RESTRICTED  WORLD TRADE  
ORGANIZATION  WT/ACC/YEM/4 
22 June 2004 
 (04-2696) 
Working Party on the 
Accession of Yemen Original:   English 
 
 
 
ACCESSION OF YEMEN 
 
Questions and Replies  
to the Memorandum on the Foreign Trade Regime  
(Document WT/ACC/YEM/3)  
   In a communication circulated in document WT/ACC/YEM/1 on 14 April 2000, the Government of the Republic of Yemen applied for accession under Article XII of the Agreement 
Establishing the World Trade Organization (WTO). 
  The General Council established a Working Part y (WT/ACC/YEM/2) on 17 July 2000 with 
the following terms of reference:  "To examine the application of the Government of the Republic of Yemen to accede to the World Tr ade Organization under Article XII and to submit to the General 
Council recommendations which may incl ude a draft Protocol of Accession". 
 
 In document WT/ACC/YEM/3, Members were invited to submit questions in writing 
concerning the foreign trade regime  of Yemen.  The initial questi ons submitted by Members and the 
replies thereto provided by the authorit ies of Yemen are reproduced hereunder. 
 
 
_______________ 
 
 
   WT/ACC/YEM/4 
 Page i 
 
 
 TABLE OF CONTENTS 
 
I. INTRODUCTION ................................................................................................................... .1 
II. ECONOMY, ECONOMIC POLICIES AND FOREIGN TRADE ......................................1  
2. Economic Policies.............................................................................................................. ........1  
(a) Main directions of the on going economic policies..................................................................1  
(c) Foreign exchange and payments system .................................................................................3  
(d) Foreign and domestic in vestment policies ..............................................................................4  
(e) Competition policies........................................................................................................... .......5  
3. Foreign trade in goods and services ........................................................................................5  
III. FRAMEWORK FOR MAKING AND ENFORCING POLICIES AFFECTING 
FOREIGN TRADE IN GOODS AND TRADE IN SERVICES ...........................................5  
1. Powers of executive, legislative and judicial branches of government.................................5  
3. Division of authority between central and sub-central governments...................................6  
IV. POLICIES AFFECTING TRADE IN GOODS .....................................................................7  
1. Import Regulation.............................................................................................................. .......7  
(a) Registration requirements for engaging in importing...........................................................7  
(b)  Characteristics of national tariff ............................................................................................. 8 
(c) Tariff quotas, tariff exemptions............................................................................................... 9 
(d) Other duties and charges, specifying any charges for services rendered ............................9  
(e) Quantitative import restrictions............................................................................................10  
(f) Import licensing procedures ..................................................................................................11  
(h) Customs valuation.............................................................................................................. .....12  
(i) Other customs formalities ...................................................................................................... 14 
(j)          Pre-shipment inspection ........................................................................................................ .14 
(k) Application of internal taxes on imports...............................................................................15  
(l) Rules of origin ................................................................................................................ .........15  
(m) Anti-dumping regime............................................................................................................ ..16 
(n) Countervailing duty regime ...................................................................................................16  
(o) Safeguard regime ............................................................................................................... .....16  
2. Export Regulation.............................................................................................................. .....17  
(f) Export financing, subsidy and promotion policies...............................................................17  
(g) Export performan ce requirements........................................................................................18  
(h) Import duty drawback schemes ............................................................................................18  
3. Internal policies affecting foreign trade in goods.................................................................18  
(a) Industrial policy, including subsidy policies.........................................................................18  
(b) Technical regulations and standards ....................................................................................19  WT/ACC/YEM/4 
Page ii  
 
 (c)
 Sanitary and phytosanitary measures...................................................................................21  
(e) State-trading practices........................................................................................................ ....22  
(f) Free zones ..................................................................................................................... ...........22  
(l) Government procur ement practices......................................................................................24  
4. Policies affecting foreign trade in agricultural products.....................................................24  
(b) Exports........................................................................................................................ .............24  
(c) Export prohibitions and restrictions.....................................................................................25  
(e) Internal policies.............................................................................................................. .........25  
V. TRADE-RELATED INTELLECTUAL  PROPERTY REGIME.......................................27  
1. General........................................................................................................................ .............27  
2. Substantive standards of protection, including procedures for the acquisition 
and maintenance of intellectual property rights ..................................................................28  
(a) Copyright and related rights..................................................................................................2 8 
(b) Trademarks, including  service marks...................................................................................30  
(c) Geographical indications, including appellations of origin.................................................31  
(d) Industrial designs............................................................................................................. .......31  
(e) Patents........................................................................................................................ ..............33  
(f) Plant variety protection....................................................................................................... ...34 
(g) Layout designs of integrated circuits ....................................................................................35  
(h) Requirements on undisclosed information ...........................................................................35  
3. Measures to control abuse of intellectual property rights...................................................35  
4. Enforcement .................................................................................................................... ........36  
(a) Civil judicial procedures and remedies.................................................................................36  
(b) Provisional measures ........................................................................................................... ...38 
(c) Any administrative procedures and remedies......................................................................38  
(d) Any special border measures .................................................................................................39  
(e) Criminal procedures............................................................................................................ ...39 
VI. TRADE-RELATED SE RVICES REGIME .........................................................................41  
1. General........................................................................................................................ .............41  
VII. INSTITUTIONAL BASE FOR TRAD E AND ECONOMIC RELATIONS 
WITH THIRD COUNTRIES ................................................................................................44  
ANNEX 1A – State Owned Enterprises (Wholly or Partially Owned) ...........................................46  
ANNEX 1B – Projects Related to the Privatization Process ............................................................47  
ANNEX 2 ........................................................................................................................ ......................49  
 
   WT/ACC/YEM/4 
 Page 1 
 
 
 I. INTRODUCTION 
Question 1 The introduction in WT/ACC/YEM/3 states that Yemen places a priority on WTO accession, 
including using the rights and benefits afforded to LDCs.  Does this mean that there are specific 
areas in which Yemen intends to use transition periods or other S&D provisions?  If so, which 
areas?  If not, would Yemen please provide furt her details about the meaning of the statement? 
Answer:
 
Yemen, as an LDC, seeks integration into the mu ltilateral trading system and global economy through 
its endeavour to become a member of the WTO.  To achieve this goal, Yemen seeks the support and 
assistance of WTO members within the framework of WTO Agreements and the General Council's 
decision dated 10 December 2002 on LDCs Accession Guidelines. 
II. ECONOMY, ECONOMIC POLICIES AND FOREIGN TRADE 
2. Economic Policies (a) Main directions of the ongoing economic policies - Privatization 
Question 2 
We request a copy of Law No. 45/1999, and an y implementing regulations pertaining to 
privatization. 
Answer:
 
Please see document WT/ACC/YEM/4/Add.1. 
Question 3 
Can Yemen please describe the function and structures of the Supreme Privatization 
Committee and the Technical Privatization Office? 
Answer:  
In accordance with the Republican  Decree No. 399/1999, the Prime Minister chairs the High 
Committee for Privatization (HC) with membership of Ministers concerned to implement Law 
No. 45/1999 to perform the following: 
− approve studies and proposals concerned w ith the application of the privatization 
approach and its implementation means; 
− approve the executive programs and documents  and contracts formats, including the 
transfer or retention of ownership of strate gic shares in accordance with the privatization 
procedures, and submit them to the Cabinet for final approval; 
− appoint members of the temporary Executive Board of Directors for the economic units, 
which have been approved for privatization; 
− prepare and set up the economic units under privatization addressing the financial, 
administrative and legal aspects; approve of the proposals for liquidation, incorporation, WT/ACC/YEM/4 
Page 2  
 
 merger and division of the economic units a nd branches, deemed necessary to serve the 
economic and institutional interests, prior to the privatization process and forward the recommendations to the Cabinet for approval; 
− approve of the designs of privatization progr ams submitted by the Technical Privatization 
Office (TPO), starting with the preparatory phase and ending with its final execution, and 
approve of the by-laws and guidelines that regulate the various phases; 
− approve of the contract forms and other re lated documents, the land leasing system and 
issue decisions related to the appropriate wo rk mechanism for shares and financial stock 
operations and their control system pertaining to privatization; 
− approve of qualifying and training plans to implement the various tasks associated with 
the privatization programs; and 
− name the negotiation teams' members whenever necessary. 
The Technical Privatization Office TPO is consider ed the Technical Consu ltation Body for the HC, 
which includes a group of dedicated, highly qualifie d and experienced professionals in the various 
fields identified by the nature of the TP O assignments. The TPO undertakes the following: 
− prepare studies, proposals, and design the privatization programs; 
− study and review the proposals that determine the means and methods of privatization and 
restructuring, and submit suggestions and recommendations in this respect; 
− review and submit the proposals of liquidatio n, merger, or division of economic units, 
which were prepared by the assigned technical  committees or subcommittees, to the HC's 
approval; 
− draft proposals of by-laws and procedures that regulate the functions of the technical 
committees; 
− set up the organizational by-laws and guidelin es that regulate the privatization process 
and forward them to the HC for approval; 
− prepare a proposal concerning the labour force units under privatization and recommend 
all types of incentives and financial and non-financ ial grants to mitigate the effects of the 
privatization process on the labour force; 
− prepare standard contract forms for each privatization method; 
− participate in the preparation of the documen ts of bids, offers, te ndering procedures, and 
requirements of their public announcement; 
− assist and advise in identifying the appropriate mechanism to circulate shares and 
financial securities of the economic units under privatization; 
− ensure the compliance, transparency and neutrality of the method followed through 
publication and promulgation during the implem entation of each stage of the privatization 
process.  Participate in open programs by organizing seminars, workshops and media 
activities about the privatization process; 
− assist in the negotiation of the privatization process; 
− publish the privatization results in the media; 
− submit periodical reports to the HC on the pr ivatization process and related activities; 
− keep proper accounting records a nd financial affairs reports; 
− submit proposed requests for financial and tec hnical assistance in privatization strategies 
from international organizations and othe r donor countries which support privatization 
programs; 
− monitor the privatization process and prepar e periodic reports on those economic units 
which have been privatized; and 
− undertake any other tasks when necessary.    WT/ACC/YEM/4 
 Page 3 
 
 
 Question 4 
Can Yemen provide a list of remaining state owned enterprises (SOEs) and describe any plans 
for future privatizations? 
Answer:  
A list of state owned enterprises is attached, Annex 1A .  A list of projects related to the privatization 
process is attached, Annex 1B.  Please note that the privatization process is carried out in line with the 
steps undertaken within the economic reform fra mework in Yemen, in accordance with national 
economic needs. 
Question 5 
We note that privatization is a main objective of Yemen's structural adjustment policies.  We 
request that Yemen provide a list showing, by sector and institution, those government 
operations which have been privatised, those whic h are to be privatised and the timetable for 
privatisation, and those that will remain state-owned. 
Answer:  
Please refer to the response to Question 4.  - Pricing Policy Question 6 Could some information on pricing policy and pr ice control be provided to the Working Party? 
Answer:
 
Prices of goods and services in Yemen are determined by free competition, governed by market 
forces.  The Government does not intervene in setting the prices of goods and services provided by 
the private sector.  Nevertheless, for the purpose of providing certain goods and services to the 
general public and, in particular, to the poor a nd limited income segments of the population, the 
Government monitors the prices of oil derivatives,  water, electricity and fixed telephone services. 
(c) Foreign exchange and payments system 
Question 7 
Under which circumstances can foreign accounts be frozen?  Is a judicial order necessary?  If 
yes, please describe the conditions for an appeal against such an order. 
Answer:  
Existing laws do not entitle the Government to freez e accounts whether in local or foreign currency, 
unless a judicial order has been issued.  A judicial  order can be appealed and revoked if evidence can 
be provided.  WT/ACC/YEM/4 
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 Question 8 
Please describe in more detail to the Working Pa rty the rights and obligations of residents to 
engage in the different respective kinds of capita l operations with operations abroad (examples 
include: foreign direct investment, acquiring or se lling securities from or to abroad, granting or 
receiving financial loans to or from abr oad, engaging in deposit accounts abroad). 
Answer:
 
Residents in Yemen may engage in different capita l operations abroad.  Moreover, Yemen adheres to 
Article VIII of IMF's Articles of Agreement.  
(d) Foreign and domestic investment policies 
Question 9 
Could more information be provided on when  investments in Yemen could be considered 
contrary to Islamic legislation (SHAREA'A)? 
Answer:  
Investment in Yemen is not considered contrary to Islamic Sharea'a unless the related goods or 
services are contrary to public morals, such as (i nvestments in alcoholic beverages, gambling casinos, 
and pig farms). 
Question 10 
We request a copy of In vestment Law No. 22/2002. 
Answer:  
Please see document WT/ACC/YEM/4/Add.1.  
Question 11 
Does the Government of Yemen take into acco unt an investor's nationality when screening 
investment projects? 
Answer:  
The Yemeni Government takes into account the na tionality of investors for statistical purposes. 
Question 12 
What laws or regulations govern the "special agreements" for oil, gas and mineral exploration 
and extraction projects? 
Answer:  
According to Article 18 of the Yemeni Constitution,  "Special Agreements" represent the legal frame 
regulating investment in the field of natural resour ces, including gas and oil explorations.  They are 
signed by the Ministry of Oil and Minerals and enacted in the form of laws by the House of 
Representatives (Parliament).  WT/ACC/YEM/4 
 Page 5 
 
 
 Question 13 
What does it mean that Law No. 22 does not enco urage investment in banking, foreign exchange 
bureaus, financial trade, importation, and wholesa le/retail trade.  Is investment in these areas 
prohibited?  Restricted?  Permitted but not subject to incentives? 
Answer:  
Investment in banking, foreign exchange bureaus, financial trade, importation, and wholesale/retail 
trade are not subject to the Investment Law No. 22/2002, as they are governed by their respective 
laws. 
(e) Competition policies 
Question 14 
We request a copy of Law No. 19/1999 Answer:
 
Please see document WT/ACC/YEM/4/Add.1.  
3. Foreign trade in goods and services 
Question 15 
We request Yemen to provide to the Working Pa rty detailed import statistics for recent years, 
by product and supplying country. 
Answer:  
Please see document WT/ACC/YEM/4/Add.2. 
III. FRAMEWORK FOR MAKING AND ENFORCING POLICIES AFFECTING 
FOREIGN TRADE IN GOODS AND TRADE IN SERVICES 
1. Powers of executive, legislative and judicial branches of government 
Question 16 How will Yemen apply the transparency requirements prescribed in Article X of the 
GATT 1994, Article III of the GATS and other articles regarding transparency in the WTO 
Agreements.  
Answer:
 
According to the Yemeni Constitution, laws are publis hed in the Official Gazette, broadcasted within 
two weeks after the date of issue and enter into for ce thirty days after their publication.  Yemen will 
ensure the publication of all relevant regulations  with respect to the implementation of the WTO 
Agreements, upon accession.  
Question 17 
What process will be needed to complete  procedures relating to WTO accession? WT/ACC/YEM/4 
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 Answer:
 
The Yemeni Constitution determines the procedures to  be applied when acceding to conventions and 
agreements, as follows: 
− approval of the Council of Ministers; 
− ratification in the House of Representatives; 
− the president's approval on the law and its issuance; and 
− publication of the approved law in the Official Gazette. 
3. Division of authority between central and sub-central governments 
Question 18 
We request a copy of the Local Councils Law No. 4/2000. 
Answer:  
Please see document WT/ACC/YEM/4/Add.1. 
Question 19 
Can Yemen confirm that the central government has full control and powers to implement the 
requirements of the WTO Agreements, and that sub-central governments do not have jurisdiction in these matters? 
Answer:
 
Yemen confirms that the Central Government has full control and power to implement the 
requirements of the WTO Agreements, and that lo cal authorities do not have jurisdiction in these 
matters.  
Question 20 
Please describe sub-central government entities' authority, if any, to applying taxes, setting 
regulations for investment, or granting benefits to  domestic firms or domestic goods or imports.  
Please indicate the extent to which the central  government has ultimate authority over these 
activities, if they exist. 
Answer:  
Please refer to the response to Questio n 19.  It should be noted that applying taxes, setting regulations 
for investment, or granting benefits to domestic  firms, goods or imports  fall under the Central 
Government's authority.  Local Authoriti es do not have jurisdiction over these matters.  WT/ACC/YEM/4 
 Page 7 
 
 
 IV. POLICIES AFFECTING TRADE IN GOODS 
1. Import Regulation (a) Registration requirements for engaging in importing Question 21 Yemen states that "The importation registratio n procedures are a simplified, inexpensive and 
convenient regulatory means."  We request that  Yemen provide, in detail, the requirements that 
need to be met and procedures that need to be followed in order to achieve registration. 
Answer:
 
The requirements needed for registration are as follows: - For individuals: 
− copy of the Yemeni ID card; and 
− fixed premises in Yemen and possession of a municipal commercial licence. 
- For commercial companies (Joint Stock, Lim ited Liability, Partnership Limited by Shares): 
− copy of Articles of Association; 
− copy of Memorandum of Association; and 
− copy of the Ministerial Decision on licensing the establishment of the firm. 
- Registration procedures: 
− application to be submitted along with the aforementioned documents to the General 
Directorate for Commercial Registration at the Ministry of Industry and Trade or to the Registration Department in the Ministry's Governorate offices;  
− verification of the submitted documents by the Registration Department; and 
− payment of the registration fee. 
Question 22 Please confirm whether or not a foreign company n eeds to be established in Yemen in order to 
conduct foreign trade transactions. 
Answer:
 
A foreign company needs to be established in Yeme n in order to conduct foreign trade transactions; 
alternatively, it should have an agent in Yemen.  
Question 23 Please provide a copy of Decision No. 314/1996. 
Answer:
  
Please see document WT/ACC/YEM/4/Add.1. WT/ACC/YEM/4 
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 Question 24 
What documents are required for regis tration, and what are the fees? 
Answer:
 
Please refer to the response to Question 21.  Fees range between YR 10,000-30,000 for five years, 
depending on the entity's legal form, as follows: 
− individual merchant:  YR 15,000;  
− joint stock company:  YR 20,000;  
− limited liability company and genera l partnership:  YR 15,000;  
− limited partnership:  YR 10,000; and   
− agencies and branches of foreign companies: YR 30,000.  
Question 25 
Could further information be provided on the av erage costs and the length of the registration 
procedure. 
Answer:  
Please refer to the response to Question 24.  Regi stration procedures may be completed within one 
week. 
Question 26 
Does Yemen recognize the right to import as distin ct from the right to distribute?  Can a non-
resident entity be the importer of record under Yemeni law? 
Answer:  
Yemen recognizes the right to import as distinct from  the right to distribute. A non-resident entity 
may not be registered as importer according to Yemeni Laws. 
(b)  Characteristics of national tariff 
Question 27 We are encouraged by the reforms that Yemen ha s already undertaken in relation to tariffs.  
We request that Yemen provide a copy of its ap plied tariff schedule to members of the Working 
Party.  We also request that Yemen submit to the Working Party its proposed schedule of WTO tariff concessions so that bilateral mark et access negotiations can be commenced. 
Answer:
 
Please see document WT/ACC/YEM/4/Add.2. 
Question 28 
Please provide a copy of Yemen's current tariff schedule, including current applied customs 
duties, other duties and charges, and any special safeguard measures.    WT/ACC/YEM/4 
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 Answer:  
Please see document WT/ACC/YEM/4/Add.2.  Information concerning other duties and charges will 
be submitted as soon as possible.  
Question 29 
We would also like to request that Yemen provide this information to the Working Party in 
excel spreadsheet form.  This will vastly simplify bilateral ma rket access negotiations for all 
parties. 
Answer:  
Please see document WT/ACC/YEM/4/Add.2. 
(c) Tariff quotas, tariff exemptions 
Question 30 
Yemen states that tariff quotas are not "currently applicable" in Yemen.  We welcome this 
information as tariff rate quotas are difficult to administer and less transparent than tariffs 
only.  Can Yemen confirm that it will not impose tariff quotas in the future? 
Answer:  
Yemen confirms its intention to comply with WTO provisions, including ma tters related to the 
application of tariff quotas. 
Question 31 
Yemen notes that goods imported by the Minist ry of Agriculture and Irrigation for use in 
government agricultural and fishery projects a re exempt from tariff duties.  Could Yemen 
please provide details about these agricultural projects? 
Answer:  
Customs duty exemptions may be provided for pr ojects related to general agricultural services, 
subsistence farmers, and agricultural cooperatives.                                               
(d) Other duties and charges, specify ing any charges for services rendered 
Question 32 
We look forward to receiving the information that Yemen has promised on other duties and 
charges, and on fees and charges for services ren dered.  This information will be important so 
that market access negotiations can commence, and so that conformity of Yemen's policies with 
GATT Article VIII can be judged.  When does Yemen expect that this information will be 
available? 
Answer:  
Please refer to the response to Questions 28.  Fees and charges for services rendered will be submitted 
as soon as possible. WT/ACC/YEM/4 
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 Question 33 
We understand that information on other duties and charges, as well as on fees and charges 
levied on services rendered, will be provided at a later stage.  As this information will be 
important in order to fully assess Yemen's tariff regime, we would be interested in receiving it 
as soon as possible.   
Answer:
 
Please refer to the responses to Questions 27 and 28. 
Question 34 
We look forward to reviewing Yemen's complete list of current other duties and charges 
(ODCs) applied to imports.   We would encour age Yemen to remove all  ODCs  upon accession. 
Answer:  
Please refer to the response to Question 28.  
Question 35 
Do Yemen's ODCs apply to domestic products?  
Answer:  
Yemen's ODCs do not apply to domestic products. 
(e) Quantitative import restrictions 
Question 36 Can Yemen confirm that it will not adopt quant itative import restrictions in the future? 
Answer:
 
Yemen confirms its intention to comply with WTO provisions, including ma tters related to the 
adoption of quantitative import restrictions. 
Question 37 
Please provide the list of prohibited imports into  Yemen for religious, environment, health, or 
national security purposes. 
Answer:  
A list of prohibited imports into Yeme n will be submitted as soon as possible. 
Question 38 
We note that Yemen has undertaken to provide a lis t of prohibited imports at a later stage.  It 
would be helpful, in compiling this list, if Ye men could include in it details of the product 
affected, its tariff item number, the nature of  the prohibition/restriction, and its specific 
justification under the WTO agreements.  WT/ACC/YEM/4 
 Page 11 
 
 
 Answer:  
Please refer to the response to Question 37. 
Question 39 
A full assessment of Yemen's quantitative import restrictions will only be possible once the list 
of prohibited imports will be available.  We the refore look forward to receiving this information 
in the near future. 
Answer:  
Please refer to the response to Question 37. 
(f) Import licensing procedures 
Question 40 
We request that Yemen notify the WTO, under Article 1.4 of the Agreement on Import 
licensing procedures, that it has abolished its impo rt licensing system.  This notification will be 
required upon accession. 
Answer:  
Yemen will comply with the Agreement on Impor t Licensing Procedures, including notification 
requirements, upon accession. 
Question 41 
Concerning the system described in Annex 3, we would request that Yemen explain the 
requirements for obtaining a technical clearance for each of the product categories covered, and 
how those requirements might differ from ob taining a non-automatic import licence. 
Answer:  
Yemen issues technical clearances for some produc ts for security reasons and to protect human, 
animal and plant health.  These clearances represent a prior approval for importation by the competent 
authorities.  The requirements for obtai ning technical clearances are as follows: 
- Pesticides: 
− submission of a written request to the Ministry of Agriculture and Irrigation; and 
− payment of 0.2 per cent of the total import value for research and development purposes. 
- Plant Consignments: 
− submission of written request to the Ministry of Agriculture and Irrigation; 
− imported plants need to be consistent w ith the terms and technical specifications 
stipulated in the licence, upon arrival; and 
− attachment of a phytosanitary certificate issu ed by specialized technical body in the 
export country. 
- Seeds and Fertilizers: WT/ACC/YEM/4 
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 − submission of a written request to the Ministry of Agriculture and Irrigation; and 
− provision of documents indicating the terms and specifications, based on international 
standards, analysis and inspection certificat e and procedures, and any other relevant 
documents issued by an inte rnational specialized agency. 
- Explosives and Fireworks: 
− technical clearances for explosives intended to be used in development projects as well as 
fireworks are granted to resident, natural and legal entities, through the Ministry of 
Interior; 
− provision of financial deposit with a bank in  Yemen, to ensure the proper usage as 
prescribed in the licence; and 
− payment of 2 per cent of the total import value for inspection services. 
- Newspapers, Publications and Artistic Works such as Movies, Videos, Cassettes and other 
Artistic Works: 
− a written request to the Ministry of Information or Ministry of Culture and Tourism as 
applicable 
− the applicant needs to be a Yemeni national 
− the attachment of the following documents: 
− copy of the commercial registration or any other document related to commercial 
activity intended; and 
− approval of the principle publishing  or distributing newspaper's house. 
- Drugs and Medical Equipment 
− the Supreme Authority for Drugs and Medical  Equipment issues technical clearances for 
pre-registered; 
− importers to import drugs, medical equipm ent, laboratory items, medically-related 
cosmetics and chemical and laboratory items.  Such procedure of analysis, registration and monitoring applies to; and 
− locally produced items. 
Question 42 
Is the granting of 'technical clearance' on the products listed in Annex 3 automatic or 
discretionary? 
Answer:  
The issuance of "technical clearance" for the pr oducts listed in (MFTR, Annex 3) is considered 
discretionary by the competent authoritie s, in accordance with respective laws. 
(h) Customs valuation 
Question 43 
We request a copy of Yemen's existing Customs Law so that we may comment fully on its 
provisions.  WT/ACC/YEM/4 
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 Answer:  
Please see document WT/ACC/YEM/4/Add.1. 
Question 44 
Yemen describes its customs valuation system under the current Customs law as based on the 
Brussels Definition of Value.  This will conflict with the WTO Customs Valuation agreement.  
What plans does Yemen have to draft new legisl ation encompassing the necessary changes in 
appraisement methods? 
Answer:  
Yemen aims to reform its customs valuation system in accordance with the respective WTO 
Agreement, including legislative amendments, upon acce ssion.  A work program for that purpose will 
be prepared. However, Yemen needs an appropria te transitional period and technical assistance.  
Question 45 
Has Yemen begun work on a detailed work program for implementation of the WTO 
Agreement on Customs Valuation?   
Answer:  
Please refer to the response to Question 44. 
Question 46 
We would recommend that Yemen review similar work programs which other countries have 
notified to the WTO Committee on Customs Valu ation, including those of Jamaica (G/VAL/34), 
Senegal (G/VAL/39), and Tunisia (G/VAL/27). 
Answer:  
Yemen intends to benefit from similar work progr ams when establishing its own work program on the 
implementation of the Customs Valuation Agreement. 
Question 47 
We appreciate Yemen's efforts to respond to th e Valuation Questionnaire (Annex 4), but many 
of the responses will not be relevant after Yemen ab andons the Brussels Definition of Value.  
We would encourage Yemen to resubmit resp onses to the questionnaire once a new Customs 
law has been drafted using the WTO Valuation Agreement and the Interpretative Notes to the 
Agreement as the guiding principles. 
Answer:  
Please refer to the response to Question 44.  Ye men will endeavour to resubmit responses to the 
Valuation Questionnaire (MFTR, Annex 4), wh en legislative amendment is enacted. WT/ACC/YEM/4 
Page 14  
 
 Question 48 
We commend Yemen for those areas in which its responses to the Valuation Questionnaire 
describe articles in Yemen's Customs law that appe ar to be in full or partial conformity with 
certain provisions in the WTO Valuation Agreement.  We request further clarification on the following points: 
− Does Yemen's Customs Law ensure the right to  appeal without penalty to a judicial 
authority even if the initial panel of tw o experts makes a determination adverse to 
the importer, in accordance with articl e 11 of the WTO Valuation Agreement?   
− Regarding the written explanation in writing required by Article 16 of the WTO 
Valuation Agreement, may an importer re quest another more detailed explanation 
as to how the customs value was determined upon written request? 
Answer:  
According to the Yemeni Customs Law, in case of a dispute over customs valuation, the decision of a 
committee consisting of two experts, representing the Cu stoms Authority and the importer, is final, if 
agreed.  If this committee, however, is unable to settle the issue, the dispute is then referred to another 
committee which consists of a permanent commissioner  appointed by the Minister of Finance and two 
other members representing the Customs Authority  and the respective Chamber of Commerce and 
Industry.  That committee's decision is final and binding. 
Upon a written request, importers can obtain a detaile d written explanation on how the valuation of 
goods has been conducted. 
(i) Other customs formalities 
Question 49 
What efforts, if any, is Yemen taking to implement Trade Facilitation measures? 
Answer:  
In cooperation with the IMF during 1997-2000, Yemen has improved its customs procedures by 
facilitating and simplifying customs clearance me asures related to imported goods.  An electronic 
automatic system (ASYCUDA) is applied at the Customs Authority Headquarters, Sana'a 
International Airport, Al-Hudaida Seaport and Haradh Land port. As a result, time for customs 
clearance has been considerably reduced.   
(j)          Pre-shipment inspection 
Question 50 We welcome the information that Yemen is not currently operating a PSI regime. 
Answer:
 
Yemen confirms its compliance with the WTO provisions on PSI regime.  WT/ACC/YEM/4 
 Page 15 
 
 
 (k) Application of internal taxes on imports 
Question 51 Please provide a copy of Tables 1 and 2 that list the items subject to the "production, 
consumption, and service" tax. 
Answer:
 
Tables 1 and 2 of Law No. 70/1991 pertaining to Taxes on Consumption, Production and Services and 
its amendments are attached in Annex 2. 
Question 52 
From the information provided, we understand that currently, no Value Added Tax (VAT) 
exists in Yemen.  Are there any plans to move to such a system?   
Answer:  
A Value Added Tax (VAT) System is not applied in  Yemen.  However, within the context of the 
overall taxation reform, Law No. 19/2001 on General Sales Taxes would be introduced during 2004 to 
replace Law No. 70/1991 and its amendments pert aining to Taxes on Production, Consumption and 
Services. 
Question 53 We would be grateful if Yemen could confirm that there is no discrimination in any case 
between like domestic and imported goods for the purposes of internal taxation, and that national treatment is provided in all cases. 
Answer:
 
As a general principle, there is no discrimina tion between like domestic and imported goods for the 
purposes of internal taxation.  
(l) Rules of origin 
Question 54 Please provide a copy of Customs Law No. 14/1990,  in English, so we can better assess whether 
Yemen is compliance with the WTO Agreement on Rules of Origin.  We seek a commitment 
from Yemen that upon accession its laws and regulations on rules of origin, for both MFN and 
preferential trade, would be applied in conf ormity with the provisions of the WTO Agreement 
on Rules of Origin. 
Answer:
 
Please see document WT/ACC/YEM/4/Add.1.  Yemen w ill endeavour to apply rules of origin in 
conformity with the respective WTO Agreement, upon accession.  
Question 55 Does the European Community currently co unt as one entity for origin purposes? WT/ACC/YEM/4 
Page 16  
 
 Answer:
 
According to the Yemeni Customs Law, the origin of goods is their country of production.  However, 
the EC is considered as one entity for origin purposes if an individual country member is not 
identified as the origin of the goods. 
(m) Anti-dumping regime 
(n) Countervailing duty regime 
(o) Safeguard regime Question 56 While we note that Yemen is not applying countervailing duties, anti-dumping duties, and 
safeguard measures, has Yemen in the past taken any countervailing duties, anti-dumping 
duties or safeguard measures against imports from any country?  If so, can details be provided? 
Answer:
 
Yemen did not impose any countervailing duties, anti -dumping duties, or safeguard measures against 
imports from other countries, due to the lack of infrastructure and necessary mechanisms.  
Question 57 
Can Yemen provide more information on the co nditions according to the Customs Law where a 
countervailing duty might be applied?  For example,  how is it determined that "a country of 
origin provides direct subsidies to exports" or when "a country reduces the prices of its 
products in a matter that leads to the de pression of Yemen's domestic products"? 
Answer:  
Irrespective of the fact that Articles 12 and 13 of the current Customs Law re fer to such cases, these 
provisions have never been applied.  
Question 58 
As described in WT/ACC/YEM/3, the Yemeni customs laws regarding countervailing duties 
and safeguards do not seem to be in complia nce with the Agreement on Safeguards, the 
Subsidies and Countervailing Measures Agreement, or the Uruguay Round Agreement on 
Agriculture because the criteria for impo sing such duties are too vague.   
We request that Yemen circulate any draft laws prepared during the accession process on 
antidumping duties, countervailing duties or safeguard measures to the Working Party for review. 
We urge Yemen not to apply any safeguards on agriculture or other products prior to or after 
accession. 
Answer:
 
Please refer to the response to Question 57.  Ye men considers enacting legislation on anti-dumping 
duties, countervailing duties and safeguard measure s and establishing an implementing agency, in  WT/ACC/YEM/4 
 Page 17 
 
 
 accordance with WTO provisions, upon accession.  Ho wever, Yemen may require technical assistance 
for that purpose.  
Question 59 
When will legislation concerning anti-dumping , countervailing, and safeguard measures be 
enacted? 
Answer:  
Please refer to the response to Question 58.  
Question 60 
It is stated that currently Yemen is not applyi ng countervailing duties, anti-dumping duties and 
safeguard measures.  Can Yemen please confirm that it will abstain from using any such 
duties/measures before accession or enacting of appropriate WTO compatible TDI legislation? 
Answer:  
Please refer to the response to Question 58.  
Question 61 
Does Yemen intend to modify Articles 12 and 13 of Customs Law No. 14 of 1990 to ensure that 
trade remedies will only be applied in a ma nner consistent with the WTO agreements? 
Answer:  
Please refer to the response to Question 58.  
2. Export Regulation 
(f) Export financing, subsidy and promotion policies  Question 62 
It has been noted that Yemen's export prom otion program currently does not maintain any 
subsidies or financing policies on exports.  Howe ver, there is consideration to establish policies 
in these areas.  Could Yemen please provide further details on the types of subsidies and financing policies that are being considered?  
Answer:
 
Currently, there are no specific plans for subsidies or financing policies in the area of export 
promotion.  Yemen, as an LDC, confirms that e xport promotion programs, if introduced in the future, 
will be fully consistent with WTO provisions. 
Question 63 
We note that Yemen plans to establish policies in  this area, and if materialised, "they will be 
guided by WTO disciplines, upon accession."  Can Yemen please specify the products and 
sectors that could be affected, the levels of subsidy, and any plans to phase out subsidies before WT/ACC/YEM/4 
Page 18  
 
 accession?  Will any of the proposed subsidies be co ntingent in any way on local content as well 
as export performance? 
Answer:
 
Please refer to the response to Question 62.  
Question 64 
We would encourage Yemen not to impose any ex port subsidies upon accession, as this would 
run counter to the trend within the WTO, where th e elimination of export subsidies is already 
under negotiation. 
Answer:  
Please refer to the response to Question 62. (g) Export performance requirements Question 65 We note that currently Yemen does not have any export performance requirements nor 
subsidies for the industrial or agricultural sect or or its related exports but might consider 
future possibilities.  Can Yemen please confirm that it will not introduce any such schemes 
incompatible with WTO rules and that it will not have recourse to Arts 27, 28, 29 ASCM. 
Answer:
 
Yemen, as an LDC, confirms that it will intr oduce schemes compatib le with WTO rules. 
(h) Import duty drawback schemes 
Question 66 Please explain whether the import duty drawba ck scheme is operated in a manner consistent 
with guidelines outlined in Annex 2 of the Agreement on Subsidies and Countervailing 
Measures?   
Answer:
 
Yemen's import duty drawback scheme is operated in  a manner consistent with guidelines outlined in 
Annex 2 of the Agreement on Subsid ies and Countervailing Measures.  
3. Internal policies affecting foreign trade in goods  (a) Industrial policy, including subsidy policies Question 67 Yemen states that "there are no subsidy polici es for the industrial sector or industrial exports" 
but "the Government is studying certain possibili ties geared to promote and develop this sector, 
in conformity with the WTO provisions."  Some of the policies include establishing industrial 
zones to facilitate the foundation of small a nd medium enterprises and achieve economic  WT/ACC/YEM/4 
 Page 19 
 
 
 diversification.  Is it intended that there will be any payments, tax breaks and incentives to 
entities in industrial zones contingent on local content or export performance?   
Answer:  
Yemen affirms its endeavour to comply with the WTO provisions. 
Question 68 
We would appreciate further details on Yeme n's industrial policy.  Is Yemen providing 
assistance to industry to restructure? 
Answer:  
Please refer to the response to Question 67.  Cu rrently, industrial policy in Yemen has not been 
finalized yet, as more studies and technical assistance are needed in this respect.  
Question 69 With regard to "policies directed at encouragi ng and developing the industrial sector" in 
Yemen, please provide further details.   
Answer:
 
Please refer to responses to Questions 67 and 68.  It is noted that various aspects pertaining to the 
encouragement and development of the industrial s ector have been identified as general objectives. 
However, there are currently no specific plans to implement such objectives.  
(b) Technical regulations and standards 
Question 70 Yemen's Foreign Trade Memorandum indicates that the Yemeni Standardizations and 
Metrology Organization (YSMO) circulates dr aft standards/specifications within the 
government prior to approval and posts them  in several publications for five days. 
What is it that is publicized for five days?  Noti ce of availability of a draft?  Notice of decision 
on a final document?  The proposal itself? 
Answer:
 
Publication covers data on refere nce numbers of approved Yemeni St andards Specifications (technical 
regulations), titles, effective date of enforcem ent, and nominal cost to obtain the document. 
Question 71 
If it is the draft that is made public, is it publicized to solicit comments from all interested 
parties, whether foreign or domestic?  What obligation currently exists for authorities to 
consider comments received?  Is there a domestic process?  Is there an opportunity to appeal 
decisions?  Is there an obligation to disclose comments received?  WT/ACC/YEM/4 
Page 20  
 
 Answer:
 
The initial draft of the Yemeni Standards Specificat ions is distributed to competent entities, along 
with a "voting form" for their review and remarks.  If no replies are received within two months, the draft is considered acceptable.  In case replies indi cate rejection, they should be based on technical 
and economic justifications. 
Remarks are collected and entities which make substantive remarks ar e then invited to participate in a 
Technical Committee Meeting to reach an agreement in case of dissent. 
The draft standards specifications are forwarded to  the Main Committee concerned with the respective 
issues, together with additional background inform ation regarding the various opinions and remarks 
expressed by the different parties. 
The Main Committee studies the draft and, if ag reed upon, it is submitted to the Department for 
Committees' Follow-Up, within the Di rectorate for Specification.  However, if there are still further 
issues to be discussed, the Committee may return the draft to the T echnical Committee for review or 
may invite the Committee's Chairperson and Rappo rteur to discuss outstanding issues and reach an 
agreement on them.  
Question 72 Who determines whether a technical regulation is needed?  Is this the exclusive responsibility of 
YSMO and the Agriculture and Health Ministries. 
Answer:
 
The YSMO Board of Directors decides whether a technical regulation is needed, in close 
consultations with competent Ministries, such as the Ministry of Agriculture and Irrigation, the 
Ministry of Public Health and Population,  and other competent entities, as applicable. 
Question 73 
How does Yemen enforce technical regulations do mestically (e.g. for domestically produced 
goods)? 
Answer:  
Yemen enforces technical regulations domestically  through examining or inspecting factories, 
businesses, or warehouses, and sample-taking for the purpose of testing, checking, and analyzing to 
ensure their conformity with YSMO recognized Standards Specifications. 
Question 74 
YSMO appears to prohibit the export of good s not having a YSMO compliance certificate.  
What is the purpose of such a certificate?  To which standards and/or regulations is compliance 
verified? 
Answer:  
The Compliance Certificate is issu ed to ensure the quality of locally produced/exported goods and to 
enhance their competitiveness in foreign markets.   WT/ACC/YEM/4 
 Page 21 
 
 
 Question 75 
We request that Yemen complete the checklist on SPS and TBT measures (WT/ACC/8), and 
provide the Working Party with copies of the relevant laws and regulations.  WT/ACC/8 can serve as a guide to better understand the areas whe re Yemen is and is not already in compliance 
with the SPS and TBT Agreements.  
Answer:
 
The check-list on SPS and TBT measures can be found in document WT/ACC/YEM/5. 
Question 76 
When could information on technical regulations and standards in the format of the standard 
checklist (WT/ACC/8) be made ava ilable to the Working Party? 
Answer:  
Please refer to the response to Question 75. 
Question 77 
We look forward to receiving the check-list of illustrative TBT issues and Yemen's action plan 
for implementation of the TBT Agreement. 
Answer:  
Please refer to the response to Question 75.  An acti on plan would be prepared for the implementation 
of the TBT Agreement.  However, implementati on requires an appropriate  transitional period and 
technical assistance.  
(c) Sanitary and phytosanitary measures 
Question 78 
Could Yemen please explain in greater deta il the SPS measures that are applied against 
imports? 
Answer:  
Law No. 32/1999 regulates plant quarantine procedur es.  Imported plants are released upon the 
presentation of prior technical clearance, including re lated importation documents, i.e. phytosanitary  
and country of origin certificates, along with th e commercial invoice. YSMO assesses the conformity 
of animal and food products, fodder, agricultural a nd fishery produce, through procedural inspection, 
verification of attached documents, and product t esting, if necessary. Yemen, being a member of 
IPPC, applies such procedures on MFN basis. 
Question 79 
When could information on sanitary and phytosani tary measures in the format of the standard 
check-list (WT/ACC/8) be made available to the Working Party? WT/ACC/YEM/4 
Page 22  
 
 Answer:
 
Please refer to the response to Question 75. 
Question 80 
We look forward to receiving the checklist of illu strative SPS issues and Yemen's action plan for 
implementation of the SPS Agreement. 
Answer:  
Please refer to the response to Question 75.  An action plan for the implementation of the SPS 
Agreement will be prepared.  However, implemen tation requires an appropriate transitional period 
and technical assistance.  
(e) State-trading practices 
Question 81 
Can Yemen provide more details about the way in  which, and the reasons why, the government 
regulates trade in petroleum products?  Annex 6 merely repeats the very general statement contained in WT/ACC/YEM/3. 
Answer:
 
Petroleum products are distributed by the private sect or.  As a result of the national economic reform, 
crude oil is sold to local refineries and exported on  the basis of international prices, in accordance 
with new accounting arrangements' agreement that h as been prepared, approved, and implemented in 
cooperation with the International Monetary Fund si nce March 1999.  Yemen's Government organizes 
and oversees the domestic trade of locally produced petroleum products to determine the quantity of 
crude oil and its derivatives required for local cons umption.  Such organizational framework aims at 
conserving an exhaustible natural resour ce and rationalizing its utilisation.  
Question 82 
Can Yemen provide more detailed information on the manner in which it supervises trading in 
petroleum products, including as appropriate WT O justification for particular measures, and 
any plans to reform controls in this area? 
Answer:  
Please refer to the response to Question 81. 
(f) Free zones 
Question 83 We note that an Aden Free Zone (ADZ) has be en established.  Are any payments, tax breaks 
and incentives currently in place in the ADZ?  Are any payments, tax breaks and incentives 
permissible under the enabling legislation for f ree zones, Law No.4 of 1993 on Free Zones?  WT/ACC/YEM/4 
 Page 23 
 
 
 Answer:  
Incentives and privileges, under Law No. 4/1993 on Free Zones, including Aden Free Zone, are 
summarized as follows: 
− goods brought into the Free Zone, as well as  those manufactured therein and exported 
from there beyond the local market shall not be  subject to any import and export duties, 
fees or production taxes.  They shall also not be subject to customs measures; 
− all projects operating in the Free Zone sh all be exempted from taxes imposed on 
industrial and commercial profits and from in come tax for a period of 15 years from the 
date of granting the project licence.  The Authority may extend such exemptions for a period not exceeding ten years, upon a proposal by the Board and after the approval of the Council of Ministers; 
− salaries, wages, and remuneration of Non-Yemeni employees and workers, engaged in 
projects within the Free Zone, shall not be subject to income tax; 
− financial transactions that take place within the Free Zone, as well as between them and 
others outside Yemen, shall not be subject to exchange control provisions and measures; 
− projects shall have the right to transfer th eir capital and profits out of the Free Zone. 
Equally, Non-Yemeni employees and workers shall have the right to remit their salaries, wages, and the like out of the Free Zone; and 
− the project may be totally foreign owne d and may enjoy all the concessions and 
guarantees provided for by the law. 
Question 84 
Are any existing or planned payments, tax br eaks and incentives to entities in free zones 
contingent on local content or export performance? 
Answer:
 
Please refer to the response to Question 83. Cu rrently, there are no payments, tax breaks and 
incentives provided to entities operating in free z ones contingent on local content or export 
performance. 
Question 85 
Please explain whether the Government of Yemen intends to offer export-related incentives to 
companies operating in the free zones?  If so, explain what types of incentives will be offered, 
and will they be contingent upon exportation? 
Answer:  
Please refer to the responses to Questions 83 and 84. 
Question 86 
Please confirm whether or not al l free zones will be subject to the coverage of Yemen's future 
commitments as a WTO Member. 
Answer:  
Yemen confirms that free zones will be subject to the coverage of Yemen's future commitments as a 
WTO Member. WT/ACC/YEM/4 
Page 24  
 
 (l) Government procurement practices 
Question 87 Does Yemen plan to join the Gov ernment Procurement Agreement? 
Answer:
 
Yemen does not plan to join the Government Procurement Agreement. Question 88 We request copies of Yemen's relevant laws and regulations on government procurement. 
Answer:
 
Please see document WT/ACC/YEM/4/Add.1. 
4. Policies affecting foreign trade in agricultural products 
(b) Exports 
Question 89 Yemen states it will abide by the rights and ob ligations of LDCs within the framework of the 
Agriculture Agreement upon accession.  To wh ich "rights and obligations" specifically is 
Yemen referring? 
Answer:
 
This reference was meant to reinforce Yemen's comm itment, as an LDC, to the rights and obligations 
of the WTO Agreement on Agriculture, upon accession. 
Question 90 
We expect that Yemen will neither introduce no r enhance existing policies identified by the 
Agreement on Agriculture as trade distorting.  We note that Yemen does not provide subsidies 
on agricultural exports.  At Doha, Ministers agree d to phase out all forms of export subsidies. 
We expect all prospective members to commit to  zero agricultural export subsidies on accession 
to the WTO.  Is Yemen able to confirm that it  will commit to a zero binding on agricultural 
export subsidies? 
Answer:  
Yemen confirms that it will consider the agreemen t to be reached within  the WTO on agricultural 
export subsidies' negotiations to the extent  it is relevant to Yemen, as an LDC. 
Question 91 
As Yemen currently has no export subsidies, we expect that Yemen would not enact any.  Such 
an action would run counter to the trend within the WTO, where the elimination of export subsidies is already under negotiation.   WT/ACC/YEM/4 
 Page 25 
 
 
 Answer:  
Please refer to the response to Question 90. 
(c) Export prohibitions and restrictions 
Question 92 What types of restrictions on agricultural exports does Yemen impose "for environmental 
considerations"?  What exactly are Yemen's "e nvironmental considerations"?  Please also 
explain what is meant by restrictions "for the purpose of maintaining good reputation of 
Yemeni agricultural policies"?  What types of  restrictions are imposed for this purpose? 
Answer:
 
Please refer to the response to Question 74.  There are no restrictions imposed on agricultural exports.  
What was being referred to as "for environmental considerations" refers to preserving the natural 
resources by discouraging the export of charcoal to  protect trees from mass lumbering and the spread 
of desertification, as well as some rare birds and animals.  "Maintaining good reputation of Yemeni agricultural policies" refers to ensuring the qua lity of Yemeni exports, through a compliance 
certificate. 
(e) Internal policies Question 93 Yemen states that the state-owned Agricultural Credit Bank grants loans to farmers.  Are these 
loans issued at market interest rates?  If  not, on what terms are loans granted? 
Answer:
 
Interest rates have been liberalized in Yemen si nce 1996; hence, loans issued by the Cooperative and 
Agricultural Credit Bank have become subject to market interest rates. 
Question 94 
Yemen has stated that it provide certain governme nt support for agricultural activities.  Please 
provide more specific information about the types of programs that Yemen provides.  
Specifically, how does Yemen "encourage agricultu ral production to achieve higher levels of 
food supplies" and what types of programs "enhance rural development and poverty 
alleviation"?  How does Yemen "develop and promote agricultural exports" or "finance the 
infrastructure needed for marketing agricultural products"? 
Answer:  
Promoting agricultural production in Yemen represents  a long-term objective within the framework of 
Poverty Reduction Strategy and Food Security.  This objective has not materialized yet.  However, in 
case of establishing specific policies/ programs, Yeme n will observe the respective WTO provisions.    WT/ACC/YEM/4 
Page 26  
 
 Question 95 
In section IV part 4 (e), Yemen states that it provides financing for infrastructure needed to 
market agricultural products.  Could Yemen pl ease detail the structure and nature of these 
infrastructure programs, and the products  that benefit from such assistance? 
Answer:
 
Please refer to the response to Question 94. 
Question 96 
In section IV part 4 (e), Yemen states that it  aims to increase food supplies by encouraging 
agricultural production and introducing mod ern technology.  Could Yemen please provide 
details on the policies used to achieve this objective? 
Answer:  
Please refer to the response to Question 94. 
Question 97 
Could Yemen please detail policies aimed at develo ping and promoting agricultural exports, as 
mentioned in section IV part 4 (e)? 
Answer:  
Please refer to the response to Question 94. 
Question 98 
Please provide more information to the Working Party on agricultural support policies in the 
format of the WT/ACC/4 document.   
Answer:  
Information on agricultural support policies will be submitted, in the format of the WT/ACC/4 
document, as soon as possible.  
Question 99 
We would encourage Yemen to submit draft Dom estic Support Tables as soon as practicable.  
These should conform to WT/ACC/4 in form and content.  In particular, could Yemen please 
ensure that data is drawn from the most recent,  representative three year period, and that data 
sources are included? 
Answer:  
Please refer to the response to Question 98.  Yeme n will endeavour to provide data from the most 
recent available years.  WT/ACC/YEM/4 
 Page 27 
 
 
 V. TRADE-RELATED INTELLECTUAL PROPERTY REGIME 
1. General Question 100 What actions will Yemen take to make its Inte llectual Property regime TRIPS-compliant and to 
better protect IP rights? 
Answer:
 
Yemen endeavours to review its Law on Intellect ual Property Right to comply with the TRIPS 
Agreement and to strengthen the performance of rela ted agencies concerned with intellectual property 
aspects.  However, compliance and enforcemen t will constitute an additional financial and 
administrative burden which requires an appropriate  transitional period and technical assistance.  
Question 101 What is the nature and extent of technical assistan ce that Yemen is seeking to enable it to fulfil 
its IP obligations? 
Answer:
 
Technical assistance represents a primary prerequisite  to enable Yemen to execute its obligations in 
the field of intellectual property rights, inter alia , to: 
− review and update legislation on intellectual pr operty rights in order to comply with the 
TRIPS Agreement; 
− establish, enhance and modernize the IPR departments, and build up their human, 
institutional and enforcement capacity, as well as provide the necessary tools and 
equipment; 
− familiarization visits organized for personnel involved in IPR issues to help them both, 
acquire state-of-the-art skills in the fiel d and get access to the most sophisticated 
knowledge, especially with a view to pr otecting and enforcing such rights; and 
− training and awareness-raising activities designed to address the respective IPR-related 
implementing authorities, needs such as the Judiciary, Customs, and the Prosecution 
Authorities. 
Question 102 
What are Yemen's plans regarding accession to rel evant intellectual property treaties, including 
the Paris Convention for the Protection of I ndustrial Property, the Berne Convention for the 
Protection of Literary and Artistic Works, the Brussels Convention Relating to the Distribution 
of Programme-Carrying Signals Transmitted by Sa tellite, the International Convention for the 
Protection of New Varieties of Plants, the WI PO Copyright Treaty, the WIPO Performances 
and Phonograms Treaty, and the Patent Cooperation Treaty? 
Answer:  
Yemen's accession to such agreements shall l ead to additional financ ial, institutional and 
administrative burdens, which exceed Yemen's ab ility in that respect.  However, Yemen will 
endeavour to study the relevant agreements related to TRIPS and the feasibility of accession to the 
same. WT/ACC/YEM/4 
Page 28  
 
 2. Substantive standards of protection, incl uding procedures for the acquisition and 
maintenance of intellectual property rights 
(a) Copyright and related rights Question 103 Article 120 of the 1994 Copyright Law provides fo r TRIPS-consistent national treatment for 
non-nationals living outside Yemen, but it does no t explicitly grant national treatment to non-
nationals living in Yemen.  How does Yemen in tends to fully meet the obligation of TRIPS 
Article 3 regarding national treatment? 
Answer:
 
Yemen intends to fully meet the obligation of Ar ticle 3 of TRIPS regardi ng national treatment, upon 
accession. 
Question 104 
TRIPS Article 9, incorporating Articles 1-21 of the Berne Convention, provides, inter alia,  that 
works that have not yet fallen into the public domain in their country of origin must be 
protected in a Member state.  It is not clear how Yemen implements the requirements of 
Article 18 of the Berne Convention, incorporated  into the TRIPS Agreement through Article 9, 
in the 1994 Copyright Law.  Please explain. 
Answer:  
Article 9 of the TRIPS Agreement will be taken into consideration, within th e framework of revising 
the Yemeni IPR Law. 
Question 105 
TRIPS Article 9, incorporating by reference Article 12 of the Berne Convention, provides that 
authors shall have the exclusive right of authorizing adaptations, arrangements and other alterations of their works.  Yemeni Article 16 seems to permit unauthorized and uncompensated adaptations of works for the purpose of making an independent new work.  This is the kind of 
work contemplated by Berne Article 12.  Please  explain how Yemen intends to implement this 
obligation. 
Answer:
 
It seems that the English translation of the Yeme ni IPR Law has confused the two different terms 
"adaptation" and "quotation" which are used in the original Arabic version.  Article 16 does refer to 
"quotation" and not to "adaptation".  Yemen wants to draw your atten tion to Article 3.4 of the current 
Yemeni IPR Law which protects the aut hors' rights in case of ‘adaptation'. 
Question 106 TRIPS Article 9, incorporating by reference Article 5(2) of the Berne Convention, prohibits 
formalities for the enjoyment and exercise of copy right.  Chapter III, Articles 35-37, of the 
Yemeni Copyright Law provides for a mandatory registration procedure of the kind prohibited 
by Article 5 of the Berne Convention.  Please explain how Yemen intends to implement this 
obligation.  WT/ACC/YEM/4 
 Page 29 
 
 
 Answer:  
Please refer to the response to Question 104.  Yemen's Law on Intellectual Property Right grants the 
enjoyment and exercise of copyrights.  Nevertheless , within the framework of revising the IPR Law, 
Yemen will seek compliance with TRIPS Article 9. 
Question 107 
TRIPS Article 10 provides that computer programs, whether in source or object code, shall be 
protected as literary works, and that compilations of data be protected as well.  Please explain 
how Yemen intends to implement these obligations, particularly in light of Article 4(a) which expressly excludes compilations from copyright ability. 
Answer:
 
Within the framework of revising the IPR Law, Yemen would include the protection of computer 
programs and compilations of data in accordance with Article 10 of the TRIPS Agreement.  
Question 108 
TRIPS Article 11 provides that Members must pr ovide rental rights at least with respect to 
computer programs and cinematographic works (wh ere there is widespread copying).  Please 
explain how Yemen intends to implement this obligation. 
Answer:  
Yemen protects cinematographic works and their licensing for broadcast in  accordance with their 
respective rental contracts.  However, within th e framework of revising the IPR Law, Yemen would 
provide rental rights for computer programs and ci nematographic works in accordance with Article 11 
of the TRIPS Agreement.  
Question 109 TRIPS Article 12 establishes a term of protecti on of life plus 50 years (or 50 years from 
creation) for all copyrighted works, other than photographic works (and applied art.  Current 
Yemeni copyright law provides for significantl y shorter period for works in Article 24 (30 
years) and for cinematographic works in Article 25 (25 years).  In addition, TRIPS Article 14.4 
provides for a period of at least 20 years for pr otection of broadcast;  Yemeni Art. 27 provides 
for only two-three years for broadcasts.  While  we strongly recommen d that all works and 
subject of neighbouring rights be granted life pl us 70 years (the international trend), the terms 
of protection provided under TRIPS is the minimum.  Please explain how Yemen intends to implement this obligation. 
Answer:
 
Within the framework of revising the Law on Intelle ctual Property Right, Yemen would endeavour to 
comply with Articles 12 and 14 of the TRIPS Agreement. 
Question 110 
How does Yemen protect performances?  TRIPS Ar ticle 14.1 provides for the right to authorize 
fixation of unfixed performances, reproduction of such fixation, broadcast by wireless means WT/ACC/YEM/4 
Page 30  
 
 and communication to the public of their live pe rformances.  Please explain how Yemen intends 
to implement this obligation. 
Answer:
 
Please refer to the response to Question 109.  Curr ently, Articles 3 and 13 of the Yemeni Law on 
Intellectual Property Right protect and enforce performances rights and their utilization. 
Question 111 TRIPS Article 14.2 and Article 14.3 provide for ri ghts of producers of phonograms to authorize 
or prohibit the direct or indirect reproduction of their phonograms and the rights of broadcasting organizations to prohibit unauthorized fixation, reproduction of fixation, re-broadcasting by wireless means of broadcasts a nd communication to the public, respectively.  
Please explain how Yemen intends to implement these obligations. 
Answer:
 
Please refer to the responses to Questions 109 and 110.  
(b) Trademarks, including service marks 
Question 112 
It appears that the current trademark law of Yemen may limit the universe of products and/or 
services eligible for protection as trademarks/s ervice marks.  What products, if any, are 
excluded as subject matter eligible for protection as trademarks?  What services, if any, are excluded as subject matter eligible for protection as service marks?  If any products and/or 
services are so excluded, could an explanation please be provided regarding the consistency of 
such exclusion with the requirements of Article 15(4) of the TRIPS Agreement? 
Answer:
 
The Yemeni Law on Intellectual Property Right enables products and/or services to be protected as 
trademarks/services marks, except those contradicting public order or morality. 
Question 113 
May an individual (a natural person) apply for a trademark registration?  May an individual (a 
natural person) own a registered trademark? 
Answer:  
An individual (a natural person) who practices commercial, industrial or service activity, may apply 
for a trademark registration, and may own a register ed trademark by the assignment of the registered 
trademark owner. 
Question 114 
What factors are considered in determining if a mark is a so-called "known mark"?  WT/ACC/YEM/4 
 Page 31 
 
 
 Answer:  
Yemeni existing IPR Law does not specify factors to determine if a mark is a so-called "known 
mark".  
Question 115 
Is use of the mark in Yemen required before a trademark may be registered? 
Answer:  
The use of the mark in Yemen is not required before a trademark may be registered.  
Question 116 
Is it required to record a trademark licence agreement with Yemeni authorities?  Can a licensee 
initiate a trademark infringement case?   
Answer:  
Yes, it is required to record a trademark licence agreement with Yemeni authorities.  
Yes, a licensee can initiate a trademark infringement case. 
(c) Geographical indications, including appellations of origin 
Question 117 
We understand that Yemen does not yet have in tellectual-property laws dealing specifically 
with geographical indications.  However, WT O Members handle geographical indications in 
many ways and can provide TRIPS-consistent le vels of protection for geographical indications 
without the need for specific laws.  The following  questions therefore take into account the fact 
that Yemen does not have laws which specifi cally identify geographical indications. 
− How may the owner of a foreign geographica l indication (GI) obtain protection of 
the GI in Yemen? 
− What are the legal means offered by Ye men which permit interested parties to 
object to misleading use of a geographical indication? 
Answer:  
Within the framework of revising the Law on In tellectual Property Right, Yemen will include the 
protection of geographical indications.  However, Yemen needs an appropriate transitional period and 
technical assistance in this respect.  
(d) Industrial designs Question 118 How does the law of industrial designs distinguis h the subject matter of industrial designs from 
trademarks that consist solely of a design?   WT/ACC/YEM/4 
Page 32  
 
 Answer:
 
The Law on Intellectual Property Right differentiate s between trademarks and industrial designs, as 
each has its distinctive and special registration.  Article 85 of the law states that a trademark shall consist of one or more elements, whether a drawi ng, character, form, three-dimensional object or any 
other element.  Article 103 of the law states that an  industrial design shall mean any original form that 
is characterized by novelty and serves to give a lin e of industrial production a distinctive ornamental 
appearance by using a particular composition of li nes or colours or selecting a particular form, 
whether by machine, by hand or chemically. 
Question 119 
Is it possible, in Yemen, to register a design as a trademark? 
Answer:
 
Please refer to the response to Question 118.  Ho wever, it is unlikely to register a design as a 
trademark, as each has its own distinctive definition and registration process. 
Question 120 
How does the law of industrial designs addres s the situation where an applicant's design 
incorporates the trademark - or geographical indication - of a third party? 
Answer:  
Yemeni IPR Law stipulates that an industrial desi gn must be distinctive and novel, for registration 
purposes.  The industrial design application is subj ect to examination, and a decision for either 
acceptance or refusal is taken on the gro unds of meeting substantive conditions. 
The court may revoke the registration of an industrial design, if:  
− substantive conditions for the registration of an industrial design are not met; or 
− the holder of the certificate has usurped elemen ts of other intellectual property right(s). 
Question 121 
Article 110 of Yemen's law, referring only to th e use of a registered design, does not appear to 
provide for all exclusive rights set out in TRIPS Article 26(1).  Further, it is not clear that Art. 110 extends the exclusive rights to articles bearin g or embodying a design which is substantially 
a copy of the protected design.  Explanation is requested. 
Answer:
 
Yemen will take into account Article 26.1 of the TR IPS Agreement, within the framework of revising 
the Law on Intellectual Property Right.  
Question 122 
Article 111 of Yemen's law does not provide the minimum ten year period of protection for 
industrial designs required by TRIPS Article 26(3).  What are Yemen's plans to bring its law on 
industrial designs into conformi ty with the TRIPS Agreement.  WT/ACC/YEM/4 
 Page 33 
 
 
 Answer:  
Yemen will take into account Article 26.3 of the TR IPS Agreement, within the framework of revising 
the Law on Intellectual Property Right.  
(e) Patents 
Question 123 
It is not apparent that Article 58(1) of Yemen's law is consistent with TRIPS Art 27(1) as to 
patentable subject matter and all of the requirem ents for patentability.  Further, Article 65(2) 
of Yemen's law appears to be inconsistent with  TRIPS Arts. 27(1)-(3) in that certain fields of 
technology appear to be excluded from patentability (see TRIPS Art 27(1) particularly).  Please 
note that the exceptions to patentability in Arti cle 65(2)(a)-(c) do not appear to be consistent 
with those permissible under TRIPS Article 27(3)(a)-(b)).  Explanation is requested.   
Answer:  
Yemen will take into account Article 27 of the TR IPS Agreement, along with public order or morality 
protection provisions, within the framework of revising the Law on Intellectual Property Right.   
Question 124 
Article 59(1) of Yemen's law, that mentions anticipation "by way of use" and Article 59(2) of 
the Law, discussing novelty relating to "the ess ence and not secondary elements of the subject 
matter" render it unclear what sort of activity may destroy novelty for an invention.  Please 
explain how the novelty requirement is  applied under Yemeni patent law. 
Answer:  
The Law on Intellectual Property Right considers an invention as novel and patentable if the 
following requirements are met: 
− it has not been used before; 
− novelty has to be related to the essence of th e invention and not to secondary elements of 
the subject matter; and 
− inspection of the invention to ensure  its novelty and its effective utility. 
However, no invention patents have been granted so far in Yemen due to the non-availability of 
infrastructure and technical capab ilities needed for such purpose. 
Question 125 
Article 65(1) of Yemen's law relating to the Yeme ni social order and Islamic law, appears overly 
broad with respect to exclusions from pate ntability permitted under TRIPS Article 27(2).  
Explanation is requested. 
Answer:  
Please refer to the response to Question 123.  Howe ver, Yemen believes that exemptions contained 
under Article 65.1 of the Yemeni Law on Intellectua l Property Right are compatible with Article 27.2 
of the TRIPS Agreement, which allows for the ex cludability of inventions from patenting for the 
protection of public order or morality.  WT/ACC/YEM/4 
Page 34  
 
 Question 126 
The nature and scope or extent of "secret invent ions" referred to in Article 73(1) of Yemen's 
law is unclear.  Explanation is requested. 
Answer:
 
The Yemeni Law on Intellectual Property Right indicates that "secret inventions" are not to be 
registered in the patent registrar.  However, this provision is not applied due to non-existence of such 
cases.  
Question 127 
Article 77(2) of Yemen's law does not provide the minimum twenty year term of patent 
protection required by TRIPS Article 33.  Further, Article 77(2) of Yemen's law does not 
provide a patent owner with all of the exclusiv e rights required by TRIPS Article 28(1) (a) and 
(b).  What are Yemen's plans to bring its patent law into conformity with the TRIPS 
Agreement? 
Answer:  
Yemen will take into account Article 28.1 (a) and (b ) and Article 33 of the TRIPS Agreement, within 
the framework of revising the Law on Intellectual Property Right.  
Question 128 
Regarding Article 81 of Yemen's law, it is no ted that TRIPS Art. 31(a)-(l) requires certain 
limitations on the use of compulsory licenses.  These limitations do not appear to be present in 
the Law.  Explanation is requested. 
Answer:  
Within the framework of revising the Law on Intelle ctual Property Right, compulsory licensing would 
be reflected in compliance with Article 31 of  the TRIPS Agreement and the General Council's 
Decision on TRIPS and public health.  
Question 129 
TRIPS Article 34 provides for reversal of the burde n of proof in process patents.  Yemen's law 
does not appear to address these TRIPS requireme nts.  What are Yemen's plans to bring its 
patent law into conformity with the TR IPS Agreement in this and other respects? 
Answer:  
Yemen will take into account Article 34 of the TR IPS Agreement, within the framework of revising 
the Law on Intellectual Property Right.  
(f) Plant variety protection 
Question 130 
What are Yemen's plans to adopt legislation for the protection of plant varieties?  Does Yemen 
intend to adhere to the 1991 UPOV Convention?   WT/ACC/YEM/4 
 Page 35 
 
 
 Answer:  
Within the framework of revising the Law on Inte llectual Property Right, Yemen will endeavour to 
include the protection of plant varieties in acco rdance with the TRIPS requirements.  However, 
Yemen needs an appropriate transitional period and technical assistance in this respect. 
(g) Layout designs of integrated circuits 
Question 131 
What are Yemen's plans to adopt legislation for the protection of layout designs of integrated 
circuits? 
Answer:  
Within the framework of revising the Law on Inte llectual Property Right, Yemen will endeavour to 
include the protection of layout designs of integrated  circuits.  However, Ye men needs an appropriate 
transitional period and technical assistance in this respect. 
(h) Requirements on undisclosed information 
Question 132 What are Yemen's plans to adopt legislation fo r the protection of undisclosed information, 
including trade secrets and test data?   
Answer:
 
Within the framework of revising the Law on Inte llectual Property Right, Yemen will endeavour to 
include the protection of undisclosed information, including trade secrets and test data.  However, 
Yemen needs an appropriate transitional period and technical assistance in this respect. 
3. Measures to control abuse of intellectual property rights 
Question 133 
Please explain how Article 81 of the Intellectual Right Law, which appears to provide for use 
without the authorization of the rights holder,  is consistent with the TRIPS Agreement, in 
particular Article 31 of the TRIPS Agreement.   
Answer:  
Please refer to the response to Question 128. 
Question 134 
Please explain how Article 4 of the Law on Comp etition Promotion and Prevention of Monopoly 
and Trade Deception is consistent with the TRIPS Agreement. 
Answer:  
Yemen believes that Article 4 of the Law on Prom otion of Competition, Prevention of Monopoly and 
Commercial Deception Prevention is consis tent with the TRIPS Agreement.  WT/ACC/YEM/4 
Page 36  
 
 Question 135 
If these provisions are not consistent with the TRIPS Agreement, please explain how Yemen 
intends to bring them into compliance with the TRIPS Agreement. 
Answer:
 
Please refer to the response to Question 134.  4. Enforcement  (a) Civil judicial procedures and remedies Question 136 Are specific procedures in place under the law granting judicial authorities the authority to 
order production of evidence from parties to a di spute, subject to the protection of confidential 
information in appropriate cases? 
Answer:
 
Please refer to the response to Question 132.  It should be noted that the Yemeni Evidence Law 
provides for the protection of confidential informa tion and allows judges not to issue an order to 
present objects of evidence, if the holder has a legiti mate interest in declining such presentation.  
Question 137 Do judicial authorities have the authority to grant injunctive relief, which may consist of 
ordering a party to desist from infringement or to prevent the entry into the channels of 
commerce in their jurisdiction of imported goods th at involve the infringement of an intellectual 
property right upon customs clearance of such goods?  
Answer:
 
According to Article 115 of the Yemeni Law on Inte llectual Property Right, an injunctive relief is 
provided upon the request made by person(s) concerned, through: 
− relief by publication of the infringement in  newspapers or in any other manner; 
− seizure of products, goods, containers, docum ents and  any other objects on which the 
design or mark was put or which was used for imitation or counterfeiting; 
− confiscation of such objects, the sale yields of which shall be deducted from any damages 
or fines; 
− destruction of such objects when necessary; and 
− an order to stop the infringer using the mark in the future. 
Question 138 
Are specific remedies for copyright and neighbouring right infringement set forth in the law?  If 
so, do such remedies include damages, recovery  for lost profits, and permanent injunctive 
relief?  WT/ACC/YEM/4 
 Page 37 
 
 
 Answer:  
Article 124 of the Law on Intellectual Property Ri ght includes specific remedies for intellectual 
property right infringements,  including imprisonment for a period not exceeding six months or a fine 
of not less than YR 10,000 without prejudice to any stricter penalty or the right to claim damages. 
Question 139 
Are specific remedies for trademark and service mark infringement set  forth in the law?  If so, 
do such remedies include damages, recovery of lost profits, and permanent injunctive relief? 
Answer:  
Please refer to the response to Question 138.  Article 116 of the Yemeni Law on Intellectual Property 
Right states the following: 
− the holder of the registration certificate  may  also request  compensation for any damage 
suffered as a result of infringement of the prot ection accorded to the design or mark; and  
− the judicial authorities may appoint an expert to assess the profits made by the illicit use 
of the design or mark and may order to have them seized. 
Question 140 
Are specific remedies for infringements involving  geographical indications, patents, industrial 
designs, plant varieties, or integrated circuits, or for the misuse of confidential information or 
trade secrets, set forth in the law?  If so, plea se provide details as to the specific enforcement 
remedies and procedures contained therein. 
Answer:  
Please refer to the response to Question 138.  Artic le 114 of the Law on In tellectual Property Right, 
which includes specific remedies for infringements involving industrial designs and registered trademarks.  Within the framework of revising the Law on Intellectual Property Right, Yemen will 
endeavour to include specific remedies for infri ngements involving geographic indications, patents, 
rights to plant varieties and integrated circuits, misuse of confidential information, as well as trade 
secrets, in accordance with the TRIPS Agreement.  
Question 141 
Does Yemen law comply with the requirements of  provisional measures according to TRIPS 
Article 50? 
Answer:
 
The Yemeni Law on Intellectual Property Right includes temporary measures consistent with 
Article 50 of the TRIPS Agreement. Within th e framework of revising the Law on Intellectual 
Property Right, Yemen will endeavour to comply with Article 50 of TRIPS Agreement.  WT/ACC/YEM/4 
Page 38  
 
 (b) Provisional measures 
Question 142 Is a rightholder able to apply for such provisional  measures by means of an ex parte procedure, 
either with the court or the Department of Intelle ctual Property in the Ministry of Culture?   
Answer:
 
A right holder may request such measures by mean s of an ex parte procedure through the court 
system. 
Question 143 
Within what period of time must a rightholder, after obtaining such administrative or court 
seizures, apply to judicial auth orities for the confiscation of seized products, goods, or other 
items, or in the case of literary or artistic works, the seized infringing or illegal copies? 
Answer:  
According to the Procedures and Civil Enforcement Law, the holder of a temporary lien must bring a 
case to prove the lien within eight days; otherwise such lien would be considered null and void.  
Question 144 
Please specify if enforcement procedures as sp ecified in Part III of the TRIPS Agreement 
(TRIPS) are or will be available under Yemen la w.  Does Yemeni law comply with TRIPS 
Articles 42 through 49 concerning the organization of civil and administrative procedures?   
Answer:  
Yemen believes that the administrative and civil procedures available under the Law on Intellectual 
Property Right and the Procedures and Civil Enforc ement Law, are consistent with Articles 42 
through 49 of the TRIPS Agreement.  
(c) Any administrative procedures and remedies 
Question 145 How are such field inspections initiated, sua sponte , on request/complaint of a rightholder, or by 
either or both means? 
Answer:
 
Field inspections are initiated on the basis of a complaint filed by the right holder with the IPR 
Department, together with information and data a ttached thereto, as well as material evidence proving 
the infringement.  
Question 146 
Are there published regulations by the Department  of Intellectual Property on the procedures 
in connection with such field inspections, and the fees involved, if any?  WT/ACC/YEM/4 
 Page 39 
 
 
 Answer:  
There are no published regulations by the Departme nt of Intellectual Property on the procedures in 
connection with such field inspections. 
Question 147 
Please specify if enforcement procedures as sp ecified in Part III of the TRIPS Agreement 
(TRIPS) are or will be available under Yemen la w.  Does Yemeni law comply with TRIPS 
Articles 42 through 49 concerning the organization of civil and administrative procedures? 
Answer:  
Please refer to  the response to Question 144. 
Question 148 
How does the Government of Yemen currently ensure that all law enforcement agencies, 
including police, prosecutors, customs author ities, and relevant ministries coordinate 
intellectual property rights protection and enforcement? 
Answer:  
The relationship between executive and judiciary author ities is based on close an d full coordination in 
order to ensure the effective enforcement of the Law at all national court levels.  Yemen endeavours 
to engage all law enforcement agencies, including police, general prosecutors, customs authorities, 
and other relevant ministries to coordinate the protection and enforcement of intellectual property 
rights.  However, technical assistance and capac ity building is needed for such enforcement. 
(d) Any special border measures  
Question 149 
How does the Government of Yemen plan to  comply with the requirements of TRIPS 
Articles 51 through 60? 
Answer:  
Yemen believes that the Law on Intellectual Property Right and the Customs Law are in compliance   
with most requirements of Articles 51 through 60 of the TRIPS Agreement.  
(e) Criminal procedures Question 150 In WT/ACC/YEM/3 at page 31, 4(e), it is said that the Intellectual Rights Law Punishes 
intentional infringement acts with imprisonment  for a period not exceeding six months, or by a 
fine not less than YR 10,000. 
− Are these possible punishments under  the law mutually exclusive? 
− Are either calculated to be sufficient to provide a deterrent? 
− Are they consistent with the level of pena lties applied for crimes of a corresponding 
gravity as required by TRIPS Article 61? WT/ACC/YEM/4 
Page 40  
 
 Answer:
 
Yes, Yemen believes that: 
− the two penalty options of fines or imprisonm ent, contained in Article 124 of the Law on 
Intellectual Property Right are mutually exclus ive, i.e. optional to the judge to choose 
either;  
− either of these two penalties is considered to be sufficient to provide a deterrent.  The fine 
penalty referred to represents the minimum limit, i.e. the law did not specify a maximum 
limit and left it to the judge to decide the leve l of the fine penalty based on the nature and 
gravity of the infringement; and 
− such punishments are consistent with the level of penalties applied for crimes of a 
corresponding gravity as required by TRIPS Article 61, without prejudice to any stricter sanctions provided for other existing Laws.  
Question 151 
In WT/ACC/YEM/3 at page 31, 4(e), it is said that the Law of the Press and Publications 
punishes any one who commits any violation cov ered by the law with a fine not exceeding 
YR 10,000, or by imprisonment for a period not exceeding one year.  
− Are these possible punishments under  the law mutually exclusive? 
− Are either calculated to be sufficient to provide a deterrent? 
− Are they consistent with the level of pena lties applied for crimes of a corresponding 
gravity as required by TRIPS Article 61? 
Answer:
 
Yes, Yemen believes that: 
− the two penalty options of fines or impris onment contained under Article 104 of the Law 
of the Press and Publication, are mutually excl usive, i.e. optional to the judge to choose 
either; 
− either of these two penalties is considered to be sufficient to provide a deterrent in 
additional to supplementary punishme nts referred to in answer 152; and 
− such punishments are consistent with the level of penalties applied for crimes of a 
corresponding gravity as required by TRIPS Article 61 without prejudice to any stricter 
sanctions provided for under other existing Laws.  
Question 152 
In WT/ACC/YEM/3 at page 31, 4(e), it is said that the listed sanctions are without prejudice to 
any stricter sanctions provided for in another law.   Does any provision of the Intellectual Rights 
Law, or the Law of the Press and Publications, or any regulation issued by the appropriate 
judicial or administrative authority governing criminal procedures and penalties in cases of 
wilful trademark counterfeiting or copyright piracy on a commercial scale, or any other intellectual property right, provide for the seizure , forfeiture and destruction of the infringing 
goods and of any materials and implements the predominant use of which has been in the 
commission of the offence as required by TRIPS Article 61?  WT/ACC/YEM/4 
 Page 41 
 
 
 Answer:  
Beyond fines and imprisonment, the Law on Intelle ctual Property Right provides for supplementary 
punishments, such as the seizure, confiscation, and disposal of goods that use either counterfeited 
designs or marks, or have been imitated or forged , in addition to the prohibition of any further usage 
of that mark by the infringer. 
The Press and Publication Law contains supplem entary punishments and temporary procedures 
pertaining to forged works, such as the closure of  printing shops, publishing houses, or outlets dealing 
with artistic works and publications, the renting, selling, exporting and importing of cinematography 
works and exhibitions of artistic works, as well as prohibition of practising the publishing profession 
and providing a fair compensation for the damage. 
The Crimes and Penalties Law provides for impris onment punishment for no longer than three years 
for persons involved in counterfeiting or forging a trademark belonging to a person, government 
entity or private enterprise.  Such punishment a pplies also to those using the forged trademark. 
VI. TRADE-RELATED SERVICES REGIME 
1. General 
Question 153 
Could the Government of Yemen please provide specific information regarding the application 
of measures affecting trade in services which are listed?  We would be especially appreciative of 
any information in respect of particular servi ce sectors to which these measures are applied. 
Answer:  
Specific information regarding the application of measures affecting trade in services would be 
provided, at later stage, through Yemen's initial offer on services, taken into account GATS Article IV 
and XIX and the decision on accession of Least-Developed Countries. 
Question 154 
We encourage Yemen to complete the services ch ecklist in WT/ACC/5.  This document would 
serve as a concise summary of Yemen's current level of services market access, and would be 
extremely useful to all parties as the basis on which to form reasonable market access offers and 
requests. 
Answer:  
Please refer to the response the Question 153. 
Question 155 
We take note of the market access provisions described in WT/ACC/YEM/3.  In the interest of 
transparency, we request that Yemen provide the Working Party with a comprehensive services 
offer, that describes market access and national  treatment conditions in all services sectors. 
Answer:  
Please refer to the response to Question 153. WT/ACC/YEM/4 
Page 42  
 
 Question 156 
We are likely to have additional questions on  services after we receive WT/ACC/5 and/or a 
services offer.  We request that Yemen provide the Working Party with copies of all of the legislation discussed in section VI of WT/ACC/YEM/3. 
Answer:
 
Please see document WT/ACC/YEM/4/Add.1. 
Question 157 
Please provide information on visas and work permits, including restrictions on length of stay, 
fees, and the procedures for obtaining and renewing them. 
Answer:   
Entry visas for work purposes are granted upon the empl oyer's request, in accordance with the work 
permit issued by the Ministry of Social Affair s and Labour for one year, renewable annually for 
another four years. 
Work permit fees at the present are YR 12,000 plus  a YR 5,000 is collected for vocational training 
purposes. 
Question 158 Various organizations play important roles in the registration, approval, and licensing of 
foreign professionals.  To whom are these organizations accountable?  Are there avenues of appeal for professionals rejected by these organizations?  
Answer:
 
The Yemeni Law governs the conditions for the partic ipation/involvement of foreigners in various 
professions, among them: 
− the possibility of foreigners to exercise a certain profession; 
− conditions and procedures required to obta in licenses to practice such profession; 
− rules and procedures to file applications with competent entities, as well as the required 
fees; and 
− methods of appeal, in case of refusal. 
Question 159 
What are the criteria (level of education, yea rs of experience, etc.) for licensure in various 
professions?  Are the same criteria applied Yemeni and foreign professionals?  Do the 
organizations responsible for professional licensing publish a list of these criteria? 
Answer:   
Yemeni Laws regulate the criteria to be met by applicants for licensure in various professions, 
including the education level, experience, and econom ic needs.  The criteria for Yemeni and foreign 
professionals are published by competent entities.  WT/ACC/YEM/4 
 Page 43 
 
 
 Question 160 
What are the procedures (documents, fees, le ngth of processing time) for obtaining the 
necessary licenses and approvals to  provide professional services? 
Answer:   
Please refer to the responses to Questions 157 and 158. Question 161 To what extent does Yemen intend to allow forei gn legal consultants to provide legal services, 
including advice on domestic and foreign law? 
Answer:
  
In the spirit of services investment encourag ement in Yemen, specific commitments will be 
negotiated in due course. 
Question 162 
Please describe the process through which a forei gn bank applies for authorization from the 
CBY to provide banking services in Yemen. 
Answer:  
A foreign bank may obtain a licence for providing banking services in Yemen, based on: 
− an application form for the opening of a branch or office of a foreign bank in Yemen, to 
be submitted with supporting documents, addressed  to the Governor of the Central Bank 
of Yemen. 
Based on technical recommendations, a temporary licence is issued for a branch or office of a foreign 
bank, and a final licence is issued upon the appr oval of the CBY Board of Directors based on 
fulfilling the following requirements: 
− completing the transfer of the designated cap ital of the subsidiary or office in Yemen 
from the headquarters; 
− providing a medium-term work plan for the fore ign subsidiary or office which covers the 
first three years and determines the date of  commencement, including the related budget 
estimate; and 
− ensuring the suitability of the office premises  for rendering banking services to the public. 
Question 163 
Are Yemenis permitted to purchase insurance offshore? 
Answer:  
Yemeni Law No. 37/1992 on Supervision and Mo nitoring of Insurance Companies and Brokers 
allows the purchasing of insurance offshore with pr ior approval of the Minister of Industry and Trade 
for a maximum of 50 per cent of the value of each transaction.  WT/ACC/YEM/4 
Page 44  
 
 Question 164 
Does Yemen intend to open the international te lecommunications service market to competition 
when the Tele-Yemen monopoly ends at the end of 2003? 
Answer:
 
As of 1 January 2004, the international tel ecommunications service is run by the Yemeni 
Government. 
VII. INSTITUTIONAL BASE FOR TRADE AND ECONOMIC RELATIONS WITH 
THIRD COUNTRIES 
Question 165 Could further information be provided on the current status of Yemen's Free Trade Area 
Agreement with Iraq? 
Answer:
 
Within the framework of economic integration be tween Arab countries, Yemen signed a Free Trade 
Area Agreement with Iraq, on 21 August 2001.  Based on this agreement, effective from the date of 
ratification on 9 June 2002, all traded goods of na tional origin are exempted from customs duty and 
other equivalent taxes, except goods, the import of which is prohibited for religious, environmental or 
security reasons, in accordance with laws and regula tions applied in both countries, as well as goods 
produced in free zone areas in the two countries.  However, due to political  circumstances in the 
region, this agreement has not been fully implemented.  
Question 166 
We would be grateful if Yemen could clarify whether it intends to justify the preferential 
trading conditions accorded to imports from the Kingdom of Saudi Arabia and the Republic of 
Iraq under GATT Article XXIV or under other WTO provisions. 
Answer:  
As the two aforementioned agreements were concl uded with the two developing countries, they 
would be notified in accordan ce with the Enabling Clause.  
Question 167 Concerning Yemen's free trade agreement s with Saudi Arabia and Iraq:   
− What percentage of tariff lines have been or will be fully liberalized under these 
agreements? 
− Approximately what percentage of Yemen' s total trade enjoys duty-free treatment 
under these agreements. 
− What items are exempted from duty-f ree treatment under the se agreements.   
− Will Yemen notify these Agreements (to  the Committee for Regional Trade 
Agreements upon accession)  WT/ACC/YEM/4 
 Page 45 
 
 
 Answer:  
Please refer to the response to Question 165. The percentage of tariff lines liberalized with  Saudi Arabia reached about 6.4 per cent. 
The percentage of duty-free exported goods from Yemen to Saudi Arabia is estimated at 85 per cent 
in 2001.  
Items which are excluded from duty-free treatment w ith Saudi Arabia include products prohibited for 
religious, environmental or security reasons, in acco rdance with laws and regulations applied in both 
countries, as well as products fully or semi-manuf actured in free zone areas and exported to each 
other.  
Yemen will notify the WTO on free trade agreem ents upon accession, in accordance with the 
Enabling Clause. 
 
__________ 
 WT/ACC/YEM/4 
Page 46  
 
 ANNEX 1A 
State Owned Enterprises (Wholly or Partially Owned)
 
S. No. Enterprise 
1 Public Telecommunication Corporation 
2 Yemen International Telecommunication Company (TeleYemen) 
3 Public Corporation of Water & Sewage  
4 Public Electricity Corporation 
5 Aden Hotel (Aden) 
6 26 September Hotel (Aden ) 
7 Al-Hilal Hotel (Aden ) 
8 Ardh Al-Ganateen Hotel (Marib ) 
9 Thala Hotel (Thala ) 
10 Public Poultry Corporation (Aden)  
11 Rosaba Farm (Dhamar) 
12 Fruits and Vegetables Corporation 
13 National Shipping Company 
14 Yemen Navigation Lines Company 
15 Marib Poultry Company 
16 Public Cement Manufacturing & Marketing Corporation 
17 Public Textile & Spinning Manufacturing Corporation 
18 National Tobacco and Matches Company 
19 Emulsion & Paints Company 
20 Yemeni Kuwaiti Real Estate Development Company 
21 Yemen Investment and Finance Company 
22 Yemen Libyan Holding Company 
23 The Yemen Bank for Reconstruction and Development  
24 Yemen Insurance and Re- Insurance Company 
25 Saba Insurance Company 
26 Marib Insurance Company 
27 Arab Insurance Company 
   WT/ACC/YEM/4 
 Page 47 
 
 
 ANNEX 1B  
Projects Related to the Privatization Process  
No. Enterprise Status 
Industrial Sector 
1 General Corporation for Salt, Aden Evaluation in progress  
2 Biscuit and Candy Factory, Ad en Privatization in progress  
3 Automatic Bakery, Aden Privatization in progress 
4 Dairy  Factory, Aden Liquidation in progress 
5 Canada Dry Factory, Aden Re situated to original owner 
6 National Tanning Factory, Aden Resituated to original owner 
7 Tomato Paste Factory, Lahj Liquidation in progress 
8 Textile and Spinning Factory, Aden Pr eparation for privatization by rent is 
in progress 
9 National Company for Aluminium Manufacturing, Aden  
10 National Company for Sponge and Metal Furniture Ltd., 
Aden Privatized and sold to private sector 
11 Al Thawra Metal Products 30-lease,  evaluation for privatization in 
progress 
12 The Public Bakery  Equipment sold land leased for other 
purposes 
13 Public Corporation for Industrial Estate Liquidation in progress 
14 Yemen Salt and Gypsum Mining and Marketing Co. Evaluation  in progress 
15 Leather Shoe Factory Land and building resituated to original 
owner and equipment sold 
16 Leather Products Cooperative  Land and building resituated to original 
owner and equipment sold 
17 Martyrs' Garments Factory Land and building resituated to original 
owner and equipment sold 
18 Vegetable Oil Factory Equipment sold, land leased for 30 
years 
19 Soap Factory Equipment sold 
20 Women's sewing Cooperative Liquidation 
Agricultural and I rrigation Sector 
1 General Company for Potato Seed Production, Dhamar Evaluation study has approved, 
privatization procedures under progress 
2 General Company for Vegetable Seed Production, Saiyoun Evaluation study has approved, 
privatization procedures under progress 
3 Agricultural Machinery Rental Station, Saiyoun Privatization by management buyout 
4 General Corporation for Digging Well Liquidation in progress 
5 Dates Packing Unit, Saiyoun Liquidation in progress 
6 General Cooperation for Agricultural Services Evaluation study has approved, 
privatization procedures under progress 
7 Dar Sa'ad Poultry  
Transport Sector 
1 General Corporation for Land Transport Evaluation privatization is in progress 
2 Aden Dockyards  Study in progress 
3 Airport Ground Handling Services  
Fishery Sector 
1 Central Unit for Maintenance and Services Study in progress  
2 Shograh Fish Canning Factory, Abyan Announced publicly for privatization, 
no offers received negotiation in progress for the sale of factory  WT/ACC/YEM/4 
Page 48  
 
 No. Enterprise Status 
3 Port of Nashton, Al-Mahra Announced publicly for privatization, 
no offers received negotiation in progress for renting  the port  
Trade Sector 
1 Consumption Society for State, Public, and Mixed Sector 
Employees Liquidation 
2 General Corporation for Foreign Trade and Grain Liquidation in progress 
3 Public Corporation for Building Material Trade/Aden Liquidation in progress 
4 Public Corporation for Textile and Electric Supplies / Aden Liquidation  
5 Yemen Company for Free Trade (Al-Nasr) / Aden Liquidation in progress 
6 Hodeidah Grain Silos Company, Hodeidah  Has been privatized and sold to private 
sector  
7 Public Corporation for Building Material Trade in Lahej, 
Abyan, Shabowah, and Hadramout Liquidation in progress  
Banking Sector 
1 Cooperative & Agricultural Credit Bank Restructuring  
2 Industrial Bank Liquidated 
3 National Bank of Yemen Evaluation Study concluded 
4 Housing Credit Bank Study in progress 
Oil Sector 
1 Aden Refinery Company  
Tourism Sector 
1 Gold Mohuer (Sheraton) Hotel, Aden Sold to private sector 
2 Diplomatic Club, Aden Sold to private sector 
3     Yemeni Club, Aden Sold to private sector 
4      Sailors' Club, Aden Sold to private sector 
5 Nashwan Club Sold to private sector 
6 Labors' Isle Resort, Aden Sold the site to private sector 
  WT/ACC/YEM/4 
 Page 49 
 
 
 ANNEX 2 
Please see attached tables 1 and 2 of Law No. 70/1991 and Its Amendments Pertaining to Taxes on 
Production, Consumption and Services 
Table 1  
Item Tax rate 
Firstly: 
Fixed rate on goods and products not mentioned in these tables.  10% 
Secondly: 
Goods, products and services su bject to taxes less then 10% 
1. Shoes, all kinds, and parts 5% 
2. Benzene, solar, kerosene, turbine, oils, lubricants  2% of consumer sale price 
3. Liquified gas (cylinders) 0.5% of consumer sale price 
4. Matzoth and other petroleum  products 1% of  consumer sale price 
5. Ready- made clothes   5% 
6. Textiles  5% 
7. Cement 5% 
8. Iron  5% 
9. Wood 5% 
10. Aluminium  (non- manufactured)  5% 
11. Metal sheets for home utensils 5% 
12. Precious minerals, gold or gold plated  
Crude and semi-manufactured 
Jewellery and other gold made products  
2% 
3% 
13. Tourist hotel services 7% 
14. Plastic products, different kinds 5% 
15. Crude and manufactured rubber  5% 
16. Car spare parts 5% 
Thirdly:  
(local and imported) Goods and  products  subject to tax rates more than 10%  
1. Soft drinks 11% of consumer sale price 
2. Mineral water 11% of consumer sale price 
3. Local manufactured cigarette of a local  trademark 60% of consumer sale price 
4. Local manufactured cigare tte of a foreign trademark 65 % of consumer sale price 
5. Imported cigarette  80% of consumer sale price 
6. Cigar  60%  
7. Tobacco for consumption  (imported) 25%  
8. Qat (QATHA EDULIS) 20% 
9. Perfume, air freshener, cosmetic , skin and hair care products 15% 
10. Services of entry to cinema, pub lic events, festivals, and artistic and 
entertaining performances. 15% 
Fourthly: (Imported) Goods and products subject to taxation of more than 10% 
1 Fish, crustaceans, molluscs and other aquatic invertebrates. 25% of CIF 
2 Raw human hair, whether washed or degreased. 25% of CIF 
3 Cut flowers and flower buds of a kind suitable for bouquets and 
ornamental purposes. 25% of CIF 
4 Foliage, branches and other parts of plants, grasses and mosses, 
being goods of a kind suitable for bouquets and ornamental 
purposes. 25% of CIF 
5 Roasted coffee; coffee husks, products and substitutes. 25% of CIF 
6 Extracts or concentrations of co ffee, tea or maté; extract-based 
preparations; other substitutions of roasted coffee, and their extracts, 
essences and concentrations 25% of CIF 
7 Fireworks  25% of CIF WT/ACC/YEM/4 
Page 50  
 
 Item Tax rate 
8 Raw furskins 25% of CIF 
9 Tanned or dressed furskins 25% of CIF 
10 Artificial fur or leather 25% of CIF 
11 Furskins and manufacturers thereof 25% of CIF 
12 Birdskins and other parts of birds 25% of CIF 
13 Artificial flowers, foliage and fruit 25% of CIF 
14 Dressed human hair 25% of CIF 
15 Wigs and false beards 25% of CIF 
16 Setts, curbstones and flagstones, of natural stone (except slate) 25% of CIF 
17 Other manufactures based on plaster (articles used for ornamental 
purposes) 25% of CIF 
18 Cement or artificial stone manufactures 25% of CIF 
19 Statues, ornamental articles and furniture for personal use 25% of CIF 
20 Glassware of a kind used for tables, kitchen, toilet, office, indoor 
decoration or similar articles of and mirrors of normal minerals. 25% of CIF 
21 Other articles for indoor decoration such as normal minerals, picture 
frames, similar articles of and mirrors of normal minerals. 25% of CIF 
22 Electric railway locomotives, without generators 25% of CIF 
23 Other rail locomotives for railways and supply coaches thereof 25% of CIF 
24 Self-propelled railway and tramway vehicles and self-propelled rail 
track inspection vehicles. 25% of CIF 
25 Railway and tramway vehicles and coaches for passengers, luggage, 
post, patients prisoners, and other special purpose vehicles, and 
coaches. 25% of CIF 
26 Workshops coaches and cranes, other railway and tramway service 
vehicles, and track inspection vehicles, without generators. 25% of CIF 
27 Coaches for the transport of railway and tramway goods. 25% of CIF 
28 Motor cars and other motor vehicles (other than 16-seat or more 
vehicles) principally designed for the transport of persons, including station wagon and racing cars. 25% of CIF 
29 Double cab transport motor vehicles, and goods transport motor 
vehicles (capacity:  less than one ton). 25% of CIF 
30 Special purpose motor vehicle (fo r example, breakdown lorries, 
crane lorries, fire fighting vehicl es, concrete-mixer lorries, road 
sweeper lorries, spraying lorries, mobile workshops, mobile 
radiological units other than mobile drilling derricks). 25% of CIF 
31 Tanks and other armoured fighting vehicles, whether or not fitted 
with weapons, and part and components of such vehicles. 25% of CIF 
32 Balloons 25% of CIF 
33 All kinds of aircrafts including gliders and helicopters 25% of CIF 
34 Parachutes; parts and components ther eof and accessories thereto. 25% of CIF 
35 Aircrafts launching gear and similar gears, ground flying trainers, 
and parts and components thereof. 25% of CIF 
36 Ships, boats, and floating structures (other than those used for 
transport and fishery). 25% of CIF 
37 Vessels solely designed for hauling towboats or pushing other 
vessels. 25% of CIF 
38 Vessels and other floating structures for breaking up. 25% of CIF 
39 Arms and ammunitions; parts and accessories thereof. 25% of CIF 
40 Inscribed original pictures (graphier) and original pictures printed 
with pressure or stone (lithography). 25% of CIF 
  WT/ACC/YEM/4 
 Page 51 
 
 
 Table 2  
Local and imported goods and products exempted from production, consumption and servicing taxes. 
1. Farming inputs equipment, seeds, se edling, fertilizers, and insecticides.  
2. Harvest machines , plough machines. 
3. Pesticides, and any products used in farming 
4. Vegetables, fruits, beans, grains, salt and spices canned locally with the exception of imported ones 
5. Goods used for fishery, nets and its accessories, fishing boats, fishing boats motors, fishing hooks  
6. Local Fishery products 
7. Dairy products 
8. Children food 
9. Meats 
10. Chickens, eggs, fodder for chickens and fish  
11.Wheat and flour, semolina 
12. Rice, spaghetti, noodle   
13. Sugar 
14. Cooking oil 
15. Tomato paste  
16. Soap, house cleaning products 
17. Drugs, medical equipment 
18. Books, newspapers, magazine, text books  
19. Baby care products, (diapers, milk bottles, sucker, baby powder) 
20. Solar or wind power equipments 
21. Water pumps and electrical generators 
22. Goods exempted from tax and customs duties under the Customs Act 
23. Biscuit and sweets 
24. Ice cream, Jelly 
25. Industrial production equipments spare parts 
 
  
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