WORLD TRADE
ORGANIZATIONWT/DS204/4
30 August 2002
(02-4636)
MEXICO – MEASURES AFFECTING TELECOMMUNICATIONS SERVICES
Constitution of the Panel Established at the Request of the United States
Note by the Secretariat
1. At its meeting on 17 April 2002 (WT/DSB/M/123), the Dispute Settlement Body (DSB)
established a Panel pursuant to the request of the United States in document WT/DS204/3, in
accordance with Article 6 of the DSU.
2. At that meeting, the parties to the dispute agreed that the Panel should have standard terms of
reference.  The terms of reference are, therefore, the following:
"To examine, in the light of the relevant provisions of the covered agreements cited
by the United States in document WT/DS 204/3, the matter referred to the DSB by the
United States in that document, and to make such findings as will assist the DSB in
making the recommendations or in giving the rulings provided for in those
agreements."
3. On 16 August 2002, the United States requested the Director-General to determine the
composition of the Panel, pursuant to paragraph 7 of Article 8 of the DSU.  This paragraph provides:
"If there is no agreement on the panelists within 20 days after the date of the
establishment of a panel, at the request of either party, the Director-General, in
consultation with the Chairman of the DSB and the Chairman of the relevant Council
or Committee, shall determine the composition of the panel by appointing the
panelists whom the Director-General considers most appropriate in accordance withany relevant special or additional rules or procedures of the covered agreement or
covered agreements which are at issue in the dispute, after consulting with the parties
to the dispute.  The Chairman of the DSB shall inform the Members of the
composition of the panel thus formed no later than 10 days after the date the
Chairman receives such a request."
4. On 26 August 2002, the Director-General accordingly composed the Panel as follows:
Chairman: Mr. Ernst-Ulrich Petersmann
Members: Mr. Raymond Tam
Mr. Björn Wellenius
5. Australia, Brazil, Canada, Cuba, the European Communities, Guatemala, Honduras, India,
Japan and Nicaragua have reserved their rights to participate in the Panel proceedings as a third party.
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