RESTRICTEDWORLD TRADE
ORGANIZATIONWT/ACC/JOR/18
17 March 1999
(99-1071)
Working Party on the
Accession of JordanOriginal:  English
ACCESSION OF JORDAN
Additional Questions and Replies
The Government of the Hashemite Kingdom of Jordan has submitted the following
additional replies to questions raised Members, with the request that they be circulated to members of
the Working Party.
_______________
TABLE OF CONTENTS
Page No. Question No.
II. ECONOMY, ECONOMIC POLICIES AND FOREIGN TRADE2. Economic Policies(a) Main directions of ongoing economic policies
-S u b s i d i e s 3 1 - 3
- Pricing system 4 4-6
(b) Monetary and fiscal policies 5 7(d) Foreign and domestic investment policies 6 8
III. FRAMEWORK FOR MAKING AND ENFORCING POLICIES
AFFECTING FOREIGN TRADE IN GOODS AND TRADE IN
SERVICES69
1. Powers of Executive, Legislative and Judicial Branches of
Government71 0
IV. POLICIES AFFECTING TRADE IN GOODS
1. Import Regulation(a) Registration requirements for engaging in importing 7 11-15(b) Characteristics of national tariff 9 16-23(c) Tariff quotas, tariff exemptions 11 24-30(d) Other duties and charges 14 31-40
(e) Quantitative import restrictions 16 41-48
(f) Import licensing procedures 20 49-71(h) Customs valuation 28 72-76(j) Pre-shipment inspection 29 77(k) Application of internal taxes on imports 30 78-82(l) Rules of origin 32 83-84
(m-o) Anti-dumping, countervailing duties and safeguards regimes 32 85-87
2. Export Regulation
(d) Export licensing procedures 43 88(e) Other measures 43 89-90
(f) Export financing, subsidy and promotion policies 45 91-96WT/ACC/JOR/18
Page 2
3. Internal Policies Affecting Foreign Trade in Goods
(b) Technical regulations and standards 47 97-101(c) Sanitary and phytosanitary measures 49 102-104(d) Trade-related investment measures 50 105(e) State-trading practices 50 106-110(l) Government procurement practices 52 111-112
4. Policies Affecting Foreign Trade in Agricultural Products 53 113-114
(b-e) Exports and internal policies 53 115-131
V TRADE-RELATED INTELLECTUAL PROPERTY REGIME
1. General 59 132-134
2. Substantive Standards of Protection, Including Procedures for the
Acquisition and Maintenance of Intellectual Property Rights
(a) Copyright and related rights 61 135-136(b) Trademarks, including service marks 62 137-140(e) Patents 64 141-144
(f) Plant variety protection 65 145
(h) Requirements on undisclosed information, including trade secrets and
test data66 146-147
4. Enforcement
(a) Civil judicial procedures and remedies 66 148
(d) Any special border measures 70 149-151
VI. TRADE-RELATED SERVICES REGIME
1. General 71 152-156
VII. INSTITUTIONAL BASE FOR TRADE AND ECONOMIC
RELATIONS WITH THIRD COUNTRIES
1. Bilateral or Plurilateral Agreements Relating to Foreign Trade in
Goods and Trade in Services73 157-162WT/ACC/JOR/18
Page 3
II. ECONOMY, ECONOMIC POLICIES AND FOREIGN TRADE
2. Economic Policies
(a) Main directions of ongoing economic policies
- Subsidies
Question 1.In document WT/ACC/JOR/13, Question 4, we note that there was no response to the question
which asked Jordan to provide further details on the nature and administration of the interest
rate subsidies and the question regarding whether the subsidies paid are contingent upon
export.  We would appreciate a response from Jordan to these questions.
Answer:
In order to promote local exports, the Central Bank of Jordan (CBJ) provides facilities to local
banks in the form of financial guarantees such as documentary credit, bills of lading under collection,
and guaranteed and accepted bills and drafts.
The programme targets exporters in all economic sectors, including agriculture, industry and
services.  The following are the main features of export promotion facilities extended to licensed
banks and financial institutions against bills, letters of credit, and drafts:
- export loans eligible for refinancing must relate to exports with a domestic value added of not
less than 25 per cent;
- the maximum percentage of pre-shipment credit eligible for refinancing by CBJ is equal to
75 per cent of the value of exports’ letters of credit, while the maximum percentage of post-
shipment credit is equal to 90 per cent of the value of bills of lading and drafts;
- any company officially registered in the Jordanian Official Registry of Companies is eligible
for such refinancing;
- the interest rate charged on these facilities by the CBJ is currently set at two percentage points
below the prevailing discount rate;
- the maximum duration of advances extended against export letters of credit, bills of lading,
and guaranteed drafts is 9 months;
- interest and commission charged on advances extended by licensed banks and financial
institutions to the exporter should not exceed 2.5 per cent annually.
Question 2.
Has Jordan come to a decision on the period it  considers necessary to phase out its subsidies?
Answer:
Jordan plans to seek transition for phasing out prohibited subsidies (as defined in Article 3 of
the Agreement on Subsidies and Countervailing Measures) under Article 27 of the Agreement on
Subsidies and Countervailing Measures.  However, prohibited subsidies, granted prior to repealing thelaws authorising them, will remain valid for the duration agreed upon when they were granted.
As described in WT/ACC/SPEC/JOR/2, domestic support in the agriculture sector is below
the de minimis  percentage allowed under Article 6 of the Agreement on Agriculture.  Therefore, noWT/ACC/JOR/18
Page 4
reduction or elimination of subsidies will be implemented with regard to domestic support in the
agriculture sector.
Question 3.
Which exporters, in addition to those of agricu ltural products, benefit from the interest rate
subsidies on loans granted by the Central Bank?
Answer:
All exporters regardless of sector benefit from the interest rate subsidies on loans granted by
the Central Bank of Jordan.
- Pricing system
Question 4.Jordan states that wheat and wheat products, barley, yoghurt and labaneh, imported chilled
meat and fresh cow milk are still subject to price controls.  Are there any industrial products
subject to price controls?  Could Jordan indicate whether it intends to liberalise the prices of
the products remaining under price control before acceding to the WTO?
Answer:
In addition to wheat and wheat products, and barley, the following items are subject to price
control:  utilities (electricity, water, solar for heating, natural gas) and oil products except lubricants.
In addition, pharmaceutical products are subject to price control and profitability control.  Yoghurt,
labaneh , imported chilled meat and fresh cow milk are subject to price cap.  A complete report onprice/cap/profitability control will be provided during the next Working Party meeting.
Jordan does not intend to liberalise the prices of the products remaining under price control
before acceding to the WTO.  However, Jordan co mmits to ensure that the price control mechanisms
applied in Jordan are in conformity with Articles I and III of the GATT 1994 and with the
transparency requirements of WTO.
Question 5.
The use of price controls for imported chilled meat, but not domestically-produced chilled meat,
would appear to violate the national treatment obligations of GATT Article III.  How does
Jordan intend to bring this item into conformity with WTO requirements?  We seek acommitment from Jordan that it will observ e the provisions of Article III concerning the
application of maximum prices to imports, with particular emphasis on the provisions of
paragraphs 4 and 9, that Jordan will notify its current price controls on imports and domestic
goods and services to the Working Party, and that any subsequent such controls will be
published in an official journal for the information and review of traders.
Answer:
Jordan intends to ensure conformity with nation al treatment with regard to the use of price
cap for chilled meat and meat from imported live animals slaughtered in Jordan.  This matter iscurrently before the Cabinet of Ministers.  A report will be provided during the next Working Party
meeting.
Jordan commits that it will observe the provisions of Article III concerning the application of
maximum prices to imports.  Jordan will notify its current price controls on imports and domesticWT/ACC/JOR/18
Page 5
goods and services to the Working Party, and any subsequent such controls will be published in an
official journal for the information and review of traders.
Question 6.
We commend Jordan for its efforts in amendi ng the price fixing mechanism.  Has Jordan
devised a plan for gradually freeing the price of  the remaining products?  If a time frame for
this liberalisation has been devised, could Jordan provide details to the Working Party.
Answer:
Jordan does not intend to liberalise the prices of the products remaining under price
control/cap before acceding to the WTO.
However, Jordan commits to ensure that pri ce control mechanisms applied in Jordan are in
conformity with Articles I and III of GATT 1994 and with the WTO transparency requirements.
Jordan will notify its current price controls on imports and domestic goods and services to the
Working Party, and any subsequent such controls will be published in an official journal for theinformation and review of traders.
(b) Monetary and fiscal policies
Question 7.Could Jordan specify the conditions for obtainin g the exemption from tax for the export income
of manufactured products to non-protocol countries?
Answer:
Article 7 of the Income Tax Law No. 57 of 1985 exempts from income tax all income
generated from agriculture.
The tax exemption described in the reply to Question 20 of WT/ACC/JOR/13 is based on the
tax exemption stipulated in Article 3/C of the Income Tax Law No. 57 of 1985:
- Article 3/C of the Income Tax Law No. 57 of 1985 authorises the Council of Ministers, per
recommendation of the Minister of Finance, to exempt the profits of exports from income tax
wholly and partially.
- The Council of Ministers issued Decision No. 3394 in 1994 exempting from income tax
profits of income generated from export of all products (including  manufactured goods
except phosphate and potash) to non-protocol countries.
Non-protocol countries are all countries except Israel, Lebanon, the Palestinian national
Authority and Saudi Arabia.
The determination of this income tax exemption is  not left to the discretion of the Minister of
Finance and the Council of Ministers.  It is pursuant to governmental economic policies (e.g.
encouraging export to non-Arab countries – most Arab countries were protocol countries then-- after
the Gulf war).  In order to obtain such exemptions, businesses must provide to the Income TaxDepartment official documents (e.g. customs declaration) demonstrating income from exports.WT/ACC/JOR/18
Page 6
(d) Foreign and domestic investment policies
Question 8.Are the tax incentives listed in the answer to this question granted in a non-discriminatory
basis?
Answer:
The Government of Jordan is assuming that this question refers to the reply to Question 21 of
WT/ACC/JOR/13.  In accordance with Article 24 of the Investment Promotion Law No. 16 of 1995,
tax incentives listed in the answer to Question 21 are granted on a non-discriminatory basis.
Article 24 stipulates that, “Non-Jordanian investor investing in any project governed by theInvestment Promotion Law No. (16) of 1995 shall be afforded the same treatment as the Jordanian
investor”.
III. FRAMEWORK FOR MA KING AND ENFORCING POLICIES AFFECTING
FOREIGN TRADE IN GOODS AND TRADE IN SERVICES
Question 9.We note that the Government of Jordan intends to provide copies of several legislative items to
the WTO Secretariat for review by the Workin g Party.  Among the most important of these
items are the Investment Promotion Law and its recent amendments, the draft Customs Law,
the Import/Export Law, the General Sales Tax Law, the draft Safeguards Law and bylaw
covering anti-dumping and countervailing measures, the Supplies Regulations Nos. 32 and 37 of
1993 (regarding government procurement), the Agricultural Law No. 20 for 1973.  We stronglyencourage Jordan to provide these documents to th e Secretariat as soon as possible, in order to
allow review by the Working Party members - and to provide ample time for implementation of
any required technical amendmen ts prior to WTO accession.
Answer:
The new Customs Law was enacted on 1 August 1998 and became effective on
1 January 1999.  The new Customs Law of 1998 repl aces the Customs Law No. 16 of 1983.  The new
Customs Law is currently being translated into English and will be submitted to the WTO in early
March 1999 (WT/ACC/JOR/17).
The National Production Protection Law ("The Law on Safeguards") No. 4 was enacted on
1 October 1998.  The Law was submitted in English to the WTO (WT/ACC/JOR/16).  The Law on
Agriculture No. 20 of 1973 was also submitted in English to the WTO Secretariat
(WT/ACC/JOR/15).
The Law on Investment Promoti on No. 16 of 1995 was never amended.  A copy of this Law
was submitted to the WTO Secretariat (WT/ACC/JOR/4).  Regulation No. 39 ("Non-Jordanian
Investments Promotion Regulation”) based on this  law was adopted in 1997.  A copy of this
regulation is being translated into English and will be submitted to the WTO in early March 1999.
The Law on Imports and Exports No. 14 of 1992, the Regulations of Imports and Exports
No. 74 of 1993, the General Sales Tax Law, and the Supplies Regulations No. 32 and No. 37 of 1993
(regarding government procurement) are being translated.  These laws will be submitted in English to
the WTO in early March 1999.WT/ACC/JOR/18
Page 7
Regulations are being drafted to implement the Agreement on Subsidies and Countervailing
Measures and the Agreement on Implementation of  Article VI of the GATT 1994 (Anti-Dumping).
1. Powers of Executive, Legislative and Judicial Branches of Government
Question 10.The response to Question 22 in document WT/ACC/JOR/13 would seem to indicate that appeals
from administrative rulings by Jordanian cust oms authorities and Ministries in matters of
trade, e.g.,  customs valuation, licensing, classifica tion, taxation, etc., would be referred to the
Higher Court of Justice after exhaustion of intern al appeals, not the civil courts.  Could Jordan
clarify the right of appeal to a separate Ju dicial authority in matters covered by WTO
Agreements?
Answer:
As a matter of legal theory Jordan adopts the so  called system of two-tier litigation.  As such,
and as matter of principle all cases should be litigated on the merits twice.  This rule applies in thecivil or administrative courts.  Therefore, every decision, which has a judicial character, is subject to
appeal in Jordan in one form or another.  In th e absence of a special court of first instance, all
administrative related decisions are considered to be a decision of the first court and are subject to
appeal to the High Court of Justice.  The High court of justice has jurisdiction to hear a limited list of
appeals mentioned in the High Court Law or in other special laws, i.e. trade marks and patents.
Yet, not all administrative decisions are subject to appeal in front of the High Court of Justice.
The notable exceptions are customs, income tax, and compensation under eminent domain.  All of
these decisions are appealed to the civil system of courts as provided by special provision in the
relevant laws.  Thus, there is a court called the Income Tax Court of Appeal, and the Customs Courtof Appeal. Compensation under eminent domain falls within the jurisdiction of the Court of First
Instance.  Both of these courts are subject to the review of the Court of Cassation.
The Court of Customs and the Customs Court of Appeal have jurisdiction to hear all customs
related issues and penalties, however, regarding pr ior approval for importation, they would be subject
to appeal to the High Court of Justice in accordance with the general theory of Administrative Law
IV. POLICIES AFFECTING TRADE IN GOODS
1. Import Regulation
(a) Registration requirements for engaging in importing
Question 11.
The response to Question 23 in document WT/ACC/JOR/13 states that "There are limitations in
ownership of a number of companies in the fields  of construction, trade and trading and trade
services, and mining".  Foreign ownership is limited to 50 per cent as stipulated by theInvestment Regulation No. 39 for 1997, issued in  accordance with Article 24 of the Investment
Promotion Law No. 16 of 1996.  Please explain in detail the limitations in ownership of
companies in the fields of "trade and trading and trade services".  How do these limitations
relate to the right of a company, whether foreign or domestically owned, to import.
Answer:
Limitations on ownership of companies in the "trade and trading services" are as follows:
- foreign ownership may not exceed 50 per cent;WT/ACC/JOR/18
Page 8
- minimum foreign capital requirement is Jordan Dinars 50,000 (except public share
holding companies).
Foreign companies (not registered in Jordan) do not have the right to import for commercial
purposes.
Domestic companies in the areas of trade and trade services, whether fully domestically
owned or partially foreign-owned (50 per cent maxi mum foreign ownership), have the right to import.
Question 12.
The response to Questions 25 and 86 of document WT/ACC/JOR/13 state that one of the
requirements to obtain an import card (without which importers must pay a 5 per cent penalty)is that "the application should be accompanie d by a valid profession licence belonging to the
category importer".  This appears to be an abso lute requirement.  Please describe how one gets
a professional importers licence.  What are the requirements and what are the criteria applied?
Can foreigners get such a licence?
Answer:
Companies (whether domestic or foreign owned) registered in Jordan can get professional
licences if:  (i) they are members of the Chamber of Commerce or Chamber of Industry and (ii) their
premises are inspected/approved by the local municipality.  Membership in the Chamber ofCommerce or the Chamber of Industry is automatic.  There is no difference in obtaining professional
licences between Jordanian companies, which are fully domestically owned, and Jordanian
companies, which are foreign, owned (partially or fully).
Natural persons can obtain the professional licence after they are registered at the Ministry of
Industry and Trade and are members of the Cham ber of Commerce or Chamber of Industry.  In
addition, the approval of premise by the local municipality is required.
Question 13.
What steps are different for a foreign enterprise  not registered in Jordan to be licensed to
import as compared with a Jordanian-owned business, a joint venture, a foreign-owned
business registered in Jordan?  Can foreign owned businesses registered in Jordan be licensed
to import in exactly the same way as a domestically owned enterprise?
Answer:
Foreign companies (not registered in Jordan) do not have the right to import for commercial
purposes.  Foreign owned businesses registered in Jordan are licensed to import in exactly the same
way as domestically owned enterprises.
Question 14.
The response to Question 93 in document WT/ACC/JOR/13 states that the 5 per cent penalty
fee for importing without an import card "h as been incorporated into the Customs Duty
Schedule provided to WTO".  The response to Questions 51, 52, and  94 state, however,  that the
5 per cent penalty is still in place.  Can Jordan confirm that the 5 per cent penalty is still inplace and is applied evenly to imports from all sources?WT/ACC/JOR/18
Page 9
Answer:
The 5 per cent of the value of imported goods applied as a penalty for not having the import
card is still in place.  Such fee is evenly applied to imports from all sources.
There was another fee of 5 per cent that applied on all imported goods.  Such fee was
eliminated.
Question 15.
How long does it take to obtain the import ca rd?  Are there any other consequences, besides a
fine of 5 per cent of the value of the import ed good, for importing wi thout the import card?
Answer:
The process of obtaining an import card takes approximately 30 minutes if all required
documents are provided as described in the replies to Questions 25 and 82 of WT/ACC/JOR/13.
In the case of importing without an import card, the importer is only charged a fine of
5 per cent of the value of the imported good.
(b) Characteristics of national tariff
Question 16.
Did Jordan use the HS 96 nomenclature in its tariff offer in WT/ACC/SPEC/JOR/1?Answer:
Yes.
Question 17.
Please confirm that HS 96 is used in the ta riff schedule made available to the Working Party.
Answer:
Jordan confirms that HS 96 is used in the tariff schedule made available to the Working Party.
Question 18.
Jordan stated at the last meeting that it would provide its new Customs Law after enactment by
Parliament.  We need a sense now of its content.  If Jordan cannot provide a copy of the draft
law in translation, could it please describe for the Working Party, section-by-section, the
provisions of the law relevant to WTO provisions.  Can Jordan state that there are noprovisions of the draft law inconsistent with WTO obligations?  What needs to be done to
complete the legislative process for the draft Customs Law?  When does the Government of
Jordan expect the Customs Law to be enacted?   When will the Customs Law be implemented?
Answer:
The new Customs Law was enacted on 1 August 1998 and became effective on
1 January 1999.  The new Customs Law of 1998 repl aces the Customs Law No. 16 of 1983.  The new
law is being translated into English and will be submitted to the WTO in early March 1999
(WT/ACC/JOR/17).WT/ACC/JOR/18
Page 10
The new Customs Law is currently being reviewed to determine whether or not it fully
complies with the WTO requirements.  A report will be provided during the next Working Party
meeting regarding this matter
Question 19.
Please describe to the Working Party the relationship of the tariff offer in
WT/ACC/SPEC/JOR/1 to the applied tariff levels, e.g., is there a fixed ratio or margin between
the applied rates and those in the tariff offer?
Answer:
The proposed tariff binding rates in the offer are higher in most cases than the applied tariff
rates.  There is no fixed ratio or margin.  The trade-weighted average rate (for currently applied
import duties) is approximately 17 per cent based on import data of 1998.  The trade-weighted
average rate (for proposed binding level) is approximately 26 per cent based on import data of 1998.
Question 20.
There are no compound rates in Jordan's tariff o ffer.  Does this mean that Jordan intends to
abolish its current compound rates on bananas, grapes, calves, sheep and goats when it joins the
WTO?
Answer:
Jordan does not intend to abolish compound rates for goods listed in this question.
Question 21.
We note that Jordan submitted its initial market access offer for goods in
WT/ACC/SPEC/JOR/1.  However, format of the schedule needs to be revised to facilitate
negotiations.   In particular, the schedule should be in the order of the HS system, not in order
of the offered tariff rates.  Additionally, the sc hedule will need to have product descriptions, as
well as columns for base duty rates and offered bound rates.
Answer:
Jordan resubmitted its offer on goods in August 1998 taking into account the suggestions
outlined in this question.
Question 22.
Could Jordan provide a translated copy of the Customs Law to the WTO Secretariat when
approved by the National Parliament?
Answer:
The new Customs Law No. 20 was enacted on 1 August 1998 and became effective on
1 January 1999.  The new customs law of 1998 replaces the Customs Law No. 16 of 1983.  The newcustoms law is currently being translated into English and will be submitted to the WTO in early
March 1999 (WT/ACC/JOR/17).WT/ACC/JOR/18
Page 11
Question 23.
Is there any production of tobacco products and alcoholic drinks in Jordan?  If so, could Jordan
please give full details (number of producers, am ount produced, etc.) of these product, if any?
Answer:
There are 5 companies producing tobacco and 13 companies producing alcoholic drinks.  In
1996, approximately 8 million litres of alcoholic drinks were produced and approximately 2.8 billion
cigarettes were produced.
(c) Tariff quotas, tariff exemptions
Question 24.
The responses to Questions 35, 36, and 42 in document WT/ACC/JOR/13 indicate that
Jordanian Government-owned firms receive tariff exemptions that may not be enjoyed by all
firms.  What are the products subject to import duty exemptions noted in the replies toQuestions 35 and 36 used for?
Answer:
The new Customs Law No. 22 of 1998 cancelled all import duty exemptions for Jordanian
Government-owned firms and government institutions (except grants and donations).  Duty
exemptions remain only for companies that have concessions and agreements with the government at
the time of their establishments.  These are:
- Phosphate Mining Company;
- Petroleum Refinery Company;
- Jordan Cement Factories Company;
- Arab Bridge Maritime Company;
- Arab Potash Company;
- Jordanian Electric Company;
- Irbid Governoate Electric Company;
- Jordanian Tanning Company;- Vegetable Oil Factories Company;
- Arab Company for Manufacturing White Cement.
The above mentioned companies are sharing hol ding companies with significant private
participation.
Remaining exemptions do not apply to the following items: cars and spare parts, tyres,
petroleum products, vans and buses and their spare parts, stationary, computers devices, air-
conditions, hand tools, consumption materials, g oods and materials used for employees housing,
products similar to Jordanian products.
The products subject to import duty exemptions are used by exempted companies for
production purpose and operations.
Question 25.
When Jordan states in the response to Question 37 in document WT/ACC/JOR/13 that the
exemptions are to be eliminated "gradually", do es this include the general exemptions provided
for imports of capital goods, raw materials, et c., or is this confined to exemptions forWT/ACC/JOR/18
Page 12
government firms?  Could Jordan please give a sense of what "gradually" would mean, both in
terms of the length of time and the nature of the gradual phasing out?
Answer:
Jordan has recently implemented gradual reductions with regard to import duty exemptions.
The new Customs Law of 1998 cancelled all import duty exemptions for Jordanian-owned firms
referred to in the question except those enjoyed by the ten companies that have concessions and
agreements with the government at the time of their establishments (see reply to Question 24 above).
Remaining exemptions provided to companies listed under the reply to Question 24 above will be
phased out automatically upon the expiration of terms negotiated under concessions and agreements.
Cabinet of Ministers Decision No. 7846 limited the list of products for which government-
owned firms can obtain exemptions.  Currently, government-owned-firms, that are still eligible to
obtain import duty exemptions, do not enjoy exemptions  for the following items:  cars and spare parts,
tyres, petroleum products, vans and buses and their spare parts, stationary, computers devices, air-
conditions, hand tools, consumption materials, g oods and materials used for employees housing,
products similar to Jordanian products.
Question 26.
Please describe in more detail how the duty exemption for government institutions operates.
Answer:
The new Customs Law No 22 of 1998 eliminates all import duty exemptions for all
government institutions (except grants and donations).
Question 27.
According to the responses to Question 41 of document WT/ACC/JOR/8 and Question 42 of
WT/ACC/JOR/13, the procurement by eleven specif ied companies of imports (other than cars
and spare parts, tyres, petroleum products and office equipment) is exempt from customs
duties.  What are Jordan’s plans for the eliminat ion of the duty exemptions currently enjoyed
by the eleven specified companies?  Which of the exempt import categories listed in the response
to Question 41 will be gradually returned to dutiable status?
Answer:
Please see the reply to Questions 24 and 25 above.
Question 28.
Does Jordan consider the customs duty exemptions for these companies to be actionable
subsidies under the WTO Agreement on Subsidies and Countervailing Measures?  If not, pleaseexplain why not.
Answer:
Jordan does not consider the customs duty exemptions for these companies to be actionable
subsidies under the WTO Agreement on Subsidies and Countervailing Measures.  The purpose of
these subsidies is to encourage production.  They ar e not intended to cause adverse effects to the
interests of other countries.WT/ACC/JOR/18
Page 13
Question 29.
According to the information provided in the tabl e in the response to Question 41 of document
WT/ACC/JOR/13, 60 per cent of imports in 1996 and 50 per cent of imports during the period
January-July 1997 were exempted from duties.  Imports by governmental departments and
public share holding companies accounted for 44 pe r cent of the import exemptions in the 1997
period.  Such extensive use of tariff exemptions  based upon the identity of importing parties
undermines the transparency and utility of the ta riff  schedules.  We strongly encourage the
Government of Jordan to consider limiting  its use of specified tariff exemptions, by
incorporating the imported products as zero duty items in its tariff schedule.
Answer:
Jordan limited the application of import duty exemptions.  Please see the reply to
Questions 24, 25 and 26 above.
Question 30.
We disagree with the answer given by Jordan.  Article 3 of the Agreement on Subsidies and
Countervailing Measures (ASCM) dealing with prohib ited subsidies, refers to Annex I.  Among
the prohibited subsidies listed in Annex I are “the provision by governments or their agencies
either directly or indirectly through government mandated schemes, of imported or domestic
products and services for use in the production of exported goods, on terms or conditions more
favourable than for provision of like or directly competitive products or services for use in the
production of goods for domestic  consumption”.  Arguably the duty free importation of at least
some of the products, other than those in the li st, will be used in the production of goods for
exports.  Therefore, such imports would constitute prohibited subsidies.
Answer:
The new Customs Law No. 22 of 1998 cancelled all import duty exemptions for Jordanian
Government-owned firms and government institutions (except grants and donations).  Duty
exemptions remain only for companies that have concessions and agreements with the Government at
the time of their establishments.  The followin g companies still enjoy import duty exemptions:
- Phosphate Mining Company;
- Petroleum Refinery Company;
- Jordan Cement Factories Company;
- Arab Bridge Maritime Company;
- Arab Potash Company;- Jordanian Electric Company;
- Irbid Governorate Electric Company;
- Jordanian Tanning Company;
- Vegetable Oil Factories Company;
- Arab Company for Manufacturing White Cement.
Remaining exemptions do not apply to the following items:  cars and spare parts, tyres,
petroleum products, vans and buses and their spare parts, stationary, computers devices, air-
conditions, hand tools, consumption materials, g oods and materials used for employees housing,
products similar to Jordanian products.
The ten companies listed above are share ho lding companies with significant private
participation.  Therefore, item (d) of Annex I (Illustrative List of Export Subsidies) of the Agreement
on Subsidies and Countervailing Measures does not apply in this case.  Given in addition that theWT/ACC/JOR/18
Page 14
import duty exemptions provided to these companies is not contingent upon export or import
substitution, these import duty exemptions should not be considered prohibited subsidies.
(d) Other duties and charges
Question 31.Please explain the purpose of the fees levied on imports of transistor radios.  Also, please
confirm that these fees are applied on a national treatment basis.
Answer:
The Regulation of Wireless Receivers and Transmitters No. 30 of the year 1966 and Article 4
of the Wireless Telegraph Law of the year 1934 did not specify the purpose of the fees levied on
imports of transistor radios (Jordan Dinars 0.2 to Jordan Dinars 2 per transistor radio).  Currently,
Jordan is evaluating the application of such fees.  Please note that Jordan does not produce transistor
radios.
Question 32.
According to the response to Question 46 of document WT/ACC/JOR/13, the law aimed at
unifying a number of customs fees and charges and bringing the Jordanian legislation in line
with GATT Article VIII was passed at the beginning of March 1997.  Please provide atranslated copy of this legislation to th e Secretariat for review by the Working Party.
Answer:
A translated copy of the Unification of Taxes and Fees Law will be provided to WTO
Secretariat in early March 1999 (WT/ACC/JOR/17).  This Law did not take into account conformity
with Article VIII of the GATT 1994.
Question 33.
According to the response to Question 47 of document WT/ACC/JOR/13, the seasonal
exemptions for customs duties and import fees granted for certain agricultural products (i.e.,those listed in the reply to Question 42 of WT/ACC/JOR/8) are not applied on a most-favoured
nation basis.  How does Jordan intend to bring these customs fees exemptions into conformity
with the WTO MFN requirements?
Answer:
Jordan intends to conform to the WTO MFN requirements.  Jordan is currently evaluating its
trade arrangements with other countries to determ ine proper mechanisms for conforming to the WTO
MFN requirements.
Question 34.
Concerning the response to Question 48 of document WT/ACC/JOR/13, please confirm that the
charges listed in this question will be eliminated  or brought into WTO conformity at the time of
accession.  If the latter, please explain how.
Answer:
The charges listed in the response to Question 48 of document WT/ACC/JOR/13 will be
brought into WTO conformity at the time of accession.  Jordan will ensure that these fees will reflectWT/ACC/JOR/18
Page 15
the cost of services rendered and will be either fixed or ad valorem  with a floor and ceiling.  Jordan
plans to take necessary measures for bringing thes e fees into conformity with Article VIII of the
GATT 1994.
Question 35.
The responses to Questions 52 and 53 of document WT/ACC/JOR/13 confirms that a number of
Jordan's remaining import fees are applied on an ad valorem  basis and must be altered or
eliminated to meet the requirements of Article VIII of the GATT.  These include the fine for
importing without an importer card, fee for overt ime services, and consular fees for certifying
commercial bills.  The consular fees charged in  the exporting country may also be inconsistent
with Article VIII.  What does Jordan intend to do, specifically, and in what time frame, to
address the requirements of Article VIII in this regard?
Answer:
Jordan intends to bring all trade and customs related fees into conformity with Article VIII of
the GATT 1994 at the time of accession to the WTO.  Fees will be either fixed or ad valorem  with a
floor and ceiling.  Jordan plans to take necessary measures for bringing these fees into conformity
with Article VIII of the GATT 1994.  A time frame will be provided during the next Working Party
meeting.
Question 36.
We seek a commitment from Jordan that it w ill eliminate prior to accession all duties and
charges on imports other than the ordinary cu stoms duties or customs charges reflecting the
cost of services rendered, and that it will bind at “zero” the charges referred to in Article II:1(b)
of the GATT 1994 for all products in the goods market access schedule annexed to its Protocolof Accession.
Answer:
Jordan is currently evaluating this matter and is not ready to make this commitment at this
point.
Question 37.
Could Jordan confirm if it intends to extend the exemptions, resulting from bilateral
agreements with Arab countries, on a MFN basis?
Answer:
Jordan intends to conform to the WTO MFN requirements (Article I of the GATT 1994).
Jordan is currently evaluating its agreements with Arab countries in order to determine proper
mechanisms for conforming to the WTO MFN requirements.
Question 38.
We commend Jordan for its commitment to br ing charges currently imposed into conformity
with GATT Article VIII.  Could Jordan supply more details on this process?
Answer:
Jordan is in the process of reviewing all fees connected with trade and customs to identify
those fees that do not conform to Article VIII of the GATT 1994.  Jordan will ensure that trade andWT/ACC/JOR/18
Page 16
customs related fees will reflect the cost of services rendered and will be either fixed or ad valorem
with a floor and ceiling.  Jordan will take necessary measures for bringing these fees into conformity
with Article VIII of the GATT 1994.
Question 39.
It is clear that for a limited range of products, Jordan applies differential sales tax rates
between imported and domestically produced goods.  This is clearly in breach of GATT
Article III.  Could Jordan provide more details on what steps it will take to eliminate this
differential treatment?
Answer:
Jordan intends to remove prior to accession to the WTO the differential general sales tax rates
between imported and domestically produced goods.  Jordan plans to enact legal measures to bring
Jordan's legal regime into conformity with Article III of the GATT 1994.
Question 40.
What is the service rendered according to GATT Ar ticle VIII, that justifies the payment of the
following fees:
- 86.5 Fils on each imported packet of 20 cigarettes,
- Jordan Dinars 10 and Jordan Dina rs 3 for viewing video films,
- overtime fee of 0.002 of the c.i.f. value of the imported good that exceeds Jordan
Dinars 50 and 0.001 on goods in transit,
- a mining fee of Jordan Dinars 25/per ton for the export of scrap iron,
- a valuation fee of 2 per cent on re-exported foreign goods.
Answer:
Please see the reply to Question 38 above.
(e) Quantitative import restrictions
Question 41.
In response to Question 70 of document WT/ACC/JOR/13, Jordan acknowledges that its ban on
used cars five years or older “might not satisf y certain Articles of the WTO Agreements”.  Yet
Jordan argues that it “does not think it is wi se to import used cars” for environmental and
safety reasons.  While we appreciate Jordan’s goal of promoting vehicle safety, Jordan’s policy
of pursuing this goal by means of an import ban is trade restrictive.  How does Jordan plan to
bring its import regime for used cars into conf ormity with the WTO, e.g. can Jordan specify the
environmental and safety features it wishes to require of imports of used vehicles?
Answer:
Jordan recently adopted Jordanian Standard 1050:1998 that outlines the safety requirements
for motor vehicles.  This new standard is identical to the following EEC directives:
1. EEC 80/1269
2. EEC 70/220
3. EEC 72/306
4. EEC 88/177
5. EEC 71/320WT/ACC/JOR/18
Page 17
6. EEC 70/157
7. EEC 76/757
8. EEC 76/760
9. EEC 76/762
10. EEC 77/538
11. EEC 76/758
12. EEC 70/761
13. EEC 76/756
14. EEC 78/932
15. EEC 77/541
16. EEC 78/115
17. EEC 74/408
18. EEC 70/371
19. EEC 74/297
20. EEC 78/317
21. EEC 78/318
22. EEC 92/22
23. EEC 77/389
24. EEC 89/297
25. EEC 74/483
26. EEC 74/60
27. EEC 78/316
28. EEC 92/21
29. EEC 92/24
30. EEC 75/443
31. EEC 78/549
32. EEC 92/23
33. EEC 70/221
34. EEC 72/245
35. EEC 70/387
36. EEC 91/226
37. EEC 70/222
38. EEC 76/114
39. EEC 78/548
40. EEC 70/388
41. EEC 77/540
42. EEC 77/539
43. EEC 78/318
44. EEC 76/759
Instructions are being prepared to address the import of  used vehicles in light of this new standard.  In
the mean time, the import of cars older than five years continues to be prohibited except for the
purpose of using them for spare parts.
Question 42.
Jordan has stated, e.g., in the responses to Questions 60 and 61 of document WT/ACC/JOR/13,
that some of its legislation has not yet been translated for review by the Working Party.  Could
Jordan supply descriptions of the relevant provisions of the legislation requested, withtranslations to follow when they have been completed?WT/ACC/JOR/18
Page 18
Answer:
Please see the reply to Question 9 above.
Question 43.
In its response to Question 63 of document WT/ACC/JOR/13, Jordan notes that a number of
firms have exclusive import and export rights in  eight products.  Do these firms have the right
to restrict the quantities of the goods imported  and exported, or must they import or export
upon demand of other individuals and firms?  Do these firms pay the same taxes and charges on
imports and exports as other firms?  If not, why not?  If these firms do have the right to restrict
trade, how does Jordan intend to amend this practice to bring it into conformity with Article XI
of the GATT?
Answer:
The firms which have the exclusive right to import certain products are the following:
Product Enterprise
Natural raw leather Jordan Tanning Co.
Petroleum and derivatives, excluding mineral oils Jordan Petroleum Refinery Company (JPRC)
Gas cylinders for house use JPRC
Black cement Jordan Cement Factories Co.
Ammonium nitrate Jordan Phosphates Mining Co. (JPMC)
Raw phosphates JPMC
Gun powder salt and explosives JPMC
Used automobile tyres Tyre factories
These companies conduct trade based on market demand and their internal needs for production
purpose.  All five companies (except tyre factories) have exemptions from import duties (see the
replies to Questions 24 and 25 above).  As for tax and other privileges, these will be described in thereply to the questionnaire on State trading which will be provided soon (see the reply to Question 109
below).
Question 44.
The response to Question 200 in document WT/ACC/JOR/13 indicates that Jordan still restricts
imports of sheep to animals less than a year old.   Why does the Government of Jordan restrict
the importation of sheep over the age of one year?  Does the Government of Jordan impose
similar age restrictions on the sales of domestic ally-produced sheep?  This would appear to be a
violation of Article XI as well as Article III:4, national treatment.  Please indicate how Jordanplans to bring it into WTO conformity.
Answer:
Jordan currently restricts the importation of sheep over the age of 1.5 years.  The reasons are
the following:
- sheep older than this age are likely to carry diseases;
- due to technological limitations, Jordan is  currently unable to properly cope with the
inspection of imported sheep.
This practice will be eliminated as soon as Jordan has the means to modernise veterinary
inspection of imports.WT/ACC/JOR/18
Page 19
The Ministry of Agriculture conducts periodic and systematic inspection on domestic farms to
control any disease.
Question 45.
Could Jordan provide reasons for the legal requirements restricting import and export
transactions of certain products to certain agen cies?  When does Jordan intend to liberalise the
import/export of the products concerned?
Answer:
The exclusive rights provided to these companies are part of a concession package and
agreements with these companies.  These rights will  continue to be in effect for the duration of the
concession.
Question 46.
We commend Jordan’s intention to eliminate the bans on the import of mineral water and table
salt.  Could Jordan provide a time frame for the elimination of these measures?
Answer:
The decision on lifting the ban on the importation of mineral water and table salt has not been
taken yet.  No time frame has been set for the elimination of these measures. A report on this matter
will be provided during the next Working Party meeting.
Question 47.
We understand Jordan’s safety and environmental concerns.  These, however, take a form that
is clearly WTO-incompatible and which should be removed before accession to comply with the
provisions of the WTO Agreements.  What are th e conditions for importing diesel cars and
lorries?  Is the import of diesel operated saloon cars and taxis allowed in Jordan?  If not, could
Jordan explain the reason why?
Answer:
The import of diesel operated saloon cars and taxis is not allowed in Jordan due to
environmental pollution that would result from the use of such cars.  The import of diesel operating
lorries is allowed as they mostly operate outside congested areas.
Question 48.
Could Jordan provide a WTO justification for maintaining the rule of having to hold an import
card to be able to import.  Could Jordan also provide a reason for the disproportionate fine,5 per cent of the value of the good, charged in th e case of importing without the import card.
Answer:
The import card is used for identification and statistical purposes.  Not having an import card
does not restrict import; a fine of 5 per cent of the declared value of shipment is charged for not
having the import card.  This fine is designed to en sure that importers comply with the requirement to
have the import card.WT/ACC/JOR/18
Page 20
(f) Import licensing procedures
Question 49.Please supplement the table, provided in the response to Question 64 in document
WT/ACC/JOR/13, to include, for each item subject to import prohibition or requiring priorapprovals, the GATT justification and, where applicable, the date for elimination.
Answer:
Jordan is in the process of examining the list of products subject to prior approval and plans to
eliminate those products that can not be justified under WTO rules by the date of accession to the
WTO.  Jordan plans to enact legislation to bring th e current regime into full conformity with the WTO
prior to accession.  A time frame to complete this work will be provided during the next Working
Party meeting.
Prior Approvals
Product HS Code Party Granting Approval Justification
1. Rice 10.06 Ministry of Industry and
Trade (MIT)Statistical purpose
2. Wheat flour 11.01 MIT Statistical purpose
3. Sugar 17.01 MIT Statistical purpose
4. Wheat 10.01 MIT Statistical purpose
5. Barley 10.03 MIT Statistical purpose
6. Corn 10.05 MIT Statistical purpose
7. Milk for industrial use 04.02 MIT Health
8. Used automobile tyres 40.12 MIT Safety
9. Live animals Chapter 1 Ministry of Agriculture Health
10. Frozen animal semen 0511.10 Ministry of Agriculture Health
11. Fresh chilled and frozen meat Chapter 2 Ministry of Agriculture Health
12. Olive oil 1509 Ministry of Agriculture Social
13. All kinds of arms and ammunition Chapter 93 Ministry of Interior,
Public Security Dept.(PSD)National security
14. All kinds of explosives 36.01
36.02
36.03
36.04PSD National Security
15. Pen knives and similar articles 82.11 PSD National Security
Public order
16. Children automobile toys
operated with fuel95.01 PSD Safety
17. Remote control and toy
aeroplanes9503.20 PSD Safety
23 . Electrical and electronic video
games machines95.04 PSD Public moral
24. Self-defence electrical equipment 85.43 PSD National Security
Public order
25. Radio-active materials and
uranium28.44 Ministry of Energy &
Mineral ResourcesNational Security
HealthSafety
Environment
26. Wireless transmitters and
receivers85.25 Telecommunications
Regulatory Commission(TRC)National  Security
SafetyHealthWT/ACC/JOR/18
Page 21
Product HS Code Party Granting Approval Justification
27. Wireless alarm equipment 85.31 TRC National Security
Health
28. All kinds of remote control
equipment (except those fortelevision and video)8543.209
8526.92TRC National Security
SafetyHealth
29. Radar apparatus 8526.91 TRC National Security
Safety
Health
30. Transmission and reception
stations85.25 TRC National Security
SafetyHealthEnvironment
31. Cellular telephone systems 85.25.201 TRC National Security
SafetyHealth
Environment
32. Cordless telephones 85.17.11 TRC National Security
Health
33. Cordless microphones 8518.10 TRC National Security
Health
34. Electrical equipment for line
telephony and telegraphy85.17 TRC Safety
Environment
35. Decoders 8543.899 TRC National Security
Health
36. Satellites 85.29
8529.1018543.891TRC National Security
SafetyHealth
37. Coloured photocopying machines 90.09 Central Bank of Jordan National Security
38. Medicaments, antibiotics, human
blood, vaccines29.41
30.0230.03
30.04Ministry of Health
(MOH)Health
39. Food preparations used by
athletes2106.90 MOH Health
40. Bromides of potassium 2827.51 MOH Health
41. Food colourings 13.02 MOH Health
42. Sheets and pipes of asbestos 68.11 MOH Health
43. Milk and foods for children 04.02
2106.90MOH Health
44. Ice cream and other edible ice 21.05 MOH Health
45. Postage franking machines 84.70 Ministry of Post and
CommunicationsNational Security
46. Halogenated derivatives of
hydrocarbons2903.4
2903.46Public Corporation for
Protection of theEnvironmentSafety
Environment
47. Frion gas 2903 Public Corporation for
Protection of theEnvironmentSafety
Environment
48. Boring machinery for water 8430.4 Ministry of Water &
IrrigationConservation of
Natural Resources
49. Military clothing Chapters
61+62General Command of the
Armed ForcesNational Security
The legislation governing prior approvals vary from one government institution or ministry to
another.  In general, the main criterion to provide a prior approval is to determine whether or not the
product in question has impact on health, safety, environment, national security, public order andWT/ACC/JOR/18
Page 22
moral, and conservation of natural resources.  In certain cases (imports of arms and ammunitions,
explosives, pen knives), importers must be licensed in order to apply for prior approval.  Most
ministries do not charge fees for the issuance of prior approvals.  There is no time limit provided in
legislation for issuing prior approvals.  It, however, varies from one ministry to another; from one day
to one year provided that all required documents are submitted.
Question 50.
The response to Question 64 in document WT/ACC/JOR/13 indicates that the Ministries of
Supply and Agriculture must grant prior approval for a number of agricultural imports, and
the Ministry of Industry and Trade for used automobile tyres.  It would appear that these
requirements, and the import bans on plastic waste, mineral water, table salt, used cars, and
cars using other than benzene as fuel are intended to limit imports and are inconsistent withArticle XI of the GATT and the Agreement on Agriculture.  We request that Jordan confirm
that all of these restrictions (e.g., not just the one on mineral water) will be eliminated or
amended no later than upon accession to bring them into line with WTO provisions.  We
request as soon as possible a report from Jordan on how it intends to accomplish this.
Answer:
Jordan intends to conform to Article XI of the GATT 1994 no later than upon accession and
to eliminate or amend all restrictions that are inconsistent with Article XI.  Currently, the Cabinet of
Ministers is examining the application of bans on plastic waste, mineral water, table salt, used cars,and cars using other than benzene as fuel.  A report on this matter will be provided during the next
Working Party meeting.
Question 51.
According to the response to Question 103 of  document WT/ACC/JOR/13, the Government of
Jordan does not have a specific import quota imposed on the importation of rice, wheat and
sugar.  However, the prior approval system is bein g used to control the strategic reserve of these
products.  If there is no specific import quota system, how does the Government of Jordan
determine whether or not to grant approval  for the importation of these products?
Answer:
There is no maximum limit on the importation of these products into Jordan.  Therefore, there
is no import quota7 system in place.  The main criterion to provide a prior approval is to determine
whether or not the product in question has impact on health, safety, and environment, national
security, public order and moral, in conservation of natural resources.
Question 52.
Why is prior approval required for telecommunications equipment and toys, and what criteria
for approval are applied?
Answer:
Prior approval are granted to the applicant after examination of the catalogue or laboratory
analysis of samples in order to determine whether or not the product in question is likely to threatennational security, safety, environment, health (see the reply to Question 49 above for respective
telecommunications equipment and toys).WT/ACC/JOR/18
Page 23
Question 53.
What are the “general safety conditions” required for prior approval of chemical imports?Answer:
The “general safety conditions” required for prior approvals of chemical imports are the
following:
- availability of appropriate storage facilities;
- proper transport, handling and appropriate labelling.
Question 54.
What are the eligibility requirements for enterprises applying to import goods which require
prior approval?  What are the time-limits prov ided for the issuance of the approvals?  What
fees are charged?
Answer:
Please see the reply to Question 49 above.
Question 55.
Is there an opportunity for other countries to comment in writing on new procedures and
products that are added to the list of goods requiring prior approval?
Answer:
There are no restrictions on other countries to comment in writing on new procedures and
products that are added to the list of goods requiring prior approval.
Question 56.
Please confirm that there are no cases in which exchange permits can be denied if the importer
presents an import card and no prior approval is necessary?
Answer:
Exchange permits are no longer required.
Question 57.
Jordan states that it is possible to appeal if prior approval for importation is denied
(Question 70, document WT/ACC/JOR/8).  To what juridical or administrative bodies areimporters to appeal in the event that prior approval for import is denied?
Answer:
Please see the reply to Question 10 above.
Question 58.
Regarding countries with which Jordan has no preferential trading agreement, can Jordan
confirm that no import licences are required unless prior approval is required?WT/ACC/JOR/18
Page 24
Answer:
Regarding countries with which Jordan has no preferential trading agreement, import licences
are required as described to the reply to Question 69.  There is no linkage between prior approvals and
import licences.
Question 59.
In response to Question 80 in document WT/ACC/JOR/13, Jordan lists a number of products in
trade with other countries that are subject to prior approval because they receive preferential
treatment.  Do the preferences extend beyond tariff cuts and exemptions?  If so, how?  Are these
preferences part of any larger preference system, or are they simply bilateral agreements?
Answer:
For trade with countries with which Jordan has bilateral agreements, import licences are
required for all products imported from these countries.  In addition, prior approvals are required toimport from all countries (including ones with which Jordan has bilateral agreements) for certain
products listed in the reply to Question 49 above.
Preferences for products listed under the response to Question 80 in document
WT/ACC/JOR/13 do not extend beyond tariff cuts and exemptions.  These preferences are simplybilateral agreements.
Question 60.
We note in the response to Question 97 of document WT/ACC/JOR/13 that Jordan does not
have a time table for the elimination of its system of prior approvals, which it has the intention
to eliminate gradually.  We seek Jordan’s commitment to the elimination or revision to meet
WTO provisions of the system of prior approvals prior to its date of accession to the World
Trade Organization.
Answer:
Please see the reply to Question 49 above.
Question 61.
Could Jordan provide GATT or WTO justification for the measures indicated in its answer to
Question 79 (WT/ACC/JOR/13)
Answer:
See the reply to Question 49 above.
Question 62.
Could Jordan specify the conditions for obtain ing the prior approval for importing certain
goods?
Answer:
Please see the reply to Question 49 above.WT/ACC/JOR/18
Page 25
Question 63.
We commend Jordan for its commitment to gr adually eliminate the prior approval system.
Could Jordan specify how the dismantling will proceed and when it will be completed?
Answer:
Please see the reply to Question 49 above.
Question 64.
What is the purpose of using import licensing for imports from countries with which Jordan has
preferential trade agreements?  Can Jordan confirm that the licences are required only forthose products that benefit from the bilateral preference?
Answer:
The purpose of using import licensing for imports from countries with which Jordan has a
preferential trade agreement is to:  (i) keep track of statistics and (ii) to manage the exemptions
provided by the respective agreements.  The licences are required for all products imported from these
countries, not only for those products that benefit from the bilateral preference.
Question 65.
It is apparent from the responses provided to Questions 60-80 in document WT/ACC/JOR/13
that Jordan is still using quantitative restrictions and import licensing for many products that
cannot be justified as exceptions to the requirements of GATT Article XI.  Some of the items
also appear to violate GATT national treatm ent and MFN provisions.  Jordan has indicated
that, in some cases, it wishes to eliminate th e quantitative restriction gradually.  Jordan should
undertake to eliminate or amend these measures prior to accession.  Please provide a timetable
for the elimination of each of these non-tariff trade measures.  If a delay is sought, Jordan
should make specific proposals in this regard as soon as possible.
Answer:
Please see the reply to Question 49 above.
Question 66.
Could Jordan provide the Working Party with a copy of the Import/Export Law in a WTO
language.
Answer:
The Import/Export Law of No. 14 of 1992 is being translated into English and will be
provided to the WTO in early March 1999.
Question 67.
Could Jordan specify the criteria for refusal of automatic import licensing.  This reply also
seems to indicate that Jordan maintains separa te arrangements with Arab countries and Israel
in this field;  could Jordan provide details of these arrangements?WT/ACC/JOR/18
Page 26
Answer:
Import licences in Jordan are automatic.  Refusals may only occur if necessary documents
(see Annex 3 of WT/ACC/JOR/3) are not submitted.
The following require import licences:
- imported goods from countries which have trade agreements and protocols with Jordan
provided that these goods originate in those countries:  Bahrain, Egypt, Iraq, Israel, Kuwait,
Lebanon, Libya, Morocco, Oman, Palestine National Authority, Saudi Arabia, Sudan, Syria,
Tunisia, United Arab Emirates and Yemen;
- imported goods in the name of the following agencies: banks, companies under establishment,
farms, handicraft businesses, hospitals, hotels, ministries and public institutions, newspaper,
religious, scientific and charitable organisations;
- imports of individuals for personal non-commercial use;
- goods, brought into the country by passengers, which are neither prohibited nor restricted and
whose total value does not exceed Jordan Dinars 2,000;
- companies, organisations and individuals registered with official bodies to establish
development projects in Jordan;
- foreign contractors and companies including their branches which are registered in Jordan as
foreign entities;
- foreign entities which are permitted to operate a resident branch in Jordan to conduct business
outside Jordan and non-Jordanian individuals working in media establishments.
The following items require import licences:  biscuits, used vehicles, and used electronic
equipment.
The licensing system is described in Anne x 3 of WT/ACC/JOR/3 (Questionnaire on import
licensing procedures).  No fees are charged to obtain these licences.  There is no legal requirementlimiting the period required to issue a licence.  In practice, licences are issued in less than one hour.
Required documents are described in se ction VI of Annex 3 of WT/ACC/JOR/3.
Question 68.
According to the response to Question 80 of  document WT/ACC/JOR/13, the Government of
Jordan requires import licences for many items being imported from the Palestinian National
Authority, Saudi Arabia and Israel on items that receive preferential tariff treatment.  Are
these licences discretionary?  Do they constitute a restrictive regulation of commerce within the
meaning of Article XXIV:8 of the GATT?
Answer:
These licences are not discretionary.  They are automatic and are not linked to any quotas.
The trade agreements between Jordan and these countries do not fall under the definition ofArticle XXIV:8.  These trade arrangements are not free trade or customs unions.  Therefore, the
application of Article XXIV:8 of GATT is irrelevant in this case.WT/ACC/JOR/18
Page 27
Question 69.
At the Working Party meeting in July 1997, we asked Jordan to revise and expand its response
to the Questionnaire on Import Licensing Procedures, contained in document WT/ACC/JOR/3,
specifically to identify the imports requiring im port licences and prior import authorisations, to
clearly outline the criteria that must be met to receive import prior approvals, permits or
licences, to specify the time-limits provided for th e issuance of the documents, and to report the
fees, if any, charged.  We appreciate the list provided of imported goods subject to prior
approval.  We will need additional information, however, to evaluate the WTO consistency of
Jordan’s licensing regime.  What information must be provided to receive licences to import
these products?  What are criteria for deciding if approval for import is to be given?
Answer:
The following require import licences:
- imported goods from countries which have trade agreements and protocols with Jordan
provided that these goods originate in those countries:  Bahrain, Egypt, Iraq, Israel,Kuwait, Lebanon, Libya, Morocco, Oman, Palestine National Authority, Saudi Arabia,
Sudan, Syria, Tunisia, United Arab Emirates and Yemen;
- imported goods in the name of the following agencies:  banks, companies under
establishment, farms, handicraft businesses, hospitals, hotels, ministries and publicinstitutions, newspaper, religious, scientific and charitable organisations;
- imports by individuals for personal non-commercial use;- goods, brought into the country by passengers, which are neither prohibited nor restricted
and whose total value does not exceed Jordan Dinars 2,000;
- companies, organisations and individuals registered with official bodies to establish
development projects in Jordan;
- foreign contractors and companies including their branches which are registered in Jordan
as foreign entities;
- foreign entities which are permitted to operate a resident branch in Jordan to conduct
business outside Jordan and non-Jordanian individuals working in media establishments.
The following items require import licences:  biscuits, used vehicles, and used electronic
equipment.
The licensing system is described in Annex 3 of WT/ACC/JOR/3 (reply to the questionnaire
on import licensing procedures).  No fees are charged to obtain these licences.  There is no legal
requirement limiting the period required to issue a li cence.  In practice, licences are issued in less than
one hour.  Eligibility requirements and required documents are described in Annex 3 of
WT/ACC/JOR/3.
As for prior approvals, please see the reply to Question 49 above.
Question 70.
Jordan states that it does not want to become a market for “outdated medicines”.  On the basis
of what criteria will the Ministry of Health approve medicines for importation?WT/ACC/JOR/18
Page 28
Answer:
In order to import medicines, the importer must register the imported medicine at the Ministry
of Health (MOH).  Documents that must be submitted to the MOH for the purpose of registration
include:  (i) full information about the medicine and manufacturer;  and (ii) proof of circulation of
medicine in the country of origin.
There are no Jordanian standards with respect to medicines.  Medicines are registered at the
MOH according to manufacturer's specification and/or international standards (e.g. USP, BP, EP,
etc.).
At the time of importation, imported medicine is subject to laboratory analysis by the MOH to
ensure conformity to the information provided at the time of registration.
Question 71.
Jordan states that goods imported for banks, companies under establishment, hotels and private
universities require licences (document WT/ACC/JOR/13, Question 95).  Does Jordan confirmthat imports of such goods are subject to licen sing, even if Jordan has no preferential trading
agreement with the exporting country?
Answer:
Importation by banks, companies under establishment, hotels and private universities require
import licences regardless of the exporting country (including countries with which Jordan has no
preferential trading agreement).
(h) Customs valuation
Question 72.In document WT/ACC/JOR/13, in response to Question 108, Jordan states that the new draft
Customs Law is still being discussed in Parliament and there is no copy in any of the WTO
languages.  We would appreciate a description, section-by-section, of the provisions of the
Customs Law as they relate to customs valuation , indicating what Articles and paragraphs of
the WTO Agreement on Customs Valuation are cove red by this part of Jordan's customs law.
We would like an update on the status of the Parliament’s discussions.  Does Jordan have a
target date for passage of the law?  We request a copy of the Customs Law at Jordan's earliest
opportunity.
Answer:
The new Customs Law was enacted on 1 August 1998 and became effective on
1 January 1999.  The new customs law of 1998 replaces the Customs Law No. 16 of 1983. The new
Customs Law is currently being translated into English and will be submitted to the WTO in earlyMarch 1999 (WT/ACC/JOR/17).
Please see Articles 28-32 of the Customs Law that primarily deal with customs valuation
(WT/ACC/JOR/17).
Question 73.
In document WT/ACC/JOR/13, in response to Question 109, Jordan explains that one of
reasons the registration date of the declaration ha s an effect on the c.i.f. value of imports, isWT/ACC/JOR/18
Page 29
because of the daily swing in prices of goods.  Could Jordan please explain how the daily swing
in prices of goods is factored into the determination of the customs value?
Answer:
The new Customs Law of 1998 follows the WTO rules in this regard and specifies the
transaction value rather than the normal price for the purpose of customs valuation.
Question 74.
In reviewing Jordan’s responses to Questions 109-120 of document WT/ACC/JOR/13, as well as
the information provided in Annex 4 of document WT/ACC/JOR/3, it appears that there are
several provisions of the current law and possibly provisions of the draft customs laws that areinconsistent with the requirements of the WTO Agreement on Customs Valuation.  We strongly
encourage the Government of Jordan to submit a copy of the draft customs law to the WTO
Secretariat and to the World Customs Organiz ation for technical review, at the earliest
opportunity.  Once we receive a description or a copy of the new Customs Law, we will provide
further comments and questions.
Answer:
The new Customs Law of 1998 is based on the WTO Customs Valuation Agreement.  A copy
of the new law in English will be provided to the WTO Secretariat in early March 1999.   
Please see
Articles 28-32 of the Customs Law which primaril y deal with customs valuation (WT/ACC/JOR/17).
Question 75.
The Customs Valuation Agreement is a fundamental component of the Uruguay Round
Agreement and full implementation of it, as of the date of WTO accession, is being requested
from all acceding countries.  We encourage  Jordan to incorporate the WTO Valuation
Agreement into its legislation as soon as possible and certainly no later than the date of
accession.
Answer:
Please see the reply to Question 74 above.
Question 76.
Could Jordan provide a copy of the new Customs Law in a WTO Language once approved by
the National Parliament?
Answer:
Please see the reply to Question 22 above.
(j) Pre-shipment inspection
Question 77.
We appreciate Jordan's offer to report in detail  the nature of its contract on pre-shipment
inspection prior to the next Working Party, as  well as its commitment to ensure that the
operations of this firm are consistent with the relevant WTO Agreements, in particular, GATT
Article VIII, the Agreement on Pre-shipme nt Inspection and the Agreement on the
Implementation of Article VII of the GATT 1994.WT/ACC/JOR/18
Page 30
Answer:
Jordan does not yet have in place a system of pre-shipment inspection.  In case of the
introduction of pre-shipment inspection in the future , Jordan will ensure that it will be in full
conformity with the WTO Agreement on Pre-shipment Inspection.
(k) Application of internal taxes on imports
Question 78.According to the response to Question 49 of document WT/ACC/JOR/13, imported goods
subject to General Sales Tax receive national treatment in the application of the tax withexceptions for certain specified products.  Please describe how the General Sales Tax is levied
on imported goods.  Is the tax assessed at the border or at the point of sale?
Answer:
When importation occurs, the tax on imported goods is assessed on the basis of the custom
value plus assessed custom duties.  The General Sales Tax is paid at the border after the payment of
customs duties.
Question 79.
For each of the products listed in paragraph (a) of the response to Question 49 of document
WT/ACC/JOR/13, relating to Table No. 1 of the General Sales Tax Law, please describe how
the application of the general sales tax differs as between imported and domestically-produced
items.
Answer:
The following table lists the products for which the General Sales Tax is higher for imported
than domestically produced items.
Sales Tax
Product Unit Domestic JD. Imported JD.
1. Beer, including non-alcoholic:
(a) In containers up to 35 cl
(b) In containers from 35 cl to 2/3
litre
(c) Othercontainer
container
one litre0.175
0.245
0.4200.285
0.385
0.585
2. Alcohol:
Pure litre 0.325 0.330
3. Wines with less  than 25 per cent alcohol:
(a) Sparkling wine(b) Otherlitre
litre0.500
0.5001.155
0.891
4. Liquors including
Wines with 25 per cent or more alcohol.(a) Arak
(b) Cognac
(c) Otherlitre
litre
litre0.600
0.650
0.8500.850
1.000
1.200
5. Cigarettes for local consumption pack 0.197-0.385 0.385WT/ACC/JOR/18
Page 31
The following products are not subject to the General Sales tax if produced locally. However, a
General Sales Tax of 10 per cent is applied if these products are imported:
- clothing and shoes;
- agricultural plastic houses;- kerosene or gas operated heaters;
- furniture;
- fibre glass and its products;
- wool blankets, covers, and mattresses, quilts, and towels;
- yeast and bread improvements;
- active and inactive lime and calcareous masonry;
- smoke stack stoves and their parts;- dried leguminous vegetables subjected to any manufacturing process such as: peas, chick
peas, beans, kidney beans, lentils of field beans;
- egg carton holders;
- solar heaters;
- knitted textiles;- mills products including spices, thyme, and other herbs;
- plastic agricultural sheets and other plastic products for the irrigation network;
- energy-saving insulation materials for building purposes.
Question 80.
How does the Government of Jordan intend to remove the discriminatory general sales tax rates
applied to the items listed in paragraph (b ) of the response to Question 49 of document
WT/ACC/JOR/13, relating to Table No. 2 of the General Sales Tax Law?
Answer:
The reply to Question 79 above provides the list of items where WTO national treatment does
not apply.  Jordan intends to remove the discriminatory general sales tax rates applied to these items
prior to accession to the WTO.  Jordan plans to en act/adopt legal measures to bring Jordan's legal
regime into conformity with Article III of the GATT 1994.  A time frame will be provided during the
next Working Party meeting.
Question 81.
The response to Question 49 in document WT/ACC/JOR/13 states that there is an extensive list
of imported goods that do not receive exemption from the national sales tax along with similar
domestic products, and also lists imports that are charged a higher rate than similar domestic
goods.  This would appear to violate the national treatment provisions of Article III of the
GATT.  What does Jordan intend to do, specifically, and in what time frame, to eliminate this
discrimination?
Answer:
Please see the reply to Questions 79 and 80 above.
Question 82.
We seek a commitment from Jordan to observe Ar ticle III in the application of domestic taxes
to imports, and to eliminate or revise its current measures by the date of accession in order to
bring its regime into WTO conformity.WT/ACC/JOR/18
Page 32
Answer:
Please see the reply to Question 80 above.
(l) Rules of origin
Question 83.
According to the responses to Question 133 of document WT/ACC/JOR/13, Jordan does not
have specific laws and regulations on rules of orig in, but instead applies the rules of origin of the
country it exports to.  We welcome the response to Question 131 of document WT/ACC/JOR/13
which states that Jordan is working on developi ng its rules of origin and shall do its best to
assume the obligations under the Agreement on Rules of Origin as soon as possible.  We lookforward to receiving a description of the rules of origin under development.  Please provide a
description, and as soon as possible, a copy of the legislation, to the Working Party.  We also
would appreciate a translation of the relevant provisions for the rules of origin of Jordan's
preferential arrangements.
Answer:
Articles 24-27 of the new Customs Law set th e legal framework for applying the rules of
origin.  These Articles are attached.  Jordan plans to adopt the Harmonised Rules of Origin once
finalised by the WTO in co-operation with the World Customs Organisation.
For Arab countries having preferential trading arrangements with Jordan, the applied rule of
origin is at least 40 per cent value added.  The rule of origin with Israel is at least 35 per cent value
added.  With regards to the European Association Ag reement, the Agreement is not ratified yet.  Such
rules will be notified as soon as ratification takes place.
Question 84.
Please provide an update on the Government of Jordan’s efforts to implement the WTO
Agreement on Rules of Origin, including the status of draft legislation or regulations.  What is
Jordan’s time table for the implementation of th e Rules of Origin Agreement prior to the date
of WTO accession?  We look forward to receiving a description of the rules of origin underdevelopment, as noted in response to Question 131 of document WT/ACC/JOR/13.
Answer:
Please see the reply to Question 83 above.  Jordan will ensure conformity with the WTO
Agreement on Rules of Origin prior to the date of WTO accession.
(m-o) Anti-dumping, countervailing duties and safeguards regimes
Question 85.Please explain what is meant by the answer to Question 138 of document WT/ACC/JOR/13
when Jordan states "A by-law will be issued in accordance with the Safeguard Law, once this
law is enacted to deal with anti-dumping and countervailing".
Answer:
The National Production Protection Law ("The Law on Safeguards") was enacted on
1 October 1998.  The Law was submitted in English to the WTO.  Regulations are being drafted toWT/ACC/JOR/18
Page 33
implement the Agreement on Subsidies and Countervailing Measures and the Agreement on
Implementation of Article VI of the GATT 1994 (Anti-Dumping).
Question 86.
Please describe, section-by-section, the relevant provisions of the Safeguard Law as they relate
to WTO provisions, and with specific reference to  the nature of the injury test and the other
aspects of the investigation.
Answer:
The National Production Protection Draft Law No. 4 for the Year 1998 ("the Law on
Safeguards") conforms to the WTO Agreement on Safeguards.  However, it is important to state thatthe Law requires the Cabinet to issue the following regulations as provided in Article 14 of the Law:
Article 14:  The Cabinet shall issue the Regulations needed for implementing this
Law, which shall cover the following:
(a) The fees to be collected from petitioners for protection;.
(b) The conditions to be fulfilled by protection petitioners, as well as details about the
evidence and documents to be submitted with the petition;
(c) The procedures for investigating the petitions and the scope of investigations;
(d) The matters to be addressed by the report that includes the recommendation to the
minister regarding the protection petition;
(e) The maximum period for applying the protection measures as well as the procedures
and conditions pertaining to the extension and re-imposition of such measures.
Currently, Jordan is in the process of drafting these regulations.Below is a table comparing the National Production Protection Law No. 4 for the year 1998
with WTO Agreement on Safeguards.
Provisions Agreement On Safeguards Provisions of The National Production Protection Draft
Law No. ( ) for the Year 1998
ARTICLE 1
General Provision
This Agreement establishes rules for the
application of safeguard measures which shall beunderstood to mean those measures provided forin Article XIX of GATT 1994.
ARTICLE 2
ConditionsArticle (3): The provisions of this Law shall apply to those
goods imported to the Kingdom, which are similar to, orcompete with a domestically produced good.
1. A Member1 may apply a safeguard
measure to a product only if that Member has
determined, pursuant to the provisions set out
below, that such product is being imported intoits territory in such increased quantities, absoluteor relative to domestic production, and undersuch conditions as to cause  or threaten to causeserious injury to the domestic industry that
produces like or directly competitive products.Article (4):
(a) National producers who suffer or are likely to suffer
serious injury due to an increase in the imports of agood which is similar to, or which competes withtheir production, may submit a petition in writing tothe Minister or to whomever the latter authorises, to
have their goods protected, provided they furnish
documents and evidence which would assist theMinistry in establishing actual or probable damage totheir production sector.
                                                     
     1A customs union may apply a safeguard measure as a single unit or on behalf of a member State.
When a customs union applies a safeguard measure as a single unit, all the requirements for the determination ofWT/ACC/JOR/18
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Provisions Agreement On Safeguards Provisions of The National Production Protection Draft
Law No. ( ) for the Year 1998
2. Safeguard measures shall be applied to aproduct being imported irrespective of itssource.(b) For the purposes of this Law, serious injury is
considered the direct and real negative effect on theproduction sector of a good, which is similar to orsubject to competition by the imported good.
(c) If it is established that damage to a production sector
has resulted from importing a good which is dumpedor subsidised at origin, then the provisions of theRegulation referred to in Article (15) of this law shall
apply.
ARTICLE  5
InvestigationInvestigation procedure subject to Regulations to be
issued by the Cabinet.  See Article 14(c).
1. A Member may apply a safeguard measureonly following an investigation by the competentauthorities of that Member pursuant toprocedures previously established and madepublic in consonance with Article X ofGATT 1994.  This investigation shall include
reasonable public notice to all interested parties
and public hearings or other appropriate meansin which importers, exporters and otherinterested parties could present evidence andtheir views, including the opportunity to respondto the presentations of other parties and to
submit their views, inter alia , as to whether or
not the application of a safeguard measurewould be in the public interest.  The competentauthorities shall publish a report setting forththeir findings and reasoned conclusions reached
on all pertinent issues of fact and law.Article (14): The Cabinet shall issue the Regulations
needed for implementing this Law, which shall cover thefollowing:
(c) The procedures for investigating the petitions and
the scope of  investigations;
See Articles (5) and (6) below
2. Any information which is by nature
confidential or which is provided on aconfidential basis shall, upon cause being
shown, be treated as such by the competent
authorities.  Such information shall not bedisclosed without permission of the partysubmitting it.  Parties providing confidentialinformation may be requested to furnishnon-confidential summaries thereof or, if such
parties indicate that such information cannot be
summarised, the reasons why a summary cannotbe provided.  However, if the competentauthorities find that a request for confidentialityis not warranted and if the party concerned iseither unwilling to make the information public
or to authorise its disclosure in generalised or
summary form, the authorities may disregardsuch information unless it can be demonstratedto their satisfaction from appropriate sources thatthe information is correct.Article (12): Neither the Ministry nor any other official
authority shall disclose any confidential informationobtained in the course of carrying out its duties in
implementing the provisions of this Law.
                                                                                                                                                                    
serious injury or threat thereof under this Agreement shall be based on the conditions existing in the customs
union as a whole.  When a safeguard measure is applied on behalf of a member State, all the requirements forthe determination of serious injury or threat thereof shall be based on the conditions existing in that memberState and the measure shall be limited to that member State.  Nothing in this Agreement prejudges the
interpretation of the relationship between Article XIX and paragraph 8 of Article XXIV of GATT 1994.WT/ACC/JOR/18
Page 35
Provisions Agreement On Safeguards Provisions of The National Production Protection Draft
Law No. ( ) for the Year 1998
ARTICLE 4
Determination of Serious Injury or Threat
ThereofThe law does not mention "significant overall
impairment".
1. For the purposes of this Agreement:
"serious injury" shall be understood to mean a
significant overall impairment in the position of
a domestic industry;See Article (4)(b) above
"threat of serious injury" shall be understood to
mean serious injury that is clearly imminent, inaccordance with the provisions of paragraph 2.
A determination of the existence of a threat of
serious injury shall be based on facts and notmerely on allegation, conjecture or remotepossibility;  andArticle (5): The Minister shall decide, on the basis of a
studied recommendation by the competent authority in theMinistry, whether to grant the petition preliminary
approval or to deny it. If the petition is denied, the
competent authority in the Ministry shall notify thepetitioners of the decision within fourteen days from thedate of the decision.
in determining injury or threat thereof, a"domestic industry" shall be understood to meanthe producers as a whole of the like or directlycompetitive products operating within theterritory of a Member, or those whose collective
output of the like or directly competitive
products constitutes a major proportion of thetotal domestic production of those products.If the minister grants the petition preliminary approval,
then he shall instruct the competent authority in theMinistry to investigate it.
2.(a) In the investigation to determine whether
increased imports have caused or are
threatening to cause serious injury to adomestic industry under the terms of thisAgreement, the competent authorities shallevaluate all relevant factors of an objectiveand quantifiable nature having a bearing on
the situation of that industry, in particular,
the rate and amount of the increase inimports of the product concerned inabsolute and relative terms, the share of thedomestic market taken by increasedimports, changes in the level of sales,
production, productivity, capacity
utilisation, profits and losses, andemployment.Article (6):
(a) After completing the investigation mentioned in
Article (5), and drawing conclusions therefrom, thecompetent authority in the Ministry shall make arecommendation to the Minister to grant or deny the
protection petition, which recommendation must be
justified and based upon objective evidence. Ifapproval is recommended, suggestions must be madeas to the appropriate protection measures to be takenin order to counter actual or probable damage, aswell as to the actions and procedures which national
producers must observe in their production to
safeguard consumers during the period ofimplementing the protection measures.
(b) The determination referred to in
subparagraph (a) shall not be made unlessthis investigation demonstrates, on thebasis of objective evidence, the existenceof the causal link between increasedimports of the product concerned and
serious injury or threat thereof.  When
factors other than increased imports arecausing injury to the domestic industry atthe same time, such injury shall not beattributed to increased imports.(b) If the Minister denies the protection petition- after
reviewing the recommendation- the Ministry shallnotify the applicant of the rejection decision and itsjustification. If the Minister grants the petition, heshall submit a recommendation in its regard to theTariff Council, specifying therein what he considers
to be the appropriate protection measures and the
period required to implement the actions andprocedures which local producers must observe.
(c) The competent authorities shall publish
promptly, in accordance with theprovisions of Article 3, a detailedanalysis of the case under investigationas well as a demonstration of the
relevance of the factors examined.WT/ACC/JOR/18
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Provisions Agreement On Safeguards Provisions of The National Production Protection Draft
Law No. ( ) for the Year 1998
ARTICLE 5
Application of Safeguard Measures
1. A Member shall apply safeguard measures
only to the extent necessary to prevent orremedy serious injury and to facilitateadjustment.  If a quantitative restriction is used,such a measure shall  not reduce the quantity ofimports below the level of a recent period which
shall be the average of imports in the last three
representative years for which statistics areavailable, unless clear justification is given that adifferent level is necessary to prevent or remedyserious injury.  Members should choosemeasures most suitable for the achievement of
these objectives.Article (7)
(a) The Cabinet may decide, after reviewing the Tariff
Council’s recommendation, either to deny theprotection petition, or to grant it and take appropriate
protection measures in accordance with Article (8) of
this Law. In the latter case, the Ministry shall notifythe applicant of the decision and publicise it in twodaily local newspapers.
2.(a) In cases in which a quota is allocated
among supplying countries, the Member
applying the restrictions may seek
agreement with respect to the allocationof shares in the quota with all otherMembers having a substantial interest insupplying the product concerned.  Incases in which this method is not
reasonably practicable, the Member
concerned shall allot to Members havinga substantial interest in supplying theproduct shares based upon theproportions, supplied by such Membersduring a previous representative period,
of the total quantity or value of imports
of the product, due account being takenof any special factors which may haveaffected or may be affecting the trade inthe product.(b) Petitioners whose requests have been denied by the
Minister or the Cabinet may not submit another
petition based on the same circumstances and causes
provided in their initial petition, before (180) daysfrom the date of issuance of the denial decision.
Article (8):
(a) The Cabinet shall determine on the basis of the Tariff
Council’s recommendation, which of the following
protection measures would be appropriate:
1. Imposing a new tariff or increasing the tariff on
the imported good.
2 Limiting the quantity of the imported good.
3. Eliminating or reducing the tariff(s) on the
imported good or goods, which are inputs in theproduction of the domestic good.
(b) A Member may depart from the
provisions in subparagraph (a) providedthat consultations under paragraph 3 ofArticle 12 are conducted under the
auspices of the Committee on Safeguards
provided for in paragraph 1 of Article 13and that clear demonstration is providedto the Committee that:4. Measures which would assist national
producers in adapting to imports of the saidgood.
(i) imports from certain Members have
increased in disproportionatepercentage in relation to the totalincrease of imports of the productconcerned in the representativeperiod,(b) The new tariff or tariff increase levied on the
imported good in keeping with the protectionmeasures shall apply regardless of the country oforigin exporting the good.WT/ACC/JOR/18
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Provisions Agreement On Safeguards Provisions of The National Production Protection Draft
Law No. ( ) for the Year 1998
(ii) the reasons for the departure from
the provisions in subparagraph (a)are justified, and
(iii) the conditions of such departure are
equitable to all suppliers of theproduct concerned.  The duration ofany such measure shall not beextended beyond the initial period
under paragraph 1 of Article 7.  The
departure referred to above shall notbe permitted in the case of threat ofserious injury.(c) The Cabinet may, on the basis of the Tariff Council’s
recommendation, exempt from the provisions ofparagraph (b) of this Article any developing country,provided the following two conditions are fulfilled:
1. The developing country’s share of the imports of
the said good into Jordan does not exceed 3%;
2. The total share of developing countries, which
fulfil the former condition, does not exceed 9%of the Kingdom’s total imports of the said good.
(d) The quota for the imported good shall not be set at a
quantity lower than the average rate of its import
during the last three years for which adequate
statistical data is available, unless there are groundsnecessitating otherwise.
(e) All measures regarding the protection period, the rate
of the tariff or tariff increase, the import quota, shallbe set in the amount deemed by the Cabinetappropriate to ward off serious injury, enabledomestic producers to adjust their situation and adaptto imports of the said good, and to protect the
Kingdom’s interest.
Article (9):
(a) The Cabinet may decide, on the basis of the Tariff
Council’s recommendation, to distribute shares ofthe quota of the imported good between countries,which export the good to Jordan, or between thosecountries from which it is in Jordan’s fundamentalinterest to import the good.
(b) The allotment of shares mentioned in paragraph (a),
shall be based on each of the said countries’ share ofthe total quantity or total value of the imported goodduring the last three years for which appropriate
statistical data is available, provided factors affecting
trade in the imported item are taken intoconsideration.
ARTICLE 6
Provisional Safeguard Measures
In critical circumstances where delay
would cause damage which it would be difficult
to repair, a Member may take a provisional
safeguard measure pursuant to a preliminarydetermination that there is clear evidence thatincreased imports have caused or are threateningto cause serious injury.Article (10):
(a) If the protection petition is submitted for review on
an urgent basis in order to prompt a swift protectiondecision, and if the Minister finds valid grounds forsuch a petition, then he shall recommend to the
Tariff Council, to recommend in turn to the Cabinet,
the imposition of a tariff or tariff increase on anurgent basis.WT/ACC/JOR/18
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Provisions Agreement On Safeguards Provisions of The National Production Protection Draft
Law No. ( ) for the Year 1998
The duration of the provisional measure shallnot exceed 200 days, during which period thepertinent requirements of Articles 2 through 7and 12 shall be met.  Such measures should take
the form of tariff increases to be promptly
refunded if the subsequent investigation referredto in paragraph 2 of Article 4 does not determinethat increased imports have caused or threatenedto cause serious injury to a domestic industry.The duration of any such provisional measure
shall be counted as a part of the initial period
and any extension referred to in paragraph 1, 2and 3 of Article 7.(b) The Cabinet may decide, on the basis of the Tariff
Council’s recommendation, to adopt an urgentprotection measures by imposing a tariff or tariffincrease. .
(c) The Ministry shall notify the applicant about the
decision and shall publicise it in two localnewspapers. The urgency petition is to be considereddenied if the applicant is not notified about it within
fourteen days from the date of its submission.
(d) For the purposes of paragraph (a) of this Article, the
following are two of the cases, which warrant theimplementation of urgent protection measures:
1. If it is not possible to eliminate the impact of the
actual or probable serious injury without taking
urgent protection measures;
2. If it would be difficult for national producers to
adjust their situation and to adapt to thecompetition from importing the said good unless
urgent protection measures are applied at the
appropriate time.
Article (11):
(a) Even after implementing urgent protection measures
at the petitioner’s request, the Minister maynonetheless investigate the petition in accordancewith the procedures stated in Articles (5-8) of thisLaw.
(b) An urgent protection measure may not be applied for
more than (200) days.
(c) The Cabinet, upon the Tariff Council’s
recommendation, which in turn is based upon theMinister’s recommendation, may decide at any timeduring the period stated in paragraph (b) of thisArticle, to cancel the urgent protection measures inany of the following cases:
1 .If investigation establishes that implementing the
urgent protection measures affected nationalproducers negatively.
2. If investigation rules out the actual occurrence or
likelihood of occurrence of serious injury.
3. If the Cabinet decides in the same regard to apply
protection measures in accordance withArticles (7) and (8) of this Law.
ARTICLE 7
Duration and Review of Safeguard MeasuresArticle 14 of the law provides that regulations shall be
issued specifying the upper limit for the duration of the
safeguard measures, revisions and re-impositions thereof.
1. A Member shall apply safeguard measuresonly for such period of time as may be necessaryto prevent or remedy serious injury and to
facilitate adjustment.  The period shall not
exceed four years, unless it is extended underparagraph 2.WT/ACC/JOR/18
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Provisions Agreement On Safeguards Provisions of The National Production Protection Draft
Law No. ( ) for the Year 1998
2. The period mentioned in paragraph 1 maybe extended provided that the competentauthorities of the importing Member havedetermined, in conformity with the procedures
set out in Articles 2, 3, 4 and 5, that  the
safeguard measure continues to be necessary toprevent or remedy serious injury and  that thereis evidence that the industry is adjusting, andprovided that the pertinent provisions ofArticles 8 and 12 are observed.
3. The total period of application of asafeguard measure including the period ofapplication of any provisional measure, theperiod of initial application and any extensionthereof, shall not exceed eight years.
4. In order to facilitate adjustment in asituation where the expected duration of asafeguard measure as notified under theprovisions of paragraph 1 of Article 12 is over
one year, the Member applying the measure
shall progressively liberalise it at regularintervals during the period of application.  If theduration of the measure exceeds three years, theMember applying such a measure shall reviewthe situation not later than the mid-term of the
measure and, if appropriate, withdraw it or
increase the pace of liberalisation.  A measureextended under paragraph 2 shall not be morerestrictive than it was at the end of the initialperiod, and should continue to be liberalised.
5. No safeguard measure shall be appliedagain to the import of a product which has beensubject to such a measure, taken after the date ofentry into force of the WTO Agreement, for aperiod of time equal to that during which such
measure had been previously applied, provided
that the period of non-application is at least twoyears.
6. Notwithstanding the provisions ofparagraph 5, a safeguard measure with aduration of 180 days or less may be appliedagain to the import of a product if:
(a) at least one year has elapsed since the date
of introduction of a safeguard measure onthe import of that product;  and
(b) such a safeguard measure has not been
applied on the same product more than
twice in the five-year period immediatelypreceding the date of introduction of themeasure.WT/ACC/JOR/18
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Provisions Agreement On Safeguards Provisions of The National Production Protection Draft
Law No. ( ) for the Year 1998
ARTICLE 8
Level of Concessions and Other Obligations
1. A Member proposing to apply a safeguard
measure or seeking an extension of a safeguardmeasure shall endeavour to maintain asubstantially equivalent level of concessions andother obligations to that existing under GATT1994 between it and the exporting Members
which would be affected by such a measure, in
accordance with the provisions of paragraph 3 ofArticle 12.  To achieve this  objective, theMembers concerned may agree on any adequatemeans of trade compensation for the adverseeffects of the measure on their trade.
2. If no agreement is reached within 30 daysin the consultations under paragraph 3 ofArticle 12, then the affected exporting Members
shall be free, not later than 90 days after the
measure is applied, to suspend, upon theexpiration of 30 days from the day on whichwritten notice of such suspension is received bythe Council for Trade in Goods, the applicationof substantially equivalent concessions or other
obligations under GATT 1994, to the trade of
the Member applying the safeguard measure, thesuspension of which the Council for Trade inGoods does not disapprove.
3. The right of suspension referred to inparagraph 2 shall not be exercised for the firstthree years that a safeguard measure is in effect,provided that the safeguard measure has beentaken as a result of an absolute increase inimports and that such a measure conforms to the
provisions of this Agreement.
ARTICLE 9
Developing Country Members
1. Safeguard measures shall not be applied
against a product originating in a developingcountry Member as long as its share of importsof the product concerned in the importing
Member does not exceed 3%, provided that
developing country Members with less than 3%import share collectively account for not morethan 9% of total imports of the productconcerned.
2
                                                     
     2A Member shall immediately notify an action taken under paragraph 1 of Article 9 to the Committee
on Safeguards.WT/ACC/JOR/18
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Provisions Agreement On Safeguards Provisions of The National Production Protection Draft
Law No. ( ) for the Year 1998
2. A developing country Member shall havethe right to extend the period of application of asafeguard measure for a period of up to twoyears beyond the maximum period provided for
in paragraph 3 of Article 7.  Notwithstanding the
provisions of paragraph 5 of Article 7, adeveloping  country Member shall have the rightto apply a safeguard measure again to the importof a product which has been subject to such ameasure, taken after the date of entry into force
of the WTO Agreement, after a period of time
equal to half that during which such a measurehas been previously applied, provided that theperiod of non-application is at least two years.See Article (8)(c) above.
ARTICLE 10
Pre-existing Article XIX MeasuresArticle (17): The provisions of any law, which are in
conflict with this law, shall not be applied.
Members shall terminate all safeguard measures
taken pursuant to Article XIX of GATT 1947that were in existence on the date of entry into
force of the WTO Agreement not later than eight
years after the date on which they were firstapplied or five years after the date of entry intoforce of the WTO Agreement, whichever comeslater.
ARTICLE 11
Prohibition and Elimination of Certain MeasuresTo the extent possible see Article (18)
1(a) A Member shall not take or seek any
emergency action on imports of particularproducts as set forth in Article XIX ofGATT 1994 unless such action conformswith the provisions of that Article appliedin accordance with this Agreement.
(b) Furthermore, a Member shall not seek,
take or maintain any voluntary exportrestraints, orderly marketing arrangements
or any other similar measures on the export
or the import side.
3,4  These include actions
taken by a single Member as well asactions under agreements, arrangementsand understandings entered into by two ormore Members.  Any such measure in
effect on the date of entry into force of the
WTO Agreement shall be brought intoconformity with this Agreement or phasedout in accordance with paragraph 2.
                                                     
     3An import quota applied as a safeguard measure in conformity with the relevant provisions of GATT
1994 and this Agreement may, by mutual agreement, be administered by the exporting Member.
     4Examples of similar measures include export moderation, export-price or import-price monitoring
systems, export or import surveillance, compulsory import cartels and discretionary export or import licensing
schemes, any of which afford protection.WT/ACC/JOR/18
Page 42
Provisions Agreement On Safeguards Provisions of The National Production Protection Draft
Law No. ( ) for the Year 1998
(c) This Agreement does not apply to
measures sought, taken or maintainedby a Member pursuant to provisions ofGATT 1994 other than Article XIX,
and Multilateral Trade Agreements in
Annex 1A other than this Agreement,or pursuant to protocols and agreementsor arrangements concluded within theframework of GATT 1994.
2. The phasing out of measures referred to
in paragraph 1(b) shall be carried out according
to  timetables to be presented to the Committeeon Safeguards by the Members concerned notlater than 180 days after the date of entry intoforce of the WTO Agreement.  These timetables
shall provide for all measures referred to in
paragraph 1 to be phased out or brought intoconformity with this Agreement within a periodnot exceeding four years after the date of entryinto force of the WTO Agreement, subject to notmore than one specific measure per importing
Member
5, the duration of which shall not extend
beyond 31 December 1999.  Any such exceptionmust be mutually agreed between the Membersdirectly concerned and notified to the Committeeon Safeguards for its review and acceptancewithin 90 days of the entry into force of the
WTO Agreement.  The Annex to this Agreement
indicates a measure which has been agreed asfalling under this exception.
3. Members shall not encourage or
support the adoption or maintenance by public
and private enterprises of non-governmentalmeasures equivalent to those referred to inparagraph 1.
Question 87.
We note in the response to Question 141 of document WT/ACC/JOR/13 that Jordan hopes that
WTO-consistent anti-dumping, countervailing and safeguard legislation will be passed byParliament by the time Jordan accedes to the WT O.  We are concerned, however, that Jordan's
Safeguard Law may not fully reflect WTO provisions concerning safeguards, anti-dumping, and
countervailing duties.  We seek a commitment from Jordan that it will not apply any such
measures until WTO-consistent legislation is in place.  If Jordan is unable to complete the
implementation of WTO-consistent legislation by the date of accession, does the Government of
Jordan commit to refrain from imposing any anti-dumping, countervailing or safeguard
measures until WTO-consistent legislation has been enacted and properly notified to the
appropriate WTO Committees?
                                                     
     5The only such exception to which the European Communities is entitled is indicated in the Annex to
this Agreement.WT/ACC/JOR/18
Page 43
Answer:
The National Production Protection Law No 4 of 1998 (Safeguard Law) was passed and it
was published in the Official Gazette and forwarded to the WTO Secretariat on 28 November 1998.
Regulations are being drafted to implement the Agreement on Subsidies and Countervailing Measures
and the Agreement on Implementation of Article VI of the GATT 1994 (Anti-Dumping).
2. Export Regulation
(d) Export licensing procedures
Question 88.We are pleased to note in the response to Question 144 of document WT/ACC/JOR/13, that
Jordan is phasing out prior approvals for the exportation of several products, including wheat,
wheat flour and other wheat products, sugar, rice, halibuna (milk) and milk for industrial use;
ewes and cows; marble slabs, broken marble and mineral ores and fresh fruits and vegetables
destined for protocol countries.  Please provid e a time table for the elimination of the prior
approval requirement for the exportation of these items.
Answer:
This matter is currently before the Cabinet of Ministers.  A report will be provided during the
next Working Party meeting.
(e) Other measures
Question 89.
It is clear from the response to Question 55 of document WT/ACC/JOR/13 that the fee on
exports of scrap iron is an export duty, and not a fee for services.  It is clear from the response
to Question 56 that the "valuation fee" is re lated to the value of the export and not to any
specific service provided.  We expect Jordan to acknowledge this, and other similar export
"fees" and notify them as export taxes or tariffs.
Answer:
An export fee of Jordan Dinars 25 per ton is applied on iron, brass, and aluminium scraps and
remains.  This fee is an export charge collected by the Customs Authority toward the national budget.
Although referred to in Instruction No. 1 of 1997 as an  export fee, it may also be considered an export
duty.
Please see the reply to Question 90 below.
Question 90.
Please list all current export charges, whether called fees, taxes, or tariffs.
Answer:
The current export charges in Jordan are the following:
1. Export licence fee:  Jordan Dinars 2 for stamps (export licences are only required to
export to Syria and Iraq) collected by the Ministry of Industry and Trade.WT/ACC/JOR/18
Page 44
2. Export fee of Jordan Dinars 25/ton on the export of iron, brass and aluminium scraps and
remains.  This fee is collected by the Customs Authority.
3. Export fee on mining and quarry products:
Good Fee
Crushed stones 0.2 JD/ton.
Building stones 0.3 JD/ton.
Marble and granite 1 JD/ton.
Travertine and marble crushes 0.5 JD/ton.
Crude xyolite 1 JD/ton.
Clay, clay derivatives and kaolin 0.5 JD/ton.
Tripine biototite and diatomite 0.3 JD/ton.
Silicate, gypsum, pure limestone, feldspar, volcanic turf and bituminous
mineral oil0.2 JD/ton.
Dolomite and basalt 0.1 JD/ton.
These mining fees are collected by the Natural Resources Authority.
4. Export fees on agricultural products collected by the Ministry of Agriculture (US$1 =
708 Fils):
Type of Fee Amount
1. Fumigation of consignments 250f/ton
2. Inspection and checking 250f/ton
3. Inspection of live animals:
Bovines, camels and pigs 50 f/head
Horses 50 f/head
Sheep, goats and deer 20 f/head
Cats, dogs and wild animals 100 f/head
Birds 20 f/bird
4. Animal interdiction fees/quarantine
Bovines, camels and pigs 80 f/head
Horses 90 f/head
Sheep, goats and deer 20 f/head
Cats, dogs and wild animals 100 f/head
Birds 20 f/bird
5. Animal watering
Camels, horses, bovines and big animals 10 f/head/day
Sheep, goats and small animals 5 f/head/day
6. Disinfection fees:
Ships transport 1-100 head 2 JDs
Ships transport 1000 tons. 3 JDs
Ships transport 4000 tons. 5 JDs
Ships transport more than that 7 JDs
Any other vehicles 0.5 JD each
5. Re-export fees for services rendered collected by the Customs Authority:
- inspection fees: 2 per cent of declared value;
- customs overtime fees: 0.2 per cent of declared value.WT/ACC/JOR/18
Page 45
6. Fees charged by Jordan Export Development Corporation for services provided to
exporters.
(f) Export financing, subsidy and promotion policies
Question 91.According to the response to Question 20 of document WT/ACC/JOR/13, the profits of export
income of manufactured products to non-protocol countries are exempt from income tax.  Is
this tax exemption the same as that describe d in the response to Question 21 of the same
document, which is provided pursuant to the Income Tax Law No. 57 of 1985 and its
amendment, Article 3/C?   Is the determinat ion of this income tax exemption left to the
discretion of the Minister of Finance and the Council of Ministers?
Answer:
Article 7 of the Income Tax Law No. 57 of 1985 exempts from income tax all income
generated from agriculture.
The tax exemption described in the reply to Question 20 of WT/ACC/JOR/13 is based on the
tax exemption stipulated in Article 3/C of the Income Tax Law No. 57 of 1985:
- Article 3/C of the Income Tax Law No. 57 of 1985 authorises the Council of Ministers, per
recommendation of the Minister of Finance, to exempt the profits of exports from income tax
wholly and partially.
- The Council of Ministers issued Decision No. 3394 in 1994 exempting from income tax
profits of income generated from export of all products (including manufactured goods exceptphosphate and potash) to non-protocol countries.
Non-protocol countries are all countries except Israel, Lebanon, the Palestinian national
Authority and Saudi Arabia.
The determination of this income tax exemption is  not left to the discretion of the Minister of
Finance and the Council of Ministers.  It is pursuant to governmental economic policies (e.g.encouraging export to non-Arab countries – most Arab countries were protocol countries then—after
the Gulf war).  In order to obtain such exemptions, businesses must provide to the Income Tax
Department official documents (e.g. customs de claration) demonstrating income from exports.
Question 92.
Please identify the industrial products to which income tax exemption applies, the non-protocol
countries, and the criteria for determining whether the export income of manufactured
products is exempt from income tax.
Answer:
The income tax exemption applies to all industrial products except phosphate and potash.
Protocol countries are all countries except Israel, Lebanon, the Palestine National Authority, and
Saudi Arabia.
In order to obtain such exemptions, businesses must provide to the Income Tax Departments
official documents (e.g. customs declarat ion) demonstrating income from exports.WT/ACC/JOR/18
Page 46
Question 93.
According to the response to Question 21 of document WT/ACC/JOR/13, the Higher Council
for Investment has approved recently the establishment of Jordanian Export Companies
specialised in exporting national products and goods.  These companies which will be exempt
from paying income tax were recommended for the Cabinet’s endorsement and are stillawaiting the decision.  Please describe in more detail this export incentive scheme.  What
companies are eligible to be Jordanian Export  Companies?   What criteria are applied in
determining whether the companies are eligible , or retain eligibility, for the income tax
exemption.
Answer:
A Cabinet of Ministers Decision No 12/11/4 dated 30 December 1997 was adopted in this
regard.  All companies registered according to the Jordanian Company Law and specialised in
"external marketing, advertising and exporting local products" with a minimum paid capital of (Jordan
Dinars 2,000,000) are eligible to be Jordanian Export Companies.  The functions of these companies
should be limited to the export, marketing, and promotion of Jordanian products abroad.  Thesecompanies must also buy the local product from the local producer and can not act as a paid agent
only.
Question 94.
According to the response to Question 21 of  document WT/ACC/JOR/13, trade protocols with
other countries usually determine special provisions relating to exporting products and goods.
Please identify the trade protocols and describe the special export provisions.
Answer:
Trade Protocols are defined as the implementing agreements of bilateral treaties that provide
for specific treatment of specific goods.  Annex 7 of the WT/ACC/JOR/3 provides a list of bilateral
agreements between Jordan and other countries.  Trade Protocols currently exist with the following
counties: Israel, Lebanon, Palestinian National Authority (PNA), and Saudi Arabia.  Please refer to
the answer to Question 283 of WT/ACC/JOR13 for export provisions in  protocols with Israel, PNA,
and Saudi Arabia.  As for Lebanon, duty exemptions are provided for live animals, natural resources,fruits and vegetables in accordance with an agricultural calendar, and any manufactured products of
Lebanese origin (40 per cent added value).
Question 95.
We have made note of the response in Question 145 of document WT/ACC/JOR/13 regarding
the application of the export subsidies only to non-Arab countries.  What steps are being
undertaken to bring Jordan’s export subsidy reg ime into conformity with WTO most-favoured
nation obligations?
Answer:
Jordan intends to conform to the WTO MFN requirements.  Jordan is currently evaluating the
application of export subsidies to non-protocol countries in order to determine proper mechanisms for
conforming to the WTO MFN requirements.
Question 96.
We appreciate Jordan's statement in response to Questions 146 and 147 in document
WT/ACC/JOR713 that it recognises that it has measures in place that violate the WTOWT/ACC/JOR/18
Page 47
Agreement on Subsidies and Countervailing Measures, and that it intends to phase out such
practices.  Please list all such measures, with legal citations, and indicate the timeframe in which
they will be eliminated.  Please indicate if there will be any residual legal rights to such
incentives even after the laws authorising them are repealed.
Answer:
Jordan will provide before the next Working Party meeting a report on its current measures
(prohibited subsidies) which violate the WTO Agreement on Subsidies and Countervailing Measures.
Jordan plans to seek transition for phasing out prohibited subsidies under Article 27 of the Agreement
on Subsidies and Countervailing Measures.  However, prohibited incentives, provided prior to
repealing the laws authorising them, will remain valid for the duration agreed upon when they were
granted.
3. Internal Policies Affecting Foreign Trade in Goods
(b) Technical regulations and standards
Question 97.We appreciate the information on its standards a pplications to imports provided in response to
Question 154 in document  WT/ACC/JOR713.  What additional legislation or regulations does
Jordan believe will be necessary to implement the Agreement on Technical Barriers to Trade?
How long should all this take?
Answer:
Jordan is currently in the process of reviewing its current legal regime for conformity with the
TBT Agreement and will provide a report regarding this matter during the next Working Partymeeting.
Question 98.
Could Jordan provide more details on the implementation schedule of the plan to develop
inspection services mentioned in its answer.
Answer:
Currently, green channel inspection services are being applied to imported and exported
goods.  Feasibility study is being prepared for the implementation of x-ray inspection services on
large scale on all borders crossing points to facilitate the inspection of lorries, trucks and tankers.
With regard to pre shipment inspection the competent authority recently issued a qualification
tender for international pre-shipment inspection co mpanies to carry out the pre-shipment inspection
activities.  The company will provide its services to Jordanian importers upon their request, and the
importer will pay for the services rendered by the company.  This activity is only applicable on theFCL kind.
Question 99.
Where Jordanian standards fail to exist, or imported products are manifestly conform to
accepted international (and/or EN) standards, is  any automatic recognition procedures allowed
for, equally covering acceptance of relevant co nformity assessment instruments (tests and
certificates)?WT/ACC/JOR/18
Page 48
Answer:
All products except medicines and medical equipment:
Samples of imported products for which there is a Jordanian standard are subject to
verification through laboratory testing in Jordan.  Testing is conducted by any of the laboratories
accredited by JISM, per request of JISM.  No certificate of conformity to standards is required.
Simply, the approval ("equivalent to certification") by JISM, based on the results of laboratory testing,
is required to ensure conformity with applicable standards.
If Jordanian Standards do not exist for products, no verification procedures are applied on
imported goods.  In cases where Jordan has a standard for imported product that is different from
International or EN standard, JISM amends Jordanian Standards to conform to international or ENstandards.  Jordan is constantly working on harmonising its standards with international standards.
Medicines and medical equipment
There are no standards for medicines or medical equipment.When importing medical equipment, the importer must simply show document(s) indicating
circulation of the imported medical equipment in the country of origin.
In order to import medicines, the importer must register the imported medicine at the Ministry
of Health (MOH).  Documents that must be submitted to the MOH for the purpose of registration
include:  (i) full information about the medicine and the manufacturer;  and (ii) proof of circulation of
medicine in the country of origin.
There are no Jordanian standards with respect to medicines.  Medicines are registered at the
MOH according to manufacturer's specification and/or international standards (e.g. USP, BP, EP,
etc.).
At the time of importation, imported medicine is subject to laboratory analysis by the MOH to
ensure conformity to the information provided at the time of registration.
No certification required for the import of medicine of medical equipment.
Question 100.
Jordan does not explain what criteria is used in granting certification.  Could Jordan please
supply more details?
Answer:
Please see the reply to Question 34 above.
Question 101.
In part (b)(iv) of their answer to this question Jordan said that all goods must conform with
“Jordanian mandatory standards except in certain cases, and for specific reasons”.  Under what
circumstances would a product not have to comply with these standards?WT/ACC/JOR/18
Page 49
Answer:
Imported products may not have to comply with the Jordanian mandatory standards under
certain circumstances; when the imported product has a minor non-conformity in the product that will
not affect the performance, safety and health of the user, or the environment.
(c) Sanitary and phytosanitary measures
Question 102.Please outline Jordan's shelf-life requirements and how they are applied to imports and to
domestic goods.
Answer:
There are two Jordanian standards for shelf-life requirements of foodstuff:
- Jordan Standard 288:  1994 on Shelf Life for Foodstuff issued and administered by the Jordan
Institution for Standards and Metrology;
- Jordan Standard 401:  1997 on Shelf Life for Infant and Children's Foodstuff issued and
administered by the Jordan Institution for Standards and Metrology.
These two standards are currently being translated into English and will be submitted to the
WTO Secretariat in March 1999.  These two standards outline Jordan's shelf-life requirements.
These standards were prepared by specialised technical committees taking into consideration
the climate and storage conditions in Jordan.  Shelf life requirements for foodstuff apply equally on
both imported and domestic goods.
As for medicine, shelf-life is assessed by the Ministry of Health on a case-by-case basis for
each product.  The shelf-life is determined based on assessment by the Ministry of Health of the
stability study provided by the manufacturer.
Question 103.
Does Jordan require additional legislation to implement the WTO Agreement on Sanitary and
Phytosanitary provisions?  Is there a functioning enquiry point?
Answer:
Jordan is currently in the process of reviewing its current legal regime for conformity with the
SPS Agreement and will provide a report regarding this matter during the next Working Party
meeting.
Question 104.
We welcome the commitment provided in the response to Question 151 of document
WT/ACC/JOR/13 that Jordan is committed to the implementation of WTO TBT and SPS
Agreements.  However, we note that the Government of Jordan believes it will need time to
bring its measures into conformity with the TBT and SPS Agreements through changing theSPS legislation and increasing the efficiency of existing laboratories.  For each of the items
detailed in the response to Question 154 of document WT/ACC/JOR/13 as being currently
deficient, please describe the steps that are be ing taken and the expected time table for bring
them into conformity with the WTO TBT and SPS Agreements.WT/ACC/JOR/18
Page 50
Answer:
Please see the replies to Questions 97 and 103 above.
(d) Trade-related investment measures
Question 105.
Please confirm that Jordan will be able to implement the WTO TRIMs Agreement as of the
date of WTO accession and that currently has no measures in place that violate that Agreement.
Answer:
Jordan will be able to implement the WTO TRIMs Agreement as of the date of WTO
accession.  Jordan does not currently have any measures that violate TRIMs agreement.
(e) State-trading practices
Question 106.
According to the response to Question 100 of document WT/ACC/JOR/8, the Agricultural
Marketing Organisation (AMO) regulates the import and export of agricultural products from
and to Arab countries with whom Jordan has bilateral trade agreements or trade protocols,according to a yearly plan and quarterly age nda.  However, according to the response to
Questions 174 and 175 of document WT/ACC/JOR/13, AMO is not engaged in the commercial
activities of importing, exporting, selling or distributing goods.  Please describe how the AMO
regulates the import and export of agricultural products.
Answer:
The Agricultural Marketing Organisation (AMO) has never been involved in any commercial
activity of importing, exporting, selling or distributing of any goods. Also, AMO has never been
involved in any trade operation on behalf of the Jordanian Government.
Moreover, the importation and exportation of fresh fruits and vegetables from and to Jordan
are subjects to the following;
1. In principle imports of fresh fruits and vegetables are allowed year round from all countries
without any restrictions and subject to a pre-set custom duty.
2. Imports from member countries of the Arab Free Trade Area (AFTA) are subject to an Arab
Calendars set by AFTA that allows members countries to charge the full customs tariff on their
imports of fresh produce from the member countries if they take place during the time periods agreed
upon in the above mentioned calendars.
3. Imports from some Arab countries whom Jordan has bilateral trade agreements are subject to
the terms and conditions of the signed agreements and their attached calendars which enables the
imports to enjoy a full exemption of the custom duties if they  take place during the periods set in the
calendars.
4. AMO role in this regard, is to manage this process through issuing recommendations to the
customs department on whether to exempt or not the imports from the customs duties in compliance
with each of the above mentioned agreements, a nd to monitor the quality of the imports and make
sure that they complies with the Jordanian quality of  the imports and to make sure that they complies
with the Jordanian quality standards.WT/ACC/JOR/18
Page 51
Moreover, AMO other responsibilities are the following:
- conducting market studies on both local and international markets;
- assists and organise the private sector participation in international trade fairs and exhibitions;
- introduce new high value horticultural products;- publishing guides books, brochures, newsletters on the production, marketing, handling,
backing and exportation of horticultural products;
- monitoring and controlling the quality fresh produce in the local markets and for both the
imports and exports of such products;
- AMO carries a complete data base of the local and international prices, production, imports
and exports of fresh horticultural products.
Question 107.
Please indicate how the AMO can regulate trade in certain commodities with Arab countries
and not "engage in commercial activities of importing, exporting ...", or operate in trade on
behalf of the Government of Jordan.
Answer:
Please see the reply to Question 106 above.
Question 108.
According to the response to Question 178 of  document WT/ACC/JOR/13, private enterprises
are allowed to compete with the Ministry of Supply in the importation and exportation of
wheat, barley, corn, sugar, rice, one brand of mi lk (Halibuna) and cigarettes.  There also are no
price or quantity limitations imposed on imports by the private sector of these products.
However, we note in the response to Question  64, of the same document, that prior approvals
are required for these products.  Are private importers permitted to import Halibuna milk?  If
not, why not?  Given that there are no price or quantity restrictions imposed on these products,
please describe the circumstances in which the Government of Jordan has refused to provide
the prior approval necessary to import these products?
Answer:
The Ministry of Supply is no longer engaged in the importation of Halibuna milk (powdered
milk imported and packaged under the name Halibuna).  The right to use this local brand name was
sold to a private person.  Please note that any other private person may import powdered milk intoJordan.  However, no other person can import powdered milk and package it under the name
Halibuna.
There has not been any case where the Government of Jordan has refused to provide the prior
approval necessary to import the products referred to in this question.
Question 109.
As noted in Question 179 of document WT/ACC/JOR/13 and in the response to Question 63 of
WT/ACC/JOR/13, it appears that some private ent erprises have exclusive or special rights to
import and export several important products, including phosphates, petroleum, cement,
fertilisers, potash, leather and vegetable oils.  Please describe the special or exclusive privileges
relating to importation and exportation for each of the following enterprises in the form of a
response to the Questionnaire on State tradin g: Jordan Tanning Company, Jordan Petroleum
Refinery Company, Jordan Cement Factories Company, Jordan Phosphates Mining Company,WT/ACC/JOR/18
Page 52
Fertilisers Company, Arab Potash Company a nd the Arab Company for Manufacturing White
Cement.
Answer:
Jordan is currently in the process of analysing these companies to identify those which fall
under the definition of State trading. Annex 6 of WT/ACC/1:  (i) will be prepared for all companies
that will be identified as State trading compan ies according to the definition provided under the
Understanding of the Interpretation of Article XVII of the GATT 1994;  and (ii) will be submitted to
the WTO Secretariat no later than the end of June 1999.
Question 110.
The responses to Questions 35, 36, and 42 in document WT/ACC/JOR/13 indicate that
Jordanian Government-owned firms receive tariff exemptions that may not be enjoyed by all
firms.  This would also appear to constitute a special trading benefit.  Could Jordan please list
these firms and provide information on these firms in the form of an additional response to the
State trading questionnaire contained in WT/ACC/1?  Please confirm that Jordan is preparedto notify these firms as State trading enterprises within the meaning of Article XVII of the
GATT and the Understanding, and to observe the provisions of the WTO, including
Article XVII of the GATT in their operation.
Answer:
The fact that these firms receive tariff exemptions does not qualify them to be State trading
companies.  Jordan, however, is in the process of evaluating whether or not these companies are State
trading companies according to the definition provided under the Understanding of the Interpretation
of Article XVII of the GATT 1994.  Jordan will fill in the State trading questionnaire contained inWT/ACC/1 for those companies identified as State trading companies and will submit it to the WTO
Secretariat no later than the end of June 1999.
Jordan is prepared to notify firms identified  as trading enterprises within the meaning of
Article XVII of the GATT and the Understanding , and to observe the provisions of the WTO,
including Article XVII of the GATT in their operation.
(l) Government procurement practices
Question 111.We are disappointed that Jordan has not yet indicated that it intends to join the Agreement on
Government Procurement (GPA) in the context of its accession to the WTO.  We strongly urge
all acceding countries to join the WTO GPA.  Jordan should reconsider its decision and commit
to acceding to the GPA prior to WTO accession .  The WTO GPA works to assure that countries
bidding on government procurement projects in foreign countries will have a transparent and
open process with recourse to unbiased dispute settlement procedures.  Greater transparency
and rule of law reinforce good government and economic efficiency.
Answer:
Jordan will consider joining the WTO Governme nt Procurement Agreement and will initiate
negotiations for accession to the WTO Agreement on Government Procurement after joining the
WTO.WT/ACC/JOR/18
Page 53
Question 112.
We would appreciate a statement from Jordan addressing our request at the last Working
Party meeting that Jordan commit to initiate negotiations for accession to the WTO Agreement
on Government Procurement when it joins the WTO.
Answer:
Please see the reply to Question 111 above.
4. Policies Affecting Foreign Trade in Agricultural Products
Question 113.According to the response to Question 214 of document WT/ACC/JOR/13, Jordan plans to
stimulate agricultural growth and improve resource management by “directing and
encouraging the farmers toward growing agricultur al products that have high economic value”.
What policy instruments is the Government of Jordan using to direct and encourage the
farmers to grow high value agricultural products?  Are any subsidy or support programmes to
be used to accomplish this objective?  If yes, please revise document WT/ACC/SPEC/JOR/2 to
include this information.
Answer:
Several indirect means will be used to encourage farmers to grow agricultural products that
have high economic value.  First, the Ministry has identified high value agricultural products that are
suitable to Jordan's climatic and agronomic conditions but are not yet commonly produced here.
These products are being suggested to producers as alternatives to current crops by the extension andadvisory personnel of the Ministry of Agriculture.  In addition, the Agricultural Marketing
Organisation is featuring these products at interna tional trade fairs and experimenting with shipments
of such products to potential export markets.  Other than these "Green box" policies, there are no
producer subsidy or support programmes being used to encourage farmers to grow these products
Question 114.
According to the response to Question 215 of  document WT/ACC/JOR/13, the Government is
encouraging farmers to raise Shami goats and Awasi sheep, by offering farmers agricultural
loans.  Are these loans being provided pursuant to commercial terms and conditions?  If not,
please describe how they differ from commercial loans.
Answer:
The agricultural loans for raising Shami goats and Awasi sheep are administered by the
Agricultural Credit Corporation (ACC).  Like all loans to agricultural producers by the ACC, loans to
purchase Shami goats and Awasi sheep are available at below-market interest rates.  Note that theselaws are typically given to the most resource poor producers and therefore any credit subsidy under
this and similar programmes are exempt from reduction commitments (per the Agreement on
Agriculture) as "input subsidies available to low-income or resource-poor producers".
(b)(e) Exports and internal policies
Question 115.We appreciate the hard work Jordan put into its first submission on domestic support and
export subsidies.  These tables are difficult for all countries to prepare, and it is evident thatWT/ACC/JOR/18
Page 54
your officials worked very hard to put toge ther a comprehensive document.  We note that
Jordan did not use export subsidies during the base period of 1994-96, and we hope that Jordan
will commit not to introduce export subsidies in the future.
Answer:
Jordan does not have any programmes providing export subsidies on agricultural commodities
as stipulated in the Agreement on Agriculture.  Therefore, Jordan has no reduction commitments with
respect to export subsidies and does not expect to have such in the future.
Question 116.
We offer the following technical comments on Jordan’s domestic support submission, document
WT/ACC/SPEC/JOR/2, beginning with a few general remarks: In each Supporting Table,
please provide data for each year of the ba se period (1994, 1995, and 1996).  The totals should
be averaged for each measure and for the tota l of all expenditures listed in these tables.
Answer:
Please see revised WT/ACC/4 table dated March 1999.
Question 117.
We seek clarification from Jordan that it plans to use 1994-96 as a base period for its domestic
support and export subsidy submission.  If this is  the case, these 3 years should be the only years
presented in each of the tables (e.g., historic al and future years should not be included).
Answer:
Please see revised WT/ACC/4 table dated March 1999.
Question 118.
We also seek confirmation that Jordan intends to bind its AMS commitment in Jordanian
Dinars.  We appreciate the inclusion of the Jordan Dinar-United States' Dollar exchange ratefor reference (and it should remain in the tables), but we do expect Jordan to bind its AMS in its
local currency, the Dinar.
Answer:
Jordan intends to bind its AMS commitment as percentage of production.
Agriculture - additional points
Question 119.Much of the additional information requested in our specific comments is contained in Jordan's
excellent summary of its agriculture sector and policies (document WT/ACC/JOR/14), so it
should be relatively easy to transfer the information to the Supporting Tables (either directly
next to the measure, or in the explanatory note s).  If Jordan requires additional assistance with
the technical aspects of preparing these tables , we suggest that they consult with the WTO
Secretariat.WT/ACC/JOR/18
Page 55
Answer:
Please see the responses to specific comments and questions below.
Supporting Table DS:1:  Measures exempt from the reduction commitment-"Green Box"
Question 120.
Please provide the name of each measure, along with a description of the measure and reference
to the criteria for which exemption is claimed under Annex 2.
For example: what kinds of programmes are included under "marketing and promotion", and
how do these programmes meet the criteria of paragraph 2(f) of  Annex 2.  This informationshould be included for each measure listed.
Answer:
Please see Supporting Table DS:1 in the revised WT/ACC/4 dated March 1999 for a detailed
listing and description of “Green Box” programmes and expenditures.
Question 121.
Are purchases for domestic food aid made at market prices, as stipulated in paragraph 4,
Annex 2?  According to WT/ACC/JOR/14, purchases are also made to maintain a strategic food
reserve (page 11), yet there are no expenditures listed for "public stockholding for food security
purposes" in Supporting Table DS:1.  Could you clarify these programmes?
Answer:
(a) During the 1994-96 base period, wheat for domestic food aid was either imported at world
market prices or purchased from farmers at announced prices that were world market prices (see
Table DS:5 in revised WT/ACC/4 dated March 1999).  Government procurement of other essential
domestic food aid commodities—rice, powdered milk, and sugar—were through imports as Jordan
does not produce any of these commodities.  Therefore, purchases for domestic food aid were made at
market prices during the reporting period.
(b) During the 1994-96 base period, there were no expenditures explicitly for the purpose of
“public stockholding for food security”.  Food security stockpiling was a by-product of the domestic
food aid programme (whereby the Government imported essential commodities) and government
procurement activities that were aimed at supporting producers of wheat, barley, lentils, andchickpeas.  Total expenditures on the latter are reported in Supporting Table DS:5.
Note that in the last paragraph in the co nsumer policies section of WT/ACC/JOR/14, it is
stated that (bold text added):
“… at this time, Jordan is in the very early stages of a completely free consumer market.  The
Government is closely monitoring the private sector’s performance in making essential foods
available to consumers.  Over the next several years the government may maintain a strategic
reserve of essential food items to counter disasters and other uncertainties.  Wheat stocks
during this transition phase are targeted at 3-4 months of consumption and stocks of otheressentials such as fodder, rice, and sugar, are also targeted at about that quantity”.
Therefore, if the Government decides to stockpile commodities for food security purposes,
such expenditures will begin in 1998 and will be reported under the WTO notification and reporting
requirements for that and subsequent years.WT/ACC/JOR/18
Page 56
Supporting Table DS:2:  Measures exempt from the reduction commitment-SDT
Question 122.Please provide more information on the measure “interest rate subsidy on exempt
developmental loans made by the ACC to agricultural producers”, including details on how this
interest rate subsidy was calculated.
Answer:
Please see Supporting Table DS:2 and Documentation for Supporting Table DS:2 in the
revised WT/ACC/4 dated March 1999 for a complete description of developmental loans and thederivation of the interest rate subsidy.
Note that an error was discovered in the formul a used to derive the original estimate of the
interest rate subsidy on developmental loans.  The original estimate of Jordan Dinars 716,734 erred in
two ways.  First, it included “input subsidies available to low-income or resource-poor producers”which has now been reported separately in Supporting Table DS:2 and documented as noted above.
Second, the interest subsidies for the second and subsequent years of loans were inadvertently
omitted.  When the life of the loan is correctly fa ctored into the investment subsidy calculation, the
revised value of the subsidy is Jordan Dinars 2.955 million.
Question 123.
In WT/ACC/JOR/14, in the section on credit policies, there are useful descriptions of the kinds
of concessional credit provided to agricultural producers.  However, it is not immediately
apparent which types of credit (beyond the very general description of “developmental loans”
are included in this category (DS:2) and which are included in the non-product-specific AMS
(DS:9).
Answer:
Please see Supporting Table DS:2 and "Documentation for Supporting Table DS:2" in the
revised WT/ACC/4 dated March 1999 for a complete description of developmental loans.  Also see"Documentation for Supporting Table DS:9—Comput ation details for non-product-specific AMS" for
what is included in the non-product-specific credit subsidy.
Supporting table DS:4: Calculation of the Total Aggregate Measurement of Support
Question 124.
It would be easier to read Supporting Table DS:4 if support that falls under the de minimis
exclusion was entered as "0" in the first table.  For example, instead of adding all of the AMSs
together, and then subtracting the de minimis  support in a second table, it would be easier to
simply enter a "0" in the first table.  The s econd table can be used to demonstrate that the
support falls under the de minimis  level and is therefore not required to be included in the total
AMS.
Answer:
See Supporting Table DS:4 in the revised WT/ACC/4 dated March 1999.WT/ACC/JOR/18
Page 57
Supporting Table DS:5:  Product-Specific Aggregate Measurement of Support:  Market Price
Support
Question 125.Is all production eligible for the administered price, or does the MOS set quantities for purchase
at the same time it sets the minimum and maximum purchase price?  If MOS does not set a
quantity to be purchased at the applied admini stered price, then total production should be
considered eligible for the price, even if  a lesser amount is actually purchased.
Answer:
In theory, all production is eligible for the admi nistered price.  However, recall that many of
Jordan’s field crop producers are subsistence farmers (i.e., they produce only for family and farm
consumption) and therefore their production would never be offered to the government for purchase.
In addition, the minimum and maximum procurement prices are set for different qualities of the
commodity.  If a commodity does not meet the minimum requirements (in terms of protein content,
moisture allowance, and such), the government will not purchase the commodity.  The Governmenttherefore does not expect to purchase all production.  Based on these considerations and on our
understanding that the purpose of the AMS is to measure the level of support actually provided to
producers, we believe that the amount actually procured should be used in computing the market price
support AMS.
Note that if total production is used as the "eligible quantity" in the market price support
AMS, the values of the AMS during the 1994-96 base period, compared to the original estimate, are:
Commodity Alternative estimate of market support Original market support
AMS Share of value of
productionAMS Share of value of
production
(JD) (%) (JD) (%)
Wheat 107,488 1.3 60,617 0.7
Barley 834,798 22.1 503,699 13.3
Lentils 26,885 4.1 5,769 0.9
Chickpeas 40,632 8.2 56,184 11.3
Question 126.
The applied administered price should ideally be  the price that was announced (or set) by MOS
at the beginning of the marketing year.
Answer:
If the purpose of the market support AMS is to measure producers’ expectations of support,
then one may want to use the announced price to represent the "applied administered price".  Even
then, not all producers receive the maximum, minimum, or even average of the announced prices.  In
such a case, the best representation of a producer's expectation of the support price would be the
announced price adjusted by any quality discounts the producer received in previous years.  We
believe this is best reflected by the actual weighted average price received by farmers.  In addition, webelieve that the term “applied” suggests that one would use the actual (i.e., applied) price instead of an
announced price.  Therefore, we believe our use of the weighted average price actually received by
farmers is correct.WT/ACC/JOR/18
Page 58
Note that if the simple average of the minimum and maximum procurement prices is used to
compute market price support AMS, the values of the AMS during the 1994-96 base period,
compared to the original estimate (using  the quantity actually procured), are:
Commodity Alternative estimates of market support Original market support
AMS Share of value of
productionAMS Share of value of
production
(JD) (%) (JD) (%)
Wheat 125,712 1.6 60,617 0.7
Barley 432.788 11.4 503,699 13.3
Lentils 12,316 1.9 5,769 0.9
Chickpeas 82,901 16.7 56,184 11.3
Further note that combining the changes suggested in Questions 125 and 126 above results in the
following revision to the AMS values for market support operations:
Commodity Alternative estimates of market support Original market support
AMS Share of value of
productionAMS Share of value of
production
(JD) (%) (JD) (%)
Wheat 182,303 2.3 60,617 0.7
Barley 706,918 18.7 503,699 13.3
Lentils 35,206 5.4 5,769 0.9
Chickpeas 90,433 18.2 56,184 11.3
The total AMS for Jordan with these changes, after de minimis  exclusions, rises to Jordan
Dinars 825,779 (or 0.2 per cent of the value of all agricultural production) compared to the original
estimate of Jordan Dinars 588,312 (or 0.1 per cent of the value of all agricultural production).
Supporting Table DS:7: Product-Specific Aggregate Measurements of Support: Other Product-
Specific Support and Total Product-Specific AMS
Question 127.
Please revise this table using the format given on page 13 of WT/ACC/4.  For example, the table
should be entitled "Product-Specific Aggregat e Measurements of  Support", not Equivalent
Measurements of Support.
Answer:
Please see Supporting Table DS:7 in the revised WT/ACC/4 dated March 1999.
Question 128.
It would be easier to read this table if all calculation details were included in a separate table
(for example, in the explanatory notes), and to keep the column headings  consistent with the
format given on page 13 of WT/ACC/4.
Answer:
Please see Supporting Table DS:7 in the revised WT/ACC/4 dated March 1999.  For
calculation details, please see "Documentation for S upport Table DS:7 - Computation details for seedWT/ACC/JOR/18
Page 59
subsidy for wheat, barley, lentils and chickpeas " and "Documentation for Supporting Table DS:7 -
Computation details for livestock feed subsidy" in the revised WT/ACC/4 dated March 1999.
Question 129.
Please provide greater calculation details on how the livestock feed subsidy was calculated.  The
descriptions are useful, but it would be even more helpful to see all of the data and how the
support was calculated.
Answer:
Please see "Documentation for Supporting Table DS:7 - Computation details for livestock
feed subsidy" in the revised WT/ACC/4 dated March 1999.
Supporting Table DS:9:  Non-product-specific AMS
Question 130.
Please provide greater numerical detail on the calculations for the water subsidy and the
interest rate subsidy.  These calculations can be added to the explanatory notes to ensure
complete transparency in the way in which these figures were derived.
Answer:
Please see "Documentation for Supporting Ta ble DS:9" in the revised WT/ACC/4 dated
March 1999.
Question 131.
Generally speaking, tax concessions (such as an income tax exclusion for agricultural products)
are not included in the AMS calculation and should be removed from Supporting Table DS:9.
Answer:
The value of the income tax exclusion has been removed from Supporting Table DS:9 in the
revised WT/ACC/4 dated March 1999.
V. TRADE-RELATED INTELLECTUAL PROPERTY REGIME
1. General
Question 132.Our position, shared by a number of other WT O Members, is that acceding countries should
use the period of their accession negotiations to make the necessary changes in their trade
regime to meet WTO norms.  This is particularly  important in the area of intellectual property
rights.  As a consequence we remain interested in seeing Jordan in conformity with the WTO
TRIPS Agreement from the date of accession to the WTO, and without recourse to any
transitional period of non-application.
Patent protection, including pharmaceutical patents, remains an essential element of Jordan’s
TRIPS compliance, and hence its preparation for WTO accession.  In the area of copyright,
among other things, we request clarification as  to whether there are any provisions in the
current or amended law which provide benefits to Jordanian nationals which are not provided
to foreign nationals.  We would like to see a draft of the law before it is acted upon byWT/ACC/JOR/18
Page 60
parliament, to ensure that any WTO-inconsistent provisions can be addressed.  In the area of
trademarks, we have requested clarification as to the treatment to be accorded “well-known” or
“famous” marks.
As soon as possible, Jordan should share wi th the Working Party, its plan of action for
implementation of TRIPS provisions by the time of accession.  While we recognise that
enactment of IPR legislation will depend in some part on factors, such as parliamentary action,
that cannot be predicted exactly, we would appreciate estimated dates by which the new
provisions will be enacted.
Answer:
National treatment is accorded to all foreign nationals in the Copyright Law.
With regards to well-known trademarks, Article (8), paragraph 6 of the Trademark Law of
1952 provides:
"The following trademark may not be registered in Jordan:6- Marks which indicate false origin, contrary to public policy, or encourage unfair
competition" .
This Article was used in courts to protect well-known marks since the use of a well-known
mark indicates a false origin.
Moreover, the draft law amending trademark law provides for the prohibition of registration
of the following marks:
"Trademarks that are identical or similar to an internationally recognised
trademark and assumes the same reputation in the kingdom for some of its
distinct commodities, even if this trademark was not registered in the
kingdom, or if the use of the trademark indicates a kind of connection
with the types of commodities which shall be carrying the trademark".
Article 25 of the Trademark Law provides for the invalidity of registration of a trademark
registered in contradiction of Articles 6,7, and 8 of the Trademark Law.  Such cancellation action
should commence within 5 years from the date of actual registration of the contested mark.
Moreover, Article 37 of the Trademark provides for the annulment of a trademark in Jordan after it
was registered outside in the name of its original proprietor.
Finally, a new Copyright Amendment Law No. 14 was enacted in Jordan in 1998. A copy is
being translated and will be submitted to the WTO Secretariat in March 1999.  Furthermore, TRIPS
based draft patent and draft amendment trademark laws have been finalised at the Ministry of Industry
and Trade level.  These two Laws shall be presented to the Bureau of legislation at the Prime
Ministers Office.  Upon being reviewed at the Bureau  of legislation, the two acts shall be approved by
the Cabinet and sent to Parliament.  The process there involves being approved by the two houses and
their respective judicial committees.
Furthermore, Jordan intends to enact plant varieties, integrated circuits and trade secrets
Laws.  The Government is preparing these draft laws.
Provisions for the protection of geographic indications are included in the draft amendment
trademark law.
The process for the enactment of these laws has started.WT/ACC/JOR/18
Page 61
Question 133.
What steps will be taken by the Kingdom of Jordan to bring its legislation into compliance with
the TRIPS Agreement with respect to the protecti on of geographical indication, plant varieties,
layout-designs of integrated circuits and undisc losed information, including data protection.
Please also provide the timeta ble foreseen for each step.
Answer:
A draft TRIPS trademark law has been finalised at the Ministry of Industry and Trade level.
It shall be presented to the Bureau of Legislation at the Prime Ministers Office.  Upon being reviewedat the Bureau of Legislation, the two laws shall be approved by the Cabinet and sent to Parliament.
The process there involves being approved by the two houses and their respective judicial committees.
Furthermore, Jordan intents to enact  plant varieties, integrated circuits and trade secrets laws.
The Government is preparing these draft laws.
Provisions for the protection of geographic indications have supplemented the draft
amendments to the trademark law .
The process for the enactment of these laws has started.
Question 134.
Please provide an update on the latest state of the play of the legislative process with respect to
each amendment concerning the copyright, patent and trademark laws.
Answer:
Amendments to the Copyright Law were enacted in October 1998.  Also, new TRIPS draft
patent and draft trademark laws have been finalised at the Ministry of Industry and Trade level.These two laws shall be presented to the Bureau of Legislation at the Prime Ministers Office.  Upon
being reviewed at the Bureau of Legislation, the tw o laws shall be approved by the Cabinet and sent
to Parliament.  The process there involves being approved by the two houses and their respectivejudicial committees.
2. Substantive Standards of Protection, Including Procedures for the Acquisition and
Maintenance of Intellectual Property Rights
(a) Copyright and related rights
Question 135.
Can Jordan please outline how its draft copyright law, will comply with Article 10 of TRIPS in
terms of the protection of compilations of data.
Answer:
Article 3 of the Jordanian Copyright Law No. 22 of 1992 provides protection for any literary,
artistic, scientific work if:WT/ACC/JOR/18
Page 62
- it is original;
- it is expressed in writing, sound, representation, or movement.
Thus, any original work which is expressed in the above forms is protected as a general rule.
To be sure, Article 3 provides a list by way of an example of protected works.  Paragraph D
of Article3 of the Copy right Law No. 22 of 1992 as amended by Law No. 14 of 1998 states:
"Compilations of artistic or literary works such as encyclopaedias,
anthologies, or compilations of data, whether readable in machine form or anyother form shall be protected under the law, if they constitute in their selection,
arrangement original intellectual works.  Protection also covers selected
anthologies of poetry, prose, or music and others provided that these selectionsmention the source and authors of such works  and without prejudice to the
authors’ rights with regard to each work forming a part of such compilations".
Question 136.
According to the answer to Question 226 (WT/ACC/JOR/13), Article 17 of the Copyright Law
permits use of published works without the authorisation of the right holder under certain
conditions.  Could Jordan please explain in more details whether any specific conditions applyto the use of work in an educational cultural or  social establishment that might be considered to
fall within this category?
Answer:
Article (17) of the Copyright Law provides:
"It is permitted to use published works without the authorisation of the
author in accordance with the following conditions:
(c) To depend on the work for illustration in education through publications
or audio-visual programs for educational, cultural, religious, or vocationaltraining.  Such use should be limited to the achievement of the above
purposes, should not aim at generating profit, and the name of the author
should always be mentioned".
This Article fully conforms to Article 10(2) and (3) of the Berne Convention.
(b) Trademarks, including service marks
Question 137.
Please clarify what "special circumstance in trade" would be regarded as justification for the
non-use of a trademark (Question No. 242)?
Answer:
Special commercial circumstances include force majeure such as war, flood, Law of God, or
Law of Government.  They also include decision of government to prevent importation as decided byWT/ACC/JOR/18
Page 63
courts.  Finally they include any commercial circumstances which prevent the use of a product
carrying the trademark such as recession.
Question 138.
Please clarify whether the registration of a tradem ark is refused or invalidated in cases such a
trademark contains of consists or a geographical indication (Question No. 245,WT/ACC/JOR/13).
Answer:
Article (8) paragraph 6 of the Trademark Law of 1952 provides:
The following trademark may not be registered in Jordan:
- Marks which indicate false origin, contrary to public policy, or encourage unfair
competition.
This Article was used in courts to protect geographic indications.Furthermore, the Trademark Law prohibits the registration of any descriptive mark.
Therefore, a case declared that the mark “Scottish Whiskey” could not be registered.  Jordan plans tosupplement its draft amendment of the trademark law with provisions for the protection of geographic
indications.  The Government is preparing the draft legal provisions.
Question 139.
Please clarify how well known marks are/will be protected under Jordanian legislation and in
particular, how paragraphs 2 and 3 of Article 16 of the TRIPS Agreement are/will be reflected
in the relevant law.
Answer:
Article (8) paragraph 6 of the Trademark Law of 1952 provides:
"The following trademark may not be registered in Jordan:
- marks which indicate false origin, contrary to public policy, or encourage unfair
competition".
This Article was used in courts to protect well-known marks since the use of a well-known
mark indicates a false origin.
Moreover, the draft law amending the trademark law provides for the prohibition of
registration of the following marks:
- trademarks that are identical or similar to an internationally recognised trademark and assumes
the same reputation in the kingdom for some of its distinct commodities, even if this
trademark was not registered in the kingdom, or if the use of the trademark indicates a kind of
connection with the types of commodities which shall be carrying the trademark.WT/ACC/JOR/18
Page 64
Article 25 of the Trademark Law provides for the invalidity of registration of a trademark
registered in contradiction of Articles 6,7, and 8 of the Trademark Law.  Such cancellation action
should commence within 5 years from the date of actual registration of the contested mark.
Moreover, Article 37 of the Trademark provides for the annulment of a trademark in Jordan after itwas registered outside in the name of its original proprietor.
Question 140.
In its reply to Question 258 (WT/ACC/JOR/13), the Kingdom of Jordan says that "the use of a
well known trademark on goods or services not protected will be considered as infringement
also".  Please clarify this sentence and in particular, the reference to "infringement" withrespect to a mark on "goods and services not protected".
Answer:
Well-known marks on goods and services may not be registered in Jordan in any class except
in the name of its owner.  As such no person can register such a mark unless, he or she is thelegitimate proprietor thereof.  For an infringement  to occur there shall be a law of infringement such
as use of a trademark registered in Jordan under the name of person other than the user.  Therefore,
well-known trademarks should be registered in one class at least prior to initiating the infringementproceedings for use of a trademark in any other class.
(e) Patents
Question 141.
Further to Question 246 of document WT/ACC/JOR/13, please explain how the new Jordanian
Patent Law transposes the obligations of Article 27 of the TRIPS-Agreement.  Are patents
available for any inventions, whether products or processes, in all fields of technology?
Answer:
The Jordanian Draft Patent Law (DPL) satisfies the requirements of Article 27 of the TRIPS
Agreement.  Article 6 of (DPL) provides protection for an invention which is new, involves an
inventive step, and capable of industrial application.  An Invention is defined in Article 2 of (DPL) asan idea which practically solves a problem in technology and could be a process or a final product.
Furthermore, Article 30 of (DPL) expressly states  that pharmaceutical and chemical final products
will be patentable.  An invention is considered capable of industrial application if it could bemanufactured or used in any agricultural or industrial activity in its largest scope.  This includes
artifacts, fishing, and services.
Question 142.
Which rights are granted to the patent own er according to the new Jordanian Patent Law?
Answer:
As for the rights under Article 28 of the TRIPS Agreement, Article 21 of DPL provides for
the rights of the patentee:WT/ACC/JOR/18
Page 65
- to prevent third parties from exploiting, commercially using, selling, offering to sell, or
importing the product if the subject of the patent was a product;
- to prevent third parties from using without authorisation the process, selling, offering to sell,
or importing a product produced by the process, if the subject of the patent was a process;
- the right to dispose of the patent inter vivos , in succession, or to licence the patent.
Question 143.
Concerning the answer to Question 249 of document WT/ACC/JOR/13, it is stated that the
filing of patent applications that contain claims for medical drugs, pharmaceutical compositions
and food products will be accepted as from the date of enforcement of the law.  Article 70.8 of
the TRIPS-Agreement, however, stipulates that the member shall provide as from the date of
entry into force of the WTO Agreement a means by which applications for patents for such
inventions can be filed.  Please explain.
Answer:
The filing of patent applications that contain claims for medical drugs, pharmaceutical
compositions and food products will be accepted as from the date the law comes into force (Mail Box
Requirement).  The law comes into force one month after its publication in the Official Gazette.
However, the protection of the final products of a patent that can be used as medical drugs,
pharmaceutical compositions and food products will commence at the first day following the end ofthe grace period Jordan is going to negotiate with  Working Party members.  Jordan wishes to take
advantage of the grace period provided in Article 65  of the TRIPS Agreement for developing
countries.
Question 144.
Could the Jordanian Authorities clarify their answer to Question 249 (WT/ACC/JOR/13)?
Answer:
The filing of patent applications that contain claims for medical drugs, pharmaceutical
compositions and food products will be accepted as from the date the law comes into force (Mail Box
Requirement).  The law comes into force one month after its publication in the Official Gazette.
However, the protection of the final products of a patent that can be used as medical drugs,pharmaceutical compositions and food products will commence at the first day following the end of
the grace period Jordan is going to negotiate with  Working Party members.  Jordan wishes to take
advantage of the grace period provided in Article 65 of the Trips Agreement for developing countries.
(f) Plant variety protection
Question 145.
How does the new Jordanian Patent Law provide for the protection of plant varieties?
Answer:
The (DPL) does not deal with plant varieties.  Jordan plans to have a new plant variety
protection law.  The Government is preparing the draft law.WT/ACC/JOR/18
Page 66
(h) Requirements on undisclosed information, including trade secrets and test data
Question 146.
Further to Questions 254 and 255 of document WT/ACC/JOR13, how are the obligations
contained in Article 39, paragraph 3 of the TR IPS-Agreement transposed in the new Patent
Law?  During which period of time is the named data protected against unfair commercial use
and disclosure?
Answer:
The (DPL) does not deal with trade secrets.  Jordan will prepare a trade secrets law.  The
Government is preparing the draft law.
Question 147.
How does Jordan intend to implement TRIPS Article 39.3 which provides for a special
protection regime of registration date submitted for new pharmaceutical and agrochemical
products?
Answer:
Jordan will prepare a trade secrets law.  The Government is preparing the draft law.
4. Enforcement
(a) Civil judicial procedures and remedies
Question 148.
Please provide for each intellectual property the legislative measures-including timetables –
which need to be taken to introduce a system of  enforcement as foreseen in Part III of  the
TRIPS Agreement.
Answer:
The following are the provisions which exist in  the Jordanian laws relating to enforcement.
The Government is undertaking a process to ensure the systematic applicability of these
provisions to intellectual property rights.
TRIPS PROVISION JORDANIAN PROVISIONS OF THE LAW
ARTICLE 42
Fair and Equitable Procedures
Members shall make available to right holders civil
judicial procedures concerning the enforcement of anyintellectual property right covered by this Agreement.Article 256 of the Civil Code states:
Every injurious law shall render the person who
commits it liable for damages even if he is a non-
discerning person.WT/ACC/JOR/18
Page 67
TRIPS PROVISION JORDANIAN PROVISIONS OF THE LAW
Defendants shall have the right to written notice which
is timely and contains sufficient detail, including thebasis of the claims.  Parties shall be allowed to berepresented by independent legal counsel, andprocedures shall not impose overly burdensome
requirements concerning mandatory personal
appearances.  All parties to such procedures shall beduly entitled to substantiate their claims and to presentall relevant evidence.  The procedure shall provide ameans to identify and protect confidential information,unless this would be contrary to existing constitutional
requirements.Article 62 of the Civil Code states:
Injury does not justify injury and damage shall be
abated.
Article 266 of the Jordanian Civil Code
Damages shall in all cases be estimated by the amount
of the damage inflicted on the injured person and hisloss of profit provided that the same shall be thenatural result of the injurious act.
Article 267 of the Jordanian Civil Code:
The right of damages shall also include moral damage,
so any trespass on others liberty, honour, reputation,
social status, or financial standing, shall render the
person who commits the trespass liable for damages.
Article 287 of the Jordanian Civil Code:
That which is equal to extortion by deprivation from
the right to dispose shall be considered as extortion.
Article 56 of the Jordanian Code of Civil Procedure
states:
A lawsuit commences with the plaintiff’s request in a
statement of claim deposited at the court’s registry.The statement of Claim should include the following:
- the Objective of the suit;
- the details and basis of the claim;
the plaintiff or his/her attorney shall sign the statement
of claim.
Article 57 of the Code of Civil Procedure states:
The Plaintiff shall present the court’s registry with his
statement of claim including all documents supporting
his suit and an itemised list of such documents and
evidence…
A memorandum enumerating all facts which requires
testimony to prove ….
ARTICLE 43
Evidence
1. The judicial authorities shall have the
authority, where a party has presented reasonablyavailable evidence sufficient to support its claims andhas specified evidence relevant to substantiation of itsclaims which lies in the control of the opposing party,
to order that this evidence be produced by the
opposing party, subject in appropriate cases toconditions which ensure the protection of confidentialinformation.Article 100 of the Code of Civil Procedure states:
The court has the authority to compel any party to
present documents in his possession or under his
control if it was necessary to  adjudicate the suit.  See
also Article 20 of the Law of Evidence.WT/ACC/JOR/18
Page 68
TRIPS PROVISION JORDANIAN PROVISIONS OF THE LAW
2. In cases in which a party to a proceeding
voluntarily and without good reason refuses access to,or otherwise does not provide necessary informationwithin a reasonable period, or significantly impedes aprocedure relating to an  enforcement action, a
Member may accord judicial authorities the authority
to make preliminary and final determinations,affirmative or negative, on the basis of the informationpresented to them, including the complaint or theallegation presented by the party adversely affected bythe denial of access to information, subject to
providing the parties an opportunity to be heard on the
allegations or evidence.Article 23 of the law of Evidence states:
If the opposing party did not present the documents or
the paper on the date specified or declined to take theoath, then any photocopy presented by the opponent is
considered authentic.  Moreover, if the opponent did
not present a photocopy then his statements as theform and content of the document shall be accepted..See also Article 107 of the Jordanian Code of CivilProcedure.
ARTICLE 44
InjunctionsArticle 313 of the Civil Code states:
When the legal prerequisites of a right are fulfilled it
shall be specifically performed against the debtor
when due.
1. The judicial authorities shall have theauthority to order a party to desist from aninfringement, inter alia  to prevent the entry into the
channels of commerce in their jurisdiction of imported
goods that involve the infringement of an intellectualproperty right, immediately after customs clearance ofsuch goods.  Members are not obliged to accord suchauthority in respect of protected subject matteracquired or ordered by a person prior to knowing or
having reasonable grounds to know that dealing in
such subject matter would entail the infringement ofan intellectual property right.See also cell opposite to the cell containing TRIPS
Article 50.
Merchandise LawArticle (13) Preventing importation of goods subject
to confiscation:
1. It is prohibited to import goods which may, if
sold, be subject to confis cation according to this law,
also, any other goods which are manufactured abroad
and bear the name of the factory owner or seller or
merchant in the Kingdom or his trademark or refers tohis name or his trademark unless he adds to that nameor trademark the name of the country in which thegoods were manufactured or produced.
2. Notwithstanding the other provisions of thisPart and provided that the provisions of Part IIspecifically addressing use by governments, or bythird parties authorised by a government, without theauthorisation of the right holder are complied with,
Members may limit the remedies available against
such use to payment of remuneration in accordancewith subparagraph (h) of Article 31.  In other cases,the remedies under this Part shall apply or, wherethese remedies are inconsistent with a Member's law,declaratory judgments and adequate compensation
shall be available.According to this Article, the importation of these
goods is prohibited under the customs regulations,however, in case of their importation and entry to thekingdom, the Minister of Industry and  Trade isentitled to consider whether they should be
confiscated or delivered to the importer upon the
conditions he deems right, in case the goods areconfiscated, it may be destroyed or dealt with in anyway the a Prime Minister deems necessary.
2. The Minister of Industry and Trade or any
employee authorised by the Prime Minister is entitledto replace   pursuing a crime or an Law of violation of
this Article by a financial fine that will not exceed the
maximum range for each violation this law applies.
ARTICLE 45
Damages
1. The judicial authorities shall have the
authority to order the infringer to pay the right holderdamages adequate to compensate for the injury the
right holder has suffered because of an infringement
of that person's intellectual property right by aninfringer who knowingly, or with reasonable groundsto know, engaged in infringing activity.See above
Article 166 of the Jordanian Code of Civil procedure
states:
In addition to the different fees and expenses, the
court shall order the payment of attorney’s fees uponthe losing party.WT/ACC/JOR/18
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TRIPS PROVISION JORDANIAN PROVISIONS OF THE LAW
2. The judicial authorities shall also have the
authority to order the infringer to pay the right holderexpenses, which may include appropriate attorney'sfees. In appropriate cases, Members may authorise thejudicial authorities to order recovery of profits and/or
payment of pre-established damages even where the
infringer did not knowingly, or with reasonablegrounds to know, engage in infringing activity.
ARTICLE 46
Other Remedies
In order to create an effective deterrent to
infringement, the judicial authorities shall have theauthority to order that goods that they have found tobe infringing be, without compensation of any sort,
disposed of outside the channels of commerce in such
a manner as to avoid any harm caused to the rightholder, or, unless this would be contrary to existingconstitutional requirements, destroyed.  The judicialauthorities shall also have the authority to order thatmaterials and implements the predominant use of
which has been in the creation of the infringing goods
be, without compensation of any sort, disposed ofoutside the channels of commerce in such a manner asto minimise the risks of further infringements.  Inconsidering such requests, the need for proportionalitybetween the seriousness of the infringement and the
remedies ordered as well as the interests of third
parties shall be taken into account.  In regard tocounterfeit trademark goods, the simple removal ofthe trademark unlawfully affixed shall not besufficient, other than in exceptional cases, to permit
release of the goods into the channels of commerce.See also Article 13 of the Merchandise law above.
Article (39) of the Trademark law states:
2. The Court prosecuting any person charged
under this Article may order seizure, forfeiture and
destruction of all infringing goods, wrapping,packaging and advertising materials, and plates,wooden or metal blocks, seals and other apparatusused for printing the mark or packaging, wrapping,advertising or other materials in respect of which the
offence has been committed.
The Government is considering providing for this
remedy for the rest of intellectual property laws.
ARTICLE 48
Indemnification of the Defendant
1. The judicial authorities shall have the
authority to order a party at whose request measureswere taken and who has abused enforcementprocedures to provide to a party wrongfully enjoined
or restrained adequate compensation for the injury
suffered because of such abuse. The judicialauthorities shall also have the authority to order theapplicant to pay the defendant expenses, which mayinclude appropriate attorney's fees.See above
2. In respect of the administration of any law
pertaining to the protection or enforcement ofintellectual property rights, Members shall onlyexempt both public authorities and officials fromliability to appropriate remedial measures where
actions are taken or intended in good faith in the
course of the administration of that law.
ARTICLE 50
1. The judicial authorities shall have theauthority to order prompt and effective provisionalmeasures:Article 32 of the Jordanian Code of Civil Procedure:WT/ACC/JOR/18
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TRIPS PROVISION JORDANIAN PROVISIONS OF THE LAW
to prevent an infringement of any intellectual property
right from occurring, and in particular to prevent theentry into the channels of commerce in theirjurisdiction of goods, including imported goodsimmediately after customs clearance;The Judge of expedient matters may decide without
prejudice to other competen t courts to adjudicate cases
on merit, in the following matters:
1. Matters where time is the essence of the
matter.
to preserve relevant evidence in regard to the alleged
infringement.
2. The judicial authorities shall have the
authority to adopt provisional measures inaudita alteraparte where appropriate, in particular where any delayis likely to cause irreparable harm to the right holder,or where there is a demonstrable risk of evidencebeing destroyed.2. Expedient discovery to preserve evidence.
3. to hear a testimony …
Article 115 of the Jordanian Code of Civil Procedure
states:
The plaintiff may request:
4. any provisional or temporary injunction.
ARTICLE 51Suspension of Release by Customs Authorities
Members shall, in conformity with the provisions set
out below, adopt procedures to enable a right holder,
who has valid grounds for suspecting that theimportation of counterfeit trademark or piratedcopyright goods may take place, to lodge anapplication in writing with competent authorities,administrative or judicial, for the suspension by the
customs authorities of the release into free circulation
of such goods. Members may enable such anapplication to be made in respect of goods whichinvolve other infringements of intellectual propertyrights, provided that the requirements of this Section
are met. Members may also provide for corresponding
procedures concerning the suspension by the customsauthorities of the release of infringing goods destinedfor exportation from their territoriesThe new Customs law contains language that provides
for the prohibition of importation of goods which
contradict the provisions of intellectual property laws.However, customs control and enforcement ofintellectual property laws need further elaboration.The government is currently revising these provisions.
The copyright law, trademark, and draft patent law
contain language regarding prohibition of importation
of infringing goods.
See also provisions of the Civil Code above
(d) Any special border measures
Question 149.
Further to the answer to Question 261 of document WT/ACC/JOR13, how long does it usually
take to obtain a final court order?  How do es Jordanian Law comply with the obligation
contained in Article 50 of the TRIPS-Agreement?
Answer:
To-date there are no studies to assess how long cases take in courts.  The duration of case in
front of a court largely depends on the parties and evidence to be heard.  However, Jordanian Law
provides for provisional measures in certain circumstances.  Article 32 of the Jordanian Code of Civil
Procedure provides:
"The judge of expedient matters may grant orders, without prejudice to other competent
courts, which adjudicate cases on merit, in the following:
1. Cases where time is the essence of the matter.
2. Expedient discovery to preserve evidence.WT/ACC/JOR/18
Page 71
3. To hear a testimony …".
Article 115 of the Jordanian Code of Civil Procedure states:
"The plaintiff may request: …4. Any provisional or temporary injunction".
Invoking the process under the above-mentioned Articles imply the conditions, effects, and
requirements mentioned in Article 50 of the TRIPS Agreement.  The Government is undertaking a
process to ensure the systematic applicability of these provisions to intellectual property rights.
Question 150.
Can Jordan please give details of the time-scale s involved in the initiation and enforcement of
special border measure, i.e. the taking out and enforcement of court orders?
Answer:
The new Customs Law contains language that provides for the prohibition of importation of
goods which contradict the provisions of intellectual property laws.  However, customs control and
enforcement of intellectual property laws need fu rther elaboration.  The Government is currently
revising these provisions.  As for judgments, these are enforceable as soon as a announced unlesschallenged by appeal.  If appealed, then judgments are enforceable when they are final.
Question 151.
From the answer to Question 261 appears that Jordan does not provide for provisional border
measures which is contrary to TRIPS requirements.  By when does Jordan intend to put the lawin conformity with TRIPS on this point?
Answer:
See the reply to Question 43 above.
VI. TRADE-RELATED SERVICES REGIME
1. General
Question 152.
We would like to thank Jordan for the responses to  our questions on services issues in document
WT/ACC/JOR/13.  We understand that Jordan’s response to WT/ACC/5 is in preparation and
that we can expect it to be circulated soon.  We would appreciate confirmation of that.
Answer:
Jordan submitted its initial offer on services and WT/ACC/5 to the WTO Secretariat in
December 1998 (WT/ACC/SPEC/JOR/5 and WT/ACC/SPEC/JOR/4, respectively).WT/ACC/JOR/18
Page 72
Question 153.
Based on the existing liberal access for foreign pr oviders of financial services, we look forward
to Jordan’s submission of a services offer that establishes this treatment in Jordan’s schedule of
services commitments.  Does Jordan have a sense of when it might circulate an offer of
commitments for trade in services?
Answer:
Please see the answer to Question 152 above.
Question 154.
Jordan describes its new Regulation No. 39 of 1997 for the Promotion of Non-Jordanian
Investment and the reduction in the number of sectors subject to foreign equity limitations.  We
would like to be able to review this regulation, and request that a copy be provided, in
translation, to the WTO Secretariat.
Answer:
Regulation No. 39 ("Non-Jordanian Investments Promotion Regulation) was adopted in 1997.
A copy of this regulation is being translated into English and will be submitted to the WTO
Secretariat in early March 1999.
Question 155.
Could Jordan indicate, using the Services Sector al Classification list attached to document
WT/ACC/5, the scope of construction, trading, and mining services covered by the foreignequity restrictions noted in the response to Question 23 in document WT/ACC/JOR/13?
Answer:
Legislation is currently being prepared by th e Investment Promotion Corporation to clearly
define the scope of construction, trading, and mining services covered by the foreign equity
restrictions.
Question 156.
Jordan states that it currently allows foreigners to  provide all financial services as defined in the
GATS Annex on Financial Services, except for derivative products, and notes that newlegislation for the banking sector will result in further liberalisation, with no discrimination
against foreign banks.  We would appreciate an opportunity to review this legislation at the
earliest opportunity.
Answer:
Jordan is still in the process of drafting the new legislation for the banking sector.WT/ACC/JOR/18
Page 73
VII. INSTITUTIONAL BASIS FOR TRADE AND ECONOMIC RELATIONS WITH
THIRD COUNTRIES
1. Bilateral or Plurilateral Agreements Relating to Foreign Trade in Goods and Trade in
Services
Question 157.According to the response to Question 289 of  document WT/ACC/JOR/13, the Agreement for
Facilitating and Developing Trade Exchange among Arab States has been modified and it is
now called the Arab Free Trade Area.  The impl ementation should start as of 1 January 1998.
So far, Morocco, Tunisia, Libya, Kuwait, Egypt, Bahrain and Jordan have announced their
commitment to start implementation on a reciprocal basis.  Tariffs between member countries
will be eliminated over a ten year period at 10 per cent annually.  What percentage of Jordan’strade value with these countries is currently su bject to tariff reduction, with a view to duty
elimination in ten years?  What percentage of Jordan’s tariff lines, at the six-digit level, will be
subject to duty elimination pursuant to the full  implementation of the Arab Free Trade Area?
Answer:
Pursuant to the full implementation of Arab Free Trade Area, approximately 94 per cent of
Jordan’s tariff line (at the six-digit level) will be subject to duty elimination.
Approximately 21 per cent of Jordan’s total trade value will be traded under the Arab Free
Trade Area upon implementation of all reductions within 10 years.
Question 158.
Is Jordan retaining any non-tariff measures, such as quantitative restrictions and import
licensing, with respect to imports received from  other members of the Arab Free Trade Area?
If yes, please describe.
Answer:
The Agreement on the Arab Free Trade Area (AFTA) is silent with regard to the application
of non-tariff measures.  The implementation programme of the AFTA agreement prohibits the use ofnon-tariff measures, such as quantitative restrictions and import licensing, for non-exempted and non-
prohibited products.  The implementation programme of the AFTA agreement is silent regarding the
application of non-tariff measures vis-à-vis prohibi ted and exempted products.  Jordan, however, does
not intend to use non-tariff measures except in cases where non-tariff measures are applied by other
parties of the agreement (reciprocal treatment).
Question 159.
Please provide a translated copies of the Ar ab Free Trade Area Agreement, including annexes,
and the Jordan-European Communities Partnership Agreement, to the WTO Secretariat forreview by the Working Party.
Answer:
The Arab Free Trade Area Agreement including annexes and the Jordan-European
Communities Association Agreement may be obtained from the WTO Secretariat.WT/ACC/JOR/18
Page 74
Question 160.
According to the response to Question 294 of document WT/ACC/JOR/13, chapter 2 of the
European Communities-Jordan Agreement on Agricu ltural Products and Protocol 2 attached to
that Agreement, details the European Commun ities products that are excluded from the
Jordan-European Communities Partnership Agreement.  Please identify theEuropean Communities agricultural products that are covered by chapter 2 of the
European Communities-Jordan Agreement on Agricu ltural Products and Protocol 2 attached to
that Agreement, and the trade terms that appl y to the importation of those products into
Jordan.
Answer:
The import duty rates for the agricultural products listed in the table below are bound
according to the rates specified in the table.  All other agricultural products are subject to Jordan's
applied customs duties.
CN Code Description Duty % or specific duty
0102 10 Pure bred breeding live animals JD 10/head
0102 90 Other live bovine animals JD 10/head
0201 20 Fresh meat of bovine animals, with bones 5
0201 30 Fresh meat of bovine animals, boneless 5
0202 30 Frozen meat of bovine animals, boneless 5
0405 00 Butter/fats/oils derived from milk; dairy spreads 5
0406 30 Processed cheese not grated or powdered 20
0701 10 Potato seed, fresh 5
0713 10 Peas, dried 10
0713 50 Broad beans, dried 5
1002 10 Durum wheat 0
1001 90 Other wheat 0
1003 00 Barley 5
1005 90 Maize, other than seed 5
1006 30 Semi/wholly milled rice 5
1101 00 Wheat or meslin flour 0
1103 11 10 Groats and meal of durum wheat 15
1103 13 Cereal groats, meal and pellets of maize 10
1107 10 Malt, not toasted 10
2005 70 Preserved olives 40
2008 70 Peaches prepared or preserved 40
2301 10 Flours, meals and pellets, of meat/offal 5
2301 20 Flours, meals and pellets, of fish and aquatic invertebrates 5
2304 00 Oil-cake/residues deriving from soya oil 5
2309 90 Preparations of a kind used in animal feeding, other than cat
or dog food.10
Question 161.
What percentage of the total amount of good s imported from the European Communities is
expected to receive preferential access pursuant to the partnership agreement, based uponhistorical trade flows?  What is the estimated trade-weighted average tariff rate applicable to
imports from the European Communities pursuant to the partnership agreement, based upon
historical trade flows?WT/ACC/JOR/18
Page 75
Answer:
According to the European Association Agreement between Jordan and
European Communities, 64.7 per cent of the total amount of goods imported from
European Communities is expected to receive pref erential treatment.  The estimated trade weighted
average tariff rate applicable to imports from the European Communities is equal to 24.51 per cent.
Question 162.
Could Jordan provide the Working Party with details (and a copy) of its Agreement with the
United States on duty free areas?
Answer:
The United States proposed the concept of Qualified Industrial Zones (QIZ) in President
Clinton’s proclamation No. 6955 of November 1996.  This proclamation extends duty free status to
products of the West Bank, Gaza and Qualified Industrial Zones.  The QIZ provides duty free access
to the United States' market without the requirement fo r any reciprocal benefits.  As of today, only the
Irbid (Al-Hassan) Qualifying Industrial Zone has been established in Jordan.
In order for QIZ products to gain duty free entr y into the United States' market the following
requirements must be met:
- at least 35 per cent of the appraised value of a product at the time it enters the United States
must consist of the cost of value of content and direct cost of producing operations performed
in the QIZ in one of two ways:
- first, at least one-third (or 11.7 per cent) must be contributed by the Jordanian
manufacturer in the QIZ and one-third by an  Israeli manufacturer(s).  The remainder
of the 35 per cent content may be fulfilled by the production at the QIZ, the West
Bank /Gaza strip, Israel or the United States;
- second, Jordanian and Israeli manufacturers must each maintain at least 20 per cent of
the total production cost of QIZ-produced good(s).  Costs may include originating
materials, wages and salaries, design, research and development, depreciation ofcapital investment, overhead expenses including marketing expenses, etc.
A copy of this agreement may be obtained from the WTO Secretariat.
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