Global Giants Statement on the WTO Moratorium on Customs Duties on Electronic Transmissions

·      WTO DG Flooded with Representations from World Over

·      Urge WTO members to renew the Moratorium on Customs Duties on Electronic Transmissions until the next Ministerial conference.

·      Allowing the Moratorium to expire would be a historic setback for the WTO, representing an unprecedented termination of a multilateral agreement in place nearly since the WTO’s inception

·      Manufacturers – both large and small, and across a range of industrial sectors – rely on the constant flow of research, design, and process data and software to enable their production flows and supply chains for critical products.

·      The revenue implications of the Moratorium are likely to be relatively small and its discontinuation would cause wider economic losses.

On the occasion of the 12th WTO Ministerial Conference (MC12), the undersigned associations urge WTO members to renew the Moratorium on Customs Duties on Electronic Transmissions until the next Ministerial conference.

Allowing the Moratorium to expire would be a historic setback for the WTO, representing an unprecedented termination of a multilateral agreement in place nearly since the WTO’s inception – an agreement that has allowed the digital economy to take root and grow. All WTO members have a stake in the organization’s continued institutional credibility and resilience, as well as its relevance at a time of unprecedented digital transformation.

Continuation of the Moratorium is critical to the COVID-19 recovery. As detailed by the United Nations, the World Bank, the OECD, and many other organizations, the cross-border exchange of knowledge, technical know-how, and scientific and commercial information across transnational IT networks, as well as access to digital tools and global market opportunities have helped sustain economies, expand education, and raise global living standards.

Continuation of the Moratorium is also important to supply chain resilience for manufacturing and services industries in the COVID-19 era. Manufacturers – both large and small, and across a range of industrial sectors – rely on the constant flow of research, design, and process data and software to enable their production flows and supply chains for critical products.

The Moratorium is particularly beneficial to Micro, Small and Medium-Sized Enterprises (MSMEs), whose ability to access and leverage digital tools has allowed them to stay in business amidst physical restrictions and lockdowns.

Failure to renew the Moratorium will jeopardize these benefits, as customs restrictions that interrupt cross-border access to knowledge and digital tools will harm MSMEs, the global supply chain, and COVID-19 recovery – increasing digital fragmentation. As UNCTAD has explained, such fragmentation “reduces market opportunities for domestic MSMEs to reach worldwide markets, [and] ... reduces opportunities for digital innovation, including various missed opportunities for inclusive development that can be facilitated by engaging in data-sharing through strong international cooperation. ... [M]ost small, developing economies will lose opportunities for raising their digital competitiveness.” 1

Furthermore, as the OECD has explained, “the revenue implications of the Moratorium are likely to be relatively small and its discontinuation would cause wider economic losses.”2 Other reports predict greater GDP losses due to potential implementation of retaliatory duties.3 Countries that impose such duties also face longer-term harms due to a less predictable investment climate, reduced foreign direct investment, and reduced access to knowledge, information, and digital tools needed by local students, patients, MSMEs, and other domestic constituents.

We therefore urge all WTO members to show strong leadership and support of the digital economy by supporting a continuation of the WTO Moratorium on Customs Duties on Electronic Transmissions at MC12.

1. Africa Cloud Association

2. Africa Information and Communication Technologies Alliance (AfICTA)

3. Alianza del Pacífico

4. Allied for Startups

5. ACT | The App Association

6. Asia Cloud Computing Association

7. Asia Internet Coalition

8. Asia Pacific MSME Trade Coalition (AMTC)

9. Asia Business Trade Association

10. Asociación de Internet MX

11. Asociación Latinoamericana de Exportadores de Servicios (ALES)

12. Associação Brasileira das Empresas de Software (ABES)

13. Association of Competitive Telecom Operators (ACTO) (India)

14. Australasian Performing Rights Association / Australasian Mechanical Copyright Owners Association (APRA AMCOS)

15. Australian Services Roundtable

16. Australian Industry Group

17. Belize Coalition of Service Providers (BCSP)

18. Brazilian National Confederation of Industry

19. BSA | The Software Alliance

20. Business Council of Canada

21. Business NZ

22. Câmara Brasileira da Economia Digital

23. Cámara Colombiana de Comercio Electrónico

24. Canadian Chamber of Commerce

25. Canadian Services Coalition (CSC)

26. Caribbean Network of Services Coalition

27. Center for International Economic Collaboration (CFIEC)

28. Chamber of Digital Industry and Services of National Business Association of Colombia – ANDI

29. China Council for Promotion of Int’l Trade

30. China Semiconductor Industry Association (CSIA)

31. City of London Corporation

32. Coalition of Services Industries (CSI)

33. Copyright Overseas Promotion Association (COA) (South Korea)

34. Digital Trade Network

35. Dominican Republic Services Association

36. Ecommerce Forum Africa

37. Emerging Business Factory (Morocco)

38. European Services Forum (ESF)

39. European Semiconductor Industry Association (ESIA)

40. Global Data Alliance

41. Global Trade Solutions (South Africa)

42. Grenada Coalition of Service Industries (GCSI)

43. Hong Kong Coalition of Services Industries

44. India Electronics & Semiconductor Association (IESA)

45. Indonesia Services Dialogue (ISD)

46. Information Technology Industry Council (ITI)

47. Interactive Games and Entertainment Association (IGEA) (Australia)

48. The International Association of Scholarly, Technical and Medical Publishers (STM)

49. International Chamber of Commerce (ICC)

50. International Generic and Biosimilar medicines Association (IGBA)

51. Japan Business Council in Europe (JBCE)

52. Japan Electronics and Information Technology Industries Association (JEITA)

53. Japan Information Technology Service Industry Association (JISA)

54. Japan Machinery Center for Trade and Investment (JMC)

55. Japan Semiconductor Industry Association (JSIA)

56. Japan Services Network (JSN)

57. Korea Semiconductor Industry Association (KSIA)

58. Korean Broadcasters Association

59. Korean Film Digital Distribution Association (KFDA)

60. Malaysian Service Providers Confederation (MSPC)

61. Malaysia Semiconductor Industry Association (MSIA)

62. Mexican Chamber of Electronics, Telecommunications and Information Technologies (CANIETI)

63. Motion Picture Association (MPA)

64. Motion Picture Producers Association of Japan

65. National Foreign Trade Council (NFTC)

66. New Zealand International Business Forum

67. Philippine Exporters Confederation (PHILEXPORT)

68. Professional & Business Services Council

69. Papua New Guinea Chamber of Commerce and Industry

70. Saint Lucia Coalition of Services Industries (SLCSI)

71. Saint Kitts & Nevis Coalition of Services Industries (SKNCSI)

72. Semiconductor & Electronics Industries in the Philippines Foundation, Inc. (SEIPI)

73. Semiconductor Industry Association (SIA)

74. Screen Producers Australia (SPA)

75. SPADA NZ – The Screen Production and Development Association

76. Singapore Business Federation

77. Singapore Semiconductor Industry Association (SSIA)

78. Sociedad de Fomento Fabril (SOFOFA)

79. Taiwan Coalition of Services Industries (TWCSI)

80. Taiwan Semiconductor Industry Association (TSIA)

81. techUK

82. TECHNATION Canada

83. Technical Service Providers Association of South Africa

84. TheCityUK

85. Trinidad and Tobago Coalition of Services Industries

86. US-ASEAN Business Council

87. US Council for International Business

88. US-India Strategic Partnership Forum (USISPF)

89. Vietnam E-commerce Association (VECOM)