 RESTRICTED  
  
S/WPDR/W/64/ Rev.2 
 
22 October  2021 
(21-7986) Page: 1/1 
Working Party on Domestic Regulation    
 
 
- DRAFT - 
ANNUA L REPORT OF THE WORKING PARTY ON DOMESTIC REGULATION  
TO THE COUNCIL FOR TRADE IN SERVICES (20 21) 
Revision  
1.  Since its 2020 annual report to the Council for Trade in Services1, the Working Party on Domestic 
Regulation held one formal meeting , on 30 June 2021.2 
2.  At the meeting, the delegations of India and South Africa detailed their concerns with respect to 
the development of disciplines on domestic regulation through a Reference Paper by a Joint Initiative . 
The opening statement was circulated to  all Members.3 At the meeting, the delegations of Sri Lanka, 
Venezuela, and Zimbabwe associated themselves with the statement by India and South Africa.  
3.  The con cerns raised related to the legal status of the Joint Initiative and any possible outcome of 
its negotiations4, and the implications for the multilateral mandate under Article VI:4 of the GATS . 
Questions were also raised as to whether certain disciplines set out in the draft Reference Paper on 
Services Domestic Regulation that was being negotiated in the Joint Initiative would amend, interpret 
or dilute  existing obligations under the GATS.   
4.  Twenty -one (21) delegations  who are participants in the Joint Initiative  noted that the disciplines 
developed by the Joint Initiative were GATS -plus in nature and  did not affect the multilateral 
mandate . A clear legal pathway for the integration of the disciplines into participating Members' 
Schedules of Specific Commitments e xisted in the WTO, and the new additional commitments would 
apply to the benefit of service suppliers of all Members. In their responses, several of these 
delegations referred to a Note on the relationship between the disciplines negotiated in the Joint 
Initiative and the GATS.5 
5.  No convergence was reached among the Members.  
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1 Annual Report of the Working Party on Domestic Regulation (2020), S/WPDR/24 , dated 
27 November  2020. 
2 The Report of the meeting is contained in document S/WPDR/M/7 7, dated 29 July 2021,  and should be 
read in conjunction with this Annual Report.  
3 RD/SERV/ WPDR/1, dated 1 July 2021 . 
4 As set out in document W T/GC/W/819 /Rev.1, dated 30 April 2021 . 
5 INF/SDR/W/4 , dated 11 May 2 020. 