How to accept the Agreement on Electronic Commerce

How to accept the Agreement on Electronic Commerce How to accept the Agreement on Electronic Commerce How to accept the Agreement on Electronic Commerce

E-Commerce

How to accept the Agreement on Electronic Commerce

At the 14th WTO Ministerial Conference, held in Yaoundé, Cameroon, from 26 to 30 March 2026, 67 WTO members adopted a pathway to bring the Agreement on Electronic Commerce (ECA) into force through interim arrangements while continuing to work towards its incorporation into the WTO Agreement. As a result, the ECA is now open for acceptance by any member of the WTO.

Pursuant to the provisions of the ECA, acceptance of the ECA shall take place by deposit of an instrument of acceptance with the Director-General of the WTO (Article 29.1). The ECA shall enter into force 30 days after the deposit of the 45th instrument of acceptance. Following its entry into force, the ECA will take effect on the 30th day following the deposit of the instrument of acceptance of each member (Article 29.2).

This webpage responds to frequently asked questions about acceptance procedures and provides a model instrument of acceptance that members may wish to follow in preparing their instruments of acceptance.

Frequently asked questions

What is the WTO practice regarding the deposit of acceptances?

The WTO closely follows established United Nations depositary practice, which is based in international treaty law, including the formalities and requirements concerning valid acceptance set out below.

What must be stated in an instrument of acceptance?

There is no single, uniform approach for drawing up an instrument of acceptance for the ECA; each individual member may have its own practice for accepting international treaties and treaty amendments. However, in line with established depositary practice, the instrument of acceptance must give clear and unambiguous expression to the relevant member’s intention and consent to be bound by the agreement in question (in this case, the ECA).
In particular, the instrument of acceptance must adhere to the following requirements:

  • be in writing (i.e., a hardcopy document)
  • clearly identify the ECA by its full title and by the place and date of its adoption, i.e. “the Agreement on Electronic Commerce, done at Yaoundé on 28 March 2026” or, alternatively, reproduce the ECA as an attachment to the instrument of acceptance;
  • state that the member concerned formally accepts the ECA and expresses its consent to be bound by the Agreement;
  • state the date and the place of issuance of the instrument of acceptance;
  • be signed; and
  • state the name and title of the person signing the instrument.

The WTO working languages are English, French and Spanish. In the event that the instrument of acceptance is drafted in another language, an unofficial courtesy translation to one of the three official languages must accompany the instrument.

Who may sign the instrument of acceptance?

The above-mentioned established practice is for the instrument of acceptance to be issued and signed by the head of state, the head of government, or the minister for foreign affairs (the “Big Three”).(1) The instrument may be signed by another official provided that he or she produces official documentation (“full powers”) to the effect that one of the “Big Three” has authorized him or her to issue and sign the instrument.

Unsigned instruments in the form of notes verbales, even bearing the seal of the ministry or of the presidency, are not sufficient for accepting the ECA.

What are the arrangements for depositing a valid instrument of acceptance?

In practical terms, the instrument of acceptance should be deposited with the Depositary Assistant in the WTO Legal Affairs Division. Only original instruments are valid, and the date of deposit corresponds to the date when the valid original instrument fulfilling the above requirements is received by the Depositary Assistant. Copies in electronic or paper form are not acceptable. The instrument may be deposited in-person or mailed to the WTO. Instruments of acceptance may not be deposited electronically.

Model instrument of acceptance

For the Agreement on Electronic Commerce, done at Yaoundé on 28 March 2026

[Member]

INSTRUMENT OF ACCEPTANCE OF THE AGREEMENT ON ELECTRONIC COMMERCE

Whereas the Agreement on Electronic Commerce (“the Agreement”) was done at Yaoundé on 28 March 2026 (WT/MIN(26)/42);

Now therefore, I, [name of signatory], [where applicable: head of state, head of government or minister of foreign affairs] of [Member], do hereby formally declare that [Member] accepts the aforementioned Agreement and undertakes faithfully to perform and carry out the stipulations therein contained.

In witness whereof, I [name and title of signatory] have signed this Instrument of Acceptance, at [place] on this [day] of [month] in the year [year].

[Signature, title and seal]

Interested delegations are invited to contact the Depositary Assistant in the WTO Legal Affairs Division ([email protected]), with any further questions, in particular if further assistance is needed with drawing up a valid instrument of acceptance.

Footnotes

  1. Alternatively, where applicable, a member’s competent authority, typically the highest ranking official responsible for external trade matters, may issue and sign the instrument. This is particularly the case for WTO members that might not have officials with titles directly corresponding to the “Big Three” in a way that is acceptable for the entire WTO membership. Back to text