WT/DS527/1, G/L/1181  
S/L/416, IP/D/36  
 
4 August 2017  
(17-4220) Page: 1/5 
  Original: English  
 
BAHRAIN  – 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 Kingdom of Bahrain  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 Kingdom of Bahrain ( "Bahrain ") to enter 
into consulta tions concerning measures adopted in the context of coercive attempts at economic 
isolation imposed by Bahrain against the State of Qatar ( "Qatar ") and deta iled further in this 
document.  
2. The request is made pursuant to Article 4 of the Understanding on Rul es 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 of 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 the 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 con sultations in this dispute.  
3. This request identifies the measures at issue in Section A, and indicates 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unpublished measures adopted in the context of coercive attempts at economic isolation imposed 
by Bahrain 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 Bahr ain 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 respect of services , the coercive att empts at economic isolation entail acts and/or 
omissions through which Bahrain bans Qatari nationals from travelling to and remaining in Bahrain 
in order to provide services, as well as bans on the provision of services by Qatari service suppliers 
establis hed in Bahrain.  They include bans on the supply of (digital and other) services from Qatar 
to consumers of Bahrain as well as prohibitions on nationals of Bahrain to travel to and remain in 
Qatar in order to consume Qatar i services.  
7. In respect of trade -related aspects of intellectual property rights , coercive attempts at 
economic isolation entail interference with intellectual property rights enjoyed by nationals of WT/DS527/1 • G/L/1181 • S/L/416 • IP/D/36  
 
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  Qatar.  Specifically, these measures include prohibitions or restrictions on display of and  accessing 
television content over which Qatari nationals hold copyrights an d related broadcasting rights.  
8. Without limiting the scope of the general description of the measures in the preceding 
paragraphs, the measures at issue include the following specif ic acts and/or omissions:  
(i) Bahrain 's closure of its maritime borders with Qatar, and prohibition on Qatari 
aircraft from accessing its airspace;  
(ii) Bahrain 's prohibition on the use of all Bahrain ports and territorial waters for 
marine navigation from and to Q atar;  
(iii) Bahrain 's prohibition on flights to and from Bahrain operated by aircraft registered 
in Qatar; including prohibiting landing of Qatari aircraft at airports in Bahrain;  
(iv) Bahrain 's closure of certain Qatari service suppliers ' offices in Bahrain;  
(v) Bahrain 's prohibitions and restrictions on (a) the import of Qatari audio -visual 
equipment that is necessary to access Qatari audio -visual content in Bahrain, and 
(b) accepting new and renewing existing subscriptions to Qatari audio -visual 
service provider s' channels;  
(vi) Bahrain 's prohibitions or restrictions on display of and accessing television content 
over which Qatari nationals hold copyrights and related broadcasting rights;  
 
(vii) Bahrain 's unilateral suspension of the handling of international mail items an d 
parcels originating from or designated to Qatar Postal Services Company; and,  
(viii)  Bahrain '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 Bahrain, as described in Section A of 
this request, are inconsistent with Bahrain 's obligations under the WTO covered agreements.   
10. First, it appears that certain of the measures at issue co ntravene provisions of the 
GATT  1994.  Specifically, cert ain measures appear to violate:  
(a) Article I:1 of the GATT 1994 , because, through the:  
 
- maritime border and airspace closure by Bahrain;  
 
- prohibition on the use of all Bahrain ports and territorial wate rs for marine 
navigation from and to Qatar;  
 
- prohibition on the landing of Qatari aircraft at airports in Bahrain; and  
 
- prohibition on the importation of Qatari audio -visual equipment that is 
necessary to access Qatari audio -visual content in Bahrain,  
 
Bahrain appears to fail to accord immediately and unconditionally to like products 
originating in Qatar relevant advantages, favours, privileges or immunities that are 
granted by Bahrain to products originating in other countries;  
 
(b) Article V:2 of the GATT 1994, because, through the:  
 
- maritime border and airspace closure by Bahrain,  
 
- prohibition on the use of all Bahrain ports and territorial waters for marine 
navigation from and to Qatar; and,  WT/DS527/1 • G/L/1181 • S/L/416 • IP/D/36  
 
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- prohibition on the landing of Qatari aircraft at airports in Bahrain,  
 
Bahrain appears to deny freedom of transit through the territory of Bahrain, 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 a nd/or 
place of registration of aircraft, the place of origin, departure, 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,  
 
Bahrain 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 Bahrain;  
 
- prohibition on the use of all Bahrain ports and territorial waters for marine 
navigation from and to Qatar;  
 
- prohibition on the landing of Qatari aircraft at airports in Bahrain; and,   
 
- prohibition and re striction on the importation of Qatari audio -visual equipment 
that is necessary to access Qatari audio -visual content in Bahrain,  
 
Bahrain appears to institute or maintain prohibitions or restrictions, other than 
duties, taxes or other charges, on the imp ortation 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 Bahrain;  
 
- prohibition on the use of all Bahrain ports and territorial waters for marine 
navigation from and to Qatar;  
 
- prohibition on the landing of Qatari aircraft at airports in Bahrain; and  
 
- prohibition and restriction on the importation of Qatari audio -visual e quipment 
that is necessary to access Qatari audio -visual content in Bahrain,  
 
Bahrain 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 identified 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 t he 
measures identified above, within the meaning of Article XXIII:1(b) of the GATT 1994.  
12. Second , it appears that certain of the measures at issue contravene provisions of the GATS.  
Specifically, certain measures appear to violate:  WT/DS527/1 • G/L/1181 • S/L/416 • IP/D/36  
 
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  (f) Article II:1 of the GAT S, because, by:  
 
- prohibiting Qatari persons, vessels and vehicles from crossing maritime 
borders with Bahrain or entering Bahrain via airspace to supply services, as 
well as persons from Bahrain crossing maritime borders with Qatar, or entering 
Qatar via a irspace, to consume services;  
 
- prohibiting aircraft registered in Qatar from operating flights to and from 
Bahrain, including prohibiting landing of Qatari aircraft at airports in Bahrain, 
which prevents Qatari service suppliers from supplying services;  
 
- prohibiting certain Qatari service suppliers, from providing any service from 
their offices in Bahrain;  
 
- prohibiting Qatari audio -visual service suppliers from providing services in 
Bahrain and/or to consumers located in Bahrain; 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,  
 
Bahrain fails to accord immediately and unconditionally to services and/or service 
suppliers of Q atar, in a variety of services sectors and through multiple modes of 
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 signifi cantly affect trade in 
services covered by Bahrain 's specific commitments under the GATS,  
  
Bahrain violates the transparency obligations enshrined in Article III of the GATS;  
 
(h) Article XVI of the GATS , because, by:  
 
- banning Qatari persons or vessels and vehicles from crossing maritime borders 
with Bahrain, or entering Bahrain via airspace, to supply services, as well as 
persons from Bahrain crossing maritime borders with Qatar, or entering Qatar 
via airspace, to consume services; and,  
 
- banning aircraft re gistered in Qatar from operating flights to and from Bahrain, 
which prevents Qatari service suppliers from supplying services,  
 
Bahrain 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 specified in Bahrain 's 
schedule of specific commitments.  
 
13. Bahrain thus fails to carry out its obligations and/or specific commitments under the GATS 
within th e meaning of Article XXIII:1 of the GATS.  
14. In addition to, and independently of, the multiple violations 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 Bahrain 's specific commitments under the GATS within the 
meaning of Article XXIII:3 of the GATS.  
                                                
1 Bahrain  does not appear to have scheduled exemptions in the sense of Article II:2 of the GATS . WT/DS527/1 • G/L/1181 • S/L/416 • IP/D/36  
 
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  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 i t 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 Bahrain,  
 
Bahrain 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 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 Bahrain,  
 
Bahrain 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 oth er 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 res erves its rights to raise additional matters during the course of these consultations 
and in any future request for panel proceedings.  
18. Qatar looks forward to receiving a reply from Bahrain to this request within 10 days after 
receipt of this request, as c ontemplated by Article 4.3 of the DSU, and to fixing a mutually 
acceptable date for consultations.  
__________