RESTRICTED  
  
WT/ACC/TLS/33  
 
7 December 2023 
(23-8318) Page: 1/7 
Working Party on the Accession of Timor -Leste  Original: English  
 
  
ACCESSION OF TIMOR -LESTE  
QUESTIONS AND REPLIES  
The following submission, dated 4 December 2023 , is being circulated at the request of the 
Delegation of the Democratic Republic of Timor -Leste.  
 
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  WT/ACC/TLS/33  
 
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  TABLE OF CONTENT  
 
GENERAL  ................................ ................................ ................................ ..........................  3 
IV. POLICIES AFFECTING TRADE IN GOODS  ................................ ................................ . 4 
A. IMPORT REGULATIONS  ................................ ................................ ...........................  4 
- Fees and charges for services rendered  ................................ ................................ ....... 4 
C. INTERNAL POLICIES AFFECTING FOREIGN TRADE IN GOODS  ................................ . 4 
- Technical barriers to trade, standards and certification ................................ ...................  4 
- Sanitary and phytosanitary measures  ................................ ................................ ..........  5 
 
 
 
  WT/ACC/TLS/33  
 
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  GENERAL  
Question 1  
The WTO Agreement on Fisheries Subsidies was adopted at the 12th WTO  Ministerial 
Conference (MC12) on 17 June 2022. For the Agreement to become operational, 
two-thirds of members have to deposit their "instruments of acceptance" with the WTO. 
It is a multilateral WTO Agreement, so all Members are expected to ratify this ne w 
Agreement . 
Therefore , we would like to invite Timor -Leste to join the Fisheries subsidies Agreement 
as part of its WTO accession.  In this regard, we invite Timor -Leste to undertake the 
following commitment:  
"The representative of Timor -Leste confirmed t hat, unless the 2022 Agreement 
on Fisheries Subsidies or any subsequent comprehensive fisheries disciplines 
have already entered into force by that time, Timor -Leste shall accept the 
relevant fisheries amending protocol or protocols at the same time as it accepts 
its WTO Accession Protocol. The Working Party took note of this commitment."  
Answer : 
Timor -Leste accepts the commitment proposed by the Member.  
Question 2  
We would like to invite Timor -Leste to join the work on trade and women's economic 
empowerment and the work on trade and Micro, small and medium -sized enterprises 
(MSMEs) . 
Answer : 
The Government  is ready to join the work on Trade and Women's Economic Empowerment and the 
Micro, small and medium -sized enterprises (MSMEs), once Timor -Leste  becomes a WTO Member . 
MSMEs account for the majority of existing businesses in both the formal and informal sectors in 
Timor -Leste. The Government sees them as the key to driving Timor -Leste 's economic development. 
It is critical to address their needs to increase job opportunities and improve growth, investment, 
and skills, especially for women and youth. Timor -Leste believes that focusing on MSMEs enables to 
provide more opportunities for employment, education and training , and domestic production. It  also 
enables to promote  the industries and sectors where the Government sees the greatest need and 
opportunity for rapid growth.  
At this stage of Timor -Leste's development, it is appropriate to set clear objectives for  trade and 
investment, and develop a strategy for achieving these objectives, including set ting a clear goal for 
women 's participation in trade and investment , which  has been stipulated under Timor -Leste's 
Strategic Development Plan 2011 -2030.  
Currently, under the leadership of the Ministry of Commerce and Industry, development partners 
(ADB and Australian Government through DFAT) are assisting Timor -Leste's line ministries and 
agencies to develop a gender and trade tool kit to support women 's empowerment a nd advance 
gender equality in trade and investment , as well as to mainstream trade -related policy in 
Timor -Leste.  WT/ACC/TLS/33  
 
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  IV. POLICIES AFFECTING TRADE IN GOODS  
A. IMPORT REGULATIONS  
- Fees and charges for services rendered  
Question 3  
Follow up to  the response to Question 81 and paragraph 1222: Please clarify when the 
Ministerial decree that will define service fees will be implemented, and which Ministerial 
office will handle the collection of fees.  
Answer : 
Timor -Leste would like to confirm that to date , no action has been taken on introducing such fees. 
Therefore, currently , the Ministry of Agriculture, Livestock, Fisheries and Forestry has no plan to 
develop a Ministerial decree to define service fees. Should the Government plan to introduce such 
fees in the future, under our notification and transparency commitments, Timor -Leste will 
immediately inform Members on this matter , and will make sure that such fees are consistent with 
the WTO Agreement, including Articles VIII and X of the GATT 1994 .  
C. INTERNAL POLICIES AFFECTING FOREIGN TRADE IN GOODS  
- Technical barriers to trade, standards and certification  
Question 4  
Paragraph 182 : "[….in order to ensure compliance with the TBT Agreement, Timor -Leste 
would need to establish conformity assessment infrastructure, which should also include 
accreditation of Testing, Calibration and Inspection Conformity Assessment Bodies (CAB); 
establish a Notification Authority; and to tackle participation in the activities of the 
international standards setting bodies activities."  
• Could Timor -Leste please confirm that it plans to set up one single Accreditation 
body, independent of conformity assessment bodies (CABs) and testing institutes?  
Answer : 
Timor -Leste would like to confirm that a single National Accreditation Body (NAB) , independent of 
Conformity Assessment Bodies (CABs) , is foreseen.  
Timor -Leste is fully committed to establishing a robust National Quality Infrastructure (NQI) System. 
Under the project "Strengthening the Quality Infrastructure System to Enhance Export Co mpliance 
of the Food and Beverage Sector", which is funded by the Government of Timor -Leste and is being 
implemented by the United Nations Industrial Development Organization (UNIDO),  the 
establishment of  one single Accreditation body, independent of CABs and testing institutes , is 
foreseen .  
Under th is project, a consultancy for drafting the legal framework for the NQI system (including 
accreditation) already started in November 2023 . The Accreditation body will be fully implemented 
in 2025 . 
 
1 Here and below, unless otherwise specified, question  numbers are meant to refer to the Questions and 
Responses document  (document WT/ACC/TLS/31 ). 
2 Here and below, unless otherwise specified, paragraph and annex numbers are meant to refer to the 
revised draft Report of the Working Party (document WT/ACC/SPEC/TLS/5/Rev.2 ). WT/ACC/TLS/33  
 
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  Question 5  
Paragraph 316: "A Member asked if Timor -Leste had in place already or intended to put 
in place procedures to allow for comment on legal instruments before they were finalized, 
and if there were any public consultations on draft or interim la ws and decree -laws before 
they were finalized and published. The  representative of Timor -Leste responded that 
during the process of drafting of the  different legislations, the Government could conduct 
public consultations with relevant stakeholders. The co nduct of such consultations was at 
the discretion of the  Government."  
• Could Timor -Leste please confirm that the transparency obligations under the TBT 
Agreement, as regards notification of draft legislative proposals, will not be "at the 
discretion of the Government"? It is encouraged that Timor -Leste set up procedures 
for transparent public consultations with stakeholders.  
Answer : 
With respect to Timor -Leste 's transparency obligation s under  the TBT Agreement, Timor -Leste would 
like to confirm that the notifications and public consultation of draft legislative proposals are not at 
the discretion of the Government. The laws, in their different categories (law, decree law, 
government decree and ministry decree) un dergo public consultation prior to their approval.  
Furthermore, Good Regulatory Practices (GRP) will be promoted and disseminated in the country, 
through the pertinent legal framework, training, and the conduct of  three Regulatory Impact 
Assessments (RIA) . It is expected that trainings on GRP will start by the first quarter  of 2024, and 
mechanisms for transparent public consultations for all draft legislative proposals with respect to 
technical regulations, standards  and conformity assessment procedures  will be established by 
May 2024.  
- Sanitary and phytosanitary measures  
Question 6  
Paragraphs 199 and 200: The Government of Timor -Leste notes in Annex 18 of the draft 
Report actions to develop a risk assessment methodology, as well as many other SPS 
policies in its SPS Action Plan, with a timeline for implementation as 2023 -2025. Further, 
paragraph 199 states that the current "risk analysis process was applied in accordance 
with the rules established by the WOAH and IPPC." Additionally, in p aragraph 200  says 
that:  "The  Government was committed to continue the necessary reforms to be in 
conformity with the standards of Codex, WOAH, and IPPC as it developed its implementing 
SPS regulations."  
• Please provide a more specific timeframe when a draft risk assessment 
metho dology will be completed.  
• Further, please explain if Timor -Leste will consider Codex's risk assessment 
processes when developing food safety policies.  
Answer : 
As specified under Strategy 3 of Annex 18 to the  draft Report, Timor -Leste commits to have a  WTO-
consistent  risk assessment methodology , which will be based on the principles  established by Codex, 
WOAH and IPPC,  in place by 2025 . Timor -Leste  is currently mobiliz ing necessary resources for 
delivery within this timeframe, while focusing on enhancing the capacity of the technical staff across 
the line ministries with support from external partners. In the meantime, Timor -Leste has been 
proactive in piloting harmonizati on with Codex 's risk assessment processes in various activities with 
external partners. An example is the on -going partnership with the Brazilian Government where 
Codex 's standards are applied in conducting risk analysis on the importation of poultry and p oultry 
products from Brazil into Timor -Leste . 
In addition, Timor -Leste would like to confirm that it will consider Codex 's risk assessment processes 
when developing food safety policies.  WT/ACC/TLS/33  
 
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  Question 7  
Paragraph 207: The Government of Timor -Leste notes that it has "yet to develop any draft 
regulations on transparency requirements" but states a "commitment to harmonize its 
framework with the international standards under the WOAH and IPPC", and "would 
ensure that any draft regulations would be consulted with the relevant partners at an 
early stage for comments before publishing and adopting such regulations".  
Furthermore, Timor -Leste notes in paragraph 215 that it will adopt Codex MRLs; however, 
does not specify if it will harmonize other food safety requirements with Codex 
Alimentarius standards.  
• Please clarify if Timor -Leste will also harmonize its food safety measures with 
Codex Alimentarius.  
Answer : 
Timor -Leste kindly confirms that , in addition to  its commitment to harmonize its framework with the 
international standards under the WOAH and IPPC, it would also ensure t he harmoniz ation of  its food 
safety measures with Codex Alimentarius as part of its commitment as a Member of the Codex 
since 2018.  
Furthermore, as included in  Strategy 3 of  Annex 18 to the draft Report, Timor -Leste commits to 
develop a Food Standards Code similar to the Australia and New Zealand Food Standards Code , 
which aligns with Codex Alimentarius standards on food saf ety, in 2024 . Timor -Leste would also like 
to reassure  that the relevant partners would be consulted regarding the  development of the  relevant 
draft regulations , as part of its WTO transparency and notification commitments . 
Question 8  
Paragraph 210: "Timor -Leste was yet to elaborate on measures to make regionalization 
determinations within the requested transition period for the implementation of the SPS 
Agreement." We want to ensure that Timor -Leste considers the be nefits of regionalization 
to determine animal disease -free regions.  
• Please elaborate on Timor -Leste's measures to make regionalization 
determinations, including if there are any plans to implement any such 
determinations during the transition period.  
• If there are no plans to implement regionalization determinations related to animal 
disease, please explain the reasoning.  
Answer : 
While Timor -Leste is yet to have measures in place to make sanitary and phytosanitary 
regionalization determinations, a detail ed action plan on sanitary and phytosanitary risk assessment 
and regionalization has been drawn for completion by 2025 (refer to Strateg y 3 of Annex 18) . This 
plan will serve as the basis for Timor -Leste to consider pest and disease  status and prevalence in 
assessing the sanitary and phytosanitary risks of imported products in accordance with international 
standards.   
Timor -Leste 's current effort for regional and international economic integration is facilitating 
biosecurity and regi onalization in the country. In parallel with the WTO accession, Timor -Leste is 
also in the process of acceding to ASEAN , under which its regional commitment on biosecurity and 
regionalization determination is also to address issues related with Emergency or Transboundary 
Animal Disease s.  WT/ACC/TLS/33  
 
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  Question 9  
Paragraph 221: "According to Article 41 of Decree -Law No.  6/2020, the regulations, 
including products of agricultural biotechnology, were subject to specific legislation which 
was yet to be developed. Timor -Leste would ensure that the respective legislation, when 
developed, would be consistent with its WTO commi tments."  
• Please describe Timor -Leste's timeline for developing the legislation which would 
regulate products of agricultural biotechnology.  
Answer : 
In line with paragraph 221, Timor -Leste is yet to set specific timeline s for the develop ment of  the 
legislation  regulating products of agricultural biotechnology.  However, Timor -Leste would like to 
assure Members of its  commit ment to develop ing this legislation  within the requested transition 
period for the implementation of the SPS Agreement , once agricultural biotechnology becomes a 
more relevant aspect of Timor -Leste's agricultural landscape.  
Timor -Leste also acknowledges the significance of ensuring that its future legislation aligns with its 
international commitments, including those related to  the WTO. The development of such legislation 
would be approached with due consideration to our national priorities  and scientific advancements 
and in consultation with relevant stakeholders . Timor -Leste  will keep Members informed of any 
developments in th is area as they occur , in line with Timor -Leste's transparency and notification 
obligations .  
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