ALCA - FTAA - ZLEA - Working Groups

During the preparatory phase of the FTAA negotiations, twelve working groups were created.
The work programs of these working groups included the identification and examination of existing trade-related measures in each area.

At their first meeting, in Denver in 1995, the FTAA Ministers Responsible for Trade set out an initial work program and established working groups to begin preparatory work in the following areas: Market Access; Customs Procedures and Rules of Origin; Investment; Standards and Technical Barriers to Trade; Sanitary and Phyto-sanitary Measures; Subsidies, Antidumping and Countervailing Duties; and Smaller Economies. At the second meeting of Ministers, held in Cartagena, Ministers created four new working groups to address Government Procurement; Intellectual Property Rights; Services; and Competition Policy. At their third meeting, in Belo Horizonte, Brazil in 1997, Ministers set up a final Working Group on Dispute Settlement

In the San José Declaration, in which Ministers recommended the launching of FTAA negotiations, nine negotiating groups (market access; investment; services; government procurement; dispute settlement; agriculture; intellectual property rights; subsidies, antidumping and countervailing duties; and competition policy) and three special committees (the Committee of Government Representatives on the Participation of Civil Society; the Joint Government-Private Sector Committee of Experts on Electronic Commerce and the Consultative Group on Smaller Economies) were established.

Market Access
Customs Procedures and Rules of Origin
Investment
Standards and Technical Barriers to Trade
Sanitary and Phytosanitary Measures
Subsidies, Antidumping and Countervailing Duties
Smaller Economies
Government Procurement
Intellectual Property Rights
Services
Competition Policy
Dispute Settlement

Working Group: Market Access (created: June 30, 1995)
Chair: El Salvador

Terms of Reference: Denver Ministerial Declaration

1.Construct and organize in the most efficient manner possible a comprehensive data base on market access barriers (tariffs and nontariff measures as required for the WTO Integrated Data Base) in the Hemisphere covering all industrial and agricultural products, using the format of the WTO Integrated Data Base; 2.Make specific recommendations for conducting market access negotiations.
Instructions for Future Work: Cartagena Ministerial Declaration Keep data bases current; Make them public, once contents have been approved by governments.

Meetings: First Meeting, San Salvador, El Salvador, 7-8 September 1995 Second Meeting, Washington, D.C., USA, 4-5 December 1995 Third Meeting, San Salvador, El Salvador, 28-29 February 1996 Fourth Meeting, Washington, D.C., USA, 8-9 July 1996 Fifth Meeting, Washington, D.C., USA, 17-18 February 1997 Sixth Meeting, Washington, D.C., USA, 23-24 July 1997 Seventh Meeting, San Salvador, El Salvador, 9-10 October 1997

Working Group: Standards and Technical Barriers to Trade (created: June 30, 1995)
Chair: Canada

Terms of Reference: Denver Ministerial Declaration 1. Recommend specific ways to enhance transparency, especially in standards development; 2. Compile information on the bodies that exist which are charged with conformity assessment to technical regulations in the Hemisphere, and those organizations which accredit such bodies; 3. Recommend methods to promote understanding of the WTO Agreement on Standards and Technical Barriers to Trade, including through technical assistance; 4. Make recommendations on product testing and certification with a view to mutual recognition agreements.

Instructions for Future Work: Cartagena Ministerial Declaration Develop proposals on mutual accreditation of testing facilities. Prepare an inventory of standards and related measures.

Meetings: First Meeting, Ottawa, Canada 31 August-1 September 1995 Second Meeting, Washington D.C., USA, 7-8 December 1995 Third Meeting, Washington D.C., USA, 22-23 February 1996 Fourth Meeting, Washington D.C., USA, 20-21 June 1996 Fifth Meeting, Washington D.C., USA,11-13 December 1996 Sixth Meeting, Washington D.C., USA, 12-14 March 1997
Publications and Databases: National Practices in Standards, Technical Regulations and Conformity Assessment in the Western Hemisphere Provisions on Standards and Conformity Assessment in Trade and Integration Arrangements of the Western Hemisphere

Working Group: Sanitary and Phytosanitary Measures (created: June 30, 1995)
Chair: Mexico

Terms of Reference: Denver Ministerial Declaration 1. Create an inventory of all agreements on the SPS in the Hemisphere and compile in the most effective manner possible an inventory of SPS regimes in the region; 2. Recommend ways to enhance transparency and information-sharing and improve understanding of laws and regulations that affect trade flows in the region. 3. Identify practices that may need improvement, and make recommendations for their improvement. 4. Promote understanding of the WTO Agreement on Sanitary and Phytosanitary Measures, including through technical assistance, and recommend measures for the effective implementation of this Agreement. 5. Enhance mutual understanding of the scientific basis for SPS certification procedures, with a view to recommend ways to promote recognition of certificates among countries of the Hemisphere. 6.Compile by the most efficient means possible the methods used for risk assessment in the Hemisphere, with a view to work toward common approaches.

Instructions for Future Work: Cartagena Ministerial Declaration Develop proposals on ways to promote the recognition of sanitary and phytosanitary certificates among countries in the Hemisphere.

Meetings: First Meeting, Mexico City, Mexico, 18-19 September 1995 Second Meeting, Mexico City, Mexico, 15-16 March 1996 Third Meeting, Mexico City, Mexico, 29-30 October 1996 Fourth Meeting, Mexico City, Mexico, 21-23 January 1997

Working Group: Subsidies, Antidumping and Countervailing Duties (created: June 30, 1995)
Chair: Argentina

Terms of Reference: Denver Ministerial Declaration 1. Identify agricultural export subsidies and other export practices with similar effects on Hemispheric trade. 2. Recommend ways to address all trade-distorting practices for agricultural products that are traded in or with the Hemisphere. 3. Promote understanding of WTO obligations in the area of subsidies, and begin to compile an inventory of subsidies practices in the Hemisphere. 4. Review information on the dumping and subsidies laws of countries in the Hemisphere. 5. Exchange views on the application and operation of trade remedy laws regarding subsidies and dumping and develop recommendations for further work.

Instructions for Future Work: Cartagena Ministerial Declaration Release the compendium of the Hemispheric trade laws and procedures being compiled by the OAS.

Meetings: First Meeting, Washington D.C., USA, 11-12 September, 1995 Second Meeting, Buenos Aires, Argentina, 27-28 November 1995 Third Meeting, Washington D.C., USA, 4-5 March 1996 Fourth Meeting, Washington D.C., USA, 2-3 July 1996 Fifth Meeting, Washington D.C., USA, 3-4 December 1996 Sixth Meeting, Buenos Aires, Argentina, 13-14 February 1997
Publications and Databases: Compendium of Antidumping and Countervailing Duty Laws in the Western Hemisphere

Working Group: Smaller Economies (created: June 30, 1995)
Chair: Jamaica

Terms of Reference: Denver Ministerial Declaration 1. Identify and assess the factors affecting the participation of smaller economies in the FTAA and the expansion of trade and investment stimulated therefrom. 2. Identify and examine ways to facilitate the adjustment of the smaller economies to the FTAA process, including the promotion and expansion of their trade, and provide recommendations on measures and issues to be taken into account in the negotiations of the FTAA. 3. Request the IDB, ECLAC, the OAS and other relevant institutions to provide pertinent information on their activities to facilitate integration of the smaller economies in the Hemisphere.

Instructions for Future Work: Cartagena Ministerial Declaration Make recommendations on measures, including technical assistance, to facilitate the integration of smaller economies into the FTAA.

Meetings: First Meeting, Kingston, Jamaica, 28-29 August 1995 Second Meeting, Washington D.C., USA, 7-8 December 1995 Third Meeting, Kingston, Jamaica, 15-16 February 1996 Fourth Meeting, Bridgetown, Barbados, 19-20 July 1996 Fifth Meeting, Caracas, Venezuela, 13-14 November 1996 Sixth Meeting, Georgetown, Guyana, 13 February 1997

Working Group: Government Procurement (created: March 21, 1996)
Chair: United States

Terms of Reference: Cartagena Ministerial Declaration 1.Collect, systematize and create an inventory of the legislation, regulations, and procedures in the countries of the Hemisphere regarding government procurement, starting at the central government level, including, among other, state-owned enterprises. On the basis of that inventory, undertake a study of barries to access to procurement by the public sector. 2.Create an inventory and analysis of regulations on government procurement included in integration schemes and other existing agreements to which countries in the Hemisphere are signatories. 3.Compile available data on purchases of goods and services by central governments, including, among others, state-owned enterprises, in the Hemisphere. 4. Identify areas of commonality and divergence among government procurement systems in countries of the Hemisphere. 5.Recommend methods to promote understanding of the WTO Government Procurement Agreement. 5. Recommend methods to promote transparency in government procurement. 6.Make specific recommendations on how to proceed in the construction of the FTAA in this area. Meetings: First Meeting, Washington, D.C., USA, 25-26 June 1996. Second Meeting, Washington, D.C., USA, 22-24 October 1996. Third Meeting, Washington, D.C., USA, 4-6 February 1997. Fourth Meeting, Washington, D.C., USA, 28-29 April 1997. Publications and Databases: Government Procurement Rules in Integration Arrangements in the Americas National Legislation, Regulations and Procedures Regarding Government Procurement in the Americas

Working Group: Intellectual Property Rights (created: March 21, 1996)
Chair: Honduras

Terms of Reference: Cartagena Ministerial Declaration 1. Create an inventory of the intellectual property agreements, treaties and arrangements that exist in the Hemisphere, including all international conventions to which countries are parties. 2. Compile, in the most efficient manner, an inventory of intellectual property protection laws, regulations and enforcement measures in the Hemisphere and, on the basis of this information, identify areas of commonality and divergence. 3. Recommend methods to promote the understanding and effective implementation of the WTO Agreement on the Trade-Related Aspects of Intellectual Property Rights (TRIPs). 4.Identify possible areas for technical assistance, which countries may request, involving both the administration and enforcement of intellectual property rights. 5.Analyze the implications of emerging technologies for intellectual property rights protection in the FTAA. 6.Make specific recommendations on how to proceed in the construction of the FTAA in this area

Meetings: First Meeting, Washington D.C., USA, 20-21 June 1996 Second Meeting, Tegucigalpa, Honduras, 5-6 November 1996 Third Meeting, Cancun, Mexico, February 17-19 1997

Working Group: Services (created: March 21, 1996)
Chair: Chile

Terms of Reference: Cartagena Ministerial Declaration 1. Undertake conceptual background work on the nature of trade in services, including the relationship to other working groups, including investment . 2.Compile a comprehensive inventory of agreements accords and other arrangements covering trade services in the Hemisphere and determine areas of commonality and divergence. 3. Create a comprehensive inventory of measures affecting trade in services within the Hemisphere and identify steps to enhance transparency and facilitate trade. 4. Create a statistical database of trade flows in services in the Hemisphere. 5. Recommend methods to promote understanding and effective implementation of the WTO General Agreement on Trade in Services (GATS), including technical assistance. 6. Make specific recommendations on how to proceed in the construction of the FTAA in this area

Meetings: Fifth Meeting, Santiago, Chile, 8-10 October 1997 Second Meeting, Santiago, Chile, 2-3 December 1996 Fourth Meeting, Santiago, Chile, 15-16 July 1997 First Meeting, Santiago, Chile, 17-18 June 1996 Third Meeting, Santiago, Chile, 18-20 March 1997
Publications and Databases: Provisions on Trade in Services in Trade and Integration Agreements of the Western Hemisphere A Bibliographical Note on Trade in Services: Concepts and Liberalization Principles Sectoral Agreements on Services in the Western Hemisphere

Working Group: Competition Policy (created: March 21, 1996)
Chair: Peru
Terms of Reference: Cartagena Ministerial Declaration
1.Promote understanding of the objectives and operation of competition policy. 2.Compile an inventory of domestic laws and regulations that exist in the Hemisphere that deal with anti-competition conduct and, on the basis of that information, identify areas of commonality and divergence. 3. Create an inventory of the competition policy agreements, treaties and arrangements existing in the Hemisphere. 4. Identify cooperation mechanisms among governments in the Hemisphere aiming at ensuring the effective implementation of competition policy laws. 5. Recommend ways to assist members to establish or improve their domestic competition policy regimes, as they may request. 6. Exchange views on the application and operation of competition policy regimes in the countries of the Hemisphere and their relationship to trade in a free trade area. 7. Make specific recommendations on how to proceed in the construction of the FTAA in this area.
Meetings:
First Meeting, Lima, Peru, 16-17 May 1996 Second Meeting, Lima, Peru, 15-16 August 1996 Third Meeting, Lima, Peru, 29-31 January 1997
Publications and Databases:
Inventory of Domestic Laws and Regulations relating to Competition Policy in the Western Hemisphere Inventory of the Competition Policy Agreements, Treaties and other Arrangements Existing in the Western Hemisphere Report on Developments and Enforcement of Competition Policy and Laws in the Western Hemisphere

Working Group: Dispute Settlement (created: May 16, 1997)
Chair: Uruguay

Terms of Reference: Belo Horizonte Ministerial Declaration 1. Compile an inventory of dispute settlement procedures and mechanisms included in agreements, treaties and arrangements of integration existing in the hemisphere and those of the WTO, appending the legal texts. On the basis of this inventory, identify areas of commonality and divergence among dispute settlement systems in the hemisphere, including with respect to the extent to which these systems have been employed. 2. Exchange views, following internal consultations with the private sector, regarding mechanisms to encourage and facilitate the use of arbitration and other means of alternative dispute resolution for the settlement of international commercial disputes. 3. Recommend methods to promote understanding of the procedures under the WTO Understanding on Rules and Procedures Governing the Settlement of Disputes. 4. In the light of the various subjects to be covered by the FTAA agreement and other relevant factors, exchange views on possible approaches to dispute settlement under the FTAA agreement, in line with the World Trade Organization understanding on Rules and Procedures Governing the Settlement of Disputes. 5. Make specific recommendations on how to proceed in the construction of the FTAA in this area.

Meetings: First Meeting, Montevideo, Uruguay 10-11 July 1997


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Working Group: Customs Procedures and Rules of Origin (created: June 30, 1995)
Chair: Bolivia

Terms of Reference: Denver Ministerial Declaration 1.Compile in the most efficient manner possible a comprehensive inventory of Hemisphere customs procedures and determine the feasibility of publishing a Hemisphere Guide to Customs Procedures. 2.Develop features that are fundamental to an efficient and transparent system of rules of origin, including nomenclature and certificates of origin. 3.Identify areas for technical cooperation in customs operation, such as connections among computerized systems and the prevention of fraud. 4.Recommend a specific approach for Hemisphere-wide simplification of customs procedures. 5.Make specific recommendations for conducting negotiations on rules of origin.

Instructions for Future Work: Cartagena Ministerial Declaration Develop and improve the complete inventory of customs procedures in the Hemisphere and publish the Customs Procedures Manual for use by the private sector. Make recommendations on promoting the electronic filing of customs documentation.

Meetings: First Meeting, Santa Cruz, Bolivia, 28-29 September 1995 Second Meeting, La Paz, Bolivia, 22-23 January 1996 Third Meeting, Washington, D.C., USA, 23-24 February 1996 Fourth Meeting, Santa Cruz, Bolivia, 4-6 September 1996 Fifth Meeting, Washington D.C., USA, 29-30 January 1997 Sixth Meeting, Washington D.C., USA, 1-2 April 1997 Seventh Meeting, Washington, D.C., USA, 5-7 May 1997

Working Group: Investment (created: June 30, 1995)
Chair: Costa Rica

Terms of Reference: Denver Ministerial Declaration 1.Create an inventory of investment agreements and treaties, and the protection therein, that exist in the region. 2.Compile in the most efficient manner possible an inventory of investment regimes in the region and, on the basis of this information, determine areas of commonality and divergence and make specific recommendations.

Instructions for Future Work: Cartagena Ministerial Declaration Publish a guidebook on investment regimes in the Hemisphere. Promote accession to existing arbitral conventions. Publish the inventory of investment agreements and treaties in the region.

Meetings: First Meeting, San Jose, Costa Rica, 4-5 September 1995 Second Meeting, San Jose, Costa Rica, 29-30 November 1995 Third Meeting, San Jose, Costa Rica, 7-8 February 1996 Fourth Meeting, San Jose, Costa Rica, 4 June 1996 Fifth Meeting, San Jose, Costa Rica, 2-3 September 1996 Sixth Meeting, San Jose, Costa Rica, 19-20 November 1996 Seventh Meeting, San Jose, Costa Rica, 10-11 March 1997 Eighth Meeting, San Jose, Costa Rica, 1-2 July 1997
Publications and Databases: Investment Agreements in the Western Hemisphere: A Compendium