April 10, 2003
FTAA - TRADE NEGOTIATIONS COMMITTEE
GUIDANCE AND INSTRUCTIONS TO THE FTAA ENTITIES
MARKET ACCESS NEGOTIATIONS
To facilitate the evaluation of initial offers in goods, countries whose
base tariffs and initial offers were expressed in different nomenclatures
are requested to present the corresponding conversion table. Furthermore,
revised offers are to be presented, to the extent possible, on the basis
of Harmonized System 2002.
After examining the proposal to conduct a study of each country’s base
rate notification, the TNC concluded that in order to authorize the
Tripartite Committee to carry out this study, terms of reference approved
by the NGMA would be needed. The NGMA is instructed therefore to examine
the matter and report to the TNC at its next meeting. In the event that an
agreement is reached on said terms of reference, the NGMA should submit
those terms of reference, after consulting the NGAG, for the consideration
of the TNC at its next meeting so that the TNC can decide whether to
request the Tripartite Committee to prepare this study.
The TNC instructs the NGAG to intensify its discussions on all issues on
its agenda, in particular those related to export subsidies and to all the
other practices that distort trade in agricultural products, including
those that have an equivalent effect to agricultural export subsidies,
without any exceptions and without prejudging the outcome, in accordance
with the mandates of the Buenos Aires and Quito Ministerial Declarations.
The TNC encourages all delegations to submit new proposals. The TNC
instructs the Chair of the NGAG to report, in future meetings, on the
progress made in these issues.
The TNC urges delegations that have yet to present their initial offers in
the Groups on Services, Investment, and Government Procurement to exercise
their best endeavor to do so as soon as possible.
The TNC instructs the Chairs of the Groups on Services and Investment to
hold a joint meeting of their respective groups for the purpose of
discussing commercial presence/investment in services (Mode 3) and, if the
groups so decide, to hold other joint meetings on this subject.
TEXT AND OTHER ISSUES
In order for Ministers at the Miami Ministerial to have a full and clear
vision of the overall structure of the agreement, the TNC recognizes the
need to design an overall structure of the agreement and to harmonize the
formats of the individual chapters.
The TNC instructs the Technical Committee on Institutional Issues (TCI) to
develop a proposed architectural framework for the agreement to be
submitted for TNC review at its next meeting in July, and based on TNC
discussion and guidance, to propose, if necessary, a revised framework for
review and approval by the TNC at its September meeting.
In addition, the TCI is instructed to prepare a template for the draft
chapters and to submit it to the TNC at its July meeting. Once the
template is approved by the TNC, it will be forwarded to the negotiating
groups and the TCI to conform their draft chapters in advance of
submitting them to the TNC 8 weeks prior to the Ministerial.
The TNC instructs the NGDS to review incorporation by reference of WTO
provisions, including the definition and legal effects of “incorporation
by reference,” and make a recommendation to the TNC at its next meeting
about the implications of using this drafting device and possible language
for its use.
CONSULTATIVE GROUP ON SMALLER ECONOMIES
Hemispheric Cooperation Program
In order to fulfill all the mandates contained in paragraph 18 of the
Quito Ministerial Declaration, the CGSE is instructed to develop and
submit to the next meeting of the TNC a plan of action for the convening
of meetings of the CGSE, inviting appropriate development and financial
officials, international financial institutions, international agencies,
and interested private entities, to discuss financing and implementation
of the HCP. The first such meeting should be held sufficiently in advance
of the Miami Ministerial to permit consideration of the results of this
meeting by Ministers.
Differences in the levels of development and size of economies
The TNC reminds all the Negotiating Groups, the TCI, the SOC, and the
Chairs to include in their reports to the TNC a section on the treatment
accorded to the issue of differences in the levels of development and size
of the economies.
The TNC agrees that the instruction contained in Quito Annex I, point 2,
for all the Negotiating Groups to include in their reports to the TNC a
section on the treatment accorded to the issue of differences in the
levels of development and size of the economies, applies not only to the
negotiating groups, but to the Technical Committee on Institutional Issues
The TNC agrees that the instruction set forth in paragraph 17 of the Quito
Ministerial Declaration, regarding translating into specific measures the
guidelines and directives for the treatment of differences in levels of
development and sizes of economies (FTAA.TNC/18), applies to the
negotiating groups, as well as to the Technical Committee on Institutional
The TNC reiterates its guidance contained in TNC/21/Rev.1 paragraph 7, and
Ministers’ instruction contained in Quito Annex I, point 2 that the Chairs
of the FTAA Negotiating Groups and other entities must maintain a timely
and adequate flow of information with the Chair of the Consultative Group
on Smaller Economies. The TNC agrees that this is the responsibility of
the Chairs of the Negotiating Groups, the TCI, and the SOC, and that
carrying out this mandate does not require the approval of the respective
Negotiating Group, the TCI, or the SOC.
TRANSPARENCY AND PARTICIPATION OF CIVIL SOCIETY
CIVIL SOCIETY MEETINGS HELD PARALLEL TO SOC MEETINGS
The TNC instructs the SOC to organize a series of issue meetings that are
open to civil society representatives immediately before or after its
regularly scheduled meetings in 2003 and 2004.
• Venue of the meetings: The venue of these meetings shall rotate among
the FTAA countries.
• Participation: The decision to send governmental representatives to the
issue meetings will be at each country's discretion. Participation will
not be compulsory. Participants will consist of governmental
representatives and a limited number of non-governmental representatives.
The Chairs of the relevant FTAA entities are encouraged to attend these
meetings, if possible.
• Issue meetings: Issues will be identified by the SOC, based on the
issues on the agenda of the FTAA negotiations.
• Reports: At the end of each meeting, the Chair, with the assistance of
the Tripartite Committee, will be responsible for drafting a factual
report that reflects the various viewpoints presented at the meeting. A
consolidated report, which could be titled “Deliberations of the Civil
Society Committee on the issue …”, shall be presented for consideration by
TRANSPARENCY AND CIVIL SOCIETY PARTICIPATION IN THE FTAA PROCESS
Further to the Quito Ministerial mandate on “Transparency and Civil
Society Participation” (Paragraphs 29-35 of the Quito Declaration), the
TNC instructs the Committee of Government Representatives on the
Participation of Civil Society (SOC) to undertake the following work, and
the SOC Chair to report to the TNC on the progress achieved in relation to
this work, as prescribed below:
Work items to be completed before the San Salvador TNC meeting (July
Open and Permanent Invitation
In keeping with the mandates contained in Paragraphs 33 and 34 of the
Quito Declaration, the SOC will take the necessary measures to post, with
the assistance of the Tripartite Committee and of the FTAA Administrative
Secretariat, on an ongoing basis, the executive summaries of civil society
contributions that are received in response to the SOC’s Open and
Permanent Invitation on the official FTAA web site, in the FTAA working
languages (Spanish and English), and, if applicable, the entire
submissions in their original language, in order to increase the
transparency of this important communication channel and to give impetus
to a greater number of contributions from civil society in response to
Work items to be completed before the Port-of-Spain TNC meeting (Sept.
The official FTAA website
Pursuant to Paragraph 33 of the Quito Declaration, where Ministers
“instruct the [SOC] to foster a process of increased and sustained two-way
communication with civil society to ensure that it has a clear perception
of the development of the FTAA negotiation process”, and further “instruct
the TNC to ensure the timely improvement of the official FTAA website and
the incorporation of more information on the FTAA process”, the SOC will
develop recommendations concerning this mandate for the consideration of
the TNC. Specifically, the SOC will develop, with the assistance of the
Tripartite Committee, concrete recommendations on how to improve the
design, use, accessibility, and content of the website. The
recommendations on the content should focus on enhancing the information
provided on the official web site regarding the FTAA process.
Best practices for outreach and consultation with civil society
In line with Paragraph 33 of the Quito Declaration, where the Ministers
“instruct the [SOC] to continue its work to keep promoting transparency,
and to identify and foster the use of best practices for outreach and
consultation with civil society”, the SOC will develop a document on best
practices for disseminating information to civil society and to increase
their participation in the FTAA process at the national and/or regional
levels for consideration by the TNC.
Public statements and press communiqués
Pursuant to Paragraph 33 of the Quito Declaration, where the Ministers
reiterate “that all the FTAA entities, including the TNC, are to issue
public statements at the conclusion of each of their meetings”, and
further instruct the TNC to “to provide guidance to the entities to so as
to ensure a substantial increase in the quality of the information
provided [in these statements]”, the SOC will develop concrete
recommendations related to the enhancement of the information provided in
public statements, including press communiqués, for the consideration of
Civil society committee
The TNC instructs the SOC, in coordination with the TCI, to study the
possibility of establishing, after the entry into force of the FTAA, a
civil society committee within the institutional architecture of the FTAA,
for the consideration of the TNC. This committee could be modeled on the
SOC document on best practices and on similar experiences of civil society
participation that exist in other multilateral and regional institutions
such as the OAS, the United Nations, MERCOSUR, the European Union, CARICOM,
Andean Community, etc.
OTHER RESOLUTIONS OF THE TNC
RULES AND PROCEDURES
The TNC agreed to suspend the addressing of Rules and Procedures as an
item on its agenda.