US against WTO Secretariat Defending Pillars of WTO Agreement like MFN
[ABS News Service/11.11.2026]
The
United States and several other members criticized the World Trade Organization
Secretariat for taking positions on issues falling outside its remit at a
discussion this week on the WTO reform track on foundational issues.
Several
trade envoys cited concrete examples of how the Secretariat had been taking
positions on issues, some of which are still under negotiation, said a trade
envoy who asked not to be quoted.
Several
members suggested that the Secretariat’s role should remain strictly neutral
and within the purview of Article VI of the Marrakesh Agreement, cautioning
against any overstepping of the mandate enshrined in the provision.
Several
members stressed that the Secretariat was required to remain “neutral”, while
clarifying that neutrality did not mean it should remain silent or dumb, said a
participant who asked not to be quoted.
The
United States highlighted what it viewed as the Secretariat’s overreach beyond
its mandate and cited several examples. In a detailed critique, Washington
explained what the Secretariat could and could not do, said a trade envoy
familiar with the discussions.
The
United States earlier introduced the issue of Secretariat neutrality in its
proposal WT/GC/W/998. Washington stated:
“To
ensure Secretariat neutrality, Members should consider how to end the practice
of the Secretariat drafting reports that make substantive assessments of
Members' policies, or that push certain policy preferences, without Members'
approval. Regarding the Secretariat's external communications (e.g., press,
social media, and the WTO website), Members should consider whether Secretariat
staff should be given specific guidance to avoid making substantive judgments
or interpreting or pronouncing on Members' obligations. Members should also
consider providing formal guidance that Secretariat staff should always
establish that any views they express – whether as panelists, drafters, or in
social media – do not represent the views of the WTO or WTO Members.”
China:
Importance of Neutrality
According
to China, “neutrality is an important principle that staff of international
organizations should observe in discharging their duties,” suggesting that
Secretariat neutrality should be safeguarded along at least two dimensions.
China
said “the Secretariat should be protected from improper external pressure in
carrying out its duties,” while stressing that “the Secretariat’s actions
should not compromise the proper discharge of its responsibility, including the
Secretariat’s actions should not be directed by their preferences.”
More
importantly, “neutrality must be ensured in the discharge of responsibilities,”
China said, arguing that “the core of ‘neutrality’ should not come at the
expense of the Secretariat’s ability to fulfill its duties.”
China
pointed out that “the Secretariat’s objective and impartial work in trade
policy review and monitoring, carried out under existing mandates, is essential
to transparency and the effective functioning of the rules-based multilateral
trading system.”
As
regards concerns about the Secretariat’s work, China argued that “specific
concern should be examined on a case-by-case basis, without putting labels.”
Elaborating
on these concerns, China cautioned that “members could identify and discuss specific
concerns in relation to the operation of the Secretariat, but these discussions
should not indiscriminately be labeled as ‘lack of neutrality’.”
Beijing
emphasized that “care is needed in the role of Secretariat in supporting
members’ deliberation and discussion of WTO reform.”
On
the issue of technical support, China said that while “the Secretariat may
provide factual stocktaking and analysis based on primary sources, such as
trade data,” the “Secretariat should not introduce analysis by external
organization, or present them as factual basis for so called evidence-based discussion.”
China
said the Secretariat must “avoid diagnosis of challenge or gap”, as it “should
be member-driven.”
Lastly,
China warned that “the Secretariat staff should not prejudge or advocate views
on specific direction of Reform.”
The
United Kingdom also stressed the importance of the Secretariat remaining
neutral, said a person familiar with the discussions who asked not to be
quoted.
Mexico,
however, apparently argued that individual instances of “too much” should not
be treated as evidence of patterns or structural or intentional problems. The
Secretariat, Mexico suggested, generally acted properly, and individual issues
could simply be corrected without creating the impression that the organization
had a non-neutral Secretariat.
Separately,
WTO Director General Ngozi Okonjo-Iweala has
appointed a former European Union trade envoy to the WTO as her senior advisor.
Former EU trade envoy Joao Aguiar Machado announced yesterday that he has
accepted the position.
“I
am grateful to the Director-General for her trust and look forward to
supporting her efforts to reform the multilateral trading system for the
benefit of all WTO members,” he wrote, adding that “at a time when the
multilateral trading systems faces significant challenges, the work of the WTO
is more important than ever.”