growth, jobs and structural transformation; addressing distortions in agriculture trade and promoting food security; rules on fisheries subsidies that did not constrain the ability of Members to promote sustainable fishing, food security and economic development; review of the moratorium on e-commerce especially in the context of fiscal constraints to implement response measures and economic recovery plans and removing the threat presented by the TRIPS Non-Violation and Situation Complaints to the effective implementation of the TRIPS flexibilities by agreeing that NVC claims were not applicable under the TRIPS Agreement.

1.68. The representative of Vanuatu, on behalf of the Pacific Group, associated with the statements made by the ACP and the LDCs. While negotiations had been stalled due to COVID-19, the Pacific Group thanked the Chairs of the CoA SS and the Negotiating Group on Rules for reaching out to consult Members on how to move the negotiations forward. Following the Special General Council Meeting on 15 May and the CoA SS Meeting on 25 May which had discussed the trade measures imposed by Members, it was clear that recalibration of ambition and priorities to take into account during those difficult times would need to be considered going forward.

1.69. Better clarity on rules for applying export restrictions in both agriculture and industrial goods were needed to prevent future situations which threatened access to essential supply such as food and medicines and medicinal products for small, vulnerable countries that were heavily dependent on imports. The Pacific Group had always emphasised in the Negotiating Group on Rules the need for policy space to develop its fisheries. COVID-19 had reinforced that message to ensure food and livelihood security for SVEs and in particular for SIDS. PSH needed to be considered more urgently than before. The COVID-related trade measures targeting SPS and TBT issues also needed to think about how to assist developing Members in light of those measures.

1.70. The representative of the European Union thanked Ambassador Ford for his work as Chair of the CoA SS, for his dynamism and enthusiasm. Concerning the agenda item, it was important to put the WTO back on track and on negotiating mode. The European Union had noted earlier that week the latest announcement by the Swiss Federal Government and hoped that from June, Members could go back to some kind of physical meetings. The European Union was in favour of continuing such virtual meetings and taking decisions in virtual and written procedures, as appropriate. It was important that Members resumed fisheries negotiations and that JSIs continued as well as agricultural negotiations. The multilateral trading system needed a functioning WTO. The European Union hoped Members were soon leaving that phase and that as of June, they would get their work back on track.

1.71. The representative of Guyana, said that on a personal note, he wished to acknowledge the kind sentiments directed at him over the past week. In particular, regarding the Agriculture attachés, he said that when the agriculture negotiations got more outcomes over the line, they would do so because of the fuel that those Agriculture attachés had provided to drive the process. What progress they had achieved during the past two years was because they had represented their delegations so well and they had made great efforts to walk a mile in others' shoes. He also wished to thank the Secretariat, and in particular the Agriculture and Commodities Division. The work of the CoA SS Chair could not be delivered without their inputs – technical and organizational. He commended the Agriculture Team – Edwini Kessie, Cédric Pene, Ulla Kask, Diwakar Dixit, Marieme Fall, Helen Favez and all the other members of the Agriculture Division.

1.72. He thanked the staff of the Guyana Mission for their support during that period and his co- Chair over the past four years in Geneva and of every Committee that he had ever chaired over the past forty years – his wife – recognising her contribution to the work of the Chair of the CoA SS. He extended his gratitude to all the colleagues he had met in Geneva over the past four years. Their generosity of spirit was what he would remember most. He would leave Geneva in just one month, hopeful and energised, and he thanked them for that. He urged Members to continue wherever they were to work together for the inclusive, sustainable, peaceful and healthy world that they all deserved – specifically to work to establish a fair and market-oriented agricultural trading system that was needed to make that world possible.

1.73. The representative of said that, at the Special Virtual Meeting of the General Council on COVID-19 trade related measures on 15 May, Switzerland had set out the main features of the Ministerial Statement on COVID-19 and the Multilateral Trading System issued as a General

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Council document in WT/GC/212. The Ministers supporting the statement were seeking ways of ensuring the continued cross-border flow of vital medical supplies and other essential goods and services during the health crisis.

1.74. They also wanted to reaffirm that the WTO had an essential role to play in that regard. Switzerland informed Members that the joint statement was currently supported by 46 Ministers responsible for the WTO, representing a broad spectrum of the WTO Membership. A revised version had been circulated that day in document WT/GC/212/Rev.1 to add four new co-sponsors: Mauritania, , Qatar and Seychelles.

1.75. The General Council took note of the report of the Director-General and of the statements5.

2 IMPLEMENTATION OF THE BALI, NAIROBI AND BUENOS AIRES OUTCOMES – STATEMENT BY THE CHAIRMAN

2.1. The Chairman recalled6 that the item had been on the agenda since 2014 for the General Council to continue to follow up on the Ministerial decisions adopted in Bali, Nairobi and Buenos Aires in a transparent manner. Due to the lockdown and the suspension of physical meetings in mid- March, most WTO bodies had not yet met since the last regular General Council meeting. His report that day would be very brief and would only focus on a few matters where there had been some developments to report.

2.2. On the Work Programme on Electronic Commerce, pursuant to the December General Council Decision and following the March General Council meeting, two submissions had been circulated: WT/GC/W/798 on the "Scope and Impact of the e-commerce moratorium" from two Members7; and WT/GC/W/799 on "Broadening and Deepening the Discussion on the Moratorium on Imposing Customs Duties on Electronic Transmissions" from a number of Members8.

2.3. Due to the suspension of meetings, the informal open-ended meeting planned for 16 March to consider those submissions had been postponed. A virtual informal open-ended meeting was tentatively scheduled for mid-July to give delegations the opportunity to discuss the two submissions and any other submission Members could wish to put forward by then. Further information about the meeting would be provided in due course. In line with the Member-driven nature of their work and given the importance of e-commerce as had been highlighted by the COVID-19 pandemic as a number of delegations had just mentioned under the previous item, he encouraged delegations to contribute to discussions in the four mandated bodies by putting forward views and concrete ideas on how Members could move forward with their e-commerce work under the work programme.

2.4. Regarding TRIPS non-violation and situation complaints, the Chair-designate of the TRIPS Council had held some virtual consultations to discuss which topics on the TRIPS Council's agenda could be taken forward in virtual meetings or through alternative/written procedures. In particular, as regards non-violation complaints, delegations had seen no urgency to resume discussions at that stage in light of the postponement of MC12. Some delegations had however suggested that the time could be used to discuss the matter informally to prepare for when physical meetings could be resumed. The Chair had indicated that she would continue to engage with Members on the issue.

2.5. Concerning the Ministerial outcomes on Agriculture, the only development to report was a first recourse to the Bali Ministerial Decision on Public Stockholding for Food Security Purposes. One Member had notified the Committee on Agriculture on 31 March that it had exceeded the de minimis level for rice for the marketing year 2018-2019 and that it had been covered by the Interim Solution set out in the Bali Decision9 and in the subsequent General Council Decision of November 201410. The information submitted under the Decision would be considered by the Committee on Agriculture.

5 At the request of the delegations of Egypt and Gabon, their statements under this item are incorporated in the minutes of this meeting and can be found in Annex 1 of this report. 6 The Chairman's statement was circulated in document JOB/GC/232. 7 India and South Africa. 8 Australia; Canada; Chile; Colombia; , ; ; Republic of Korea; New Zealand; ; Singapore; Switzerland and Uruguay. 9 This Bali Ministerial Decision can be found in WT/MIN(13)/38. 10 WT/L/939.

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2.6. On Preferential Rules of Origin for LDCs, the Committee on Rules of Origin had met on 5 March. At that meeting, the LDC Group had asked for a "stocktaking exercise" to assess how the Decision had been implemented and what the gaps had been. The intention had been to transmit that assessment to MC12 for further work on the simplification of Rules of Origin. At that meeting, there had been a general understanding that an assessment could be undertaken. On Aid for Trade, the CTD Chair had held an information webinar on 27 May for Members on the actions being taken by international financial institutions to support COVID-19 response and recovery.

2.7. He had also noted that he had held a virtual meeting with the Chairs of regular bodies on 27 May and that they had had a useful discussion on a range of matters, including the issues that he had just reported on but also more broadly on key issues for their collective work in 2020 – including working methods in WTO bodies in the current circumstances and discussions taking place in regular bodies on COVID-19 related matters. He looked forward to continuing to engage with the Chairs of all regular bodies to explore synergies and possibilities to enhance coordination in particular in those challenging times.

2.8. The representative of Chad, on behalf of the LDCs, said that the Ministerial decisions which had been taken in the past in favour of the LDCs' better integration into world trade remained a priority. It was a priority for the LDCs and their economies to experience the full operationalization of decisions relating in particular to DFQF market access, the services waiver in favour of LDC service providers and preferential rules of origin in favour of LDCs. The outcomes that were achieved on those trade issues following important negotiations should be concretely realised on the ground.

2.9. The LDCs thanked preference-granting Members who had made effective progress in implementing the decisions taken in favour of LDCs. They encouraged those who had not yet done so to follow suit and were counting on LDCs' trading partners to support them in achieving and improving their exports which were expected to flow from the preferences granted – as they needed to increase their utilization of the preferences granted in their favour.

2.10. The LDCs had made recommendations in that regard and welcomed the work that they had carried out jointly with the Members and the Secretariat with the aim of achieving the operationalization of the Ministerial Decisions in favour of LDCs. However, there was more that Members could do to truly achieve their shared goals of more multilateral integration and better economic and social benefits in line with the Sustainable Development Goals.

2.11. The representative of the European Union noted that, on the Bali Ministerial Decision on Public Stockholding for Food Security Purposes, a Member had invoked that Bali Ministerial Decision for the first time. The European Union was currently examining the relevant domestic support notification and accompanying data and looked forward to a review of the notification in the Committee on Agriculture taking into account the requirements of the Bali Decision.

2.12. On the Nairobi Decision on Export Competition, there were still three Members who had not yet submitted their schedule notifications. The European Union urged the Members concerned to submit the necessary schedule modifications as soon as possible.

2.13. The representative of Switzerland said that the working paper in WT/GC/W/799 entitled "Broadening and deepening the discussions on the Moratorium on imposing customs duties on electronic transmissions" had been circulated on 26 March, sponsored of Australia; Canada; Chile; Colombia; Hong Kong, China; Iceland; the Republic of Korea; New Zealand; Norway; Singapore; Uruguay and Switzerland. Switzerland was pleased to announce that Thailand was also joining the paper as a co-sponsor.

2.14. The submission aimed at capturing and highlighting essential elements of the study issued in November 2019 by the OECD on electronic transmissions and international trade. Switzerland's intention was not to enter that day in an in-depth exchange that the co-sponsors reserved for the structured discussions on the moratorium. Switzerland instead underlined that the OECD study featured some valuable tools to assess the impact of the moratorium in a more holistic manner such as a welfare analysis showing not only the revenue loss for the government but also the welfare surplus for consumers in the absence of duties on electronic transmissions.

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2.15. The study also provided important elements on the negative effects of tariffs on productivity and employment, and took a look at non-discriminatory and more stable taxes such as VAT or Goods and Services Tax. The study also placed potential revenue implications into a broader perspective. The working paper WT/GC/W/799 captured those elements that the co-sponsors considered important to inform the discussions. Switzerland and the co-sponsors were therefore looking forward to engaging with the membership at the open-ended meeting on the moratorium that was tentatively scheduled for mid-July.

2.16. The General Council took note of the Chairman's report and of the statements.

3 WORK PROGRAMME ON SMALL ECONOMIES – REPORT BY THE CHAIRMAN OF THE DEDICATED SESSION OF THE COMMITTEE ON TRADE AND DEVELOPMENT

3.1. The Chairman recalled that in line with the agreement in the General Council in 2002, the Work Programme on Small Economies was a standing item on the agenda and the Committee on Trade and Development reported regularly to the Council on the progress of work in its Dedicated Sessions. In Buenos Aires, Ministers had adopted a Decision reaffirming their commitment to the Work Programme and instructing the CTD to continue its work in Dedicated Sessions under the overall responsibility of the General Council.

3.2. Ambassador Mohammad Qurban Haqjo (Afghanistan), Chairman of the Dedicated Session of the CTD, recalled that a meeting of the CTD's Dedicated Session on Small Economies was supposed to be held on 26 March with the main purpose of providing the opportunity for the Dedicated Session to agree on a text for an MC12 Ministerial Decision on the Work Programme of Small Economies. That would have permitted the Dedicated Session to adopt its report to the General Council which was the usual practice in the run-up to a Ministerial Conference. The formal meeting of the Dedicated Session was supposed to be followed on the same day by a seminar on the opportunities and challenges for small economies in attracting investments.

3.3. In light of the COVID-19 outbreak and the resulting suspension of all meetings at the WTO, neither the formal meeting of the Dedicated Session nor the seminar on attracting investments could be held on 26 March. As MC12 itself had also been postponed, he would need to explore with the SVE Group how the proponents would wish to take things forward in the Dedicated Session in the coming months. On that basis, he would be able to determine when the next meeting of the Dedicated Session could be held.

3.4. The representative of Vanuatu, on behalf of the Pacific Group, associated with the statement to be made by the SVEs. While the cancellation of the Dedicated Session to discuss investment attraction had been unavoidable, the Pacific Group underlined the importance of the Work Programme on Small Economies as the Pacific Group consisted of small, open economies dependent on narrow range of exports and were highly susceptible to external economic and other shocks such as the COVID-19 pandemic.

3.5. The lessons from COVID-19 had reinforced the Pacific Group's vulnerability to depending heavily on imports and on a few key sectors like tourism which had suffered significant and immediate downturn. Members of the Pacific Group had also had to cope with the devastation of tropical cyclones with the Category Five Cyclone Harold at the hype of the COVID preparations – a stark reminder that their region was always in the frontline of climate change – exposing their vulnerabilities.

3.6. While the Pacific Group had improved capacity for disaster preparedness, cyclones were becoming more severe and more frequent. As Members prepared to resume work in the coming months, the Pacific Group called on the support of other Members to help rebuild the Pacific Group's economies in light of COVID-19 in addition to discussing ways in the dedicated session on how to build economic resilience and further integrate SVEs into the multilateral trading system.

3.7. The representative of Mauritius associated with the statement to be made by the SVEs. It was clear that small, vulnerable economies including small island developing States like Mauritius were being hit hard by COVID-19 with wide ranging impacts which ranged from food security, health security and trade, among others. Their vulnerability due to their high dependence on international trade which was due to small domestic markets, remoteness from their main trading partners, the

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- 14 - low diversification, the fact that they were faced with the impact of climate change and natural disaster – those would be further exacerbated by COVID-19.

3.8. Consequently, the socio-economic impacts that the SVEs were going to face would be serious and long-lasting as their authorities struggled to respond to rising unemployment and unprecedented economic downturn. The proposed session on investment attraction had become even more relevant and timely as the inflow of FDIs would be crucial in helping small economies in responding to the crisis. Mauritius therefore requested that the session be held as early as feasible and that the work programme be further strengthened to take into account the unforeseen impacts of the pandemic which were often going to be disastrous on SVEs and on SIDS.

3.9. The representative of Saint Lucia, on behalf of CARICOM, said that CARICOM members continued to grapple with COVID-19 related health and economic crises and the imminent threat of yet another Atlantic Hurricane season as CARICOM was reminded of its unique and acute vulnerabilities. While the people represented by the members of CARICOM were resilient, the pandemic had exposed them to unprecedented levels of economic uncertainty including challenges relating to accessing financing to respond to the health and economic crises.

3.10. The economic fallout had called into question the capacity of the central government to meet debt-related commitments and sustain national social protection programmes. The crisis had called into question CARICOM's capacity to effectively participate in global trade. Given those realties, it was incumbent on the CARICOM Group to remind the membership that the Work Programme on Small Economies had been conceived as a mechanism to identify trade-related measures that could improve the integration of small economies into the multilateral trading system.

3.11. The CARICOM Group was disappointed with the slow progress made towards mainstreaming development provisions relevant to small vulnerable economies into the WTO rulemaking architecture – provisions that would provide the policy space and flexibility necessary to respond to external threats such as COVID-19, rebuild after climate-related events and restore important linkages to global value chains.

3.12. As restrictions were eased and a new normal emerged, the CARICOM Group sought more purposeful engagement on the work programme – an engagement that was energised by deepening and intensifying Members' discussions on key themes that supported the building of resilience through trade. As the Caribbean region prepared to contend with an active 2020 hurricane season, CARICOM urged Members to accelerate the work on the link between natural disasters and trade – a link which the Secretariat through its research work had confirmed as having deleterious impacts on the trade and macroeconomic performance including the debt profiles of many small economies.

3.13. The COVID-19 pandemic had illustrated the importance of digital technology and connectivity in conducting commercial activities. The pandemic had highlighted the technical limitations of small economies insofar as their capacity to effectively participate in the digital economy. A number of technical deficits would need to be bridged in order to accelerate CARICOM's participation in global trade – further underscoring the need for a deeper conversation on how best small economies could close the digital divide and more meaningfully participate in trade through digital platforms.

3.14. The CARICOM Group looked forward to playing an active role in the CTD's Dedicated Session and in so doing would contribute to the Work Programme in the expectation that Members' work would enable a more meaningful participation of small economies in international trade.

3.15. The representative of El Salvador, on behalf of the SVEs commended Ambassador Ford for his leadership and valuable work in the CoA SS. Concerning the agenda item, the SVEs had presented a proposal for a Ministerial Decision on the Work Programme on Small Economies to the Dedicated Session of the CTD on 1 November 2019 including new topics for future work. The SVEs had also proposed the organization of a session on investment attraction which had been supported by the Members of the Committee through consultations conducted by the former Chair. It was supposed to take place back to back with the Dedicated Session on 26 March.

3.16. Unfortunately, the Dedicated Session had been suspended as well as the session on investment attraction given the current exceptional circumstances. Both the future decision of the work programme and the discussion of such an important topic for the SVEs as was the investment

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- 15 - attraction especially in times of COVID-19 were of utmost relevance for the group. The SVEs would engage with the Chair in the near future to put forward some ideas on how Members could make progress in those issues so he could hold consultations with Members on the way forward.

3.17. The SVEs emphasised the additional needs of the most vulnerable Members arising from the COVID-19 health crisis. The crisis was impacting the economies at a global level irrespective of their levels of development. Nonetheless, small and vulnerable economies were at high risk of suffering the most from the effects of the pandemic. The SVEs' economic development and growth projections had plummeted and they foresaw difficulties in all areas of their development. The SVEs therefore appealed to all Members to provide the necessary support to overcome the results of the current COVID-19 pandemic in particular through humanitarian aid and through funds such as Aid for Trade. The SVEs looked forward to using the CTD Dedicated Session for Small Economies as a platform for discussion on ways to rebuild their economies and to enhance their participation in world trade.

3.18. The representative of Barbados associated with the statements made by the SVEs and CARICOM. While the situation surrounding the COVID-19 pandemic had meant that Members were unable to hold a dedicated session on small economies as planned, Barbados was pleased to see that Members had found innovative ways to further some aspects of their work in the regular bodies. Barbados therefore looked forward to convening the planned discussions on investment attraction, small economies, opportunities and challenges.

3.19. Small economies were amongst those most severely impacted by the pandemic. Their response and recovery efforts in that regard would be an important contribution to their fuller integration into the multilateral trading system. The Work Programme on Small Economies and the CTD Dedicated Session on Small Economies were more relevant now, more than ever, and would continue to serve indispensable features of the WTO's work going forward.

3.20. Climate change continued to be an existential threat to many SVEs – both in the Caribbean, Pacific and abroad. Even in the face of the crippling health and economic impacts of the pandemic on their people and their economies, over the next few months, the SVEs could be confronted with a severe climate event which as history had shown had grown in frequency and intensity over the last number of years. There was an undeniable link between the nexus of trade and climate change and trade and natural disasters. Barbados therefore looked forward to the dedicated discussions on trade and natural disasters as had been proposed by the SVEs in 2019.

3.21. The General Council took note of the CTD Chair's report and of the statements.

4 TWELFTH SESSION OF THE MINISTERIAL CONFERENCE – DATE AND VENUE – STATEMENT BY THE CHAIRMAN

4.1. The Chairman said that under this item his intention was to provide Members with an update on his ongoing consultations on the date of MC12, which he was undertaking in light of the recent developments since the last General Council meeting in March. He recalled that the General Council had agreed that MC12 would take place in Nur-Sultan, Kazakhstan, from 8 to 11 June 2020. Following the outbreak of the COVID-19 pandemic and further to an earlier communication from Kazakhstan that MC12 could not take place as scheduled, the Director-General and he had conducted consultations on a possible new date for MC12 and had circulated a report in document JOB/GC/227. Those consultations, as he had also noted in his statement at the Informal HODs virtual meeting on 17 April which had been circulated in JOB/TNC/81 had shown that it had been very difficult to envisage the Ministerial Conference at the end of the year. The options of June 2021 or December 2021 could be envisaged depending on the availability of a suitable venue.

4.2. Subsequently, on 27 April, Kazakhstan had circulated a communication in WT/GC/209 confirming that it had remained ready to host MC12 in June 2021 in Nur-Sultan. In the same communication, Kazakhstan had also asked him as the Chairman of the General Council to conduct consultations on its proposal. Following that request and Kazakhstan's offer, he had held conference call consultations with several delegations including the coordinators of large groups between 28 April – 7 May. Those consultations had shown that all delegations welcomed Kazakhstan's offer. Delegations, including constituencies of large groups, were looking at being flexible and no specific objection had been made to holding the Conference in June 2021.

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4.3. During the consultations, many delegations had also expressed an interest in already setting a specific date as that would be helpful in guiding and driving the work across the relevant areas of the WTO's substantive agenda – as well as in facilitating the necessary logistical preparations. Some delegations had made reference to other expected events on the international calendar for June 2021 so that efforts could be made to avoid scheduling conflicts to the extent that it was possible.

4.4. However, a number of delegations had also expressed concerns that the evolution of the COVID-19 pandemic remained uncertain at that time and that any date set would necessarily need to be considered as a "working hypothesis" subject to an ongoing evaluation and review as conditions became clearer closer to the time – possibly later in the year or in early 2021.

4.5. As it had been the case for the earlier consultations he had conducted with the Director- General, those latest conversations had also shown a broad interest to see a return to the traditional pattern of Ministerial Conferences taking place at the end of the year, every second year. Therefore, that would suggest that, if MC12 took place in June 2021, MC13 would logically take place in December 2023.

4.6. He noted that a formal decision about the new date for MC12 would need to be taken by the General Council. In that respect, in his consultations, he had heard a variety of views about the desired timing of that decision ranging through as far as the July GC meeting. He would therefore continue to consult with a view to setting a precise date for MC12 as a "working hypothesis", and in light of the evolution of the circumstances, at or before the July meeting of the General Council.

4.7. The representative of Thailand, intervening under Items 4 and 5, supported the statement to be made by ASEAN. The COVID-19 pandemic had impacted all Members in terms of their people's health and wellbeing, their economies and food security. In this exceptional circumstance, governments should carefully prioritise and balance their work. Nevertheless, in recent meetings, Members had expressed a shared belief that the WTO played a wider role in mitigating the negative impacts of the pandemic and expediting economic recovery post COVID-19. It was therefore vital that the work of the WTO continued, and that meaningful outcomes were delivered at MC12. To do so, the decision on the date and venue should be made at the earliest to allow Members to work backwards through the availability of a concrete timeframe that would enable all of them to plan and organize their work based on practical goals and targets for important negotiations.

4.8. With regard to Item 5, the DG Selection Process was undoubtedly crucial having great implications for the work of the WTO. The appointment of the next Director-General should be taken with great care and urgency to find the best possible candidate in an expedited manner. Thailand therefore supported the timely establishment of an expedited timeframe for the remaining phases of the DG appointment process prior to the closing date of the nomination of candidates in order to arrive at a decision on the appointment as early as possible, preferably by 1 September 2020.

4.9. The representative of Botswana, on behalf of the African Group, welcomed the offer by the Government of Kazakhstan to host MC12 in June 2021. While it had expressed that the June 2021 date could be considered as a working proposal, the African Group also cautioned against making a hasty determination on the timing for MC12 at the current stage in view of the evolving COVID-19 crisis and the uncertainty it presented. The timing of MC12 should be informed by the ability of all Members to effectively participate. That was especially the case for Africa, where the pandemic was yet to reach its peak. The African Group therefore found the July meeting of the General Council to be a more suitable time to make an assessment of whether the conditions were adequate for a decision on the date for MC12. The African Group remained committed to engage constructively with the Chairman on the matter and counted on his continued openness for consultations.

4.10. The representative of Jamaica, on behalf of the ACP Group, intervening under Items 4 and 5, conveyed the ACP's gratitude to the Government of the Republic of Kazakhstan for its kind offer to host MC12. The convening of Ministerial Conferences was important to the WTO's effective functioning especially at the current period when the organization was faced with unprecedented challenges that placed it at a crossroads in its history. Members therefore were in need of political guidance and mandates to streamline their work in the various areas in Geneva. At the same time, Members should recognize that they were operating in an environment with varying degrees of uncertainties due to the COVID-19 pandemic. As a result, they should seek to mitigate any risk to a

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- 17 - successful MC12 by remaining conscious of the impact of developments on the ground including in the capitals and any COVID-19 international travel restrictions that could be put in place.

4.11. Any date put forward at that time should remain a working proposal. It would also be in the best interest of the WTO to ensure that a proposed date afforded Geneva-based delegations adequate time to make sufficient progress in areas in respect of which they were seeking the decisions of Ministers. The ACP Group therefore welcomed the Chairman's undertaking to continue consultations. The ACP also recommended that Members avoided committing to a date that was in very close proximity to the convening of UNCTAD 15 due to inter alia the strain in the small delegations to prepare for and finance participation in those two Conferences in quick succession especially given that most of their delegations had the same delegates covering both UNCTAD and WTO issues. To address that concern, it was important for coordination to be effective between the WTO and UNCTAD as well as other organizations such as the WHO and the ILO, the latter for example having already scheduled its Labour Conference for June 2021.

4.12. With regard to Item 5, the ACP Group indicated its readiness to engage on that file with the view to contributing to the efforts to facilitate a fair, transparent and inclusive process for electing an interim Director-General and/or a new Director-General. The ACP appreciated the contribution that Director-General Azevêdo had made to the WTO and his creative efforts to adapt the management of the Secretariat to evolving realities. The ACP acknowledged the need to make the transition process as seamless and as efficient as possible and thanked the Chairman for putting that item on the agenda for the meeting so that Members could express their views on the options available. The ACP took note of the Chairman's interest in having the transition process completed as soon as possible and urged him to ensure that the transition process remained Member-driven.

4.13. The ACP Group also urged the Chairman to continue to ensure that the pace at which Members proceeded did not take away from the high standard of transparency and inclusivity that they had become accustomed to. The ACP called on the Membership to proceed with the process in a manner that facilitated an equal opportunity for all candidates who so desired to put their candidacy forward. The COVID-19 pandemic would present some unique challenges to the process. It was not beyond Members' ability to address them in a fair and balanced manner. The ACP Group would want to have all nominees to be given a fair opportunity to present their ideas to officials in capitals and delegations in Geneva alike virtually or otherwise. The WTO was at a crossroads and the outcome of the process would play a key role in how they moved forward.

4.14. The representative of Paraguay intervened under Items 4 and 5. He first extended heartfelt thanks to Ambassador Ford who, as Chair of the CoA SS, had made significant efforts from the very beginning to make progress in the very difficult agriculture negotiations showing constructive leadership which was sorely needed in the organization.

4.15. With regard to Item 4, Paraguay thanked and supported Kazakhstan for offering again to host MC12 in Nur-Sultan when circumstances permitted either in June or December 2021. The holding of MC12 should be constantly evaluated by Members, taking into account the priorities and resources of their governments in 2021 which would revolve around the management of the health crisis generated by COVID-19 and the recovery of their economies after the pandemic. Paraguay called on Members to take into account national restrictions on travel and the movement of people and to reflect on possible contingency plans in the face of uncertainty.

4.16. With regard to Item 5, Paraguay thanked Ambassador Walker for proposing to expedite the deadlines for the appointment of the new Director-General. Paraguay supported the process led by the Chairman including any possible expedited deadlines. As a defender of the multilateral trading system, Paraguay reiterated its commitment to the work of the organization and encouraged the Membership to redouble its efforts in order to obtain concrete results that would allow them to mark a turning point in the history of the WTO.

4.17. The representative of Brazil thanked Kazakhstan for offering to host MC12 by mid-2021 and supported that offer. Brazil was ready to start working on a negotiation package for MC12. Members had been presented with a second chance – one more year to prepare a package that included as initial priorities negotiations in agriculture including domestic support and SPS provisions; the conclusion of fisheries subsidies; JSIs on e-commerce, domestic regulation and investment

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- 18 - facilitation; horizontal disciplines that would level the playing field in trade rules; transparency and notifications. Members should not waste that opportunity.

4.18. The representative of Viet Nam, on behalf of ASEAN, intervening under Items 2, 4 and 5, said that ASEAN reaffirmed its full support for open, inclusive, transparent, non-discriminatory and rules- based multilateral trading system embodied in the WTO. Discussions on WTO reform should continue to ensure that the WTO remained relevant in the rapidly evolving global environment especially given the impact of the COVID-19 pandemic on trade, supply chains and government policies. ASEAN would cooperate with other Members to elect a new CoA SS Chair.

4.19. With regard to Item 2, ASEAN appreciated Members' efforts in implementing the Ministerial Decision from Bali, Nairobi and Buenos Aires. ASEAN hoped that all of those Ministerial Decisions would be fully implemented so that the LDCs would reap tangible and meaningful benefits.

4.20. With regard to Item 4, ASEAN appreciated the offer of the Government of Kazakhstan to host the Twelfth Ministerial Conference in June 2021. ASEAN supported a favourable decision on Kazakhstan's offer to set a date and venue of MC12 as it gave impetus to their work and enabled them to chart a clearer course towards MC12.

4.21. With regard to Item 5, ASEAN thanked the General Council Chairman for his communication in document JOB/GC/230 to launch the Appointment Process for the next Director-General of the WTO. Given the circumstances and challenges faced by the WTO on the global economy as a whole, ASEAN committed itself to close cooperation and coordination with other Members to achieve consensus on the appointment of a new Director-General as early as possible on the basis of merit and competence.

4.22. The representative of the Republic of Korea noted that the current challenges underlined the significance and importance of MC12. It would be a crucial occasion to display the resilience and relevance of the WTO and an important steppingstone for longer term WTO reform. In addition, it would provide a concrete target towards which the Members could work constructively and cooperatively with each other. The renewed offer from Kazakhstan to host MC12 in 2021 had been duly noted. The Republic of Korea looked forward to a more concrete discussion with other Members and a decision on the date and venue of MC12 at a General Council meeting going forward.

4.23. The representative of Hong Kong, China thanked Kazakhstan for proposing again to host MC12 in June 2021. While there could be inevitable uncertainties on the pandemic in 2021, it was the right time to plan ahead for holding MC12 at an earliest practicable time while continuing to monitor the situation. In the meantime, the postponement of MC12 did not necessarily mean that Members had to put on hold all the possible deliverables that they had been working so hard for. While Members continued to deliberate on the arrangements for MC12, Hong Kong, China encouraged Members to be creative and flexible in exploring different ways to advance work in various areas. By faithfully carrying out its functions, the WTO could help mitigate the negative impact of the pandemic on international trade flows and create a conducive environment for the recovery of the global economy.

4.24. The representative of Barbados thanked Kazakhstan for its continued commitment to host MC12 and acknowledged the importance of convening that very important Ministerial Conference given the threats and challenges that had plagued the multilateral trading system and by extension the WTO in recent times. Barbados was confident that in due course, Members would arrive at an agreement on the date and venue of the next Ministerial Conference. Over the last few months, Members had paid and adapted attention to a new normal in terms of the way in which they worked. That had not necessarily been conducive to them being able to undertake all levels of discourse that predicated them taking decisions and there remained much uncertainty surrounding how the pandemic would continue to impact them in Geneva and in their respective capitals.

4.25. The critical aspects of the timing of the Conference would have to be the reopening of the individual capitals noting that the reaction time for all Members could be different and the level of progress that they could reasonably foresee in their deliberation in the WTO. Members should be cognizant that in light of the extenuating circumstances caused by the pandemic, at 2021, there would be an extraordinarily busy year. It was therefore critical that the timing of MC12 did not conflict with other major meetings on trade and development. Delegations in Geneva would also need to consider the timing of UNCTAD 15 in Barbados particularly if they were to ensure that MC12

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- 19 - and UNCTAD 15 were given the eminence that they deserved and to allow for the appropriate, adequate time for any negotiations for the outcomes and the necessary preparations for each capital.

4.26. Barbados was acutely aware that for many capitals particularly developing and LDC Members with limited capacity in Geneva, the same delegates often covered both WTO and UNCTAD issues and that for many of those countries, their ability to finance and attend two Conferences held in close proximity would most likely be challenging. Barbados was supportive of a decision which would allow for adequate time to elapse between those two very important conferences. There should therefore be close collaboration and consultation between UNCTAD and the WTO. Barbados had listened carefully to the Chairman's statements and those of other Members. Barbados welcomed the opportunity to revisit the date and venue for MC12 as the situation became clearer.

4.27. The representative of Tanzania, intervening under Items 4 and 5, associated with the statements made by the African Group and the ACP. She expressed her desire to maintain the excellent relations existing between Tanzania and the WTO and assured Members of her government's continued commitment to the pursuit of welfare and an equitable and inclusive rules- based multilateral trading system that ensured development of all Members.

4.28. With regard to Item 4 concerning the proposal submitted by Kazakhstan to host MC12 in June 2021, Tanzania had no objection. Tanzania however expressed its concern regarding the evolvement of the current situation under COVID-19. Tanzania was uncertain of whether Members should make such a decision during that meeting when no one knew for sure how the situation would look like in 2021. It would therefore be reasonable and fair to provide Members more time to assess the situation and to defer the final decision on that matter to the next General Council meeting.

4.29. With regard to Item 5, Tanzania associated with the statements made by the African Group and the ACP. Tanzania remained grateful to the excellent service and commitment of the outgoing Director-General. He would be remembered by his contribution to the multilateral trading system particularly on the historic decisions reached in the Ministerial Conferences in Bali and in Nairobi. Tanzania had received the decision of the Director-General to relinquish his post early with astonishment. Tanzania however respected him with his decision. The decision came with enormous challenges to Members especially during COVID-19 pandemic struggles.

4.30. The reason behind the proposal to expedite the appointment of the new Director-General was good and reasonable. The timeframe between the closure of nominations and relinquishment of the post by the Director-General was however relatively short – less than two months and with the summer break in between. Any approach adopted in that process should guarantee Members that the new Director-General would be appointed before the departure of the incumbent. At the same time, it was worthwhile to consider following the normal procedure as it related to meeting the candidates and affording Members sufficient time to be consulted.

4.31. The representative of the Russian Federation bade farewell to Ambassador Ford who had been leading the CoA SS with the highest level of professionalism and fairness. The Russian Federation welcomed and supported the proposal of Kazakhstan to host MC12 in June 2021. The reservations mentioned by several delegations were quite relevant and understandable. Defining the exact date in June 2021 while considering those dates as "working hypothesis" would be the right decision.

4.32. The representative of the Dominican Republic thanked Ambassador Ford for his leadership and work in trying to move forward the agriculture negotiations. The Dominican Republic recognized the great progress made by the Swiss Confederation in fighting COVID-19 and thanked them for their efforts in trying to guarantee the health and safety of all delegations including through the guidelines followed by organizations. As measures adopted by the Swiss Confederation had become more flexible, the necessary consultations should take place to understand the Members' positions regarding the possible resumption of face-to-face meetings before the end of summer. All health measures should be respected in all face-to-face meetings if those meetings would recommence soon. The Dominican Republic welcomed the initiative that had been put forward by some Members in that regard.

4.33. Members should continue with their work that had been left outstanding while respecting health measures. Any face-to-face meeting should meet social and physical distancing measures and should respect the guidelines set by Switzerland. If Members could not hold meetings of the

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- 20 - various bodies at the same time, face-to-face as in the past, then hybrid mechanisms should be considered so that they could have their work move forward in order to meet the objectives that they had set themselves in particular in the lead up to MC12.

4.34. The representative of India said that deciding the date of the much delayed Twelfth Ministerial Conference remained a matter of urgent priority for the membership. India thanked Kazakhstan for its early decision to re-offer hosting MC12 in June 2021 at Nur-Sultan despite the continued global uncertainty associated with the COVID-19 pandemic. Since that was the only offer on the table, the Membership should seriously consider accepting that proposal subject to global public health conditions being suitable for all delegations to participate in the meeting.

4.35. The certainty of dates for MC12 had the advantage of allowing Members to work collectively towards implementing a work plan with appropriate markers and ambition for outcomes by then. An early decision on the issue would also help mute criticism that the WTO had not held a Ministerial Conference at a critical time when both trade and the rules-based multilateral system had been under serious threat.

4.36. The representative of Chinese Taipei commended the Chairman for his efforts in consulting Members on this matter and registered Chinese Taipei's willingness to join the emerging consensus for Kazakhstan to host MC12 in 2021 and looked forward to a successful MC12 in Nur-Sultan.

4.37. The representative of Ecuador, intervening under Items 4 and 5 commended Ambassador Ford for his work in leading the agriculture negotiations and hoped that all of his efforts would lead to a significant outcome in agriculture in 2021. Ecuador associated with the statement made by the SVEs under Item 3 and acknowledged the efforts of the Director-General, the Chairs of the WTO bodies and the Members that led the Joint Initiatives. Ecuador reaffirmed its commitment to all the work within the organization and was determined to move forward while taking into account the severe limitations imposed during this period.

4.38. With regard to Item 4, Ecuador thanked the Government of Kazakhstan for its generous offer to host MC12 in 2021 and hoped the circumstances around the world by then would enable Members to travel and attend the Conference. At the same time, Members should be open to any possible changes that could be required so that they could fully and effectively participate at MC12. Ecuador would continue to work effectively to try to ensure that the outcomes at MC12 would be substantial.

4.39. With regard to Item 5, Members should ensure, particularly given the current circumstances, that the transition between the incoming and the outgoing Director-General would be as smooth and as rapid as possible. Ecuador assured the Chairman and the Members of its support for the changes introduced by the Chairman and for any amendments that could be required to the timeframe established for the Appointment of the Director-General. In that process, the Chairman should ensure transparency and full participation of Members.

4.40. The representative of Cameroon welcomed the new offer from the Government of Kazakhstan to host MC12. Cameroon had no reservations as had been indicated in the statements made by the African Group and the ACP. Members should not however set a fixed date for the Ministerial Conference at that time because they needed to ensure that there was a possibility to consider other events that they could be involved in, such as UNCTAD 15. Apart from the date, the success of the Conference should be their priority if they were to build an organization that took into account the great expectations that many Members had had in the organization for so long.

4.41. The representative of the European Union thanked Kazakhstan for its offer. Members should urgently set a date so they could already start planning. Such date would be under constant review to assess the situation. There was no reason not to fix a date as early as possible. The European Union agreed with the suggestion of taking that decision at the General Council meeting in July.

4.42. The representative of Nigeria associated with the statements made by the African Group and the ACP. Nigeria had no objections for MC12 to take place in Kazakhstan. Nigeria thanked Kazakhstan for its kind offer. The timing was however too early to be determined in view of the current global challenges of COVID-19. No one had certainty of how soon it would allow Members to freely attend such international meetings. For the sake of having a work plan, Nigeria could however work with the one proposed which was June 2021.

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4.43. The representative of Afghanistan, intervening under Items 4 and 5, said that Afghanistan fully supported Kazakhstan's offer to host MC12 in June 2021 in Nur-Sultan and thanked Kazakhstan for the proposal. Given the importance of the event and the fact that for the first time a Ministerial Conference had been planned to be convened in a city of an Article XII Member and in the central Asian region, Afghanistan encouraged all Members to extend their support to Kazakhstan's offer.

4.44. With regard to Item 5, Afghanistan expressed its regret on the decision of Director-General Azevêdo to depart earlier from his position. Afghanistan however associated itself with the Chairman's statement and supported the initiation of a rapid appointment process of the new Director-General in accordance with the relevant procedures.

4.45. The representative of Singapore bade farewell to Ambassador Ford and thanked him for his sterling efforts in steering the CoA SS. Concerning the date and venue of MC12, Singapore thanked Kazakhstan for its generous offer. Members needed to agree on the date as soon as possible so that they could be fair to Kazakhstan as the host in order to facilitate its preparations. It would likewise give greater clarity to all of them in terms of their work in the lead up to MC12. Recognising that the current COVID-19 pandemic situation was still fluid and uncertainties remained, Members should nevertheless come to a decision quickly while recognising that the decision would not be carved in stone and that there should be flexibility.

4.46. The representative of Kazakhstan thanked Ambassador Ford in particular for his dedication, enthusiasm and hard work as the CoA SS Chair to make progress in the agriculture negotiations. Kazakhstan had taken note of all statements in support of Kazakhstan's new proposal with a new date and of the reservations expressed in the statement regarding the overall public health situation related to COVID-19. Kazakhstan stood ready to engage with delegations if there were any questions or any new ideas with regard to the date and venue of MC12.

4.47. The General Council took note of the Chairman's report and of the statements.

5 PROCESS OF APPOINTMENT OF THE NEXT DIRECTOR-GENERAL – STATEMENT BY THE CHAIRMAN

5.1. The Chairman recalled that, following the announcement made by the Director-General on 14 May that he would step down on 31 August 2020, at the end of the Special General Council meeting on 15 May, he had indicated that he would be immediately engaging with Members with a view to initiating as soon as possible a process for the appointment of a new Director-General, as set out in the Procedures for the Appointment of Directors-General adopted by the General Council in 2002 and contained in WT/L/509.

5.2. On 18 May, he had sent a first communication to all Members. Subsequently, on 20 May he had circulated the communication in JOB/GC/230 in accordance with the Procedures formally notifying Members of the start of the process on 8 June. In line with Paragraph 8 of the Procedures, Members should have one month to nominate candidates – that was until 8 July. The Procedures also provided that nominations should be submitted by Members only and in respect of their own nationals. Immediately after 8 July, he would circulate a consolidated list of candidates. That would conclude what he would call "Phase One" of the process.

5.3. What could be called "Phase Two" of the process provided that "the candidates shall have three months to make themselves known to Members". That phase also involved a Special General Council meeting "as early as possible" after the closing of the nomination period – that was after the closing of Phase 1 where the candidates would be invited to make presentations including on their vision for the WTO followed by a question-and-answer session.

5.4. And lastly, "Phase Three" of the process was the consensus-building phase. Following Paragraph 8 of the Procedures, that Phase "shall be devoted to selecting and appointing one of the candidates" through a consultation period to, following Paragraph 15 of the Procedures, "narrow down the field of candidates" to arrive at a choice for appointment. In that phase, the Chairman of the General Council would be assisted by the Chairs of the and the Trade Policy Review Body, acting as Facilitators. They would be Ambassador Dacio Castillo (Honduras) and Ambassador Harald Aspelund (Iceland), respectively. As had been set out in Paragraph 6 of the Procedures, the Chairman and the Facilitators' aim would be to encourage and facilitate the building

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- 22 - of consensus and assist Members in moving from the initial field of candidates to a final decision on appointment. As per Paragraph 15 of the Procedures, that phase was to be completed within two months from when it started.

5.5. Phase One was fixed to a one-month duration and would end on 8 July. And in his view the General Council meeting with candidates could already take place in the week of 13 July, in line with the Procedures. As for the duration of Phase 2 and Phase 3 he noted that, in line with Paragraph 23 of the Procedures which foresaw that in the event of a vacancy in the post, the General Council Chairman could establish expedited deadlines in consultation with Members as necessary. He had had some initial discussions with group coordinators, and he would be consulting with Members on the matter after the General Council meeting.

5.6. His hope was that Members could have clarity on the expected duration of those two phases by 8 July, i.e. by the end of Phase One at the latest. That was because he believed it would only be fair to the candidates and to the whole Membership to know by that time what the expected timeline for the process would be. He also recalled that in line with Paragraph 1 of the Procedures, the process had to be guided by the best interests of the organization, respect for the dignity of the candidates and the Members nominating them, and by full transparency and inclusiveness in all stages.

5.7. In concluding and as he had just said, following the meeting that day, he would be looking to consult with Members with a view to establishing expedite deadlines as necessary and with the objective to have clarity on the timeline for the appointment process by the end of the period for nominating candidates.

5.8. The representative of Botswana, on behalf of the African Group, had noted the Chairman's intention to explore with the membership the prospect of establishing expedited deadlines and the African Group looked forward to discussing further with him on the practical timeline that could be agreed, in view of the importance of the post of the Director-General and the crisis facing the organization. As Members moved forward with the DG Selection Process, the African Group reiterated its earlier stated expectation that whatever timelines were adopted, the process should be both transparent and inclusive of the participation of all Members.

5.9. The African Group held those principles in high regard as they allowed them the opportunity to be assured that due process was being followed in line with the procedures and that at all times Members knew what to expect throughout the Selection Process. An inclusive and transparent approach was critical to ensure that the DG Selection Process and the incoming Director-General enjoyed the trust and confidence of all Members and Parties involved. The African Group likewise expressed its confidence in Ambassador Castillo and Ambassador Aspelund in their respective roles as Chairs of the DSB and of the TPRB that they would help the Chairman throughout the process.

5.10. The representative of Mongolia, on behalf of the Asian Group of Developing Members, bade farewell to Ambassador Ford and Ambassador Deepak and thanked them for their commitment and contributions. The Asian Group of Developing Members attached high importance to the appointment of the next Director-General and supported the immediate start of the process in light of the exceptional situation. The process of Selection and Appointment of the Next Director-General including the organization of meetings with all candidates for the position of the Director-General should be guided by the principles of transparency and inclusiveness as had been set out in the Procedures of the Appointment of the Director-General adopted by the General Council in 2002 contained in document WT/L/509.

5.11. The Asian Group of Developing Members recommended scheduling not only one meeting in July in the week starting from 13 July, but also several meetings onwards, including physical meetings with all candidates. In view of the exceptional situation that Members were currently facing, the expedited process could be needed. Important months were ahead – the months when consultations would take place and when the decision would be taken. The Group assured the Chairman of its constructive engagement in that process.

5.12. The representative of Brazil said that there was an urgent need to expedite the DG Process and to conclude it by the end of August. That was a crucial juncture for the WTO and the multilateral trading system, as high-level political leadership would be vital for the organization. Members should therefore be looking for a candidate that matched the high standards set by Director-General

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Azevêdo which included, among others, the capacity to work together with all Members and construct bridges, the respect for Members' positions and the political standing and knowledge for facilitating agreement among Members.

5.13. The representative of the Dominican Republic said that Members needed to initiate a process to appoint a new Director-General as they needed the leadership of a new Director-General to carry out the ongoing work in the organization, particularly given the economic impact of the COVID-19 pandemic. The Dominican Republic would follow the guidance of the Chairman that there should be a transparent and inclusive process involving all Members. The Dominican Republic supported the idea of adapting the process of appointing a new Director-General to the current circumstances while still following the relevant procedures adopted by the General Council in 2002.

5.14. With the Ministerial Conference being just around the corner and given the current circumstances, the deadlines set for the process could be shorter than the usual. In appointing a new Director-General, consensus should in any case be achieved through consultations that should be carried out in an inclusive manner. The work involved in appointing a new Director-General was important for the benefit of the multilateral trading system. The Dominican Republic therefore intended to participate in the process and would lend its full support to the process as it had done in other areas – also with the support of the Chairs of the DSB and TPRB who would help the General Council Chairman in the process.

5.15. The representative of Chinese Taipei deeply regretted the early departure of Director-General Azevêdo and thanked the him for his consideration which would enable Members to focus their attention in 2021 on the preparations for MC12. Chinese Taipei supported the Chairman in his effort to establish an expedited timeframe to appoint the new Director-General and urged Members to support that important task. Given the limited time Members had, the candidates should make themselves available in any form possible to answer questions from Members during the campaign period.

5.16. Chinese Taipei encouraged the Chairman to set an ambitious goal for each phase that would conclude before the end of August so that the new Director-General could seamlessly continue Members' valuable work in Geneva. If such goal could not be achieved, the acting Director-General should be identified and announced at the earliest date. Chinese Taipei called on Members to work closely together to find a new Director-General who had both passion and leadership skills and who could unite them in moving forward towards the future.

5.17. The representative of Cameroon associated with the statements made by the African Group and the ACP. Cameroon assured the Chairman of its support and welcomed the wisdom with which he was conducting Members' work. Cameroon reiterated its attachment to multilateralism and the consensus-building process enshrined in WTO Agreements. Cameroon was deeply convinced that building and reinforcing consensus should be a pillar of Members' decision-making process now, more than ever. Cameroon would therefore always give due consideration to any solution which had the approval of all Members.

5.18. Rules that governed the organization could be perceived as general norms and standards agreed upon by all Members. They therefore formed the cornerstone of consensus in a rules-based organization. Cameroon noted that the selection process had failed so far to a certain extent to comply with the rules and procedures that governed the appointment of the Directors-General as contained in document WT/L/509. That opinion had been conveyed to the Chairman during his consultations with the African Group.

5.19. Paragraphs 1, 2 and 3 of the Procedures outlined the general principles that should guide the process. Paragraphs 1 to 3 provided that, "(1) The appointment process shall be guided by the best interests of the organization, respect for the dignity of the candidates and the Members nominating them, and by full transparency and inclusiveness at all stages, building on the best practices established over the past years with regard to internal transparency and participation of all Members. (2) The overriding objective of Members in this process shall be to reach decisions by consensus. (3) The process leading up to the decision by the General Council to appoint a Director-General shall be conducted by the Chair of the General Council in consultation with Members and in accordance with the procedures set out herein."

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5.20. In addition, Paragraph 23 of the Procedures stated, "In the event of a vacancy in the post of Director-General, the General Council shall designate one of the existing Deputy Directors-General to serve as Acting Director-General until the appointment of a new Director-General. The Chair of the General Council shall initiate, as soon as possible, a process for appointment of a new Director- General, in keeping with the procedures set out herein, and may establish expedited deadlines as necessary in consultation with Members."

5.21. Once the post was deemed vacant by the General Council, Paragraph 7 of the Procedures applied which implied that the process should start at the end of the four-year mandate. Therefore, unless there was a contrary decision to that effect, the General Council should start the selection process in the nine months prior to the end of the Director-General's mandate which was the end of August. Before launching the process, the General Council should appoint an interim Director- General. That was the point of Paragraph 22 which talked about appointing a Deputy Director- General in the interim period.

5.22. Before the Director-General's resignation took effect, Cameroon would like to know whether Members could already appoint an interim Deputy Director-General, whether communications about the process had already been published in all of the WTO official languages and whether any reservations about the decision-making mechanism had been taken into account. While Cameroon welcomed the willingness of all Members and of the Chairman to proceed judiciously in the process, it would be worthwhile for Members to be cautious in moving forward as it was their collective responsibility to take good decisions. It was also their duty to continue to find ways in which they could overcome any obstacles in their path. Cameroon had no doubt that that was the spirit that the Chairman was pursuing.

5.23. Cameroon had always opted for consensus. Therefore, yet again and as always, Cameroon would like to continue the process with the mechanisms that had already been launched. At the same time, Cameroon did not want to set an unwanted precedent. Cameroon remained ready and willing to work together with the Chairman and with all other delegations in the Selection Process to appoint a new Director-General. Cameroon would also make its contribution in the interest of achieving Members' common objectives in order to have a transparent system based on solidarity which the Director-General said he wanted for them. Cameroon pledged its support to the Chairman.

5.24. The representative of , intervening under Items 4 and 5, commended Ambassador Ford for his commitment to advance the agriculture negotiations and lead productive discussions over the past two years. Turkey also appreciated Ambassador Deepak for his friendship, sincerity and dedication. The WTO had been going through certain challenges and moving forward with the formal negotiating agenda remained a key objective, and there was still work to do. COVID-19 had brought about a new landscape with unique problems and challenges which would necessitate new approaches and solutions. Completing the appointment process of the new Director-General as smoothly as possible and committing to a target date for MC12 would keep Members engaged and focused to overcome the current challenges in advancing their work.

5.25. With regard to Item 5, the Director-General's role to carry the organization forward was important and the next Director-General would face that challenge the very first day in office. Turkey thanked Director-General Azevêdo for his leadership and efforts for the WTO and the multilateral trading system for the last seven years. Turkey hoped that his decision would serve its purpose and wished him and his family all the best in their future endeavours.

5.26. With regard to Item 4, Turkey thanked Kazakhstan for renewing its offer to host MC12 and supported Kazakhstan's bid. Turkey likewise understood the concern raised by some Members on trying to determine the exact dates for MC12 due to the COVID-19 related developments. Turkey therefore welcomed the idea to approach that matter from a "working hypothesis" angle and would continue to constructively engage and work with all Members on both processes.

5.27. The representative of Zimbabwe bade farewell to Ambassador Ford and Ambassador Deepak and thanked them for their extensive and deep knowledge. Zimbabwe associated with the statements made by the African Group and the ACP. On 14 May, the Director-General had announced his intention to step down from his position on 31 August. Zimbabwe was grateful for his service to the rules-based multilateral trading system. In light of the impending departure of Director-General Azevêdo, Members should agree on the procedures and timelines for the Appointment of the next

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Director-General. Zimbabwe extended its gratitude to the Chairman for taking the initiative and beginning the consultations with the view to ensuring a smooth and seamless transition.

5.28. The situation Members found themselves in called for reflection, patience and due diligence. The challenges that the WTO faced such as COVID-19, climate change and trade protectionism, among others, required Members to ensure that they had the right person to take the organization forward. As Members, it was their responsibility to undertake the process in good faith and for the sole objective of attaining the best interest of the organization. The letter and spirit of the procedures outlined in document WT/L/509 remained integral in any future selection processes. Those procedures provided certainty, transparency and inclusivity as principles which were integral in any selection process and ensured that the organization was led by the best possible candidate.

5.29. It would be in the best interest of the WTO and the DG-appointee if that person commanded the respect, trust and confidence of the Membership. On proposals to reduce the timelines in the Selection Process, Zimbabwe cautioned against an overly expedited process which could serve to curtail adequate consultations on a bilateral, regional and multilateral level. Prospective candidates would need time to reach out to Members who were more often than not preoccupied with mitigating the impact of the COVID-19 pandemic. Zimbabwe remained flexible and accommodative bearing in mind the need for due process and allowing sufficient time for consultations to be carried out.

5.30. The representative of Saint Lucia, on behalf of CARICOM, stressed that, as Members contemplated the appointment of the next Director-General, the process should be fair, open and transparent. Members should take into account the current challenging environment brought about by the novel coronavirus pandemic. Allowing capitals to fully assess candidates would be difficult particularly given the travel restrictions put in place across the globe.

5.31. In the event that such travel restrictions persisted and made face-to-face démarches impossible, virtual sessions with candidates could be considered by the Secretariat. The next Director-General should be equipped to engage capitals in a meaningful way that built consensus in order to take forward the work of the organization. CARICOM stood ready to play its role in that very important transition phase of the WTO.

5.32. The representative of Chad, on behalf of the LDCs, noted that appointing a new Director- General was a major responsibility. The LDCs encouraged the Chairman to ensure that the process followed the rules and procedures of the WTO and knew that they could count on him for that. The LDCs remained cautiously optimistic in that process even if they had not yet expressed a common position given the configuration of the group and its multi-regional nature. The Group nonetheless intended to take part actively and encouraged all Members to be actively involved in the process. The LDCs wanted its concerns to be adequately taken into account and recalled the importance of having a process that was as inclusive as possible, transparent and equitable for the LDCs.

5.33. The representative of India wished to place on record India's deep appreciation of the outgoing Director-General's leadership of the WTO during the last seven years. India would always cherish his contribution. India appreciated that the Chairman had wasted no time in announcing the commencement of the Selection Process and hoped that throughout the process, the Chairman and the Facilitators alike would strive to ensure that it remained a fully transparent and an inclusive process in full conformity with the procedures outlined in document WT/L/509. India would support the Chairman's efforts towards that end.

5.34. India understood the need for completing the selection process as early as possible so that the WTO was not devoid of leadership during that critical period. India therefore welcomed the Chairman's alacrity in consulting Members and stood ready to work through the month of August to support the work of the WTO including the DG Selection Process. India also hoped that, as the Chairman took the process forward, he would give due consideration to the requests and suggestions of developing and LDC Members as they looked forward to actively participating in the new DG Selection Process.

5.35. The representative of Canada urged the Chairman and the membership to complete the process as soon as possible. It was in the best interest of the membership to ensure that there was no gap between Directors-General. Canada was looking forward to an open, transparent and rigorous process and welcomed all qualified candidates, including in particular women. Canada would judge

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- 26 - all candidates objectively and fairly based on their merits. The next candidate should possess a number of characteristics including being a superior communicator, having extensive experience in trade policy and in multilateral affairs and having a proven track record in managing a diverse, multicultural workplace that promoted inclusiveness and a zero tolerance policy on discrimination and harassment.

5.36. The representative of Egypt bade farewell to Ambassador Ford and Ambassador Deepak and wished them both the best in their future endeavours. Egypt associated with the statement made by the African Group and thanked the Chairman for his efforts in leading the process of the appointment of the next Director-General. Egypt reiterated its confidence in the Chairman's ability to conduct the Selection Process in a transparent and inclusive manner at all stages. Egypt regarded the successful conclusion of the process as an urgent priority and Members should spare no efforts to that end. As for the Chairman's proposal to expedite the process of appointing the next Director- General and in accordance with the procedures of 2002, Egypt welcomed his kind endeavours on that matter given the current exceptional situation and looked forward to discuss with him and the Membership any suggested expedited deadlines that served the purpose.

5.37. The representative of Nigeria associated with the statements made by the African Group and the ACP and commended the Chairman for the extensive consultations he had held to ensure that the views and opinions of Members guided the DG selection process. Nigeria took note of the Chairman's desire to explore the possibility of fast-tracking the DG Selection Process given the short available time before the exit of the current Director-General. Nigeria looked forward to further discussions on the issue with the Chairman and other Members to ensure that whatever timeline Members adopted, they would not lose sight of the wisdom of the General Council that underpinned the adoption of the procedures set out in document WT/L/509.

5.38. It was also of critical importance that the DG selection process was open, transparent and inclusive so as to guarantee equal opportunities for candidates. That would not only ensure the emergence of the best candidate but would also ensure that the incoming Director-General would continue to enjoy the support and trust of Members. Nigeria joined others in expressing its confidence in the Chairman as well as in the Chairs of the DSB and the TPRB who were charged with the responsibility of overseeing the Selection Process with the Chairman.

5.39. The representative of Cambodia, intervening under Items 4 and 5, associated with the statements made by ASEAN and the LDCs. Cambodia thanked the Chairman his efforts and said that under the Chairman's leadership, the selection process would be fully transparent and inclusive in all stages. Cambodia looked forward to supporting the best and most competent candidate to lead the organization and thanked Director-General Azevêdo for his leadership.

5.40. With regard to Item 4, Cambodia fully supported the proposal of Kazakhstan to hold MC12 in June 2021 in Nur-Sultan. Cambodia commended the Chairman for his consultations and for his commitment to upholding a transparent, inclusive, rules-based multilateral trading system.

5.41. The representative of South Africa, intervening under Items 4 and 5, associated with the statements made by the African Group and the ACP. South Africa thanked Director-General Azevêdo for his contribution to the multilateral trading system and wished him well in his future endeavours. The selection process should be fair, inclusive, transparent and allow for the participation of all and for the fair engagement with the candidates including an equal opportunity for the candidates to share their vision with Members. The need to find a new Director-General as soon as possible was understood and the process should take into account the current challenges posed by COVID-19. South Africa looked forward to the consultations with the overall objective of allowing sufficient time to find a suitable candidate for the post given the challenges facing the multilateral trading system.

5.42. With regard to Item 4, South Africa welcomed the offer by Kazakhstan to host MC12. The current environment was marked by great uncertainty. No one was certain about the duration of the pandemic nor how it would evolve across different countries and regions. Moreover, South Africa and the African Continent had not yet reached the peak of the pandemic. It was therefore premature to set the date for MC12 and the General Council should continue to monitor the developments.

5.43. The representative of the European Union had full trust in the Chairman and the Chairs of the DSB and the TPRB to conduct that important process in an open, transparent and inclusive manner.

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The European Union supported expedited procedures to select the next Director-General. Given the current moment Members were living in where they needed to leverage their multilateral trade tools to mitigate the economic fallouts of the crisis, there was no time to waste. The challenges facing the organization were not only colossal but immediate which was why Members needed new leadership in place without delay.

5.44. The representative of the United Kingdom noted that Members had heard that day and in their earlier discussions about the scale of the COVID-19 crisis and what it meant to the global economy. One thing that they knew to be true was that, while the pandemic had started as a health crisis, it was now morphing into a global economic crisis in which no country would be spared. An increase in protectionism in response to the pandemic was seen – some of it for understandable reasons but nevertheless having an impact on the global trading system, compounding a much more serious collapse in global trade as a consequence of the global lockdown.

5.45. If Members did not take action collectively to adapt the global trading system to the current circumstances and to prevent serious damage, they risked one of the greatest recessions in their life, possibly since the 1930s. The United Kingdom wondered what that meant for Members' deliberations on the next Director-General and the selection process. Members could not afford a leadership vacuum between the departure of the outgoing Director-General and the arrival of his successor. If the WTO was to be relevant in the crisis, a sense of urgency was needed. The United Kingdom supported an open, transparent and inclusive process. That would be possible even in this time of crisis if they prioritised it and accepted that the process would rely on virtual meetings.

5.46. The United Kingdom urged colleagues to make the case back to their capitals about why the process should be a priority because strong leadership by the WTO would be one of the best ways Members could minimise the damage the crisis was doing to the world and accelerate the process of building better once the virus was contained. The United Kingdom would be offering its strong support to the Chairman's efforts to run consultations in line with expedited deadlines as necessary to the Selection Process and would be working with all other Members to help facilitate the smoothest possible process to select Director-General Azevêdo's successor.

5.47. The representative of Tunisia, intervening under Items 4 and 5, associated with the statement made by the African Group. Tunisia supported Kazakhstan's new offer to host MC12 in Nur-Sultan and thanked the Chairman for his consultations in that regard. These were unchartered waters given the current context, where the obligation of achieving results had to be merged at the same time with ensuring that the WTO had at its helm a man or a woman who was able to meet the challenges Members faced. Transparency and inclusiveness remained integral in the selection process led by the Chairman to whom Tunisia gave its full support.

5.48. The General Council took note of the Chairman's report and of the statements.

6 JOINT MINISTERIAL STATEMENT ON ACTION PLANS TO FACILITATE THE FLOW OF GOODS AND SERVICES AS WELL AS THE ESSENTIAL MOVEMENT OF PEOPLE – REQUEST BY THE REPUBLIC OF KOREA

6.1. The Chairman invited the Republic of Korea to introduce the item.

6.2. The representative of the Republic of Korea said that many Members had recently committed themselves to political statements underlining the importance of global value chains and a coordinated global response to save them. In an effort to translate such political commitments into concrete action, Korea along with Australia, Canada, New Zealand and Singapore had agreed upon the "Joint Ministerial Statement on Action Plans to Facilitate the Flow of Goods and Services as well as the Essential Movement of People" which had been circulated in document WT/GC/214.

6.3. The document included the commitment of the five Members to identify concrete actions that could help alleviate the impact of the pandemic and to work with other Members to develop actions that would (i) ensure the flow of goods in global supply chains, (ii) facilitate the essential movement of people and (iii) minimise the negative impacts on trade and investment arising from the pandemic to facilitate an inclusive and sustainable economic recovery.

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6.4. Substantive discussion and action to maintain essential cross-border flow of goods, services and personnel would not only contribute to overcoming that difficult time but would also demonstrate the relevance and effectiveness of the WTO. Korea hoped that the document along with many other valuable initiatives could be an important reference for possible discussion on crisis preparedness in the future. Korea looked forward to positive consideration and support from other Members and remained open to discussing that in further detail with interested delegations.

6.5. The representative of Chad, on behalf of the LDCs, noted that the health crisis had shown that there were risks of interruption in the delivery of essential products to their people. As a consequence, it was essential to secure or guarantee the supply of essential products to safeguard lives. Such a reality linked to the recognized fragility of humans should lead Members to include measures to prevent it from happening as part of the negotiations to minimise the risks of shortages in the supply of essential goods and services. Members should collectively seek the most suitable responses to counter the harmful health and economic impact that COVID-19 could have on their societies in a globalised context. Those responses could include facilitating the movement of people particularly in the healthcare sector and the trade of medicines and healthcare products and services.

6.6. In any case, Members were called upon to take into account in their negotiations the new reality brought about by the pandemic capable of bringing down millions of lives and Members' economies in just a few weeks. If a Joint Ministerial Statement would be drawn up for MC12 in light of the COVID-19 crisis, it could aim to maintain trade in times of health crisis to preserve human life and to minimise the collapse of interdependent economies.

6.7. The representative of New Zealand thanked the Republic of Korea for putting that item on the agenda as the membership benefited from transparency and visibility of COVID-19 related initiatives. In New Zealand's view, it was critical that COVID-19 trade-related policies were designed and applied in a way that promoted rather than inhibited economic recovery and which were trade facilitating rather than protectionist in intent. New Zealand was therefore pleased to join Australia, Canada, Singapore and Korea in that initiative through which they would work on action plans for the movement of both essential goods and essential workers.

6.8. The representative of Australia had been pleased to join the Ministerial Statement introduced by the Republic of Korea which committed to actions that supported stable and open global trade and bolstered economic resilience in post COVID-19 economic recovery. In it, Ministers recognized the critical role of rules-based trade and support for WTO rules. They emphasised the need to keep supply chains open to the flow of essential goods and services, agreed to facilitate efforts to resume essential cross-border travel with mutual assurance of public health standards and safeguards and sought to promote business-friendly measures to respond to the pandemic's socio-economic impact. Australia looked forward to working with all Members to pursue concrete initiatives that supported the WTO and promoted inclusive and sustainable economic recovery.

6.9. The representative of Singapore joined the Republic of Korea in inviting interested Members to come on board the Ministerial Statement. The Ministerial Statement together with other bilateral and plurilateral statements that Singapore had supported since the onset of the COVID-19 pandemic represented its commitment to maintaining trade and supply chain connectivity. What set the Ministerial Statement apart was the co-sponsors' commitment to work with partners to expedite customs procedures for essential goods and to facilitate the resumption of essential cross-border trade. The pandemic required a collective response from all Members because COVID-19 knew no borders. It was therefore essential for Members not to shut their doors and turn inward. They should rather intensify their efforts to collaborate more closely to speed up the recovery of their economies.

6.10. The representative of Kenya, intervening under Items 5 and 6, associated with the statements made by the African Group and the ACP. With regard to Item 5, Kenya looked forward to a fair, transparent and inclusive process that delivered the best candidate for the benefit of Members and the WTO.

6.11. With regard to Item 6, Kenya noted that, according to an UNCTAD report, the COVID-19 pandemic had resulted in the drop in global trade values by 3% in the first quarter of 2020 and it was projected that the downturn would accelerate in the second quarter with a decline of up to 27%. In a bid to respond to the pandemic, Members had imposed measures that had adversely impacted the free flow of goods, services and the cross-border movement of people. Restrictions on flow of

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- 29 - goods, services and people had led to plummeting fuel prices due to low uptake, had marked decreases in commodity prices and had restricted or delayed movement of cargo in transit as a consequence of new health protocols aimed at curbing the spread of COVID-19.

6.12. Such measures had disrupted regional and global value chains with unprecedented constraints in the manufacturing and supply ecosystem. As the world's attention was predominantly on fighting the spread and finding a cure for COVID-19, the multilateral trading system should play its part in mitigating the adverse effect of the pandemic on global trade. The social, economic and development effects of COVID-19 would continue to be felt long after the pandemic had been contained. Members should therefore find a coordinated approach to address that global challenge and in so doing, appreciate that the impact of the pandemic varied depending on the capabilities of affected Members.

6.13. The representative of Chinese Taipei shared the view that maintaining global supply chains, facilitating the essential movement of people and mitigating negative effects on international trade and investment environment were key elements of recovery to bolster the global economy in an inclusive and sustainable manner. The main challenge for Members could be to ensure a well-planned system of passage and health protection in place to support the greater return of cross-border travel to normal. That task would require a huge collective effort of international cooperation and coordination. It was high time for Members to engage in shared best practice on that crucial issue. Chinese Taipei therefore endorsed the collective work carried out by Korea and other proponents.

6.14. Chinese Taipei had been successful in curbing the spread of infection since the outbreak of the COVID-19 pandemic – with less than 450 confirmed cases to date and almost 15 consecutive days without any new domestic case. Chinese Taipei was proud of that record and was happy to share its experience. Chinese Taipei would continue to contribute to international cooperation dedicated to combatting the pandemic and to facilitating a robust economic recovery through experience sharing, provision of essential medical supplies and technical assistance.

6.15. The representative of South Africa said that the current environment was marked by great uncertainty. No one was certain about the duration of the pandemic, or how it would evolve across different Members and regions. South Africa and the African continent had not yet reached the peak of the pandemic which would necessitate that the responses would be tailored to respond to the specific circumstances faced by Members using the policy tools and exceptions available in WTO covered agreements including export restrictions where warranted. Different Members had vastly different capabilities to address the impact. One-size-fits-all solutions would therefore not work. The WTO should contribute in facilitating an inclusive and sustainable economic recovery as COVID-19 demonstrated Members' shared fate as human beings on why inclusive growth and development should be at the heart of the work of the WTO.

6.16. Global cooperation was critical to ensure that COVID-19 treatment was accessible and affordable to the world as a public good. To promote economic resilience, multilateral rules should facilitate industrial development, diversification and structural transformation which were essential in putting Members' economies on a sustainable development path. Trade could not be an end in itself. Members should come up with a developmental agenda that ensured that trade raised standards of living, ensured full employment, grew real income and effective demand and expanded the production of trade in goods and services. That would in turn ensure that Members delivered on the objectives of the WTO as had been set out in the . The WTO could also be a platform for the exchange of information and best practices on measures Members were implementing to promote trade, investment and employment.

6.17. The representative of India supported the adoption of trade facilitation measures that were consistent with the TFA and in line with the existing balance of rights and obligations of Members under the WTO Agreements. Emergency measures taken in the wake of the pandemic should be "targeted, proportionate, transparent, and temporary". Temporary reductions of customs duties on essential medical and agricultural products were within the rights of a Member. India did not therefore support permanent tariff liberalization as a response to a temporary crisis.

6.18. Regarding the "establishment of a consultation mechanism between the relevant authorities of the signatory countries to identify and address trade disruptions that affect the trade in essential goods", India would appreciate greater clarity from the signatories of the Joint Statement on whether

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- 30 - they envisaged that to be a temporary, ad-hoc mechanism for the duration of the pandemic, or something more permanent.

6.19. Essential cross-border travel during the time of a global pandemic should obviously include the cross-border movement of medical professionals. Members should establish multilateral guidelines to facilitate that. India was surprised to see that the signatories of the Joint Statement had not included the critical category of doctors and nurses in their recommendations on the essential movement of people. India recommended that they considered adding it to make the Joint Statement fit for purpose.

6.20. The representative of Canada said that the global health crisis had underlined the importance of global cooperation and coordination particularly with regard to trade policy. Members should recognize the reality that the COVID-19 pandemic hit in waves affecting supply in various countries at different times. The crisis was not and should not be an excuse to shut down trade. Members should work closely to keep trade and supply chains open so that businesses and enterprises across the globe had the stability they needed to enable the people to continue to access essential goods and services in times of crisis.

6.21. The Joint Ministerial Statement outlined a number of actions they could take to achieve that objective including facilitating the movement of health and business personnel across borders. Canada had already taken a number of those trade-related steps and had informed Members through the trade monitoring process. The WTO was uniquely placed to play a constructive role to help ensure coordination and coherence between the actions of its Members as they worked to reopen their economies and laid the groundwork for a sustainable recovery. Canada was therefore advocating for Members to inform the WTO of the trade measures they were taking in response to COVID-19.

6.22. Transparency was one of the crucial elements of international cooperation as all Members worked towards an economic recovery plan that prioritised the health and safety of their people and minimised the economic impact of COVID-19. Over the past years, Members had been beset by division and lack of a common vision at the WTO. They should see the crisis as a rallying around which they could begin to build a common cause for action. Canada was realistic and understood that it would not be easy as it would take time yet remained committed to the multilateral trading system and to meeting the challenge of strengthening and modernising the WTO for all Members.

6.23. The representative of the European Union agreed with the co-sponsors of the Joint Ministerial Statement on the importance of facilitating the flow of goods and services. The Statement by G20 Ministers provided a very pertinent framework to maintain global supply chains as open as possible in the current circumstances. The European Union was ready to work with interested Members on how best to deliver on that objective. In compliance with the G20 statement to ensure that measures were targeted, proportionate, transparent, temporary and consistent with WTO rules, the European Union had recently removed its export authorization scheme on PPEs. Members should continue to leverage their multilateral trade tools to mitigate the economic fallout of the crisis. The WTO could contribute to ensuring affordable and predictable access to healthcare products globally. The European Union was exploring how efforts could be deployed to facilitate trade, eliminate tariffs on medicines and protective equipment and address as well non-tariff restrictive measures.

6.24. The representative of Afghanistan said that, as a landlocked developing country, Afghanistan shared the concern of the proponents on the restrictions imposed on the cross-border trade of goods and services and on the movement of people during that critical time. Afghanistan looked forward to working with proponents to achieve the proposal's objective and to realise the ease, greater accessibility and trade facilitation at the borders during and after the pandemic.

6.25. The representative of Chile intervened under Items 5 and 6. He first thanked Ambassador Ford him for his excellent leadership as Chair of the CoA SS and said that he had always pursued the objective of multilateralism.

6.26. With regard to Item 6, Chile noted that the Joint Ministerial Statement gave Members a practical approach for assessing the effects that they were all experiencing due to COVID-19. Members were looking at the current panorama and the negative effects that the pandemic was having on international trade, the flow of cross-border trade of essential goods and the movement of essential people. Chile could endorse the Joint Ministerial Statement as a co-sponsor.

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6.27. With regard to Item 5, Chile supported the expedited process proposed by the Chairman. A common denominator in the statements made under that agenda item was that the process to appoint a new Director-General should be fair, open, transparent and inclusive. Chile endorsed that idea as it would ensure that all of the candidates also met the necessary criteria. Chile wanted the organization to continue along those lines because Members needed to look at both the pace and results that they were going to achieve. The position of the Director-General in an organization such as the WTO was key for the leadership that Members needed to confront the challenges they faced.

6.28. The representative of the Republic of Korea thanked the Members for their constructive comments and the co-sponsors for their supporting remarks. Korea looked forward to working with Members to further explore any possible concrete areas where they could work together.

6.29. The General Council took note of the statements.

7 OTHER BUSINESS

7.1 Garments and Textile Sector in light of COVID-19 – Statement by Bangladesh

7.1. The representative of Bangladesh, speaking under "Other Business", noted that a webinar had been organized by the International Chamber of Commerce on 19 May which both the Chairman and the Director-General had attended, with 70 businesses to discuss public health and the economic impact of COVID-19. The Chairman's participation and valuable contribution in that event had encouraged Bangladesh to take the floor to say a few words. Bangladesh drew Members' attention to a COVID-19 impact study by the World Food Programme. In a virtual meeting held on 21 April, its Executive Director, David Beasley, had predicted based on that report that about 130 million people would be on the brink of starvation by the end of 2020. He had further warned that millions would be going through a "hunger pandemic".

7.2. In Bangladesh, particularly in the garments and textile sector, according to the Bangladesh Garments Manufactures Association, due to COVID-19, 1,150 factories had reported foreign export orders amounting to USD 3.18 billion being either cancelled or suspended resulting in daily subsistence income loss for 2.28 million workers. It had happened due to the sudden drying up of garments demand and actions taken by global garment brands because of measures implemented by governments to contain COVID-19. That, in turn, had resulted in the suppliers and manufacturers in the region falling victim to unprecedented difficulties as had been described. While brands or retailers paid their suppliers or exporters weeks or even months after delivery of the products rather than upon order, suppliers usually had to pay upfront for the materials, fabrics and other costs. That well-established trusted business relationship had been jeopardised by COVID-19 due to the cancellation or suspension of orders causing severe economic hardship to Bangladesh's manufacturers and income loss of their workers.

7.3. Members such as Bangladesh had little or no means to offset the loss caused by that economic downturn. On the other hand, many garments importing countries had put in place extensive support measures for industries across the board including the big clothing brands. Even with the supportive measures by governments, Bangladesh did not see brands behaving much responsibly. Members would perhaps need to hear from them. It would be of the membership's interest if such an event could be jointly organized by the WTO and the ICC extending an invitation especially to global textile and clothing brands and listen to them. The objective would not be to point fingers but to allow Members to explore responsible business behaviour and to know about their coping strategies. That could enable Members to make informed policy decisions and save millions of lives from hunger. As it did not fall under the ongoing WTO negotiations, there was need for that special initiative.

7.4. The General Council took note of the statement.

7.2 Discussions of the g7+ WTO Accessions Group on COVID-19 – Statement by Afghanistan

7.5. The representative of Afghanistan, on behalf of the g7+ WTO Accessions Group, speaking under "Other Business", reported that on 20 May, the Group had held a virtual meeting that had been attended by the g7+ Secretariat and had enjoyed the Accessions Division's assistance. The meeting had been organized to take stock of the experiences and exchange views on the impact of the

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COVID-19 outbreak and lockdown on fragile and conflict-affected countries and the ways to facilitate recovery including through WTO accessions. The g7+ WTO Accessions Group, an association of 20 fragile and conflict-affected States, had presented their initiatives on the immediate steps necessary to mitigate the impact of the pandemic and the Accessions Division had provided an update on the state of play in WTO operations and on the accessions of the Group's members and observers.

7.6. The Group's members had expressed their deep concern on the mid and long-term economic impact of the pandemic on fragile and conflict-affected countries that could be devastating and could cause human loss, significant decrease in government revenue particularly from customs duties and exports especially of oil and primary commodities, increasing unemployment rate and widespread famine. Given the special circumstances of the Group's members and their uneasy political, economic and social situation, COVID-19 posed a very devastating threat to those countries and exacerbated their pre-existing conditions. The Group therefore encouraged a special global action and support to the fragile and conflict-affected countries to fight the pandemic and its impact on their economies.

7.7. The Group supported the recent call on Members that trade-restrictive emergency measures aimed at protecting health, if deemed necessary, should be targeted, proportionate, transparent and temporary, not create unnecessary barriers to trade or disruption to global supply chains and be consistent with WTO rules. There had also been consensus to support the LDC Group communication circulated on 4 May specifically on trade measures taken by Members since the outbreak of the virus. The Group stressed that export prohibitions or restrictions should not be imposed with respect to products identified by the WHO and WCO as critical to combating the COVID-19 pandemic when such products were exported to LDCs for their domestic use or for humanitarian purposes. The Group's call for unrestricted or prohibited exports also covered basic food products.

7.8. The Group urged all Members to extend their support to acceding governments to conclude their accession process expeditiously in particular to support the efforts of the post-conflict acceding members of the g7+ WTO Accessions Group. The Group looked at the WTO accession process and membership as an effective way to facilitate peace, stability and prosperity through conducting WTO- related legal and institutional reforms, trade integration and participation in international trade and value chain. Members should consider the specific challenges of LDCs and conflict-affected States during their accession process especially in those challenging times. The Group had also echoed the g7+ Secretariat's call for concerted support in efforts to curb COVID-19 by investing in public healthcare and strengthening institutions, the debt relief measure through waving interest payments and using the Heavily Indebted Poor Country mechanisms for those countries, caring for displaced people stranded due to border closures and supporting economic recovery and self-reliance.

7.9. The General Council took note of the statement.

7.3 Request for Observer Status by Turkmenistan – Statement by the Chairman

7.10. The Chairman, speaking under "Other Business", drew attention to a communication that had been circulated by the Government of Turkmenistan in document WT/L/1090. In that communication, Turkmenistan was requesting observer status to the General Council and its subsidiary bodies and, in line with Annex 2 to the Rules of Procedure in WT/L/161, was stating the intention to initiate negotiations for accession to the WTO Agreement within a period of five years. In line with the practice, he would conduct consultations on that request and would revert to it in due course.

7.11. The General Council took note11 of the Chairman's statement.

7.4 Chairmanship of the Committee of Agriculture in Special Session – Statement by the Chairman

7.12. The Chairman, speaking under "Other Business", recalled that Ambassador Ford of Guyana had announced that he was stepping down as the Chairman of the Committee on Agriculture in Special Session on 30 June as he was leaving his post in Geneva. In line with the guidelines for the appointment of officers (WT/L/510), he would soon reach out to the coordinators of the four groups

11 At the request of the delegation of Afghanistan, its statement under this item is incorporated in the minutes of this meeting and can be found in Annex 2.

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- 33 - that was the developed countries, the African Group, GRULAC and the Asian Group of developing Members to begin the consultations on a new Chair for the CoA SS. He would be assisted by the Chair of the DSB, Ambassador Castillo and by the former Chair of the General Council, Ambassador Kangvalkulkij. He encouraged all Members to engage constructively with the group coordinators as soon as possible with a view to identifying a new Chair for the CoA SS without delay.

7.13. The General Council took note of the Chairman's statement.

7.5 Statement by the Chairman on Administrative Measures for Members in Arrears

7.14. The Chairman, speaking under "Other Business", noted that the revised Administrative Measures for Members in arrears in WT/BFA/132 required that, at the end of each meeting of the General Council, the Chair of the Committee on Budget, Finance and Administration should provide information with regard to which Members and Observers were under Administrative Measures.

7.15. Ambassador Manuel Teehankee (), Chair of the Committee on Budget, Finance and Administration, reported that the Administrative Measures applicable to Members and Observers with arrears in contribution had been in place since 1 March 2013. In accordance with the Decision of the General Council, he should state all Members and Observers under all categories of administrative measures. As at 28 May 2020, there had been 19 Members and 6 Observers under Administrative Measures. The following 6 Members were currently in Category I: Plurinational State of Bolivia, Cuba, Ghana, Guinea, Tonga and Zambia. The following 5 Members were in Category II: Democratic Republic of Congo, Liberia, Senegal, Yemen and Zimbabwe. The following 8 Members were in Category III: Antigua and Barbuda, Burundi, Central African Republic, Congo, Guinea-Bissau, Niger, Sierra Leone and Bolivarian Republic of Venezuela. The following 2 Observers were in Category I: Iran and Syrian Arab Republic. Comoros was the only Observer in Category II. The following 3 Observers were in Category III: Libya, Sao Tomé and Principe and Somalia.

7.16. The Chairman said that he was also required at each Council meeting to request Members and Observers in Categories II and III of the Measures to inform the Secretariat as to when their payment of arrears could be expected.

7.17. The General Council took note of the statements.

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ANNEX 1

STATEMENTS BY EGYPT AND GABON ON THE REPORT BY THE CHAIRMAN OF THE TRADE NEGOTIATIONS COMMITTEE AND REPORT BY THE DIRECTOR-GENERAL

(AGENDA ITEM 1)

At their request, the statements of Egypt and Gabon are included below as part of the Minutes of the General Council meeting.

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1. Egypt

As we consider ways to advance WTO work and negotiations, it is important to note that countries experience their peaks of COVID-19 pandemic at variant times. The pace of our work must, therefore, take into account this reality, and that negotiations cannot be advanced until all Members can fully participate. We need to consider the positions expressed during the April meeting and conclusions in this regard.

It is obvious that COVID-19 crisis will hit the economies of most, if not all, WTO Members more severely than the global economic crisis in 2008. According to the International Monetary Fund, the global economy is set to shrink by almost 3% in 2020. Moreover, this crisis shows us that Members with better resources will be able to overcome severe economic and social consequences of the pandemic more effectively than developing countries and LDCs. It is clear then that the pandemic will exacerbate existing inequalities among Members.

Against this background, I would like to share with you the following:

– Special and differential treatment should serve to enable developing countries and LDCs to better respond to the economic challenges of COVID-19, enhance trade flows to pave the way for quick global recovery, and assist efforts to build resilience against future global economic crises.

– For fisheries subsidies negotiations, we stress that any future outcome on that matter should fully consider the needs of developing countries for appropriate and effective special and differential treatment, while implementing SDG 14.6.

– For agriculture negotiations, we sincerely thank Ambassador Ford for his dedication and vision in leading the CoA SS in the past two years; for sure he will be missed. We look forward to capitalise on his work and remain ready to constructively engage with the new Chair. Furthermore, we believe that the current crisis has highlighted the necessity of putting food security at the top of our priorities, and stressed the need for rearranging the agriculture negotiating priorities to meet the post COVID-19 demands, particularly global food security, with special emphasis on granting more flexibilities to NFIDCs and LDCs.

– Within the framework of the global response to the pandemic, we urge Members to use appropriate trade policy tools to ensure that patents and other intellectual property rights do not constitute avoidable barriers to the local manufacturing or importing of essential medical supplies, including diagnostics medicines, and vaccines. In this regard, we call for allowing developing countries and LDCs to use TRIPS flexibilities to help these countries to access medicine needed to combat the pandemic in the coming few months.

– COVID-19 highlighted the importance of digital transformation and underscored the implications of the digital divide both within and among countries, particularly in the realm of e-commerce. We call on all WTO Members to advance the implementation of the 1998 Work Programme on Electronic Commerce bearing in mind those global rules without sincerely addressing the developmental aspects of e-commerce will impair the existing disparities.

– The current crisis must not impede our efforts to resolve the Appellate Body crisis, in order to retrieve the full strength of our organization.

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Once again, Egypt reiterates its commitment to enhance fair, inclusive and rules-based multilateral trading system and its readiness to work with all WTO Members to promote inclusive growth and sustainable development.

2. Gabon

My delegation associates itself with the statements made by Botswana on behalf of the African Group and by Jamaica on behalf of the ACP.

We thank you for organising this meeting, given the current context marked by the COVID-19 pandemic, which remains an obstacle to the smooth conduct of our discussions.

I would also like to commend the Chairpersons of the Negotiating Groups who have reported to us on the discussions they have had to date.

The health and socioeconomic crisis generated by the COVID-19 pandemic requires not a protectionist approach but cooperation and international solidarity to face common challenges. This necessitates measures and actions taken collectively to curb if not lessen its impact on trade and investment in order to promote economic recovery. As such, our work must contribute to this.

With this in mind, the WTO negotiations should lead to positive and concrete results with a view to achieving the Sustainable Development Goals.

Among other things, an agreement should be reached, as soon as conditions permit, on the framework of fisheries subsidies, in accordance with SDG 14.6. This must integrate the needs of the LDCs and developing countries to enable them to develop this sector.

With regard to Special and Differential Treatment, the provisions of Paragraph 44 of the Doha Ministerial Declaration and the decision adopted by the General Council at its meeting of 1 August 2004 must be reviewed and adapted to take into account the real needs of our countries.

In addition, despite the measures taken by our authorities to date to minimize the effects of the pandemic, it is presumptuous to say with precision the consequences of this crisis, as it continues to rage in many countries.

Gabon, for its part, like many others, has chosen to place its population under quarantine and has taken a certain number of related measures, notably the closing of its borders, the establishment of mass screening, the creation of centres across its national territory and the provision of free tests in public institutions and aid to SMEs, among others. However, Gabon's economic sector remains strongly affected by this crisis.

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ANNEX 2

STATEMENT BY AFGHANISTAN ON THE REQUEST FOR OBSERVER STATUS BY TURKMENISTAN

(OTHER BUSINESS 3)

At its request, the statement of Afghanistan is included below as part of the Minutes of the General Council meeting.

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My delegation welcomes and praises the submission of the application for observer status in the General Council of WTO and its subsidiary bodies by Turkmenistan.

As Turkmenistan's immediate neighbour and latest Member of the WTO, Afghanistan is very happy to note that the Government of Turkmenistan intends to initiate negotiations for accession to the WTO within five years and looks at the observer status as a tool for their Government to familiarise with the WTO rules and procedures, and to prepare for initiation of the accession negotiations. I can confirm that Afghanistan had the same strategy which turned out to be very helpful and we therefore strongly support the request made by Turkmenistan. We are happy to note that an Inter-Ministerial Commission was established to examine issues related to Turkmenistan's possible accession to the WTO which demonstrates Turkmenistan's seriousness to the issue.

Turkmenistan borders Afghanistan to the southeast, and is a supportive and friendly neighbour of my country. Afghanistan is expected to play an important role in providing a transit corridor – connecting Turkmenistan, rich in natural resources mainly oil and gas, to South Asia. Given the importance of trade in Turkmenistan's economy with a value equal to 40% of its GDP, accession to the WTO will therefore contribute in the expansion of trade and transit and ultimately in regional cooperation in Central and South Asia.

While we wish Turkmenistan the best, I assure them that they can count on Afghanistan's full support, and I call upon all Members to agree with Turkmenistan's application.

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