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E-COMMERCE: AN INTERNATIONAL EFFORT
The development of electronic commerce clearly has a head start in the United States. However, leading international organizations are actively engaged is such e-commerce issues as intellectual property, Internet security, and taxation to help ensure that business conducted over the Internet is free from trade restrictions and that electronic business opportunities are available to developing and industrial countries alike. Following are some of the e-commerce efforts undertaken by these organizations. ORGANIZATION FOR ECONOMIC COOPERATION AND DEVELOPMENT (OECD) The OECD has promulgated a number of guidelines and policy reports aimed at examining the implications of electronic commerce for governments, business, and the general public and at providing recommendations for further actions. The following reports and guidelines may be accessed from the Internet at http://www.oecd.org/dsti/sti/it/ec/index.htm. Guidelines for Consumer Protection in the Context of Electronic Commerce (December 1999): Assists governments, businesses, and consumer representatives in developing and implementing online consumer protection mechanisms. Global Information Infrastructure-Global Information Society: Policy Recommendations for Action (May 1997): Encourages the development of policies that fully exploit the contributions of advances in information technology. Guidelines for Cryptography Policy (March 1997): Guides countries in formulating their own policies and legislation relating to the use of cryptography. Guidelines for the Security of Information Systems (November 1992): Addresses the safety of cross-border electronic commerce, including electronic money transactions and Internet payments. The Declaration on Transborder Data Flows (April 1985): Promotes access to and protection of information affecting transborder data flows. Guidelines Governing the Protection of Privacy and Transborder Flows of Personal Data (September 1980): Seeks harmonization of national privacy legislation and provides a framework for facilitating international flows of data, while upholding human rights. WORLD TRADE ORGANIZATION (WTO) On September 30, 1998, the WTO General Council established a formal work program to address a number of e-commerce issues of relevance to the WTO, such as intellectual property, government procurement, import duties on information technology products, and services. An agreement also was brokered not to impose customs duties on electronic transmissions. The moratorium on taxation is still in effect. Different WTO committees are conducting the current work program, and initial reports were submitted in July 1999. The committees and the Web addresses for the initial reports are as follows: The Council for Trade in Services: Examines e-commerce issues related to most-favored-nation treatment, transparency, competition, privacy, national treatment, access to public telecommunications transport networks, and customs duties. http://www.wto.org/wto/ecom/e_cts.htm The Council for Trade in Goods: Examines market access for products related to electronic commerce, valuation issues, standards, and rules of origin. http://www.wto.org/wto/ecom/e_ctg.htm The Council for Trade-Related Intellectual Property: Examines protection and enforcement of copyrights and trademarks. http://www.wto.org/wto/ecom/e_trips.htm The Committee for Trade and Development: Examines the effects of electronic commerce on the trade and on the economic prospects of developing countries, and how to enhance developing country participation in electronic commerce. http://www.wto.org/wto/ecom/e_ctd.htm UNITED NATIONS COMMISSION ON INTERNATIONAL TRADE LAW (UNCITRAL) UNCITRAL, the central legal body of the United Nations system in the field of international trade law, has formulated a model electronic commerce law, endorsed by the UN General Assembly, that supports the commercial use of international contracts in electronic commerce. This model law establishes rules and norms that validate and recognize contracts formed through electronic means, sets default rules for contract formation and governance of electronic contract commerce, defines the characteristics of a valid electronic writing and an original document, provides for the acceptability of electronic signatures for legal and commercial purposes, and supports the admission of computer evidence in courts and arbitration proceedings. The Model Law is being implemented in many countries and is generally regarded as a useful reference by legislators throughout the world. UNCITRAL also was responsible for a Model Law on International Credit Transfers in 1992, and it published a legal guide on electronic funds transfers in 1987. http://www.uncitral.org/en-index.htm ASIA-PACIFIC ECONOMIC COOPERATION FORUM (APEC) Ministers to the 11th APEC ministerial meeting in New Zealand, September 9-10, 1999, issued a statement noting the potential for electronic commerce to provide "extraordinary stimulus to regional growth and trade." The statement provides the following guidelines and measures for further work, with the aim of achieving paperless trading by 2005 for developed economies and by 2010 for developing economies.
WORLD INTELLECTUAL PROPERTY ORGANIZATION (WIPO) In September 1999, WIPO member states approved the Digital Agenda, the key goals of which are to:
See http://www.wipo.org/eng/pressrel/1999/p185r.htm FREE TRADE AREA OF THE AMERICAS (FTAA) A joint government-private sector committee of experts, meeting under FTAA auspices, issued recommendations to ministers in September 1999 calling for enhanced telecommunications infrastructure development, lower telecommunication costs, increased skills training related to digital technologies, and effective intellectual property protection. Specifically, the report urged:
The report may be accessed on-line at http://www.ecommerce.gov/PressRelease/ecom-01.html.
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