20.1
The Parties recognize: (a) the importance of strengthening international efforts to bridge the digital divide and
enable an inclusive digital economy; and
(b) the contribution of electronic commerce rules to overcoming digital trade-related
challenges and promoting the inclusive growth of electronic commerce.
20.2
The Parties acknowledge their role in supporting developing and least-developed country
Parties to effectively participate and tap into growth opportunities in electronic commerce
and the digital economy, including by supporting better access to digital ecosystems and
infrastructure as well as supporting their people and MSMEs.
20.3
The Parties recognize the importance of technical assistance and capacity building to
developing and least-developed country Parties in implementing this Agreement.
20.4
Assistance and support for capacity building should be provided to help developing and
least-developed country Parties implement the provisions of this Agreement, in accordance
with the nature and scope of such provisions. 20.5
The Parties recognize that developing and least-developed country Parties may require an
extended period of time or the acquisition of implementation capacity, through assistance
and support for capacity building, to implement certain obligations under this Agreement.
20.6
Each developing and least-developed country Party may, on the date of entry into force of
this Agreement for that Party, self-designate any provision of this Agreement for which it
requires an implementation period of no more than five years by submitting a list of such
provisions to the Committee.
20.7
Each developing and least-developed country Party may extend, for up to two additional
years, the implementation period for any provisions self-designated pursuant to paragraph
6. Each such Party shall notify the Committee of any extension no later than 120 days before
the expiry of the initial implementation period, detailing the reasons for the extension and
the relevant actions required to complete the implementation thereof.
20.8
Developed country Parties, and developing country Parties in a position to do so, are
encouraged to provide developing and least-developed country Parties with support to
conduct or update their needs assessment to identify gaps in capacity to implement this
Agreement, either bilaterally or through relevant international organizations.
20.9
The results of any needs assessment conducted or updated in accordance with paragraph 8
should inform the self-designation of provisions by a developing or least-developed country
Party under paragraph 6 and the extension of any implementation period under paragraph 7.
20.10 The Parties recognize the importance of technical assistance and capacity building for the
full implementation of all provisions of this Agreement. To this end, developing country and
least-developed country Parties may identify any provision of this Agreement in respect of
which they would most benefit from technical assistance and capacity building. Developed
country Parties, and developing country Parties in a position to do so, agree to facilitate the
provision of assistance and support for capacity building in respect of such provisions, either
bilaterally or through appropriate international organizations, on mutually agreed terms and
taking into account the specific needs and priorities of developing and least-developed
country Parties.
20.11 Parties shall endeavour to apply the following principles for providing assistance and support
for capacity building with regard to the implementation of this Agreement: (a) take into account the overall developmental framework of recipient countries and
regions and, where relevant and appropriate, ongoing reform and technical
assistance and capacity building programmes;
(b) include, where relevant and appropriate, activities to address regional and
sub-regional challenges and promote regional and sub-regional integration;
(c) consider the activities of the private sector, to the extent possible, when developing
capacity building programmes or activities; and
(d) promote coordination between and among Parties and other relevant institutions,
including regional economic communities, to ensure maximum effectiveness of and
results from this assistance. To this end: (i) coordination should aim to avoid overlap and duplication in assistance
programmes and inconsistencies in reform activities through close
coordination of technical assistance and capacity building interventions;
(ii) relevant global and regional trade-related programmes should be considered
as part of this coordination process, including those specifically focused on
least-developed country Parties; and
(iii) Parties should promote internal coordination between their trade and
development officials in the implementation of this Agreement and provision
of technical assistance and capacity building.
20.12 Article 27 shall not apply to the settlement of disputes against a least-developed country
Party concerning any provision of this Agreement for a period of seven years after the date
of entry into force of this Agreement for that Party.
20.13 Article 27 shall not apply to the settlement of disputes against a developing country Party
concerning a provision of this Agreement in respect of which it has self-designated or
extended an implementation period under paragraphs 6 or 7, respectively, for the duration
of the implementation period applicable to that provision.
20.14 Notwithstanding the grace period referred to in paragraph 12, before a Party requests
consultations under Article 27 concerning a measure of a least-developed country Party, and
at all stages of any dispute settlement procedures thereafter, it shall give particular
consideration to the special situation of least-developed country Parties. In this regard, the
Parties shall exercise due restraint in raising matters under Article 27 involving least-
developed country Parties.
20.15 The Parties recognize the importance of transparency in the provision of assistance and
support for capacity building to facilitate the effective implementation of this Agreement. To
this end, the Parties shall endeavour to discuss in the first meeting of the Committee and
regularly thereafter, relevant information on their existing and new technical assistance
and capacity building programmes. To enhance this discussion, in advance of the first
dedicated session of the Committee and regularly thereafter, each developed country Party
shall submit a description of relevant technical assistance and capacity building programmes.
Developing country and least-developed country Parties that have received technical
assistance and capacity building are encouraged to share their experiences. The Parties
intend to use these submissions to help better understand whether existing programmes are
meeting the needs expressed by developing country and least-developed country Parties. 20.16 Developing country Parties declaring themselves in a position to provide assistance and
support for capacity building are encouraged to submit the information specified in
paragraph 15 to the Committee, on the date of entry into force of this Agreement and
regularly thereafter.
20.17 The Committee shall make available online the information provided under paragraphs 15
and 16, together with information about the relevant activities of international organizations.
20.18 Developing country and least-developed country Parties intending to avail themselves of
relevant assistance and support for capacity building shall submit to the Committee
information on a contact point or points of the office or offices responsible for coordinating
and prioritizing such assistance and support.
20.19 For the purposes of this Article, as appropriate, the Committee shall hold at least one
dedicated session annually to: (a) monitor technical assistance or capacity building support for the implementation of
obligations subject to implementation periods self-designated or extended under
paragraphs 6 or 7, respectively;
(b) discuss issues regarding the implementation of the provisions of this Agreement;
(c) review progress regarding technical assistance or capacity building support for the
implementation of this Agreement, including where any developing or least-
developed country Parties are not receiving adequate assistance and support for
capacity building; and
(d) facilitate the sharing of Parties' relevant experiences, challenges, successes, and
information.