RESTRICTEDWORLD TRADE
ORGANIZATIONWT/COMTD/LDC/W/10*
19 October 1998
(98-4021)
Sub-Committee on Least-Developed Countries
IMPLEMENTATION OF WTO AGREEMENTS:
 SURVEY OF THE DIFFICULTIES FACED BY LEAST-DEVELOPED
COUNTRIES AND THE CURRENT RESPONSE
Note by the Secretariat
1. At its meeting on 6 July 1998, the Sub-Committee requested the Secretariat to prepare a paper
which could help the Sub-Committee assess the difficulties the least-developed countries (LDCs) face
with regard to implementation of WTO obligations, and the appropriateness of the current response.
2. The context of the request is several-fold:  the importance attached by WTO Ministers in
their 1998 Declaration to the implementation of individual WTO Agreements and the realization of
their objectives;  WTO Ministers' intention to further pursue their evaluation of this issue at theirThird Ministerial Conference covering, inter alia , the problems encountered in implementation and
the consequent impact on the trade and development prospects of Members;  and the Sub-Committee's
monitoring of follow-up to the High-Level Meeting on Least-Developed Countries, one of the central
themes of which is that the least-developed countries' capacity to take advantage of the benefits of
participating in the multilateral trading system is closely linked to their capacity to implement WTO
Agreements.
3. The main source of information available to the Secretariat on this subject is the needs
assessments for trade-related technical assistance that have been prepared by 39 LDCs under the
Integrated Framework.  Information has also been collected from LDC Members' replies to a
questionnaire on priorities that should be assigned to WTO technical assistance circulated in
May 1996 by the Chairman of the Committee on Trade and Development, as well as from WTO
notifications, records of Committee meetings and TPR reports, from the Secretariat's experiencegained in the course of its technical assistan ce activities in LDCs, and from statements by LDC
Ministers at the Ministerial Conference in May 1998.
4. The following sections describe the main areas in which LDCs appear to be experiencing
difficulties, illustrate the scale of these difficulties, and describe the steps that are being taken by the
Secretariat to help LDCs overcome them.
I. MAIN AREAS OF DIFFICULTY IDENTIFIED
(i) Developing effective means of coordina tion among government ministries whose
activities have a bearing on the implementation of WTO Agreements
5. A number of LDCs have in part attributed the difficulties they are experiencing in
implementing WTO Agreements to problems related to the need to improve coordination among the
large number of ministries involved in one way or  another, including most importantly the authority
                                                     
*This symbol WT/COMTD/LDC/- continues the series WT/COMTD/LLDC/- but there is no change in
the numbering.WT/COMTD/LDC/W/10
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for policy and legislative change.  In some cases, up to eight different ministries have WTO-related
competence.  This has resulted in difficulties for LDCs in coordinating work, for example related to
notifications.  Efforts to ensure that appropriate legislation is in place become equally cumbersome.
All ministries are not involved to the same degree and it is therefore important to have a strong
coordinating body.  However, the coordinating task is normally accorded to the Ministry of Trade orCommerce, which often lacks the authority with other ministries, and sometimes the capacity, to
provide effective coordination.  This has prompted some of the LDCs to set up national focal points
dedicated to WTO matters, and several have requested assistance in this area.
6. An area where the importance of coordination between relevant ministries and agencies has
emerged particularly strongly in the feedback received by the Secretariat form least-developed
countries is that of TRIPS.  The implementation of this Agreement may involve all or several of the
following:  Ministries of Trade, Foreign Affairs, Finance, Justice, Culture, Education and Agriculture
and the Patent and Trademarks Offices, the Police and Customs services and the Judiciary.
7. One delegation informed the Secretariat that it had established an Inter-Institutional
Committee (including policy-makers, representatives of the private sector and academics) to deal with
the problems, which were described in the following way:
"The policy-making process is always dogged by bureaucratic red tape and therefore
decision-making may not match the speed of the problems.  Much as the mechanisms
for decision-making and implementation of policies exist, their response to everyday
changes is very poor.  Information flow suffers from bottlenecks, and takes too long.
Important information is available in institutions like the Ministries of Trade and
Industry, Finance, Planning and Economic Development, Justice, the Uganda Export
Promotion Board, the National Bureau of Standards, the Bank of Uganda etc.
However, the tendency was to keep most of this information as official secrets until
recently, when the move was made to ensure all the stake holders had access to this
information."
1
(ii) Creating the necessary domestic institutional and administrative framework
8. A large number of LDCs appear to be experiencing difficulties in this area, particularly with
regard to implementation of the WTO Agreements on Safeguards, Subsidies and Countervailing
Measures, and Anti-Dumping, Technical Barriers to Trade and Sanitary and Phytosanitary Measures,
and TRIPS.  The needs assessments prepared under the Integrated Framework include requests for
technical assistance to establish administrative and institutional machinery to conduct investigations
in conformity with the Safeguards Agreement; to set up and strengthen the administrative machinery
necessary to conduct anti-dumping and countervailing duty investigations; and more broadly, trainingto carry out investigations in the area of unfair trade practices.
9. Requests for technical assistance in the areas of TBT and SPS are numerous and cover the
following: establishing expertise and setting up and strengthening enquiry points, and linking them to
ISONET to enhance access to information on technical and SPS regulations and standards applied in
export markets; training in the use of internatio nal standardisation programmes or packages such as
the ISO 9000 and 14000 series; establishing test laboratories and documentation centres; creating
institutions to set and certify conformity with heal th and phytosanitary standards, quality controls etc;
and setting up food import and export inspection services.
                                                     
1From the reply, dated 4 November 1996, of the Ugandan Ministry of Trade and Industry to the
questionnaire on priorities that should be assigned to  WTO technical assistance circulated in May 1996 by the
Chairman of the WTO Committee on Trade and Development.WT/COMTD/LDC/W/10
Page 3
10. With regard to implementation of the TRIPS Agreement, requests for technical assistance
cover the establishment and reinforcement of autonomous, specialized intellectual property offices
(patent and trademark offices) and collecting societ ies, establishing the administrative machinery
required for the enforcement of intellectual property rights, including through the acquisition of
modern equipment to detect infringing goods, the acquisition of science and technology databases onintellectual property materials, regional cooperation in training, implementation and sharing
experience, computerization, and promoting public awareness among high-level decision makers in
both government and the private sector, as well as the public at large, of the benefits and importance
of intellectual property rights.
(iii) Training officials
11. Insufficient trained officials in LDCs responsible for WTO matters, and for implementation of
WTO Agreements in particular, is a problem area listed frequently by LDCs in the IntegratedFramework exercise.  Difficulties in meeting notification requirements are attributed by many LDCs
to this.  For several WTO Agreements, effective implementation implies the need for trained
personnel extending well beyond routine functions such as meeting notification requirements, and
beyond officials in trade ministries.  An example where assistance has been requested by a large
number of LDCs is the training of customs officials, who clearly are central to the effectiveadministration and implementation of many of the WTO Agreements.  In the case of the TRIPS
Agreement, which is probably the most demanding of  the WTO Agreements in terms of the need for
skilled personnel, many LDCs have identified the need for technical assistance to train officials
involved in the enforcement of intellectual property  rights, including customs officials, the judiciary
and the police, as well as staff employed in patent and trademark offices.
12. Some LDCs have expressed the view that their implementation difficulties could be eased not
only by having a larger number of trained officials in capital but also by being able to staff a
delegation to the WTO in Geneva.
(iv) Adapting domestic legislation, regulations and procedures to comply with
WTO obligations
13. In their needs assessments prepared under th e Integrated Framework, some LDCs have
requested assistance from the WTO Secretariat in drafting or reforming legislation, regulations and
procedures to implement their WTO obligations.  Most of the difficulties identified are concentrated
in the areas covered by the Agreements on Safeguards, Subsidies and Countervailing Measures,
Anti-Dumping and TRIPS.  Two other areas where assistance may be needed in drafting and
implementing legislation and regulations to apply the procedures of the Agreements are TRIMs and
customs valuation (see also Section II).
14. One delegation has for example described the scal e of the task involved, when incorporating
WTO Agreements into national laws and regulations is necessary to give them domestic effect:
"We have already identified about 30 basic trade related laws which need review,
and in some cases, complete repeal.  A Uganda Law Reform Commission is in place
but has the huge task of reviewing all the Laws of Uganda.  A smaller committeeunder the chairmanship of the Ministry of Justice is in place to focus on all trade
related legislation with a bearing on investment.  This committee is being alerted to
the need to comply with the provisions of  the WTO to ensure that the legislation is
in line with them.  There may be need to have these laws redrafted, for which the
Commission and the committee do not have the resources or institutional capacity.In some cases it may be necessary to draft a completely new piece of legislation to
cover areas of the Agreements which had not been anticipated by our legislators.  All
these would call for some assistance and model draft legislation ….  This will helpWT/COMTD/LDC/W/10
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speed up the process and probably give our Parliament time to pass the relevant
statutes within the time-frame of the WTO system."2
(v) Meeting WTO notification requirements
15. By far the most widespread difficulty reported by the LDCs to date is in meeting their WTO
notification obligations.  This matter was given prominence by several LDC Ministers in their
statements at the Ministerial Conference in May 1998.  Technical assistance has been requested in this
area by almost all of the LDCs that have submitted needs assessments under the Integrated
Framework, and the Secretariat regularly encounters requests for help in fulfilling notification
requirements during the course of its technical assistance activities in LDCs.
16. From committee records of notifications received, the difficulties that are being encountered
appear to be general and not associated with any one WTO Agreement in particular.  A few of the29 LDC Members of the WTO have established a good record of meeting their notification
obligations, but overall the situation appears to be unsatisfactory.
17. For example, only six LDCs met the biennial requirement under the Agreement on
Agriculture to make a notification of their domestic support measures in the period 1995-97, and the
number meeting their annual notification requirements on export subsidies fell from twelve in 1995 totwo in 1997.
3  In the case of customs valuation, one LDC has informed the WTO that its legislation
notified under the Tokyo Round Agreement is still valid under the WTO Agreement on Customs
Valuation, and 15 have invoked the special provision allowing them a five year period to delay
application of the provisions of the Agreement, but the remaining 13 have neither invoked the special
provision according them a delay nor notified their legislation putting into effect the Agreement.  In
the case of safeguards, subsidies and countervailing measures, anti-dumping and state trading, very
few LDCs have submitted notifications despite the fact that for the majority of them it is felt by the
Secretariat that notification of legislation or actions taken would require relatively little effort, since
most LDCs are believed not to have relevant legislation nor to take actions under these Agreements.
Under the TRIMs Agreement, LDCs wishing to benefit from the transition period of seven years toeliminate inconsistent measures were required to notify their measures before 31 March 1995;  to
date, three such notifications have been made, two of them well after the stipulated deadline.  Under
the Agreement on Textiles and Clothing, there has been only a limited response by LDCs to the
provisions relating to the submission of programmes for the progressive integration of Members'
textiles and clothing products into GATT 1994 rules.  Five LDCs initially notified their intention to
retain the right to use the transitional safeguard m echanism which required them, in turn, to develop
and notify a three phase integration programme;  three have notified the first-phase, and one thesecond phase.
(vi) Establishing modern data processing facilities
18. Several LDCs have pointed to their lack of modern information technology as creating
difficulties in implementing certain WTO Agreements, particularly Customs Valuation and TRIPS.  It
is not only hardware and software which is lacking,  but also trained personnel.  LDCs have requested
assistance in modernizing and computerising customs procedures and in building up a data base on
prices, freight and insurance charges, and assistance in establishing computerized databases to allow
them to proceed with implementation of the TRIPS Agreement.
                                                     
2From the reply, dated 4 November 1996, of the Ugandan Ministry of Trade and Industry to the
questionnaire on priorities that should be assigned to  WTO technical assistance circulated in May 1996 by the
Chairman of the WTO Committee on Trade and Development.
3Even where a particular LDC does not apply domestic support measures or export subsidies, a
notification to that effect is required.WT/COMTD/LDC/W/10
Page 5
(vii) Designing and implementing policy changes
19. In their needs assessments prepared under the Integrated Framework, a number of LDCs
requested assistance in designing the extent, sequence and timing of liberalization of their tariffs and
other import restrictions which would be in conformity with their WTO obligations, taking due
account of the transitional periods for LDCs where these are provided.  A few LDCs have requestedassistance in developing policies to assist the de velopment of their agricultural production without
violating WTO rules.
II. OVERVIEW OF THE SECRETARIAT'S TECHNICAL ASSISTANCE ACTIVITIES
WITH LDC MEMBERS
(i) Integrated Framework
20. In the context of the Integrated Framework fo r Trade-related Technical Assistance for least-
developed countries, adopted at the High Level Meeting in October 1997, LDCs submitted
assessments of their needs for trade-related technical assistance.  These needs assessments include
requests for technical assistance in the area of compliance with WTO obligations.  In response to such
requests, WTO and the other five agencies involved in the Integrated Framework exercise have set out
their planned activities, details of which are contained in the document series WT/COMTD/IF/1through 39, in particular in the matrixes included in these documents which contain the Integrated
Response by the six agencies, under section A(l).
21. The WTO response to requests for technical assistance in the area of compliance with WTO
obligations broadly covers four types of activities:  (i) organize special trade policy courses in 1998
and 1999, in each year, one for English-speaking and one for French-speaking LDCs;  (ii) holdregional seminars on trade-related topics of specific concern to LDCs; (iii)  organize national
seminars in LDCs to increase awareness of the multilateral trading system and rights and obligations
under the WTO Agreements;  (iv) provide the Ministries responsible for international trade in each
LDC Member and Observer with computer hardware and software, link with them to the Internet and
give them training in using new technologies and accessing information through the WTO website.
22. A more detailed account is included in document WT/COMTD/W/45 which sets out the
activities WTO has so far undertaken/plans to undertake, in response to the LDCs' needs expressed in
their Needs Assessments.  These are the following:
- National seminars
23. Sixteen national seminars were undertaken since the High-Level Meeting (Democratic Rep.
of Congo, Rwanda, Djibouti, Chad, Equatorial Guinea, Ethiopia, Madagascar, Malawi, Mozambique,Nepal, Niger, Cambodia, Laos, Zambia, Haiti, My anmar), of those three national seminars were
undertaken with the participation of ITC (C had, Madagascar and Rwanda) and two with UNDP
(Djibouti and Niger).  Five national seminars are being planned for subsequent weeks (Guinea,
Mauritania, Burundi, Central African Republic and Togo).
- Regional seminars
24. One regional seminar for English-speaking African least-developed countries has taken place
in mid-June, with the participation of ITC.  Two other regional seminars specifically for
least-developed countries have been undertaken in Djibouti  (French-speaking least-developed
countries) and in Bangladesh (Asian and Pacific least-developed countries).WT/COMTD/LDC/W/10
Page 6
25. Twelve regional seminars were held since the High-Level Meeting in which least-developed
countries' officials and representatives from the private sector and from academic institutions
participated.  Four of these regional seminars on the multilateral trading system were undertaken
jointly with the World Bank (in Senegal, Tanzania, Botswana, and in Cameroon).  Eight regional
seminars focussed on specific subjects, in particular on financial services, dispute settlement, marketaccess, trade and environment and TRIPS.
- Short trade policy course
26. The first short trade policy course for English-speaking least-developed countries was held in
May 1998 with 23 participants.  The second short trade policy course is being undertaken for
French-speaking least-developed countries in Turin (Italy) in October 1998.
- Technical missions
27. Six technical missions were undertaken to assist individual least-developed countries in  their
implementation of WTO obligations, with a view to enhancing their participation in the multilateral
trading system.  Three missions concerned specifically notification obligations and issues relating to
the adaptation of internal legislation to WTO disciplines (Haiti, Djibouti and Equatorial Guinea).  Thethree remaining missions were undertaken to assist individual countries in the implementation of their
services commitments (Djibouti, Niger and Madagascar).  Eleven additional missions concerning
implementation issues are being planned (Gambia, Mauritania, Angola, Burundi, Mali, Niger,
Uganda, Tanzania, Benin, Burkina Faso and Maldives).
- Establishing modern data processing facilities
28. In response to requests for assistance to establishing modern data processing facilities, the
Secretariat began a programme to install computers and Internet links in the trade or commerce
ministries of all LDCs.  At the end of Oct ober 1998, 31 least-developed countries will have been
provided with such "Reference Centres" (26 Members and five Observers).  In the course of 1999 it is
foreseen that 38 least-developed countries will have received Reference Centres (all 29 LDCMembers plus nine Observers).
(ii) Joint Integrated Technical Assistance Programme
29. Prior to the High Level Meeting, a Joint Integrated WTO/UNCTAD/ITC Technical
Assistance Programme for Selected Least-Developed and Other African Countries (JITAP) was
adopted in May 1996.  It responds to the urgent need of least-developed and other African countries to
be assisted in the expansion and diversification of their trade and in the process of their integrationinto the multilateral trading system.  This progra mme currently covers eight developing countries,
including four least-developed:  Benin, Burkina Faso, Tanzania, Uganda.  Activities under this
Programme for individual LDCs are being subsumed under the Integrated Framework.  In 1998, a
Common Trust Fund was established to finance country projects by the three organizations involved.
(iii) General
30. With a view to helping LDCs meet their obligat ions in the field of tariffs, including the
establishment of schedules of tariff concessions, several technical assistance missions have taken
place;  in addition, a programme of regional seminars for LDCs has been instituted.  The Secretariat
has also organized a programme of technical assist ance on customs valuation to assist all developing
countries in implementing the Agreement;  this is  open to LDC Members and LDCs in the process of
accession, on their request.WT/COMTD/LDC/W/10
Page 7
31. The Secretariat stands ready to assist LDC Members in drafting legislation concerning
anti-dumping, safeguards, and countervailing measures, and has materials available in this regard.
The Secretariat also has conducted regional and national technical assistance missions in the WTO
rules area.
32. Model notifications covering all WTO notification requirements  were prepared by the
Secretariat and distributed to all WTO Members in the Technical Cooperation Handbook on
Notification Requirements in 1996.  The Secretariat has conducted several Notification Workshops,
some of which are available on video and can be obtain ed at the Secretariat.  In addition, it routinely
assists Members on request with notification problems through contacts with Geneva-based and
capital-based officials by providing comments on draft notifications received and concrete advice on
how to comply with specific notification requirements.
33. In response to requests for assistance to create the necessary domestic institutional and
administrative framework , in the case of the TRIPS Agreement, the Secretariat has held three
workshops for officials from LDCs and some developing countries with the objective of familiarising
them with the basic concepts, principles and obligations of the TRIPS Agreement and facilitating its
implementation.  In these seminars, the need for coordination between relevant authorities having
various responsibilities related to the implementation of the TRIPS Agreement, including preparationof laws and regulations, administration of industrial property, and domestic and border enforcement,
has often been emphasized.  In the rules area the Secretariat has conducted workshops to train
investigators, aimed principally at Members conducting investigations;  a few LDCs have participated
in such training programmes to date.
34. Assistance in designing and implementing policy changes is also provided by the Secretariat
in the context of the Trade Policy Reviews of LDCs.  Following the recommendation made at the
High-Level Meeting to accommodate a greater number of TPRs for LDCs, TPRs have now been
completed or are under preparation in the 1998 review programme for ten of the 29 LDC Members:
Bangladesh, Benin, Burkina Faso, Guinea, Leso tho, Mali, Solomon Islands, Togo, Uganda and
Zambia.
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