MINISTERIAL CONFERENCES

Credentials for the 12th Ministerial Conference, rescheduled for 12-15 June 2022

The Rules of Procedure for Sessions of the Ministerial Conference require each WTO Member to be “represented by an accredited representative” and to submit “credentials” of representatives to the WTO Secretariat “at least one week before the opening session” of the Ministerial Conference.

Credentials, which, in line with these Rules, are usually issued and signed by the Minister of Foreign Affairs, authorize selected individuals “to perform on behalf of the Member the functions indicated in the WTO Agreement”.

There is no single, uniform approach for drawing up credentials for a Ministerial Conference; each WTO Member may have its own approach. However, in accordance with established practice, there are certain key elements that must be present and requirements related to deposit.

 

Credentials Checklist

identifies authorized individuals by full name and title;

clearly authorizes named individuals to represent the Member and perform the functions indicated in the WTO Agreement at the Twelfth Ministerial Conference to be held from 12-15 June 2022 in Geneva, Switzerland;

is issued and signed by the Minister of Foreign Affairs, as a general rule;

states the date and place of issuance;

states the name and title of the signatory; and

is submitted at least one week before the opening session of the Ministerial Conference, i.e. by Sunday, 5 June 2022. However, given that this deadline falls on a weekend and is followed by a day of WTO closure, it would be appreciated if each Member could submit valid credentials by the last working day preceding this deadline, i.e. by Friday, 3 June 2022.

WTO Members may rely on the following model for their credentials. The WTO Legal Affairs Division ([email protected]) is happy to comment on draft credentials before they are finalized::

[MEMBER]

CREDENTIALS

I, [name of signatory], Minister for Foreign Affairs of [WTO Member name], do hereby designate:

[name(s) of representative(s)]
[full title for each representative]

to represent [WTO Member name] at the Twelfth Ministerial Conference of the World Trade Organization, scheduled to be held from 12-15 June 2022 in Geneva, Switzerland, with full authority to perform the functions indicated in the WTO Agreement, as provided for in Rule 9 of the Rules of Procedure for Sessions of the Ministerial Conference (WTO document WT/L/161).

Done in [place], this [day] of [month] in the year two thousand and twenty-two.

[signature]
[name]
Minister of Foreign Affairs

 

Frequently Asked Questions

I have already submitted credentials in 2021 for MC12 before it was postponed. Do I need to submit revised credentials or will my original credentials still be valid?

A key requirement of valid credentials is to expressly include the date and place of the meeting. Any credentials submitted last year with the dates and venue of the postponed Ministerial Conference session will need to be replaced by new credentials specifying the date and venue of the rescheduled session. Therefore, Members will be required to submit new credentials with the date and venue of the rescheduled Ministerial Conference session.

If you require any assistance in preparing or reviewing draft credentials, or have any other queries regarding credentials, please do not hesitate to contact Ms Madeleine Mitchell at [email protected].

I have registered for the Ministerial Conference. Do I also need to submit credentials?

Yes. Registration and credentials are distinct requirements and processes relating to the Ministerial Conference.

Registration for the Ministerial Conference through the dedicated e-registration system enables each registered WTO Member delegate to attend the Ministerial Conference by collecting a valid access badge for entering relevant meeting venues. Registration is essentially a logistical requirement.

By contrast, credentials serve to fulfil a legal requirement, namely to authorize the named individuals to validly represent the WTO Member at the Ministerial Conference and, more specifically, to perform the functions indicated in the WTO Agreement on behalf of the WTO Member in question (Rules of Procedure, Rule 9).

Credentials are contained in a physical document, which must be issued and signed by the Minister of Foreign Affairs or by the “competent authority” of the relevant WTO Member (Rules of Procedure, Rule 9) and submitted to the WTO Secretariat at least one week before the opening session of the Ministerial Conference. Under established practice, a WTO Member's Head of State, Head of Government, or, in exceptional circumstances, highest ranking official responsible for external trade matters(1), may also issue and sign credentials.

Documents issued by Permanent Representatives or other Mission officials do not satisfy this requirement, and are therefore not considered to be valid credentials.

Can credentials be issued for only one person, e.g. the head of delegation?

Yes, although WTO Members may have an interest in issuing credentials for more than one person, as a contingency in case of impediment. This would ensure that there is at least one person present authorized to represent the Member at all times during the Ministerial Conference. A valid credentials document fulfilling the above-listed formal requirements may authorize multiple individuals to represent a WTO Member and perform the functions indicated in the WTO Agreement on behalf of such Member.

Do credentials need to be issued for each member of my delegation?

WTO Members may issue credentials for as many individuals as they wish. However, credentials need not be issued for each registered delegate. Typically, credentials are not issued for delegates who, by virtue of their position or function, do not deal with the substance of the Ministerial Conference, e.g. registered administrative and support staff who are not supposed to represent the WTO Member in question on the various substantive matters addressed by the Ministerial Conference.

Must credentials be drafted in a particular language?

WTO Members may issue credentials in any of the three WTO languages (English, French, and Spanish). Alternatively, credentials may be issued in any other language, provided that they are accompanied by an unofficial courtesy translation into one of the three WTO languages.

Can I deposit my credentials at the Ministerial Conference?

Credentials shall be submitted to the WTO Secretariat “at least one week before the opening session” of the Ministerial Conference, i.e. no later than Sunday, 5 June 2022 (Rules of Procedure, Rule 9). However, given that this deadline falls on a weekend and is followed by a day of WTO closure, it would be appreciated if each Member could submit valid credentials by the last working day preceding this deadline, i.e. by Friday, 3 June.

How should credentials be deposited? Can I fax or email my credentials?

The original, hard copy, signed credentials should be hand-delivered or sent by mail to the following address:

WTO Secretariat
Madeleine Mitchell
Depositary Assistant
Legal Affairs Division
Centre William Rappard
154, rue de Lausanne
CH-1211 Geneva 2

Only the original, signed, paper document constitutes legally valid credentials. Unsigned or initialled credentials in the form of notes verbales, even bearing the seal of the Ministry or the Presidency, are not sufficient. Photocopies or electronic copies of credentials sent by e-mail or fax are not acceptable.

Who should I contact with additional questions?

Interested delegations are invited to contact the Depositary Assistant, Madeleine Mitchell ([email protected]) in the WTO Legal Affairs Division with any questions. The depositary team is happy to comment upon draft credentials prior to their finalization and signature.

Notes:

  1. This is particularly the case for WTO Members that might not have officials with titles directly corresponding to the three positions referenced in Article 7.2(a) of the Vienna Convention on the Law of Treaties (Head of State, Head of Government, and Minister of Foreign Affairs) in a way that is acceptable for the entire WTO Membership. back to text

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Rules of Procedure for Sessions of the Ministerial Conference (WT/L/161)

Rule 7

Each Member shall be represented by an accredited representative.

Rule 8

Each representative may be accompanied by such alternates and advisers as the representative may require.

Rule 9

The credentials of representatives shall be submitted to the Secretariat at least one week before the opening of the session. They shall take the form of a communication from or on behalf of the Minister for Foreign Affairs or the competent authority of the Member authorizing the representative to perform on behalf of the Member the functions indicated in the WTO Agreement.(1) The Chairperson after consulting with the Secretariat shall draw attention to any case where a representative has omitted to present credentials in due time and form.

Note:

  1. It is understood that in the case of a separate customs territory Member the credentials of its representatives shall have no implication as to sovereignty. back to text

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