RESTRICTED  
  
WT/ACC/TLS/16  
 
31 May 2021  
(21-4538) Page: 1/63 
Working Party on the Accession of Timor -Leste  Original: English  
 
ACCESSION OF TIMOR -LESTE  
QUESTIONS AND REPLIES  
The following submission, dated 21 May 2021 , is being circulated at the request of the 
Delegation of the Democratic Republic of Timor -Leste . 
 
_______________  
 
  WT/ACC/TLS/16  
 
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  TABLE OF CONTENTS  
II.  ECONOMY, ECONOMIC POLICIES, AND FOREIGN TRADE  ................................ .........  4 
1.  ECONOMY  ................................ ................................ ................................ ................  4 
-  General description  ................................ ................................ ................................ . 4 
-  Current economic situation  ................................ ................................ .....................  4 
2.  ECONOMIC POLICIES  ................................ ................................ ..............................  7 
-  Main directions of the ongoing economic policies ................................ ....................  7 
-  Monetary and fiscal policy  ................................ ................................ .....................  10 
-  Investment regime  ................................ ................................ ................................  11 
-  State ownership and privatisation  ................................ ................................ .........  12 
-  Pricing policy ................................ ................................ ................................ .........  13 
-  Competition policy  ................................ ................................ ................................  15 
IV.  POLIC IES AFFECTING TRADE IN GOODS  ................................ ...............................  15 
-  Trade facilitation  ................................ ................................ ................................ ... 16 
A.  IMPORT REGULATIONS  ................................ ................................ .........................  20 
- Tariff quotas, tariff exemptions  ................................ ................................ .............  20 
-  Quantitative import restrictions, including prohibitions, quotas and licensing 
systems  ................................ ................................ ................................ .........................  21 
-  Import licensing procedures  ................................ ................................ .................  21 
- Customs valuation  ................................ ................................ ................................ . 23 
B.  EXPORT REGULATION  ................................ ................................ ...........................  25 
-  Export financing, subsidy and promotion policies  ................................ .................  25 
C.  INTERNAL POLICIES AFFECTING FOREIGN TRADE IN GOODS  ...............................  26 
-  Technical barriers to trade, standards and certification  ................................ ........  26 
-  Sanitary and phytosanitary measures  ................................ ................................ ... 27 
-  Government procurement  ................................ ................................ .....................  45 
-  Regulation of trade in transit  ................................ ................................ ................  47 
-  Agricultural policies  ................................ ................................ ..............................  47 
(e)  Internal Policies  ................................ ................................ ................................ .... 47 
V.  TRADE -RELATED INTELLECTUAL PROPERTY REGIME  ................................ .............  48 
1.  GENERAL  ................................ ................................ ................................ ...............  48 
2.  SUBSTANTIVE STANDARDS OF PROTECTION  ................................ .........................  49 
-  Copyright and related rights  ................................ ................................ .................  49 
VI.  TRADE -RELATED SERVICES REGIME  ................................ ................................ ...... 49 
1.  GENERAL  ................................ ................................ ................................ ...............  49 
2.  POLICIES AFFECTING TRADE IN SERVICES  ................................ ...........................  49 
VII.  TRANSPARENCY  ................................ ................................ ................................ .... 53 
-  Notifications  ................................ ................................ ................................ ..........  53 
VIII.  TRADE AGR EEMENTS  ................................ ................................ .............................  53 WT/ACC/TLS/16  
 
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  -  Bilateral or plurilateral agreements relating to foreign trade in goods and  
trade in services  ................................ ................................ ................................ ............  53 
-  Economic integration, customs uni on and free -trade area agreements  .................  54 
 ANNEX  ................................ ................................ ................................ ...................  56 
 
  WT/ACC/TLS/16  
 
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  II.  ECONOMY, ECONOMIC POLICIES, AND FOREIGN TRADE  
1.  ECONOMY  
 -  General description  
Question 1  
Paragraph 91 states that some sectors that the Government has highlighted to drive 
economic diversification are downstream petroleum sectors, agriculture, tourism, 
fisheries, light manufacturing and  mining."  
• It has been noted that the Ministry of Agriculture and Fisheries in Timor -Leste has 
invested in five major programmes, namely: (i) Sustainable Increase in Production 
and Productivity; (ii) Improving Market Access and Value Addition; (iii) Improving 
the Enabling Environment for the Agricultural Sector; (iv) Organizational 
Development; and, (v) Sustainable Resource Use. Could Timor -Leste provide the 
budgetary allocations for the five major programmes implemented by the Ministry 
of Agriculture  and Fisheries for the past few years as well as the deliverables that 
have been achieved so far?  
Answer:  
The Government of Timor -Leste, through the Ministry of Agriculture and Fisheries, has put priorities 
in the Ministry 's strategic document and has inve sted in five major programmes with the aim to 
improve yields in  the sector s, namely: (i) Sustainable Increase in Production and Productivity; 
(ii) Improving Market Access and Value Addition; (iii) Improving the Enabling Environment for 
the Agricultural Sec tor; (iv) Organizational Development; and, (v) Sustainable Resource Use.  
Between 2013 and 2017, the Ministry has invested a total of over US$ 119 million in the priority 
sectors.  Additionally , following these years, between 2018 and 2021, the Ministry has invested 
a total of over US$ 60.9 million in the priority sectors . 
In light of such effort, a number of outcomes have been achieved as a result  of budgetary allocations 
to the priority sectors in the specific years  including : 
1. The r ehabilitat ion of nine main irrigation canals across the country to improve its irrigation 
system as part of its infrastructure development program me; 
2. Increase d rice pro ductivity from 3.5 to 6 tons/hectare;  
3. Increase d seed production, particularly for rice, maize and beans;  
4. Increase d vaccination s and animal feeding program mes as part of the development of 
livestock program me; and  
5. The development of  the aquaculture industr y on the South Coast of the country.  
-  Current economic situation  
Question 2  
Could Timor -Leste please provide examples on how it has improved the business climate 
in general?  
Answer:  
Different activities have been carried out in 2019 and 2020 aiming at the improvement of  
the institutional business climate under Component No. 5 of the Public Administration Reform 
Program  2019-2023 (hereinafter referred to as P ARP) on bettering Doing Business  ranking and on 
 
1 Here and below, unless otherwise specified, paragraph numbers are meant to refer to the 
Memorandum on the Foreign Trade Regime of Timor -Leste (WT/ACC/TLS/3) . WT/ACC/TLS/16  
 
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  improving the business climate in general . The PA RP was approved by the Government on  
23 September 2 020 by Resolution No. 38/2020 . 
 
With the technical assistance of the International Financial Cooperation (IFC) and the coordination 
between the responsible government institutions , concrete steps were taken to clarify 
the institutional framework for starting a business , namely regarding  commercial registry and 
licensing pro cedures:  
i. The Government put together a Working Group to consolidate the reform in that field. 
The Working Group integrated  representatives of  different relevant line Ministries , 
the private sector and civil society;  
ii. As a result of this intensive work, a co nsensual Action Plan for reforms on economic 
activities licensing, with concrete actions, training and legislation, including on matters  
where immediate changes could be delivered quickly (quick wins ), was prepared and 
submitted for ministerial approval by the end of January 2020;  
iii. Discussions were held by the Working Group with the Ministry of Justice 's National 
Directorate of Registr y and Notary,  which led to the clarification of a major difficulty related 
with the requirement for all businesses to provide legal marriage certificate s in  
Decree -Law No. 16/2017 of 17 May  2017 on Commercial Registr ation Procedures , which 
are needed as many families are married under the unwritten customary law  which is not 
recognized in the official setting due to the lack of official proof ; 
iv. Two trainings of SERVE 's staff and relevant ministries ' civil servants were conducted in 
early 2020 to harmonize the understanding of the institutional framework for starting 
a business;  
v. Last but not the least, changes to  Decree -Law No. 34/2017  on Licensing of Economic 
Activities  for further clarification, completion and simplification of t he regulatory 
environment were prepared , discussed with the different stakeholders and are about to be 
submitted to the Council of Ministers for approval;  
vi. As soon as the above -mentioned changes are approved and published , new trainings are 
projected for al l of the civil servants that have to apply them;  and 
vii. Communication actions on the new regulatory framework are also projected.  
More specifically, the following developments have been registered with respect to specific Doing 
Business indicators:  
i. Enforcing Contracts : Aiming at improving this indicator, in 2019, the Government sent to 
the National Parliament and in 2021, the National Parliament approved a package of three 
legislative initiatives which have the potential for improving contract enforc ement: 
(a) Resolution authorizing the adoption by Timor -Leste of the 1958 New York Convention on 
the Recognition and Enforcement of Foreign Arbitral Awards (approved by Resolution  
No. 8/2021 of 17 March 2021); (b) Law on National and International Arbitra tion (enacted 
by Law No. 6/2021 oh 31 March 2021 on the Legal Regime of Voluntary Arbitration and 
the First Amendment do the Civil Procedure Code); and (c) Law that simplifies 
the procedures of civil and commercial cases to speed up their management (appro ved by 
Law No. 3/2021 of 2 March 2021 that authorizes the Government to change the Civil 
Procedure Code) ;  
ii. Getting Electricity : Real progress from 2015 to 2019  was made with regard to this indicator , 
as shown  by World Bank documents. This indicator has the potential to further improve as 
the institutional reform projects for the sector were approved . Among others,  a new 
regulating body for the energy sector is currently being installed (please refer to  
Decree -Laws Nos. 29/2020 of 22 July  2020 and 40/2020 of 25 September  2020); WT/ACC/TLS/16  
 
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  iii. Getting Credit : The Government , as sole shareholder to the National Commercial B ank of 
Timor -Leste (hereinafter referred to as BNCTL) , has recently approved the state general 
budget for 2021 to further capitalize the bank with a total amount of US $ 40 million with an 
aim to improve mechanisms and access to credit with lower interest rates. Such credit aims 
to improve access f or the privat e sector, especially from micro, small and medium -sized 
enterprises.  
In addition, to facilitate the private sector 's access to credit, in July 2020  the BNCTL  signed 
an agreement with the Public Institute for Business Development Support (hereinafter referred to 
as IADE) to assist young entrepreneurs  to quickly obtain credit to start their business.  
Law No. 7/2020 of 28 August 2020 on Preventing and Combatting Corruption , aligned with the UN 
Convention again st Corruption  (UNCAC) , was approved by the Parliament, creating the expectation 
of a more effective  fight against  corruption . 
An integrated Project on Unique Identifier of Timorese citizens and residents was launched by 
the Government through Resolution No. 9/2020 of 19  March  2020, aiming at bettering the overall 
provision of services and creating the basis for electronic government. This has the potential to 
improv e transparency and reduce red tape for businesses.  
Question 3  
Paragraph 17 states that "on the Transparency International Corruption Index for 2016, 
Timor -Leste has made good progress for the past two years and it was ranked 123rd out 
of 167 countries."  
• Could Timor -Leste please provide information on what it does to combat 
corruption?  
Answer:  
Timor -Leste has made a significant progress to prevent and fight against corruption, by adopting 
the required legislative framework and establishing several institutions dedicated to tackl ing 
corruption effectively.  
On the legislative framework, the Govern ment has developed and promulgated pertinent legislation, 
such as the Penal Code (Decree -Law No. 19/2009  of 8 April  2009), Law  No. 3/2004 of 14 April  2004 
on Political Parties ( as first amend ed by Law No. 2/2016  of 3 February  2016), Law  No. 2/2009 of 
6 May 2009  on Protection of Witnesses , Resolution by the National Parliament No. 25/2008 of 
10 December 2008 on the ratification of UNCAC, Resolution No. 12/2019 of 13 March 2009 on 
the Code of Conduct of Members of the Government and, most recently, Law No. 7/2020 of 
26 August 2020 on Anti-Corruption (Measures to Prevent and Combat against Corruption).  
Title VI of the Penal Code on the Crimes Practiced in the Performance of Public Functions, in Article 
292 on Passive Corruption for Illicit Action provided that a n employee who, by himself, or through 
a personal intermediary, with his consent or ratification, requests or accepts, for himself or for a  third 
party, without being due, a patrimonial or non -patrimonial advantage, or his promise, to any person 
an act or omission contrary to the duties of the position, even if prior to that request or acceptance, 
is punishable with a prison sentence of 3 to 15 years. If the agent, before the practice of the fact, 
voluntarily repudiates the offer or pro mise that he accepted, or restores the advantage, or, in 
the case of a fungible thing, its value is exempt from penalty.  The penalty is especially mitigated if 
the agent concretely assists in the collection of the decisive evidence for the identification o r 
the capture of other responsible persons.   
Article s 5 and 19  of National Parliament Resolution No. 12/2019 of 13 March 2009 on the Code of 
Conduct of Members of the Government on Preventing and combating corruption  provide that  
Government members should make a commitment to prevent and combat corruption, especially 
private corruption, extortion or bribery, and are prohibited from:  (a) offer, accept or facilitate 
the payment of a bribe;  (b) offer or authorize, directly or indirec tly, an undue advantage for any 
person or public agent that involves direct personal gain or that of intermediary third parties.  WT/ACC/TLS/16  
 
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  Members of the Government must communicate to the Public Prosecutor the acts that may constitute 
attempts at corruption.  They may not receive any offers in cash and may only receive offers of 
symbolic value that do not exceed the value of US $ 250. The value of the offers is  recorded in 
a specific heading of all offers from the same person, whether natural or legal, during the cour se of 
a calendar year.  At the same time, m embers of the Government may receive offers made between 
States, the refusal of which can be interpreted as a breach of interinstitutional respect.  
On the institutional level, several independent supervisory bodies  have been created, particularly : 
The Anti-Corruption Commission (hereinafter referred to as CAC)  has played an active role in 
monitoring and holding public officials account able and obtain ing important results in terms of 
investigations. In addition to  CAC, there is the Ombudsman for Human Rights and Justice 
(hereinafter referred to as PDHJ), with a mandate in the areas of human rights and good governance. 
Its functions include receiving and investigating complaints from the citizens  and the public again st 
the public administration. The PDHJ is also required to refer complaints that potentially involv e 
criminal charges to the CAC or to the Office of the General Prosecutor. The PDHJ and  the CAC also 
play a broader role, which includes raising awareness on corruption issues and providing  
recommendations  to the G overnment on good governance practices.  
There is also a General Inspection of State (IGE  as the control and inspection body of the Public 
Administration, whose mission is to control the financial mana gement and resource use in the Public 
Administration services.  
An independent Chamber of Accounts of the Administrative, Fiscal and Accounting High Court was 
established in 2012 with a mandate to monitor the lawfulness of public expenditure and to audit 
state accounts.  
The Prosecutor General/ Public Prosecutor's office  is mandated to investigat e and prosecut e criminal 
offences, including corruption -related crimes , assisted by the body of criminal police, working in 
the field of criminal investigation (such as the Criminal Investigation Police Unit and the Scientific, 
Investigation and Criminal Police Unit (PCIC)).  
Thus, Timor -Leste has built a system to prevent and combat corruption efficiently, at all levels . At 
the same time,  civil societ y contributes and exercise s a sharpen ed scrutiny over eventual corruption 
cases in general . 
2.  ECONOMIC POLICIES  
-  Main directions of the ongoing economic policies  
Question 4  
Questions and Replies (WT/ACC/TLS/4), follow up to Question 1: Timor -Leste's draft 
Investment Reform Map suggests that the Government has targeted five sectors that 
would mutually benefit the country and investors financially: (a) sustainable tourism, (b) 
strategic infrastructure, (c) construction materials, (d) agriculture -based industries, and 
(e) agricultural crops.  
• The sectors that are mentioned in the above answer are quite vague. Could Timor -
Leste provide information on t he subsectors under each sector?  
• What role will supply chain development and management play in these priority 
sectors?  
• Please describe the trade -related elements of "strategic infrastructure."  
Answer:  
The Government of Timor -Leste is committed to formalize an Investment Reform Map (IRM)  
document with necessary  revisions to accommodate the current situation in Timor -Leste.  WT/ACC/TLS/16  
 
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  The revision may include clear er information on the  subsectors under each of the five targeted 
sectors.  The subsectors under each sector are listed below:  
i. Sustainable tourism : religious and pilgrimage tourism, cultural and historical tourism, 
eco and marine tourism, agri -tourism and community -based tourism, adventure and 
sport tourism (based on the Ministry of Tourism 's Strategic Policy) ; 
ii. Strategic infrastructure : roads, airport, seaport (connectivity); transport and 
communication (accessibility); energy such as renewable energy (growth) ; 
iii. Construction materials : cement manufacturing, building ; 
iv. Agriculture -based industries : industrial crops (e.g. coffee, coconut, candlenut,  maize, 
rice, cocoa, vanilla); forestry (e.g. sandalwood, teakwood, bamboo); livestock (cattle, 
goat, pig, chicken) ; 
v. Agricultural crops : horticulture (e.g. vegetables (broccoli, cauliflower ); fruits (banana, 
mango, avocado, tangerine ); legumes (red beans, mungbeans, soybeans, peanuts; 
spices – peppers, cloves) ). 
Investment opportunities for supply chain management include research and development, 
manufacturing, packaging, cold chain, warehouse and transportation.  
Trade -related elements of strategic infrast ructure include the development and construction of 
international standard seaport (Tibar Port) for trade facilitation.  
Question 5 
Paragraph 21: On the Investment Reform Map (IRM), Timor -Leste indicates that 
agricultural crops are one of the priority sectors in the Investment Reform Map. Could 
Timor -Leste be more specific and indicate which crops it intends to prioritise?  
Answer:  
The Government , through TradeInvest Timor -Leste , continues to pr ioritize the following commodities 
to promote i nvestment and stimulate export:  
i. Coffee (Arabica and Robusta) ; 
ii. Fisheries and aquaculture products (fish, prawns, seaweed) ; 
iii. Livestock products (cattle, pig, chicken, goat) ; 
iv. Forestry products (sandalwood, teakwood, bamboo) ; and  
v. Organic vegetables and fruits ( broccoli, cauliflower, banana, avocado, tangerine) . 
Other potential niche and high -value commodities  include : candlenut, konjac, vanilla, coconut, 
maize, rice, dragon fruits, legumes (peanuts, mungbeans, soybeans, red beans), cocoa, tamarind, 
spices (peppers, cloves), tomatoes, sweet potatoes, and cassava . WT/ACC/TLS/16  
 
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  Question 6  
Paragraph 24 states that " The use of the US$, relatively high minimum wages and a high 
cost structure provide obstacles to manufacturing development in the medium -term. 
The Government is focusing on developing industrial capacity by adding value to 
agricultural products and attracti ng investment in food processing and beverage 
manufacturing aimed at the domestic market."  
• Does Timor -Leste have any export promotion scheme for food and beverage industry? 
What are the policies for attracting foreign investment in the industry?  
Answer:  
The e xport promotion scheme for food and beverage industry has been set under the TradeInvest 
Timor -Leste internal Strategic Plan and the draft E xport Promotion Law. A copy of this draft law has 
been submitted to the Working Party.  
TradeInvest  has developed the Strategic Plan to clearly define the vision, mission and strategic 
objectives of the institution. Under the TradeInvest 's strategic objective, the Export Promo tion 
Directorate is responsible for  the "grow exporters " initiative by promoting and facilitating export 
growth in four key productive sectors , namely : agriculture, fisheries, tourism and the processing 
industry.  
Specifically,  the food and beverage industry fall under the promotion of two productive sectors: 
agriculture and the processing industry. For example, TradeInvest  promotes agriculture -related 
industry , such as  making  peanut butter from peanuts  and juices from fruit . In add ition, TradeInvest  
promotes investments in  the beverage industry to produce bottled water and other beverages like 
beers and soft drinks.  
The policies for attracting investment  are as follows:  
In 2016, under the administration of the Minister of State and Coordinating Minister for Economic 
Affairs, the Guide for Economic Reform and Growth (GRFE) was developed as the Government 's 
main strategy to increase private investment, economic diversification and generate sustainable 
employment. The Guide wa s structured in a matrix format consisting of five priority economic pillars, 
including agriculture, fisheries, tourism, oil and gas (downstream) and light manufacturing.  
In 2016 -2017, to compl ement the GRFE , with the assistance from the World Bank Group ( IFC, in 
particular), the Government developed the Investment Reform Map (IRM) with the purpose to outline 
the promotion and attraction of private investments in priority sectors, stimulation of growth and 
support of diversification of economy including enh anced opportunities for women.  
The IRM required a further development of Investment Policy that served as policy document to 
guide and further outline private investment landscape in Timor -Leste, challenges faced to increase 
private investment as well as i nvestment potential and opportunities in Timor -Leste (focusing on 
priority sectors: (i) Sustainable tourism, (ii) Agro-industries, (iii) Agricultural products, 
(iv) Construction materials , and (v) Strategic infrastructure). The Investment Policy was expect ed 
to create an open market in Timor -Leste using three -pronged strategy to generate growth and create 
"stable " income earning and employment opportunities for a young and growing population. 
The strategies included:  (i) increasing market supply, (ii) compe titive import substitution, and 
(iii) increas ing exports.  
TradeInvest  is one of the implementing agencies of IRM and Investment Policy. The IRM and 
Investment Policy serve as internal document to guide TradeInvest in performing its main functions 
(promotion, facilitation, monitoring and advocacy for private investments and exports in  
Timor -Leste). In 2018, TradeInvest developed its internal strategic plan for 2018 -2021 based on 
IRM and Investment Policy as a baseline document.  
The Government of Timor -Leste is committed to formalize the IRM and the Investment Policy with 
some revisions (if necessary) , to accommodate current situation and investment environment in WT/ACC/TLS/16  
 
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  Timor -Leste. The revision may include clear information on subsectors under each targeted priority 
sectors and investment and export trend in Timor -Leste. It is exp ected that the revision will be made 
by 2022.  
-  Monetary and fiscal policy  
Question 7  
Questions and Replies (WT/ACC/TLS/4), follow up to Question 3: We understand from 
the IMF's most recent Articl e IV Consultation report that the US dollar is the sole legal 
tender of Timor -Leste. However, the response to Question 3 indicates that the US dollar 
and "centavos metallic coins" are the sole legal tender.  
• Could Timor -Leste please clarify this situation?   
Answer:  
UNTAET Regulation No. 14/2001  states that the Official currency  of Timor -Leste is the US Dollar . 
At the same time , Decree -Law No. 20/2003  on the "Legal Tender of Timor -Leste"  has since regulated 
on the legal currency  in Timor -Leste . Article 2 of the Decree states  that: 
i. The Official currency  of Timor -Leste is the US dollar; 
ii. Any metallic coins that are produced  by the Central Bank of Timor -Leste become 
the legal tender , and therefore have the authenticity to be utilized in any public or 
private transactions (meaning the current metallic coins, with equal  value, have 
substituted American cents from circulation in Timor -Leste). However, Timor -Leste  still 
maintains the US Dollar as its sole legal  tender because Timor -Leste's  cents are only 
usable  within the country as the substitute to the US cents.  
Question 8 
Paragraph 36 states that "the VAT Law will be considered for approval in the near future, 
aiming at the following main obj ectives:…(iv) improve the business environment and 
attract investment, by inducing increased documentation of transactions, thus increasing 
transparency and confidence in the economy."  
• Could Timor -Leste give an update regarding the VAT Law?  
Answer:  
The dra ft Policy Paper for introducing the  new VAT Law was prepared in mid -2015 with the technical 
assistance of the Asian Development Bank (ADB) . Following that, in November 2015 , 
the Government held a national workshop , led by an expert from Durham University and Oxford 
University,  regarding "Fundamentals of VAT Policy and Law " for the Legal Team from the Directorate 
General for Revenue, Directorate General of Customs Authority, and other relevant government 
Agencies . Subsequently, t he draft VAT law was prepared, elaborated, and completed by a VAT Law 
expert in mid -2016.  Since then, starting from 2017 , the draft VAT law has been pending amid 
the political impasse, which hindered the political decisions to push forward for its approval .  
 
Having said t hat, recently in December 2020, the Ministry of Finance through the Tax Authority has 
started to revisit the draft VAT law. It plans to seek opinion s, comments and feedback from 
the public, including from legal firms,  on the draft law prior to its submission and presentation to 
the Council of Minister s and the National Parliament this year.  
 WT/ACC/TLS/16  
 
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  -  Investment regime  
Question 9  
Questions and Replies (WT/ACC/TLS/4), follow up to Question 5: With respect to the new 
Private Investment Law, Timor -Leste notes that per Article 10.4: "Exceptions to 
the preceding paragraphs are cases of investments which, by their nature or size, are 
the subject of special agreements, the in vestments of national citizens who may receive 
most favorable support and treatment from the State, and favor investments which 
contribute to national development priorities, in particular in special economic zones and 
special industrial areas."  
• How does T imor -Leste determine its "national development priorities?"  
• Does Timor -Leste provide a public list of these priorities? And if so, where can that 
list be found?  
• Are there national development priorities that fall outside of special economic 
zones and spec ial industrial areas?  
• Please describe, in the Factual Summary, all exceptions, limitations, and 
restrictions to Article 10.1 of the new Private Investment Law.  
Answer:  
Timor -Leste determines its "national development priorities " through the National Strategic 
Development Plan 2011 -2030 (NSDP). The NSDP serves as a guideline document for 
the Government to achieve the long -term goal of transforming Timor -Leste into an upper middle 
country by 2030. A public list of priorities can be  found in the document.  
A Timor -Leste Investment Guide was developed in 2017. The document also covers special economic 
zones.  This document has been provided to the Working Party. The 2017 Investment Guide will be 
revised by TradeInvest to accommodate current situation , by 2022 . The changes envisaged in 
the upcoming document will be related to Timor -Leste 's effort towards enabling business 
environment.  
A summary of all exceptions, limitations, and restrictions to Article 10.1 of the Private Investment 
Law No. 15/2017 is provided  in the table below:  
Laws & 
Regulation s Sector Restriction  Restriction on 
Land Ownership  Performance 
Requirements  Investment 
Incentives  
Private 
Investment 
Law (PIL) 
No. 15/2017  
of 23 August  
2017 
 
Government 
Decree No. 
2/2018 of 
21st 
February on 
Regulation & 
procedure 
for private 
investment  
 
Other 
relevant 
laws – e.g., 
Company 
Act, Mining 
Code, etc . Restricted sector s: 
criminal activities; 
activities related to 
environmental 
protection areas; 
activities related to 
offensive of traditional 
customs; arms and 
ammunition 
distribution; postal & 
courier services; 
funeral service 
activities  
 
Other sectors : refer 
to the Negative List  State or private 
land: 
Lease right 
between 5 and 50 
years. Renewable 
up to maximum 
150 years 
(Government 
Decree Law 
No.19/2004 on 
Legal Regime for 
Leasing of State 
Properties & 
Assets ) 
 
State or private 
land: 
Lease up to 
maximum of 50 
years, renewable 
for period of 25 up 
to 100 years ( PIL, 
Article 25 ) – Job creation to 
locals; knowledge 
transfer (training) 
to local s; 
technology transfer  
 
Local content 
requirement (only 
for mi ning 
activities)  
 
No export 
performance 
requirement s Productive sectors:  
agriculture, fisheries, 
tourism, processing 
industry  
 
Declarations of 
Benefits and Special 
Investment 
Agreements  
 
Tax and non -tax 
incentives  
 
Minimum values for 
investment or 
reinvest ment:  
- US$50,000 for 
national investor s; 
- US$500,000 for 
foreign investor s; 
- US$250,000 for joint 
venture s. 
 WT/ACC/TLS/16  
 
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  Laws & 
Regulation s Sector Restriction  Restriction on 
Land Ownership  Performance 
Requirements  Investment 
Incentives  
applicable to 
investments issued 
with Declaration of 
Benefits (DoB)  or 
Special Investment 
Agreement ( SIA) Support to investors : 
- Granting 
authorizations, visas, 
permits & 
registrations  
- Facilitation services  
 
The Negative List  document , as published in May 2021 , has been submitted to the Working Party.  
Question 10  
Questions and Replies (WT/ACC/TLS/4), follow up to Question 7: We appreciate 
the information provided by Timor -Leste on its Negative Investment Law and have 
additional follow -up questions.  
• What other sectors are included under the Negative Investment Law? In 
the Factual Summary, please identify all sectors and activities where investment 
is prohibited or restricted for national investors, foreign investors, or  both.  
• What activities are covered under the sector of "public communications?"  
• In the Factual Summary, please identify all economic activities that are expressly 
reserved for the exclusive ownership or exploitation of the state.  
Answer:  
Please refer to th e List of Negative Investments that has been provided to the Working Party. 
The Negative List serves as an informative document to complement the Private Investment Law on 
sector restrictions. This document will be used as basis for reflection of economic activities that are 
reserved for the exclusive ownership or exploitation of the state in the Factual Summary of Points 
Raised . Activities covered under the sector of "public communications " include journalism activities 
(research, collection and treatment of information to public), and establishment of news agency.  
-  State ownership and privatisation  
Question 11  
Questions an d Replies (WT/ACC/TLS/4), follow up to Question 9: In its response to 
Question 9, Timor -Leste states that in respect of those governmental measures affecting 
state trading enterprises, the Government expects to conduct a thorough review of 
the existing pub lic policy measures with regard to the submission of notifications on STE 
to the WTO Council for Trade in Goods.   
• When does Timor -Leste expect to conclude its review of the existing public policy 
measures?  
Answer:  
Timor -Leste is yet to develop any policy measures in relation with measures affecting state trading 
enterprises. However, Timor -Leste remains  committed to conduct a thorough review of its policy 
measures in the future should such policy not  be in accordanc e with the WTO obligations as stated 
in Article XVII of the GATT 1994. At the same time, Timor -Leste will be committed to submit 
notifications on state trading enterprises to the WTO Council for Trade in Goods, on the basis of 
the existing Understanding on  the issue and  aiming at ensuring the maximum transparency possible 
in such notifications.  WT/ACC/TLS/16  
 
- 13 - 
 
  -  Pricing policy  
Question 12 
Paragraph 58: Could Timor -Leste provide details on the budgetary allocations for 
the "Povu Kuda, Governu Sosa" (People Cultivate, Government Purchases) Program per 
crop implemented by the Ministry of Tourism, Commerce and Industry (MTCI) for the past 
few years, as well as the estimated value of agricultural production for those crops?  
Answer:  
The "Povu Kuda, Governu Sosa" ( "People Cultivate, Government Purchases ") policy was created by 
the Government in 2008 as a measure to respond to the political and economic crisis in Timor -Leste 
arising since 2006. The policy was a part of the Government 's strategy to encourage domestic 
production and to address the future foo d security needs of the country.  
The program was implemented by the private sectors with a minimum capital of US $ 5,000 to 
purchase essential products such as rice and maize  from 2008 until its termination in 2012.  
The estimated value of agricultural produ ction, in accordance with  the FAO report on the positive 
impact of this support for the essential products (in thousands, in US $), is as follow s: 
Description  2008  2009  2010  2011  2012  
Timor -Leste Yield 
Cereals, total  14,427  23,155  24,514  25,861  20,899  
Timor -Leste 
Production Cereals  180,430  255,490  261,816  148,080  182,005  
 
Question 13 
Questions and Replies (WT/ACC/TLS/4), follow up to Question 10: In its response to 
Question 10, Timor -Leste cited the "Povu Kuda, Governu  Sosa" program run by the MTCI, 
which sets purchase prices for agricultural commodities, including rice and maize, and 
also established prices to sell products.  
• Please describe how purchase prices are set and what production is eligible for the 
prices.  
Answer:  
"Povu Kuda Governu Sosa " ("People Cultivate, Government Purchases")  was a slogan to stimulate 
farmer s to crop any agricultural product s within  the national territory. The Programme was 
terminated in 2012.   
The purchase prices are set according to market price of the agricultural commodities, where by the 
Government purchases rice, maize, beans and other agricultural commodities at a subsidized price , 
i.e. market price plus transportation cost s, in accordance with D ecree -Law No. 28/2008  of 13 August 
2008 on Regulat ion of  Public Supply of Essential Goods . 
Question 14  
Questions and Replies (WT/ACC/TLS/4), follow up to Question 10:  
• In the Factual Summary, please indicate the goods and services that are subject 
to each of the five pricing schemes provided for in Article 5 of Decree -Law 
No. 29/2011;  WT/ACC/TLS/16  
 
- 14 - 
 
  Answer:  
The Decree -Law lists goods and services that are subject to a fixed marketing margin and a 
monitored price.  
Fixed marketing margins:  
Product  Wholesaler  Retailer  
Rice with 5%, or more, broken rice  10% 15% 
Rice with 5% more breakage  8% 10% 
Food oils  8% 10% 
Foodstuffs, natural, powdered, preserved or in any form, intended for infants 
up to 1 year of age  8% 10% 
Cement  10% 15% 
Iron rod for civil operation  10% 15% 
Engine fuels, irrespective of the lead content, classified by the Timor -Leste 
Customs Tariff / Combined Nomenclature code 2710.11 at the wholesale and 
retail sale  - - 
Motor diesel, classified by the Timor -Leste Customs Tariff / Combined 
Nomenclature code 2710 19 at the wholesaler and  
retail sale  - - 
Fuel oils having a lead content exceeding 1%, classified by the Timor -Leste 
Customs Tariff / Combined Nomenclature code 2710 19  - - 
Petroleum gas, classified by the Timor -Leste Customs Tariff / Combined 
Nomenclature code 2711 13, marketed in the form of bottled  - - 
 
Monitored prices:  
1. Sugar (retail);  
2. Rice (wholesale and retail);  
3. Corn (import and retail);  
4. Chicken meat (import and retail);  
5. Cement (retail);  
6. Cooking oil (wholesale and retail);  
7. Eggs (retail);  
8. Pasta;  
9. Sand and stones for the building and construction sectors;  
10. Medication to be specified by the Ministry of Health;  and 
11. Public transportation services (taxis, rental cars, urban collective transport, inter -urban 
buses).  
While the present Decree -Law only list s goods & services under two price regimes, in principle, these 
goods and services listed are non -exhaustive, and this list may be applicable for the other regimes 
depending on the market conditions (Article 5.2) , given that i t is duly justified through a Ministerial 
Diploma . The market condition s that require the Government's intervention are defined in Article 1  
of the Decree -Law (e.g., illicit distortion of market prices, price speculation, hoarding , etc.).  
• Timor -Leste states that Government intervention in pricing is of a transitional and 
interim nature. Please describe the Government's plans to reduce its interventions 
so that enterpr ises engaged in commercial activities set prices according to 
commercial considerations.  
Answer:  
The intervention measures have a n occasional,  transitory/  temporary character and aim to address 
exceptional circumstance and guarantee the stability in the su pply of essential goods. 
The intervention will not alter the economic system and model from free market competition 
(Decree -Law No.  28/2008  on "Public Supply of Essential G oods and Management of the Negative 
Effects of Inflation "). 
The exceptional circumstances include, among others, a rise in international food prices, alimentary 
emergencies (natural disaster, calamity, etc.), market distortions (price speculation etc.) and drops WT/ACC/TLS/16  
 
- 15 - 
 
  in agricultural crop, etc. (Government Decree No.  13/2008 on "Regulation of Government 
Intervention in Public Supply and Prices of Essential Goods" ).  
The intervention will be altered/revoked at any moment once the above -mentioned circumstances  
return  to normal.  
-  Competition policy  
Question 15 
Paragraph 61 states that " the Government recognizes the importance of competition for 
the strategic development of the economy, both domestically and internationally and 
promote economic growth and development. For this reason, it has recently established 
a workgroup to discuss and prepare a competition policy, based on international 
standards."  
• What is the current progress of Timor -Leste's competition promotion policy and what 
is the responsible authority?  
Answer:  
The Competition Promotion Policy was drafted in 2015  and is currently undergoing a revision. 
The three expected outcomes from develop ing the Policy are  the: (i) development of a Competition 
Law; (ii) development of a Consumer Protection Policy; and (iii) establishment of a National Quality 
Institute.  
Responsible authorit ies for the Competition Promotion Policy are as follows : 
• The Directorate of External Trade of the Ministry of Tourism, Commerce and Industry  
(MTCI) ; 
• The Quality Institute of Timor -Leste (IQTL) of the Ministry of Tourism, Commerce and 
Industry ( MTCI); and 
• The Export P romotion  Directorate  under TradeInvest Timor -Leste . 
IV.  POLIC IES AFFECTING TRADE IN GOODS  
Question 16  
Timor -Leste is interested in applying and adopting  trade -related  regulations and 
measures. It is noted that, to ensure conformity with the WTO Agreement , technical 
assistance support is  of the utmost importance. Accord ingly, please clarify work plan or 
roadmap on implementation of the trade -related measures.  
Answer:  
The work plans on the implementation of the trade -related measures have been provided in 
document s WT/ACC/TLS/ 11, WT/ACC/TLS/ 12 and WT/ACC/TLS/ 14, which include the workplan s for 
TBT, SPS  and T RIPS-related measures . 
Question 17 
Please clarify  the objective and work plan  on Fiscal Reform to eliminate incompatible 
provisions under the GATT 1994 such as the sales tax imposed on imported products.  
Answer : 
The objective o f the Fiscal Reform is to revise Law No. 8/2008 of 30 June  2008 on Taxes and Dut ies Act 
and introduce VAT  for: 
 
i. Raising revenue more efficiently;  WT/ACC/TLS/16  
 
- 16 - 
 
  ii. Modernizing the tax system and improve tax collection;  
iii. Creating a level playing field and reducing the costs of doing business;  
iv. Improving the business environment and attract ing investments;  
v. Reducing informality in the economy; and  
vi. Reforming Tax and Customs Administrations to efficiently collect revenue.  
Timor -Leste continues to put forth the necessary efforts by eliminating the incompatible provisions under 
the GATT 1994, such as eliminating sales tax imposed on imported products, through  the adopti on of 
the following work plan:  
 
Workplan to  revise  Law No. 8/2008  and to introduce VAT  
 
Actions to be taken  Target of completion  Responsible Ministry  
- Development of the draft 
Policy Paper for VAT Law  
- Public consultations 
regarding "Fundamentals of 
VAT Policy and Law " to the 
Government Authorities  
- Prepare, elaborate, and 
complete the new VAT law;  
- Revisit the draft VAT law, 
seek for the opinion, 
comments and feedback 
from any third party on the 
draft law prior to 
submission;  
- Discussion and approval by 
the Council of Minister s 
within 2021;  
- Discussion and approval by 
the National Parliament in 
the first half of 2022  
and 
- Effective Implementation.  2023 for the effective 
implementation,  as the 
enactment process of such a law 
will require up to one year after 
its publication at the official 
Gover nment gazette. During this 
period, the key agencies will be 
required to conduct workshops 
and trainings to the regulators to 
ensure its effective 
implementation.   According to the Government 
Resolution No. 31/2020 of 2 
September  2020, the Commission 
is com posed of the Minister of 
Finance who chairs, and the 
members of the Government 
responsible for the following areas 
of governance:  
 
a) Coordinati ng Minister  of 
Economic Affairs;  
b) Minister of Justice;  
c) Minister of the State 
Administration;  
d) Minister of Territory  Planning;  
e) Minister of Petroleum  and 
Minerals.  
 
-  Trade facilitation  
Question 18 
Paragraph 110:  
• What is the timeline for full implementation of the Single Window that Timor -Leste 
is implementing?  
• Will a separate system be needed to link it to the ASEAN Single Window?  
Answer : 
According to the signed project, Timor -Leste 's full implementation of the Single Window is projected 
for four years. It started in January 2020 and is expected to end in 2024.  
Based on Decree -Law No. 14/2017  of 5 April 2017  on the Customs Code, the Single Window system  
for ASEAN will be using the same custo ms system, namely the ASYCUDA World system.  WT/ACC/TLS/16  
 
- 17 - 
 
  Question 19 
Questions and Replies (WT/ACC/TLS/4), follow up to Question 17: In the response to 
Question 17, Timor -Leste states it intends to promote a single customs window across 
CPLP and ASEAN.   
• Will Timor -Leste promote a single window that manages all import/export/transit 
documents?  
• Will Timor -Leste encourage ASEAN to expand the ASW beyond exchange of the 
eATIGA Form D?  
Answer : 
Yes. According to the project document, all import/export/transit documents will be exchanged with 
Indonesia electronically.  
Question 20 
Paragraph 111:  
• Who are the members of the National Trade Facilitation Committee (NTFC)?  
• Do non -government representatives from the private sector participate in the NTFC 
as members?   
Answer:  
Government Resolution No. 6/2016 of 17 February  2016, on the National Commission for Trade 
Facilitation,  lists in Article 3 of the Annex the Ministries and Agencies that make up the  Committee, 
as follows:  
CONFAC  (NTFC) is composed of Executive Members, a Technical Working Group, a Secretariat and 
Observer Members.  
Executive Members are:  
a) Coordinating Minister for Economic Affairs (MCAE);  
b) Minister of Finance;  
c) Minister of Public Works, Transport and C ommunications;  
d) Minister of the Interior;  
e) Minister of Commerce, Industry and Environment;  
f) Minister of Foreign Affairs and Cooperation;  
g) Minister of Agriculture and Fisheries.  
Members of the Technical Working Group are:  
a) Director General of Customs;  
b) Coordinator of the Tax Reform Program;  
c) MCAE representative;  
d) Representative of the Ministry of Foreign Affairs and Cooperation for ASEAN affairs;  
e) Inspector General of Food Security;  
f) Director of the Timor -Leste Port Authority (APORTIL : Portuguese abbreviatio n); 
g) Director of the Civil Aviation Authority of Timor -Leste (AACTL : Portuguese 
abbreviation ); 
h) Director -General for Immigration;  
i) National Director of Quarantine and Bio -Security.  
The following private sector representatives are Non -Executive Members:  
a) Presid ent of the Chamber of Commerce and Industry, or his representative;  WT/ACC/TLS/16  
 
- 18 - 
 
  b) President of the Association of Customs Brokers, or his representative.  
Observer Members are the World Bank Group and the Asian Development Bank.  
The Director -General of Customs coordinate s the Technical Working Group.  
Non-government representatives from the private sector also participate as non-executive members 
of the NTFC , as stated in Article 3 .4 of the Annex of the Government Resolution No. 6/2016 . 
Question 21 
Paragraph 112:  
• Does Timor -Leste intend to use Time Release Studies (TRS) to identify bottlenecks 
in import and export procedures, and publicize the information found?   
Answer:  
The WCO Time Release Study is a strategic and internationall y recognized tool to measure the actual 
time required for the release and/or clearance of goods, from the time of arrival until the physical 
release of cargo, with a view to finding bottlenecks in the trade flow process and taking necessary 
measures to imp rove the effectiveness and efficiency of border procedures. The Government of 
Timor -Leste, through the Customs Authority , will publicize the information and publish 
the corresponding policy and operational measures to further improve trade facilitation at 
the border.  
Question 22 
Paragraphs 112 and 113 state that "The Government of Timor -Leste intends to 
significantly modernize the country's customs framework, in the context of the ongoing 
efforts to modernize the economy and meet the WTO and ASEAN standards…" and that 
"The customs reform process started with the approval of the new Customs Code (Decree -
Law No. 14/2017 of 5 April 2017). The newly approved Customs Code reflects the political 
will of the Government of Timor -Leste in support o f trade facilitation."  
• Could Timor -Leste please give information about if it intends to implement 
the WTO Trade Facilitation Agreement (TFA) and, if yes, how it plans to categorise 
its commitments under the A, B and C categories at the time of its WTO acce ssion?  
Answer:  
Timor -Leste has set its commitment to adhere to the WTO Trade Facilitation Agreement (TFA)  by 
implementing the ASYCUDA World System since April 2017 to expedite the movement, release and 
clearance of goods . 
Nevertheless, recognizing Timor -Leste's status as a Least -developed country, full compliance with 
the TFA will require strengthening the necessary legal/policy  provisions , procedures, infrastructure,  
and human capital , to align with the  Agreement . 
Please refer to the Annex to  this document, which lays out Timor -Leste 's commitments to implement 
the TFA under the A, B and C categories.  
Question 23 
Paragraph 118 states that: " The Office of the Director General for Customs has taken 
significant steps to prepare for  a National Single Window in the new Customs Code."  
• Please provide an update information on the preparation for National Single Window. 
Is there any plan to promote a Single Window for trade across CPLP and ASEAN 
countries? If yes, please provide an additi onal information on these plans.  WT/ACC/TLS/16  
 
- 19 - 
 
  Answer:  
The Timor -Leste National Single Window project is divided into TWO phases . 
The first phase involves nine Government agencies , one private company (Bollore – New Timor Port), and 
Indonesia : 
No. Agency  
1 Trade Invest Timor -Leste I.P  
2 The Ministry of Tourism, Commerce and Industry  
3 National Directorate for Land Transport  
4 Ozone Depleting Substance under the Secretary State for Environment  
5 Ministry of Health  
6 Quarantine Authority, Ministry of Agriculture and Fisheries  
7 The Port Authority of Timor -Leste I.P (APORTIL I.P)  
8 New Timor Port (Bollore company)  
9 Tax Authority, and the Public Institute on Registry Service and Business Verification (SERVE I.P)  
10 Immigration Services  
11 Indonesia  
In addition, this will include engagement with the private sector (traders, brokers, shipping agents and 
transporters) who are the intended users of the single window platform.  
This process includes : (i) capacity building for government staff; (ii) reviewing and optimizing internal 
processes of each institution; and (iii) providing electronic infrastructure to each government agency under 
the ASYCUDA World Platform.  
Accordingly, the Government, through the Customs Authority, has provided familiarizat ion sessions to all 
of the nine government agencies  and is in the midst of reviewing each government agency internal process. 
In addition, during this phase, the Customs Authority is planning to engage with some private institutions, 
including commercial b anks, with a hope to reach an agreement soon.  
Linkage between Timor -Leste's National Single Window and Indonesia's Pilot data exchange system under 
the MoU on Cross Border Trade between Indonesia and Timor -Leste is in the Government 's agenda. This 
will ult imately facilitate linkage with the ASEAN Single Window.  
The second  phase will involve implementation of data exchange with CPLP countr ies, CPLP Single window 
and ASEAN Single window. The plan is to link Timor -Leste's National Single Window and Brazil as a selected 
CPLP member state, and to further finalize the linkage between the ASEAN and CPLP regional Single 
Window via the National TL -TSWS gateway.  
Table: Activities and Timelines  
 
Agency  Type Timeline  Agreement  (MOU)  Status  
First Phase  
TradeInvest Timor -
Leste I.P.  Government  February  2021 Signed  Launched  
Ministry of Tourism , 
commerce and Industry 
(Commer cial Vehicle 
Importation)  Government  March 2021 In progress  Developed  
Training & launching 
postponed due to lockdow n 
Secretary State for  
Environment – 
Department of Ozone 
Depleting Substance  Government  June 2021 In progress  Developing,  
Presented initial Prototype to 
Ozone Depleting Substance 
Department  
APORTIL (Port 
Authority of Timor -
Leste I.P. ) Government  July 2021 In progress  Pending training of Staff  
Ministry of Health - The 
Autonomous Service for 
Medicines and Health 
Equipment  (SAMES),  Government  July 2021 In progress  Developing  WT/ACC/TLS/16  
 
- 20 - 
 
  Agency  Type Timeline  Agreement  (MOU)  Status  
and the General 
Directorate for Health 
Services  
National Directorate for 
Quara ntine and 
Biosecurity, Ministry of 
Agriculture and 
Fisheries  Government  August 2021 In progress  Met Staff for requirement 
gathering, pending 
development  
National Directorate for 
Land Transport , 
Ministry Transport and 
Communication  Government  September  2021 In progress  AW development completed  
Pending development of the 
data exchange between 
TWO systems  
Tax Authority / SERVE  
 Government  October  2021 In progress  Met with team, pending 
technical work with system 
consultants  
Ministry of Tourism, 
commerce and Industry 
(Certificate of Origin)  Government  November  2021 In progress  Met and initiated discussion 
with the team  
Immigration Service s of 
Timor -Leste Government  February  2022 In progress  Pending meeting  
New Timor Port 
(Bollore)  Private  January  2022 In progress  2 meeting s a month since 
Aug 2020  
Commercial Banks 
(BNU and BNCTL)  Private  February  2022 Signed  Pending  
Trade Community  
- Traders  
- Customs 
Brokers  
- Shipping 
Agents  
- Transporter  Private  February  2021  On-Going  
Part of the discussion, 
training for Trade Invest  
Interface with 
Indonesia  Government  2022 In progress  To initiate discussion  in July 
2021 
Second phase  
Interface with a CPLP 
Country (Brazil)  Government  2022 Pending  Pending  
Interface with CPLP SW  Government  2022 Pending  Pending  
Gateway between CPLP 
and ASEAN Countries  Government  2023 Pending  Pending  
 
A.  IMPORT REGULATIONS  
- Tariff quotas, tariff exemptions  
Question 24 
Paragraph 126, item 4 states that "shipments sent from private individuals to private 
individuals, of insignificant value, which are sent directly from a foreign country to an 
addressee in Timor -Leste":  
• Please explain what valu e Timor -Leste defines as an insignificant value.  
Answer:  
Article 278(2) of Decree -Law No. 14/2017  of 5 April 2017  on the Customs Code refers to goods 
without commercial value as those whose value does not exceed the statistical threshold, as defined 
in the Tax Law.  
Having said that, the Government, through the VAT Commission, has is currently revising the Tax 
Law with a possibility to remove the threshold value of individuals who are eligible to pay income  
tax. Currently, the set threshold value  for eligible individual is US$ 500 and above . This  draft law is 
currently in the pipeline for the Government 's approval  towards the end of 2021 . WT/ACC/TLS/16  
 
- 21 - 
 
  -  Quantitative import restrictions, including prohibitions, quotas and licensing 
systems  
Question 25 
Paragraph 132: Could Timor -Leste confirm that no prohibitions or restrictions exist for 
import of alcohol beverages, including spirits, wine and beer?  
Answer:  
Timor -Leste confirm s that no restrictions or prohibitions exist for  the import of alcohol beverag es, 
including spirits, wine and beer.  
At the same time, the Annual Budget Law for 2021 (Law No. 14/2020  of 29  December 2 020, as 
amended by  Law No. 8/2021 of 3 May 2021) specifies the following excise taxes on alcohol 
beverages, including spirits, wine and beer  (local or imported):  
"5.  During the year 2021, the rate of excise duty applicable to stout beer with an alcohol content 
of less than 4.5%, tariff heading 2203.00.10, is US$ 2.50 per liter . The rate of excise duty applicable 
to malt beer with othe r alcohol content, tariff heading 2203.00.20, is US $ 3.50 per liter.  
6.  During the year 2021, the excise duty rate applicable to wine, vermouth and other fermented 
beverages, tariff headings 2204, 2205 and 2206, is US$ 3.50 per liter. " 
-  Import licensin g procedures  
Question 26 
Paragraph 133:  The Government mentions several government ministries that are 
responsible for import licensing. In paragraphs 168 -172, Timor -Leste describes 
requirements for  import licenses, permits, and authorizations to import goods subject to 
sanitary and phytosanitary requirements.  
• Please include a description of requirements for import licenses when completing 
the import  licensing questionnaire;  
• Please describe the roles of the Ministry and Agriculture and Fisheries and 
the Ministry of Commerce, Industry and Environment in developing and 
implementing these regulations.  
Answer : 
The responses to the Import Licensing Questionnaire  have been submitted for the review by 
the Working Party in document WT/ACC/TLS/ 10. The  following response provides a summary of 
responses elaborated in the questionnaire.  
Timor -Leste does not operate any general system requiring importation licenses in order to import 
goods. However, legal and natural persons importing or exporting goods on a commercial basis are 
required to obtain business authorization issued by the Regis try Service and Business Verification 
(SERVE), in accordance with the Decree -Law No. 34/2017 of 27 September 2017 on "Licensing of 
Economic Activities ". 
Annex es I-III of this Decree -Law set out the types of business activities based on lower risk, medium 
risk and higher risk . Accordingly,  the importation of goods classified under the lower risk will 
automatically be granted an authorization. Meanwhile, the importation of goods classified under 
the medium and higher risks required  sectoral licenses based on the list of  business activities, and 
thus are subject to non -automatic licenses. Article 10 of D ecree -Law No. 26/2017 of 17 May  2017 
on "Commercial Registry " sets out the criteria and information requirements for obtaining 
a commercial registration , where the non -automatic commercial licenses will be provided through WT/ACC/TLS/16  
 
- 22 - 
 
  the Ministry of Tourism, Commerce and Industry ( MTCI, formerly known as the Ministry of 
Commerce, Industry and Environment) . 
SERVE acts as a single window by receiving applications from businesses. For medium and high -risk 
business activities, there are specific licensing procedures set out by various Ministries and Agencies. 
Once applications are received, SERVE will proce ss the documents to the relevant Ministries to obtain 
an authorization/ a recommendation / a license subject to the sectoral requirements. After 
the authorization of the sectoral Ministries, applications are lo gged with SERVE to Approve Exercise 
Activity (AEA) and grant  business authorization. Once business licenses are approved, 
the importation of goods could be done  immediately.  
Importation of SPS Products : 
Timor -Leste 's sanitary and phytosanitary measures are applied according to Decree -Law 
No. 21/2003 of 31 December  2003 on "Quarantine and Sanitary Control on Goods Imported and 
Exported ", and implementing Government Decree No. 1/2006 of 20 September  2006, on the General 
Quarantine Regulations.  
According to Article 14 of Decree -Law no. 21/2003, the following items shall be subject to the import 
permit to be issued by the Directorate of Quarantine Services, under the Ministry of Agriculture and 
Fisheries:  (a) live animals;  (b) live plants;  (c) animal or vegetal products as specified by aw;  (d) any 
other good, or merchandise, animal or vegetal organism as specified by law.  
Timor -Leste prohibits the following products from being imported:  
i. any proteins for animal feeding containing any meat powder, bone powder, blood 
powder, or fat from mammal tissues;  
ii. poultry powder for ruminant feeding;  
iii. any products from cows, sheep, or goats showing clinical signs of Spongiform 
Encephalopathy;  
iv. any animals or any products of any animals showing clinical symptoms of certain 
diseases including, for example, foot -and-mouth disease and bird flu; and  
v. non-transformed fat.  
Import permits also cannot be issued in respect of:  
i. any items listed in CITES – Convention on International Trade in Endangered Species 
of Wild Fauna and Flora (Article 72  of Decree -Law No. 21/2003 );  
ii. any item from or originating from a country or areas where there is an ongoing 
occurrence of quarantine -related plagues or diseases (Article 72  of Decree -Law 
No. 21/2003 );  
iii. exotic seeds included in a list to be approved by Ministerial Diploma (Article 82  of 
Decree -Law No. 21/2003 ). 
In addition, a ll goods imported into T imor-Leste  must comply with the rules established in  
Decree -Law No.  14/2017 of 5 April  2017 on the Customs Code . The Code  establishes all the rules 
from the  arrival of the goods to the customs territory until their customs clearance, establishing all 
the necessary requirements regarding obtaining licenses . 
At the time of importation, the Directorate of Customs Authorities requires all commercial importers 
to prove they have a Timor -Leste  Taxpayer Identification Number (TIN) and companies must prove 
they are incorporated. Importers are required to lodge their request to the Directorate of Customs 
Authorities to clear goods.  WT/ACC/TLS/16  
 
- 23 - 
 
  - Customs valuation  
Question 27 
Paragraph 137 states that " The approach of the Customs Code is to use the transaction 
value wherever possible, while making allowance for situations in which the invoiced price 
appears to be inauthentic. Where the value of an imported good a s indicated in the invoice 
is lower than the fair market value of the same good, customs authorities may calculate 
the fair market value of the transaction by referring to the value of similar transactions 
among parties operating on a commercial basis ." 
• As stated in this paragraph, does customs authorities use the fair market value 
either to determine the customs value of imported goods or to assess potential 
risk?  
Answer:  
Yes, the customs authorities use the fair market value by requiring importers to p rovide  invoice 
value as the first reference for the customs  authorities . However, the Customs authorities may also 
calculate the fair market value should such imported good 's value  be shown to be less than the fair 
market value.  For instance , in the case of a faked invoice or  an invoice value which is found to have 
lower value than current market value, the customs authorities may recalculate  the fair market value 
by referring  to the value of similar goods being imported in the past.  Such measure is regulated 
under Article 97 of the Customs Code  ("Transactional value").  
Question 28 
Checklist on Implementation and Administration of the Customs Valuation Agreement 
(WT/ACC/TLS/8), Question 1(b)(1): Does Timor -Leste intend to adopt additional 
legislation concerning the valuation of lost or damaged goods?  
Answer:  
Schedule I  of Decree -Law No. 14/2017  on the Customs Code  does not define any special provisions 
or practical arrangements on the valuation of lost or damaged goods. However, there are general 
principles defined in Article 201(2) of the Code that the authorized warehouse keeper sha ll be 
responsible for the payment of the duties and other charges relating to missing goods, namely by 
theft or robbery, without prejudice to the possible procedure for tax violation, under the law.  
Question 29 
Decree -Law No. 14/2017 of 5 A pril 2017 "Customs Code":  
• Article 17.3: Per Article 10 of the WTO Customs Valuation Agreement (CVA), all 
information which is provided on a confidential basis for the purposes of customs 
valuation shall not be disclosed by the Customs authorities without t he specific 
permission of the person except to the extent it is required to be disclosed in 
the context of judicial proceedings. Please clarify which laws provide an exception 
to the confidentiality requirement per Article 17.3 of the Customs Code.  
Answer:  
According to Article 17 of the Code, customs officers are bound to professional confidentialit y 
regarding confidential facts, information and documents that became known to them while 
performing their duties. The confidentiality obligation ceases when the disclosure of facts, 
information or confidential documents has been expressly authorized by th e person or entity that 
provided them or when ordered by court in judicial proceedings or required by another authority 
duly mandated by law (Decree -Law No. 19/2009  of 8 April  2009 "Penal Code" ; Law No. 17/2011  of 
28 December  2011 on "Anti -Money Laundering  and Counter Financing of Terrorism" ).  WT/ACC/TLS/16  
 
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  • Article 69: Is the right of appeal without penalty in accordance with Article 11.1 of 
the CVA?  
Answer:  
Yes. A n appeal may first be  made  to a higher level in the customs administration, but the importer 
shall have the right in the final instance to appeal to the judiciary.  
• Article 97.2: Please further clarify this article. How is fair market value 
determined? Is it based on a valuation dat abase?  If the value of an imported good 
is below the fair market value, is transaction value rejected and Article 2 of the  CVA 
is applied? How is the Committee Decision Regarding Cases where Customs 
Administrations have Reasons to Doubt the Truth or Accura cy of the Declared Value 
implemented? How is paragraph 5(2) of Table 1 related to Article 97.2? Are they 
referring to the same circumstance even though they use different terms?  
Answer:  
The fair market value is determined according to Article 97 of Decree -Law No. 14/2017 on 
the Customs Code , as it is elaborated in response to Q uestion 27 above.  
According to paragraph 5(2), Customs may ask the importer for additional information/ 
documentation s according to the following procedure : 
• Customs must inform the importer of its reasons for doubts ; 
• Customs must give  the importer reasonable opportunity to respond ; 
• Customs must inform the importer in writing of the final decision ; and  
• The transaction value may be rejected  accordingly .  
Paragraph 5 (2) of Table 1 is related to Article 97.2 - they are referring  to the same circumstance.  
• Article 172.2(b): Please explain what other charges may be payable on the goods.  
Answer:  
All the charges that are payable on the goods inclu de: customs duties, sales tax, and excise duties  
(only applicable to the goods listed in Annex II of Taxes and Duties Act No. 8/2008) . 
Question 30 
Decree -Law No. 14/2017 of 5 April 2017 "Customs Code", Table 1: Customs Value of 
Imported Goods:  
• Article 1.5: Please clarify whether Decision 3.1 on the Treatment of Interest 
Charges in the Customs Value of Imported Goods applies regardless of whether 
the finance is provided by the seller, a bank or another natural or legal person. 
Also, please clarify whether it applies where goods are valued under a method 
other than the transaction value.  
Answer:  
According to Clause 1(5) of Schedule I  of the Customs Code , interest on a financial agreement 
concluded by the buyer relating to the purcha se of imported goods shall not be considered as part 
of the customs value in any case where:  
(a) the interest rates are different from the price actually paid or payable for the goods;  
(b) such goods are actually sold at the price stated as the price actually paid or payable;  WT/ACC/TLS/16  
 
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  (c) the buyer, if required, can demonstrate that  the financial agreement was concluded in writing . 
The declared interest rate does not exceed the value practiced at that time for such transactions in 
the country where the financing was granted.  
• Please identify which provision(s) implements Articles 1.2(a) and 1.2(c) of the CVA 
concerning related parties. If there is no provision currently in force, how and 
when does Timor -Leste intend to implement these Articles?  
Answer:  
When Customs is of the opinion that the relationship between the buyer and seller of any goods 
influences the price paid or payable for the goods, Customs will notify the importer in writing 
requesting for the reasons that made Customs form such an opinion, giving the importer 
a reasonable chance to present documentation to Customs that prove the relationship did not 
influence such price (Schedule I, Clause 2(3)).  
• Please identify which provision(s) implements Article 6.2 of the CVA concerning 
computed value o f appraisement. If there is no provision currently in force, how 
and when does Timor -Leste intend to implement this Article?  
Answer:  
The C ustoms Code, Schedule I does not define provision for requiring or compelling any person not 
resident in its own terri tory to produce for examination, or to allow access to, any account or other 
record for the purposes of determining a computed value.  Clause 7(4) of Schedule I provides  that 
the amount of profit and general expenses required to determine the computed value of goods shall 
be calculated on a percentage basis and determined on the basis of the information prepared in 
a manner consistent with the generally accepted accounting principles of the country of production 
of the goods, which is provided by or on behalf of the importer of the goods subject to assessment. 
When the information provided is not sufficient, the customs authorities may obtain sufficient 
information by verifying the sales for export to Timor -Leste of the more specific group or va riety of 
goods of the same class or type of goods to obtain more information.  
 
• Article 14 of the CVA states that the Interpretative Notes at Annex I and the notes 
in Annexes II and III form an integral part of the CVA, and that the articles of 
the CVA are to be read and applied in conjunction with their respective notes. It 
does not appear that all of the Interpretative Notes have been implemented in 
the Customs Code of Timor -Leste. How and when does Timor -Leste intend to 
incorporate all Interpretative Notes into its legislation?  
Answer:  
The Interpretative Notes of the Customs Valuation Agreement are all reflected in Schedule I of the 
Code, to ensure their common understanding and proper implementation.  
B.  EXPORT REGULATION  
-  Export financing, subsidy and promotion policies  
Question 31 
Paragraph 158: Please provide an update on the export promotion law.  
• What commodities will be  covered?  
• Will this law include provisions to develop transportation infrastructure and reduce 
transportation costs, such as described in paragraph 22?  
• What other provisions will this law include?  WT/ACC/TLS/16  
 
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  • When will the export promotion law be completed? Does Tim or-Leste intend to 
share a copy of the law with the Working Party?  
Answer:  
The Government is committed to finalize the Export Promotion Law to compliment Private 
Investment Law and is expected to be approved by the end of 2021 and to be enacted in the firs t 
half of 2022. A copy of this draft law has been submitted to the Working Party.  
Commodities identified and promoted to stimulate exports include: coffee (Arabica and Robusta); 
fisheries and aquaculture products (fish, prawns, seaweed); livestock products  (cattle, pig, chicken, 
goat); forestry products (sandalwood, teakwood, bamboo); organic vegetables and fruits (broccoli, 
cauliflower, banana, avocado, tangerine); and other potential niche and high value commodities 
such as candlenut, konjac, vanilla, coc onut, maize, rice, dragon fruits, legumes (peanuts, mung 
beans, soybeans, red beans), cocoa, tamarind, spices (peppers, cloves), tomatoes, sweet potatoes, 
cassava.  
This law defines the legal bases for the export and re -export of goods and services in Timor -Leste 
(which exclude exports and re -exports on oil and gas sector, or other sectors regulated by special 
law). It defines principles of liberalization in market access, guarantees and incentives for exporting 
companies; regulates the conditions of access to the benefits enunciated in this law, the obligations 
of the exporting companies and the establishments of the entities that inspect the company 's 
compliance. The law also will define the regime of administrative offenses and applicable rules to 
the activity of exporting companies (this will exclude tax and customs administrative offenses - 
which is regulated by tax and customs legislation).  It will not include provisions related to 
transportation infrastructure or on the transportation costs.  
Considering the early stage of this draft at this point, Timor -Leste  believe s that the priority is to 
obtain further inputs from relevant institutions. Thus, the law is soon to be shared and consulted 
with the relevant institutions both from public and pri vate sectors  (by end -June) . It is scheduled to 
be submitted and approved by the Council of Ministers by the end of th e year, and to be discussed 
and approved by the National Parliament within the first half of 2022. It will be implemented within 
a year aft er its promulgation  (in 2023) . 
C.  INTERNAL POLICIES AFFECTING FOREIGN TRADE IN GOODS  
-  Technical barriers to trade, standards and certification  
Question 32 
Questions and Replies (WT/ACC/TLS/4), follow up to  Question 26:  In its response to 
Question 26, Timor -Leste explains its plans for the development of the necessary 
legislation and regulations to comply with the TBT Agreement.  
• Would the process of building of the legal and institutional framework that includes 
legislation, technical regulations, standards, and conformity assessment 
procedures to comply with the WTO TBT Agreement also  include 
the establishments of Inquiry Points and Notification Authorities as transparency 
institutions required under the WTO TBT Agreement?  
Answer:  
In the process of building the legal and institutional framework, Timor -Leste will ensure that all of 
its legislations, technical regulations, standards and conformity assessment procedures will comply 
with the WTO TBT Agreement, which will include the establishments of Inquiry Points and Notification 
Authorities as transparency institutions required under the  WTO TBT Agreement.  
• In the area of international standards, would the Government of Timor -Leste seek 
technical assistance to participate in international standards setting bodies 
activities such as those under Codex?  WT/ACC/TLS/16  
 
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  Answer:  
Yes, since Timor -Leste has become a member of Codex Alimentarius in February 2018 , 
the Government of Timor -Leste is open to seek technical assistance to participate in international 
standards setting bodies activities such as those under Codex.  
Therefore, Timor -Leste has preliminarily identified specific Technical Assistance needs to participate 
in the international standards, namely training in the areas of:  
a) Food Safety, Quality and Standards; and  
b) TBT Training of Trainers (ToT) programme.  
-  Sanitary and phytosanita ry measures  
Question 33 
Questions and Replies (WT/ACC/TLS/4), follow up to  Question 27:  Timor -Leste states 
that a major change of the draft Action Plan may involve the split of the legal text into 
two Decree -Laws, one on Animal Health and Quarantine and another on Plant Health and 
Quarantine.  
• Can Timor -Leste provide us with an update on whether it will split the legal text 
into two Decree -Laws?  
Answer:  
Yes, the two Decree -Laws will  be separated into two legal texts.  These draft laws have been 
submitted to  the Ministry of the Presidency of the Council of Ministers (MPCM) for circulat ion to 
the Council of Ministers for approval. Further technical discussion is to take place between the 
Ministry of Agriculture and Fisheries and the MPCM prior for their circulation in the coming weeks.  
 
• Outside of the areas of coordination through AIFAESA described  in Articles 16 of 
the draft animal and plant laws, please identify and describe any proposed 
additional areas of coordination between the VA and NPPO.  
Answer:  
The Directorate for Quarantine under the Ministry of Agriculture and Fisheries provides its role  as 
the entry point for plant and animal products for import and export. The Veterinary Authority (VA)  
and the National Plant Protection Officer (NPPO)  coordinate directly within the same Ministry. Outside 
of the areas of coordination through AIFAESA, additional areas of coordination will be  also conducted 
with: 
i. The Ministry of Health:  all medicine for animals should have prior authorization from 
the Ministry of Health.  
ii. The Ministry of Tourism, Comme rce and Industry (MTCI):  MTCI will provide the rules of 
origin certificate for products to be exported in relation to animal and plant products.  
iii. The Registry Service and Business Verification (SERVE):  all commercial activities, 
including importing and expo rting, should obtain business licensing authorization from 
SERVE, where the license should already list out export/ import activities as this 
document will be required for inspection by the Customs Authority.  
iv. Agency for Export Promotion and Investment (Tra deInvest):  The authorities will also 
coordinate with  TradeInvest. on matters related to investment certificates.  
v. Chamber of Commerce of Timor -Leste  (CCI-TL): is obliged to follow the rules set by 
the VA and NPPO on the procedures for export and import of a nimal and animal 
products, and plant and plant products.  WT/ACC/TLS/16  
 
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  • Please describe the coordination among the three agencies (VA, NPPO, and 
AIFAESA) on the SPS enquiry point. Will VA maintain a separate OIE contact point? 
Will NPPO maintain a separate IPPC contact p oint once it become a contract party 
to the IPPC?  
Answer:  
According to the Draft D ecree Laws on Animal Health and Quarantine and on Plant Health and 
Quarantine , the Veterinary Authority (VA) and the National Plant Protection Officer (NPPO)  work in 
coordination with AIFAESA to conduct inspections for products exceeding their date of expiry for 
the purpose of protecting human, animal,  and plant health. Meanwhile, the Department of 
Quarantine will exercise its role to control every product  entering at the border under the incubation 
process (between 14 to 21 days) depending on the sample result at the laboratory.  
With regards to the contact points , the VA will maintain a separate OIE contact point, while NPPO 
will maintain a n IPPC contact point once it becomes a contracting party to the IPPC.  
• Please explain what transparency requirements are currently in place in Timor -
Leste. Does Timor -Leste publish draft  regulations, solicit comments from 
interested parties, and take those comments into account before publishing 
the final regulation?  
Answer:  
Timor -Leste is yet to develop any draft regulations on transparency requirements on this matter, 
however, consideri ng Timor -Leste 's commitment to harmonize with the international standards 
under  the OIE and IPPC, Timor -Leste will ensure that any publications will be consulted with 
the relevant partners at an early stage for comments before publishing such regulations i n the 
future.  
• Will Timor -Leste also look to the standards of Codex, OIE, and IPPC as it develops 
its SPS regulations?  
Answer:  
Yes, considering Timor -Leste 's active participation as a member of Codex, it remains committed to 
push for the necessary reforms to be in conformity with standards of Codex, OIE, and IPPC as it 
develops its SPS regulations.  
Question 34 
Paragraph 166: Since its submission of this MFTR in 2017, Timor -Leste became a member 
of the Codex Alimentarius Commission; however, it is a non -contracting party to 
the International Plant Protection Convention (IPPC).  
• Please include Timor -Leste's Codex membership in the draft Factual Summary to 
be reviewed by the Working Party.  
Answer:  
Timor -Leste 's Codex membership has been included in the Factual Summary  of the Points Raised . 
• Does Timor -Leste have plans to become a contracting party to the IPPC? If so, 
when?  
Answer:  
Timor -Leste has put significant effort to comply with t he International Plant Protection Convention 
(IPPC) by actively participat ing as an observer to the IPPC. Despite that, Timor -Leste presently 
recognizes a few challenges it faces to fully comply with the requirements set by IPPC, which includes WT/ACC/TLS/16  
 
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  providing b asic infrastructure to establish a national laboratory in conformity with the International 
standard  set under IPPC . 
Having said that, Timor -Leste has shown its full commitment to IPPC through its membership to 
the Asia and Pacific Plant Protection Commission (APPPC) in November 2012 with a hope to become 
a member of the IPPC in the near future , once Timor -Leste has established the necessary  
infrastructure and strengthe ned its targeted human resources capacity . 
At the same time, Timor -Leste remains open to the necessary assistance from Members to accelerate 
Timor -Leste 's membership to the IPPC.  
• Will the contact point be the same as is listed currently on the IPPC website?  
Answer:  
The contact point IPPC is the same as registered  on the IPPC website since 2008 , as follows : 
 
Name:  Mr Americo Alves Brito  
E-mail address:  bamerico@hotmail.com or americoalvesbrito@yahoo.com  
Position:  Chief of Department for Plant Protection, Department of Plant Protection for 
Agricu lture and Horticulture, the National Directorate of Agriculture and 
Horticulture, Ministry of Agriculture and Fisheries of Timor Leste  
Address:  Ministry of Agriculture and Fisheries of Timor Leste, Presidente. Nicolao  
Lobato, No 5 Comoro – Dili, Timor -Leste  
Website:  https://www.ippc.int/en/countries/timor -leste/  
 
Question 35 
Paragraph 166 states that: "Timor -Leste became a member of the International Office for 
Epizootics (IOE), the World Organization for Animal Health (OIE) on 16 November 2010. 
It is not a member of the Codex Alimentarius Commission but is eligible to become a 
member by virtue of being a member of the WHO and the FAO. It is not a party to the 
International Plant Protection Convention (IPPC)."  
• How does Timor -Leste plan to promote and ensure the utilization of Codex 
standards for consumer safety and trade facil itation?  
Answer:  
Timor -Leste has be en a member of the Codex Alimentarius since March 2017 and  has since been 
actively participat ing and ensur ing its compliance with the standards for consumer safety and trade 
facilitation.  
On the other hand, Timor -Leste has put  forth significant effort to comply with the International Plant 
Protection Convention (IPPC) by actively participat ing as an observer to the IPPC. Despite that, 
Timor -Leste presently recognizes a few challenges it faces to fully comply with the requirements set 
by IPPC, which includes providing basic infrastructure to establish a national laboratory in conformity 
with the International stan dard. 
At the same time, considering the lack of standardized facilities to be in full compliance with 
the international standards for consumer safety and trade facilitation, Timor -Leste is committed to 
strengthen ing its trade facilitation in the referred s ector as soon as it has established the necessary 
infrastructure and strengthen ed its targeted human resources capacity . 
Question 36 
Paragraph 168:  
• Please explain why applications for import permits must be accompanied by 
a certificate of origin.  WT/ACC/TLS/16  
 
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  Answer:  
Reflecting on Timor -Leste 's minimum infrastructure conditions to prevent disease outbreak in 
the country, to be more precautious of risks that may be imposed from outbreak from any imported 
country , Timor -Leste believes that the most effective measure is through preventing the importation 
of diseases. Thus, to ensure that no disease has been identified in the importing country, it is 
pertinent that the applications for import permits be accompanied by a certificate of origin.  
 
Timor -Leste confirms that the requirement of  a certificate of origin complies with the rules set under 
the OIE and IPPC standards.  
Question 37 
Paragraphs 168, 169, 172, 173 and 175: Could Timor -Leste to explain where 
the conditions to import plant and plant products and to import animals and animal 
products will be laid down as the current draft decree laws (d raft decree law on plant 
health and quarantine – recommendations, draft decree law on animal health and 
quarantine)  do not provide the details of these conditions . Could Timor -Leste provide 
copies of the draft import requirements for animals, animal products and plants and plant 
products.  
 
Answer:  
The conditions to import plant s and plant products , and to import animals and animal products will 
be laid down in a Ministerial Diploma , once the draft Decree -Laws have  been in place , where such 
diploma  will also elaborate its derivative products. This process will accelerate  any future amendment 
on the c onditions to import plant s and plant products , and to import animal s and animal products.  
Having said that, Timor -Leste confirms that these conditions will be in accord ance with the rules laid 
out under the OIE and  IPPC standards . 
A copy  of the import requirement s document for animals  and animal products , and plants and plant 
products have been made available to the Working Party .  
Question 38 
Paragraphs 168, 169, 172, 173 and 175: In accordance with the IPPC, it is 
the responsibility of the National Plant Protection Organization (NPPO) of the exporting 
party to ensure that the products comply with the requirements of the importing party. 
Could Timor -Leste clarify if and where pre -clearance inspections will be requested?  
Answer:  
Timor -Leste recognizes the matter raised by a Member on its current practice on the pre -clearance 
inspection of goods. Nevertheless, to be more precautious of risks that may be imposed from 
an outbreak from any imported country , Timor -Leste recogni zes the importance of preventive 
measures for disease outbreak that may further degrade the health of our  environment . Therefore, 
in practice, Timor -Leste through the National Plant Protection Officer (NPPO) obliges to conduct  
pre-clearance inspections upon request or only when there is a disease outbreak in an importing 
country, where pre -inspection will be conducted by the competent Authority.  
In spite of that, Timor -Leste will be committed to replace the current system with Members ' future  
assistance in providing basic facilities to prevent disease outbreak in the country  to be in accordance 
with the procedures set under the IPPC. 
Question 39 
Paragraphs 168, 169, 172, 173 and 175: Regarding import permit, could Timor -Leste 
explain what is the purpose of the import permit requirement established? In particular, 
could Timor -Leste provide the list of products for which such an import permit will be 
required prior to export? Could Timor -Leste also  provide detailed information on WT/ACC/TLS/16  
 
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  the procedure to be followed to obtain an import permit, the expected timeframe, and 
the criteria for possibly refusing to deliver an import permit? Timor -Leste is invited to 
clarify how this procedure will comply with the WTO SPS Agreement, in particular 
Annex  C(1)(b). 
Answer:  
Timor -Leste 's sanitary and phytosanitary measures are applied according to Decree -Law 
No. 21/2003 of 31 December  2003 on Quarantine and Sanitary Control on Goods Imported and 
Exported  and implementing Government Decree No. 1/2006 of 20 September  2006 on the General 
Quarantine Regulations.  
According to Article 14 of Decree -Law no. 21/2003 the following items shall be subject to 
the previous import permit to be issued by the Directorate of Qu arantine Services, under the Ministry 
of Agriculture and Fisheries:  
a) Live animals;  
b) Live plants;  
c) Animal or vegetal products as specified by law; and  
d) Any other good, or merchandise, animal or vegetal organism as specified by law.  
To obtain an impo rt permit, importers are required to submit a complete d application form and 
attach a certificate of origin. The application form requires the address and contact details of 
the exporter and importer, and the country of origin. For each item, the applicant  is required to list 
the country of origin, the common product name, the scientific names, a description of the items, 
and the quantity or volume to be imported.  
In all cases the importer must provide details on the routing, transport mode, and expected da te of 
arrival. The importer is required to specify if they have access to a registered Quarantine Approved 
Premise (QAP). When the importer (or the clearing agent) has submitted the completed application 
form, the Department of Quarantine will contact thei r counterpart in the exporting country to request 
verification. Each import requires a separate permit and must complete the full verification process.  
Importation can be made immediately upon the granting of a sectoral import permit. The Import Permit 
must be signed by the National Directorate of Quarantine. The decision to grant an import permit shall 
take place within 3 working days without any fee in accordance with the Decree -Law regulating 
the procedure to obtain an import permit.  
According to Article 56 of the Government Decree, the certificate is valid until the period that 
the imported goods arrive. At the actual importation, the import permit shall be presented to 
customs authorities for clearance procedures according to the ASYCUDA World  System that has been 
adopted by Timor -Leste.  The Customs Authority has the right to detain any products should there 
be no certificate for the specific products under these criteria.  
At the same time , Timor -Leste confirms that the procedures to obtain an import permit will comply 
with the SPS Agreement, in particular with Annex C(1)(b) of the Agreement.  
Question 40 
Paragraphs 168, 169, 172, 173 and 175: We welcome the provision that pr ovides that 
the fees charge by Phytosanitary Authorities must be based on a recovery of the actual 
costs. Could Timor -Leste ensure that the methodology to calculate these costs are publicly 
available or at least available upon request?  
Answer:  
Currently, there are no fees applied to obtain an import permit. Should any fees be charged in 
the future, Timor -Leste kindly took note of the input made by Members to ensure that 
the methodology to calculate these costs are publicly available or at least available upon request. In WT/ACC/TLS/16  
 
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  addition, Timor -Leste would like to emphasize that such methodology would be applied in 
a transparen t manner.  
Question 41 
Paragraphs 168, 169, 172, 173 and 175: Could Timor -Leste clarify where pre -clearance 
inspec tion would be requested? We consider as a matter of principle that the veterinary 
inspection of goods should be the responsibility of the veterinary authorities of 
the exporting country. We would like to invite Timor -Leste to reconsider this option, which 
could be replaced by systems audit carried out by the veterinary services of the importing 
party.  
Answer:  
Timor -Leste recognizes a matter raised by a Member on its current practice on the pre -clearance 
inspection of goods . Nevertheless, to be more pr ecautious of risks that may be imposed from 
an outbreak from any imported country , Timor -Leste recognizes the importance of preventive 
measures for disease outbreak that may further degrade the health of our environment. Therefore, 
in practice, Timor -Leste  through the Veterinary Authority (VA) obliges to conduct pre -clearance 
inspections upon request or only when there is a disease outbreak in an importing country, where 
pre-inspection will be conducted by the competent Authority.  
In spite of that, Timor -Leste will be committed to replace the current system with Members ' future 
assistance in providing basic facilities to prevent disease outbreak in the country to be in accordance 
with the procedures set under the OIE. 
Question 42 
Paragraphs 168, 169, 172, 173 and 175: Could Timor -Leste explain the procedure and 
anticipated timeline to obtain an import permit for the import of live animals or animal 
products? Could Timor -Leste also provide the criteria to be used to decide to deliver or 
refuse to deliver an import permit? We would like to invite Timor -Leste to reconsider this 
import procedure and replace it by a system of approved countries and establishments 
which is less cumbersome, more transparent and can provi de appropriate guarantees.  
Answer:  
To obtain an import permit, importers are required to submit a complete d application form and 
attach a certificate of origin. The application form requires the address and contact details of 
the exporter and importer, and  the country of origin. For each item, the applicant is required to list 
the country of origin, the common product name, the scientific names, a description of the items, 
and the quantity or volume to be imported.  
In all cases , the importer must provide de tails on the routing, transport mode, and expected date 
of arrival. The importer is required to specify if they have access to a registered Quarantine Approved 
Premise (QAP). When the importer (or the clearing agent) has submitted the completed application s 
form, the Department of Quarantine will contact their counterpart in the exporting country to request 
verification. Each import requires a separate permit and must complete the full verification process.  
At the time of actual importation, the Directorate  General for Customs Authority has the right to 
detain any products should there be no certificate for the specific products under these criteria.  
At the same time, Timor -Leste took note of Members' concern to replace  the current import 
procedure by a system of approved countries, which is less cumbersome, more transparent and can 
provide appropriate guarantees . Hence , the current applied  measure will be revised as soon as 
appropriate facilities have been in place to b e in conformity with the international standards . WT/ACC/TLS/16  
 
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  Question 43 
Paragraphs 168, 169, 172, 173 and 175: The Veterinary Authority can regulate the use of 
coccidiostats, antibiotics, growth promoter hormones and other medication and 
therapeutica l substance in feed. We would like to stress that the use of antibiotic in animal 
production including in particular the use as growth promoters, is an important factor of 
the development of anti -microbial resistance. We would like to invite Timor -Leste to  ban 
the use of antibiotic for growth promotion or develop a plan for phasing out such use.  
Answer:  
Timor -Leste took note  of the input made by Members to ban the use of antibiotic for growth 
promotion. In practice, the Government of Timor -Leste through the  Veterinary Authority has been 
exercising its competenc e to ban the importation of antibiotic and growth promotion substance s in 
accordance with the OIE standard.  
Question 44 
Paragraphs 168, 169, 172, 173 and 175: We welcome the provision that provides that 
the fees charge by Veterinary Authority must be based on a recovery of the actual costs. 
Could Timor -Leste to ensure that the methodology to calculate these costs are publicly 
available or at least available upon request?  
Answe r: 
Currently, there are no fees applied to obtain ing an import permit. Should any fees be charged in 
the future, Timor -Leste kindly took note of the input made by Members to ensure that 
the methodology to calculate these costs are publicly available or at least available upon request. In 
addition, Timor -Leste would like to emphasize that such methodology would be applied in 
a transparen t manner.  
Question 45 
Paragraph 170: Timor -Leste listed 15 commodities that are subject to import 
authorization.  
• What is the scientific or trade justification for subjecting these fifteen commodities 
to import authorization?  
Answer:  
The identified 15 commodities were selected according to the rules set by the IPPC, as these products 
are identi fied to pose higher risks to human, animal or plant health. Thus, considering  the lack of 
basic facilities to prevent disease control in the country, to be more precautious to risks that may 
be imposed from an imported outbreak, Timor -Leste believes that the most effective measure is to 
conduct pre -clearance inspections upon request or only when there is a disease outbreak in 
an importing country, where a pre -inspection will be conducted by the competent Authority.  
• Why d oes the requirement for import authorization not apply equally to all 
horticulture commodities?  
Answer:  
Other products that are not classified under the 15 commodities have been identified to pose lower 
health risks, and thus do not require pre -clearance inspections prior to be ing imported into 
the country. These risks were selected in accordance with to the lists identified by the IPPC.  
• What is the difference between an import licence (paragraph 168), an import 
permit (paragraph 169), and the import autho rization mentioned in this 
paragraph?  WT/ACC/TLS/16  
 
- 34 - 
 
  Answer:  
The difference between an import license and an import permit is as follows:  
An Import License is a license required to start any commercial activities , while an Import permit is 
a permit required for the export and import of animal and plant products as elaborated in the current 
Decree Law (as well as in the draft D ecree -Laws), and at the same time, in accordance with 
the conditions set under the OIE and the IPPC.  
• What agency will be responsible for granting the import authorizations?  
Answer:  
The National Directorate of Quarantine and Biosecurity under the Ministry of Agriculture and Fisheries 
is responsible for granting the import authorizations/import permit s. 
Question 46 
Paragraph 171:  
• In the event a country has a localized outbreak of an animal disease or plague, will 
Timor -Leste allow for regionalization of imports from areas shown to be free from 
the disease/pest?  
Answer:  
Yes, should there be an animal disease or plague, Timor -Leste will allow for regionalization of imports 
from areas shown to be free from the disease/pest, provided that the goods imported are properly 
certified according to the standards set under the OIE and the IPPC.  
• For example, if a country has regional isolation  methods in place to ensure that 
these types of outbreaks are centralized, controlled, and mitigated, would  
Timor -Leste allow imports of products, provided they were accompanied with 
appropriate phytosanitary documentation?  Does this apply to import for s eeds as 
well?  
Answer:  
Yes, Timor -Leste will allow imports of products, including import for seeds, if a country has regional 
isolation methods in place to ensure, control, and mitigate these types of outbreaks, coupled with 
appropriate phytosanitary documentation . 
Question 47 
Questions and Replies (WT/ACC/TLS/4), follow up to  Question 28:  
• Please identify and explain procedures in place for the review and re -assessment 
of products according to Timor -Leste's risk analysis requirement before issuing 
an import licence.  
Answer:  
To obtain an import permit, importers are required to submit a complete d application form and 
attach a certificate of origin. The application form requires the address and contact details of 
the exporter and importer, and the country of origin. For each item, the applicant is required to list 
the country of origin, the common product name, the scientific names, a description of the items, 
and the quantity or volume to be imported.  
In all cases , an importer must provide details on the routing, transport mode, and expected date of 
arrival. The importer is required to specify if t hey have access to a registered Quarantine Approved 
Premise (QAP). When an importer (or the clearing agent) has submitted the completed applications WT/ACC/TLS/16  
 
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  form, the Department of Quarantine will contact their counterpart in the exporting country to request 
for verification. Each import requires a separate permit and must comply with  the full verification 
process.  
Question 48 
Questions and Replies (WT/ACC/TLS/4), follow up to  Question 30: We appreciate that 
the Government of Timor -Leste is currentl y revising and is open to revisiting its 
quarantine and sanitary control framework. We would strongly encourage Timor -Leste to 
rely on the guidelines of Codex, OIE and the IPPC as it revises its sanitary and 
phytosanitary measures.  
• Timor -Leste cites Artic le 36 of Decree -Law No. 21/2003, which identifies weight 
requirements for imports of fresh meat. Please explain the justification for this 
requirement.  
Answer:  
The weight requirements for imports of fresh meat cited in Article 36 of Decree -Law No. 21/2003 
are merely used for statistical purposes to measure the annual consumption capacity of meat in 
the country.  
• Can Timor -Leste explain whether this weight requirement will be reconsidered as 
the Government of Timor -Leste revises and revisits its quara ntine and sanitary 
control framework?  
Answer:  
Considering the lack of basic facilities to facilitate data collection of meat consumption besides 
the weight requirement measure, Timor -Leste considers that the application of the weight 
requirements for impor ts of fresh meat is pertinent for statistical purposes.  
Having said that, Timor -Leste took note of Member s' concern, thus, such measure will be revised as 
soon as appropriate facilities have been in place to be in conformity with the international standards.  
Question 49  
General Questions regarding MRLs:  
• What maximum residue level (MRL) regime does Timor -Leste have in place?  
• Will Timor -Leste adopt Codex MRLs?  
• If there is no Codex MRL, what is the deferral pathway for imports? Will there be 
a process for requesting import tolerances?  
Answer:  
Since Timor -Leste became a member of Codex Alimentar ius in March 2017, Timor -Leste is obliged 
to follow the guidelines set under Codex Alimentarius MRLs. Having said that, Timor -Leste is yet to 
develop specific rules regarding MRLs and is planned to develop a Codex Commission in the future 
prior to adopt Co dex MRLs . In this view, Timor -Leste still adopts imported tolerance and the deferral 
pathway for import procedures in accordance with the rules set under the IPPC and the general rules 
for import procedures in the country, where Timor -Leste recognizes that the inspection and 
certification systems as fundamentally important and very widely used means of food control 
systems.  WT/ACC/TLS/16  
 
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  Question 50 
General Questions regarding transparency in SPS:  
Please provide an update on the following:   
• Establishment, operation, and activities of the SPS Information Center (SPS 
Enquiry Point);  
Answer:  
SPS Information Center s (Enquiry Point s): 
a) Chief Veterinary Officer (CVO) : 
 
Name : Dr Joanita Bendita da Costa Jong 
E-mail address : katitadog_2001@yahoo.com, lihirika@gmail.com  
Contact information : +670 -77546394  
Position : National Director of Veterinary/ OIE Permanent Delegate  
Address : Ministry of Agriculture and Fisheries of Timor Leste, 
Presidente. Nicolao  Lobato, No 5 Comoro – Dili, Timor -Leste  
 
b) Plants:  
 
Name:  Mr Americo Alves Brito  
E-mail address:  bamerico@hotmail.com, americoalvesbrito@yahoo.com  
Position:  Chief of Department for Plant Protection, Department of Plant Protection for 
Agriculture  and Horticulture, the National Directorate of Agriculture and 
Horticulture, Ministry of Agriculture and Fisheries of Timor Leste  
Address:  Ministry of Agriculture and Fisheries of Timor Leste, Presidente. Nicolao 
Lobato, No 5 Comoro – Dili, Tim or-Leste  
 
An update on the establishment, operation , and activities of the SPS Information Center has been 
included in Timor -Leste 's SPS Checklist along with its Annex on the Roadmap on the establishment 
and implementation of  the SPS Enquiry Point.  
• The identification of the authority responsible for making notifications to the WTO 
and ensuring transparency obligations are met on an ongoing basis;  
Answer:  
The Authorit ies responsible for making notifications to the WTO and ensuring transparency 
obligations  will be  in the Ministry of Agriculture and Fisheries, such as the Directorate for Quarantine 
and the Directorate for Veterinary.  
• The guidance or legislation requiring publication of proposed measures at an early 
stage for comment, requiring copies of prop osed measures to be provided.  
Answer:  
Timor -Leste is yet to develop any guidance or legislation requiring publication of proposed measures 
on this matter . However, considering Timor -Leste 's commitment to harmonize with the international 
standards, Timor -Leste will ensure that any publications will be consulted with the relevant partners 
at an early stage for comments to safeguard the transparency in SPS.  WT/ACC/TLS/16  
 
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  Question 51 
General Questions regarding AIFAESA:  
• Is the Authority of  Inspection and Supervision of Economic, Sanitary and Food 
Activity (AIFAESA) also the national standards setting body?  
Answer:  
Timor -Leste 's Institute for Quality, Public Institute (hereinafter referred to as IQTL IP) is the body 
responsible for defining the national standards. AIFAESA has the competence to execute the national 
standards defined by IQTL IP through inspection and supervision.  
 
IQTL IP was established in October 2020 under Decree -Law No. 10/2018 of 9 April  2018.  Its role is 
elaborated in Article 3  of the Decree -Law as follows:  
 
"3.1 The IQTL I.P. is the national regulatory body for Qualification, Standardization and Metrology 
and its mission is to implement and manage the national quality system and other regulatory 
qualifica tion systems conferred by law, to promote and coordinate activities that aim to contribute 
to demonstrate the credibility of the actions of economic agents, as well as develop actions necessary 
for its function as a national metrology laboratory.  
 
3.2 The duties of IQTL I .P. are to:  
 
a) Implement, manage and coordinate a national quality system, with a view to integrating 
all the relevant components for improving the quality of products and services, 
contributing to increasing productivity, competitiveness and  innovation in the public and 
private sectors;  
b) Propose to the government measures leading to the definition of national policies related 
to the national quality system, within the scope of standardization, qualification and 
metrology;  
c) Implement and manage the national metrology laboratory in the scientific and applied 
components, ensuring the realization, maintenance and development of national 
standards of measurement units and their traceability to the International System (I S) 
promoting its dissemination  throughout the national territory;  
d) Ensure and manage the legal metrological control system for measuring instruments, 
recognize competent entities for the delegated exercise of that control, whenever this 
proves necessary to guarantee national coverage an d coordinate the network 
constituted by those entities;  
e) Establish the quality identification marks of the national quality system and ensure the  
respective management;  
f) Promote and develop training actions in the field of quality, namely qualification, 
standardization and metrology;  
g) Guarantee and develop quality through the establishment of protocols and strategic 
partnerships with public and private entities, as well as scientific and technological 
entities that voluntarily or through inh erent functions join efforts to define principles 
and means that aim at quality standards;  
h) To coordinate, qualify and recognize public sector and private entities as sectorial 
standardization bodies in which IQTL IP . delegates technical standardization fun ctions 
in sectors of specific activity;  
i) Develop cooperation and service provision activities to national and foreign entities 
interested in the field of quality;  
j) Ensure and promote the participation of Timor -Leste as a member of organizations, 
working grou ps and other international bodies within the scope of its powers and 
competences;  
k) Ensure the participation of Timor -Leste as a member of international metrology 
organizations and the obligations arising therefrom, namely participation in 
the respective wor ks. 
3.3 In order to carry out its duties, the IQTL I .P. must promote coordination and collaboration with 
services and bodies of the Ministry of Commerce and Industry (MCI) and other ministries in the WT/ACC/TLS/16  
 
- 38 - 
 
  respective areas of activity, as well as with other nati onal and international entities, of a public or 
private nature. " 
• If so, does AIFAESA plan to become a member of the International Standards 
Organization (ISO)?  
Answer:  
IQTL IP. has the competence to adhere to the  International Standards Organization (ISO), but as 
the Institution is not yet fully function al, AIFAESA IP and IQTL IP have been working in collaboration 
to facilitate a number of meetings with the ISO team to ensure that Timor -Leste has been complying 
to the international standards set by the ISO . Such effort s reflect Timor -Leste 's strong commitment 
to becom ing a member of the ISO in the near future.  
The Government, through IQTL IP., will put the necessary efforts to promote coordination and 
collaboration  with the relevant bodies to be aligned with the ISO standards. These relevant 
coordination bodies include the Ministry of Tourism, Commerce and Industry, Ministry of Health, 
Ministry of Agriculture and Fisheries, Ministry of Public Works, AIFAESA, Nationa l Authority for 
Petroleum and Minerals , and including the private sector.  
Nevertheless, to be ISO complian t, IQTL IP. requires further assistance in developing the necessary 
facilities, including developing a standardized laboratory to facilitate commercia l activities and 
strengthen human resources capacity in the specific area s. Thus, Timor -Leste would  be open  to 
further assistance from Members in developing a standardized  laboratory to strengthen the role of 
IQTL IP . as the national regulatory body for Qualification, Standardization and Metrology.  
Question 52 
Draft Plant Health Law:  
• Articles 4 and 10: Does establishment of the NPPO indicate Timor -Leste wil l 
become a contracting party to the IPPC? Will the IPPC contact point be the same 
as the SPS enquiry point?  
Answer:  
Timor -Leste continues to put forth the necessary efforts to be aligned and compliant with the rules 
set under the IPPC, including to establish an inquiry point for the NPPO. Despite that, a few 
challenges remain  before becoming  a member of the IPPC, which includes  establish ing 
a standardized laboratory in conformity with the International standard set by IPPC.  
With regards to the SPS contact points, the Veterinary Authority will maintain a separate OIE contact 
point, while NPPO will maintain a separate IPPC contact point once it becomes a contracting party 
to the IPPC.  
• Article 5: "Living modified organisms" are included in this part of the draft law and 
within the regulatory scope of the NPPO. In regard to the issuance of import 
permits under Article 31 of this draft law, will Timor -Leste accept the validity of 
regulatory authorities' risk assessments and Codex guidelines as sufficient for 
import of agricultural biotechnology products?  
Answer:  
Yes, in regard to the issuance of imp ort permits under Article 31 of this draft law, Timor -Leste 
remains committed to push for the necessary reforms  in the future to accept the validity of regulatory 
authorities ' risk assessments and Codex guidelines as sufficient for import of agricultural 
biotechnology products.  WT/ACC/TLS/16  
 
- 39 - 
 
  • Article 5(xv): Please elaborate on what the pre -clearance inspection process 
entails and any related policies. What is the procedure for testing these pre -cleared 
imports upon arrival into the country?  
Answer:  
In all ca ses, an importer mu st obtain their import permit prior to the pre -clearance inspection 
process. The general process to obtain an import permit has been elaborated in the previous 
responses. Once cleared, the relevant authorities will be obliged to conduct pre-clearance inspections 
upon request or only when there is a disease outbreak in an importing country, where pre -inspection 
will be conducted by the competent Authority. Such process includes conducting a thorough review 
of the imported goods based on im porters ' import authorizations. A sample will be tested at 
the designated location (abroad) or any location that has been accredited by IPPC standard to ensure 
that no risks will be imposed by the products.  
• Article 5(xxii): Please identify the international standards. Are similar measures in 
place to ensure that measures in the field of food safety and human and animal 
health align with the international standards, recommendations, and guidelines of 
the OIE and Codex?  
Answer:  
Yes, considering Ti mor-Leste 's membership to both the OIE and Codex, Timor -Leste  remains 
committed to  ensur ing that measures in the field of food safety and human and animal health align 
with the international standards, recommendations, and guidelines of the OIE and Codex.  
• Article 12: Where are the laboratories located that will be performing these tests? 
If Timor -Leste plans to join the ISO, will these laboratories be internationally 
accredited and/or utilize standards detailed in ISO 17025: Testing and Calibration 
Laborat ories  for its testing laboratories?  
Answer:  
As elaborated earlier, a sample will be tested at the designated location (abroad) or any location 
that has been accredited by IPPC standard to ensure that no risks will be imposed by the products. 
In all cases, an importer much obtain their import permit prior to import any products.  
While Timor -Leste is yet to join the ISO, the Government will put the necessary efforts to promote 
coordination and collaboration with the relevant bodie s to be aligned and compliant with the ISO 
standards. Nevertheless, to be ISO complian t, the Government still requires further assistance in 
developing the necessary facilities, including to develop an internationally accredited laboratory.  
 
• Article 18(a) : Does this harmonization apply to Maximum Residue Limits (MRLs)? 
Will Timor -Leste adopt Codex Alimentarius MRLs? If there is no Codex MRL, what 
is the deferral pathway for imports? Will there be a process for requesting import 
tolerances?  
Answer:  
Since T imor-Leste became a member of Codex Alimentar ius in March 2017 , Timor -Leste is obliged 
to follow the guidelines set under Codex Alimentar ius MRL s. Having said that, Timor -Leste is yet to 
develop specific rules regarding MRLs and is planned to develop a Codex Commission in the future 
prior to adopt Codex MRLs. In this view, Timor -Leste still adopts import tolerance and the deferral 
pathway for import procedures in accordance with the  rules set under the IPPC and the general rules 
for import procedures in the country, where Timor -Leste recognizes that the inspection and 
certification systems are fundamentally important and very widely used means of food control 
systems.  WT/ACC/TLS/16  
 
- 40 - 
 
  • Article 19: Wil l Timor -Leste also notify the WTO, in accordance with its obligations 
under Annex B of the SPS Agreement and Article 2.9 of the TBT Agreement, when 
the regulatory changes may have significant effect on trade with other Members 
or be of particular interest to parties in other Member countries?  
Answer:  
Yes, Timor -Leste will notify the WTO, in accordance with its obligations under Annex B of the SPS 
Agreement and Article 2.9 of the TBT Agreement, when regulatory changes may have significant 
effect on trade wit h other Members or are of particular interest to parties in other Member countries.  
• Article 26: Where will Timor -Leste publish the list of goods subject to 
phytosanitary control, including those that require import permits, phytosanitary 
certificates, or any other documents?  
Answer:  
Currently, Timor -Leste still applies a manual system in publishing the list of goods subject to 
phytosanitary control, including those that require import permits, phytosanitary certificates , or any 
other docum ents. Nevertheless, Timor -Leste is committed to adopt ing an online platform to publish 
the above  list in the future . One of its recent  efforts includes Timor -Leste 's current commitment in 
expeditiously adopt ing the ASYCUDA WORLD system . 
• Article 31: What measure will the import permit implement? Who can apply for 
a permit? What is the basis for granting a permit; what documents are required in 
an application; and, are there any requirements beyond a risk assessment?  
Answer:  
The current import permit requirements are applied based on the current enforced Decree Law No. 
21/2003, which also adopts the guidelines set under the IPPC. Such procedures will still be applied  
once the draft Decree -Laws have been in force . 
• Article 33: Please elaborate on the pre scribed testing procedures, including 
the process for sampling and the appeals process for disputing a claim.  
Answer:  
The prescribed testing procedures, including the process for sampling and the appeals process for 
disputing a claim , are as follows:  
i. Quarantine measures for inspections and detainment ; 
ii. Treatment, installation and isolation processes (between 14 to 21 days);  
iii. Requisition process (measures to be taken at the port); and  
iv. Should any products be identified to have contained any di seases that pose risks to 
human, animal or plant health, the Quarantine authorities will take the necessary 
measures  to reship or burn the identified products.  
• Article 35: Which implementing regulations relate to non -compliance?  
Answer:  
The NPPO has the au thority to notify non -compliance. While the National Directorate of Quarantine 
and Biosecurity and the National Directorate of Animal Health work in coordination to conduct 
inspections on the quality of products  such result s will be provided to the NPPO to take further action.  WT/ACC/TLS/16  
 
- 41 - 
 
  This process will be applied gradually once the new Decree Law has been approved with 
the assistance of related experts to ensure its full compliance.  
• Article 51: When will Timor -Leste publish this list of regulated pests?  
Answer:  
Timor -Leste is yet to have any conditions and facilities to publish the list of regulated pests. Even 
so, Timor -Leste kindly took note of this matter, where such measure will be revised as soon as 
appropriate facilities hav e been in place to develop  a system to publish such list in the near future.  
At the same time, Timor -Leste remains open to the necessary assistance from Members to accelerate 
Timor -Leste 's compliance to adopt such system.  
Question 53 
Draft Animal Health Law:  
• Article 13: Where are the laboratories located that will be performing these tests? 
Are these internationally accredited? What diseases or residues are veterinary 
authorities testing for? Please provide the regu lations referenced in Article 13.2.  
Answer:  
The Government has built a standard laboratory to conduct basic tests in the country, however, 
should a test require a complex procedure, a sample will be sent to the designated laboratory abroad 
or any location that has been accredited by OI E standard to ensure that no risks will be imposed by 
the products. In all cases, an importer much obtain their import permit prior to import any products.  
• Article 21: Will Timor -Leste also notify the WTO, in accordance with its obligations 
under Annex B of the SPS Agreement and Article 2.9 of the TBT Agreement, when 
the regulatory changes may have significant effect on trade with other Members 
or be of particular interest to parties in other Member countries?  
Answer:  
Yes, Timor -Leste will notify the WTO, in accordance with its obligations under Annex B of the SPS 
Agreement and Article 2.9 of the TBT Agreement, when the regulatory changes may have significant 
effect on trade with other Members or be of particula r interest to parties in other Member countries.  
• Article 28: Where will Timor -Leste publish the list of goods subject to veterinary 
control, including those that require import permits, veterinary certificates, or any 
other documents?  
Answer:  
Currently, Ti mor-Leste still applies a manual system in publishing the list of goods subject to 
phytosanitary control, including those that require import permits, phytosanitary certificates , or any 
related documents. Nevertheless, Timor -Leste is committed to adopt ing an online platform to publish 
the list above in the future. One of the efforts includes Timor -Leste 's recent commitment to adopt 
the ASYCUDA WORLD system.  
• Article 32: What measure will the import permit implement? Who can apply for 
a permit? What is the basis for granting a permit; what documents are required in 
an application; and, are there any requirements beyond a risk assessment?  
Answer:  
The current import permit requirements are applied based on Decree -Law No. 21/2003, which also 
adopts the guidelines set under the OIE. Such procedures will still be applied once the draft Decree -
Laws have been in force . WT/ACC/TLS/16  
 
- 42 - 
 
  • Article 34: Please elaborate on the prescribed sampling procedures and 
methodologies, including the process  for sampling and the appeals process for 
disputing a claim.  
Answer:  
The prescribed sampling procedures and methodologies, including the process for sampling and 
the appeals process for disputing claim , follow the guidelines set under the OIE.  
• Article 35: Please confirm that post -entry treatment for horticultural imports will 
be an option included in "phytosanitary treatment in order to remove the risk".  
Answer:  
Yes, Timor -Leste confirms that post -entry treatment for horticultural imports will be an option 
included in "phytosanitary treatment in order to remove the risk ". 
• Article 53: When does Timor -Leste plan to publish this list of notifiable diseases?  
Answer:  
Timor -Leste is yet to have any conditions a nd facilities to publish the list of notifiable diseases. Even 
so, Timor -Leste kindly took note of this matter, where such measure will be revised as soon as 
appropriate facilities have been in place to develop a system to publish such list in the near future.  
At the same time, Timor -Leste remains open to the necessary assistance from Members to accelerate 
Timor -Leste 's compliance to adopt such system.  
• Article 78:  Will Timor -Leste adopt Codex Alimentariu s veterinary drug MRLs?  
Answer:  
Yes, since T imor-Leste  became a member of Codex Alimentarus in March 2017, Timor -Leste is 
obliged to adopt  the guidelines set under Codex Alimentarius veterinary drug MRLs. 
Question 54  
Decree -Law No. 26/2016 of 29 June 2016 on  the Establishment of the Authority for 
Inspection and Supervision of Economic, Sanitary and Food Activities:  
• Article 15: Are inspection and supervision activities carried out in accordance with 
international standa rds and Codex Alimentarius? Does Timor -Leste test both 
imports and domestic foods for residues?  
Answer:  
Yes, since Timor -Leste became a member of Codex Alimentarus in March 2017 , the inspection and 
supervision activities are mostly carried out in accordance with international standards and Codex 
Alimentarius where Timor -Leste conduct s thorough inspection s for both imports and domestic foods 
for residues.  
• Article 16(m): Please provide additional information on the Official Program for 
the Control o f Pesticide Residues in Products of Plant Origin.  
Answer:  
The Government of Timor -Leste has recently drafted  a law on Pesticide s with the technical assistance 
of FAO, where the draft law will list out guidelines for authorities that have the competence over 
the application of pesticide.  WT/ACC/TLS/16  
 
- 43 - 
 
  Once this law is approved, the authorities under the Ministry of Agriculture and Fisheries will work 
in coordination with AIFAESA to regulate the guidelines established by  the law . 
• Article 17(f): Which international organ ization meetings does Timor -Leste plan to 
monitor and participate in? Will national standards be harmonized with 
international standards?  
Answer:  
Timor -Leste plans to monitor and participate in the following international organization meetings:  
1. Internation al Plant Protection Convention annual and semi -annual meetings;  
2. ASEAN Plant Protection Convention quarterly and semi -annual meetings;  
3. Codex Alimentarius meetings;  
4. Office International des Epizooties (OIE) meetings.  
Yes, Timor -Leste is committed to push for  any necessary reforms to harmonize its national standards 
with the international standards , reflect ed by the efforts  put forth  to become a member to the OIE, 
Codex Alimentarius and APPC, while also expeditiously pushing for membership to the IPPC through 
its active participation as an observer.  
Question 55 
Decree -Law No. 26/2012 of 4 July 2012 "Framework Law on En vironment":  
• Article 27(2): Article 27(2) states measures will be taken to prevent and minimize 
risks to biological diversity and human health from genetically modified living 
organisms. How will risks be determined?   
Answer:  
The Constitution of Timor -Leste clearly recognizes the importance of natural resources together with 
the protection of the environment. Section 61 of the Constitution states that "Everyone has the right 
to a humane, healthy, and ecologically balanced envir onment and the duty to protect it and improve 
it for the benefit of the future generations ". 
The Constitution also provides that the State shall recognize the need to preserve and rationalize 
natural resources and shall promote actions aimed at protecting the environment and safeguarding 
the sustainable development of the economy.  
Thus, activities related to environmental protection are prohibited for both national and foreign 
investment in accordance with Decree -Laws No. 26/2012, Article 1(c) and No. 5/2016, Article s 33 
and 34 (see negative list document  provided to the Working Party ). Having said that, while 
the abovementioned laws have restricted the environmental activities, t he Government has 
approved Decree -Law No. 6/2020 of 6 February  2020 on the Legal Regime to Protect and Conserve 
the Biodiversity  applicable to the conservation of biodiversity and the sustainable use of its 
components and the fair and equitable sharing of the benefits generated from genetic resou rces, as 
fundamental bases for family subsistence, food security and  the well-being and health of current 
and future generation . 
Article 34 of same Decree -Law states that the preservation and conservation of habitats and critical 
habitats necessary to ensu re that an organism or population of a species can survive and thrive is 
carried out within the national system of protected areas, without prejudice to the possibility of 
adopting specific ex situ measures . 
Thus, Article 37 identifies the measures of risks  for the importation of exotic species as follows:  
1. Exotic species that pose a threat to ecosystems, habitats or species are identified in 
a national list that contains in a discriminated way:  WT/ACC/TLS/16  
 
- 44 - 
 
  a) Identification of invasive alien species whose  import or circulation in the country 
is prohibited;  
b) Identification of non -invasive exotic species whose import or circulation must be 
regulated.  
2. The national list is prepared by the government member responsible for nature 
conservation and biodiversity, a fter consultation with the governmental entity 
responsible for the environment, the Biodiversity Advisory Committee, quarantine 
services and relevant research institutions, taking into account the available 
information , in the report referred to in article  24, as well as the provisions of 
the following article.  
3. The national list of exotic species is approved by  a Government Resolution.  
4. Any person, whether natural or legal, may submit a request for inclusion or removal of 
species from the national list of ex otic species to the government entity responsible for 
nature and biodiversity conservation.  
Invasive Species in Timor -Leste : 
Invasion of Chromolaena odorata (Siam weed) in agricultural lands, grasslands, land clearing and 
degraded forests is evident in Tim or-Leste and is harmful to both crops and animals. Its ability to 
spread rapidly increases the risk for bush fire.  Other identified and potential invasive species are 
Lantana gorse, Catharanthus roseus, Jatropha gossypifolia, Ziziphus mauritiana and Calotr opis 
gigantea.  
The Global Invasive Database lists the following invasive species found in Timor Leste2: 
Chromolaena odorata, Leucaena leucocephala, Thevetia peruviana, Mimosa diplotricha, Cyprinus 
carpio, Lutjanus kasmira, Gallus gallus, Porphyrio porphyrio, Cervus timorensis russa, and Varanus 
indicus. Studies also provide the habitat, geographical range and degree of invasiveness of these 
species.  
Meanwhile, please see table below  on the Annex II of the abovementioned  Decree -Law, which has 
listed  the Provisional List of Prohibited Invasive Species  identified according to the list of plants and 
animals in the National Biodiversity Strategy and Action Plan , coupled with the invasive species 
identified in the Global Invasive Species Database  (GISD) portal  document,  as follows:  
Table: Provisional  List of Prohibited  Invasive  Species  
 
Taxonomic Name  English Common Name(s)  
Bufo marinus  Cane Toad  
Duttaphrynus melanostictus  Common Asian Toad  
Cyprinus carpio  Common carp  
Aedes aegypti  Yellow fever mosquito  
Paratrechina longicornis  Crazy ant  
Varanus indicus  Mangrove monitor  
Jatropha gossypifolia  - 
Sida acuta  Common Wireweed  
Lantana camara  - 
Tithonia diversifolia  - 
Parkinsonia sp.  Palo Verde  
Prosopis pallida  Mesquite  
Ziziphus mauritiana  Rhamnaceae  
Chromolaena odorata  Siam Weed  
Mimosa diplotricha  Giant sensitive plant  
Leucaena leucocephala  - 
Thevetia peruviana  Yellow oleander  
 
2 Invasive Species in Timor -Leste . The Global Invasive Species Database : 
http://issg.org/database/species/search.asp?st=sss&sn=&rn=Timor -
Leste%20(East%20Timor)&ri=18888&hci= -1&ei= -1&fr=1&s ts=&lang=EN  WT/ACC/TLS/16  
 
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  • Will Timor -Leste ensure that any sanitary or phytosanitary measures to protect 
biological diversity and human health are based on scientific principles and are 
least trade restrictive as outlined in Articles 2 and 5 of the SPS Agreement?  
Answer:  
Timor -Leste will ensure that any sanitary or phytosanitary measures to protect biological diversity 
and human health are based on scientific principles and are least trade restrictive as outlined in 
Articles 2 and 5 of the SPS Agreement.  
Question 56 
Decree -Law No. 21/2003 of 31 December 2003 "Quarantine and Sanitary C ontrol on 
Goods Imported and Exported":  
• Article 10(4): What will be the basis for measuring the "threat to the environment, 
national economy, or public health" as outlined in Article 10?  
Answer:  
The basis for measuring the "threat to the environment, national economy, or public health " is set 
according to Government Decree no. 01/2006, of 20 September, on the General Quarantine 
Regulation  under Article 16 of Quarantine Measures as follows:  
1. In the implementation of the present General Regulation and other applicable legislation, 
the following quarantine measures may be taken:  
a) Inspection;  
b) Isolation;  
c) Observation;  
d) Treatment;  
e) Detention;  
f) Refusal to enter the country;  
g) Destruction;  
h) Release.  
2. Any incident that affects or has repercussion s on health control must be immediately reported 
to the Director who will decide on the measures to be taken.  
3. The communication referred to in the previous number is made according to a model to be 
approved by Ministerial Diploma.  
• Article 14: Are GE produc ts included as part of items a. -b. of Article 14? If so, will 
Timor -Leste accept the validity of regulatory authorities' risk assessments and 
Codex guidelines as sufficient for import of agricultural biotechnology products?  
Answer:  
Yes, Timor -Leste remains  committed to push for the necessary reforms in the future to accept 
the validity of regulatory authorities ' risk assessments and Codex guidelines as sufficient for import 
of agricultural biotechnology products.  
-  Government procurement  
Question 57 
Questions and Replies (WT/ACC/TLS/4), follow up to  Question 34: We thank Timor -Leste 
for informing Members about the passage of its latest Decree -Law No. 30/2019 of 
10 December  2019 concerning government procurement. Timor -Leste notes that 
the Decree was a result of several rounds of public hearings with r elevant stakeholders.  WT/ACC/TLS/16  
 
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  • Could Timor -Leste please elaborate on which amendments and updates are 
reflected in Decree -Law No. 30/2019 of 10  December  2019?  
• Are the stakeholder recommendations provided during the public hearings 
available to the public online?  
Answer:  
The amendment was reflected in Article 61.º/n.º 2 (c), which state s that all international public 
tenders had to be publicized in two international newspapers, so that the announcement for 
the opening of the tender would get to the broadest number of potential competitors.   
Because there are technological instruments that are able to provide the same guarantee, w ithout 
sacrificing transparency or equity principles, such as online platforms designed for this propose, 
the current law states that "the international public tender notice is published on at least two 
electronic platforms internationally used for the pur pose, in the English language or in another of 
the languages of international trade, as well as in a newspaper with national circulation, in 
Portuguese or Tetum ". Therefore, abandoning the need to publish in two international newspapers 
and using two elect ronic online platforms  instead  will still assure fair competition among the ones 
who wish to enter into a contract with the State.  
On the other hand, the stakeholder recommendations provided during the public hearings are not 
available to the public online . 
Question 58 
Questions and Replies (WT/ACC/TLS/4), follow up to  Question 34: Timor -Leste notes that 
as a least -developed country (LDC) it remains "committed to an alignment and compliance 
with the WTO rules, commensurate to Timor -Leste's development needs, according to 
Article V of the WTO Agreement on Government Procu rement and aiming a modern Public 
Procurement Framework."  
• Does Timor -Leste plan to seek any technical assistance as it continues to develop 
its public procurement framework?  
Answer:  
According to the Press Release  from the Council of Minister 's meeting th at took place on 
20 January  2021, the Minister of Finance presented to the Council of Ministers  the political and 
legislative options underlying the draft of the new Legal Regime on Procurement, Public Procurement 
and its Infringements. The new Legal Regime of Procurement and public procurement aims to resolve 
the existing constraints and improve the normative framework of procurement procedures related 
to the acquisition of goods and services or the execution of works, aimed at meeting the needs of 
the entities of the direct and indirect administration of the State.  
Therefore, technical assistance is  currently  being provided where by the public procurement system 
is subject to an evaluation, conducted with the support of the World Bank and the  Asian Dev elopment 
Bank, and according to the Methodology for Assessment to Procurement Systems (MAPS). The report 
resulting from this assessment will be submitted to the Government, with the pertinent 
recommendations.  
Therefore, the legal procedure will start soon,  in order to produce a new regime for public 
procurement.  
Having said that , Timor -Leste will ensure that such assistance will improve Timor -Leste 's 
procurement system to be aligned and compliant with Article V of the WTO Agreement on 
Governmental Procureme nt and  aim a t a modern Public Procurement Framework.  WT/ACC/TLS/16  
 
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  -  Regulation of trade in transit  
Question 59 
Paragraph 188 states that "under the Timor -Leste's Customs Code, goods in transit shall 
undergo control and customs inspection; their transportation shall take place under 
a transit declaration, issued in triplicate."  
• Could Timor -Leste please clarify if it applies any fees to goods in transit?  
Answer:  
The external transit regime allows the movement of foreign goods between two customs ports 
without such goods being subject to import duty and other charges. Thus, Timor -Leste would like to 
clarify that that it does not apply any fees to goods in transit.  
-  Agricultural policies  
(e)  Internal Policies  
Question 60 
General Questions: Has Timor -Leste developed or plan s to develop a new strategic plan 
to follow the Ministry of Agriculture and Fisheries str ategic plan of 2014 -2020? Will 
the new plan focus on any new areas of agricultural development?  
Answer:  
Concerning the current COVID -19 pandemic and its impact on the overall economic growth of 
the country, Timor -Leste will maintain the current strategic p lan, with a hope of reviewing 
the referred document with any necessary changes in the near future. Having said that, any changes 
will still be in line with the vision set under the current strategic plan.  
Question 61 
Paragraph 193: Accordin g to the Government of Timor -Leste website, the Ministry of 
Agriculture and Fisheries is responsible for the design, implementation, coordination, and 
evaluation of policy approved by the Council of Ministers in the area of agriculture, 
forestry, fisheries , and livestock. The description goes on to state the Ministry is to 
propose policy and draft legislation/regulations to: "establish technical support centers 
for farmers; manage technical and agricultural education; promote agricultural research 
and optim ization of agricultural land; control land use for agricultural production 
purposes; promote and monitor animal health; promote the agricultural and fishing 
industry; promote and control food production, including seed production; manage 
the Quarantine Ser vices; promote, in coordination with the Coordinating Minister for 
Economic Affairs, rural development by implementing a cooperative system for 
the production and commercialization of agricultural production; to carry out feasibility 
studies for the instal lation of irrigation systems, water storage, as well as the construction 
of the respective facilities." Many of these areas would be considered agricultural policies 
subject to WTO rules.  
• Please confirm that no such measures to support the agricultural sector have been 
established to date.  
• Please confirm that such measures, if implemented would be notified appropriately 
in relevant WTO notifications, such as a Table DS:1.  WT/ACC/TLS/16  
 
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  Answer:  
The Government of Timor -Leste has finalized its AGST document which was provided  to the Working 
Party in document WT/ACC/SPEC/TLS/ 1, where such measures have been notified appropriately 
within Table DS:1.  
• If any such measures have been established, please provide a brief description of 
the agricultural policies that have been implemented by the Government of  
Timor -Leste and the Ministry of Agriculture and Fisheries. Please include any 
explanation as to why such measures are not agricultural policies that would be 
included in paragraph 193.  
Answer:  
The Ministry of Agr iculture and Fisheries is working based on the Ministry 's strategic plan for  
2014-2020, and its short and medium strategic plans, which were develop ed in accord ance with 
the National Strategic Development Plan of 2011-2030.  The policies and its measures are still 
implemented due to its relevance.  
Agricultural Policies that have been implemented were developed according to the following 
documents : 
- Agriculture Policy in 2004 , with its revision in 2017 , in order to expand the Ministry 's plans and 
programs in accordance with the five ( 5) main priorities  mentioned previously . 
- Other ministerial d iploma s and legislation s that have been approved at the Council of Ministers  to 
facilitate and regulate  the established policies . 
V.  TRADE -RELATED INTELLECTUAL PROPERTY REGIME  
1.  GENERAL  
Question 62 
Questions and Replies (WT/ACC/TLS/ 4), follow up to  Question 39: We appreciate  
Timor -Leste's information on its accession to the World Intellectual Property Organization 
(WIPO).  
• What is the status of signing an MOU with WIPO?  If an MOU was signed, can  
Timor -Leste describe the scope of iss ues that the MOU covers?   
• Timor -Leste states that, as an LDC, it expects to be granted an adequate period to 
adopt TRIPS obligations. Please also provide an update on developing a National 
IP Strategy and corresponding Action Plan.  
Answer:  
The stated objective in  the MoU between Timor -Leste and WIPO is to raise awareness o n 
the significance of IP rights, the mechanisms behind  instituting and protecting these rights and 
the economic benefits that accrue from an IP regime.  In this context, support for the formulation 
and implementation of a national IP strategy for the Democratic Republic of Timor -Leste  has grown . 
A draft is expected to be finalized and signed by the respective parties this year . 
The MoU is currently under technical discussion to maximize  the benefits and ensure that WIPO 's 
assistance will target the necessary legislation and policy reforms to comply  with the WTO TRIPS 
Agreement,  aiming  to: 
i. Develop a National IP Strategy and its Action Plan;  
ii. Develop IPRs policy and strategic Action Plan;  WT/ACC/TLS/16  
 
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  iii. Integrate IPRs related agreements into the national policy and regulatory framework ; 
and,  
iv. Set up a National IP Office and capacity building.  
Accordingly, to achieve this objective, Timor -Leste will commit its elf to us ing the existing 
methodology and tools of WIPO to formulate a national IP strategy, while still recognizing the specific 
national circumstances and requirements.  
2.  SUBSTANTIVE STANDARDS OF PROTECTION  
-  Copyright and related rights  
Question 63 
Paragraphs 205 and 206  state that there are presently no laws and related substantive 
measures to ensure protection of  copy rights and related rights and of trademarks.  
• Is Timor -Leste planning to launch measures related to copyrights and trademark 
protection? If yes, please provide information on such measures and its 
timeframes.  
Answer:  
The Government of Timor -Leste expects to develop an IP related regulatory framework with 
technical assistance from the WIPO upon the signing of the MOU , aiming  namely  to (i) develop IPRs 
policy and strategic action plan; (ii) integrate IPRs related agreements into the national policy and 
regulatory framewo rk, and; (iii) set  up a National IP Office and capacity building. This draft MoU is 
expected to be finalized and signed by the respective parties this year.  
VI.  TRADE -RELATED SERVICES REGIME  
1.  GENERAL  
Question 64 
Has there been any new development on trade in services  for Timor -Leste since 
the publication of the MFTR in 2017? In particular, are there any rules and/or regulations 
that could potentially  conflict wit h the obligations under the GATS?  
Answer:  
No new trade in services related laws have been enacted since 2017 . There are no  rules and/or 
regulations that could potentially conflict with the obligations under the GATS.  
2.  POLICIES AFFECTING TRADE IN SERVICES  
Question 65 
Paragraph 237: Timor -Leste lists three r equirements that foreigners or foreign entities 
must comply with to supply services on a commercial basis in Timor -Leste as a Permanent 
Establishment (PE). This includes obtaining a Taxpayer Identification Number, obtaining 
a business license, and register ing the business entity with the Commercial Registration 
and Verification Service.  
• What is the estimated timeframe that foreigners or foreign entities would normally 
face in complying with these requirements, and does that timeframe differ for 
domestic na tionals or entities?  WT/ACC/TLS/16  
 
- 50 - 
 
  Answer:  
In general, the preparation of documents differs depending on the preparation of the clients prior to 
the submission of documents to the Commercial Registration and Verification Service (hereinafter 
referred to as SERVE IP).  
The required documents to be submitted by foreign entities include:  
i. Act of Deliberation: where foreign companies who are interested in establish ing and 
register ing their firm, need to submit the formal decisions from the company of origin 
through an Act of  Deliberation. The purpose of this Act is to create a Permanent 
Establishment (PE) of such company.  
ii. Original passport document, company 's bylaw, marriage certificate (if applicable), which 
need to be certified by a notary at the country of origin, prior to  being submitted to 
Timor -Leste 's mission for final certification attesting its legitimacy . 
iii. Identified location for business activity.  
Once these documents are submitted, SERVE will immediately verify for immediate steps, which will 
accordingly be processe d in1 to 5 business days, should the documents satisf y the requirements 
stated above.   
• Do domestic nationals or entities need to comply with the same requirements as 
foreigners or foreign entities?  
Answer:  
Yes, domestic nationals or entities need to comply with the same requirements as foreigners or 
foreign entities, with the exception of the Act of Deliberation, which is only imposed to foreign 
entities . Thus, the application process is still complying with the National Treatment principles set 
out under the agreement establishing the WTO.  
Question 66 
Paragraph 241 states that foreign suppliers of services can lease premises but cannot own 
land in Timor -Leste.  
• We would like to suggest for Timor -Leste to add further details on laws and 
regulations relating to leasing and ownership of properties built on land in  
Timor -Leste.  
Answer:  
The Constitution of the Democratic Republic of Timor -Leste duly underlines the re striction s 
relate d to land ownership, where only national citizens have the right to ownership of land. This 
section is elaborated under Section 54.4  on the Right to Private Property as follows:  
1. Every individual has the right to private property and can transfer it during his or her 
lifetime or on death, in accordance with the law.  
2. Private property should not be used to the detriment of its social purpose.  
3. Requisitioning and expropriation of prop erty for public purposes shall only take place 
following fair compensation in accordance with the law.  
4. Only national citizens have the right to ownership of land.  
At the same time, further details on laws and regulations relating to leasing and ownership o f 
properties built on land are pertaining in the following laws:   WT/ACC/TLS/16  
 
- 51 - 
 
  i. Law No. 1/2003 of 10 March 2003 on Legal Regime of Real Estate, which regulates 
property leased from the State. It declares that property that is leased from the State to individuals 
will eventually be reverted to the State towards the end of its contractual agreement, in its current 
state, which includes the properties that exist on the State land. The law also regulates 
the contractual agreement between the State and an individual, inclu ding the types of construction 
to be built on the State property/land.  Furthermore, the Government is currently in the process of 
drafting a decree law on property registration codes, which will regulate the criteria to build on State 
property/land ; 
ii. Law No. 10/2011 of 14 September 2011 on the Civil Code, which regulates leasing from 
private property. The Civil Code is an ordered, systematized and unitary set of rules on private law. 
It composes of rules that regulate the civil relations of individuals a nd legal entities, whether private 
or public. The Civil Code regulates the law of persons, obligations (such as contracts), things 
(movable and immovable property), families and succession ; 
The Code provides that p rivate property (for different purposes su ch as agricultural, services, 
and commercial activities) can be leased up to 50 years maximum. The leasing contact shall be 
made in writing. The amount of the rent shall be established in the contract and paid in the first day 
of the month. The rent shall be paid in US Dollars and it can be updated in accordance with the  terms 
provided for in the lease agreement or when there are works and improvements made in the property 
by the owner. In the case of default, the owne r can claim not only the missing rent b ut also request 
a compensation for damage and terminate the contract, unless the tenant pays the rent within 
ten days. In this case, the contract cannot be terminated. It shall be noted that stores and business 
that are sold are not subject to leasing agreement terms. As a result, stores and business can be 
sold without authorization from the owner of the building where the store or the business is located. 
However, the owne r shall be informed within 15 days. The owner can only be terminate the contract 
if the cases provided for in the law, such as, if the tenant (i) does not pay rent; (ii) use s the property 
for other purposes rather than the purpose that is agreed upon in the contract; (iii) carr ies out illegal 
activities in the property; (iv) undertakes  works and improvement that substantially change 
the property; sublet or borrow the property without the owner 's authorization;   
iii. Law No. 13/ 2017 of 5 June 2017 on Special Regime on the definition of ownership of 
real estate. This law establi shes the special regime in defining ownership of immovable property 
(land ownership), by recognizing and granting the criteria to determine initial ownership. This regime 
aims to clarify the legal status of land ownership (the legitimacy of formal land tit les issued during 
the Portuguese and Indonesian administrations). It also defines the regime on access and recognition 
of possessions (land occupation and informal arrangement of the property), legal mechanism for 
land acquisition and compensation.  
Questio n 67 
Paragraph 242:  Timor -Leste provides Annex 27 listing regulation in specific services 
sectors/sub -sectors.  In the Annex 27(A) (Business Services), Section A (Professional 
Services), Subsection (a) (Legal Services): Timor -Leste describes  the requirements that 
foreign lawyers must comply with in order to be registered with the Centre for Legal 
Training (CLT). One of these requirements is "having knowledge of the Timor -Leste legal 
framework."  
• How is knowledge of the Timor -Leste legal frame work assessed by the CLT?  
• If an examination is utilized to assess this knowledge, how often and in what 
locations is the exam offered? Does Timor -Leste make this information publicly 
available?  
Answer:  
In Timor -Leste, initial training for careers in the judiciary, including public prosecut ion and  public 
defen se, is held at the Legal and Judicial Training Centre (CFJJ/CLT) of the Ministry of Justice. 
Exceptionally, and until the establishment of the Timor -Leste Bar Association, the CLT maintains all 
competencies for  the training of lawyers.  WT/ACC/TLS/16  
 
- 52 - 
 
  The CLT houses a large collection of legal texts and most codes for Timor -Leste , is open to the public 
on weekdays and is staffed by a librarian.  
All of Timor -Leste 's legislation is posted on the Government 's Official Gazette ( Jornál da República ), 
which is available for free online . At the same time,  this legislation is also printed and made available 
for purchase at the Gráfica Nacional  (INTL).  
Legal documents are largely in the official language, Portuguese, with some in Tetúm .  
In addition to accessing hard copies of documents at the relevant offices or through the G ráfica 
Nacionál , one can access various libraries in Timor -Leste. The libraries  include : the CLT, a small 
library of the Ministry of Justice, The National Parliament 's collection, and the law faculty of various 
universities in Timor -Leste.  
Older legislation such as Portuguese and Indonesian laws and UNTAET regulations can also be found 
online as well as at Timor -Leste 's court of Appeal and the Ministry of Justice 's official gazette 
(http://tribunais.tl  and http://www.mj.gov.tl/jornal/ ).  
The recruitment and admission test for training at the CLT depends on the approval of the Minister 
of Justice. The order/dispatch of the Minister of Justice will contain an  announcement of the opening 
of the recruitment proc ess, the number of vacancies to be filled, specification of the professional 
careers to which the Ministry is intended to recruit,  and the tests to be carried out ( including 
respective subjects and reference of bibliography). The dispatch of the announceme nt has to be 
published in the Official Gazette.  
The examination will be held at the CLT, where the test  is conducted by a panel nominated directly 
by the Minister of Justice.  
The examination is compos ed of three tests: a) a written  test ( which aims to assess the knowledge 
and understanding o f the resolution of civil law cases, commercial law cases, criminal cases as well 
as civil and criminal  procedural law, and the Portuguese language exam); b) an interview test (which 
aims to evaluate the candidate 's legal knowledge, critical thinking ability , argumentation, and 
the level of understanding of Tetúm and Portuguese); and c) a Psychological test.  
Question 68 
Paragraph 242 refers to Annexes 27(A) to 27(M)  for information on regul ation in specific 
services sectors / sub -sectors.  
• In terms of the services sectors and sub -sectors that are listed in Annex 27, what  
sectors/sub -sectors are considered by Timor -Leste as sensitive and highly 
sensitive sectors?  
Answer:  
Timor -Leste has a straightforward  economic structure , while it is still in the early stage s of 
developing policies, laws, and regulatory frameworks on the service s sectors.  
At the same time , according to Timor -Leste 's reservation list (negative list) , services sector that are 
prohibited to both national and foreign investments (and their classifications), are as follows:  
i. Highly sensitive: criminal activities, activities related to environmental protection areas, 
arms and ammunition production & distribution ; and 
ii. Sensitive: activities related to the offens e of traditional customs, postal and courier 
services, activities related to funeral services . 
Other than the above -listed  sectors and sub -sectors, Timor -Leste adopts the liberalization of services 
sector, with ce rtain limitations on market access and national treatment applicable to foreign 
investments  and foreign nationals . WT/ACC/TLS/16  
 
- 53 - 
 
  VII.  TRANSPARENCY  
-  Notifications  
Question 69 
Paragraph 271 states that "The Government of Timor -Leste recognizes the importance of 
notification requirements under all WTO Agreements. Thus, it aspires to submit all initial 
notifications required by all the WTO Agreements within six months from the mem bership 
date. Any laws, regulations, or other measures subsequently enacted by Timor -Leste, and 
which are required to be notified pursuant to the WTO Agreement, would also be notified 
in a time and manner consistent with WTO requirements."  
• Could Timor -Leste please give further information about how it intends to manage 
its notification obligations when becoming a WTO Member?  
Answer:  
Once Timor -Leste becomes a member of the WTO, Timor -Leste will adhere to its obligation to 
manage its notification obligations  through the following mechanism . Timor -Leste will immediately 
notify any further changes to Members in regard to  each amendment in its laws, legislations or other 
measures subsequently enacted by Timor -Leste with all the necessary transparency in accordance 
with the binding regulations set under the WTO.  
 
VIII.  TRADE AGREEMENTS  
-  Bilateral or plurilateral agreements rela ting to foreign trade in goods and trade in 
services  
Question 70 
Paragraph 272 states that Timor -Leste does not have a bilateral or multilateral trade 
agreement in goods or services with other country or countries. Timor -Leste is not a party 
to any customs union or free trade agreement or to any other bilateral or multilateral 
agreements relating to trade, investment or intellectual pr operty.  
• Please explain in detail or give example on how Timor -Leste has prepared 
the country for such negotiations e.g. Institutional and legal reforms, capacity 
building for government officials.  
Answer:  
The Government of Timor -Leste continues to  put forth the necessary technical preparation s, as 
a joint effort across the Government, to establish one Team to adhere Timor -Leste into multilateral 
and bilateral trade agreements.  
Such effort is reflected through the trade related trainings that have b een completed by 
the respective Government officials, including:  
• Actively participat ing in a number trainings provided by the WTO Secretariat  on: 
• Market Access Offer on Goods ; 
• Market Access Offer on Services ; 
• Import Licensing ; 
• Regional Trade Agreement s; and  
• Agreement on Agriculture.  
• Taking part in the Internship program provided by the WTO;  
• Taking part in a s imulation training on ASEAN Tariff and Rules of Origin, ASEAN Charter ; WT/ACC/TLS/16  
 
- 54 - 
 
  • Taking part in the Enhanced Integrated Framework (EIF) training fo cusing on M&E and the 
learning program;  
• Specific training s on Tariff and Customs Valuation;  
• Specific training s on Metrology and Laboratory ; 
• Specific training s on Post Clearance Audit ; 
• Specific training s on Risk and Management ; and 
• Specific training s on Investment and Export Promotion Strategy . 
While a number of trainings have been provided to the Government officials, recognizing 
the complexity of the negotiations to adhere to  bilateral and multilateral trade agreements,  
Timor -Leste continues to max imize the benefits from  all the trainings  provided by the WTO and by 
other partners.  
At the same time,  considering Timor -Leste 's full commitment to accede  to the WTO and ASEAN, 
the Government continues to  work expeditiously to strengthen its institutional and legal reforms to 
be in conformity with the multilateral and bilateral trade agreements.  
-  Economic integration, customs union and free -trade area agreements  
Question 71 
Paragraph 273 states that "In 2011, Timor -Leste has officially applied to become 
a member of ASEAN and is currently implementing reforms to comply with the ASEAN 
trade in goods and services  agreement, towards full compliance with the ASEAN Economic 
Community."  
• Could Timor -Leste update with a state of play regarding its accession to 
the Association of South East Asian Nations (ASEAN)?  
Answer:  
Internal consolidation : 
• Progressive legislative reforms intended to align with ASEAN requirements have been enacted 
since 2015. The VIII Constitutional Government 's work program (2018 -2023) – debated and 
approved by the National Parliament – states the intention to (page 131) 're inforce relations 
with ASEAN member states and continue to promote national reforms that align to ASEAN 
policies and rules '. 
• Government Resolution No. 14/2019 states that legislative reforms overseen by the Ministry 
of Legal Reform and Parliamentary Affair s must facilitate ASEAN accession by considering 
alignment with ASEAN requirements.  
• The l aunching of the Timor -Leste ASEAN Mobilisation Program (TLAMP) and the Critical 
Elements for Accession (CEA)  in 2019 . TLAMP is an ongoing process with long-term objectives 
towards meeting ASEAN requirements , while the CEA consists of key ASEAN agreements which 
can be implemented within a reasonable timeframe (short - and medium -term objective).  
• The e stablishment of an inter -ministerial working group for the three ASEAN community 
pillars, and the ASEAN Economic Core Team. Several in -country and overseas training ha ve 
been provided and will continue to be provide d to the member of the working groups.  
Bilateral Engagement : 
• "Diplomacy Tour s" were carried out by the Minister of Foreign Affairs to ASEAN Members 
States (AMS) in 2019  continue until now through virtual meetings and includ e regular 
meeting s with AMS resident ambassadors/representatives in Dili.  WT/ACC/TLS/16  
 
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  • Appointment of T imor-Leste Permanent Representative to the ASEAN Secretariat in Jakarta to 
facilitate bilateral engagement with AMS both at the political and technical level.   
ASEAN Fact -Finding Mission (FFM) : 
• In September 2019, ASEAN sent a Fact -Finding Mission to Dili on the Political -Security 
community pill ar to assess Timor -Leste's commitment, capacity, and technical readiness to 
implement ASEAN agreements as well as participate in ASEAN meetings and other relevant 
activities.  
• Due to the COVID -19 pandemic, ASEAN Senior Officials held virtual meetings with r elevant 
line-ministries and agencies on the Socio -Cultural pillar in October 2020. Likewise, a virtual 
meeting on the Economic pillar took place between 7 -9 December 2020 which assessed in -
depth the implication of T imor-Leste's  accession to ASEAN 's economi c agreements, national 
strategic plans, and policy implementation.  
Next steps : 
Timor-Leste expects that once these assessments are completed, ASEAN member states and 
the ASEAN Secretariat could help Timor -Leste to accelerate its policy reform and institutional 
development processes by providing a clear roadmap towards membership. AMS and the ASEAN 
Secretariat could further work with Timor -Leste to develop a joint work plan  for ASEAN accession.  
Question 72 
Paragraph 274 states that Timor -Leste is a party to the following bilateral and multilateral 
trade agreements: (i) Agreement between the Democratic Republic of Timor -Leste and 
the Republic of Indonesia on T raditional Border Crossings and Regulated Markets, signed 
in Jakarta, Indonesia, on 11 June 2003 (this Agreement allows trans -border movement of 
some goods and natural persons through  the border areas); and, (ii) Cooperation 
Agreement between Member States of the Community of  Portuguese Language Countries 
(CPLP) on Cinema and Audio -visuals, signed in Luanda, Angola, on  14 May 2005.  
• Has Timor -Leste granted any special benefits  and/or privileges relating to trade in 
services to other parties of trade ag reements listed in this paragraph?  
Answer:  
There are no benefits / privileges associated with trade in services in the  listed bilateral agreements.   
  WT/ACC/TLS/16  
 
- 56 - ANNEX  
CATEGOR IES OF COMMITMENTS UNDER THE WTO TRADE FACILITATION  AGREEMENT  
Provision  Heading/ 
Description  Category  Indicative date 
for 
implementation 
(for categories B 
and C)  Definitive date 
for 
implementation 
(for categories B 
and C)  Assistance and support for Capacity Building Required for Implementation 
(for category C)  
Article 1         Publication and Availability of Information  
Article 1.1  Publication  B 2023 2025 - 
Article 1.2  Information 
Available 
through Internet  C 2023 2025 Legal/Policy:  
• Undertake a study to take stock of all trade information available online; identify 
gaps and assess Timor -Leste's readiness to have a trade information portal/ 
website; cost and benefit analysis. Develop policy and legislate as necessary the 
mandate and pr ocess of publishing information; and having this information 
available in online procedures  
• Review of outdated Standard Operating Procedures  
 
Human Resources/Training:  
 
• Training of IT Staff to design, develop and maintain websites  
• Training of Customs offic ials on the implementation of Standard Operating 
Procedures  
• Relevant training of officials and private sector  
 
Information and Communication Technology:  
• Develop and maintain a Trade Information Portal system (TIP) Infrastructure  
• Appropriate equipment and s oftware programs for border agencies 
Consultations/Public Awareness  
• Stakeholder consultations on the potential TIP  
Article 1.3  Enquiry Points  B 2022 2024 - 
Article 1.4  Notification  B 2022 2024 - 
Article 2        Opportunity to Comment, Information before Entry into Force and Consultations  
Article 2.1  Opportunity to 
Comment and 
Information 
Before Entry into 
Force  A - - - 
Article 2.2  Consultations  B 2022 2024 - 
Article 3        Advance Rulings  
    A - - -  
  WT/ACC/TLS/16  
 
- 57 - Provision  Heading/ 
Description  Category  Indicative date 
for 
implementation 
(for categories B 
and C)  Definitive date 
for 
implementation 
(for categories B 
and C)  Assistance and support for Capacity Building Required for Implementation 
(for category C)  
Article 4       Procedures for Appeal or Review  
    C 2023 2026 Operation:  
• Financial (and technical support where relevant) assistance required for the initial 
set-up and operation of the Customs Appeal Authority for the first five years  
Human resources/Training:  
• Capacity building and training for Customs officials on the implementation and 
application of this provision  
Article 5        Other Measures to Enhance Impartiality, non - Discrimination and Transparency  
Article 5.1  Notification for 
Enhanced 
Controls or 
Inspections  B 2022 2024 - 
Article 5.2  Detention  B 2022 2024 - 
Article 5.3  Test Procedures  A - - - 
Article 6        Disciplines on Fees and Charges Imposed on or in Connection with Importation and Exportation and Penalties  
Article 6.1  General 
Disciplines on 
Fees and 
Charges 
Imposed on or in 
Connection with 
Importation and 
Exportation  A - - - 
Article 6.2  Specific 
Disciplines on 
Fees and 
Charges for 
Customs 
Processing 
Imposed on or in 
Connection with 
Importation and 
Exportation  A - - - 
Article 6.3  Penalty 
Disciplines  C 2023 2026 Human resources/Training:  
• Capacity building and training for Customs officials on the implementation and 
application of this provision   
  WT/ACC/TLS/16  
 
- 58 - Provision  Heading/ 
Description  Category  Indicative date 
for 
implementation 
(for categories B 
and C)  Definitive date 
for 
implementation 
(for categories B 
and C)  Assistance and support for Capacity Building Required for Implementation 
(for category C)  
Article 7        Release and Clearance of Goods  
Article 7.1  Pre-arrival 
Processing  C 2022 2025 Human Resources/Training:  
• Capacity building and training for Customs, Quarantine Biosecurity and Border 
agencies officials on the implementation and application of this provision  
 
Information and Communication Technology:  
• Enhance the technological capacity of Customs officials in implementing this 
provision  
Infrastructure:  
• Upgrade existing Customs and Border agencies systems and infrastructure to 
facilitate Pre -arrival pr ocessing  
• Upgrade and improve existing Quarantine Biosecurity infrastructure to facilitate 
pre-arrival processing  
Article 7.2  Electronic 
Payment  C 2022 2024 Legal/Policy:  
• Review existing systems and policies. And determine feasibility and resources 
required to set -up and operate an electronic payment system  
 
Human Resources/Training:  
• Capacity building and training for Customs, Quarantine Biosecurity and Border 
agencies officials on electronic payment  
 
Information and Communication Technology:  
• Enhance technological capacity of border agencies and government agencies 
necessary to implement an electronic payment system  
 
Infrastructure:  
•  Development, set -up and installation of appropriate technology and equipment to 
put in  place an electronic payment system  
Article 7.3  Separation of 
Release from 
Final 
Determination of 
Customs Duties, 
Taxes, Fees and 
Charges  B 2022 2025 -  
  WT/ACC/TLS/16  
 
- 59 - Provision  Heading/ 
Description  Category  Indicative date 
for 
implementation 
(for categories B 
and C)  Definitive date 
for 
implementation 
(for categories B 
and C)  Assistance and support for Capacity Building Required for Implementation 
(for category C)  
Article 7.4  Risk 
Management  C 2023 2026 Legal  
• Review/develop legal basis to enhance coordination and collaboration between 
border agencies on risk identification and application of risk management  
 
Policy  
•  Develop a risk management policy with target percentages of low/high risk cargo  
• Develop a training plan for Customs, Quarantine Bios ecurity and Border 
agencies officials on risk management, targeting the application of risk 
management  
 
Procedures  
• Review and develop necessary procedures  
 
Human Resources/Training  
• Capacity building and training for Customs and Quarantine Biosecurity offic ials on 
risk management using transaction data from ASYCUDA system  
• Training and Development for border agencies staff on risk identification and 
profiling  
 
Information and Communication Technology  
•  Enhance technological capacity of Border agencies necessar y to implement a 
proper risk management process/system  
 
Infrastructure  
• Provision of Non -Intrusive Inspection equipment  
•  Provision of appropriate technology and equipment to support the 
implementation of a proper risk management system  
Article 7.5  Post-Clearance 
Audit C 2023 2026 Legal  
• Develop/review relevant legislations and policies for Post Clearance Audit (PCA)   
 
Policy  
• Develop a compliance assessment policy and procedure incorporating the 
connectivity with risk management  
• Develop a training plan/module to train Customs officials and agents on the 
concept of 'informed compliance' and train the target groups  
• Develop  a methodology/approach to conduct a national compliance assessment 
on an annual basis  
 
 
 
  
  WT/ACC/TLS/16  
 
- 60 - Provision  Heading/ 
Description  Category  Indicative date 
for 
implementation 
(for categories B 
and C)  Definitive date 
for 
implementation 
(for categories B 
and C)  Assistance and support for Capacity Building Required for Implementation 
(for category C)  
Procedures  
• Develop and update processes and procedures that incorporate these aspects of 
PCA: 
• Draft a compliance assessment policy and procedure incorporating the 
connectivity with risk management  
• Draft a training module to train Customs and the Agents on the concept of 
'informed compliance' and train the target groups  
• Draft a methodology/approach to conduct a compliance assessment on an annual 
basis for the whole of Timor -Leste  
• Conduct annual compliance assessments  
• Train Customs staff to conduct PCA as a compliance assessment tool  
 
Human Resources/Training  
• Capacity building and training for Customs officials to conduct Post Clearance 
Audit as a compliance assessment tool  
• Develop data analysis skills and knowledge for Customs and border agencies 
officials  
• Capacity building and training for Customs PCA officials on auditing techniques 
and methodology  
 
Information and Communication Technology  
•  Enhance technological capacity of Border agencies necessary to implement  
 
Infrastructure  
• Provision of appropriate technology and equipment to help implement PCA  
Article 7.6  Establishment 
and Publication 
of Average 
Release Times  B 2022 2024 - 
Article 7.7  Trade Facilitation 
Measures for 
Authorized 
Operations  C 2022 2025 Legal  
• Develop relevant legislation and policies to allow the setup of an Authorised 
Operators (AO) program  
 
Policy  
•  Develop an Authorised Operators policy  
 
Procedures  
•  Develop proper procedures and criteria for the assessment of authorised 
operators that meet specified criteria in the AO program  
  
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- 61 - Provision  Heading/ 
Description  Category  Indicative date 
for 
implementation 
(for categories B 
and C)  Definitive date 
for 
implementation 
(for categories B 
and C)  Assistance and support for Capacity Building Required for Implementation 
(for category C)  
Human Resources/Training  
• Capacity building and training for Customs and Q uarantine officials on the 
implementation of the AO program  
Article 7.8  Expedited 
Shipments  C 2023 2025 Legal/Policy  
• Develop relevant legislation and policies  
 
Procedures  
• Review of outdated Standard Operating Procedures  
 
Human Resources/Training  
• Training of Customs and Border agencies officials on clearance of commercial 
cargos at the airports  
• Training of Customs officials on the implementation of Standard Operating 
Procedures  
 
Infrastructure  
• Appropriate equipment required such as x-rays, scanners and computers for 
border agencies  
Article 7.9  Perishable Goods  B 2022 2025 - 
Article 8         Border Agency Cooperation  
    C 2022 2024 Legal/Policy  
• Review and identify gaps in the existing system of coordination and policies  
• Review/develop legal basis to enhance coordination and collaboration between 
border agencies  
 
Procedures  
• Develop Procedures and Memorandum of Understanding (MOU) to help enhance 
the cooperation of border agencies  
 
Human Resources/Training  
• Capacity building  and training for Border agencies officials on a new coordinated 
approach  
Article 9         Movement of Goods Intended for Import under Customs Control  
    B 2022 2024 - 
Article 10        Formalities Connected with Importation, Exportation and Transit  
Article 10.1  Formalities and 
Documentation 
Requirements  C 2022 2024 Policy  
• Support to customs to expedite publication and activation of the new draft 
procedures under the modernization program  
 
  
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- 62 - Provision  Heading/ 
Description  Category  Indicative date 
for 
implementation 
(for categories B 
and C)  Definitive date 
for 
implementation 
(for categories B 
and C)  Assistance and support for Capacity Building Required for Implementation 
(for category C)  
Information and Communication Technology  
• Enhance the technological capacity of Customs and border agencies officials to 
ensure full utilisation of the ASYCUDA World system  
 
Infrastructure  
• Upgrade existing Customs system and infrastructure to implement this provision  
Article 10.2  Acceptance of 
Copies  B 2022 2023 - 
Article 10.3  Use of 
International 
Standards  A - - - 
Article 10.4  Single Window  C 2022 2024 Legal  
• Review/develop relevant laws to facilitate the development of a comprehensive 
national single window  
• Compliance review  
• Develop Memorandum of Understanding (MOUs) with other agencies to enhance 
cooperation  
 
Policy  
• Conduct a feasibility study to explore the viability of a national single window 
system  
• Develop a strategy for the implementation of single window  
 
Procedures  
• Develop appropriate procedures and processes to facilitate the implementation of 
single window  
 
Human Resources/Training  
• Capacity building and training for Customs officials and border agencies on the 
implementation of single window system  
• Capac ity building for other government agencies and private sector on the 
implementation of single window system  
 
Information and Communication Technology  
• Review of national ICT policies to facilitate the implementation of single window  
• Enhance and upgrade tech nological capabilities of border agencies and 
government agencies necessary to implement the single window  
 
 
  
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- 63 - Provision  Heading/ 
Description  Category  Indicative date 
for 
implementation 
(for categories B 
and C)  Definitive date 
for 
implementation 
(for categories B 
and C)  Assistance and support for Capacity Building Required for Implementation 
(for category C)  
Infrastructure  
• Provision of appropriate technology and equipment to help implement single 
window  
Article 10.5  Pre-shipment 
Inspection  A - - - 
Article 10.6  Use of Customs 
Brokers  A - - - 
Article 10.7  Common Border 
Procedures and 
Uniform 
Documentation 
Requirements  A - - - 
Article 10.8  Rejected Goods  A - - - 
Article 10.9  Temporary 
Admission of 
Goods and 
Inward and 
Outward 
Processing  B 2022 2024 - 
Article 11        Freedom of Transit  
    B 2023 2024 - 
Article 12        Customs Cooperation  
    A - - - 
 
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