RESTRICTED  
  
WT/ACC/TLS/31  
 
25 July  2023 
(23-5067) Page: 1/15 
Working Party on the Accession of Timor -Leste  Original: English  
 
ACCESSION OF TIMOR -LESTE  
QUESTIONS AND REPLIES  
The following submission, dated 24 July  2023, is being circulated at the request of the 
Delegation of the Democratic Republic of Timor -Leste.  
 
_______________  
 
 
  WT/ACC/TLS/31  
 
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  TABLE OF CONTENT S 
II. ECONOMIC POLICIES  ................................ ................................ ..............................  3 
- Monetary and fiscal policy  ................................ ................................ ..........................  4 
- Investment regime  ................................ ................................ ................................ ... 5 
III. FRAMEWORK FOR MAKING AND ENFORCING POLICIES  ................................ ...... 6 
IV. POLICIES AFFECTING TRADE IN GOODS  ................................ ................................ . 7 
A. IMPORT  REGULATIONS  ................................ ................................ ...........................  7 
- Ordinary customs duties  ................................ ................................ ............................  7 
- Fees and charges for services rendere d ................................ ................................ ....... 8 
- Rules of origin  ................................ ................................ ................................ .........  8 
- Anti-dumping, countervailing duties, safeguard regimes  ................................ .................  9 
C. INTERNAL POLICIES AFFECTING FOREIGN TRADE IN GOODS  ...............................  10 
- Technical barriers to trade, standards and certification ................................ ..................  10 
- Sanitary and phytosanitary measures  ................................ ................................ .........  10 
- Agricultural policies  ................................ ................................ ................................ . 14 
V. TRADE -RELATED INTELLECTUAL PROPERTY REGIME  ................................ .............  14 
 
 
  WT/ACC/TLS/31  
 
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  II. ECONOMIC POLICIES  
Question .  
Paragraph 8:1 Timor -Leste lists agriculture as one of the priority sectors to drive economic 
diversification. In document WT/ACC/TLS/28, Question 15, we asked about Timor -Leste's 
value of agricultural production. Timor -Leste provided the value of production for two 
specific agricultural products (corn and rice), and assured Members that the POVO KUDA 
GOVERNU SOSA program terminated in 2012.  
We would like  to note that our question was not motivated by an interest in POVO KUDA 
GOVERNU SOSA. Rather, we asked about value of agricultural production because of its 
relevance to the commitments in the Agreement on Agriculture, specifically Article 6. 
Article 6, P aragraphs 4(a) and (b) describe " de minimis " domestic support levels which 
Members can exempt from their calculations of Current Total AMS. 
The non-product -specific de minimis  is calculated against the value of a member’s  total 
agricultural production. In document WT/ACC/SPEC/TLS/1/Rev.2 , Timor -Leste 
circulated Supporting Tables DS:1 through 9. Document G/AG/2 containing the 
notification requirements for domestic support does not include reporting the value of 
agricultural production, but some Members choos e to include it for context.  
We thank Timor -Leste for sharing each of the values for the product -specific value of 
production of corn and rice. However, we are still interested in Timor -Leste's total value 
of production for all agricultural products. Since Timor -Leste has indicated that 
agricultural development is a priority, Timor -Leste may find it useful to use the value of 
production to calculate the non -product -specific de -minimis, which is part of the broader 
picture when Timor -Leste con siders how much policy space for agricultural subsidies will 
be available upon accession to the WTO.  
Answer:  
The total value of agricultural production in Timor -Leste, for the period 2013 -2021, is as follows :  
In US$  
Year Value  
2013 408,430,000  
2014 444,318,000  
2015 496,159,000  
2016 443,338,000  
2017 411,966,000  
2018 455,260,000  
2019 522,675,000  
2020 547,868,000  
2021 710,227,000  
Source : FAOSTAT . 
Question .  
Paragraph 10: The Draft Working Party Report states that, in August 2020, the 
Government of Timor -Leste had adopted the Economic Recovery Plan for 2020 -2023. It  
also states that in 2020 -2022, the Government had implemented four short -term ERP 
measures: (i)  universal Basic Basket program, (ii) recovery subsidies for the private 
sector, (iii) contributory subsidies for the private sector, and (iv) special support for 
informal workers. We applaud Timor -Leste's efforts to address the food security of its 
people . We have few questions including:  
 
1 Here and below, unless otherwise specified, paragraph and annex numbers are meant to refer to the 
revised draft Report of the Working Party (document WT/ACC/SPEC/TLS/5/Rev.1 ). WT/ACC/TLS/31  
 
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  • Was the Government of Timor -Leste able to cover the costs of the Basic Basket 
program, or was assistance needed from international donors?  
• Was assistance provided in the form of cash payments (or vouchers) to Timorese 
consumers, or was the assistance provided as an actual basket of food (or food and 
other non -food products)?  
• What criteria and data did the Ministry of Agriculture and Fisheries use to identify 
the beneficiaries of the Basic Basket program?  
Answer:  
The Econo mic Recovery Plan, approved by Government Resolution No. 28/2020  of 19 August 2020,  
included the implementation of extraordinary measures to promote the economic recovery of the 
country including the Basic Basket Program. The Government of Timor -Leste was able to cover the 
costs of the Basic Basket program with its own resources. A special COVID Fund was created to 
cover the costs of all extraordinary measures implemented during and after the COVID -19 pandemic, 
including this program.  
As per Article 4(1)(2) of the Decree -Law No. 48/2020 of 7 October  2020 on " Supporting Measures 
to Families through the attribution of the "Basic Basket " and to Local Economic Operators, within 
the Economic Recovery Plan, a nd Establishment of a Special Procurement Regime ", as amended by 
the Decree -Law No. 1/2021 of 6 January  2021, the assistance was provided in the form of actual 
baskets of food  and other products . As per the Decree -Law, i n the main cities, such baskets could  
be replaced by vouchers linked to the same products . In practice, only baskets of food and other 
products  were distributed.  
The beneficiaries of the program were identified through the national "Uma Kain " (family units) 
registration books.  As per De cree-Law No. 48/2020 of 7 October 2020, any citizen was eligible for 
the support. As per Decree -Law No. 10/2022 of 4 March 2022  on "Approv al of Measures to 
Strengthen the Distribution of Basic Food Baskets to Timorese families in M ost Need and to Support 
Local Economic Operators and Creation of  a Special Procurement Regime for this Purpose, under the 
Economic Recovery Plan" (provided to the Working Party, see notice of legislation in document 
WT/ACC/TLS/30) , only individuals with a month ly income under US$ 500 were eligible for the Basic 
Basket program.  
The program discontinue d as of 30 June  2023.  
- Monetary and fiscal policy  
Question .  
Paragraph 16: It is stated "As of 2022, there was no indication of when Timor -Leste might 
adopt its own currency.  The Government had entrusted the CBTL [central bank] to 
undertake research to study such a possibility."   
In its staff report following the 2022 Article IV Consultation with Timor Leste , the IMF 
noted advantages to the economy from de -dollarization and suggested that the central 
bank could "start developing a strategy —such as in the form of a White Paper —to explore 
the necessary steps to introduce a national currency and raise awareness."   
• What are the government's views on this recommendation?  
• What steps is the government considering to begin work on a strategy for 
transitioning to a national currency?  
Answer:  
The Central Bank of Timor -Leste ( CBTL) recognizes that there are advantages to the 
de-dollariz ation/establis hment  of a national currency, the main one being the opportunity  of 
controlling  its own economic policy.   WT/ACC/TLS/31  
 
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  As the introduction of a national currency was included in the National Strategic Plan, the Central 
Bank has been determined in preparing the conditions, including the overall process of  building 
institutional capacity, starting with the d rafting  of the Central Bank Law and the transformation of 
the Banking and Payments Authority (BPA) into the Central Bank o f Timor -Leste in 2011. Further 
steps were the development of its own financial strategic plan, promot ing and develop ing the modern 
national payment and financial system .  Answering to the  needs of the public  has also been a priority 
as well as prepar ing for the implementation of an effective monetary policy  if or when the time 
come s. Thus, the CBTL will continue undertaking research to study the possibility of introducing a 
national currency. However, considering new trends such as the introduction of centr al bank digital 
currencies, the CBTL needs to prepare and adjust itself to the world 's new demands, slowing the 
eventual introduction of the national currency. Hence, there are no plans in the short term for the 
introduction of a national currency. At this  moment, the C BTL will continue building its capacities 
and Timor -Leste is focused on strengthening its fiscal policy and its capacities and expertise.  
- Investment regime  
Question .  
Paragraph 29: The World Bank's 2016 -2017 Investment Reform Map reportedly suggested  
that the government of Timor -Leste target crops such as coffee, candlenut, maize, rice, 
cocoa, vanilla, cattle, goat, pig, chicken, broccoli, cauliflower, banana, mango, avocado, 
tangerine, red beans, mung beans, soybeans, peanuts, peppers, and cloves, and that 
short -term reforms would be needed to target these sectors. Timor -Leste's Investment 
and Export Promotion Agency (TradeInvest Timor -Leste) has been refocused to 
concentrate on these sectors.  
• Please describe  the changes made at TradeInvest Timor -Leste to focus on the 
agricultural products described above.  
• Please describe any new programs that TradeInvest Timor -Leste will carry out to 
develop investment in production of the agricultural goods described above.   
• We are interested to hear how TradeInvest Timor -Leste has promoted gender 
equality and the participation of women (as planned in several provisions of Decree -
Law No. 45/2015),  particularly gender equality and participation of women in the 
agriculture sector.  
Answer:  
Timor -Leste would like to notify that the I nvestment Reform Map (IRM)  revision process has now 
come to a completion (subject to approval by the Coordinating Ministe r for Economic Affairs and 
appreciation by the Council of Ministers). The draft IRM has been provided to the Working Party (see 
notice of legislation in document WT/ACC/TLS/30). The IRM  revision has focused on the investment 
and export promotion and facilitation of productive sectors including agriculture products as 
described in the DWPR.  In order to focus on the agricultural products as described in the draft Report 
of the Working Part y, TradeInvest  has developed a 5-year strategic plan (2022 -2027)  which outlines 
sector prioritization strategies  focusing  on the agricultur al sector and its subsectors . 
Some of the new programs that TradeInvest Timor -Leste will carry out to develop investm ent in 
production of the agricultural goods  are:  
• TradeInvest Timor -Leste (with support from IFC) is develop ing value propositions (investment 
promotion package s) focusing on the agricultur al sector. The value proposition s aim to attract 
and develop invest ment in  the production of agricultur al products. TradeInvest Timor -Leste is 
currently working on developing  value proposition s for the cattle industry as well as for other 
sectors such as aquaculture, forestry (e.g. bamboo) and horticulture products (e.g. fruits and 
vegetables).  The propositions will be finalized in 2023 , to be implemented in 2024.  
• TradeInvest Timor -Leste (with support from the New Zealand Government Program called 
Volunteer Service Abroad or VSA) is currently developing project data for potential agriculture 
products for the export market. TradeInvest Timor -Leste has developed project data for WT/ACC/TLS/31  
 
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  agriculturally  based industrie s crops and horticulture products such as maize, coconut, 
candlenut and tangerine. The project data aims to target a niche segment of 
market/consumers, specifically those that value organically grown and processed products 
and those that value the adoption  of fair-trade practices in the agriculture sector.  
Timor -Leste would like to clarify that Decree -Law No. 45/2015  on the "Establishment of TradeInvest 
Timor -Leste " has been amended by Decree -Law No. 58/2022  of 24 August 2022 .  In terms of gender 
equality, the Government of Timor -Leste, through TradeInvest Timor -Leste puts high value on 
women’s participation in all economic activities. TradeInvest Timor -Leste promotes and facilitates 
investment and women -oriented export s in productive sectors such as agricul ture and fisheries, 
tourism, manufacturing,  and the processing industry. Gender equality is specifically mentioned as a 
priority in Decree -Law No. 58/2022 , namely in Article 6(d) which establish es that Tradeinvest 
support s the definition and implementation of policies and strategies of the Government making sure 
that a gender perspective is taken into account . Article 16(n) indicates that the Executive Director  
of TradeInvest Timor -Leste  is to consider gender equality when preparing personnel maps. Also, 
Article 30 -B (2)(c) states that TradeInvest Timor -Leste  must work together with the relevant 
national institutions to ensure women participation.  
The provision of women participation has been embedded in TradeInvest Timor -Leste’s strategic 
plan, tak ing into account the IRM as the basis document. At  the implementation level, some  
examples include:  
• TradeInvest Timor -Leste has issued an investment certificate to a national woman -owned 
company that invests in  the livestock secto r (specifically in broiler production) ; 
• TradeInvest Timor -Leste has awarded an Export Award Certificate (TradeInvest Timor -Leste 
Annual Program) to a national woman -owned company that does business in the 
manufacturing sector (garment production) and agric ulture sector (fresh, organic and local 
vegetables and strawberr y production) ; 
• TradeInvest Timor -Leste has built a strong relationship with Timor -Leste’s Women Business 
Association by promoting and facilitating their participation in promotional events suc h as 
business forum, trade fair and conferences in the country and overseas to build and expand 
their networks and identify opportunities for market access.  
Timor -Leste would welcome any technical assistance from development partners to continue 
assisting TradeInvest Timor -Leste with market intelligence and networking with buyers in the niche 
agriculture sectors as well as to further assist with knowledge in integrating gender equality and 
women 's participation in trade.  
III. FRAMEWORK FOR MAKING AND ENFOR CING POLICIES  
Question .  
Paragraph 79: Timor -Leste has explained that the Coordinating Minister for Economic 
Affairs handles public policies related to economic development and works with the 
Ministries and Secretaries covering Agriculture and Fisheries; Tourism, Commerce and 
Indu stry; Vocational Training and Employment; Cooperatives; and Environment. 
The government of Timor -Leste's website includes a page on an Inter -ministerial 
Commission for Coordination of the Value Chain and Stimulation of Local Production 
(https://www.cadeiadevalor.gov.tl/about/tl/structure ).  
• Please explain if this commission conducts activities related to agricultural goods, 
industrial goods, or both.  
• Is this commission involved in the marketing and promotion services that 
Timor -Leste listed on page 3 (f) of Domestic Support and Export Subsidies Tables - 
WT/ACC/SPEC/TLS/1/Rev.2?  
• Does this commission work in conjunction with Timor -Leste's Ministry of Agricu lture 
and Fisheries to promote agricultural development in Timor -Leste? If so, please WT/ACC/TLS/31  
 
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  describe the responsibilities of each and how the two parts of the government work 
together.  
Answer:  
The inter -ministerial Commission for Coordination of the Value Chain and Stimulation of Local 
Production was established by Government Resolution  No. 20/2022 of 18 May  2022 (provided to the 
Working Party, see notice of legislation in document WT/ACC/TLS/30 ). The Commission was created 
as an advisory entity and not as an implementing agency and it does not conduct direct activities 
related to agricultural or industrial goods.  It is not involved either in the marketing and promotion 
services that Timor -Leste listed on page 3(f) of Domestic Support and Export Subsidies Tables in 
document WT/ACC/SPEC/TLS/1/Rev.2.  The Commission was created to make recommendations to 
the Council of Ministers aiming to improve public policies, systems and administrate procedures a s 
well as to advise regarding the legal framework related to the coordination of the value chain and to 
the stimulation of the growth of the national production. The Commission is composed of the Prime 
Minister, the coordinating minister for Economic Affairs, the Minister for Tourism, Trade and Industry, 
the Minister of Agriculture and Fisheries, the Minister of Finance and the Minister of Public Works.  
IV. POLICIES AFFECTING  TRADE IN GOODS  
A. IMPORT  REGULATIONS  
- Ordinary customs duties  
Question .  
Paragraph 110: In a December 2022 Law, Timor -Leste increased its tariff rate across the 
board from 2.5 % ad valorem on all goods (regardless of classification) to 5 %. Paragraph 
19 indicates that inflation in Timor -Leste was 8 % as of June 2022 and the Government 
estimated inflation in the range of 4 to 6 %. The increase in the tariff rate is likely to affect  
consumer prices.  
• Please explain Timor -Leste's reasoning for increasing the tariff rate from 2.5 % to 
5 %. 
Answer:  
One of the objectives under the current ongoing implementation of the Timor -Leste’s Public Finance 
and Management and Fiscal Reform Strategie s for the years 2022 -2027 is to enhance domestic 
resource mobilization to increase domestic revenue. Thus, one of the fiscal measures (policy 
decision) that the Government of Timor -Leste has taken to meet the said objective is to increase 
the import duty r ate/tariff from 2,5  % to 5  %. This increase was approved in the 2023 State Budget 
Law (Law No. 15/2022 of 21 December  2022) for the year 2023 .  
Question .  
Paragraph 111: The Customs Code of Timor -Leste reflects Tariff Nomenclature in HS 2017. 
Please explain if Timor -Leste has plans to implement the HS 2022 and has a process for 
future updates to Tariff Nomenclature.  
Answer:  
Timor -Leste  plans to implement th e HS Code 2022 tariff nomenclature before the end of 2023. We 
are currently working on aligning the HS Code s of the national tariff nomenclature to the AHTN 2022 
(ASEAN Harmonized Tariff Nomenclature)  which is based on  HS 2022 . Once updated , the new 
versio n of the national tariff nomenclature will be submitted to the Council of Ministers for approval 
and immediate implementation.  
Also, Timor -Leste is in the process of ratifying the International Convention on the Harmonized 
Commodity Description and Coding System . The respective draft resolution of the Parliament has 
been provided to the Working Party (see notice of legislation in document WT/ACC/TLS/30) . WT/ACC/TLS/31  
 
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  - Fees and charges for services rendered  
Question .  
Paragraph 122: Article 66 o f Decree -Law No. 21/2003 of 31 December 2003 states that 
Timor -Leste will have service fees for granting of import licenses, issuance of sanitary and 
phytosanitary certificates, inspections, treatments, proofs, analyses and tests, 
maintenance of items in q uarantine facilities as well as any other services in the 
commercial or private import of animals, plants, or of any other item subject to inspection, 
veterinary and phytosanitary control and quarantine. Timor -Leste's Questionnaire on 
Import Licensing Proc edures (WT/ACC/TLS/10) states (on page 15, Sectoral licence fees ) 
that fees to obtain non -automatic sectoral licenses (presumably including those required 
for animal and plant products) are regulated according to legislation pertaining to the 
Ministry or A gency providing the license (in the case of animal and plant products, 
presumably this is the Ministry of Agriculture and Fisheries).  
• Please clarify when Timor -Leste plans to start collecting fees for sanitary and 
phytosanitary import licenses.  
• Please des cribe how fees will be assessed and imposed.  
Answer:  
Decree -Law No. 21/2003 of 31 December 2003 has been repealed by  recently approved Decree -Law 
No. 36/2023 of 31 May 202 3 on "Plant Health and Quarantine " and Decree -Law No. 41/2023 of           
31 May 2023 on "Animal Health and Quarantine " (circulated to the Working Party, see notice of 
legislation WT/ACC/TLS/30 ). These legislations determine that a service fee will be charged for 
granting import licences, issuance of certificates or any other fees for services.  However, t here is 
not yet a timeline for the implementation of this provision. According to the above -mentioned 
legislations, the fees will be defined by  a Ministerial decree . Such a  Ministerial decree  will eventually  
define the me chanisms for the fees to be assessed and imposed. The fees, when imposed, will be in 
line with the requirements of Articles III and VIII of the GATT  1994.  
- Rules of origin  
Question .  
Paragraph 147: The Draft Working Party Report states that certificates of origin are 
"requested" for the importation of goods subject to SPS requirements, but that 
certificates of origin are "required" in case of suspicion of fraud.  
• Describe the process Timor -Leste will use to determine and notify countries when 
the certificate of origin is required for the importation of goods subject to SPS 
requirements.  
Answer:  
The recently approved Decree -Law No. 36/2023 of 31 May 2023 on "Plant Health and Quarantine" 
and Decree -Law No. 41/2023 of 31 May 2023 on  "Animal Health and Quarantine " (provided to the 
Working Party , see notice of legislation in document WT/ACC/TLS/30) includes the possibility of 
requesting a phytosanitary or an animal health certificate that will indicate the origin of the imported 
produc t.  
In addition , as per  Article 95 of  the Customs Code,  when the origin of the goods are indicated in the 
customs form, the Customs Authority can request documental proof issued by the authorities of the 
country of origin. This proof can consist of a certificate of origin or equivalent.  Additional documents 
proving the  origin  can be  required in all cases where  fraud is suspected .  WT/ACC/TLS/31  
 
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  - Anti-dumping, countervailing duties, safeguard regimes  
Question .  
We propose the following adjustments on the text of the draft Working Party Report:  
Paragraph 164: A Member requested the Government of Timor -Leste to commit not to 
impose any antidumping, countervailing or safeguard measures, including the initiation 
of any investigations, until its authorities and legislation were notified to the appropriate 
WTO Committees. The  representative of Timor -Leste responded that, as Timor -Leste did 
not have any anti -dumping, countervailing or safeguard frameworks in place, any policy 
decisions on such actions could be taken once the appropriate, WTO -consistent legislation 
was enacted, notified, and reviewed by the relevant WTO Committees.  
Paragraph 165: [The representative of Timor -Leste confirmed that his Government would 
not a pply any anti -dumping, countervailing or safeguard measures until it had 
implemented and notified to the WTO appropriate laws consistent with the provisions of 
the WTO Agreement on Safeguards, the WTO Agreement on the Implementation of Article 
VI of the GA TT 1994, and the WTO Agreement on Subsidies and Countervailing Measures, 
and the appropriate laws were reviewed by the relevant WTO Committees.  Timor -Leste 
would ensure the full conformity of any such legislation with the relevant WTO provisions, 
including  Article VI and XIX of the GATT 1994, the WTO Agreement on Safeguards, the 
WTO Agreement on the Implementation of Article VI of the GATT 1994, and the WTO 
Agreement on Subsidies and Countervailing  Measures. After such legislation was 
implemented, Timor -Leste would only apply any anti -dumping duties, countervailing 
duties and safeguard measures in full conformity with the relevant WTO provisions. 
The Working Party took note of these commitments.]  
Answer:  
We thank the Member for the proposal on the commitment language. Timor -Leste would prefer to 
keep the previous commitment, as reflected in the draft Working Party Report  circulated in document 
WT/ACC /SPEC/TLS/5/Rev.1 , which is in line with the requirements of the Agreement on the 
implementation of A rticle VI of the GATT (Anti -Dumping), the Agreement on Safeguards,  and the 
Agreement on Subsidies and Countervailing Measures . At the same time, we propose to include an 
additional language on notification in paragraph 164  as follows:   
164.  A Member requested t he Government of Timor -Leste to commit not to impose any 
antidumping, countervailing or safeguard measures, including the initiation of any 
investigations, until its authorities and legislation were notified to the appropriate WTO 
Committees. The  represent ative of Timor -Leste responded that, as Timor -Leste did not have 
any anti -dumping, countervailing or safeguard frameworks in place, any policy decisions on 
such actions could be taken once the appropriate, WTO -consistent legislation was enacted  
and notifie d to the relevant WTO Committees .  
 
165.  [The representative of Timor -Leste confirmed that his Government would not apply any 
anti-dumping, countervailing or safeguard measures until it had implemented and notified to 
the WTO appropriate laws consistent with the provisions of the WTO Agreement on 
Safeguards, the WTO Agreement on the Implementation of Article VI of the GATT 1994, and 
the WTO Agreement on Subsidies and Countervailing Measures. Timor -Leste would ensure the 
full conformity of any s uch legislation with the relevant WTO provisions, including Article VI 
and XIX of the GATT 1994, the WTO Agreement on Safeguards, the WTO Agreement on the 
Implementation of Article VI of the GATT 1994, and the WTO Agreement on Subsidies and 
Countervailing Measures. After such legislation was implemented, Timor -Leste would only 
apply any anti -dumping duties, countervailing duties and safeguard measures in full 
conformity with the relevant WTO provisions. The Working Party took note of these 
commitments.]  WT/ACC/TLS/31  
 
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  C. INTERNAL POLICIES AFFECTING FOREIGN TRADE IN GOODS  
- Technical barriers to trade, standards and certification  
Question .  
Page 51, Paragraph 181: Timor -Leste indicates that Rosito de Sousa Monteiro, President 
of the Quality Institute of T imor -Leste is the designated focal point for Timor -Leste's TBT 
enquiry point. Are there any additional points of contact at the Quality Institute of 
Timor -Leste, or a general inbox for inquiries in case of Rosito de Sousa Monteiro's 
absence?  
Answer:  
Accord ing to the current mandate , the Institute of Quality Timor -Leste  (IQTL)  is the sole agency or 
focal point responsible for handling TBT issues. For the time being, the contact person/focal point 
remains the President of the IQTL. In addition, Timor -Leste has set up  a general inbox for inquires : 
iqtl2022@gmail.com . The designated focal point can also be reached by phone no.: +670 3310158.  
- Sanitary and phytosanitary measures  
Question .  
Paragraph 190: Timor -Leste states, due to public health concerns, importation of listed 
products is prohibited, such as the importation of any proteins for animal feeding 
containing meat powder, bone powd er, blood powder, or fat from mammal tissues.  
• Please clarify whether Timor -Leste will take a Member's level of prevalence of 
specific diseases or pests into consideration.  
• If so, describe the process for determining how Timor -Leste will evaluate exporting 
Members' pest or disease -free areas and areas of low pest or disease prevalence.  
• Please identify and provide the measures that give Timor -Leste's competent 
authority the ability to conduct and make regionalization determinations.  
Answer:  
Timor -Leste intends on considering an exporting Member 's plant pest status and plant pest 
prevalence in assessing the phytosanitary risks of imported products in accordance with international 
plant health standards for pest risk analysis (ISPM 2  – Framework for Pe st Risk analysis , ISPM 11  – 
Pest Risk Analysis for Quarantine Pests , ISPM 21  – Pest risk Analysis for Regulated non -quarantine 
pests ). Thus, Timor -Leste intends to adopt and follow international standards to assess exporting 
Members’ animal disease -free ar eas and areas of low animal disease prevalence. Among others, 
Timor -Leste plans on adopting the relevant -related dispositions of the  WOAH Terrestrial Code . 
Timor -Leste i ntends to adopt and follow international plant health standards to assess exporting 
Members’ plant pest free areas (ISPM 4 – Requirements for the establishment of pest free areas), 
areas of low pest prevalence (ISPM 22 – Requirements for the establishment of areas of low pest 
prevalence), and plant pest status (ISPM 8 – Determination of pest status in an area, particularly 
section 5, exchange of pest status information between NPPO’s).  
Timor -Leste is yet to elaborate on measures to make regionalization determinations , within the 
requested transition period for the implementation of the SPS -related regime in line with the SPS 
Agreement . Timor -Leste will appreciate advice  and guidance  from Members on the implementation 
of such measures , given its capacity constraint as an LDC .  WT/ACC/TLS/31  
 
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  Question .  
Paragraph 201: Timor -Leste identifies that live plant import permits cannot be issued to 
individuals or to private companies and specifies a list of seeds subjected to import 
authorization s.  
• Please describe and provide the measure(s) that outline these requirements and 
identify the IPPC international standards, guidelines, or recommendations that 
these measures conform to.  
Answer:  
According to Decree -Law No. 36/2023 of 31 May 2023  on "Plant Health and Quarantine"  (provided 
to the Working Party , see notice of legislation in document WT/ACC/TLS/30) , there is no longer a 
ban on individuals or private companies to import live plants.  According to the Decree -Law ( Article 
28) the individuals  and private companies can import live plants and plant products to Timor -Leste  
provided that they are in possession of (a) an import licence, when required  by the law, (b) a 
phytosanitary certificate issued by the country of export, when required by the l aw, and (c) any 
other documents that may be prescribed by the law, its regulations or any other commercial or 
customs legislation.  
Question .  
Paragraph 205: Timor -Leste indicates that, for the SPS enquiry point, Dr. Jong is the 
designate d contact point for veterinary issues, and Mr. Brito is the designated contact 
point for plant issues.  
• Further, please identify who will be designated as Timor -Leste's national notification 
authority.  
Answer:  
According to Article 10(1)(x) of  Decree -Law No. 41/2023 of 31 May  2023 on "Animal Health and 
Quarantine " (provided to the Working Party , see notice of legislation in document WT/ACC/TLS/30) , 
the General Directorate for Quarantine and Biosecurity , instructed by the Ministry  of Agriculture  and 
Fisheries (MAF)  and in coordination with the relevant national directorates and  entities of the  MAF, 
is responsible for the coordination of all international compulsory notifications to WOAH and other 
international partners  related to Animal Health an d Quarantine , including the notifications in the 
context of the WTO .  
According to Article 9(u) of Decree -Law No. 36/2023 of 31 May  2023 on "Plant Health and 
Quarantine " (provided to the Working Party , see notice of legislation in document WT/ACC/TLS/30) , 
the General Directorate for Quarantine and Biosecurity  is responsible for all notifications to other 
countries and international partners related to Plant Health and Quarantine. This includes 
notifications in the context of the WTO.  
Question .  
Paragraph 213: According to this paragraph, in practice, the Government of Timor -Leste 
bans the importation of antibiotic and growth promotion substances and has decided to 
prohibit non -therapeutic uses of antimicrobials under all circumstances.  
• Please identify and clarify the scope of import products that will be subjected to this 
prohibition and provide the scientific justification for this/these measure(s).  
Answer:  
The recently approved Decree -Law No. 36/2023 of 31 May 2023, on "Plant Health and Quarantine"  
and Decree -Law No. 41/2023 of 31 May  2023 on "Animal Health and Quarantine " provide that the 
list/scope of import products that will be prohibited, including antibiotic and growth promotion WT/ACC/TLS/31  
 
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  substances, is to be develo ped and approved by a Ministerial decree after a thorough scientific study  
which is  yet to be conducted.   
Question . 
Paragraph 221: This paragraph of the draft Working Party Report requests a transition 
period until 2027 for implementation  of WTO SPS Agreement, but Paragraph 222 mentions 
a transition period until 2028, and Annex 18 lists 1 January 2028.  
• What is the correct date for the transition period that Timor -Leste is requesting?  
Answer:  
The correct date is 1 January 2028 as reflected  in Annex 18 of the draft Report of the Working Party . 
Question .  
Timor -Leste clarified that a list of maximum residue limits (MRLs) and a list of veterinary 
drugs will be developed by 2024 a nd will be based on recommendations from the Codex 
Alimentarius Commission and regularly reviewed and updated to ensure consumer health.  
• Please clarify and describe if Timor -Leste has an approach or a timeline for 
developing a list of MRLs for pesticides i n food.  
Answer:  
Timor -Leste is in the process of finalising  a Decree -Law on Pesticides which will be in line with the 
recommendations from the Codex Alimentarius Commission.  This draft Decree -Law has been 
submitted for review of the Working Party (see notice of legislation in document WT/ACC/TLS/15 ). 
It is expected that the draft Decree -Law will be submitted to the C ouncil of Ministers  in the 3rd 
quarter and enacted in the 4th quarter of 2023.  Following the approval and entry into force of th is 
legislation, the list of MRLs for pesticides in food will be developed.  
Question .  
Document WT/ACC/TLS/13/Rev.2 : Page 3 , boxes 3(a) – 3(d) outline the Government of 
Timor -Leste commitments to develop measures which align with the SPS Agreement 
principles on transparency.  
• Please clarify the timeline when these measures will be developed and provided to 
the Working Party fo r review.  
Answer:  
Timor -Leste intends to achieve full compliance with the SPS Agreement by  1 January 2028.   
More specifically, the following transition period is  requested for:  
• (a) identification of authority responsible for making notifications to the WTO  and ensuring 
transparency obligations are met on an ongoing basis  – 2023 (already implemented, see 
response to Question 14) ; 
• (b) establish guidance or law requiring publication of proposed measures at an early stage for 
comment  – 2024; 
• (c) provision in law or administrative procedure to provide copies of proposed measures to 
WTO Members  2024; and,  WT/ACC/TLS/31  
 
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  • (d) require in law or administrative procedure, a reasonable period of time for comment from 
Members and the public, and establishment of a process to take comments into account 
without discrimination  – 2024. 
Question .  
Notice of Legislation WT/ACC/TLS/18: Law No. 6/2020 of 6 February 2020 on "Legal 
Framework for the Protection and Conservation of Biodivers ity", Article 41 - Genetically 
modified organisms:  
1. The import, export, research, performance of experiments, use and release 
into the environment of genetically modified organisms, which as a result of 
biotechnology may have an adverse environmental impact , may affect the 
conservation of biodiversity and the sustainable use of its components and 
pose risks to human health, is subject to special legislation.  
2. Without prejudice to the provisions of the preceding paragraph, scientific 
research into genetically modified organisms shall be subject to the provisions 
of Chapter VII.  
• Please explain how Timor -Leste will ensure that its laws and policies are consistent 
with relevant WTO agreements with regard to science - and risk -based regulation of 
products of agricul tural biotechnology.  
Answer:  
Timor -Leste is committed to ensure that its laws and policies are consistent with relevant WTO 
Agreements in this area, namely the SPS and the TRIPS Agreements. According to Article 41 of 
Decree -Law No. 6/2020 of 6 February 2020  on "Legal Framework for the Protection and Conservation 
of Biodiversity" , the regulation of Genetically Modified Organisms (GMO), including products of 
agricultural biotechnology, are subject to specific legislation yet to be dev eloped. Timor -Leste will 
ensure through careful studies and consultations , including the development of the relevant pieces 
of legislation with entities such as WIPO, that the legislation, when developed, will be consistent 
with the Timor -Leste’s WTO commi tments .  
Question .  
Notice of Legislation WT/ACC/TLS/18: Law No. 6/2020 of 6 February 2020 on "Legal 
Framework for the Protection and Conservation of Biodiversity", Article 42 - Other threats : 
1. Any existing or potential activities, processes or actions that pose a threat, 
have or may or may come to have an impact on the conservation of biodiversity 
and the sustainable use of its components must be identified, and effective 
measures to reduce and mitigate their impacts mus t be defined.  
2. In view of the challenges arising from climate change and its negative effects 
on biodiversity, the government entity responsible for the environment must 
promote the adoption of mitigation and adaptation measures that promote the 
resilience of local communities, ecosystems and species.  
• Climate change requires adaptation and resilience. How will Timor -Leste use 
agricultural biotechnology to adapt to and mitigate climate change?  WT/ACC/TLS/31  
 
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  Answer:  
The Government of Timor -Leste has been investing in the areas of education, science,  and 
technology as  well as investing in human capacity building in order to respond  to and increase our 
capabilities to adapt to and mitigate climate change. Timor -Leste is  in the process of increasing its 
knowledge in the field of agricultural biotechnology and more specifically how to apply it to tackle 
the effects of climate change. Timor -Leste will  continue  focusing on developing agricultural 
biotechnology techniques inv olving  the use of scientific tools including genetic engineering, 
molecular markers, molecular diagnosis, vaccines and tissue culture, modif ication of  living 
micro organisms  and plants. 
- Agricultural policies  
Question .  
Paragraph 257: Timor -Leste reports having invested over $119 million between 2013 and 
2017, and over $60.9 million between 2018 and 2021 on agricultural development. One 
of the outcomes listed is a "development of livestock programme." A development of 
livestock programme does not seem to be listed in WT/ACC/SPEC/TLS/1/Rev.2. Is it part  
of one of the listed activities in Supporting Table DS:1, 2(a) through 2(f), or 3.? If so, 
which one? If not, was it conducted in a period prior to the 2019 -2021 period cove red by 
WT/ACC/SPEC/TLS/1/Rev.2?   
Answer:  
We confirm that the development of livestock programme  is part of the activities listed in Supporting 
Table DS:1  in document WT/ACC/SPEC/TLS/1/Rev.2  (2(a) – "Building foundation for smart 
agriculture development, inclusive natural resource management monitoring and surveillance 
scheme; evidence -based policy formulation and establishment of regulatory framework for natural 
resources management ", which also inclu des b uilding foundation for smart livestock development, 
Inclusive livestock and veterinary management ).  
V. TRADE -RELATED INTELLECTUAL PROPERTY REGIME  
Question .  
As indicated in the Report, the government of Timor -Leste intended to estab lish plant 
variety protection laws consistent with Part II, Section 5, Article 27(3)(b) of the TRIPS 
Agreement. We would like to request Timor -Leste to commit itself to ensure, before its 
accession to the  WTO, that its relevant laws allow natural or legal persons of all WTO 
Members to apply for plant variety rights.  
Answer:  
The Government of Timor -Leste recognizes the importance of aligning its intellectual property 
legislation with international standards , and we are dedicated to fulfilling our obligations under the 
TRIPS Agreement.  At the same time, we also  recognize the importance of protecting plant varieties 
and fostering innovation in agriculture.  Therefore,  the Government through the  Ministry of 
Agriculture  and Fisheries  in collaboration with the World Intellectual Property Organization 
(WIPO)  has taken proactive steps to  initiate the draft ing of specific legislation related to  Plant 
Variety Protection (PVP) . Timor -Leste is fully committed to implemen ting the Plant Variety Protection 
(PVP) law in strict accordance with the Action Plan for the Implementation of the  WTO’s Agreement 
on Trade -Related Aspects of Intellectual Property Rights (TRIPS Agreement), specifically Annex 19 , 
as part of its commitment  to the WTO as well as to  agricultural development and ensuring the rights 
of breeders.  
Even if the current legal framework in Timor -Leste does not cover the protection of plant varieties, 
Timor -Leste, in  accordance with the action plan on the implementation of the TRIPS Agreement , is 
committed to develop a Law on Plant Variety Protection by 2026. To this end, a task force will be 
established in 2024 composed of the relevant ministries and line agencies. Public consultations and 
awareness  campaigns will be conducted.  In this regard, the draft Law on Plant Variety Protection  WT/ACC/TLS/31  
 
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  has also been added in Part I(B) of the Legislative Action Plan (circulated in document 
WT/ACC/TLS/6/Rev.7).  
Question .  
We suggest to add a subheading  "Transitional arrangements" after paragraph  290, since 
Paragraphs 291 – 293 and transitional periods do not apply only to the criminal provisions 
in TRIPS. "Transitional arrangements" would be more accurate and would be consistent 
with the terminology in the TRIPS Agreement (see TRIPS Part VI (Transitional 
Arrangements)).   
Answer:  
We appreciate  your suggestion regarding the addition of a subheading titled "Transitional 
arrangements" in the draft Working Party Report . We appreciate your atten tion to detail and 
commitment to maintaining accuracy and consistency with the terminology used in the TRIP S 
Agreement.  Upon further consideration, we agree that using the term "Transitional arrangements" 
would be more precise and aligned with the language  used in the TRIP S Agreement, specifically in 
Part VI, which addresses transitional arrangements.  
Question .  
It is not clear what the commitment  in paragraph 293  is referring to, as paragraphs 291 
and 292 do not reference specific protection for intellectual property (IP) rights. Please 
provide clarification.  
Answer:  
Paragraph 293 refers to the protective measures that Timor -Leste has already put in place regardin g 
intellectual property rights, including the Copyright Law, approved by the National Parliament 
through Law No. 14/2022 and Decree -Law No. 95/2022 on "Rules of Origin ". Also, the draft of the 
Industrial  Property Code has already been finalized and circula ted to Working Party (see notice of 
legislation in document WT/ACC/TLS/27) . 
More specifically, the  Copyright Law provides protection for the artistic and intellectual creation of 
national authors, a demand from the artistic community and a measure that wil l stimulate national 
artistic and cultural production with rules that aim to guarantee fair payment for all those involved 
in the production of events and works and protection against the counterfeiting of works. A national 
registry will be created that wi ll provide due recognition and organization to this sector of the national 
industry that has already amply demonstrated its value on international stages in the fields of music, 
painting, poetry, and cultural art.  
Question .  
Annex 19: In the "Action Plan for the Implementation of the WTO TRIPS Agreement," the 
9th row is "Development of Law on Plant Variety Protection," and the 21st row is also 
"Development of Law on Plant Variety Protection." It seems the same activity is repeated 
twice . 
Answer:  
Thank you for bringing the duplication in the "Action Plan for the Implementation of the WTO TRIPS 
Agreement" to our attention. We appreciate your diligence in spotting this error, as it helps us ensure 
the accuracy and integrity of our documenta tion. To rectify this issue, we will address the duplication 
by consolidating the two rows into a single entry.  
 
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