RESTRICTED WT/GC/M/180 3 December 2019 (19-8339) Page: 1/130 General Council 15-16 October 2019 MINUTES OF MEETING HELD IN THE CENTRE WILLIAM RAPPARD ON 15-16 OCTOBER 2019 Chairperson: H.E. Ms. Sunanta Kangvalkulkij (Thailand) The Chair, the Director-General and delegations extended condolences for the demise of the former Director of the Accessions Division and Nigeria's Chief Trade Negotiator and Director-General of the Nigerian Office for Trade Negotiations, Mr Chiedu Osakwe, to the Government of Nigeria and to Mr Osakwe's family, colleagues and friends. The General Council welcomed H.E. Abdulrahman Al-Harbi, Governor of the General Authority of Foreign Trade of the Kingdom of Saudi Arabia and H.E. Maria Luisa Hayen, Minister of Economy of El Salvador who both addressed the General Council under Item 1 of the agenda. 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 CHAIR .............................................................................................. 4 3 WORK PROGRAMME ON SMALL ECONOMIES – REPORT BY THE CHAIRMAN OF THE DEDICATED SESSION OF THE COMMITTEE ON TRADE AND DEVELOPMENT ...................... 6 4 INFORMAL PROCESS ON MATTERS RELATED TO THE FUNCTIONING OF THE APPELLATE BODY – REPORT BY THE FACILITATOR .......................................................... 7 5 PROCEDURAL GUIDELINES FOR WTO COUNCILS AND COMMITTEES ADDRESSING TRADE CONCERNS – COMMUNICATION FROM ALBANIA; AUSTRALIA; EUROPEAN UNION; HONG KONG, CHINA; REPUBLIC OF KOREA; REPUBLIC OF MOLDOVA; NEW ZEALAND; NORWAY; PANAMA; QATAR; SINGAPORE; SWITZERLAND; THE SEPARATE CUSTOMS TERRITORY OF TAIWAN, PENGHU, KINMEN AND MATSU; THAILAND; TURKEY; AND UKRAINE ........................................................................................................................ 21 6 EXPANDING THE SCOPE AND MANDATE FOR THE GENEVA WEEK – COMMUNICATION FROM SAINT LUCIA, SOLOMON ISLANDS AND VANUATU ................. 28 7 PROCEDURES TO STRENGTHEN THE NEGOTIATING FUNCTION OF THE WTO – STATEMENT BY THE UNITED STATES .............................................................................. 31 8 STATEMENT DELIVERED BY THE UNITED STATES ON THE IMPORTANCE OF TRANSPARENCY IN WTO DISPUTE SETTLEMENT ............................................................ 39 9 WORK PROGRAMME AND MORATORIUM ON ELECTRONIC COMMERCE – COMMUNICATION FROM AUSTRALIA; CHILE; COLOMBIA; COSTA RICA; GEORGIA; HONG KONG, CHINA; ICELAND; MEXICO; NEW ZEALAND; NORWAY; SINGAPORE; AND SWITZERLAND .............................................................................................................. 44 1 The proposed agenda was circulated in document WT/GC/W/784. WT/GC/M/180 - 2 - 10 TRIPS NON-VIOLATION AND SITUATION COMPLAINTS MORATORIUM – COMMUNICATION FROM CHILE, COLOMBIA, NEW ZEALAND AND PANAMA .................... 53 11 STATEMENT ON SPECIAL AND DIFFERENTIAL TREATMENT TO PROMOTE DEVELOPMENT – STATEMENT BY CHINA, CUBA, INDIA, NAMIBIA, OMAN, SOUTH AFRICA, UGANDA AND ZIMBABWE ..................................................................... 56 12 TWELFTH SESSION OF THE MINISTERIAL CONFERENCE.......................................... 67 12.1 Election of Officers ....................................................................................................67 12.2 Attendance of Observers from Governments and International Intergovernmental Organizations ....................................................................................................................68 12.3 Attendance of Non-Governmental Organizations ...........................................................69 13 WAIVERS UNDER ARTICLE IX OF THE WTO AGREEMENT ......................................... 70 13.1 Preferential Tariff Treatment for Least Developed Countries – Extension of Waiver – Draft Decision ....................................................................................................................70 13.2 United States – Caribbean Basin Economic Recovery Act (CBERA as amended) – Extension of Waiver – Draft Decision ....................................................................................70 14 OTHER BUSINESS .................................................................................................... 74 14.1 Appointment of Chair of the Negotiating Group on Rules – Statement by GRULAC.............74 14.2 Statement by the Chair on Administrative Measures for Members in arrears .....................75 ANNEX 1 – THE REPORTS BY THE DIRECTOR-GENERAL AND THE CHAIRS OF THE NEGOTIATING GROUPS AT THE INFORMAL TNC AND INFORMAL HODS MEETINGS HELD ON 14 OCTOBER 2019 ........................................................................................... 76 ANNEX 2 - STATEMENTS BY MEMBERS AT THE INFORMAL TNC AND INFORMAL HODS MEETINGS HELD ON 14 OCTOBER 2019 ......................................................................... 82 1 REPORT BY THE CHAIRMAN OF THE TRADE NEGOTIATIONS COMMITTEE AND REPORT BY THE DIRECTOR-GENERAL 1.1. The Chair recalled that the Director-General had convened Informal TNC and Informal Heads of Delegation meetings on 14 October where he had provided a report on his recent activities and consultations. The Chairs of three Negotiating Bodies had also reported on the work in their respective areas and fifty-two delegations had taken the floor. 1.2. As per established practice and as had been announced at that meeting, the Director-General's report and the reports of the Chairs of Negotiating Bodies would be included in the minutes of the General Council meeting.2 Statements delivered by delegations would also be included in the minutes of the General Council meeting.3 1.3. H.E. Abdulrahman Al-Harbi, Governor of the General Authority of Foreign Trade of the Kingdom of Saudi Arabia, said that preserving and enhancing the multilateral trading system was important to foster growth and prosperity in the world economy. In that regard, the Kingdom of Saudi Arabia 2 The Director-General's report (also circulated in JOB/TNC/76) and the reports of the Chairs of Negotiating Bodies at the 14 October Informal TNC and Informal HODs Meetings are incorporated in the minutes of this meeting and are reproduced in Annex 1 of this document. 3 The statements at the 14 October Informal TNC and Informal HODs Meetings by the following delegations are incorporated in the minutes of this meeting and can be found in Annex 2 of this document: Singapore; Costa Rica (Joint Initiative on Services Domestic Regulation); Chad (LDCs); Cuba; Australia (Joint Statement Initiative on Electronic Commerce); Panama (Article XII Members); Benin (African Group and C-4); China; New Zealand; Chile (Structured Discussions on Investment Facilitation for Development); Switzerland; Brazil; Japan; Pakistan; European Union; Trinidad and Tobago (CARICOM); Argentina; Malaysia; Russian Federation; South Africa; United States; Ecuador (GRULAC); India; Uruguay (Informal Working Group on MSMEs); Jamaica (ACP); Turkey; Thailand (ASEAN); Nigeria; Canada (Ottawa Group); Indonesia; Hong Kong, China; Iceland; Chinese Taipei; Egypt; Senegal; Mexico; Norway; Uganda; Republic of Korea; Colombia; Plurinational State of Bolivia; Peru; Montenegro; St. Vincent and the Grenadines (OECS); Viet Nam; Nepal; Paraguay; Bolivarian Republic of Venezuela; Sri Lanka; Ghana; Cambodia and Morocco. WT/GC/M/180 - 3 - acknowledged the importance of WTO reform to address major economic challenges and new realities in the global economy. 1.4. Enhancing confidence in the multilateral trading system depended fundamentally on reforming the WTO and working under its umbrella. To advance WTO Reform, active engagement, strong political will and full understanding of the scope and elements of the proposed reforms were required. Members should also be more responsive to the economic and development needs and priorities of developing and LDC Members. 1.5. In reforming dispute settlement at the WTO, Members should aim at enhancing its effectiveness and strength, while safeguarding the basic structure of the dispute settlement mechanism. Transparency was likewise important being one of the most fundamental principles of the multilateral trading system. Improving transparency would enhance the business environment and make it more predictable. 1.6. The Kingdom of Saudi Arabia was fully aware of the importance of the new initiatives within the WTO context specifically on the areas of e-commerce, investment facilitation, domestic regulation and MSMEs and was helping the further integration of developing Members into the multilateral trading system. In that spirit, the Kingdom of Saudi Arabia had recently joined the four joint initiatives. 1.7. In 2020, the Kingdom of Saudi Arabia would assume the presidency of the G-20 and recognized the great responsibility of the G-20 and its role to contribute to the prosperity and stability of the global economy. As His Royal Highness Prince Mohammad bin Salman had indicated in his concluding remarks at the Osaka Summit, "Enhancing international cooperation and coordination is more pressing than ever before considering the complex and inter-related challenges facing our world today. […] Effectiveness in achieving this depends on the ability to strengthen international consensus by establishing the principles of expanded dialogue and building on the international system based on common