WT/DS528/1, G/L/1182  
S/L/417, IP/D/37  
 
4 August 2017 
(17-4221) Page: 1/6 
  Original: English  
 
SAUDI ARABIA – 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 Saudi Arabia 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 Saudi Arabia ( "Saudi Arabia ") 
to enter into consultations concerning measures adopted in the context of coercive attempts at 
economic isolation imposed by Saudi Arabia 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 1 994"), 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 consulta tions 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 a nd 
unpublished measures adopted in the context of coercive attempts at economic isolation imposed 
by Saudi Arabia 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 Saudi Arabia 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 attempts at economic isolation  entail acts and/or 
omissions through which Saudi Arabia bans Qatari nationals from travelling to and remaining in 
Saudi Arabia in order to provide services, as well as bans on the provision of services by Qatari 
service suppliers establish ed in Saudi Arabia.  They include bans on the supply of (dig ital and 
other) services from Qatar to consumers of Saudi Arabia as well as prohibitions on nationals of 
Saudi Arabia  to travel to and remain in Qatar in ord er to consume Qatari 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 
Qatar. Specifically, these measures include prohibitions or restrictions on broadcasting of and 
accessing television content over which Q atari nationals hold copyrights and related broadcasting WT/DS528/1 • G/L/1182 • S/L/417 • IP/D/37  
 
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  rights.  These also include measures that prohibit or restrict making of payments to (or receiving 
of payments by) Q atari television broadcasters.  
8. Without limiting the scope of the  general descriptio n of the measures in the  preceding 
paragraph s, the measures at issue include the following specific acts and /or omissions:  
(i) Saudi Arabia 's closure of  its land and maritime borders with Qatar , and prohibition 
on Qatari aircraft from accessing its airspace;  
(ii) Saudi Arabia 's prohibitions on entry into its ports of (i) all ships owned by Qatar or 
Qatari individuals; and (ii) all ships bearing the Qatari flag;  
(iii) Saudi Arabia 's prohibi tion on the discharge in Saudi ports of any goods shipped 
from Qatar;  
(iv) Saudi Arabia 's prohibit ion on flights to and from Saudi Arabia operated by aircraft 
registered in Qatar , including prohibiting landing of Qatari aircraft at airports in 
Saudi Arabia ; 
(v) Saudi Arabia 's closure of  certain Qatari service suppliers'  offices in Saudi Arabia;  
(vi) Saudi Arabia 's blocking  of access to  certain  Qatari service suppliers' websites, in 
Saudi Arabia;  
(vii) Saudi Arabia 's removal of  Qatari audio -visual service suppliers ' channels from 
Saudi tourist facilities;  
(viii)  Saudi Arabia 's prohibit ions and restrictions on (a) the broadcasting and operation 
of certain Qatari service suppliers' media content  in Saudi Arabia,  and (b) 
accepting  new and renewing existing  subscriptions to Qatari audio -visual service 
providers' channels ; 
(ix) Saudi Arabia 's prohibit ion on the making of any payments, by any method, 
including by credit cards, payment cards, transfers, to certain Qatari service 
suppliers , either for new subscriptions or renewal of old subscriptions to the 
compan ies' channels ;  
(x) Saudi Arabia 's unilateral susp ension of the handling of international mail items and 
parcels originating from or designated to Qatar Postal Services Company; and  
(xi) Saudi Arabia 's omission to publish  certain measures of general application 
imposing the coercive attempts at economic isolat ion described in the paragraphs 
above.  
B. Legal bases of the complaint  
9. Qatar is concerned that the measures at issue taken by Saudi Arabia, as described in 
Section A of this request,  are inconsistent with Saudi Arabia 's obligations under the WTO covered 
agree ments.   
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:  
 
- land and maritime border closures, airspace an d airport  closure by Saudi 
Arabia;  
 
- prohibitions on entry into Saudi ports of (i) all ships owned by Qatar or Qatari 
individuals; and (ii) all ships bearing the Qatari flag;  
 WT/DS528/1 • G/L/1182 • S/L/417 • IP/D/37  
 
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  - prohibition on the landing of Qatari aircraft at airports in Saudi Arabia ; and,  
 
- prohibition on the discharge in Saudi ports and airports of any goods 
transported  from Qatar,  
 
Saudi Arabia appears to fail to accord immediately and unconditionally to like 
products originating in Qatar relevant advantages, favours, privileges or 
immunities that are granted by Saudi Arabia to products originating in other 
countries;  
 
(b) Article V:2 of the GATT 1994 , because, through the:  
 
- land and maritime border closures,  airspace and airport closure by Saudi 
Arabia;  
 
- prohibitions on entry into Saud i Arabia 's ports  of (i) all ships owned by Qatar 
or Qatari individuals; or (ii) ships bearing the Qatari flag ;  
 
- prohibition on  the landing of Qatari aircraft at airports  in Saudi Arabia; and,   
 
- prohibition on the discharge in Saudi ports and airports of any goods 
transported from Qatar,  
 
Saudi Arabia appears to deny freedom of transit through the territory of Saudi 
Arabia, via the routes most convenient for international transit, for traffic in transit 
to or from the territory of  Qatar , and makes distinct ions based on the flag of 
vessels  and/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 , 
aircraft  or of other means of transpo rt; 
 
(c) Article X:1 an d 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 , 
 
Saudi Arabia appears to be in violation of the obligations under these provisions;  
 
(d) Article XI:1 of the GATT 1994 , because, through the:  
 
- land and maritime border closures,  airspace and airport closure by Saudi 
Arabia;  
 
- prohibitions and restrictions on entry into Saudi Arabia 's ports of goods from 
(i) all ships owned by Qatar or Qatari individuals; or (ii) ships bearing the 
Qatari fla g;   
 
- prohibition on the landing of Qatari aircraft at airports in Saudi Arabia; and,  
 
- the discharge in Saudi ports and airports of any goods transported from Qatar,  
 
Saudi Arabia appears to institute or m aintain prohibitions 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:  
 
- land and maritime border closures, airspace and airport closure by Saudi 
Arabia;   
 
- prohibitions on entry into Saudi Arabia 's ports of (i) all ships owned by Qatar 
or Qatari individuals; or (ii) ships bearing the Qatari flag ;  WT/DS528/1 • G/L/1182 • S/L/417 • IP/D/37  
 
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  - prohibition on the landing of Qatari aircraft at airports in Saudi Arabia; and,  
 
- prohibition on the discharge in Saudi ports  and airports  of any goods 
transported  from Qatar,  
 
Saudi Arabia appears to apply prohibitions and restrictions on the importation of 
products of the territory o f 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 othe r countries being similarly prohibited or restricted . 
 
11. In addition to, and independently of, the multiple violations 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 the 
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:  
(f) Article II:1 of the GATS , because, by : 
 
- prohibiting Qatari persons ,  vessels and vehicles from crossing land or 
maritime borders with Saudi Arabia , or entering Saudi Arabia via airspace,  to 
supply services, as well as persons from Saudi Arabia crossing land or 
maritime borders with Qatar , or entering Qatar via airspace,  to consume 
services;  
 
- prohibiting (i) all ships owned by Qatar or Qatari individuals; and (ii) all ships 
bearing the Qat ari flag, from entering Saudi ports  , which prevents Qatari 
service suppliers from supplying services;  
 
- prohibiting the discharge in Saudi ports  and airports  of any goods transported  
from Qatar, which prevents Qatari service suppliers from supplying services;  
 
- prohibiting aircraft registered in Qatar from operating flights to and from Saudi 
Arabia, including prohibiting landing of Qatari aircraft at airports in Saudi 
Arabia, which pre vents Qatari service suppliers from supplying services;  
 
- prohibiting certain Qatari service suppliers from providing any service from 
their offices  in Saudi Arabia ; 
 
- prohibiting certain Qatari service suppliers from providing any service in Saudi 
Arabia and/or to consumers located in Saudi Arabia through their website;  
 
- prohibiting Qatari audio -visual service suppliers, from providing services in 
certain parts of Saudi Arabia, such as in tourist facilities , and/or to consumers 
located in Saudi Arabia ; 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,  
 
Saudi Arabia fails to accord immediately and unconditionally to services and/o r 
service suppliers of Qatar, 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:  
 
                                                
1 Saudi Arabia does not appear to have scheduled relevant exemptions in the sense of Article II:2 of the 
GATS . See GATS/EL/41, 29 March 2006, Kingdom o f Saudi Arabia , Final List of Article II (MFN) Exemptions , p. 
2. WT/DS528/1 • G/L/1182 • S/L/417 • IP/D/37  
 
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  - 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 t o, measures that significantly affect trade in 
services covered by Saudi Arabia 's specific commitments under the GATS,  
  
Saudi Arabia 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 land or maritime 
borders with Saudi Arabia , or entering Saudi Arabia via airspace,  to supply 
services, as well as persons from Saudi Arabia crossing land or maritime 
borders with Qatar , or enteri ng Qatar via airspace,  to consume services;  
 
- banning (i) all ships owned by Qatar or Qatari individuals; and (ii) all ships 
bearing the Qatari flag, from entering Saudi ports, which prevents Qatari 
service suppliers from supplying services;  
 
- banning the di scharge in Saudi ports of any goods shipped from Qatar, which 
prevents Qatari service suppliers from supplying services;  
 
- banning aircraft registered in Qatar from operating flights to and from Saudi 
Arabia, including prohibiting landing of Qatari aircraft  at Saudi airports, which 
prevents Qatari service suppliers from supplying services;  
 
- banning certain Qatari service suppliers, from providing any service from their 
offices  in Saudi Arabia ; 
 
- banning certain Qatari service suppliers, from providing any ser vice in Saudi 
Arabia and/or to consumers located in Saudi Arabia through their website;  
 
- banning Qatari audio -visual service suppliers, from providing services in 
certain parts of Saudi Arabia, such as in tourist facilities , and/or to consumers 
located in Saudi Arabia ; and  
 
- banning 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,  
 
Saudi Arabia 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 
Saudi Arabia 's schedule of specific commitments;  
 
(i) Article XVIII of the  GATS , because, by:  
 
- banning Qatari persons or vessels and vehicles from crossing land or maritime 
borders with Saudi Arabia , or entering Saudi Arabia via airspace,  to supply 
services, as well as persons  from Saudi Arabia  crossing land or maritime 
borders  with Qatar , or entering Qatar via airspace,  to consume services;  
 
- banning (i) all ships owned by Qatar or Qatari individuals; and (ii) all ships 
bearing the Qatari flag, from entering Saudi ports;  
 
- banning the discharge in Saudi ports of any goods shipped  from Qatar;  
 
- banning aircraft registered in Qatar from operating flights to and from Saudi 
Arabia , including prohibiting landing of Qatari aircraft at Saudi airports; and,  
 WT/DS528/1 • G/L/1182 • S/L/417 • IP/D/37  
 
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  - banning 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,  
 
Saudi Arabia violates its additional commitments on maritime transport services 
and communication services, as inscribed in Saudi Arabia 's schedule of specific 
comm itments . 
 
13. Saudi Arabia 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 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 Saudi Arabia '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:  
(j)  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 copy rights, trademarks and other 
forms of intellectual property, and their licensees, to use those intel lectual 
property rights in the territory of Saudi Arabia,  
 
Saudi Arabia 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 propert y. 
 
(k) 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 
 
- makin g it impossible for Qatari owners of copy rights, trademarks and other 
forms of intellectual property, and their licensees, to use those intellectual 
property rights in the territory of Saudi Arabia,  
 
Saudi Arabia appears to have failed to accord, immediat ely 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 request f or panel proceedings.  
18. Qatar looks forward to receiving a reply from Saudi Arabia 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.  
_________ _