WT/DS526/1, G/L/1180  
S/L/415, IP/D/35  
 
4 August 2017  
(17-4219) Page: 1/6 
  Original: English  
 
 
UNITED ARAB EMIRATES  – MEASURES RELATING TO  TRADE IN GOODS AND S ERVICES, 
AND TRADE -RELATED ASPECTS OF I NTELLECTUAL PROPERTY  RIGHTS  
REQUEST FOR CONSULTA TIONS BY QATAR  
The following communication, dated 31 July 2017 , from the delegation of Qatar  to the delegation 
of the United Arab Emirates  and to the Chairperson of the Dispute Settlement Body, is circulated in 
accordance with Article  4.4 of the DSU.  
 
_______________  
 
 
1.  My authorities have instructed me to request the United Arab Emirates ( "UAE") to enter into 
consultations concerning measures adopted in the context of coercive attempts at economic 
isolation imposed by the UAE against the State of Qatar ( "Qatar ") and detailed further in this 
document.   
2.  The request is made pursuant to Article 4 of the Understanding on Rules and Procedures 
Governing the Settlement of Disputes ("DSU"), Article XXIII of the General Agreement on Tariffs 
and Trade 1994 ( "GATT 1994 "), Article XXIII of the General Agreement on Trade in Services  
("GATS "), and Article 64.1 o f the Agreement on Trade -related Aspects of Intellectual Property 
Rights ("TRIPS Agreement ").  For the avoidance of any doubt, consultations under the 
TRIPS  Agreement  are requested solely under Article XXIII of the GATT 1994 as elaborated and 
applied by th e DSU, as that provision is made applicable to the TRIPS Agreement .  Qatar intends 
that the first sentence of Article 4.11 of the DSU shall not apply to consultations in this dispute.      
3.  This request identifies the measures at issue in Section A, and ind icates the legal bases for 
Qatar 's complaint in Section B.  
A. Measures at issue  
4.  The measures at issue in this request include all written and unwritten, published and 
unpublished measures adopted in the context of coercive attempts at economic isolation impo sed 
by the UAE against Qatar.  The measures individually and collectively affect trade in goods, trade 
in services and trade -related aspects of intellectual property rights.   
5.  In respect of goods , the coercive attempts at economic isolation entail acts and /or omissions 
through which the UAE bans, prohibits or otherwise restricts the import, export, sale, purchase, 
license, transfer, receipt and shipment of goods originating in, transiting through, towards or from, 
or with the destination of Qatar.   
6.  In resp ect of services , the coercive attempts at economic isolation entail acts and/or omissions 
through which the UAE bans Qatari nationals from travelling to and remaining in the UAE in order 
to provide services, as well as bans on the provision of services by Qatari service suppliers 
established in the UAE.  They include bans on the supply of (digital and other) services from Qatar 
to consumers of the UAE as well as prohibitions on nationals of the UAE to travel to and remain in 
Qatar in order to consume Qatari  services.   
7.  In respect of trade -related aspects of intellectual property rights , the coercive attempts at 
economic isolation entail interference with intellectual property rights enjoyed by nationals of WT/DS526/1 • G/L/1180 • S/L/415 • IP/D/35  
 
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  Qatar.  Specifically, these measures include prohibitions or restrictions on displaying and accessing 
television content over which Qatari nationals hold copyrights and related broadcasting rights.   
8.  Without limiting the scope of the general description of the measures in the p receding 
paragraphs, the measures at issue include the following specific acts and/or omissions:  
(i) the UAE 's closure of its maritime borders with Qatar, and prohibition on Qatari 
aircraft from accessing its airspace;  
(ii) the UAE 's prohibitions on entry into its ports of (i) all ships owned by Qatar, Qatari 
individuals or Qatari companies; and (ii) all ships bearing the Qatari flag;  
(iii) the UAE 's prohibition on the discharge in UAE ports of any goods shipped from 
Qatar;  
(iv) the UAE 's prohibition on the loading in UAE por ts of any goods destined for Qatar;  
(v) the UAE 's prohibition on flights to and from the UAE operated by aircraft registered 
in Qatar; including prohibiting landing of Qatari aircraft at airports in the UAE;  
(vi) the UAE 's closure of certain Qatari service supplier s' offices  in the UAE;  
(vii) the UAE 's blocking of access to certain Qatari service suppliers ' websites, in the 
UAE;  
(viii)  the UAE 's removal of Qatari audio -visual service suppliers ' channels from tourist 
facilities in the Emirate of Abu Dhabi and in the Emirate of Sharjah;  
(ix) the UAE 's prohibition and restriction on the broadcasting and operation of certain 
Qatari service suppliers ' media content in commercial establishments in the 
Emirate of Abu Dhabi;  
(x) the UAE 's unilateral suspension of the handling of international mail items and 
parcels originating from or designated to Qatar Postal Services Company; and,  
(xi) the UAE 's omission to publish certain measures of general application imposing the 
coercive attempts at economic isolation described in the paragraphs above.  
B. Legal bases of the complaint  
9.  Qatar is concerned that the measures at issue taken by the UAE, as described in Section A of 
this request, are inconsistent with the UAE 's obligatio ns under the WTO covered agreements.   
10.  First, it appears that certain of the measures at issue contravene provisions of the GATT 1994.  
Specifically, certain measures appear to violate:  
(a) Article I:1 of the GATT 1994 , because, through the:  
 
- maritime border and airspace closure by the UAE;  
 
- prohibition on entry into UAE ports of (i) all ships owned by Qatar, Qatari 
individuals or Qatari companies; and (ii) all ships bearing the Qatari flag;  
 
- prohibition on the landing of Qatari aircraft at airports in the UAE ; 
 
- prohibition on the discharge in UAE ports and airports of any goods transported 
from Qatar; and,  
 
- prohibition on the loading in UAE ports and airports of any goods destined for 
Qatar;  
 WT/DS526/1 • G/L/1180 • S/L/415 • IP/D/35  
 
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  the UAE appears to fail to accord immediately and unconditionally to like products 
originating in, or destined for, Qatar relevant advantages, favours, privileges or 
immunities that are granted by the UAE to products originating in, or destined for, 
other countries;  
 
(b) Article V:2 of the GATT 1994 , because, through the:  
 
- maritime border and airspace closure by the UAE;  
 
- prohibitions on entry into UAE ports of (i) all ships owned by Qatar, Qatari 
individuals or Qatari companies; or (ii) ships bearing the Qatari flag;  
 
- prohibition on the landing of Qatari aircraft at airpor ts in the UAE;  
 
- prohibition on the discharge in UAE ports and airports of any goods transported 
from Qatar;  
 
- prohibition on the loading in UAE ports and airports of any goods destined for 
Qatar,  
 
the UAE appears to deny freedom of transit through the territory of the UAE, via 
the routes most convenient for international transit, for traffic in transit to or from 
the territory of Qatar, and makes distinctions based on the flag of vessels and/or 
place of registration of aircraft, the place of origin, dep arture, entry, exit or 
destination or on circumstances relating to the ownership of goods, vessels or of 
other means of transport;  
 
(c) Article X:1 and X:2 of the GATT 1994 , because:  
 
- through the omission to publish relevant measures affecting trade in goods; 
and,  
 
- by enforcing such measures prior to publication,  
 
the UAE appears to be in violation of the obligations under these provisions;  
 
(d) Article XI:1 of the GATT 1994 , because, through the:  
 
- maritime border and airspace closure by the UAE;  
 
- prohibitions and restrictions on entry into UAE ports of goods from Qatar 
shipped by (i) ships owned by Qatar, Qatari individuals or Qatari companies, or 
(ii) ships bearing the Qatari flag;  
 
- prohibition on the landing of Qatari aircraft at airports in the UAE;  
 
- prohib ition and restriction on the discharge in UAE ports and airports of any 
goods transported from Qatar; and,  
 
- prohibition and restriction on the loading in  UAE ports and airports of any 
goods destined for Qatar,  
 
the UAE appears to institute or maintain pro hibitions or restrictions, other than 
duties, taxes or other charges, on the importation of products of the territory of 
Qatar, and on exportation of products to the territory of Qatar;  
 
(e) Article XIII:1 of the GATT 1994 , because, through the:  
 
- maritime border and airspace closure by the UAE;  
 WT/DS526/1 • G/L/1180 • S/L/415 • IP/D/35  
 
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  - prohibitions and restrictions on entry into UAE ports of (i) all ships owned by 
Qatar, Qatari individuals or Qatari companies; or (ii) ships bearing the Qatari 
flag;  
 
- prohibition on the landing of Qatari aircraft at airports in the UAE;  
 
- prohibition and restriction on the discharge in UAE ports and airports of any 
goods transported  from Qatar; and,  
 
- prohibition and restriction on the loading in UAE ports and airports of any 
goods destined for Qatar,  
 
the UAE appears to apply prohibitions and restrictions on the importation of 
products of the territory of Qatar, and on the exportation of products destined for 
the territory of Qatar, without any corresponding prohibitions or restrictions on the 
importation of the like product of any other countries or the exportation of the like 
product to or from any other countries being similarly prohibited or restricted.  
 
11.  In addition to, and independently of, the multiple violation s of obligations under the 
GATT  1994 ide ntified above, Qatar considers that benefits accruing to Qatar directly and indirectly 
under the GATT 1994 are being nullified and impaired as a result of the application of the 
measures identified above, within the meaning of Article XXIII:1(b) of the GAT T 1994.  
12.  Second , it appears that certain of the measures at issue contravene provisions of the GATS.  
Specifically, certain measures appear to violate:  
(f) Article II:1 of the GATS , because, by:  
 
- prohibiting Qatari persons, vessels and vehicles from crossing m aritime 
borders with the UAE, or entering the UAE via airspace, to supply services, as 
well as persons from the UAE crossing maritime borders with Qatar, or 
entering Qatar via airspace, to consume services;  
 
- prohibiting (i) all ships owned by Qatar, Qatari  individuals or Qatari 
companies; and (ii) all ships bearing the Qatari flag, from entering UAE ports, 
which prevents Qatari service suppliers from supplying services;  
 
- prohibiting the discharge in UAE ports and airports of any goods transported 
from Qatar, which prevents Qatari service suppliers from supplying services;  
 
- prohibiting the loading in UAE ports of any goods destined for Qatar;  
 
- prohibiting aircraft registered in Qatar from operating flights to and from the 
UAE, including prohibiting landi ng of Qatari aircraft at airports in the UAE, 
which prevents Qatari service suppliers from supplying services;  
 
- prohibiting certain Qatari service suppliers from providing any service from 
their office(s) in the UAE;  
 
- prohibiting certain Qatari service sup pliers, from providing any service in the 
UAE and/or to consumers located in the UAE through their website;  
 
- prohibiting Qatari audio -visual service suppliers, from providing services in 
certain parts of the UAE, such as in tourist facilities and commercia l 
establishments, and/or to consumers located in the UAE; and,  
 
- prohibiting Qatari service suppliers, such as Qatar Postal Services Company, 
from providing services in relation to mail items that are originating from or 
designated to Qatar,  
 
the UAE fails to accord immediately and unconditionally to services and/or service 
suppliers of Qatar, in a variety of services sectors and through multiple modes of WT/DS526/1 • G/L/1180 • S/L/415 • IP/D/35  
 
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  supply, treatment no less favourable than that it accords to like services and 
service suppliers of any other country;1 
 
(g) Articles III:1 -2 and III:3 of the GATS , because, through the:  
 
- omission to promptly publish, or make otherwise available, relevant measures 
pertaining to or affecting the operation of the GATS; and,  
 
- omission to promptly inform the Council  for Trade in Services of the 
introduction of, or changes to, measures that significantly affect trade in 
services covered by the UAE 's specific commitments under the GATS,  
  
the UAE violates the transparency obligations enshrined in Article III of the GA TS; 
 
(h) Article XVI of the GATS , because, by:  
 
- banning Qatari persons or vessels and vehicles from crossing maritime borders 
with the UAE, or entering the UAE via airspace, to supply services, as well as 
persons from the UAE crossing maritime borders with Qat ar, or entering Qatar 
via airspace, to consume services;  
 
- banning (i) all ships owned by Qatar, Qatari individuals or Qatari companies; 
and (ii) all ships bearing the Qatari flag, from entering UAE ports;  
 
- banning aircraft registered in Qatar from operatin g flights to and from the UAE, 
including prohibiting landing of Qatari aircraft at airports in the UAE; and,  
 
- banning Qatari service suppliers, such as Qatar Postal Services Company, from 
providing services in relation to mail items that are originating fr om or 
designated to Qatar,  
 
the UAE appears to unduly restrict market access for Qatari services and/or service 
suppliers, thereby according treatment that is less favourable than that provided 
for under the terms, limitations, and conditions agreed and sp ecified in the UAE 's 
schedule of specific commitments.  
 
13.  The UAE thus fails to carry out its obligations and/or specific commitments under the GATS 
within the meaning of Article XXIII:1 of the GATS.  
14.  In addition to, and independently of, the multiple violati ons of obligations under the GATS 
identified above, the measures appear to nullify or impair benefits that Qatar could reasonably 
have expected to accrue to it under the UAE 's specific commitments under the GATS within the 
meaning of Article XXIII:3 of the  GATS.  
15.  Third, it appears that certain measures contravene provisions of the TRIPS Agreement .  
Specifically, certain measures appear to violate:  
(i)  Article 3 of the TRIPS Agreement , because, by:  
 
- making it impossible for holders of licenses to copyrights, trademarks and 
other forms of intellectual property owned by Qatari nationals to honour their 
obligations under licensing agreements; and,  
 
- making it impossible for Qatari owners of copyrights, trademarks and other 
forms of intellectual property, and their  licensees, to use those intellectual 
property rights in the territory of the UAE,  
 
                                                
1 The UAE does not appear to have scheduled relevant exemptions in the sense of Article II:2 of the 
GATS.   See GATS/EL/121, 2 April 1996, United Arab Emirates, Final List of Article II (MFN) Exemptions, p. 1.  WT/DS526/1 • G/L/1180 • S/L/415 • IP/D/35  
 
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  the UAE appears to have failed to accord to the nationals of Qatar treatment no 
less favourable than that it accords to its own nationals with regard to the 
protection of intellectual property.  
 
(j) Article 4 of the TRIPS Agreement , because, by:  
 
- making it impossible for holders of licenses to copyrights, trademarks and 
other forms of intellectual property owned by Qatari nationals to honour their 
obligations under licensing ag reements; and,  
 
- making it impossible for Qatari owners of copyrights, trademarks and other 
forms of intellectual property, and their licensees, to use those intellectual 
property rights in the territory of the UAE,  
 
the UAE appears to have failed to accord , immediately and unconditionally, to the nationals of 
Qatar, advantages, favours, privileges and immunities granted by it to the nationals of other 
countries with regard to the protection of intellectual property.  
 
*****  
 
16.  This request for consultations also concerns any modification, replacement or amendment to 
the measures identified above, and any closely connected, subsequent measures.  
17.  Qatar reserves its rights to raise additional matters during the course of these consultations 
and in any future requ est for panel proceedings.  
18.  Qatar looks forward to receiving a reply from the UAE to this request within 10 days after 
receipt of this request, as contemplated by Article 4.3 of the DSU, and to fixing a mutually 
acceptable date for consultations.  
 
________ __