E-commerce
Negotiations: Co-convenors (Australia, Japan and Singapore) Urge Members to Intensify Efforts Ahead of
MC12
The co-convenors of the
negotiations on e-commerce have urged participating members to intensity their efforts
and to make further progress ahead of the WTO 12th Ministerial Conference (MC12)
starting in late November. In the current global context and with the COVID-19 pandemic
continuing, stakeholders are expecting this initiative to continue to yield results,
they said at a plenary meeting held on 13 October.
Ambassador George Mina (Australia) said that the co-convenors - Australia, Japan and Singapore - are available to
help drive convergence and they urged members to show flexibility in the negotiations.
It is important for the initiative that the participants achieve the target of securing
a package of 10 to 12 agreed articles for the future e-commerce agreement by MC12,
and members should keep that in mind as they continue their discussions in small
groups formats, he added.
Ambassador Mina said: "MC12 is not only an opportunity to deliver
momentum but it is an opportunity for the group to present what we are doing to
the world. The world's eyes will be on us at MC12 and we will be looked to as an
important part of the rulemaking function of the WTO. We have a big opportunity
to showcase what we're doing"
Ambassador Kazuyuki Yamazaki (Japan), a co-convener of the initiative,
whose remarks were delivered by his deputy representative, welcomed the recent establishment
of the two small groups on electronic invoicing and cybersecurity. He appreciated
all the efforts the facilitators of small groups have been making to move the discussions
forward by suggesting compromise proposals and showing flexibility. He hoped that
members would maintain this momentum up until MC12 and beyond and achieve substantive
progress.
Ambassador Yamazaki said he believes that the ongoing work in the small
groups on open internet access, paperless trading, electronic transaction framework
and electronic invoicing is very promising. He said the initiative should discuss
important topics such as data-related issues and noted that the discussions on personal
data protection in the plenary meeting were very relevant to members.
Facilitators of small group discussions reported on the work done in
recent weeks to find common ground on proposals in the areas of source code, paperless
trading, open internet access, and electronic transaction frameworks. The facilitators
of the two recently-established working groups on cybersecurity and electronic invoicing
also reported on the work these groups have begun on existing proposals.
Members also revisited proposals
on two issues: the protection of personal information
or data, and on information and communication technology (ITC) products that use
cryptography. The proposals on the first topic aim at ensuring that the personal
data of users of electronic commerce is protected, so that users' confidence in
electronic commerce is enhanced as a result.
Ahead of the discussions on these two topics, Ambassador Yamazaki said
that in the development of e-commerce activities, appropriate protection of personal
information is essential. At the same time, transparency, predictability, and interoperability
of applicable rules is also necessary for cross border e-commerce activities. This
issue is a very important aspect of the negotiations on digital trade rules. Likewise,
he noted, the topic of cryptography is also an important contributor to business
trust in commerce.
The proposals on ITC products that use cryptography aim to make trade
in these products less restrictive, with certain exceptions. Cryptography, or encryption,
a feature widely available in ICT products such as tablets, smartphones, computers
and software to ensure secure communications.
In his concluding remarks, Ambassador Hung Seng Tan (Singapore), co-convenor of the initiative, noted that issues of privacy and
ICT products that use encryption are complex, and that the deep discussion members
had at the plenary on this issue were necessary to foster better understanding and
trust among members, as they formulate provisions that are meaningful for business
and consumers.
On the upcoming Ministerial Conference, Ambassador Tan said that members
should leverage MC12 as a milestone to showcase progress to stakeholders, in particular
by achieving the target of 10 or 12 clean text articles. He urged members to finalise work in the small groups where a clean text is within
reach. He added that it would be helpful to set a target for the negotiations that
will guide members towards the finishing line and demonstrate to stakeholders that
there is a resolve to conclude the negotiations in a timely fashion.
After MC12, ministerial involvement will be necessary to maintain momentum
in the negotiations and ensure timely political guidance to resolve political issues,
Ambassador Tan said.