WORLD TRADE  
ORGANIZATION  RESTRICTED 
WT/ACC/SPEC/YEM/5/Rev.5 
18 December 2012 
 (12-6969) 
Working Party on the 
Accession of Yemen  
 
 
 
DRAFT REPORT OF THE WORKING PARTY ON THE 
ACCESSION OF YEMEN 
TO THE WORLD TRADE ORGANIZATION 
 
Revision 
 
 
  WT/ACC/SPEC/YEM/5/Rev.5 
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  TABLE OF CONTENTS 
 
I.  INTRODUCTION .................................................................................................................. .. 1 
DOCUMENTATION PROVIDED ...................................................................................................... 1  
INTRODUCTORY STATEMENTS .................................................................................................... 1  
II.  ECONOMIC POLICIES .......................................................................................................... 2  
-  Monetary and Fiscal Policy .................................................................................................... .. 2 
-  Foreign Exchange and Payments ............................................................................................ 4  
-  Investment Regime.............................................................................................................. ...... 5 
-  State Ownership, Privatization and State-Trading Entities ................................................. 9  
-  Pricing Policies .............................................................................................................. .......... 14 
-  Competitio n Policy ............................................................................................................ ...... 15 
III. FRAMEWORK FOR MAKING AND ENFORCING POLICIES .................................... 15  
-  Powers of Executive, Legislative and Judicial Branches of Government .......................... 15  
-  Authority of Sub-Central Governments ............................................................................... 18  
IV.  POLICIES AFFECTING TRADE IN GOODS ................................................................... 19  
-  Trading Rights ................................................................................................................ ........ 19 
A.  IMPORT REGULATIONS .................................................................................................... 24  
-  Ordinary customs duties ....................................................................................................... . 24 
-  Other duties and charges ...................................................................................................... .. 25 
-  Tariff rate quotas, tariff exemptions ..................................................................................... 26  
-  Fees and charges for services rendered ................................................................................. 27  
-  Application of internal  taxes to imports ............................................................................... 30  
-  Quantitative import restrictions, includi ng prohibitions, quotas and licensing 
systems ....................................................................................................................... .............. 32  
-  Customs valuation ............................................................................................................. ...... 38 
-  Rules of origin ............................................................................................................... .......... 42 
-  Other customs formalities ..................................................................................................... . 44 
-  Preshipment inspection ........................................................................................................ .. 45 
-  Anti-dumping, countervailing duties, safeguard regimes ................................................... 45  
B.  EXPORT REGULATIONS ................................................................................................... 46  
-  Customs tariffs, fees and charges for serv ices rendered, application of internal 
taxes to exports .............................................................................................................. .......... 46 
-  Export restri ctions ........................................................................................................... ....... 47 
C.  INTERNAL POLICIES A FFECTING FOREIGN TRADE IN GOODS ......................... 47  
-  Industrial policy, including subsidies .................................................................................... 47  
-  Technical barriers to trade, standards and certification ..................................................... 51  WT/ACC/SPEC/YEM/5/Rev.5 
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  -  Sanitary and phytosanitary measures ................................................................................... 61  
-  Trade-related investment measures ...................................................................................... 67  
-  Free zones, special economic areas ........................................................................................ 68  
-  Government procurement ...................................................................................................... 6 9 
-  Transit ....................................................................................................................... ............... 70  
-  Agricultural policies.......................................................................................................... ...... 70 
(a)  Imports ....................................................................................................................... .............. 70  
(b)  Exports ....................................................................................................................... .............. 71  
(c)  Internal policies ............................................................................................................. .......... 71 
-  Textiles regime ............................................................................................................... ......... 72 
V.  TRADE-RELATED INTELLECTUAL  PROPERTY REGIME ....................................... 72  
-  GENERAL ....................................................................................................................... ........ 72 
-  Industrial property protection ............................................................................................... 72 
-  Responsible agencies for policy formulation and implementation ..................................... 72  
-  Participation in international intellectual property agreements ........................................ 73  
-  Application of national and MFN treatment to foreign nationals ...................................... 73  
-  Fees and taxes ................................................................................................................ .......... 74 
-  SUBSTANTIVE STANDARDS OF PROTECTION, INCLUDING 
PROCEDURES FOR THE ACQUISITION AND MAINTENANCE OF INTELLECTUAL PROPERTY RIGHTS ........................................................................... 74  
-  Copyright and related rights ..................................................................................................  74 
-  Trademarks, including service marks ................................................................................... 76  
-  Geographical indications, including appellations of origin ................................................. 78
 
-  Industrial designs ............................................................................................................ ........ 79 
-  Patents ....................................................................................................................... ............... 80  
-  Plant variety protection ...................................................................................................... .... 82 
-  Layout designs of integrated circuits .................................................................................... 83  
-  Requirements on undisclosed information, in cluding trade secrets and test data ............ 83  
-  MEASURES TO CONTROL ABUSE OF INTELLECTUAL PROPERTY 
RIGHTS ........................................................................................................................ ........... 84  
-  ENFORCEMENT ...................................................................................................................  84 
-  Civil judicial procedures and remedies ................................................................................. 84  
-  Provisional measures .......................................................................................................... .... 86 
-  Administrative procedures and remedies ............................................................................. 86  
-  Special border measures ....................................................................................................... .. 87 
-  Criminal procedures ........................................................................................................... .... 87 
VI.  POLICIES AFFECTING TRADE IN SERVICES .............................................................. 91   WT/ACC/SPEC/YEM/5/Rev.5 
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  VII. TRANSPARENCY ................................................................................................................. 95 
-  Publication of information on trade ...................................................................................... 95  
-  Notifications ................................................................................................................. ............ 96  
VIII. TRADE AGREEMENTS ....................................................................................................... 96  
CONCLUSIONS ................................................................................................................... ............... 97  
ANNEXES ....................................................................................................................... ..................... 99  
 
  WT/ACC/SPEC/YEM/5/Rev.5 
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  I. INTRODUCTION 
1. The Government of the Republic of Yeme n applied for accession to the World Trade 
Organization (WTO) in April 2000.  At its meeti ng on 17 July 2000, the General Council established 
a Working Party to examine the application of the Government of Yemen to accede to the World 
Trade Organization under Article XII of the Marrake sh Agreement establishing the WTO.  The terms 
of reference and the membership of the Working Party are reproduced in document 
WT/ACC/YEM/2/Rev.13. 
2. The Working Party met on 30 November 2004, 3 October 2005, 7 July 2006, 
2 November 2007, 24 October 2008, 3 July 20 09, 26 January 2010, 21 September 2010, 
30 April 2012 and 23 July 2012 under the Chai rmanship of Mr. Hartmut Röben (Germany). 
DOCUMENTATION PROVIDED 
3. The Working Party had before it, to serve as a basis for its discussions, a Memorandum on the 
Foreign Trade Regime of Yemen (WT/ACC/YEM/ 3), the questions submitted by Members on the 
foreign trade regime of Yemen, together with the replies thereto, and other information provided by 
the authorities of Yemen (WT/ACC/YEM/4, WT/ACC/YEM/5, WT/ACC/YEM/6, WT/ACC/YEM/7 and WT/ACC/YEM/7/Rev.1, WT/ACC/YEM/8 and Revisions 1 to 3, WT/ACC/YEM/9 and 
Revisions 1 to 9, WT/ACC/YEM/10, WT/ACC/YEM/11 and WT/ACC/YEM/11/Rev.1, 
WT/ACC/YEM/12 and WT/ACC/YEM/12/Rev.1, WT /ACC/YEM/13 and Revisions 1 to 3 and 
Addendum 1, WT/ACC/YEM/14, WT/ACC/YEM/15 and Revisions 1 and 2, WT/ACC/YEM/16, WT/ACC/YEM/17 and Revision 1, WT/ACC/YEM/18,  WT/ACC/YEM/19 and Revisions 1 to 3, 
WT/ACC/YEM/20 and WT/ACC/YEM/20/Add. 1, WT/ACC/YEM/21, WT/ACC/YEM/22, 
WT/ACC/YEM/23, WT/ACC/YEM/24 and Revisions 1 to 3, WT/ACC/YEM/26, WT/ACC/YEM/27 and WT/ACC/YEM/27/Rev.1, WT/ACC/YEM/28, WT/ACC/YEM/29, WT/ACC/YEM/30, WT/ACC/YEM/31 and Revisions 1 and 2, and WT/ACC/YEM/32, WT/ACC/YEM/33, WT/ACC/YEM/34, WT/ACC/YEM/39, WT/ACC/YEM/41), including the legislative texts and other 
documentation listed in Annex I.  
INTRODUCTORY STATEMENTS 
4. The representative of Yemen said that his Gove rnment was committed to Yemen's integration 
into the Multilateral Trading System, and its  accession to the WTO as soon as possible.  
Ongoing reforms complemented Yemen's WTO acces sion process, with trade liberalization a key 
component of the reforms.  Following on from a st ructural adjustment programme launched in 1995, WT/ACC/SPEC/YEM/5/Rev.5 
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  Yemen had begun implementation of a poverty reducti on programme with the assistance of the IMF, 
the World Bank and other developm ent partners.  His Government was also a beneficiary of the 
Enhanced Integrated Framework initiative and lo oked forward to benefiting from trade-related 
technical assistance. 
5. He added that Yemen, as a least-developed c ountry (LDC), sought to benefit from all the 
special and differential provisions and the flexib ilities granted to LDCs, including the transitional 
periods and technical assistance foreseen in the WTO Agreements, and the General Council's 
Decision on Guidelines for LDCs Accession (WT/ L/508).  Customs valuation, sanitary and 
phytosanitary measures, technical barriers to trade, and trade-related intellectual property rights were 
areas in which his Government required par ticular assistance and transitional periods. 
6. Members welcomed Yemen's application to join  the WTO and pledged to work constructively 
with Yemen to advance and conclude its accession on appropriate terms.  While appreciating the 
domestic reforms already undertaken, Members note d that further work w as needed to achieve 
compliance with WTO rules and disciplines.  Some Members indicated that they would continue to 
extend technical assistance to facilitate Yemen's ac cession to the WTO.  Yemen's status as an LDC 
was recognized, and in keeping with the guidelin es on LDC accessions, this would be a relevant 
factor in establishing Yemen's terms of accession. 
7. The Working Party reviewed the economic polic ies and foreign trade regime of Yemen and 
the possible terms of a draft Protocol of Accession to the WTO.  The views expressed by Members of the Working Party on the various aspects of Ye men's foreign trade regime, and on the terms and 
conditions of Yemen's accession to the WTO, ar e summarized below in paragraphs 8 to 285. 
II. ECONOMIC POLICIES 
- Monetary and Fiscal Policy 
8. The representative of Yemen said that the Cent ral Bank of Yemen (CBY) was responsible for 
formulating and implementing monetary policy.  In this regard, the CBY's main objectives were to 
maintain price stability, to provide sufficient liqui dity to the economy, and to establish a stable 
financial system based on market principles. 
9. Law No. 14/2000 "On the Central Bank of Yemen", Law No. 38/1998 "On Banks", 
Regulation No. 2/1997 "On Provisions and Proce dures for Granting Licenses for Banking Activities" 
and Law No. 21/1996 "On Islamic Banks" regulated ba nking activities.  The CBY was responsible for 
monitoring and supervising the ba nking sector, and issuing licenses fo r banking activities.  Currently,  WT/ACC/SPEC/YEM/5/Rev.5 
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  the banking sector comprised nine Yemeni banks, f our branches of foreign banks and four joint 
venture banks. 
10. Reform and development of m onetary and credit policies focussed on reducing inflation; 
containing the growth of money supply; improving the banking system by easing restrictions on 
banking activities; maintaining macroeconomic stability  through low inflation, stability in exchange 
rates, and by building up foreign exchange reserv es; restructuring the public and mixed banking sector 
to stimulate savings, lending and investment; devel oping specialized financial institutions for exports, 
sectoral development, and introducing loans for ta rget groups (women, the poor, etc.); mobilizing 
domestic savings and increasing loans by banks a nd financial institutions to the private sector; 
minimizing the build-up of the Government's fo reign debt, particularly from non-concessional 
sources, and negotiating a new round of debt forgiv eness with the Paris Club; developing financial 
markets through a supportive legislative and institu tional environment; improvi ng the functioning of 
the treasury bills market; and, enha ncing the independence of the CBY. 
11. Efforts were ongoing to develop the monetary  policy and monetary system to maintain 
exchange rate stability and control inflation.  The Yemeni rial (YRl) had depreciated by less than 
2 per cent against the US dollar in 2006.  The local currency had been relatively stable over the period 
2007 and 2009, before depreciating by around 10 per cent against the US dollar in the first quarter 
of 2010.  Inflation had been brought down from more  than 57 per cent in 1995 to 8 per cent in 2000.  
Since then, inflation had fluctuated year-on-year from a low of 4.3 per cent in 2004 to a high of 22.4 per cent in 2005, before dropping to 8.8 per cent in  2009.  Interest rates had been relatively stable 
over the same period with benchmar k interest earned on deposits cu rrently pegged at 20 per cent and 
lending rates hovering around 27 per cent.  The gr owth in broad money supply (M2) had ranged 
between 14.4 per cent in 2001 and 28.8 per cent in 2006, before dropping to 10.6 per cent in 2009.  The confidence in the national currency was rising, refl ected in the decline in the level of dollarization 
of the economy (from 52.5 per cent in 2005 to 42 per cent in 2009).  
12. Yemen's fiscal policy aimed at stimulating economic growth.  GDP had grown from 
YRls 1,662 billion in 2001 to YRls 5,374 billion in 2009.  The non-oil sector had been expanding 
steadily during the period, at a pace of 4.5 to 5.5 per cent per year (in constant prices).  Government 
revenue, including aid and grants, had increased from YRls 553.1 billion to YRls 2,109 billion 
between 2001 and 2008.  Expenditure had kept pa ce with revenue growth and had expanded from 
YRls 506.7 billion to nearly YRls 2,342 billion over the same period.  The budget had been in deficit 
in all years, except in 2001.  The ongoing reforms focussed on contro lling the budget deficits by 
limiting the growth in current expenditure and financing deficits from non-inflationary sources; WT/ACC/SPEC/YEM/5/Rev.5 
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  restructuring the budget to increase outlays and in vestment on infrastructure, education and health; 
developing and diversifying the Government's reve nue sources and tax base ; improving tax laws and 
applying a simplified and transpar ent tax policy; eliminating discri mination against domestic production 
and exports in tax administration;  and, mobilizing domes tic and foreign resources to finance public 
projects.  Information on Government revenue is summarized in Table 1.  
Table 1:  Government Revenue  
Source:  Central Bank of Yemen.  
- Foreign Exchange and Payments 13. The representative of Yemen said that the Cent ral Bank of Yemen, in consultation with the 
Government, formulated and implemented Yemen's fo reign exchange regime and policies.  The CBY 
was responsible for simplifying payments procedures,  working as a financial agent and advisor to the 
Government, and was the custodian and manager of Yemen's official reserves. 
14. The CBY was also responsible for issuing bank notes and coins.  The legal tender and national 
currency was the Yemeni rial (YRl).  Following  the abolition of a multi-exchange rate system 
in 1996, Yemen had adopted a floating foreign ex change regime.  In April 2010, the prevailing 
exchange rate was YRls 224 per US$1.  
15. Yemen had accepted the obligations of Article VIII of the Articles of Agreement of the 
International Monetary Fund in December 1996.  The CBY did not impose any restrictions on current 
transactions and guaranteed the re mittance of foreigners' earnings resulting from foreign transactions.  
Yemeni nationals or residents also could engage  in capital transactions such as foreign direct 
investment, trading in securities, foreign borrowi ng or lending and mainta ining deposits abroad. 
16. As a result of debt rescheduling with the Paris Club, the foreign debt of Yemen had decreased 
from US$10.5 billion in 1995 to US$4.9 billion in 2000, before rising to US$6 billion in 2009.  This foreign debt rescheduling, coupled with in creased petroleum revenue, had relieved pressure on (Billions of Yemeni Rials) 
Items 2003 2004 2005 2006 
Tax Revenue 
of which: 
Income Taxes Taxes on Goods and Services 
Custom Duties  
Other Taxes  153 187 235 266 
 
64 73 89 100 
43 56 89 112 
42 52 52 36 
4 5 6 17 
Non taxes  31 36 31 85 
Grants  8 16 14 1 
Oil Revenue 480 579 842 1,085 
Total Revenue and Grants  672 818 1,122 1,437  WT/ACC/SPEC/YEM/5/Rev.5 
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  the capital account and increased the current account su rplus.  In 2005, the current account surplus of 
YRls 122.5 billion had more than offset the ca pital account deficit of YRls 47.8 billion.  
Yemen's balance of payments had moved from a de ficit of YRls 100.1 billion (2.8 per cent of GDP) 
in 1998 to a surplus of YRls 113.7 billion (3.9 per cent of GDP) in 2005.  The merchandise trade 
balance had moved from a deficit of YRls 72.7 billi on in 1995 to a surplus of nearly YRls 327 billion 
in 2005.  Yemen's current account balance moved back  to a deficit of 6.3 per cent of GDP in 2007, 
and 4.4 per cent in 2008.   
17. In response to a query, the representative of Yemen said that a judicial order was required to 
freeze accounts in local or foreign currency.  A judicial order could be appealed and revoked if 
evidence for the revocation was provided. 
- Investment Regime  
18. Investment Law No. 15/2010 of 23 August 2010 had replaced Investment Law No. 22/2002 
and now served as the regulatory basis for foreign and domestic investment in Yemen.  Pursuant to 
Article 4 of Law No. 15/2010, all sectors were open for investment barring the manufacture of 
weapons and explosive materials.  Investments in  certain sectors, namely oil and gas; minerals; 
banking and finance; import, export, wholesale a nd retail trade were outsi de the purview of the 
Investment Law and governed by separate legisla tion.  In addition, Law No. 22/2002 had excluded 
activities considered contrary to the Shari'a and banned in Yemen such as investments in casinos, 
night clubs, swine and pork products, and alcoholic beverages; industries harming the environment or 
health; investments in the teleco m sector governed by the Wired and Wireless Telecommunications 
Law No. 38/1991; and, investments in free zones covered by the Free Zone Law No. 4/1993.  
19. The representative of Yemen considered it impractical  to attempt to draw up a definite list of 
activities considered contrary to Shari'a, but he assured the Working Party that measures taken in 
accordance with Shari'a principles would be implemented in a non-discriminatory manner.  As for investment in natural resources, he noted that e xploration and extraction of  oil and gas was governed 
by "Special Agreements" between his Government, represented by the Ministry of Oil and Minerals, 
and the petroleum companies in accordance with Article 18 of the Constitution.  The "Special 
Agreements" or "Production Sharing Agreements " covered hydrocarbon ex ploration concessions.  
These agreements were approved by the Council of  Ministers and subsequently forwarded to the 
House of Representatives (Parliament) for ratification and enactment into law.  Yemen applied such 
measures in a similar fashion to other countries ar ound the world and the agreements did not, in his 
opinion, raise concerns under any WTO Agreement.  The exploration and extraction of minerals was 
regulated by the Mines and Quarries Law No. 24/20 02.  Investments in banks, exchange bureaus and WT/ACC/SPEC/YEM/5/Rev.5 
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  financial companies were governed by the La w No. 38/1998 "On Banks", Law No. 21/1996 
"On Islamic Banks", Law No. 14/2000 "On the Central Bank of Yemen", Law No. 19/1995 
"On Financial Exchange", as ame nded by Law No. 15/1996; while investments in the insurance sector 
were regulated by Law No. 37/1992 "On Supervision and Monitoring of Insurance Companies and Agents", as amended by Law No. 9/1997.  Wholesale and retail trade was regulated by Commercial Law No. 32/1991, as amended by Law No. 6/1998.  
20. He added that the General Investment Author ity had been established in 1992, serving as a 
one-stop shop for investment.  The Authority pr ovided data requested by investors; streamlined 
procedures to initiate, expand, de velop and register investment projects in accordance with the 
Investment Law and by-laws; simplified procedures to establish investment companies and their branches; and, simplified procedures to bring in  foreign expertise not available in Yemen.  
The General Investment Authority considered the in vestment applications together with supporting 
documentation against criteria such as compliance with  applicable technical standards and disciplines; 
commitments to implement the project as per appr oved plans; and, ensuring limited or no negative 
environmental impact.  Foreign and domestic inv estors were subject to the same registration 
procedures and requirements.  Applications were  processed within 15 days.  He added that 
6,700 projects had been registered with the Authority between 1992 and 2010 (Table 2).   
Table 2:  Investment Projects Registered w ith the General Investment Authority (1992-2010) 
Sector Number of Enterprises 
Industrial 3,340 
Agricultural  663 
Fishery  184 
Services  1,597 
Tourism  916 
Total 6,700 
 
21. Concerning the right of appeal of investment d ecisions, the representative of Yemen said that 
investors could submit objections in writing to th e President of the General Investment Authority 
within 30 days of the notification of the decision.  The appeal should be considered within 20 days of 
submission.  The appeal was considered accepted if  no reply had been received by the end of this 
period, and the relevant decision-making authority was accordingly expected to make the decision 
consistent with the investor's submission.  In case of rejection, the investor was entitled to appeal 
further to the Prime Minister, who would take a decision within 10 days, or to the Council of 
Ministers, which would decide on the matter with in 30 days.  Having exhausted the administrative 
channels of appeal, the investor could al so file an appeal with the courts.   WT/ACC/SPEC/YEM/5/Rev.5 
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  22. Investment disputes could be referred to arbitr ation by written agreement between the parties.  
The arbitrators' decisions had the same power and e ffect as rulings of Yemeni courts.  To settle a 
dispute with the Yemeni Government or State, an  investor could opt for arbitration under Yemeni 
rules and procedures or invoke the procedures of th e Unified Investment Agreement for Arab Capital 
Investment in Arab countries, the International C onvention for the Settlement of Investment Disputes 
between the State and the nationals of another Stat e, the commercial arbitration rules and procedures 
of the United Nations' International Law Commission; or any international or bilateral agreement to 
which Yemen was a signatory.  Yemen had conclude d bilateral investment treaties with Algeria, 
Austria, Belarus, Belgium, Bulg aria, China, Croatia, Djibouti, Egypt, Eritrea, Ethiopia, France, 
Germany, Hungary, India, Indonesia, Iran, Italy,  Jordan, People's Democrat ic Republic of Korea, 
Kuwait, the Lebanese Republic, Malaysia, Mauritani a, Mongolia, Morocco, the Netherlands, Oman, 
Pakistan, Qatar, Romania, the Russian Federation, South Africa, Sudan, Sweden, Syria, Tunisia, 
Turkey, Ukraine, United Arab Emirates and the United Kingdom.  Yemen was a member of the 
International Convention for the Settlement of I nvestment Disputes and the Islamic Corporation 
Agreement for Investment Guarantee and Export Cr edit.  However, Yemen was not a party to the 
Convention on the Recognition and Enforcem ent of Foreign Arbitral Awards.   
23. Guarantees and other benefits accorded to investment pursuant to the Investment Law 
included (i) non-discrimination and equality for Yemeni and foreign investors with respect to rights, obligations, rules and procedures (Article 5 of Law No. 15/2010); (ii) guarantees against 
nationalization of investment projects or confiscation by any decision other than a judicial order; 
(iii) allowing all investors 100 per cent ownership of an investment project, including any real estate 
associated with it; (iv) full freedom to manage the projects and export any resulting goods or services 
without limitations; (v) allowing insurance of investments against non-commercial risks at any 
international institution of which Yemen was a member ; and, (vi) free transfer of foreign currency in 
cash to or from Yemen, or re-export of the capital invested whether in kind or in cash, in case of 
liquidation or disposal of the project.  In case of e xpropriation, foreign investors were entitled to the 
same compensation as that offered to domestic invest ors.  Investors were pe rmitted to employ foreign 
nationals according to the needs identified in th e project's list of requirements.  Non-Yemeni 
personnel could be granted three-year renewa ble work permits and residence visas upon the 
recommendation of the General Investment Authority.   
24. The Investment Law No. 22/2002 contained provisions for granting tax and import duty 
exemptions (Articles 18, 20, 21, 23 and 26).  All in dustries covered by the Law could avail of the tax 
exemptions.  The value of the fixed assets of th e project should exceed YRls 50 million; except in 
agriculture and for small projects with at least 10 employees.  Incentives for tourist establishments WT/ACC/SPEC/YEM/5/Rev.5 
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  and housing projects were contingent upon the hotel having no lower than a three-star rating and the 
housing project having at least 50 housing units.  Applications for exem ptions with supporting 
documents (the project's registration certificate a nd documents proving commercial registration and 
the start-up of production) had to be submitte d within 90 days of commencing operations.  
The General Investment Authority verified that th e project fulfilled the conditions to benefit from the 
incentives, and issued a tax exemption certificate wi thin 60 days upon receipt of the application and 
supporting documentation.  The rights of the investor would not be prejudiced in the unlikely event 
that the issue of the tax exemption certificate was being delayed.  Tax and customs duty exemptions 
were granted for fixed assets included in the invest ment projects and inputs to fisheries, livestock and 
agricultural production.  A 50 per cent reduction in customs duties was available for inputs used in 
other sectors or projects.  Spare parts accounting fo r no more than 10 per cent of the fixed assets were 
exempted from customs duty.  Means of transport were duty exempt if they formed an integral part of 
the investment (e.g. buses for tourism).  The durati on of exemptions from property taxes and fees, the 
income tax on dividends, the profit tax, fees and taxes on exports, etc. ranged from 7 to 16 years 
depending on the location of project, the percentage of Yemeni ownership in joint-stock companies, 
and local content in the fixed assets.  To encourage investment in remote areas an additional two-year 
tax exemption was granted to projects located outside a 20 - 25 kilometre radius of the cities of Aden, 
Al-Hudaidah, Mukalla, Sana'a and Taiz.  Investment s in joint-stock companies were entitled to an 
extra two-year tax exemption when at least 25 pe r cent of the equity was owned by Yemenis.  
An additional two years of tax exemption could al so be accorded to investments with a local 
component of not less than 25 per cent of the tota l fixed assets (Article 21 (c)).  The General 
Investment Authority could deny applications for duty and tax exem ptions if equivalent fixed assets 
could be sourced locally (Article 18 (f)).  Tax exemptions could be carried forward for up to 
three years for projects incurring losses.  The tax exem ptions could also be applied proportionally in 
case of project expansions.  Profits from exports we re not taxed even after the exemption period had 
lapsed (Article 26).   
25. Some Members noted that Yemen appeared to  apply investment incentives discriminating 
against foreign investors and contingent upon expo rt or the use of local content, reminding Yemen 
that the Agreement on Subsidies and Counterva iling Measures did not exempt LDCs from the 
prohibition of local content or export performance subsidies.  Yemen was urged to abolish such 
criteria from its investment incentives regime and to equalize the treatment of foreign and domestic investors.  In particular, Yemen was requested to  consider the elimination of the additional tax 
exemption granted to investment projects with at least 25 per cent Yemeni equity; to examine 
alternatives to the use of export subsidies in its investment regime; and, to notify and provide a  WT/ACC/SPEC/YEM/5/Rev.5 
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  timetable for phasing out prohibited investment ince ntives contingent upon the use of domestic over 
imported goods.   
26. In reply, the representative of Yemen pr ovided a subsidies notification in document 
WT/ACC/YEM/29, and an action plan for eliminating subsidies contingent upon the use of domestic 
over imported goods in documents WT/ACC/YEM/27 a nd WT/ACC/YEM/27/Rev.1.  He said that his 
Government had reviewed the Investment Law No. 22/2002 for consistency with WTO requirements.  
He considered the investment incentives provided to be  general in nature and not specifically targeted 
to any industry.  In his opinion, these incentives were  accorded to local and foreign investors without 
discrimination and in accordance with the flexibiliti es allowed for LDCs within the WTO framework.  
He added that the new Investment Law No. 15/2010 had eliminated the local content based incentives 
provided for in Investment Law No. 22/2002.   
27. Having examined a draft of the new Investment  Law, a Member noted that enterprises with 
investments already in operation would continue rece iving all the benefits and investment incentives 
granted under Law No. 22/2002 till the end of their exemption period (Article 29 (a)).  
Investment projects in the pipeline, and regist ered pursuant to Law No. 22/2002, would also be 
granted tax and duty exemptions if operations started within two years from the date the new 
Investment Law entered into force (Article 29 (b)).  In response, the representative of Yemen 
acknowledged that investment projects established pursuant to Investment Law No. 22/2002 would 
continue to benefit from the tax and import duty ex emptions already granted until the end of their 
exemption period.  The new Investment Law No. 15/2010 had come into effect upon publication in 
the Official Gazette.  New investments would subsequently operate on the basis of the new 
legislation.  
- State Ownership, Privatization and State-Trading Entities 
28. The representative of Yemen said that State-owne d enterprises played a minimal role in the 
national economy.  Although data was scarce, he estimated that State-owned enterprises in the 
industrial sector accounted for approximately 1. 2 per cent of the number of firms and around 
10 per cent of the output of the sector in 2005.   The operation of State-owned enterprises was 
governed by Law No. 35/1991 "On Public Authorities,  Corporations and Companies", as amended by 
Law No. 7/1997, or by the decrees establishing th ese enterprises.  The degree of State-ownership 
differed from one enterprise to another, as shown in Table 3.   
29. Asked whether the State-owned enterprises faced private sector competition, he said that the 
majority of them operated on free market principles.  However, monopolies had been established for WT/ACC/SPEC/YEM/5/Rev.5 
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  fixed-line telephone services (the Public Te lecommunication Corporation), international 
telecommunication services (TeleYemen), electric ity production and distribution (the Public 
Electricity Corporation), and water and sewage (the  Public Corporation of Water and Sanitation).  
Yemen had no plans to break up the existing monopoli es, but would allow private sector participation 
gradually to ensure universal access to essential servi ces.  In this regard, public-private partnership 
had been introduced in the power sector with the private sector generating electricity for sale and 
distribution by the Public Electricity Corporation.   
30. The Decree establishing a State-owned enterpri se stipulated the appointment mechanism for 
the members of the board.  As a general rule, the President or the Prime Minister would appoint the 
entire board for wholly-owned State enterprises.  In  part-owned enterprises with a majority State 
holding, the Council of Ministers approved the company's regulations and the President or 
Prime Minister appointed the chairman and the members representing the Government as owner, 
while the private sector members were elected by the general assembly of the enterprise.  
The formation of the Board of Directors and de cision making in enterprises with Government 
ownership of less than 50 per cent was subject to the firm's Articles of Association.  These companies 
operated in a manner similar to private enterprises.   Questioned about the corporate governance rules 
applied to wholly and partly-owned State enterprises - i.e. the type of  decisions taken by the Board of 
Directors, how these decisions were made, whether written minutes were kept of Board meetings and 
made available to the shareholders or the public , and whether State-owned enterprises issued annual 
reports available to the public - the representativ e of Yemen said that the Boards of Directors 
established the policies and objectives of the in stitutions; approved investment plans; endorsed 
administrative and financial regula tions; approved the annual financial plan of the entity, the general 
budget, fiscal accounts and the annual inventory; decided on contracts regarding investments, loans and credits; appointed branch managers; and, a pproved studies, recommendations, proposals and draft 
decisions for consideration of the Minister or the Prime Minister.  Decisions were taken by majority 
voting, and minutes of the meetings and annual reports  were made available to the shareholder(s).  
State-owned and State-controlled enterprises were su bject to international accounting standards, and 
an independent audit was required by Yemeni law.  The enterprises were also subject to the provisions 
governing bankruptcy in Articles 570-823 of Commercial Law No. 32/1991. 
31. Asked whether State-owned and State-controlle d enterprises were subject to Law No. 3/1997 
"On Government Bids, Tenders and Warehouses" and how these enterprises made purchases for 
operational purposes, he said that the Law excluded from the enforcement of its provisions units of 
the public sector "with productive nature" and unit s of the "mixed" sector in recognition of the  WT/ACC/SPEC/YEM/5/Rev.5 
 Page 11 
 
 
  commercial nature of their activities, and exclude d other legislation governing the establishment and 
operations of such enterprises.   
32. As for privatization, the representative of Yemen said that privatization was carried out within 
the framework of his Government's economic reform programme, the national poverty reduction 
strategy, and economic needs.  Legislation related to privatization included the Decree No. 150/1994 
"On Privatization of Public Institutions"; Decree No. 8/1995 "On Regulatory and Executive 
Procedures for Privatization"; Republican Decree No. 399/1999; and, Law No. 45/1999 
"On Privatization".  The legislation had been adopted to regulate and streamline privatization 
procedures; limit or redefine the role of the St ate in the management of the economy; reduce the 
expenditure and increase the efficiency of State-ow ned enterprises; encourage private investment and 
ownership; and, enhance the inflow of investme nt and advanced technology.  Local and foreign 
investors enjoyed equal opportunities to participat e in the privatization process.  Information on 
enterprises that have been privatized, liquidate d or are undergoing privatization is provided in 
Table 4.  None of these enterprises were bankrupt  as defined in Articles 570-823 of the Commercial 
Law No. 32/1991.  Yemen had no fixed timetable for the completion of its privatization process.   
33. Privatization was carried out pursuant to Artic le 5 of Law No. 45/1999 by offering shares for 
public subscription; partial or complete sale to the employees; sale of assets or components; capital 
and operational partnershi ps; management contracts and leases; sale of State-owned shares in the 
mixed sector, provided this did not contravene laws  or create monopolies; and, denationalization or 
return of State-owned units to the previous owners.   
34. All privatizations involving either a partial or full transfer of ownership were subject to the 
Council of Ministers' approval.  The Supreme Committee for Privatization - chaired by the Prime Minister and comprising the Ministers involved in privatization and the Technical Privatization 
Office (TPO) - had been established to ensure that  privatization procedur es were standardized, 
transparent, neutral and non-discriminatory.  Th e TPO provided technical information and inputs 
(e.g. studies, proposals, design of privatization pr ogrammes, tendering procedures and contracts), and 
was the technical body servicing the Supr eme Committee for Privatization.   
35. The functions of the Supreme Committee for Pr ivatization included (i) approving studies and 
proposals to assist decision-making and evaluation of  the privatization approach or methods under 
consideration; (ii) approving executive programmes,  documents and contracts drafted in accordance 
with the privatization procedures or methods specified in Article 5 of Law No. 45/1999.  
These documents were submitted to the Council of Ministers for final approval; (iii) appointing 
temporary members to the Executive Board of Dir ectors in enterprises slated for privatization; WT/ACC/SPEC/YEM/5/Rev.5 
Page 12 
 
 
  (iv) addressing the financial, administrative and le gal aspects of units being privatized; (v) approving 
proposals for the liquidation, merger or division of units and branches, if this was deemed necessary, 
and served economic or institutional interests; and, (vi) approving designs of privatization 
programmes prepared by the TPO, covering all phases of the privatization process from the preparatory phase to the final executio n of the project.  He added that the tasks and functions of the 
Supreme Committee for Privatization were being modified in a draft amendment to the Law No. 45/1999.   
36. The representative of Yemen said that the TPO published announcements on privatization in 
"Althowrah" and "14
th of October" - two daily newspapers with  wide circulation in Yemen - to ensure 
transparency in the privatization process.  The la w allowed the publication process to include all mass 
media, including the Internet.  The TPO provided l eaflets describing the unit under privatization to 
potential investors.  The TPO also offered potential investors an opportunity to visit and inspect the 
enterprises to enable the investors to make appropriate bids. 
37. The representative of Yemen said that all St ate-owned enterprises operated on an equal 
footing with the private sector and on the basis of  market forces and principles.  In his view, no 
exclusive rights or privileges within the purview of Article XVII of the GATT 1994 were accorded to 
any enterprise.  Reminded that the obligations of Article XVII of the GATT 1994 applied to all 
State-owned or controlled enterprises regardless of  their privileged trading status, he confirmed 
Yemen's commitment to Article XVII of the GATT 1994.  
38. Responding to specific questions, he added that  the Yemen General Corporation for Oil and 
Gas (GCOG), owned by the Ministry of Oil and Natural Resources, was a State-owned holding 
company responsible for industry re gulation and all imports and exports of crude oil, natural gas and 
petroleum products.  In this respect, the holding co mpany and its affiliates - the Yemen Oil Company, 
the Yemeni Company for Distribution of Oil Deri vatives, the Aden Refinery Company, the Yemen 
Gas Company and the Yemen Refining Company - he ld exclusive rights in the exploration, 
distribution, refining, processing, marketing, im portation and exportation of oil, gas and refined 
petroleum.  The holding company was exempt fr om payment of all customs duties and taxes.  
Trading in petroleum products was supervised to c onserve an exhaustible na tural resource and to 
rationalize its use.  Asked how the General Corpor ation could determine the quantity of imports of 
crude oil and its derivatives in a transparent, objective and non-discriminatory manner when such 
goods were competing directly with the products of its affiliates, the representative of Yemen said that 
the GCOG determined the quantity of crude oil and derivatives required for domestic consumption 
through market research and in consultation with  other institutions and Government bodies.   WT/ACC/SPEC/YEM/5/Rev.5 
 Page 13 
 
 
  Local consumption of petroleum products was fore cast annually on the basis of consumption in the 
previous year, adjusted for the estimated growth (5-10 per cent) in domestic demand.  The estimates 
were forwarded to the Aden Refinery Company, which supplied up to 90 per cent of the petroleum 
products needed to satisfy domestic demand.  The balance was covered by the Marib refinery or 
through imports.  The imported quantity depended on  the size of the estimated deficit and available 
storage capacity.  Domestic production was set to e xpand with two privately-owned refineries in the 
pipeline.  All petrol stations, private or State- owned, purchased petroleum products from the Yemeni 
Company for Distribution of Oil Derivatives.  Impor tation of petrochemical products was handled by 
the private sector.   
39. Noting that the General Corporation in effect appeared to be controlling the importation of 
goods competing directly with the output of its aff iliates, a Member requested further information on 
how import needs were determined and the m echanism whereby imports were permitted.  
This Member suggested that Yemen could consider  creating a State-trading enterprise not affiliated 
with the General Corporation to set import qua ntities.  Yemen was also reminded that a GCOG 
affiliate, being the sole distributor of derivatives to  certain customers, could constitute a State-trading 
enterprise for the goods involved, in which cas e Yemen should explain how it ensured imported 
derivatives equal opportunity to compete with Yemeni derivatives. 
40. In reply, the representative of Yemen referred specifically to the importation of diesel and 
liquefied petroleum gas.  The private sector ha d no incentive to import these petroleum products, as 
they were sold at prices below world market levels in Yemen.  As the two products were subsidized 
by the Treasury, the Ministry of Oil and Minerals  determined the imported quantities in consultation 
with the Ministry of Finance.  The Ministry th en assigned the respective GCOG affiliate to purchase 
and distribute the imports.  The decisions on where to source the imports from were based on 
commercial considerations.  The private sector  imported non-subsidized petroleum products. 
41. Based on the available information, some Members considered the Yemen General 
Corporation for Oil and Gas a State-trading en terprise in the meaning of Article XVII of 
the GATT 1994.  In response, the representative of  Yemen agreed to notify the Yemen General 
Corporation for Oil and Gas as a State-trading enterprise upon accession.   
42. The representative of Yemen confirmed that from the date of accession Yemen would ensure 
that all State-owned, State-controlled, and other en terprises with special or exclusive privileges would 
make purchases of goods and services, which were not  intended for governmental use, and sales in 
international trade, based solely on commercial cons iderations, e.g. price, quality, marketability and 
availability, and that the enterprises of other WTO Members would have an adequate opportunity in WT/ACC/SPEC/YEM/5/Rev.5 
Page 14 
 
 
  accordance with customary practice to compete for such purchases or sales.  In addition, Yemen 
would not influence, directly or indirectly, co mmercial decisions on the part of State-owned, 
State-controlled, and other enterprises with special or exclusive privileges, including on the quantity, 
value or country of origin of an y goods purchased or sold, except in a manner consistent with the 
WTO Agreement.  The representative of Yemen confirmed that upon accession Yemen also would 
notify and provide information on the activities of all State-owned, State- controlled, and other 
enterprises with special or excl usive privileges in accordance with  Article XVII of the GATT 1994 
and the Understanding on that Article.  The Wo rking Party took note of these commitments.  
- Pricing Policies 
43. The representative of Yemen said that prices of goods and services supplied by the private 
sector were governed by market forces and not su bject to Government intervention.  For goods and 
services provided by State-owned enterprises, his Government determined the prices of oil 
derivatives, fixed telephone service s and public goods or essential ser vices such as water, sewage and 
electricity to accommodate the general public and, in particular, the poor and lower-income segments 
of the population.  The legal basis for the price controls on these items was the decree establishing 
each enterprise.  Some products were subsidized, not ably oil derivatives, while the prices of other 
products included a modest profit margin.  All cons umers paid the same prices for these products.   
44. His Government had reviewed the price regula tions on petroleum products with a view to 
further liberalization.  The prices of turbine aircraft fuel and fuel oil had been liberalized.  By the first 
quarter of 2010, Yemen had reduced the subsidies and brought the administered prices more in line 
with international prices, raising the price (per litr e) of petrol from YRls 35 to 70; diesel from YRls 17 
to 45; kerosene from YRls 16 to 40; and, LPG fro m YRls 205 to 1,000 per cylinder.  All other 
petroleum products were sold at international mark et prices.  Crude oil had been exported at an 
average price of US$62.93 per barrel in 2006.  Yemen's oil production had declined steadily from 
160 million barrels in 2001 to 107 million barrels in 2 008.  Local consumption of petroleum products 
had amounted to 5.74 million tonnes in 2008, and expor ts of oil had totalled 44.45 million barrels.   
45. The representative of Yemen confirmed that, from the date of accession, price controls in 
Yemen would be applied in comp liance with Articles III:4 and XI:1 of the GATT 1994 and Article 4 
of the Agreement on Agriculture.  He also confir med that Yemen would apply price controls in a 
WTO-consistent fashion, including by taking into  account the interests of exporting WTO Members 
as provided for in Article III:9 of the GATT 1994.  He further confirmed that Yemen would publish 
the list of goods and services subject to State pri ce control and any changes to this list in its  WT/ACC/SPEC/YEM/5/Rev.5 
 Page 15 
 
 
  Official Gazette and would continue to do so afte r accession.  The Working Party took note of these 
commitments. 
- Competition Policy 
46. The representative of Yemen said that Law No. 19/1999 "On Competition Promotion, 
Monopoly, and Commercial Deception Prevention" provided the legislative basis for promoting 
competition and preventing monopolistic behaviour and deceptive trade pr actices in Yemen.  
The Law excluded from its scope provisional measures taken by the Council of Ministers in 
emergency or force majeure  instances; rights conferred through th e protection of intellectual property; 
the activities of commercial enterprises linked to the Government through valid concession 
agreements; State monopolies; commercial agencies ; and, franchising or licensing agreements with 
foreign producers.   
47. Law No. 19/1999 established a Government aut hority - the "Anti-Monopoly and Competition 
Protection Authority" - to define the policies and procedures needed to protect and encourage 
competition.  The Authority could intervene agains t monopolistic or anti-competitive behaviour in the 
form of monopolies; cartels; agreements limiting production, trade or competition in various forms; 
price fixing; collusion etc.  Individuals and enterprises could bring complaints against restrictive 
business practices to the Authority, which would investigate the claims.  Having established the 
merits of a claim, the Authority would approach th e Ministry of Industry and Trade to hand over the 
matter to the general prosecutor for further inves tigation and action before the court against the 
perpetrator.  He added that a new draft Law "On Monopoly and Anti-Compe titive Behaviour" was in 
preparation.   
III. FRAMEWORK FOR MAKING AND ENFORCING POLICIES 
- Powers of Executive, Legislative and Judicial Branches of Government 
48. The representative of Yemen said that the Presi dent was the Head of State in Yemen.  
The President was elected for sev en-year terms.  The President, together with the Council of 
Ministers, exercised executive power in accord ance with the provisions of the Constitution.  
The President endorsed the agreements falling within  the jurisdiction of the Council of Ministers.  
In coordination with the Government, the President set-out State policy and supervised the implementation of the Government's policies.   
49. The Council of Minister s was the highest executive and admi nistrative body.  Tasks carried out 
by the Council of Ministers included preparing th e Final Accounts Statements, the State Economic WT/ACC/SPEC/YEM/5/Rev.5 
Page 16 
 
 
  Plan, the annual public budget, and supervising the implementation of the annual budget.  The Council 
of Ministers was also responsible for drafting la ws, decrees, and a pproving treaties and agreements 
before submitting them to the House of Representatives or President for ratification and endorsement.   
50. The House of Representatives, whose 301 members were elected for six-year terms, was the 
legislative branch of the State.  Pursuant to the Constitution, all laws had to be enacted by the House 
of Representatives.  Members of the House of Representatives approved the Government's economic 
and social development plans, the annual public  budget, the Final Account s Statements, etc.  
The President issued the decisions or decrees on treaties and agreements ratified by the House of 
Representatives.  In addition to the House of Re presentatives, the Shura (Consultative) Council had 
been established by Presidential Decree and comprise d 111 members.  Members of the Shura Council 
were appointed by the President and were neither  members of the House of Representatives nor local 
councils.  The Shura Council made recommendati ons and commissioned studies to assist the 
Government in drawing up its  development strategies.   
51. The judiciary was an independent, financia lly and administratively distinct power.  
Interference in legal proceedings  or any attempt to influence rulings was a criminal offence 
punishable by law.  Judges were nominated by th e Minister of Justice, approved by the Supreme 
Judge Council and appointed by Republican Decree.  Judges were required to meet the qualifications 
stipulated in the Judicial Authority Law No. 1/1990.  Courts were responsible for settling all disputes.  
As set-out in the Judicial Authority Law, courts we re divided into Primary C ourts, Courts of Appeal 
and the Supreme Court.  Furthermore, Repub lican Decree No. 378/1999 established Commercial 
Courts (primary level) and the Departments of Ap peal.  Commercial Courts were specialized courts 
handling claims and disputes of a commercial nature  while the Civil Courts had general jurisdiction 
on non-commercial disputes.  Judges at the Commerc ial Courts and the Commercial Department of 
Appeal were selected on the basis of expertise in commercial law and transactions.  Commercial Courts and Appellate Courts were located in Sana'a and in the cities of Aden, Taiz, Mukalla and 
Al-Hudaidah.  The mandate of these courts ex tended to all the Governorates in Yemen.   
52. The Civil Procedure and Enforcement Law No. 40/2002 governed the filing, processing, 
adjudication, appeal and enforcement of civil a nd commercial cases.  Enforcement of civil cases was 
carried out through fines, detention, seizure, recei vership, etc.  Public authorities were obliged to 
assist in the enforcement of court rulings.  Crimin al cases were prosecuted in the Primary Courts and 
appealed in the Courts of Appeal as stipulated in Republican Decree Law No. 13/1994 "On Criminal 
Procedures".  Civil and criminal case rulings could be  appealed within 60 days of the court's decision 
through petitions for reconsider ation; and, cassation through appeals in the Supreme Court.   WT/ACC/SPEC/YEM/5/Rev.5 
 Page 17 
 
 
  The rulings of the Supreme Court were final.  The time required by a court to reach a final decision 
depended on the nature of the case; Article 243 of the Civil Procedure and Enforcement Law provided 
for expedited procedures in urgent cases.   
53. Arbitration was conducted in accordance with Republican Decree Law No. 22/1992 
"On Commercial Arbitration" and enforced in line with the procedures and provisions of the Civil Procedure and Enforcement Law.  The recourse to  arbitration could be stipulated in the written 
contract between the parties or be concluded in a separate written agreement.  The agreement to refer 
a matter to arbitration was binding, and implied that th e parties waived their right to resort to the court 
system.  The parties to the dispute chose the me mbers of the arbitration panel, which could hold 
hearings or seek expert opinions before issuing its decision in writing.  Arbitration decisions were 
binding and enforced by the courts pursuant to Article 58 of Decree Law No. 22/1992.  He added that 
a new Law "On Arbitration" was being consid ered by the House of Representatives.   
54. In accordance with the Constitution, Yemen' s accession to international agreements or 
conventions required the endorsement of the Counc il of Ministers, approval in the House of 
Representatives, and Presidential ratification.  The President would ratify the agreement and issue a 
law or decree, which would be published in the O fficial Gazette.  The provi sions of international 
agreements approved by the House of Representatives and ratified and signed by the President were 
considered part of the domestic law.  His G overnment implemented th e ratified international 
agreements by deploying the same mechanisms a nd instruments available to implement domestic 
laws.  As outlined in the provisional legisla tive action plan (document WT/ACC/YEM/9 and its 
Revisions), domestic ratification of the WTO accession package was expected to take up to 
six months.   
55. In reviewing the action plans, a Member noted that Yemen did not foresee enactment of 
WTO-consistent legislation in a number of areas until after WTO Membership.  Yemen was requested to enact the legislation needed to bring its trade re gime in conformity with WTO requirements by the 
date of accession even if full im plementation of certain WTO obligations, and entry into force of 
legislation was over a transitional period outlined in the relevant action plans.  The representative of 
Yemen replied that Yemen planned to enact WTO-compliant legislation by the date of accession.  
Implementation would be phased in over transition peri ods as specified in the relevant action plans.  
56. The Ministry of Industry and Trade was respon sible for formulating and implementing Yemen's 
trade policies.  Other relevant Ministries and agen cies were the Ministry of  Planning and Development; 
the Ministry of Finance; the Customs Authority and Taxation Authority, supervised by the Ministry of 
Finance; the Central Bank of Yemen; the Ministry  of Agriculture and Irrigation; the Ministry of WT/ACC/SPEC/YEM/5/Rev.5 
Page 18 
 
 
  Fisheries; the Ministry of Tourism and Environment;  the Ministry of Communi cations; the Ministry of 
Public Health and Population; the Ministry of Social Affairs and La bour; the Ministry of Culture; and, 
the Ministry of Transportati on and Maritime Affairs.   
57. The representative of Yemen confirmed that the current Constitution, laws and regulations 
provide the necessary institutional base for the prom pt administrative and judicial review of the 
Government's actions.  He further confirmed that from the date of accession Yemen's laws would provide for the right to appeal administrative ru lings on matters subject to WTO provisions to the 
courts or other independent tribunals in conform ity with WTO obligations, including those set-out in 
Article X of the GATT 1994, Article 23 of the Ag reement on Subsidies and Countervailing Measures, 
Article 11 of the Agreement on Implementation of  Article VII of the GATT 1994, Article 62 of 
the Agreement on Trade-Related Aspects of Intellect ual Property Rights and Article VI of the GATS.  
The tribunals or procedures would also include act ions relating to the im plementation of national 
treatment, conformity assessment, the regulation, control, supply or promotion of a service, including the grant or denial of a licence to provide a servi ce and other matters.  Th e tribunals or procedures 
responsible for such reviews woul d be impartial and independent of the agency entrusted with 
administrative enforcement and would not have any subs tantial interest in the outcome of the matter.  
The review procedure would include the opportunity  for appeal, without penalty, by individuals or 
enterprises affected by any administrative action subj ect to review.  Notice of the decision on appeal 
would be given to the appellant and the reasons fo r such a decision would be provided in writing.  
The Working Party took no te of these commitments. 
- Authority of Sub-Central Governments 
58. The representative of Yemen said that the Lo cal Councils Law No. 4/2000 outlined the 
authority of the central government to draw up genera l policies; formulate rules and regulations; train, 
supervise and implement nation-wide projects; an d, upon request, to implement projects local 
councils found difficult to execute.  He stated that  the central government had full control and powers 
to implement the requirements of the WTO Agr eements.  The central gove rnment retained the 
authority to impose taxes, investment regulations, and the granting of benefits, and local authorities 
had no jurisdiction on these matters.  Sub-central au thorities did, however, have jurisdiction on land 
allocation and zoning decisions.   
59. The representative of Yemen confirmed that, upon accession, Yemen would apply 
WTO provisions and Yemen's Protocol of Acces sion uniformly throughout the entire customs 
territory, including in special economic zones, and other areas where special regimes for tariffs, taxes 
and regulations were established.  He further confirmed that when appraised or alerted of a situation  WT/ACC/SPEC/YEM/5/Rev.5 
 Page 19 
 
 
  where WTO provisions were not being applied or were applied in a non-uniform manner, central 
authorities would act to enforce WTO provisions wit hout requiring affected parties to petition through 
the courts.  The Working Party took note of these commitments.   
IV. POLICIES AFFECTING TRADE IN GOODS 
- Trading Rights 
60. The representative of Yemen said that all natu ral or legal persons wishing to engage in 
importation were required to register with the Ge neral Directorate for Commercial Registration under 
the Ministry of Industry and Trade.  Exporters we re also required to obtain a Commercial Registration 
Permit (Export Category) from the branches of the Mini stry of Industry and Trade to engage in export 
activities.  Decision No. 314/1996 outlined the commercial registration requirements for importers and exporters.  The registration fee set-out in D ecision No. 57/2009 depended on the legal form of the 
registered entity, i.e. joint-stock company (Y Rls 50,000); joint liability company (YRls 20,000); 
limited partnership with shares (YRls 20,000); lim ited partnership (YRls 15,000); and, agency or 
branch of a foreign company (YRls 60,000).  The fee covered a period of five years and re-registration was automatic upon payment of the same  fees.  These and other fees in connection with 
importation are discussed further in the section on "Fees and charges for services rendered" and 
Table 9. 
61. In his view, the registration requirements fo r importation and exportation were simplified, 
inexpensive and a convenient regulatory require ment.  The registration procedures could be 
completed within one week.  The application and supporting documents were submitted to the 
General Directorate for Commercial Registration or to  the Registration Departments at the Ministry of 
Industry and Trade's Governorate offices.  For individual traders or natural persons, supporting 
documents included a copy of their Yemeni ID card or passport; proof of fixed premises in Yemen; 
and, possession of a municipal commercial licence (a business licence not specifically related to importation and exportation).  Commercial compani es (partnerships, limited  liability, joint-stock 
companies, etc.) were required to submit a copy of their Articles of Association; and, the 
Memorandum of Association (for joint-stock compan ies).  A Ministerial Decision on the registration 
of the firm was subsequently issued.  The Minist er's approval of the establishment of a firm for 
importation was obtained by submitting an application t ogether with copies of IDs or passports of the 
company's founders; a bank certificate declaring th e capital assets; and, the firm's Articles and 
Memorandum of Association.  He stressed that a tr ading company registered only once to practice all 
the activities described in its memorandum of associ ation and articles of association.  Renewal of 
commercial registration was automatic and did not require ministerial approval.  WT/ACC/SPEC/YEM/5/Rev.5 
Page 20 
 
 
  62. Asked whether every business operating in Yemen needed registration and had its registration 
approved by a Minister, and whether Yemen ha d any intention to streamline its commercial 
registration procedures to make them less burdensom e for importers and investors, the representative 
of Yemen said that the establishment of a join t-stock company required a decree issued by the 
Prime Minister and, when the underwriting had been  completed, a ministerial decree to allow the 
company to commence operation.  Limited liability  companies and closed-stock companies also 
needed to obtain a ministerial d ecree, while joint liability companies and limited partnerships did not 
need a ministerial decree for commercial registration.   
63. Concerning the right to engage in importation or exportation, the representative of Yemen 
said that Yemeni nationals had the right to impor t for commercial use.  Although Yemen recognized 
the distinction between the right to import and the right to distribute goods, a non-resident entity was 
not permitted to register as an importer of reco rd (Article 11 of Commercial Registrar Law).  
A foreign company wishing to engage in impor t operations would need to establish a Yemeni 
company or appoint an agent based in Yemen.  Foreign-owned enterprises established in Yemen had 
the right to import products related to their activities.   
64. Several Members questioned Yemen's policy to reserve importation for Yemeni nationals.  
In addition, the requirement that an importer be a Yemeni resident went against the fundamental right 
of the WTO to import goods without investing in a member country.  Article III of the GATT 1994 required imported products to have access to the same channels of distribution as domestic like 
products with no requirements or c onditions imposed on such importation unless also applied to like 
domestic products.  Yemeni products appeared to be sold directly to consumers.  Article XI of 
the GATT 1994 conveyed upon natural and legal persons  of any WTO Member the right to trade with 
any natural and legal person of any other WTO Me mber.  The practice of limiting importation and 
exportation rights to Yemeni natura l and legal persons explicitly di scriminated against natural and 
legal persons of other WTO Members, limited the competition in trade in goods, and created a 
de facto  quantitative restriction on trade.  The physi cal presence requirement appeared to be an 
onerous condition going beyond wh at was permitted under Article XI of the GATT 1994.  Yemen's 
policy would need to be altered to reflect Articl es III and XI of the GATT 1994.  Some Members also 
noted that the registration fees for importation and exportation did not seem to reflect the costs of 
services rendered.  Although the registration requirements were the same for all types of commercial 
companies, the fees were not identical, being highest  for agencies or branches of a foreign company.  
Yemen was urged to bring its registration fees in to conformity with Articles III and VIII of the 
GATT 1994 and set them to the level reflecting the services rendered regardless of the nationality and 
legal form of the companies concerned.    WT/ACC/SPEC/YEM/5/Rev.5 
 Page 21 
 
 
  65. The representative of Yemen replied that me asures restricting the importation of goods to 
Yemeni nationals or companies established in Ye men were applied across-the-board to encourage 
Yemeni nationals and enterprises to  engage in economic activities.  In his view, physical presence was 
required to ensure the payment of taxes, complia nce with import regulations, consumer protection, 
and the provision of after-sale services in Yeme n.  However, his Government was reviewing its 
trading rights regime and the commitments to be undert aken in this area.  In this regard, Article 28 of 
the Commercial Law had been amended to eliminat e the 49 per cent cap on the foreign share in a 
trading enterprise and thereby allow foreigners to establish a trading company without a Yemeni 
partner.  As for the registration fees, his authorities had revised the fees (Decision No. 57/2009) to ensure conformity with WTO requirements.  He said that the fees did not discriminate based on 
nationality and the higher fees for branches of fore ign companies reflected additional costs incurred 
(e.g. for verifying documents written in foreign languages and for coordinating with the relevant 
agencies before approval to open a branch could be  granted).  The representative of Yemen presented 
an action plan in document WT/ACC/YEM/24 and it s revisions and requested a transition period and 
technical assistance to introduce or amend legisla tion, enhance the capacity of institutions and 
develop mechanisms to implement Yemen's commitments on trading rights.   
66. A Member requested Yemen to update the action pl an to elaborate on (i) the legislation to be 
adopted or amended; (ii) the specific changes envi saged in the new or ame nded laws and regulations 
to bring Yemen's trading rights regime in line w ith WTO requirements; and, (iii) the status and 
timeframe for implementing these changes.  Legisla tion restricting the technical clearance and the 
right to import to Yemeni nationals, prohibiting non-residents from registering as an importer of 
record, the local presence requirement to import or  export, and the Ministerial Decision for the 
commercial registration of businesses were specifica lly identified for redress and inclusion in the 
action plan.  Some Members considered the measures needed to bring Yemen's trading rights regime into conformity with the WTO Agreement to be a fundamental obligation to be undertaken without 
recourse to a three-year implementation period.   
67. In reply, the representative of Yemen presented a revised action plan in Table 5 for the period 
2010 to 2014.  A transition period and technical assi stance were requested to study and develop an 
appropriately designed registration system.  Altern atives were being explored to allow non-resident 
entities to register without local presence.  An Im porters of Record Registration Code and Product 
Liability Code would be introduced.  The system for registering importers of record would be 
developed and legislation would be drafted or amended, as necessary.  He said that the requirements 
of physical store or Yemeni nationality stipulat ed in Article 11 of the Commercial Registrar Law 
No. 33/1991; Article 15 of Decree No. 10/2002 (implementing Law No. 25/1999 "On Organization WT/ACC/SPEC/YEM/5/Rev.5 
Page 22 
 
 
  and Dealing with Plant Pesticides"); and, Article  5 of Decree No. 333/2004 "On the Regulation for 
Manufacturing and Trading in Drugs and Medical Appliances" had been eliminated.  
Similar requirements in Article 1 of Decree No. 314/1996 "On Awarding Commercial Registrar" and 
Article 85 of Decree No. 49/1993 (implementing Law No. 25/1995 "On Journals and Publications") 
would be removed.  He added that the staged im plementation of the action plan would equalize the 
treatment of foreigners and locals with respect to the right to import.  Full rights to trade would be 
granted in a non-discriminatory and non-discretionary  manner, and that any registration requirements 
would be for record-keeping purposes only, and would not constitute a barrier to trade.  
68. The representative of Yemen confirmed that by  31 December 2014, in accordance with the 
Action Plan in Table 5, Yemen would grant any natu ral or legal person of a WTO Member, regardless 
of physical presence or investment in Yemen, the right to be the importer of record of any product 
allowed to be imported into Yemen, including the ri ght to be granted technical clearance as described 
in paragraph 105.  Yemen's laws and regulations relating to all f ees, charges and taxes levied in 
connection with such trade, including fees as describ ed in paragraphs 60 and 106 and in the Action 
Plan in Table 9, would conform fully with its WTO obligations, including Articles VIII:1(a), XI:1, 
and III:2 and 4 of the GATT 1994.  He also confir med that, in accordance w ith Yemen's legislation 
and in conformity with WTO rules, Yemen would grant the right to import and to export in a non-
discriminatory and non-discretionary manner pursuant to the Action Plan set out in Table 5 and no 
later than 31 December 2014.  Any requirements fo r commercial registration or application for trading 
rights would be for customs and fiscal purposes only,  and would not require investment in Yemen.  
He also expressed his understanding that the granting of trading rights would not affect the rights of 
Yemen to adopt regulations consis tent with the WTO Agreement, including those relating to import 
licensing, technical barriers to trade or sanitary and phytosanitary measures.  The Working Party took 
note of these commitments.    
Table 5: Action Plan for Implemen ting the Trading Rights Commitment 
Action to be Taken Time-frame Remarks Details Update 
Search, study and 
examine a system 
of registration of 
importers of records. 2012-2013 Technical assistance is 
required i.e. study 
tours, orientation on 
similar systems, exposure to 
experiences of other 
countries, etc.  Few countries' 
systems have been 
identified and are 
being examined for guidance in 
Yemen's case.  
 A draft system is 
expected to be 
identified by 
mid-2013.  WT/ACC/SPEC/YEM/5/Rev.5 
 Page 23 
 
 
  Action to be Taken Time-frame Remarks Details Update 
Study the impact of 
such a system on various issues such 
as tax collection, 
enforcement of measures related to 
imports, customer 
welfare, market stability, etc. 2012-2013 Funds to finance 
conducting studies, bringing in experts in 
the fields, etc.   
Drafting and 
issuing the 
necessary legislation changes 
to allow for the 
implementing of the new system. By the date of 
accession 
  Currently the 
following legislation 
are identified to be amended:   
 
- Law No. 33 of    
1991 "On 
Commercial 
Registrar";  
 
  
 
Amend Article 11 to 
eliminate the 
requirement of 
stores for the 
applicant for registration.  
 
  
 
Article has been amended. 
- Ministerial Decree 
No. 314 of 1996 
"On Awarding Commercial 
Registrar"; Amend Article 1 
to eliminate the 
requirement to be Yemeni. By the date of 
accession 
- Republican Decree 
No. 49 of 1993 "On the Executive 
Regulation of Law 
No. 25 of 1990 'On Journals and 
Publications'"; Amend 
Article 85 to eliminate the 
requirement to 
be Yemeni. By the date of 
accession 
-  Ministerial Decree 
No. 10 of 2002 "On the Executive 
Regulation of Law 
No. 25 of 1999 'On 
the Organization of 
the Dealing with Plant Pesticides'"; 
and Amend 
Article 15 to eliminate the 
requirement to 
be Yemeni. Done (Republican 
Decree No. 192/2010) 
- Prime Minister's 
Decree No. 333 of 2004 "On the 
Regulation of 
Organizing the Manufacturing and 
Trading of Medical 
Appliances". 
 Amend Article 5 
to eliminate the requirement to 
be Yemeni. Done (Ministerial 
Decree No. 39/2010) 
 
  
 
  WT/ACC/SPEC/YEM/5/Rev.5 
Page 24 
 
 
  Action to be Taken Time-frame Remarks Details Update 
Legislation to be 
introduced:   
- Product liability 
Code. 
 
-  Importers of 
Record  
 Registration Code.   
  
By the date of 
accession  
By the date of 
accession 
Enhancing the capacity of agencies 
in charge of 
implementation of such commitments 
i.e. customs 
authority, standard 
and metrology 
authority, Ministry of Industry and 
Trade, etc. 31 December 2014  Technical assistance is 
required to enhance 
the capacity of 
concerned agencies in all aspects of 
importation 
organization and in 
particular organizing 
the importation of record.   
A. IMPORT REGULATIONS 
- Ordinary customs duties 
69. The representative of Yemen said that Yemen had liberalized trade unilaterally with tariff 
reduction and simplification a key component of  the trade reforms.  All tariffs were ad valorem  with a 
weighted average tariff rate of 10.5 per cent.  Customs duties were calculated on the c.i.f. import 
value.  In July 2005, Yemen had issued Tariff La w No. 41/2005, reducing the numbers of tariff bands 
from four to three (5, 10 and 25 per cent).  The distri bution of tariff items and the share of imports in 
the bands is presented in Table 6.  Yemen app lied seasonal tariffs on certain agricultural products, 
including apples, which were subject to an additional duty of 35 per cent between April and September.  Yemen was applying the 2002 ve rsion of the Harmonized Commodity Description 
and Coding System (HS) pursuant to the Tariff Law No. 41/2005.   
Table 6:  Tariff Rate Distribution 
Tariff Rate 
(per cent) Number of Items (HS) Percentage of Items Share of Import Value 
(2006) 
0 82 1.4 13.2 
5 4,417 73.0 67.6 
10 1,285 21.2 17.3 
25 265 4.4 1.9 
Total 6,049 100 100 
Source:  Customs Authority of Yemen.  WT/ACC/SPEC/YEM/5/Rev.5 
 Page 25 
 
 
  70. The Tariff Council considered proposals to ame nd the tariff rates and made recommendations 
to the Cabinet.  Proposals approved by the Cabinet would be forwarded to the House of 
Representatives for ratification and enacted into law by the President.  Article 24 of the Investment 
Law No. 22/2002 allowed tariffs to be imposed or  increased to protect domestic production.   
71. Some Members stressed that Article 24 of th e Investment Law No. 22/2002 providing for 
tariffs to be imposed or increased on imports competing with domestic production relying on local 
inputs was WTO incompatible, and urged Yemen to am end or abolish this provision of the Law.  
In response, the representative of Yemen said that Ye men had never applied this provision thus far.  
He confirmed that as a WTO Member, any future r esort to this provision would be within Yemen's 
bound rates and its obligations under the relevant WTO rules.  He added that the new Investment Law 
No. 15/2010 contained no such provision and this, in  effect, amounted to the annulment of Article 24 
of Law No. 22/2002.  
- Other duties and charges  
72. The representative of Yemen said that th e governorates collected YRls 10 per package 
arriving by land or sea, and YRls 20 per package at airports, to finance economic and social plans and 
projects.  In addition, consignments entering Yemen by air, land or sea were subject to a charge of 
YRls 1 per package for the benefit of the "Herita ge and Cultural Development Fund".  Yemen also 
levied YRls 1 per pack of imported cigarettes to fund the "Illiteracy Eradication and Adult Learning 
Agency".  Pursuant to Law No. 2/2002, YRls 100 wa s collected for each custom s declaration form as 
a contribution to the "Handicapped Care and Re habilitation Fund".  These charges are listed in 
Table 7.   
73. Asked whether the fees for the "Heritage and Cultural Development Fund" and the "Illiteracy 
Eradication and Adult Learning Agency" were tax es for fiscal purposes rather than fees and charges 
connected with importation, he said that the charg es listed in Table 7 were levied on imports only and 
were distinct from the fees collected on both dome stic and imported products (Table 11).  Collection 
of certain fees through the taxation authority did not , in his view, denote that the fees were taxes for 
fiscal purposes, but reflected an administrative arra ngement to facilitate collection on behalf of the 
beneficiaries. 
74. Members encouraged Yemen to bind its other duties and charges within the meaning 
of Article II:1(b) of the GATT 1994 at zero upon accession.   WT/ACC/SPEC/YEM/5/Rev.5 
Page 26 
 
 
  75. The representative of Yemen confirmed that, from the date of accession and in accordance 
with its Goods Schedule, Yemen would bind othe r duties and charges within the meaning of 
Article II:1(b) of the GATT 1994 at a rate of 0.25 pe r cent.  He further confirmed that no later than 
four years from the date of accession, the bound rate  for these other duties and charges would be zero 
as provided for in its Goods Schedule.  The Wo rking Party took note of these commitments. 
- Tariff rate quotas, tariff exemptions 
76. The representative of Yemen said that the Qura 'an, bank notes, un-circulated coins (except 
gold coins), traveller's cheques, and serial numbe red stocks and bonds were exempt from custom 
duties.  Tariff exemptions were also provided in accordance with the Customs Law No. 14/1990 for 
(i) donations and contributions to the Governme nt, local councils, NGOs and social charity 
associations, subject to specific conditions and pro cedures; (ii) personal effects imported by members 
of diplomatic missions, in accordance with internatio nal agreements; (iii) trade samples; (iv) local and 
foreign investment projects, in accordance with the Investment Law No. 22/2002; (v) fishery and 
agricultural inputs, equipment, machinery, and sp are parts used in agri culture and fisheries; 
(vi) machinery, equipment, tools, materials and pr oducts imported by the Ministry of Agriculture and 
Irrigation for use in governmental infrastructure projects and rural development.  Customs duty 
exemptions could be provided for projects relate d to general agricultural services, subsistence 
farmers, and agricultural cooperatives; and, (vii) products imported under agreements with 
international organizations and bi lateral donors.  The Yemen General Corporation of Oil and Gas was 
also granted full exemption from custom duties and taxes.   
77. A Member sought further detail on the agricultural and fisheries projects exempt from 
customs duties, how exemptions were applied, and whether they were made contingent in any way on 
domestic production or exports.   
78. The representative of Yemen said that tariff exem ptions were provided for machinery, tools, 
materials, and inputs used by associations and coope ratives supervised by the Ministry of Agriculture 
and Irrigation and the Ministry of Fisheries, as well as to investment projects in these areas.  
The exemptions were granted without preconditio n based on domestic production or exportation and 
were, in his view, in conformity with WTO Agreements.   
79. Some Members noted that Yemen did not appl y tariff rate quotas but sought to reserve the 
right to apply them to sensitive products, and request ed more specificity.  A Member urged Yemen to 
reconsider any notion of introducing tariff quotas on acces sion.  In reply, he said that no decision had  WT/ACC/SPEC/YEM/5/Rev.5 
 Page 27 
 
 
  been taken and that Yemen currently had no intenti on to use tariff-rate quotas.  Any future resort to 
such a system would conform to the relevant WTO provisions.   
80. The representative of Yemen confirmed that from the date of accession any tariff rate quotas, 
if introduced in the future, would be applied and administered in conformity with WTO rules and 
regulations, including most-favoured nation and nati onal treatment provisions.  The Working Party 
took note of this commitment. 
- Fees and charges for services rendered 
81. The representative of Yemen provided informati on on currently applied fees and charges for 
services rendered on imports (Table 8), notably for (i) customs declarations; (ii) publication fees for customs declaration forms, overtime forms, a nd forms for the customs processing of vehicles; 
(iii) overtime fees; (iv) warehousing; (v) quarantine services; (vi) veterinary certificates; 
(vii) laboratory examinations; (viii) conformity assess ment certificates; (ix) import permits for various 
goods; and, (x) miscellaneous service charges.   
82. Some Members noted that many of the fees charged by Yemen were either ad valorem  or 
weight- or quantity-based in a manner that did not re flect the cost of services provided.  In particular, 
Yemen was asked to explain how the ad valorem  fees for quarantine services on imported dog and cat 
food, and drugs, vaccines and antiseptics used in an imal feedstock (1 per cent); goods in warehouses 
(3 per cent); and, the import licence fees for explos ives and fireworks, pesticides, drugs and medical 
appliances, were related to the cost of the services provided.  An explanation was also sought for the 
wide differences in fees to issue assessment certificates for "goods subject to accredited standards" 
(YRls 10,000-200,000), and why import licenses for ci nema films and video films and cassettes cost 
twice as much as import licenses for publications, stationery, audio tapes and CDs.  A Member considered high fees for goods in warehouses and the service fees for handling parcels to be non-tariff 
barriers, and requested Yemen to consider consolid ating or eliminating these fees.  Another Member 
noted that Article 25 of the Investment Law No. 22/2002 indicated that higher fees and charges 
applied to imported goods comparable to locally-produced goods, than to other goods.  
This requirement was WTO-incompatible and Yemen was urged to abolish it.   
83. The representative of Yemen stated that the f ees and charges levied were needed by the 
responsible entities to finance their activities and car ry out the duties assigned to them.  The current 
fees for quarantine services covered the costs of processing applications, port inspection and 
examination, and the issue of permits and relevant documents.  The amount of work required to issue 
assessment certificates could vary significantly depending on the nature and size of the imported WT/ACC/SPEC/YEM/5/Rev.5 
Page 28 
 
 
  consignments.  The import permit fees for books a nd printed materials had been reduced to serve 
public policy objectives.  He said that the fees for goods in warehouses covered customs services, 
including sorting, inventory, supe rvision and late payment of due fees; and, the service fees for 
parcels covered the costs of the services provided in  customs yards or warehous es.  On the higher fees 
levied pursuant to the Investment Law, he said th at the new Investment Law No. 15/2010 contained 
no such provision, and that the new legislation, in effect, annulled Article 25 of Law No. 22/2002.  
He added that Yemen was in the process of revising its import permit fees, quarantine service fees and 
other fees and charges to approximate the costs of the services rendered and needed a transition period 
to ensure conformity with WTO requirements.   
84. A Member requested further details on the specific steps Yemen was taking to bring its fee 
structure in line with WTO requirements.  Notin g Yemen's request for a transition period, this 
Member sought information on the obligations of Article VIII of the GATT 1994 that Yemen believed 
it could not implement by the date of accession.  A request for a transition period should be accompanied by an action plan outlining the prec ise steps and time periods needed for staged 
implementation.  Information was sought on the spec ific legislation to be amended and the dates by 
which these amendments would take effect for each  fee.  Yemen was also asked to identify in its 
action plan, the specific fees that it could not bri ng in line with WTO requirements by the date of 
accession.  For those fees where legislation had alread y been amended, or was in the process of being 
amended, Yemen was requested to bring these fees in line with Article VIII by the date of accession.   
85. In reply, the representative of Yemen said that a transition period was requested to review and 
study appropriate alternatives, put forward proposals to replace some of the existing fees, and amend 
procedures or enact legislation, where necessary, to bring Yemen's fees and charges in compliance 
with WTO rules.  The charges on goods subject to  accredited standards (one per thousand of the 
consignment value) had been replaced by specific fees to reflect the costs of services rendered 
(Decree No. 9/2009 "On Regulation of Examination Services and Inspection Fees" and YSMO 
Regulation "On Inspection Charges Levied on Impor ted Goods").  Fees for goods in warehouses 
(3 per cent) would be replaced by specific fees in line with Article VIII of the GATT 1994 by January 2013.  The annual warehous ing fees would be YRls 500 per square metre of storage space or 
YRls 20 per kilogram for special warehousing.  St orage of duty free goods would be at the annual rate 
of YRls 6 million.  The ad valorem  import permit fees for drugs and medical appliances would be 
substituted by cost based specific fees by January 2 013; and, the fees for plant pesticides, explosives 
and fireworks would be replaced by January 20 14.  The quarantine services fees on imports of dog 
and cat food (1 per cent), ornamental fish and bi rds (2 per cent), and drugs, vaccines and antiseptics 
(1 per cent) would be replaced by specific fees reflecting the costs of the services rendered by  WT/ACC/SPEC/YEM/5/Rev.5 
 Page 29 
 
 
  January 2013.  These fees would amount to YRls 7, 000 for each consignment of dog and cat food, and 
ornamental fish and birds; and, YRls 10,000 for drugs, vaccines and antiseptics.  
86. The representative of Yemen confirmed that, c onsistent with the Action Plan set-out in 
Table 9, Yemen would bring its fees and charges in  connection with importation or exportation into 
compliance with Articles VIII and X of the GATT 1994,  with full compliance occurring no later than 
the conclusion of the transition period.  To this end, laws and regulations during the transition period 
would not be implemented in a manner that resulted in  a lesser degree of consistency with Article VIII 
of the GATT 1994 than on the date of accession.  He further confirmed that, during this transitional 
period, Yemen would ensure that its laws and re gulations concerning fees and charges for services 
rendered would be applied in a ma nner consistent with other pr ovisions of the WTO Agreement, 
including on a non-discriminatory basis consistent wi th Articles I and III of the GATT 1994.  He also 
confirmed that any new laws and regulations governing fees in connection with importation or 
exportation established after accession, as well as any revisions made to existing fees after accession, 
would be in conformity with WTO provisions, in cluding Article VIII, and accordingly would not 
introduce or reintroduce any fees or charges for serv ices rendered that were applied to imports or 
exports on an ad valorem  basis.  The Working Party took note of these commitments. 
Table 9:  Action Plan for the Implemen tation of Article VIII.1 of the GATT 1994  
Ad valorem  Fee to be Replaced New Specific Fee Timeframe 
Fee for assessment certificate for goods 
subject to accredited standards Specific fees applied in accordance with 
YSMO Regulation "On Inspection Charges 
Levied on Imported Goods". Done 
Fee for commercial registration of 
importers and exporters Joint-stock company (YRls 50,000); 
Joint liability company (YRls 20,000); 
Limited partnership in shares (YRls 20,000); 
Limited partnership (YRls 15,000); and Branch of a foreign company (YRls 60,000). Done 
Fee for goods in warehouses Annually YRls 500 per square metre or 
YRls 20 per kilogram for special 
warehousing.  YRls 6 million annually for duty free warehousing. January 2013 
Import licence fee for analysing and 
control of imported or locally 
manufactured pharmaceutical and medical appliances with specific fee US$200 for batch whose value equals or 
exceeds US$10,000; an d US$100 for every 
batch less than US$10,000.   US$100 service fee for issuing an import 
licence for medical appliance for every 
invoice bill. January 2013 
Import and export licence fee for plant 
pesticides YRls 20,000 per permit. January 2014 
Fee for quarantine se rvices for drugs, 
vaccines, antiseptics, etc.; ornamental fish and birds; and dog and cat food YRls 10,000 for each consignment of drugs, 
vaccines, antiseptics. YRls 7,000 for each consignment of 
ornamental fish and birds. 
YRls 7,000 for each consignment of dog and cat food. January 2013 WT/ACC/SPEC/YEM/5/Rev.5 
Page 30 
 
 
  Ad valorem  Fee to be Replaced New Specific Fee Timeframe 
Import licence fee for explosives and 
fireworks YRls 100,000 per permit for explosives and 
fireworks. January 2014 
 
87. Members asked about fees imposed by Yemen for notarization or consularization of 
documents.  In response, the representative of Yeme n stated that the only such fees currently imposed 
were for the authentication of certificates of origin  and of invoices by Yemeni Consulates.  This was a 
general requirement imposed pursuant to the Co uncil of Ministers' Decision No. 253/2003 "On 
Consular Fees".  Yemeni consulates were authorized to charge a fee of US$30 or US$50 per document to authenticate invoices and certificates of or igin and for consularization.  Fees collected by 
the Consulates were used as a revenue source by the Consulates.  Members noted that the requirement 
posed difficulties for exporters not operating from areas served by consular offices and duplicated 
similar reviews conducted by Customs officials in Yemen at the time of importation.  They pointed 
out that revenues from the fees were not related to the cost of the service, and requested that Yemen 
eliminate the practice.  In response, the representa tive of Yemen stated that Yemen would seek out all 
available technical assistance to phase-out its requirem ent that certificates of origin and invoices of 
imports into Yemen be endorsed or notari zed by Yemeni consulates abroad.    
88. The representative of Yemen confirmed that the requirement that certificates of origin and 
invoices of imports into Yemen be endorsed or notarized by Yemeni Consulates abroad will be 
terminated no later than 1 January 2017.  The Working Party took note of this commitment.  
 
- Application of internal taxes to imports 
89. The representative of Yemen said that domes tically-produced and imported goods and 
services were subject to the same rate of general sales tax applied pursuant to the Law No. 19/2001 
"On the General Sales Tax", as amended by Law No. 42/2005.  Most goods and services were taxed at 
the general rate of 5 per cent with some excepti ons and deviations (Table  10).  Exported goods and 
services were zero-rated.  Yemen had not estab lished any Value Added Tax (VAT) system.   
90. He also provided a list of fees applicable to both imported and locally-produced goods 
(Table 11).  The Customs Authority collected these fees from imported products; while the beneficiaries directly - or through the Taxation Authority - collected these levies from domestically-produced goods.  In his view, no di scrimination existed between like domestic and 
imported goods for the purpo ses of internal taxation.  WT/ACC/SPEC/YEM/5/Rev.5 
 Page 31 
 
 
  Table 10:  General Sales Tax 
General rate of 5 per cent.  Goods  and Services subject to other rates: 
No. Description Tax (per cent) 
1. Cigarettes of all types 90* 
2. Cigars  90 
3. Qat 20* 
4. Arms and ammunitions 90 
5. Valuable metals of gold and ordinary gold coated metals:   
 (a) half manufactured  2 
 (b) Jewellery, goldsmithery and other manufactured items  3 
6. Mobile telephone services  10 
7. International telephone services  10 
* Denotes tax as a percentage of consumer sale price. 
 
Goods exempt from General Sales Tax pu rsuant to Article 40 of the Law: 
No. Description 
1. Wheat and wheat flour 
2. Rice 
3. Medicines 
4. Ore gold 
5. Personal effects of travellers coming from abroad 
6. Paper money and circulated coins 
 
Services exempted from General Sales Ta x pursuant to Articl e 40 of the Law: 
No. Description 
1. Financial and banking services  
2. Insurance services 
3. Health services 
4. Educational services of all types  
5. All not-for-profit services carried out by NGOs, so cieties and organizations recognized by competent 
authorities. 
6. Internal land transport services, namely:  good transport services (except speed carrier services); 
passenger transport services; and highway maintenance services. 
7. Services of renting, operation or exploitation of land and real estate for private housing purposes. 
8. Water services (except mineral and bottled water), sewage  and electricity. 
9. House and street cleaning service; environment services, viz. combating pollution and collection of 
waste and garbage. 
10. Historical monuments reparation services 
11. Pilgrims' services (pilgrimage and Omra agencies) 
12. One star hotels and below services 
 
91. Asked whether taxes were applied differently  on imported products depending on origin, the 
representative of Yemen said that all products we re treated equally irrespective of origin.  
Goods imported from countries that had bilateral or  regional trade agreements with Yemen were 
subject to the same internal taxes as imports from any other source.   
92. The representative of Yemen confirmed that fro m the date of accession all laws, regulations 
and other measures relating to internal taxes an d charges levied on imports would be in full WT/ACC/SPEC/YEM/5/Rev.5 
Page 32 
 
 
  conformity with its WTO obligations, including Article III of the GATT 1994.  The Working Party 
took note of this commitment. 
- Quantitative import restrictions, including prohibitions, quotas and licensing systems  
93. The representative of Yemen said that imports were prohibited or restricted for 
environmental, health, national security and religi ous reasons, i.e. if considered contrary to 
Shari'a Law.  Products subject to import prohibitions are listed in Table 12.  In his view, these import 
prohibitions were consistent with Articles XX a nd XXI of the GATT 1994.  Yemen also prohibited 
the importation of coffee and mango, and maintained seasonal restrictions on potatoes (other than 
seed potatoes), tomatoes, lettuce and chicory, ora nges, mandarins, lemons, grapes, melons and 
papayas (Table 13).  The seasonal restrictions cons isted of periods when im portation was prohibited, 
and "allowed" periods when the goods were subject  to an additional duty of 35 per cent over and 
above the ordinary tariff of 25 per cent.  In formation on the production seasons, and the domestic 
production and consumption of these goods was provided in document WT/ACC/YEM/32 
(pages 6-7).  He confirmed that the import ban on coffee and mango and the seasonal import restrictions on agricultural products (Table 13) would be removed from the date of accession.  
The Working Party took note of this commitment.   
Table 13:  Seasonal Import Restrictions  
H.S Code Item Prohibition Periods 
0701.90 Potato:  other than seeds January - September 
0702.00 Tomatoes, fresh or chilled January - March, May - November 
07.05 Lettuce, etc. March - November 
07.06 Carrots, turnip, etc. December - August 
0805.10 Oranges October - April 
0805.20 Mandarins, etc. October - April 
0805.50 Lemons, etc. April - September 
08.06 Grapes, fresh or dried May - December 
08.07 Melons (including watermelons) 
and papaws (papayas), fresh January - September  
 
94. Some Members considered the list of import prohi bitions (Table 12) to be unduly lengthy and 
urged Yemen to consider other less restrictive mean s to achieve the desired objectives.  Information 
was sought on comparable restrictions, if any, on the domestic production and consumption of goods 
prohibited to import.  Noting the import prohibitions affecting certain types of motor vehicles and accessories, Yemen was requested to explain the pur pose of these restrictions and provide the legal 
citation banning the domestic sale of these items.  WT/ACC/SPEC/YEM/5/Rev.5 
 Page 33 
 
 
  95. In response, the representative of Yemen said that local production, use or sale of goods 
prohibited to import was not perm itted.  His Government had update d the list of import prohibitions 
and reduced it to the extent possible.  Most of the listed goods in Table 12 were prohibited in 
accordance with international conven tions, i.e. the Vienna Conventi on on the Protection of the Ozone 
Layer and the Montreal Protocol on Substances th at Deplete the Ozone Layer; the Convention on 
International Trade in Endangered Species of Wild  Fauna and Flora; the Stockholm Convention on 
Persistent Organic Pollutants; the Rotterdam Conven tion on the Prior Informed Consent Procedure on 
Certain Hazardous Chemicals and Pesticides in Inte rnational Trade; and, the Basel Convention on the 
Control of Transboundary Movements of Hazardous Wastes and their Disposal.  Cars with tinted 
glass were prohibited to import for safety and security reasons, and the other prohibitions affecting motor vehicles and accessories were road safety a nd public security measures applied pursuant to 
Law No. 41/2005 on "Customs Tariff".  The domestic  sale of vehicles that had already entered the 
Yemeni market prior to the import ban was allowed.   
96. Some Members considered the practice of banni ng importation but not domestic sale of used, 
refurbished or re-manufactured machinery with  components older than fifteen years to be 
discriminatory, in breach of Articles III and XI and not justifiable under Article XX of the 
GATT 1994.  Yemen was urged to examine alternativ es and consider import licensing to regulate the 
importation of older machinery with the issue of licenses contingent upon non-discriminatory criteria, 
enforced equally on sales of similar older machiner y within Yemen, e.g. at the point of sale or 
registration.  In reply, the representative of Yeme n said that an amendment to Articles 5 and 6 of 
Law No. 41/2005 on "Customs Tariff" was enacted in  June 2012, which had repealed the import ban 
on used cars, machinery and equipment.  A decree setting-out the technical and environmental criteria 
to be met for the importation of machinery older than  15 years was in preparation.  He stated that it 
would be difficult to apply these criteria to machin es already in the country, but Yemen was open to 
using systems used by other WTO Members to regulate the domestic sale of old machinery.  He 
added that the prohibition on import of special typ es of cameras and lenses would also be reviewed 
and could be made subject to licensing requirements.  
97. The representative of Yemen said that import licensing had been abolished through 
Law No. 16/1996 "On Foreign Trade".  However, he  acknowledged that several Government agencies 
issued permits and approvals or performed techni cal clearance in a manner resembling an automatic 
licensing procedure.  Technical clearance required an application in special form(s) or format, clearance was granted within three to seven working days, applications could not be refused for minor 
documentation or procedural errors, and clearance coul d be obtained for a product even if it arrived in 
separate consignments.  Existing legislation did not  extend an opportunity for other countries to WT/ACC/SPEC/YEM/5/Rev.5 
Page 34 
 
 
  comment on new procedures, but Yemen would c onsider the introduction of such provisions.  
Information on goods subject to technical  clearance is provided in Table 14.  
Table 14:  Imports Subject to Technical Clearance 
Item Responsible Agency 
Plants  and plant products, seeds, seedlings, 
fertilizers, pesticides, live animals and animal 
products, veterinary inputs. Ministry of Agriculture and Irrigation 
Explosives and fireworks. Ministry of Interior 
Artistic and literary works. Ministry of Culture  
Magazines and newspapers. Ministry of Information 
Medicines, medical appliances, narcotic drugs, 
psychotropic substances, precursors and chemicals. Supreme Authority for Drugs and Medical 
Equipment (SADME) 
 
98. Notwithstanding the assertion that Law No. 16/1 996 had abolished import licensing, some 
Members noted that the permits, approvals or techni cal clearances (Table 14) appeared to resemble 
administrative procedures requiring the submission of  an application or other documentation to the 
relevant administrative body as a prior condition for importation.  They considered these (non-automatic licensing) requirements to fall square ly within the purview of the WTO Agreement on 
Import Licensing Procedures to be maintained only if  justified.  A Member requested an exhaustive 
explanation of the legal basis and criteria, incl uding lists of all documen ts to be submitted and 
qualification requirements for the applicant/importe r, for the technical clearance of seeds and 
fertilizer, plants, explosives and fi reworks, books, newspa pers, audio-visual and artistic works, and 
drugs and medical equipment.  Yemen was also as ked to explain if it was introducing any provisions 
to reform its present regulations and to deta il how any new provisions would conform to the 
obligations of the WTO Agreement on Import Licensing Procedures.   
99. In response, the representative of Yemen stated that the procedures for issuing import permits 
were, in his view, consistent with the WTO Agre ement on Import Licensing Procedures.  He provided 
information on import licensing procedures in document WT/ACC/YEM/20 and its Addendum 1.  
According to this information, the import permits fo r plants and plant products, including seeds, fruits 
and vegetables were administered pursuant to Law No. 32/1999 "On Plant Quarantine" and implementing Regulation No. 54/2001.  The permits were granted by the Ministry of Agriculture and Irrigation (i.e. the General Department for Plant Pr otection).  Permits for accredited plant and seed 
varieties were granted, upon submission of an a pplication and a supporting document (specifying the 
type, variety and quantity of plants or seeds), and with the approval of the General Department for 
Control of Quality of Agricultural Inputs (formerly  the General Department for Plant Production).  
The importation of plant products, including fru its and vegetables subject to seasonal import 
restrictions (Table 13), required the approval of the General Department for Agricultural Marketing  WT/ACC/SPEC/YEM/5/Rev.5 
 Page 35 
 
 
  and Trade and the General Department for Control of  Quality of Agricultural Inputs.  Applications, 
with supporting documents (commercia l registration, tax card, and "offer" specifying type, variety and 
quantity), were accepted during periods when the im portation of these seasonally restricted products 
were allowed.  Once approved, the General Depart ment for Plant Protection issued the import permit 
for plants and plant products, seeds, fruits and ve getables detailing the technical specifications to be 
met.  Import consignments had to be accomp anied with documents indicating the terms and 
specifications (based on international standards and consistent with the terms stipulated in the 
technical permit), a plant health or seed inspection analysis certificate, certif icate of origin, invoices 
and any other relevant documents issued by specializ ed international agencies.  Permits for plants and 
plant products, including seeds, fruits and vegeta bles were valid for three months and could be 
extended for an additional three months.   
100. Permits for imported animals, birds, poultry,  animal products and animal health and 
production appliances were administered pursuan t to Law No. 17/2004 "On the Organization and 
Protection of Livestock" and the implementing Decr ee No. 1/2006.  The permits served to safeguard 
animal wealth and protect animals and humans from animal-borne diseases and epidemics.  The permits were granted by the Ministry of Ag riculture and Irrigation (General Department for 
Animal Health and Veterinary Quarantine) upon submission of an application together with a 
pro-forma invoice.  Import consignments needed to be accompanied by a veterinary certificate, a certificate of origin and a quality conformity certificate from the country of origin.  Import permits were valid for 21 days from the date of issue and could be extended, if the need arose, for an 
additional period of 21 days.  Permits could be used  for a single shipment only.  Asked to explain the 
short validity period of import permits for animals, birds, poultry, animal products, animal health or 
production appliances, he said the existing arrangeme nts were deemed appropriate as no complaints 
had been registered.   
101. Import permits for registered fertilizers were granted by the Ministry of Agriculture and 
Irrigation (General Department for Control of Quality of Agricultural Inputs) pursuant to 
Law No. 20/1998 "On Seeds and Plant Fertilizers" u pon submission of a written request together with 
an inspection analysis certificate, certificate of or igin and invoices.  The Ministry of Agriculture and 
Irrigation (General Department for Plant Protection)  undertook the technical clearance of registered 
pesticides pursuant to Law No. 25/1999 "On Organi zing the Circulation of Plant Pesticides" and 
Decree No. 10/2002.  A list of registered fer tilizers and pesticides that could be imported was 
maintained by the General Departme nts for Control of Quality of Agricultural Inputs and for Plant 
Protection, respectively.  This list would be made  available and updated regularly on the website and 
monthly magazine of the Ministry of Agriculture an d Irrigation.  Procedures to register fertilizers and WT/ACC/SPEC/YEM/5/Rev.5 
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  pesticides were detailed in WT/ACC/YEM/26 (pages 12-13).  The volume of imported pesticides was 
fixed annually to avoid the build-up of  stocks and any risk to plant, animal or human health and to the 
environment caused by waste and the expiry of p esticides.  Yemen was asked to explain how the 
annual amount allowed for import wa s fixed and to elaborate on any comparable measures in place 
with respect to domestic products.  A Member considered the annual ceiling on the amount allowed to 
import a quota and urged Yemen to rem ove this restriction.  In reply, the representative of Yemen said 
that the General Department for Plant Protection set  the annual amount of impor ted pesticides allowed 
based on the average imported over the last five years, the quantity needed to implement national 
epidemic and pest control campaigns, and the in ventory of imported pesticides remaining in the 
country.  There was no domestic production of pestic ides in Yemen.  Interested parties could obtain 
information on the quantity of pesticides permitted  for importation within a week.  The General 
Department for Plant Protection would, upon requ est from importers, also provide quarterly updates 
of the amount already imported.  Permits for fert ilizers were valid for three months and could be 
extended an additional three months, while the perm its for pesticides were non-renewable and issued 
for six months.  Asked to explain the limited validity  period of permits for pesticides and fertilizers, 
he said that this was to better administer and u tilize the permits issued and to maintain the smooth 
flow of trade.  He stated that eligibility to a pply for import permits for pesticides and fertilizers was 
contingent upon possessing, among other things, a "p rofessional practice permit" available only to 
Yemeni nationals.  Asked to revise the nationalit y requirement for holding a "professional practice 
permit" and to consider allowing Yemeni-based pers ons acquiring the imported fertilizer or pesticide 
to possess such a permit after importation by a non-Yemeni national, he said that his Government 
would study the proposal.  He added that all persons  resident in Yemen - irrespective of nationality - 
would be required to meet the technical requireme nts to obtain the "professional practice permit".   
102. Clearance to import explosives for developmen t projects and fireworks was granted through 
the Ministry of Interior to resident natural persons or legal entities pursuant to Law No. 40/1992 
"On Regulation of Carrying and Tr ading of Arms and Ammunitions" and its Regulation No. 1/1994.  
The import permit served to prevent accidents a nd safeguard public safety and security.  Foreign 
entities legally established or operating in Yeme n could obtain an import permit for explosives 
through a Decree from the Minister of Interior.  Applications were received only from persons with 
proven experience, physical and mental fitness to de al with explosives, against payment of a permit 
fee, as well as a medical certificate issued by a Government hospital and a deposit in a Yemeni bank 
as surety or guarantee to ensure the usage of the e xplosives and fireworks as prescribed in the permit.  
Applications could be refused to those having ha ndled explosives previously without a permit.  
Permits were valid for one year, and renewable.  However, Article 40 of Law No. 40/1992 permitted 
the licensing authority to cancel, amend or suspend gr anted permits without notice or justification.    WT/ACC/SPEC/YEM/5/Rev.5 
 Page 37 
 
 
  103. Import permits for medicines and medical equi pment were regulated by Republican Decree 
No. 231/1999 "On Reorganizing the Supreme Board for Drugs and Medical Appliances" and the 
Decree No. 333/2004 "On the Regulation for Manu facturing and Trading in Drugs and Medical 
Appliances and the Like".  Law No. 3/1993 "On Comb ating Illicit Trade and Use of Narcotic Drugs 
and Psychotropic Substances" and in ternational conventions (i.e. th e Single Convention on Narcotic 
Drugs; the Convention on Psychotropic Substances; a nd, the UN Convention against Illicit Traffic in 
Narcotic Drugs and Psychotropic Substances) provide d the legal basis for import permits on narcotic 
drugs, psychotropic substances and precursors and chemicals.  For the importation of drugs and 
medical equipment, the importer needed to (i) be registered with the Supreme Board for Drugs and 
Medical Appliances, which issued the import permit; ( ii) be an agent for a drug or medical equipment 
company; (iii) be a full time pharmacist or hire  a full time pharmacist as a technical supervisor; 
(iv) register with the commercial registrar; and, (v) maintain a store in good condition for the storage 
of the drugs and medical equipment.  Only Gove rnment health agencies and Yemeni private entities 
registered with the Board were granted techni cal clearance to import pharmaceuticals and medical 
equipment.  He provided details  concerning the registration process in document WT/ACC/YEM/10 
(page 26).  Yemen was invited to consider less trade-r estrictive mechanisms to protect the health of its 
population from improper pharmaceuticals products, fo r example, by conditioning importation on the 
requirement that the Yemeni-based person acquiri ng the imported pharmaceuticals after importation 
by a non-Yemeni national possess the characteristics (i ) through (v) above.  In response, he said that 
his Government would study the proposal. 
104. Applications for a permit to import artistic a nd literary works or magazines and newspapers 
were submitted to the Ministry of Culture and the Ministry of Information, respectively.  
In accordance with the Press and Publications  Law No. 25/1990, Republican Decree No. 49/1993 
(magazines and newspapers) and Republican D ecree No. 6/1994 (literary and artistic works), 
applications were only accepted from Yemeni nati onals, and required a copy of the commercial 
registration, personal ID and address, and a document (i.e. a contract or statement from the publisher) 
indicating the approval of the publication or distri bution company.  Foreign individuals residing in 
Yemen could import publications and artistic wo rks for personal use, but not for commercial 
purposes.  Foreign companies legally established or operating in Yemen, and licensed for importation, 
could import these items as inputs in their productio n processes or for commercial sale after obtaining 
technical clearance.  The purpose of the permit was to collect statistical info rmation, prevent forgery 
or unauthorized use or distribution of creative work s, and to ensure that only permitted magazines and 
newspapers were imported by approved agents.  Products violating Islami c values, public order, 
security and public morals were denied clearance.  Permits were valid for one year from the date of 
issue and could be renewed with an applica tion attached to the original permit.   WT/ACC/SPEC/YEM/5/Rev.5 
Page 38 
 
 
  105. Some Members noted that only Yemeni nationals  could be granted the technical clearance 
needed to import medicines, medical equipmen t, fertilizers, pesticides, books, newspapers, 
audio-visual and other artistic or literary works.  They considered this restriction discriminatory and 
not in conformity with Articles III and XI of  the GATT 1994.  Yemen was urged to amend its 
legislation and equalize the treatment of fore ign and Yemeni nationals in accordance with 
WTO requirements.  In reply, the representative of  Yemen referred to the general requirement to 
reserve importation for Yemeni nationals or en terprises established in Yemen, and requested a 
transition period to bring the regime in confor mity with WTO requirements (see Section on 
"Trading Rights").  He added that the treatment of  foreign and Yemeni nati onals would be equalized 
as per the timetable set-out in Table 5.   
106. The representative of Yemen included information on import permit fees in Table 8.  
He added that Yemen was revising these fees to ensure conformity with WTO requirements, in 
particular Article VIII of the GATT 1994, according to the Action Plan set-out in Table 9.   
107. The representative of Yemen confirmed that, from the date of accession, Yemen would 
eliminate and would not introduce, re-introduce or ap ply quantitative restrictions on imports or other 
non-tariff measures such as licensing, quotas, bans , permits, prior authorization requirements, 
licensing requirements, and other restrictions having  equivalent effect, that cannot be justified under 
the provisions of the WTO Agreement.  He also confirmed that, if balance-of-payments measures 
were necessary, Yemen would impose them in a manne r consistent with the relevant WTO provisions, 
including Articles XII and XVIII of the GATT 1994 and the Understanding on Balance-of-Payments 
Provisions of the GATT 1994.  He further confir med that from the date of accession, Yemen would 
use its legal authority to suspend imports and export s, or to apply licensing requirements that could 
otherwise restrict the quantity of trade, only in conformity with the requirements of the WTO Agreement.  The Working Party took note of these commitments.  
- Customs valuation 
108. The representative of Yemen said that Yemen's valuation system was based on the Brussels 
Definition of Value in accordance with the Cu stoms Law No. 14/1990 a nd its amendments.  
The existing system allowed impor ters, upon request, to obtain a deta iled written explanation on how 
the valuation of goods had been undertaken.  The Cu stoms Law also provided im porters with the right 
to appeal valuation decisions.  Disputes could be r esolved by a panel of two experts - one representing 
the Customs Authority, the other the importer - if so  agreed by the parties.  However, if the two 
experts were unable to settle the issue, the dis pute would be referred to a three-member committee 
consisting of a permanent commiss ioner appointed by the Minister of Finance, one member  WT/ACC/SPEC/YEM/5/Rev.5 
 Page 39 
 
 
  representing the Customs Authority, and one member  appointed by the Chamber of Commerce and 
Industry.  The three-member committee 's decision was final and binding.   
109. Yemen was considering amendments to its custom s legislation to ensure conformity with the 
WTO Agreement on the Implementation of Article  VII of the GATT 1994 (Customs Valuation 
Agreement).  Having examined an Explanatory Memorandum of the draft Customs Law and draft 
amendments to the Customs Law No. 14/1990, a Member pointed out that Yemen's proposed dispute resolution mechanism for customs determinations  foresaw referral to a three-member committee 
comprising of Government-appointed and private members, and that the inclusion of 
non-governmental representatives in such a committ ee would violate the WTO requirement to protect 
confidential information (Article 10 of the Cust oms Valuation Agreement).  Yemen was reminded 
that Article 11.2 of the Agreement provided importe rs the right to appeal determinations to an 
independent judicial authority.  It appeared that di rect recourse to the judiciary was not provided for 
and committee determinations could be appealed only when a decision was issued by a majority of its 
members.  Yemen was urged to explain the cons istency of the proposed amendments with the 
requirements of the Customs Valuation Agreemen t and to limit representation in the committee to 
Government officials.  A Member was also conc erned that the timelines laid down in the draft 
legislation would not provide sufficient time for im porters to prepare appeals.  In reply, the 
representative of Yemen said that the amendments to the Customs Law tabled in the House of 
Representatives would establish a committee consisting of  three members, one sel ected by the trader 
(importer), one by the Customs Authority, and the thir d, with a casting vote, chosen by both parties to 
the dispute.  The importer had the right to seek reme dy with the judiciary in case of disagreement or at 
any stage of the appeal.  He added that the time available for the preparation of appeals would be 
increased to 60 days in the new am endments to the Customs Law.  
110. Concerning the basis for calculating customs value, a Member noted that the proposed 
Article 36 bis to substitute Article 36 of Yemen's Custom s Law was, as currently drafted, too vague 
and left unlimited discretion to the Prime Minist er in determining valuation.  The valuation 
methodologies were not spelt out and it was not clear how the proposed amendments would be 
consistent with the Customs Valuation Agreemen t or how it would incorporate the Interpretative 
Notes in line with Article 14 of the Agreement.  Yemen was asked to outline how and when customs 
legislation and implementing regul ations would be enacted to conform to the Customs Valuation 
Agreement, and was requested to submit any new or  additional legislation to the Working Party for 
review.  The representative of Yemen replied that th e draft amendments to the Customs Law had been 
reviewed for consistency with the provisions of  the Customs Valuation Agreement and had been WT/ACC/SPEC/YEM/5/Rev.5 
Page 40 
 
 
  adopted by the House of Representatives in 2010.  Following adoption of these amendments, an 
implementing Decision on Customs Valuation w ould be issued by the Prime Minister.  
111. Having reviewed a draft of the implementing decree, a Member requested Yemen to update 
and make specific amendments to the draft to more accurately reflect the Customs Valuation 
Agreement.  Missing elements were identified, incl uding the need for provisions covering Articles 13 
through 15 of the Agreement.  Yemen's legislati on would also need to provide importers with the 
right to appeal to a judicial authority, receive written notice of any decision on appeal (and the reasons 
therefore), and be informed of any further appeal rights.  Yemen was asked to  take steps to reflect 
these elements and ensure full comp liance with the provisions of the Customs Valuation Agreement.  
In response, the representative of Yemen presented an updated draft to cover the specific comments 
from Members.  He added that Interpretative Note s and definitions, as provided for in Articles 14 
and 15 of the Agreement, would be incorporat ed in the draft Prime Minister's Decision. 
112. The representative of Yemen presented an initia l action plan in document WT/ACC/YEM/19 
and its subsequent Revisi ons detailing the technical assistance and transitional period requested to 
fully comply with the Customs Valuation Agreement.  Assistance was needed to train officials, install 
equipment, finalize executive decisions and impl ementing regulations, and restructure the Customs 
Authority.   
113. While supportive of Yemen's eligibility to seek a transition period for the implementation of 
the Customs Valuation Agreement, some Member s were disappointed with the long time-frame 
foreseen by Yemen, particularly given the am ount of work accomplished and the substantial 
assistance being made available to Yemen to strengthen its customs valuation framework.  A Member 
noted that other acceding LDCs had been able to implement parts of the Customs Valuation Agreement sooner than others and within the specifi ed  transition period, but Yemen appeared to be 
requesting not to implement any part of the Agre ement until the end of the transition period.  
This Member considered the five year trans ition period requested by Yemen to implement the 
Customs Valuation Agreement to be excessive, and recommended that Yemen implement the 
Agreement no later than 31 December 2013.  Yemen w as also requested to specify in its action plan 
those areas that it could implement prior to the en d of the transition period and to provide dates 
certain for the actions to be taken.  Members en couraged Yemen to seek out all technical assistance 
needed and take full advantage of the resources put  at Yemen's disposal to implement its accession 
commitments.   
114. Concerns were also expressed on the need to develop a value database during the requested 
transition period as it could divert scarce resources.   A Member reminded Yemen that value databases  WT/ACC/SPEC/YEM/5/Rev.5 
 Page 41 
 
 
  were to be used exclusively as a risk assessment tool and not as a substitute value for imported goods 
or as a mechanism to establish minimum values.  Ye men was asked to clarify what role, if any, the 
database would play in determination of custom s value when the declared invoice value was not 
accepted.  In reply, the representative of Yemen sa id that the value database would be used in 
accordance with the provisions of the Customs Valuation Agreement and would serve only as a 
reference for guidance among other tools to establis h import values.  It would not be developed 
explicitly as a list to define prices for valuation purposes.   
115. The representative of Yemen reaffirmed his Government's commitment to implement the 
Customs Valuation Agreement with a transition period and the provision of technical assistance.  Noting Yemen's request for technical assistance, so me Members stressed that Yemen should not make 
implementation of the Customs Valuation Agreement contingent on the provision of future technical 
assistance.  The representative of Yemen presented an action plan setting out details of the steps that 
still remained to be taken to achieve full implem entation of the WTO Customs Valuation Agreement 
and a timetable for each step (Table 15).  The representative of Yemen confirmed that during the transition period outlined in Yemen's action plan, Yemen would ensure that its regulations under 
current legislation in place and additional regulati ons implemented during the transition concerning 
customs valuation would be applied on a non-discrimin atory basis to all imports.  He explained that 
provisions in the Customs Valuation Agreement re lating to currency conversion, the treatment of 
confidential information, transparency, and the abilit y for importers to withdraw their goods when the 
final determination of the customs value was delaye d if the importer provided a sufficient guarantee 
were currently implemented under Yemen's Customs Law, as amended.  Any changes made in its 
laws, regulations and practice during the transiti on period would not result in a lesser degree of 
consistency with the provisions of the Customs Va luation Agreement than existed on the date of 
accession.  Yemen would endeavour to particip ate in the work of the Committee on Customs 
Valuation.  He added that Yemen would seek out al l available technical assistance to ensure that its 
capacity to fully implement the Agreement upon e xpiration of the transition period was assured.  
Amendments to the Customs Law had been adop ted in 2010 and the implementing regulation 
(Decision of the Prime Minister) would be enacted by the date of accession.  In line with the Decision of the Prime Minister on Customs Valuation which fully incorporates the oblig ations of the Customs 
Valuation Agreement and Annex I of the Agreemen t which contains the Interpretive Notes to the 
Agreement, no later than by 
the date of accession , Yemen would progressively implement the Customs 
Valuation Agreement in accordan ce with the Action Plan in Table 15 and that full implementation 
would accordingly be effective on 31 December 2016.  The Working Party took note of these 
commitments.  WT/ACC/SPEC/YEM/5/Rev.5 
Page 42 
 
 
  Table 15:  Action Plan for the Implementa tion of the Agreement on Customs Valuation 
Objective/Measures/Steps Time-frame 
Develop amendments/provisions for the Customs Law 
No. 14/1990 in conformity with Customs Valuation Agreement (CVA) 
 
- Preparation and review of draft Customs Law 
- Adoption by the House of Representatives 
 - Preparation of draft Pr ime Minister's Decision 
with regard to value for customs purposes 
- Enactment of Prime Minister's Decision   
  
 
Done 
Done 
 Done 
 
By the date of accession 
Training on WTO CVA for customs officers  1st to 4th Quarter 2013 
Transition from Brussels Definition of Value Adaptation of WTO customs valuation system 
 
Training/Seminars/workshops on WTO CVA for officials, brokers, freight forwarders, customs clearing 
agents, importers and businesses  
 
 
2012 - 2014 
Articles 1 - 17 of the WTO CVA   Develop implementing regulations once amendments 
to Customs Law have been issued 
 Technical training on valuation.  Training of Trainers 
course for selected customs officers  
 2012 - 2015 
 
 2012 - 2015 
Develop an information tec hnology system, including: 
 
- Database for use in risk evaluation 
 - Reference database on the value of identical or 
similar goods  
 
2013 
 2012 - 2015  
Training on risk evaluation  Training on post-declaration/post-dispatch audits 2012 - 2015 
Compliance of importers with customs rules  
 Activation of Distinctive Partners System 2012 - 2013 
Full implementation of the WTO Customs Valuation 
Agreement 31 December 2016 
- Rules of origin 
116. The representative of Yemen said that, in accord ance with the Customs Law No. 14/1990, the 
"origin" of goods was the country of production, and the "source" of goods was the country from 
which the goods had been imported directly.  Goods  imported from a country other than the country 
of origin were subject to the tari ffs applicable to the country of origin or the country of source, 
whichever was higher.  He added that the applicab le tariff rates did not influence or determine the 
origin of goods.  The practice of applying tariffs based on the country of origin or the country of 
source had been discontinued with amendments  to Article 34 of the Customs Law.    WT/ACC/SPEC/YEM/5/Rev.5 
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  117. As per the Customs Law, the substantial tr ansformation criterion (i.e. change of tariff 
heading) applied to manufactured goods.  The origin  of goods manufactured in more than one country 
was determined on the basis of the value added.  In  this context, the Minister of Finance Resolution 
No. 356/1990 established the country of manufacture as the country of origin when the degree of 
manufacturing or the value of labour and material inputs amounted to not less than 40 per cent of the total cost of production.   
118. A certificate of origin and a commercial invoi ce endorsed by the competent bodies authorized 
to issue the certificate was required for all products imported into Yemen.  However, as established in 
paragraph 88, the representative of Yemen confirmed that the current requirement for notarization or 
consularization of certificate of origin and invoices by Yemeni consulates abroad for all imports into 
Yemen would be terminated no later than 1 January  2017.  The certificate of origin, specifying the 
place of origin of goods, was required for all pr eferential and non-preferential imports for trade 
statistics purposes and as a means to verify the origin  of the goods.  However, this requirement was 
waived for (i) personal postal packages; (ii) a dvertising materials and samples of goods of no 
commercial value; (iii) personal luggage and other belongings brought by tourists or travellers for 
personal use and within permitted limits; (iv) personal luggage, furniture and home appliances 
imported by Yemeni expatriates, within permitt ed limits; (v) books, ne wspapers, magazines, 
periodicals and catalogues; (vi) waste from anchor ed, sunk, or wrecked ships present in Yemeni 
territorial waters; (vii) grants, donations, presents  and assistance received by Yemen; (viii) goods 
imported by Embassies, High Commissions and Foreign Consulates for official use, and on a 
reciprocal agreement basis; and, (ix) goods importe d by members of the diplomatic corps, or by 
foreigners working in Yemen for personal use and within permitted limits, on a reciprocal agreement 
basis.  He added that the authority of the Mini ster of Finance to exempt certain items from the 
certificate of origin requirements was not discretionary.   
119. Yemen had no detailed rules of origin for non-pr eferential trade.  Provisions on preferential 
rules of origin were contained in Yemen's preferen tial agreements with the Kingdom of Saudi Arabia 
and Iraq.  Preferential treatment required a minimu m of 40 per cent of local value-added in the goods 
imported under these agreements.   
120. Asked to elaborate on Article 35(b) of Yemen's Customs Law regarding the clarifications 
issued by the League of Arab States, the repres entative of Yemen said that as Arabic was not an 
official language of the World Customs Organization (WCO), clarifications issued by the League of 
Arab States were unofficial translations of documents  circulated by the WCO with respect to customs 
classification and the Harmonized System.  Such tr anslations were publicly available.  On the WT/ACC/SPEC/YEM/5/Rev.5 
Page 44 
 
 
  treatment of the European Union (EU) as one entity for origin purposes, he st ated that the EU could 
be considered as a single entity unless an individual me mber state had been identified for the origin of 
the goods.   
121. A Member invited Yemen to identify provisions in its legislation providing interested parties 
a determination of a good's origin prior to impor tation as required by Article 2(h) and Annex II, 
paragraph 3(d) of the WTO Agreement on Rules of Origin.  Yemen was also asked to clarify 
provisions in the Customs Law concerning the right to  appeal adverse decisions regarding the origin 
of an imported good.  A Member also requested an explanation for a provision in the draft 
amendments to the Customs Law (Article 28) rega rding the tariff treatment of imported goods.   
122. The representative of Yemen stressed his Gove rnment's commitment to comply with the 
WTO Agreement on Rules of Origin from the date of accession.  On the right of appeal, he pointed to 
the proposed amendments to the Customs Law allowing disagreements to be referred to a 
three-member committee or to the judiciary.  He said that new rules would be enacted implementing 
the requirements of Article 2(h) and Annex II, pa ragraph 3(d) of the Agreement by the date of 
accession.  The Customs Authority would provide, upon request of an exporter, importer or any 
person with a justifiable cause, an assessment of th e origin of the import.  The Working Party took 
note of these commitments.  
- Other customs formalities 
123. The representative of Yemen said that his Government, in co-operation with the IMF, had 
facilitated and simplified customs clearance procedur es for imports.  An electronic automated system 
(ASYCUDA) had been set up at the Customs Authority  Headquarters, Sana'a International Airport, 
Al-Hudaidah Seaport and Haradh Landport.  As a re sult, time taken for customs clearance had been 
reduced considerably.   
124. Customs declarations were accompanied by a cer tificate of origin and a commercial invoice, 
specifying the place of origin of the goods, and endorsed by the Chamber of Commerce or any other 
body accepted by the Customs Authority .  This endorsement verified th e origin of the imported good.  
A Yemeni or Arab Consulate Mission, present in the country or city from which the goods were exported, could endorse such invoices. 
125. The representative of Yemen confirmed that by  1 January 2017, Yeme n would not require 
certification or notarization of certificate of origins and invoices by Yemeni consulates in the country  WT/ACC/SPEC/YEM/5/Rev.5 
 Page 45 
 
 
  of export to be provided to Yemeni customs offi cials at the time of importation into Yemen.  
The Working Party took note of this commitment. 
126. He added that imported goods were released  upon examination of accompanying documents 
and payment of the applicable duties.  In case the documents were delayed, an importer could secure 
release of the goods against payment of the duties pr oposed by the Customs Au thority.  The decision 
would subsequently be verified upon arrival of the documents.  
- Preshipment inspection 
127. The representative of Yemen said that Yemeni importers could resort to preshipment 
inspection, but on a private basis and at their ow n initiative.  Concerning inspections by BIVAC and 
Cotecna on behalf of YSMO (see Section on "Technical barriers to trade, standards and certification"), he clarified that, for those products contained in Table 18, inspections must be 
conducted by a conformity assessment body (BIVAC a nd Cotecna) prior to being exported to Yemen.  
In the case of food products, however, inspections  could take place prior to exportation or upon 
arrival in Yemen.  The representative of Yemen furt her confirmed that such inspections conducted by 
BIVAC and Cotecna, would fall under the pur view of the WTO Agreement on Preshipment 
Inspection.   
128. The representative of Yemen confirmed that Yemen's preshipment inspection requirements 
were temporary and in conformity with the requi rements of the Agreement on Preshipment Inspection 
and other relevant WTO agreements.  Yemen took full responsibility to ensure that preshipment 
enterprises operating on its behalf comply with the WTO Agreement, including the Agreements on 
Technical Barriers to Trade, Sanitary and Phyto sanitary Measures, Import Licensing Procedures, the 
Implementation of Article VII of the GATT 1994, Rul es of Origin, the Implementation of Article VI 
(Anti-dumping) of the GATT 1994, Subsidies a nd Countervailing Measures, Safeguards, and 
Agriculture.  He further confirmed that charges an d fees were consistent with Article VIII of the 
GATT 1994 and that Yemen would ensure that the du e process and transparency requirements of the 
WTO Agreement, including Article X of the GATT 199 4, were applied.  He also confirmed that 
decisions by such firms could be appealed by im porters in the same way as administrative decisions 
taken by the Government of Yemen.  The Wo rking Party took note of these commitments.   
- Anti-dumping, countervailing duties, safeguard regimes 
129. The representative of Yemen said that his Government had not resorted to anti-dumping, 
countervailing, or safeguard meas ures on imports due to lack of infrastructure and necessary WT/ACC/SPEC/YEM/5/Rev.5 
Page 46 
 
 
  mechanisms, including WTO-consistent trade remedy legislation.  Although Articles 12 and 13 of the 
Customs Law No. 14/1990 provided for the introducti on of "compensating duties" on subsidized or 
dumped imports, and authorized his Government to adopt "appropriate measures" against "harmful 
measures" inimical to the interests of the Yeme ni economy, these provisions had never been used.  
He added that Yemen had introduced a Law "On Pr otection of Local Production against Unfair Trade 
Practices" in November 2010.  On establishing admini strative institutions with appropriately trained 
staff, he said that a General Department for the Protection of Local Production against Unfair 
Practices had been set up in the Ministry of Industry and Trade.   
130. The representative of Yemen confirmed that, from the date of accession, Yemen would not 
apply any anti-dumping, counterva iling or safeguard measure until it had notified and enacted 
appropriate laws and im plementing regulations in conform ity with the provisions of the 
WTO Agreements on the Implementation of Article  VI, on Subsidies and Countervailing Measures, 
and on Safeguards.  He further confirmed that Yeme n would ensure the full conformity of such laws 
and regulations with the WTO Agreement, incl uding Articles VI and XIX of the GATT 1994 and the 
Agreements on the Implementation of Article VI, Subsidies and Countervailing Measures, and 
Safeguards.  He also confirmed that, after such  laws and implementing re gulations were enacted, 
Yemen would apply any anti-dumping duties, counter vailing duties and safeguard measures only in 
full conformity with WTO provisions.  The Working Party took note of these commitments. 
B. EXPORT REGULATIONS 
- Customs tariffs, fees and charges for services rendered, application of internal taxes to 
exports 
131. The representative of Yemen said that Yemen did not levy export duties or taxes.  However, 
as indicated in the list of duties, charges or f ees, circulated in document WT/ACC/YEM/11/Rev.1, 
Yemen applied fees and charges on certain exports, including an ad valorem  permit fee of 0.2 per cent 
on exports of pesticides (Table 16).   
132. A Member noted that several export fees were ad valorem  or weight- or quantity-based and, 
in violation of Article VIII of the GATT 1994, did not appear to correspond to the costs of services 
provided.  Yemen was requested to bring all its fees and charges in compliance with WTO rules.  
In response, he said that Yemen was in the process of revising its fees and charges, including 
replacing the ad valorem  export permit fee on pesticides with a fee of YRls 20,000, as set-out in 
Table 9.  The fees would approximate the cost of services rendered to ensure conformity with WTO requirements, in particular Article VIII of the GATT 1994.    WT/ACC/SPEC/YEM/5/Rev.5 
 Page 47 
 
 
  - Export restrictions 
133. The representative of Yemen said that exports we re not subject to quantitative restrictions, 
nor did Yemen apply any voluntary export restrictio ns, orderly marketing arrangements, or minimum 
export price requirements.  However, an e xport permit was issued for pesticides and technical 
clearance was required from the competent author ities for the exportation of (i) fish and marine 
products; (ii) ingots, coins, gold, silver, platinum, jewels and precious stones inspected by the Yemeni 
Standardizations and Metrology Or ganization (YSMO), who issued a certificate of conformity; and, 
(iii) antiquities and items of historical value (approval of the Ministry of Culture).  The technical 
clearance of exports of fish and marine produc ts aimed at regulating and enforcing safety and 
inspection measures, and maintaining the reputation of Yemeni fish and marine products in export 
markets.  The technical clearance from the Ministry  of Fisheries was granted automatically after the 
appropriate sanitary certificate had been issued.   
134. Yemen was a signatory to the Convention on International Trade in Endangered Species of 
Wild Fauna and Flora and prohibited the export of enda ngered plants and animal species.  Certain rare 
birds, flora, fauna and exhaustible materials were al so subject to export bans.  Export of charcoal was 
not permitted to prevent desertifica tion and mass felling of trees.  Goods  subject to export bans are listed 
in Table 17.   
135. The representative of Yemen confirmed that fro m the date of accession, Yemen would apply 
its export permit requirements a nd other export control require ments in conformity with 
WTO provisions.  The Working Party took note of these commitments. 
Table 17:  Products Subject to Export Ban 
Item Reasons for Export Ban Measures Taken to Achieve the Purpose 
Charcoal Desertification and conservation of 
the environment  Charcoal is not licensed to exit across customs 
entry points. 
Rare Birds and 
Animals Extinction  Rare birds and animals are not licensed to exit 
across customs entry points. 
 
C. INTERNAL POLICIES AFFECTING FOREIGN TRADE IN GOODS 
- Industrial policy, including subsidies 136. The representative of Yemen said that the industrial sector had a potentially important role to 
play in economic development and generation of employment.  Yemen had not developed a 
full-fledged industrial policy, but had identified so me general objectives to encourage and develop the WT/ACC/SPEC/YEM/5/Rev.5 
Page 48 
 
 
  industrial sector.  These objectives included the deve lopment of infrastructure needed for industry; 
encouraging local and foreign investment in the industrial sector; the development of natural gas 
reserves for electricity generation; diversifying Yemen's economic and industrial base; establishing 
industrial projects within and outside free zones,  including small and medium-sized enterprises 
(SMEs); and, establishing industrial zones operating on a build-operate-transfer or other basis.   
137. Yemen was also revising its legislation on investment and industrial activities (new 
Investment Law No. 15/2010 had been adopt ed replacing Law No. 22/2002); enhancing the 
investment climate; and, promoting Yemen's SM Es and handicrafts.  He  added that Yemen was 
seeking assistance to develop its infrastructure a nd strengthen the production base in manufacturing, 
mining and traditional handicraft.  His Government was also examining options to promote the industrial sector in conformity with th e provisions of the WTO Agreements.   
138. The representative of Yemen said that Republi can Decree No. 127/1997 had established a 
Supreme Council for Export Promotion (SCEP) to promote Yemeni exports.  A Technical Office 
(now replaced by a General Directorate for Export in  the Ministry of Industry and Trade) serviced and 
served as the secretariat for the SCEP.  The tasks of the SCEP and the General Directorate for Export are detailed in WT/ACC/YEM/23 (pages 10-11).  The SCEP studied potential foreign markets, 
organized trade missions and trade fairs, and provi ded information to domestic  and foreign exporters.  
Studies on Yemen's neighbouring markets, commissioned by the SCEP, would be an input in his Government's future export policies.  Neither  the SCEP nor the General Directorate for Export 
provided any type of fina ncial support to exporters. 
139. An import duty drawback scheme had been cr eated through the Customs Law No. 14/1990.  
Provisions on duty drawback were also included in  the amendments of the Customs Law.  The duty 
drawback scheme allowed for partial or complete  refund of import duties on raw materials and inputs 
used in the production of the exported final product.   The application of this scheme was based on 
actual costs and the refund could never exceed the am ount of duties actually paid.  Requests for duty 
drawback were evaluated by a technical comm ittee comprising representatives of the Customs 
Authority, the Ministry of Industry and Trade, the Ministry of Agriculture, or the General Investment 
Authority.  The applicant specified and docum ented the quantity of raw materials imported 
throughout the year and the amount of fees and duties paid, and the technical committee conducted 
field visits to verify the percentage of impor ted materials used in the exported product.  
The committee prepared a detailed report, supported by  invoices and import records, to ensure that the 
duty drawback applied only to the imported inputs us ed in the exported goods.  The representative of 
Yemen stated that, in his opinion, the import duty drawback scheme was operated in a manner  WT/ACC/SPEC/YEM/5/Rev.5 
 Page 49 
 
 
  consistent with the guidelines outlined in Annex II of the Agreement on Subsidies and Countervailing 
Measures (ASCM). 
140. A Member noted that the Investment Law No . 22/2002 included export-contingent and 
import-substitution or local content subsidies, citing Articles 18, 20, 21 and 26 as some of the provisions that raised concern.  Custom duty a nd tax exemptions were provided under the Law to 
particular projects for specific periods of time ranging from 7 to 16 years, depending on a variety of 
factors (e.g., the location of the investment, the leve l of Yemeni equity participation and the usage of 
domestic fixed assets).  Articles 18(f) and 21(c) of th e Law appeared to grant tax and duty exemptions 
that were contingent upon local content and prohi bited pursuant to Article 3.1(b) of the ASCM.  
Moreover, under Article 26.3, profits from exports we re not taxed even after the expiration of the 
initial eligibility period (i.e. seven to 16 years), pr ovided the foreign currency profits were returned to 
an authorized bank in Yemen.  Yemen was asked to explain how the export contingent incentives 
granted pursuant to Article 26 of the Law were c onsistent with Article 3.1(a) of the ASCM.  
Yemen was also asked to confirm that its dut y and tax incentives on fixed assets and production 
inputs were consistent with Annexes II and III of  the ASCM, specifically that the qualifying inputs 
were consumed in the production of the exported product. 
141. In reply, the representative of Yemen stressed that the investment incentives granted pursuant 
to Investment Law No. 22/2002 were general in na ture and did not target any specific industry or 
enterprise.  He, however, acknowledged that subsidie s contingent upon exports or the use of domestic 
over imported goods were "specific" within the mean ing of Article 2.3 of the ASCM.  He confirmed 
his Government's intention to notify its subsid y programmes in accordance with Article 25 of the 
ASCM, and to apply all WTO provisions, including Article 27 of the ASCM.  He added that Yemen 
would be exempt from the obligations of Article 3. 1(a) of the ASCM by virtue of the special and 
differential treatment provisions, including Article 27.2 of the ASCM.  He also noted the decisions of 
the Sixth WTO Ministerial Conference in favour of LDCs. 
142. Noting Yemen's reference to the special a nd differential provisions of the ASCM, the 
Member nevertheless encouraged Yemen to revise its legislation to eliminate any prohibited subsidies 
as defined in Article 3 of the Agreement as s oon as possible, as Yemen's ability to apply such 
measures within WTO rules would expire once it was no longer recognized as an LDC.  If Yemen 
could not eliminate such measures from the date of  accession, an action plan should be proposed for 
the gradual elimination of the prohibited subsidies by  a date certain.  Yemen was asked to identify any 
subsidies based on local content, and confirm that it would notify to the WTO all specific subsidies, 
prohibited or otherwise, in accordance with Article 25  of the Agreement, and thus provide data on the WT/ACC/SPEC/YEM/5/Rev.5 
Page 50 
 
 
  form, amount, purpose, duration and trade effects of th e subsidies.  The notification would need to be 
detailed enough to evaluate all s ubsidy programmes and guide the discussions for the phasing out of 
prohibited subsidies.  A Member reminded Yeme n that the ASCM exempted LDCs from the 
prohibition of export subsidies, but not from the pr ohibition of local content subsidies.  Yemen was 
therefore urged not to resort to local content s ubsidies or should it decide otherwise to specify a 
transition period to phase-out these subsidies.   
143. In reply, the representative of Yemen presented a draft subsidy notification for the period 
2002 to 2009 in document WT/ACC/YEM/29.  The notif ication identified some of the tax and duty 
exemptions provided by Yemen pursuant to the In vestment Law No. 22/2002.  According to the 
notification, data concerning the amount of subsid ies was unavailable.  He also provided an action 
plan, contained in document WT/ACC/YEM/27 and its Revision 1, for phasing out local content 
based subsidies (by 2013).   
144. A Member noted that the Action Plan did not clearly indicate the specific programmes for 
which Yemen was seeking a transition period .  Moreover, Yemen's subsidy notification 
(WT/ACC/YEM/29) referred only to the export continge nt elements of Investment Law No. 22/2002.  
Yemen was reminded that Law No. 22/2002 also pr ovided subsidies contingent upon the use of 
domestic over imported goods that s hould be notified in accordance with the guidelines contained in 
Article 25 of the ASCM.  Yemen was also requested to provide information re garding the number and 
nature of companies that were currently  receiving benefits under Law No. 22/2002. 
145. A Member pointed out that Article 29 of the new Investment Law No. 15/2010 appeared to 
provide for the continuation of subsidies continge nt upon exportation or the use of domestic over 
imported goods under Law No. 22/2002 for registered i nvestment projects already in operation, or for 
projects that were in the pipeline and began produc tion within two years of the new Investment Law 
entering into force.  This Member stressed that be fore any consideration could be given to the request 
for a transition period, Yemen should clearly identi fy and fully notify the particular local content 
subsidies for which it was seeking a transitional arrangement. 
146. In reply, the representative of Yemen said th at Yemen was no longer requesting a transition 
period to phase-out its local content subsidies as the new Investment Law No. 15/2010 had eliminated 
provisions relating to local content based subsid ies in Law No. 22/2002.  However, investment 
projects already established pursuant to Law No. 22/ 2002 would continue to benefit from the tax and 
duty exemptions granted until the expiration of their original eligibility period under 
Investment Law No. 22/2002.  WT/ACC/SPEC/YEM/5/Rev.5 
 Page 51 
 
 
  147. A Member asked how Yemen's action plan for ph asing out local content subsidies (by no later 
than 1 January 2013), contained in document WT /ACC/YEM/27 and its Revision 1, was consistent 
with those local content subsidies established pursu ant to Law No. 22/2002 and allowed to continue 
under Article 29 of Investment Law No. 15/2010.  Th e representative of Yemen stated that none of 
the local content subsidies established pursuant to  Law No. 22/2002 and allowed to continue under 
Article 29 of Investment Law No. 15/2010 were au thorized to continue beyond 2012 according to the 
original granting provisions for these subsidies under Law No. 22/2002.  
148. The representative of Yemen confirmed that by 1 January 2013, consistent with the action 
plan set-out in WT/ACC/YEM/27/Rev.1, Yemen would cease granting all subsidies contingent upon the use of domestic over imported goods as prohib ited by Article 3.1(b) of the Agreement on 
Subsidies and Countervailing Measures and that the le gal basis for providing all such subsidies would 
expire by 1 January 2013.  He further c onfirmed that no projects registered under 
Investment Law No. 22/2002 that had not yet begun production at the time of the passage of Investment Law No. 15/2010 would be eligible for such subsidies.  The representative of Yemen 
confirmed that no other provisions in Yemeni law authorized the granting of subsidies contingent 
upon the use of domestic over imported goods, and that Yemen would not re-introduce such 
provisions under any other instrument following accession.   He further confirmed that, in respect of 
all other types of subsidies, Yemen would administ er its subsidy programmes in full conformity with 
the WTO Agreement on Subsidies and Countervailing Measures, including Article 27.2 thereof.  He also confirmed that, upon accession, Yemen woul d provide a subsidy notif ication (including any 
subsidy benefits provided under Investment Law No . 15/2010 and any specific benefits granted to 
companies or individuals located in industrial z ones and free zones), in accordance with Article 25 of 
the Agreement, to the Committee on Subsidies a nd Countervailing Measures.  The Working Party 
took note of these commitments. 
- Technical barriers to trade, standards and certification  
149. The representative of Yemen said that Yemen was a member of the International 
Standardization Organization (ISO), the Basel Convention and some regional organizations.  
International standards, recommendations and guidelines served as a basis for the preparation and application of national standards, technical re gulations and conformity assessment procedures.  
Yemen also used standards issued by the Gulf St andardization Authority as the basis for technical 
regulations.  The Gulf standards adopted by Ye men were based on international standards.   
150. Law No. 44/1999 "On Standardization, Metrology and Quality Control", together with its 
by-laws, had established the procedures for the pr eparation, adoption and application of standards, WT/ACC/SPEC/YEM/5/Rev.5 
Page 52 
 
 
  technical regulations and conformity assessment pro cedures.  In his view, and as highlighted in the 
TBT checklists (documents WT/ACC/YEM/5 and 22), the principles of the WTO Agreement on 
Technical Barriers to Trade (TBT Agreement) were c overed in the existing legislation.  However, full 
compliance with the TBT Agreement would require technical and financial assistance and an appropriate transition period.  He presented an action plan for the implementation of the 
TBT Agreement in documents WT/ACC/YEM/15 and it s Revisions, and elaborat ed on priorities and 
specific needs for technical assistance in document WT/ACC/YEM/16.   
151. Pursuant to Republican Decree No. 52/2000,  the Yemeni Standardization and Metrology 
Organization (YSMO), a Government  body, had been created as a focal point on TBT matters.  
The YSMO was responsible for the preparation, adoption and applic ation of standards, technical 
regulations and conformity  assessment procedures.  The YSMO ci rculated notifications, responded to 
enquiries, and provided related documents or inform ation.  The YSMO also published newsletters and 
organized seminars to gene rate awareness on standards and related activities.  The Board of Directors of 
the YSMO consisted of representatives from the Ministries of Industry and Trade, Finance, 
Information, Agriculture, Public Works, Higher E ducation, the Supreme Authority for Medicine, the 
Federation of Chambers of Commerce and Indus try, the General Authority for Environment 
Protection, and representatives of the YSMO.   
152. The YSMO ensured intra-governmental coordina tion and cooperation in the development of 
standards, technical regulations and conformity asse ssment procedures.  Standards, as referred to in 
Yemen's legislation, could be either voluntary or mandatory (technical regulations).  The YSMO 
Board of Directors determined whether a technical regulation or standard or conformity assessment 
procedure was needed in consultation with the con cerned entities, such as the Ministry of Agriculture, 
the Ministry of Public Works, and the Ministry of Public Health and Population.  The process for developing standards, technical regulations and conformity assessment procedures was the same.  
A decision on whether a particular measure would be a standard or a technical regulation was taken in 
the implementing development plan.  Speciali zed national committees, sub-divided in main 
committees, sub-committees and technical committees, ha d been created to prepare draft standards or 
technical regulations.  The selection of members to sit on the specialized national committees and technical committees was based on the YSMO's De cree No. 6/2008, and these committees comprised 
of members selected from the YSMO, representatives of  the relevant Government entity (ministry, 
corporation or authority), and a representative of the consumers, the commercial sector, the 
manufacturing sector, the scientific centres and uni versities.  Requirements for prior notice and 
comment were also set-out in Decree No. 6/2008.  The YSMO circulated draft standards and draft 
technical regulations to the concerned entities with in the Government and to the private sector,  WT/ACC/SPEC/YEM/5/Rev.5 
 Page 53 
 
 
  universities, scientific centres etc. for review and comment.  If no comments were received within 
two months, the drafts were considered acceptabl e and approved.  Entities providing comments were 
invited to meet with the technical committee a nd the main committee, where their comments would 
be duly considered.  The revised draft standard  was forwarded to the Follow-Up Department 
(Directorate of Specifications) within the YSMO for fi nalization.  The final draft was submitted to the 
YSMO's Board of Directors for approval.  Concerning comments from foreign interested parties or WTO Members and their consideration while finalizi ng draft measures, he said that no comments had 
been received from foreign entities so far, and comme nts received in the future would be treated in 
accordance with the TBT Agreement.  He added that in terested parties could be invited to meet with 
the relevant committees and have their written co mments duly considered on a non-discriminatory 
basis.  The YSMO, through the TBT enquiry point , would notify proposed technical regulations and 
conformity assessment procedures to the WTO at the sa me time as it circulates drafts to the concerned 
Yemeni entities.   
153. A Member noted that Decision No. 27/2006 "On By-Law of Granting Yemeni Quality Mark" 
appeared to be applicable only to  domestic enterprises and produc ts.  Yemen was asked to clarify 
whether the Quality Mark was available only to local  goods and legal persons established in Yemen or 
whether imported goods were also elig ible to apply for the Mark.  In reply, he said that the Yemeni 
Quality Mark, an optional mark, could be sought by all interested partie s, domestic or foreign, and was 
available to locally produced and imported goods provided th e requirements outlined in 
Decision No. 27/2006 were met.  The effect of the mark  was to assure the general public that the product 
had gone through a quality check. 
154. Products requiring a certificate of conformity are listed in Table 18.  Domestic pr oducts, 
including goods destined for export, required a cert ificate of conformity issued by the YSMO.  
The purpose was to ensure the quality of locally-p roduced and exported products, and to enhance the 
competitiveness of Yemeni products in foreign markets.  The YSMO t ook samples from the 
consignment and performed tests to determine whet her the product met the applicable standards.  
The exporter was notified in writing within five days if the sample did not meet the standards, and a 
compliance certificate could not be issued.  Cer tificates issued by the YSMO were recognized for 
domestic products only.  For goods imported into Yemen, the YSMO had contracted 
two internationally recognized and IFIA accredited companies, BIVAC and Cotecna, to inspect and 
issue conformity certificates in the country of origin to accompany each import consignment.  
These two companies worked with exporting countr ies and discharged their functions in accordance 
with international guidelines and practices.  The two companies had no role in formulating the 
underlying technical regulations, standards or conformity assessment procedures as these were WT/ACC/SPEC/YEM/5/Rev.5 
Page 54 
 
 
  developed solely by the Government of Yemen.  Importers and domestic manufacturers were subject 
to the same requirements.  Importers of the listed  food, agricultural, and an imal products could choose 
to have the consignment inspected either prior to sh ipment or upon arrival.  The specific requirements 
that the products were expected to conform to were those issued by international standard setting organizations adhering to the Code of Good Prac tice and the TBT Committee 's Decision principles; 
and, Yemeni requirements based on international st andards concerning health, consumer safety and 
the environment.  The measure was not trade-rest rictive, in his opinion, as the purpose for mandating 
certification of these products was prevention of deceptive practices and to ensure conformity with 
internationally accepted technical regul ations and standards.  He added that the conformity assessment 
procedures - as described in Table 18 and the relevant Yemeni regulations - varied with the nature of the 
product and its effect on hea lth, safety and the environment.  Concerning the basis for the selection of 
products subject to conformity assessment, he said that the health or safety risk and the domestic 
capacity to undertake the necessary inspection procedures determined the product coverage under the 
"International Conformity Certification Program " (ICCP) operated domestically by YSMO, and by 
BIVAC and Cotecna for goods imported into Yemen.  Lack of adherence to standards or technical regulations also necessitated insp ection and conformity assessment of  products.  His Government had 
undertaken an analysis to determine the need to regulate each of the group s of products listed in 
Table 18.  The YSMO published the li st of products subject to confor mity assessment, would notify the 
WTO and make available, for public comment, an y proposed changes to this product list.   
155. A Member expressed concern a bout the issuance of confor mity certificates and the 
accountability of the conf ormity assessment bodies, BIVAC and Cotecna, in terms of Government 
oversight and adherence with Yemeni requirement s.  Yemen was asked whether BIVAC and Cotecna 
would publish, on their respective websites, their in terpretations and related approaches in situations 
in which these companies had to interpret Yemeni technical regulations, standards, or conformity 
assessment procedures to discharge their functio ns under the ICCP.  Yemen was also asked to 
elaborate how complaints arising from operations of these companies would be addressed.  Noting that 
the recognition of an equivalent in spection system for food products s hould preclude the need for 
individual establishment inspections and for product certification by an  accredited body or third party, 
this Member suggested that the establishment of product compliance and approval for exporting to 
Yemen be conducted by the recognized competent au thority of the exporting country in question.  
In reply, the representative of Yemen stated that any complaints or questions arising from BIVAC or 
Cotecna's operations and procedures could be subm itted to YSMO which would review the situation 
and take corrective action, as necessary, in accordan ce with the terms agreed with these companies.  
Information on the applicable sta ndards and procedures for all produc ts covered by the ICCP would be 
published and made available, in a WTO working la nguage, on the YSMO website and on the websites  WT/ACC/SPEC/YEM/5/Rev.5 
 Page 55 
 
 
  of BIVAC and Cotecna.  The YSMO would also notify any specific administrative approaches and 
processes to the WTO Secretariat.  He confirmed that the inspection of foodstuff could be carried out 
either prior to the shipment of the consignmen t or upon arrival in Yemen.  Yemen would, as 
appropriate, notify to the WTO Committee on Technical Barriers to Trade of any transition from private firms to a Government conformity assessment programme.  
156. In response to specific questio ns on the certificate of conform ity requirements for foodstuff in 
Table 18 (Group 5, categories 1, 2, 3, 5, 7, 8 and 9), he said that regulations for halal slaughter and 
labelling in line with Codex Alimentarius guidelines  and OIE Terrestrial Anim al Health Code were 
provided for in Yemeni Standard Nos. 794/2004  and 1580/2006.  The conformity assessment 
requirements for categories 1, 2, 3, 8 and 9 were, in his view, co nsistent with OIE guidelines for Bovine 
Spongiform Encephalopathy (BSE).  For categories 2, 3,  5, 7 and 9, producers we re required to maintain 
technical reports relating to the c onformity assessment and food safety of the product at various stages 
of the production process, as well as  inspection records, and periodic reports with production data and 
consumer feedback.  Milk and dairy factories we re required to adopt Good Manufacturing Practices 
(GMP) pursuant to Yemeni Standard  No. 1/2001.  YSMO periodically inspected these factories and was 
providing technical advice fo r implementation of HACCP and ISO 22000 systems.   
157. Asked whether Yemen would accept without furthe r testing the product certifications of bodies 
accredited with the International Laboratory Ac creditation Corporation (I LAC) and International 
Federation of Inspection Agencies (I FIA), the representative of Yemen st ressed the principle of mutual 
recognition and requested technical assistance in the area of accreditation.  The conformity assessment 
system, including the accreditation of laboratorie s and the implementation of mutual recognition 
agreements, would be developed further over the pe riod 2007-2014.  YSMO intended to recognize the 
international ISO/IEC17025 standard, i.e. general requirements for the competence of st andardization, 
testing and inspection labora tories.  Laboratories based in other c ountries were eligible for recognition in 
Yemen if considered technically competent and meeting the required conditions (i.e. ISO/IEC17025).  
A Member noted that the TBT Agreement did not limi t methods of acceptance of conformity assessment 
results.  In addition to mutual recognition agreements, other tools de pending on the sector, objective, or 
potential risks may be utilized.  In response, he sa id that Yemen would consider using other tools as 
possible alternatives to mutu al recognition to facilitate the acceptance of conformi ty assessment results.   
158. He stated that Yemen did not discriminate between domestic and imported products when 
standards, technical regulations and conformity assessment procedures were developed and applied.  
There was also no discrimination between impor ted products from one WTO Member and "like" 
imported goods from other WTO Members.  Howeve r, it was noted that Article 6 of Decision WT/ACC/SPEC/YEM/5/Rev.5 
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  No. 3/2001 "On Issuance of Conformity Certificat e to Metrological Standards By-Law" stipulated 
conditions for the conformity certificates issued by YSMO, one of which appeared to make the 
certificates available only to registered enterprises pe rmitted to operate in Arab countries.  Yemen was 
requested to modify this provision, by the da te of accession, to allow exporters and producers 
established in third countries to obtain the certificate.   In reply, the representative of Yemen said that 
there were no discriminatory procedures in Decision No. 3/2001.  Conformity certificates were available to registered enterprises permitted to operate  in other countries.  A draft regulation or by-law 
amending Decision No. 3/2001 was in preparation a nd his Government was committed to bringing its 
certification regime in conformity with WTO requirements upon accession.   
159. Decision No. 2/2003 of the Minister of Industr y and Trade "On Regulations of Conformity 
Assessment of Goods and Enterprises to Accredited Standards" and Decree No. 9/2009 
"On Regulation of Examination Services a nd Inspection Fees" with YSMO Regulation 
"On Inspection Charges Levied on Imported Goods" set the fees for issuing certificates of conformity.  These fees were collected by YSMO and varied acco rding to the type, nature or quantity of the 
product; logistics or materials used; and, the time, effo rt and staff needed.  In his view, the fees set by 
YSMO, and agreed with BIVAC and Cotecna contr acted to issue conformity certificates overseas, 
reflected the costs of services rendered.  Inspecti on fees levied pursuant to Ministerial Decision 
No. 11/2004 "On the Regulation of  Inspection Fees and Costs for YSMO Laboratories" on domestic 
and imported products were also non-discriminator y and commensurate to the cost of the services 
rendered.   
160. An Information Centre and webs ite (www.ysmo-ye.org) had been developed by the YSMO for 
the publication of information on standards, technical regulations and conformity assessment 
procedures.  Draft technical regulations were posted online for a period of 60 days and the website was 
being improved to make draft conf ormity assessment proc edures available for re view and comment.  
Approved technical regulations a nd conformity assessment procedures entered into force immediately 
upon publication of the decision in the official newspapers.  Approved measu res were subsequently 
reproduced in the monthly "Specifications" magazi ne published by the YSMO.  In accordance with 
Articles 2.12 and 5.9 of the TBT Agreement, Ye men would amend its regime to allow for a 
reasonable interval of time between publication an d entry into force of technical regulations and 
conformity assessment procedures.  The framework for making draft standards, technical regulations 
and conformity assessment procedures available for public review and comment would be strengthened.  In this context, the transparen cy requirements of the Code of Good Practice 
(Annex 3 of the TBT Agreement) would be covere d by replacing By-Law No. 22/2001 with a new 
By-Law "On Regulation of Standards Preparation Procedures".    WT/ACC/SPEC/YEM/5/Rev.5 
 Page 57 
 
 
  161. The representative of Yemen said that the Information Centre of the YSMO had been 
established to serve as the National Enquiry Point on TBT matters (Decision No. 5/2009 
"On Establishment of the TBT and SPS Enquiry Points" and Decision No. 6/2009 "Organizing Work of 
the Enquiry Points of TBT and SPS").  Sub-Points we re being created in the Ministries of Agriculture, 
Public Health and Population and in the Customs Au thority to coordinate with the National Enquiry 
Point in the discharge of its functions.  A special di vision within the Enquiry Point would be responsible 
for TBT notifications.  Technical assistance wa s requested for the National Enquiry Point and 
Sub-Points to be fully operational.  The contact details of the National Enquiry Point were: 
Name:  Nejat Ahmed Yahya Al-Khayat 
Address: Yemeni Standardization and Metrology Organization (YSMO)   Industrial Complex, Al-Zubairy Street 
  P.O Box 15261 
  Sana'a, Yemen 
Email:  enquiry-point@ysmo-ye.org 
  infoys@yemen.net.ye Website: www.ysmo-ye.org 
Tel:  + 967-1-408608/9 Ext: 142 
Fax:  + 967-1- 472557 / 402636 / 219980 
162. A Member asked whether any harmonized rules or principles governed the development of 
regulations by individual ministries, and whether an executive body would review standards, technical 
regulations and conformity assessment procedures of the various bodies to ensure these were not 
duplicative, unnecessary, outdated or otherwise not in line with the principles of good regulatory practice.  Noting the role of the YSMO in intr a-governmental coordination, Yemen was asked to 
elaborate on the setting-up of a national mechanism for coordination between relevant agencies and 
the technical assistance needed for this purpose.  In reply, the representative of Yemen said that a 
national mechanism was required to coordinate and avoid overlap or duplication in the updating and 
revision of the relevant laws, regulations and procedures.  Th e national coordination mechanism 
would also serve to liaise with the private sector, ci vil society, media, science and research centres 
etc.  To establish the mechanism, Yemen requested technical experts, training, awareness generation 
activities, and building the n ecessary infrastructure.   
163. Although generally not supportive of transition peri ods for acceding countries to implement the 
TBT Agreement, a Member nevertheless recognized that Yemen, as an LDC, could seek transition 
periods.  However, this Member found Yemen's re quest for a lengthy transition period difficult to 
reconcile as Yemen had already indicated that th e principles of the TBT Agreement were covered by 
existing legislation; had established mechanisms for inter-ministerial coordination in the development 
of standards, technical regulations and conform ity assessment procedures, and to publicize and WT/ACC/SPEC/YEM/5/Rev.5 
Page 58 
 
 
  receive comments on drafts; and was in the process of  strengthening its enquiry point.  This Member 
reminded Yemen that the development of additional technical regulations and conformity assessment 
procedures was not a condition of WTO complia nce, but such reinforcement of Yemen's 
infrastructure should be viewed as an ongoing in terest and target for additional assistance. 
164. In response, the representative of Yemen reaffirmed his Gove rnment's commitment to fully 
implement the TBT Agreement with a transition period.  He presented an action plan setting out details 
of the steps Yemen had taken or would take in orde r to achieve this objective and a timetable for each 
step (Table 19).  The transition period was necessary  for Yemen to review and update the rele vant laws, 
decrees, regulations and procedures; strengthen the enquiry point, with a special division for 
notifications, and further develop the website created to meet the transparency provisions of the 
TBT Agreement; set-up a national mechanism for coordination between  relevant agencies; continue to 
implement and develop standards, technical regulatio ns and conformity assessm ent procedures in line 
with international standards and gui delines; work on mutual recogn ition agreements; a nd, establish a 
council for the accreditation of labor atories.  During this transition pe riod, existing measures would be 
applied on a non-discriminatory basis, i.e. providi ng for national treatment a nd MFN treatment to all 
imports.  Measures in place already consistent with the provisions of the Agreement on Technical 
Barriers to Trade would not be subj ect to transitions, and Yemen would ensure that any changes made in 
its laws, regulations and practice during the trans ition period would not result in a lesser degree of 
consistency with the provisions of the Agreement than  existed on the date of accession.  Standards, 
technical regulations and conformi ty assessment procedures adopted during this period would be 
developed in conformity with the provisions of the Agreement.  Yeme n would endeavour to participate 
in the work of the Committee on Technical Barriers to Trade.  He stressed the need for technical assistance for the implementation of the WTO TBT Agreement. 
165. The representative of Yemen stated that Yemen would progressively implement the 
Agreement on Technical Barriers to Trade in accord ance with the Action Plan in Table 19 and with 
the understanding that during this period the scope  of implementation of other aspects of the 
Agreement, as described in paragraph 164 would be applied by Yemen.  Full implementation will 
start from 31 December 2016.  The Working Party took note of this commitment.  WT/ACC/SPEC/YEM/5/Rev.5 
 Page 59 
 
 
  Table 19:  Action Plan for the Implementation of the Agreement on Technical Barriers to Trade 
Provisions of the 
TBT Agreement Current Status/Required Actions/Imp lementation Requirements Time-frame 
Articles 2.9.4, 2.10.3, 
3.15, 3.3, 5.6.4, 5.7.3, 7.1, 7.3 Implementation of laws/regulations related to the TBT 
Agreement: - Law No. 44/1999 "On Standards, Metrology and Quality 
Control"; 
- Decision No. 52/2000 "Establishing the YSMO"; and - By-laws related to TBT. 
 
Review, adapt laws and by-laws in line with WTO requirements.  
  
 
  
 
2007 - 2012 
Article 10 TBT Enquiry Point: 
(a) Legal infrastructure: 
 - Decision No. 5/2009 "On Establishment of TBT and SPS 
Enquiry Points"; and 
- Decision No. 6/2009 "Organizing Work of the Enquiry 
Points of TBT and SPS". 
 
Completing the preparation of th e TBT National Enquiry Point. 
 
Completing establishment of Sub-Points in the concerned bodies. 
 Collecting information on activities related to the TBT Agreement 
from relevant agencies in order to establish the database for the 
Enquiry Point.  
 
 Done 
 
Done  
 
2012 - 2013  
2012 - 2013 
 2012 
Articles 2, 3, 5, 7, 10, 15.2, Annex 3, 
G/TBT/1, 5.7.1, 7.2, 
7.3, 10.7, 10.10 (b) Notification: 
 
Special division within the Enquiry Point for notifications. 
 Recruitment of additional staff, training on notification 
preparation and on how to deal with notifications.  
 
Done 
 2012 - 2013 
Articles 2.9.1, 3.1, 5.6.1, 7.1, 10.1.5, 
Annex 3, Annex 4  
(J, K, L, N, O), Article 8.1 
 
  
 
Articles 2.11, 2.12, 3.1, 5.8, 5.9, 7.1 (c) Publication and Receiving Comments: 
 
- Website created.  Draft techni cal regulations and standards 
published on the website fo r receiving comments through 
e-mail or other means; 
- Technical regulations and standards published in official 
newspapers; 
- Website to be improved in line with requirements of the 
Agreement; 
- Issuing an official bulletin (YSMO Newsletter) concerning 
the publication of drafts, other technical regulations, and 
receiving comments; and 
- YSMO allowing for a period to lapse between the issue of a 
technical regulation and its implementation. 2007 - 2013 
 
Done 
  
Done 
 Done 
 
2012  
 
Done WT/ACC/SPEC/YEM/5/Rev.5 
Page 60 
 
 
  Provisions of the 
TBT Agreement Current Status/Required Actions/Imp lementation Requirements Time-frame 
Articles 2, 3, 5, 6, 7, 
2.3, 3.1, 7.1 Technical regulations: 
 
- Using international standards, evidence and 
recommendations as a basis for developing technical regulations and conformity assessment procedures; 
- Adopting standards of Gulf Cooperation Council (GCC) and 
implementing YSMO-related laws and regulations; 
- Taking measures at customs en try points, in conformity with 
measures stipulated in the pr ovisions of the Agreement; 
- YSMO working on the development and implementation of 
procedures in line with the international agreements; 
- Setting up a national mechanism for coordination between 
relevant agencies; and 
- Separating technical regulations from standards 2007 - 2015 
 
Done 
  
Done 
 Done 
 
2007 - 2015 (continuous) 
2012 - 2013 
 2012 - 2015 
Articles 2.1, 3.1, 5.1, 
5.2, 7.1, 10.4, 2, 3, 5, 
6, 7, Annex 3 (D, E), 
Article 8.1 Conformity Assessment: 
 
- Registering imported and local products to smooth control 
process.  YSMO physically inspecting imported and local 
products and lab examination, as necessary.  Issuing the release of imported goods based on physical inspection and 
lab examination.  Applying system of "Good Manufacturing 
Practices" (GMP) on local indust rial food enterprises.  No 
discrimination between domestic and foreign products; 
- Reviewing and updating the conformity assessment 
procedures on products according to international guidelines and practices in order to be in line with the Agreement; 
- Reviewing and updating the systems of granting Yemeni 
Quality Mark and conformity cer tificates for local products; 
- Reviewing and updating the control procedures for local 
products; 
- Reviewing and updating the control procedures on imported 
and local products and those for export through the 
implementation of conformity certificate in th e country of 
origin in accordance with international standards and guidelines and in line with the Agreement; 
- Establishing new YSMO offices and branches in the rest of 
governorates and customs outlets; 
- Applying the system of Good Health Practices (GHP) and 
Hazard Analysis and Critical Control Point (HACCP) on 
industrial food enterprises; 
- Updating the Risk Management Department in line with the 
provisions of the Agreement; 
- Participating in conferences, seminars, regional and 
international workshops on conformity assessment 
procedures; and 
- Improving inspection procedures on imported and local 
products.  
 
Done 
 
  
 
  
2007 - 2014. 
(continuous)  
Done 
 2007 - 2014 
 
Done  
 
  
2007 - 2014 
 
2007 - 2014 
(continuous)  
2007 - 2014 
 (continuous) 
 
 (continuous) 
Articles 2.1, 3.1, 5.1, 5.2, 7.1 Accreditation of laboratories: 
 - Establishment of an accreditation department to pave way 
for accreditation council in a few years; 
- Plan to establish a national accreditation council; - Establishing accreditation council; 
- Building lab capacity; and 
- Training for accreditation controllers.  
 Done 
 
2007 - 2014 2010 - 2015 
2007 - 2015 
2010 - 2014 
(continuous)  WT/ACC/SPEC/YEM/5/Rev.5 
 Page 61 
 
 
  Provisions of the 
TBT Agreement Current Status/Required Actions/Imp lementation Requirements Time-frame 
Articles 2.7, 3.1, 6, 
7.1 Mutual recognition and conformity assessment: 
 
- Signing some Memorandums of Understanding; 
- Activating these Memorandums of Understanding to reach 
agreements on mutual  recognition; and 
- Concluding other agreements especially with States that 
have business relations with Yemen.  
 
Done 
2010 - 2014  
2010 - 2014 
(continuous) 
Full implementation of the WTO Agreement on Technical Barriers to Trade 31 December 2016 
 
- Sanitary and phytosanitary measures 
166. The representative of Yemen said that Yemen was a member of the Codex Alimentarius 
Commission, the World Organisation for Animal Hea lth (OIE) and the International Plant Protection 
Convention (IPPC).  Yemeni representatives attende d Codex, OIE, and IPPC  meetings on a regular 
basis and would seek funding to participate in th e technical committees of the Codex and OIE.  
Yemen's SPS measures were applied in line with  the standards of these international bodies.  
International standards would be taken into account  in developing and introducing new SPS measures 
in Yemen.  Law No. 32/1999 "On Plant Quarantine"; Law No. 17/2004 "On the Organization and Protection of Livestock" 
(Animal Wealth); Law No. 44/1999 "O n Standardization, Metrology and 
Quality Control" and Law No. 38/ 1992 "On Control over Food" with  its amendments, by-laws and 
implementing regulations provided th e legislative basis for the protection of plant life and health; 
animal life and health; and food safety, respectively.   He added that a new Law "On Plant Quarantine" 
had been enacted and that Law Nos. 17/2004 and 44 /1999 were being reviewed  for consistency with 
international standards and WTO requirements.   
167. The Ministry of Agriculture and Irrigation was responsible for overseeing the preparation and 
implementation of phytosanitary measures in Yemen.  The Ministry administered and was responsible 
for the control, inspection and approval of plant life and health measures.  The Ministry also enforced 
plant quarantine in accordance with  the Plant Quarantine Law No. 32/1999.  Application forms to 
receive prior permission to import plant consig nments were either obtained from the General 
Department of Plant Protection, the website of  the Ministry of Agriculture and Irrigation 
(www.mai-yemen.org), or the IPPC website (www.ippc .int).  The completed form was submitted with 
proof of payment of the applicable fees (Table 8)  to the General Department of Plant Quarantine 
which examined the application and, based on a risk analysis, would either grant permission 
specifying the phytosanitary terms and conditions to be met or deny permission and notify the 
applicant of the reasons therefore.  Sample testi ng was the usual practice and 100 per cent testing was 
limited to cases where high potential risks had been iden tified.  The determination of the pest risk was 
currently governed by the plant health regulati ons and a plant quarantine list based on a survey WT/ACC/SPEC/YEM/5/Rev.5 
Page 62 
 
 
  conducted in 1993.  He added that Yemen intended to apply IPPC guidelines and needed assistance to 
carry out a new survey of plant pests and a Pest Risk  Analysis to define a list of quarantine pests in 
the country.   
168. In accordance with Animal Wealth Law No . 17/2004, the Ministry of Agriculture and 
Irrigation oversaw animal health quarantine, insp ection and sanitary health conditions for meat 
products and eggs production.  It was also respons ible for issuing the Veterinary Health Permit 
required prior to importing consignments of unprocessed animal products.  He stated that the Ministry 
intended to issue OIE consistent Veterinary Health Certificates for exports.  In response to a specific 
question on animal quarantine, he said that Article  28 of Law No. 17/2004 regulated cases regarding 
losses due to negligence on the part of the quaran tine administration.  Proof of negligence was 
required to pursue cases for compensation.   
169. On food safety, the representative of Yemen said that the YSMO was mandated to ensure the 
safety of domestic and imported fo od products and conformity with  the applicable regulations.  
The YSMO issued technical regulations, standards,  and technical systems related to food safety, 
including Good Manufacturing Practice (GMP), regi stration, import controls, risk management, 
certificates of conformity, food safety systems for milk  and dairy products, tests for animal carcasses, 
sanitary conditions for slaughtering animals, research , scientific testing, sampling, and development 
of laboratory capabilities.  The YSMO also asses sed the conformity of imported food with the 
applicable requirements through procedural inspection,  verification of documents, and product testing, 
if necessary.  He added that the Ministries of P ublic Works and of Public Health and Population 
worked with the YSMO in the area of control and ci rculation of foodstuff.  In coordination with the 
YSMO, the Ministry of Public Works was responsible  for regulating the circulation of food in local 
markets.  It served to protect consumers' health from food unfit for human consumption.  
The Ministry of Public Health and Population w as responsible for keeping the competent authorities 
informed of WHO notifications concerning food or  animal consignments that may be harmful to 
human health. 
170. He said that there was coordination between the key regulatory bodies responsible for the 
preparation, administration, control, inspection and approval of SPS measures (i.e. the Ministry of 
Agriculture and Irrigation; the Ministry of Public Health and Population; the Ministry of Public 
Works and YSMO).  Yemen would develop and impr ove this coordination on a continual basis.  
171. The representative of Yemen said that his Government was reviewing and updating its 
legislation to ensure consistency with the WTO Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement) and internat ional standards.  He presented checklists of  WT/ACC/SPEC/YEM/5/Rev.5 
 Page 63 
 
 
  illustrative SPS issues in documents WT/ACC/YEM/5, WT/ACC/YEM/12 and its Revision 1, an action 
plan for the implementation of the SPS Agreemen t in documents WT/ACC/YEM/13 and its Revisions, 
and a submission on technical assist ance requirements in the SPS area  based on the questionnaire in 
G/SPS/W/113 in document WT/ACC/YEM/14.  He stated that the Animal Wealth Law No. 17/2004 and its implementing regulations had been updated for conformity with OIE regulations and the 
SPS Agreement.  A new Law "On Plant Quarantine"  and its implementing regulations had been 
adopted.   
172. Some Members sought clarification on whether Yemen's legislation would be amended to 
ensure that SPS measures were applied only to the extent necessary to protect human, animal and 
plant health; and, to ensure that Yemen's regula tions governing plant and animal health and food 
safety would be based on independent risk assessments and scientific evidence.  Yemen was also 
requested to provide an update of any legislati on to take account of equivalence and regional 
characteristics in existing or new animal or plant health and food safety regulations.  In reply, the 
representative of Yemen said that these issues would be addressed as per Yemen's action plan to implement the SPS Agreement.  Yemen had not sign ed any equivalence agreement or system with 
neighbouring countries.  On the process of determ ining equivalence, he added that Yemen would 
comply with Article 4 of the SPS Agreement and ac cept health measures of other countries if these 
measures achieved an appropriate leve l of protection against the risk.   
173. On Yemen's position with respect to high/low pa th avian influenza virus in imported poultry 
and poultry products and in relation to Bovine Sp ongiform Encephalopathy (BSE) in beef and live 
cattle exports, he said that OIE guidelines were followed on high/low path avian influenza.  
Importation of beef and live cattle were prohibite d from BSE infected countries.  This ban and the 
requirements for foodstuff described in Table 18 were, in his view, consistent with OIE guidelines for 
BSE.  He added that Yemen would comply with the tolerance level of hormones for animals permitted 
in Codex Alimentarius and OI E guidelines, upon accession.   
174. A Member noted that the import ban of beef a nd live cattle was not consistent with OIE 
recommendations for BSE and contradicted the Hea lth Certificate for the Export of Bovine Meat 
submitted by Yemen.  This Member encouraged Yemen to apply OIE consistent treatment for trade in beef and live cattle.  On the tolerance level of hormones, Yemen was encour aged to harmonize its 
maximum residue limits (MRLs) to  Codex, or where there was no pr ovision, to consider using the 
science and standards of other WTO Members.  In response, the repr esentative of Yemen confirmed its 
intention to comply with Codex a nd OIE requirements with respect to hormone levels, and to use MRLs 
of Codex or other international standards, including those based on the science and standards of other WT/ACC/SPEC/YEM/5/Rev.5 
Page 64 
 
 
  WTO Members when establishing the MRLs for horm ones in Yemen.  He added that Yemen intended 
to comply with OIE recommendations  for beef and live cattle but requ ested assistance as the country 
currently did not have the technical capabilities to do so.  In res ponse to specific queries on the Health 
Certificate for Export of Bovine Meat, he said that  Yemen used this certificate as it was based on a 
standard form developed by the OIE Regional Office for the Middle East.  The certificate was to be 
issued by the veterinary authorities in the expor ting country.  Yemen would align the certificate to 
recognize the OIE risk classification categories a nd would follow the recommendations of the OIE 
Terrestrial Animal Health Code.   
175. Concerning amending existing or enacting new SPS measures, a Member asked whether draft 
measures were made available to the public, includ ing non-Yemeni interested parties, whether an 
opportunity was provided for public comment on the draft measures, and whether the Government 
would take such comments into account in revising  the proposed measures.  The representative of 
Yemen replied that prior publication of draft SPS measures was not presently provided for in any 
official journal or the newsletter of the Ministry of Agriculture and Irrigatio n.  Food safety measures 
were, however, made available for public review  and comment prior to adoption at the YSMO 
website (www.ysmo-ye.org).  As per the revised  SPS checklist, Yemen would take steps to notify 
draft measures at an early stage, and provide WTO Members 60 days to provide comments.  
Comments would be taken into consideration while finalizing the proposed measure.   
176. The representative of Yemen said that the SPS National Enquiry Point and National 
Notification Authority had been established in the Mi nistry of Agriculture and Irrigation.  Technical 
assistance was requested for the National Notifica tion Authority and Enquir y Point to be fully 
operational by the date of accession.  The SPS Na tional Enquiry Point and National Notification 
Authority could be contacted at:   
Address: Ministry of Agriculture and Irrigation 
  Agricultural Services Sector   SPS Unit   P.O. Box No. 2805 
  Sana'a, Yemen 
 Tel:  967-1-560462 Fax:  967-1-560462 Email:  spsunit.ye@yahoo.com 
Website: under construction 
177. The representative of Yemen noted that achievi ng compliance with the requirements of the 
Agreement on the Application of  Sanitary and Phytosanitary Measures (SPS Agreement) was a 
complex task.  Yemen was accordingly seeking a tran sition period as outlined in the Action Plan for  WT/ACC/SPEC/YEM/5/Rev.5 
 Page 65 
 
 
  the implementation of the SPS Agreement reprodu ced in Table 20.  The transition period was 
necessary to permit the adoption of legislation, trai n staff, ensure that Government officials and 
stakeholders had good knowledge and understanding of SPS legi slative requirements, and to make 
sure that control inspection and procedures were fully operational.  He stressed the necessity for his 
Government to receive adequate technical a nd financial assistance to ensure the proper 
implementation of the SPS Agreement. 
178. During the implementation period, exis ting measures would be applied on a 
non-discriminatory basis, i.e. providing for nationa l treatment and MFN treatment to all imports.  
Measures in place at the time of accession and alread y consistent with provisions of SPS Agreement 
would not be subject to transitions.  Yemen woul d ensure that any changes made in its laws, 
regulations, and practice during the transition period would not result in a lesser degree of consistency 
with the provisions of the SPS Agreement than exis ted on the date of accession.  The Working Party 
took note of these commitments. 
Table 20:  Action Plan for th e Implementation of the Agreement on the Application of 
Sanitary and Phytosanitary Measures 
Provisions of the SPS 
Agreement Activity Time-frame 
Article 2: 
 
Article 2.2:  Measures applied only to the 
extent necessary to 
protect human, animal or 
plant life or health is 
based on sufficient scientific evidence Review, update and issue th e Plant Quarantine Law 
No. 32/1999 and its executive Regulations No. 54/2001 for 
consistency with the SPS and the new revised text for IPPC. Done 
Review and update Animal Wealth Law No. 17/2004 and its 
executive regulations for harmonization with respective 
international standards of OIE and SPS Agreement. 2013 
Review and update the Specification Metrology and Quality 
Control Law No. 44/1999 in order to conform to the SPS 
Agreement and Codex specifications. 2008 - 2013 
Review and update the technical food regulations and food 
specifications in accordance with the international specifications of the Codex Alimentarius Commission. 2008 - 2013 
Conduct sanitary survey for food safety in main cities. 2008 - 2010 
Periodic evaluation for the food control system as well as on 
food inspection activities according to the guides, manuals and 
international recommendations. 2008 - 2010 
Continuous 
Preparation and issuance of Food Law for the country in 
coordination and cooperation with relevant ministries and 
authorities. 2008 - 2013 
Article 2.2 Establish the Yemeni Food Committee (Yemeni Codex 
Committee). 2008 - 2013 
Build and equip new plant quarantine stations at entry points. 2008 - 2013 
Build veterinary quarantine stations at entry points. 2008 - 2013 
Development of phytosanitary and animal health laboratories. 2008 - 2013 
Setting a central laboratory for food safety and special food 
testing laboratories at the entry points. 2008 - 2014 
Development of human capacity in  the areas of phytosanitary 
and animal health. 2008 - 2013 WT/ACC/SPEC/YEM/5/Rev.5 
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  Provisions of the SPS 
Agreement Activity Time-frame 
Article 2.3, 
Annex C.1(a) and (d): 
Non-discrimination Check and ensure the compli ance of the above-mentioned 
laws and regulations with SPS provisions on 
non-discrimination, control, inspection and approval 
procedures. 2008 - 2015 
Updating information on import requirements for plants, plant 
products, animal and animal products and other related 
articles. 2008 - 2009 
Continuous 
Article 3:  Articles 3.1, 3.3 and 3.4: 
Harmonization with 
international standards, guidance, and 
recommendations Check and ensure the compli ance of the above-mentioned 
laws and regulations with harmonization obligations. 2008 - 2015 
Participation in SPS major meetings and other related sanitary 
and phytosanitary agreements meetings and their subsidiary 
organizations. 2008 - 2010 
Continuous 
Implement the international standards for sanitary and phytosanitary measures. Continuous 
Article 4:  Equivalence Check and ensure the compliance of the above mentioned laws 
and regulations with equivalence obligations. 2008 - 2016 
Article 5: 
 Articles 5.1, 5.2 and 5.3: 
Risk assessment to 
ensure that measures are based on science and 
applied only to protect 
health Update pests' lists according to risk analysis and assessm ent. 2008 - 2013 
Implement specific technical trai ning program in particular: 
- Plant pest risk analysis; 
 Implementation of HACCP system and related 
procedures; and 
- Animal disease risk analysis. 2008 - 2013 
Articles 5.1, 5.2 and 5.3: Creation of food-bor n diseases' lists according to risk analysis 
and assessment. 2008 - 2013 
Establishment of risk analysis and assessment management. 2008 - 2013 
Article 6 and 
Annexes A.6 and A.7: 
 Adaptation to regional 
conditions Initiation to find pest or disease free areas and areas of low 
pest or disease prevalence. 2008 - 2013 
Declaration of pest or disease free areas and areas of low pest 
or disease prevalence. 2008 - 2013 
Article 7 and Annex B: 
 Transparency:  
Establishment and 
operation of a single 
enquiry point, 
publication of regulations and 
notification Follow up the process of the establishment and development 
of National Notification Authority and Enquiry Point in the Ministry of Agriculture and Irrigation.   Done 
Development of the subsidiary enquiry points in line 
ministries and authorities (Ministry of Health, Yemen Specifications and Metrology Organization).  2008 - 2013 
Article 8 and Annex C: 
 Control and inspection / 
approval procedures for 
additives / tolerance contaminants in food Development of the pesticides residue analysis lab. 2008 - 2013 
Development of veterinary drugs residue analysis lab. 2008 - 2013 
Development of additives and contaminants analysis lab. 2008 - 2013 
Full implementation of the WTO Agreement on the Application of Sanitary and 
Phytosanitary Measures 31 December 2016 
 
179. Some Members highlighted the progress made by  Yemen in reviewing its SPS legislation and 
invited Yemen to continue with its efforts to bring regulations and legislation progressively in 
compliance with the SPS rules.  They took note of Yemen's request for a transition period till  WT/ACC/SPEC/YEM/5/Rev.5 
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  31 December 2016 for full implementation of th e SPS Agreement and encouraged Yemen to take 
advantage of the technical assistance available in the SPS area.   
180. The representative of Yemen confirmed that Yemen would implement progressively the 
provisions of the WTO Agreement on the Application of Sanitary and Phytosanitary Measures within 
the timetable provided for in the Action Plan for im plementation in Table 20, and would ensure full 
implementation of the Agreement no later than 31 December 2016, and with the understanding that 
during this period the scope of implementation of ot her aspects of the Agreement, as described in 
paragraph 178 would be applied by  Yemen.  He further confirmed that Yemen would consult with 
WTO Members, upon request, if they deemed that any measures applied during the transition period 
affected their trade negatively.  The Worki ng Party took note of these commitments.   
- Trade-related investment measures 
181. The representative of Yemen said that foreign and domestic investment received equal 
treatment with no discrimination in respect of rights,  obligations, rules and procedures.  In his view, 
the "Production Sharing Agreements" or "Special  Agreements", covering hydrocarbon exploration 
concessions, were not inconsistent with the Agre ement on Trade-Related Investment Measures.  
He reiterated that his Government intended to av ail itself of local content and export performance 
requirements in establishing industrial zones shou ld such measures be considered conducive to 
Yemen's industrial development.  He acknowledged that Yemen pr ovided tax and duty exemptions 
pursuant to Articles 20 and 21 of the Investment  Law No. 22/2002 to prom ote local content in 
investment projects, and that these incentives were  not fully consistent with the Agreement on 
Trade-Related Investment Measures (TRIMs).  He sought the understanding of Members on these 
issues in the light of Annex F to the Declaration of the Sixth Ministerial Conference. 
182. Some Members requested Yemen to provide an  action plan for the implementation of the 
TRIMs Agreement.  The plan should include eliminat ion of all TRIMs in a ma nner consistent with the 
TRIMs Agreement and WTO Declarations, also fo r measures applicable to industrial zones, 
production sharing agreements, and special agreemen ts.  Concerns were raised regarding Yemen's 
intentions to avail itself of local content requireme nts to promote investment in industrial zones.  
A Member stated that in order fo r Yemen to utilize transitions to maintain its TRIMs, Yemen should 
identify them for notification, indicate how l ong within the allowable period Yemen believed it 
necessary to maintain these measures, and make a co mmitment to eliminate all measures inconsistent 
with the Agreement by a certain date, e.g. 31 December 2014.  No transition period could be 
considered without Yemen identifying its possible TRIMs and setting out an action plan to eventually remove all measures inconsistent with the TRIMs Agreement and WTO Declarations.   WT/ACC/SPEC/YEM/5/Rev.5 
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  183. The representative of Yemen presented a notification, in document WT/ACC/YEM/30, 
identifying measures in the Investment Law that we re not in conformity with the provisions of the 
TRIMs Agreement.  Yemen had initially requested  a transition period (till 2015) to phase-out the 
investment incentives that were contingent upon promoting local content in fixed assets (capital goods).  He noted, however, that Yemen was no longe r requesting such transition period to phase-out 
its local content subsidies as the new Investment Law No. 15/2010 had eliminated provisions relating 
to local content based subsidies in Law No. 22/ 2002.  Investment projects already established 
pursuant to Law No. 22/2002 would discontinue by no later than 1 January 2013. 
184. The representative of Yemen said that Yemen would not maintain any measures inconsistent 
with the TRIMs Agreement and would apply th e TRIMs Agreement from the date of accession 
without recourse to any transitional period.  The Working Party took note of this commitment.   
- Free zones, special economic areas 
185. The representative of Yemen said that the La w No. 4/1993 "On Free Zones" defined a wide 
range of economic activities that could be undertaken and were promoted in a free zone.  In practice, 
all industries that could be established in Yemen we re permitted to operate in the free zones.  Goods 
imported into a free zone, as well as the products manufactured in and exported from such a zone, 
were not subject to import and export duties, fees or production taxes.  All firms or projects operating 
in a free zone were exempt from taxes on profits  and from corporate income tax for a period of 
15 years (Article 12 of Law No. 4/1993).  This tax ex emption could be extended for a period of up to 
10 years upon approval by the Council of Minister s.  Establishment in a free zone was the only 
criterion for receiving these tax exemptions.  Salari es, wages and other remuneration of non-Yemeni 
employees, working on projects within a free zone , were exempt from income tax.  No foreign 
exchange control measures were applied to the free zones, and the transfer of capital, profits and 
salaries was unrestricted.  Yemen's foreign exchange regulations had in any case been liberalized, also 
for companies located outside the free zones.  G oods sold from a free zone to the domestic market 
would be subject to customs duties, other borde r taxes and fees, and normal customs procedures 
pursuant to the Customs Law and the Free Zones Law.   
186. The Free Zones Law provided the legislative basis for the establishment of the Aden 
Free Zone.  The benefits available to licensed investment projects in the free zones were not 
contingent on local content or export performance re quirements.  All firms or projects in a free zone, 
including those with 100 per cent foreign owners hip, were entitled to the same incentives and 
guarantees provided for in the Law.  He confirmed that free zones would be subject to, and covered 
by, any future commitments undertaken by Yemen as a Member of the WTO.    WT/ACC/SPEC/YEM/5/Rev.5 
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  187. A Member reiterated a request that Yemen eliminate any remaining prohibited subsidies 
within the meaning of Article 3 of the Agreemen t on Subsides and Countervailing Measures, also in 
its free zones.  The representative of Yemen stated  that Yemen would apply all the provisions of the 
Agreement, including its Article 27.   
188. The Representative of Yemen said that free zones established under Law No. 4/1993 
"On Free Zones" or any subsequent legislation would be fully subject to the coverage of 
WTO Agreements and its commitments in its Protoc ol of Accession to the WTO Agreement and that 
Yemen would ensure enforcement of its WTO oblig ations in those zones.  In addition, the 
representative of Yemen confirmed that from the date of accession goods produced in any free trade zones or areas under tax and tariff provisions that  exempt imports and imported inputs from tariffs 
and certain taxes would be subject to normal cust oms formalities when entering the rest of Yemen, 
including the application of tariffs and taxes.  The Working Party took note of these commitments. 
- Government procurement 
189. The representative of Yemen said that gove rnment procurement was regulated by 
Law No. 3/1997 "On Government Bids, Tenders and Warehouses".  Except for the Ministry of 
Defence, procurement of ministries and government  bodies, at central and local level, was usually 
carried out by public tender.  Although commercia lly-oriented State-owned enterprises were not 
subject to Law No. 3/97, as a general rule, wholly  State-owned enterprises also used public tendering 
to purchase goods and services.   
190. The High Committee for Tenders and its branch es supervised and monitored government 
procurement.  The High Committee was responsible for announcing, receiving, evaluating and 
awarding tenders.  In accordance with the Executiv e Regulation of Law No. 3/1997, the procurement 
methods used in Yemen were direct order (for purchases less than YRls 30,000); direct tendering 
involving at least two bidders (value between YR ls 30,000 and YRls 200,000); limited tendering with 
three or more competing bidders (procurement between YRls 200,000 and YRls 1 million); and, 
public tenders open to all qualified bidders, and ann ounced in the media, for government procurement 
of more than YRls 1 million.  Technical and administrative committees we re established, in the 
concerned government bodies, to oversee the tende ring process, including the preparatory stages and 
the post-announcement procedures.  The Law stipul ated equal and fair treatment for all potential 
suppliers.  The right of appeal was provided for in  the Law, and appeals could be directed to the 
courts or to the authority responsible for the procurement.   WT/ACC/SPEC/YEM/5/Rev.5 
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  191. A Member encouraged Yemen to consider  acceding to the Agreement on Government 
Procurement.  In response, the representative of Yemen said that his Government would decide how 
to deal with this Agreement after accession to the WTO.  At present, Yemen had no intention to join 
the Agreement.   
- Transit 
192. The representative of Yemen said that transit tr ade was governed by the provisions of the 
Customs Law No. 14/1990.  The Customs Law provided for the use of international transit 
documents, unified forms, and security and safety pro cedures.  Goods in transit were not subject to 
restrictions or prohibitions unless specified otherwis e in domestic laws and regulations.  In his view, 
the Customs Law was consistent with Article V of the GATT 1994.   
193. Transit trade was supervised by the Customs Authority.  The Authority could identify the 
entry points, the transportation means and the itin erary for the passage of goods, taking into account 
agreements concluded with other countries.  Goods in transit were declared and, if necessary, 
inspected and sealed.  The Customs Authority coul d request a guarantee to cover the customs duties 
applicable if the cargo was diverted to the domestic market.  The Authority issued permits that could 
be cancelled in case of violation or misuse.   
- Agricultural policies 
194. The representative of Yemen said that agricu lture was the backbone of Yemen's economy, 
employing about 52 per cent of the work for ce and accounting for 13 per cent of Yemen's GDP 
in 2009.  He provided information on the agricu ltural sector, including tables on domestic support and 
export subsidies, for the peri od 2006 to 2008 in document WT/ACC/SPEC/YEM/1/Rev.2.   
(a) Imports 
195. The representative of Yemen said that imported agricultural goods were subject to customs 
duties and taxes, as well as technical regulati ons, standards, quarantine and SPS requirements.  
Yemen prohibited the importation of coffee and mango,  and maintained seasonal restrictions on some 
fruit and vegetables that were sensitive and important for farmers' livelihoods an d in their contribution 
to the economy.  These seasonal restrictions a nd ban on imported coffee and mango would be lifted 
upon accession (see "Quantitative Import Restrictions") .  Custom duty exemptions could be provided 
to the Government's agricultural projects.  The ex emptions were currently limited to machinery, 
equipment, tools, materials and products imported by the Ministry of Agriculture and Irrigation for  WT/ACC/SPEC/YEM/5/Rev.5 
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  rural development and for use in infrastructure projects.  The Ministry was implementing these 
projects with international organizations such as the World Bank, IFAD, and the FAO.   
(b) Exports 
196. The representative of Yemen said that Yemen was a signatory to the CITES Agreement and 
prohibited the export or trade in enda ngered plant or animal species.  The export of some rare birds, 
flora and fauna were also discourage d to preserve the environment.   
197. No export subsidy, e xport finance, export credit or gua rantee programmes were currently 
available.  His Government reserved the right to introduce measures in full compliance with the rights 
and obligations of the Agreement on Agriculture, including the special and differential treatment 
provisions available to LDCs with respect to ma rket access, domestic support and export subsidies.  
Some Members encouraged Yemen to bind its agri cultural export subsidies at zero upon accession.  
In reply, the representative of Yemen confirmed th at Yemen would bind agricultural export subsidies 
at zero from the date of accession, in accordan ce with Article 9 of the WTO Agreement on 
Agriculture.  The Working Party took  note of this commitment.   
(c) Internal policies 
198. The representative of Yemen said that his Gove rnment was seeking to promote agricultural 
production as a long term objective in tandem w ith Yemen's food security and poverty reduction 
strategy (Third Five Year Development and Pove rty Reduction Plan, 2006-2010).  Policy instruments 
to encourage agriculture included rural developmen t projects; agencies providing advisory services to 
farmers; training and awareness generation on th e use of modern agricultural technology and 
techniques; public works, including infrastructure,  water management or minor irrigation projects 
such as the construction of small dams and tanks to collect rain water in drought-prone areas; efforts 
to control pests and agricultural diseases; and, the est ablishment of small plant nurseries in villages.  
His Government provided credit and funded research  to develop and improve agricultural production 
and the institutional infrastructure needed for the production and marketing of agricultural products.  
Loans to farmers were generally disbursed thr ough the State-owned Cooperative and Agriculture 
Credit Bank at market interest rates.  However, loans for the purchase of agricultural machinery, 
equipment and inputs could be di sbursed on concessional terms, in  which case the interest subsidy 
would be covered by a special f und backed by the Government or donor programmes.  Information on 
the loan terms, repayment conditions, default fees and penalties, applicants' eligibility and 
qualifications, repayment and defau lt rates, and the total amount of  money disbursed through Yemen's 
lending programmes was provided in document WT/ACC/YEM/32 (pages 28-29). WT/ACC/SPEC/YEM/5/Rev.5 
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  - Textiles regime 
199. The representative of Yemen said that textile im ports were not subject to quotas or other 
restrictions.   
V. TRADE-RELATED INTELLECTUAL PROPERTY REGIME 
- GENERAL - Industrial property protection 
200. The representative of Yemen said that the Intellectual Property Rights Law No. 19/1994 
provided the basis for intellectual property protectio n in Yemen.  The Law regulated and protected 
different forms of intellectual property, including tr ademarks, copyright, industria l designs and patents.  
His Government had undertaken a review of the Intellectual Property Rights Law No. 19/1994 and 
had adopted new laws to ensure compliance wi th the Agreement on Trade-Related Aspects of 
Intellectual Property Rights (TRIPS Agreement).   
201. He provided information on the implementa tion of the TRIPS Agreement in document 
WT/ACC/YEM/7 and its Revision 1, as well as an  action plan (document WT/ACC/YEM/8 and its 
Revisions), detailing the technical assistance, funding and transitional arrangements required by 
Yemen to implement the TRIPS Agreement.  As in dicated in the Action Plan (Table 23), the new 
Industrial Property Laws had been enacted and im plemented, including the Law "On Trademarks and 
Geographical Indications" adopted on 21 November  2010; the Law "On Industrial Designs" adopted 
on 26 December 2010; and the Law "On Patents, Utility  Models, Integrated Circuits and Undisclosed 
Information" adopted on 12 January 2011.  The Law "On the Protection of Copyright and Related 
Rights" had been approved by Parliament in April 2012.  The full implementation of the 
TRIPS Agreement would be effective by the e nd of 2016 (except for patent protection of 
pharmaceuticals covered by the Decision on TR IPS and Public Health (WT/L/641)). 
202. The representative of Yemen requested tec hnical assistance to establish, enhance and 
modernize the IPR Departments; to build human cap ital and the capacity to enforce IPR legislation; 
and, to provide training and generate awarenes s among the authorities, including the judiciary, 
customs, and the prosecution agencies.   
- Responsible agencies for policy formulation and implementation 
203. The representative of Yemen said that a General Department for the protection of industrial 
property rights set up within the Ministry of Indust ry and Trade was responsible for the regulation and  WT/ACC/SPEC/YEM/5/Rev.5 
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  protection of industrial property rights.  The Ministry of Culture was responsible for policy 
formulation and protection of copyright and relate d rights and had established a General Department 
for the protection of copyright a nd related rights within the Ministry to fulfil this role.   
- Participation in international intellectual property agreements 
204. The representative of Yemen said that Yemen had become a member of the 
World Intellectual Property Organization (WIPO) in 1979, and had acceded to the Paris Convention 
on 15 November 2006 and to the Berne Convention on 14 April 2008.  His Government was not a 
signatory to any other intellectual property conventions or agreements. 
205. A Member requested information on Yemen's plans to accede to intellectual property treaties 
such as the Brussels Convention Relating to th e Distribution of Programme-Carrying Signals 
Transmitted by Satellite, the International Convention for the Protection of New Varieties of Plants, 
the Patent Cooperation Treaty, the WIPO Copy right Treaty and the WIPO Performances and 
Phonograms Treaty.  The representative of Yeme n replied that he expected accession to such 
agreements to lead to financial, institutiona l and administrative burdens exceeding Yemen's 
capabilities.  Presently, Yemen did not have plans to accede to any other intellectual property treaty. 
However, Yemen would examine the feasibility  of acceding to them, in particular the 
WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty. 
- Application of national and MF N treatment to foreign nationals 
206. Some Members questioned the consistency of  Articles 64, 105 and 120 of the Intellectual 
Property Rights Law No. 19/1994 with the national treatment obligation of the TRIPS Agreement for 
patents and industrial designs.  The representative of  Yemen replied that the Law generally provided 
national and MFN treatment to foreign natural and le gal persons.  However, fo r patents, Article 120 of 
the Law provided national treatment only to foreig ners living outside Yemen, and not explicitly to 
non-nationals residing in Yemen.  He said that Yeme n would revise its law to ensure full conformity 
with Article 3 of the TRIPS Agreement.   
207. Concerning copyright and related rights and the protection accorded to works of Yemeni or 
foreign authors - whether resident in Yemen or livi ng abroad, he said that Article (3)(b) of the draft 
Law "On the Protection of Copyright and Relate d Rights" took account of the national treatment 
principle of the TRIPS Agreement.  Protection was given to Yemeni and foreign authors from 
countries that were signatories to treaties and inte rnational agreements on intellectual property to 
which Yemen was also a party.   WT/ACC/SPEC/YEM/5/Rev.5 
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  - Fees and taxes 
208. The representative of Yemen said that the regi stration of creative activities (i.e. copyright) 
was free of charge until the establishment of appropr iate fees for registration.  Tables 21 and 22 
enumerate the registration fees for trademarks, patent s and industrial designs set by the Ministry of 
Industry and Trade. 
Table 21:  Registration Fees for Trademarks and Patents. 
Measure Fee in YRls 
Trademark application  3,000 
Trademark registration 9,000 
Replacement for lost certificate 6,000 
Protest to trademark registration  6,000 
Application for trademark tran sfer and mortgage  7,500 
Application for trademark deletion 3,000 
Application for trademark renewal   12,000 
Patent application 3,000 
 
Table 22:  Registration Fees for Industrial Designs 
Measure Fee in YRls 
Application for deposition of industrial design 20,000 
Registration fees 10,000 
Application for registration of modifications to data of design owner 10,000 
Fees for obtaining a true copy 10,000 
Application for obtaining data from registry 10,000 
Replacing a lost registration certificate 10,000 
Raising a grievance to Grievance Committee 10,000 
Application for registering the tran sfer of property, mortgaging, or 
waiving the industrial design 20,000 
Application for registering a licence to use the design 20,000 
Application for deletion 5,000 
Application for renewal of industrial design 
(a) when submitted during the final year of protection  
(b) when submitted within 3 months after expiry of protection  
20,000 
20,000 + fine of 5,000 per month 
 
- SUBSTANTIVE STANDARDS OF PROTECTION, INCLUDING PROCEDURES 
FOR THE ACQUISITION AN D MAINTENANCE OF INTELLECTUAL PROPERTY 
RIGHTS 
- Copyright and related rights 
209. The representative of Yemen said that his Government had drafted a Law "On the Protection 
of Copyright and Related Rights" to replace the ge neral Intellectual Propert y Rights Law No. 19/1994 
as the legislative basis for copyright protection.  Th is new Law had been approved by Parliament on 
14 April 2012 and was enacted in July 2012.  In his view, the new Law "On the Protection of  WT/ACC/SPEC/YEM/5/Rev.5 
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  Copyright and Related Rights" was in line with the provisions of the TRIPS Agreement and had 
replaced and superseded all conflicting provisions concerning copyright and related rights found in 
Yemen's legislation.   
210. The Intellectual Property Rights Law No. 19/1994 granted copyright to creative works in arts, 
literature, and science regardless of form, purpose, importance, or production process.  
Copyright protection was accorded to scientific, li terary and artistic writi ngs; drawings, paintings, 
engravings, illustrations, architectural, sculptural and lithography works; speec hes, lectures, sermons 
and other works; theatre, drama and musical works; musical compositions; photographic and 
cinematographic works; maps, geographical drawings  and sketches; audio-visual works for radio or 
television broadcasting; applied arts, etc.  Article  24 of the Intellectual Property Rights Law provided 
protection of works for the lifetime of the author and for 30 years after his/her death.  Article 25 
accorded protection to cinematographic and television film producers for a 25 year period.  
Portrait right holders were protected for a 10-year  period.  The term of protection for radio and 
television broadcasts was two and three years, respec tively, as per Article 27 of the Law.  Article 39 
provided permanent copyright protection for rights held by scientific, literary or artistic bodies and 
institutions. 
211. In accordance with the Law "On the Protection of Copyright and Related Rights", computer 
programs and compilations of data were provided protection in accordance with Article 10 of the 
TRIPS Agreement.  Rental rights for computer programs and cinematographic works, previously 
protected on the basis of their respective rental contr acts, had also been ensured in line with Article 11 
of the TRIPS Agreement.  Asked about the prot ection of performers, producers of phonograms and 
broadcasting organizations, stipulated in Articles 14.1, 14.2 and 14.3 of the TRIPS Agreement, the 
representative of Yemen said that Articles 3 a nd 13 of Law No. 19/1994 had protected performance 
rights and their utilization, and that Yemen w ould ensure compliance with Article 14 of the 
TRIPS Agreement in its revised legislation.  On th e term of protection provide d, he said that full 
compliance with Article 12 and 14.5 of the TRIPS Ag reement, and Article 7 of the Berne Convention, 
had been addressed in the new Law "On the Prot ection of Copyright and Related Rights".   
212. Some Members had requested information on th e conformity of the Intellectual Property 
Rights Law No. 19/1994 with the provisions of the Berne Convention (Articles 5.2, 12, 18), 
incorporated by reference in Article 9 of the TRIPS Agreement.  A Member had noted that Article 16 
of that Law had not appeared to refer to quotations , and Article 13, listing authors' exclusive rights, 
had not included the full right of adaptation of works.   In addition, having reviewed an early draft of 
the new Law "On the Protection of Copyright and Re lated Rights", a Member noted that Article (40) WT/ACC/SPEC/YEM/5/Rev.5 
Page 76 
 
 
  of the draft did not appear to meet the require ments of Article 13 of the TRIPS Agreement.  
Yemen was asked to confine the exceptions and limita tions to exclusive rights to certain special cases 
that did not conflict with a normal exploitation of the work and did not prejudice the legitimate 
interests of the right holder.  Yemen was also requ ested to modify the draf t Law to fully meet the 
requirements of Article 18 of the Berne Convention and incorporate all types of works and objects of related rights. 
213. In reply, the representative of Yemen sai d that compliance with Article 9 of the 
TRIPS Agreement had been addressed in the new La w "On the Protection of Copyright and Related 
Rights", as approved by Parliament on 14 April 2012.  A full right of adaptation, in line with Article 12 of the Berne Convention, had also been ta ken into account.  Article (40) of the early draft 
of the Law had been redrafted to fully comply with  Article 13 of the TRIPS Agreement.  Concerning 
Article 5.2 of the Berne Convention and the mandato ry registration procedures in Articles 35-37 of 
the Intellectual Property Rights Law No. 19/1994, he said that the new Law did not include provisions on mandatory registration procedures.  The new Law also addressed the requirements of Article 18 of 
the Berne Convention, providing for protection of wo rks and objects of related rights that, at the time 
the Law entered into force, had not fallen into th e public domain in the country of origin through the 
expiry of the term of protection.  
- Trademarks, including service marks 
214. The representative of Yemen said that the Intellectual Property Rights Law No. 19/1994, the 
Decision of the Ministry of Industry and Tr ade No. 353/1995 "On Implementation of Trademark 
Regulations", and the new Law "O n Trademarks and Geographical Indications" of 21 November 2010, 
provided the legislative basis for the protection of trademarks.   
215. The Intellectual Property Rights Law defined a trademark as a mark or symbol to distinguish a 
product of an industrial, agricultural, or commercial project, an extracting industry, or to indicate the 
services of an establishment.  The Law enabled the protection of all trademarks or service marks 
except those contrary to public order or morality.  The Ministry of Industry and Trade had identified 
marks ineligible for protection as those involved in or promoting prohibited products or services, 
including alcoholic drinks, wine, sp irits and narcotics; por k products, raising pigs, and the sale of pork 
meat to the public; night clubs a nd casinos; and, pornographic material , names, or statements violating 
the culture or public order.   
216. Usage of a registered trademark required the owner's prior approval.  Trademarks had to be 
registered to be accorded protecti on.  This Law did not allow the regi stration of trademarks identical,  WT/ACC/SPEC/YEM/5/Rev.5 
 Page 77 
 
 
  similar, imitating, completely or partially transla ting, or associated with a "well-known mark" or a 
previously registered trademark.  Article 14 of the new Law "On Trad emarks and Geographical 
Indications" established opposition pr ocedures against trademark applic ations.  The new Law had been 
drafted to conform to Article 6 bis of the Paris Convention and Article 16.2 of the TRIPS Agreement.  
Article 6 of the new Law would allo w unregistered "well-known marks" to be protected in Yemen.   
217. Registration of a trademark di d not require prior use, but the mark had to be clearly 
distinguishable from other marks.  Articles 92-95 of  the Intellectual Propert y Rights Law set-out the 
procedures and steps for registration of trademarks, including the submission of an application, 
examination, publication, contestations and the issue of a registration certificate.   
218. Trademark protection was valid for ten years from the date of filing of the application, and 
renewable.  Renewals were effected in the final y ear of protection.  If no request had been received, 
the Ministry of Industry and Trade would give a wr itten notice to the owner two months prior to the 
expiry of the trademark registration, and automatic ally delete the registration of the mark if the 
registration had not been renewed within three months of its expiry.  The courts also had the right to 
delete the registration of a trademark if not used  for five consecutive years without an acceptable 
reason.   
219. Individuals engaged in commercial services or industrial activity could apply to register a 
trademark and subsequently be as signed ownership to the registered  trademark.  Trademark licence 
agreements required regist ration with the Yemeni au thorities, and a licensee could initiate trademark 
infringement cases in Yemen. 
220. The representative of Yemen said that Arti cle 39 of the new Law "On Trademarks and 
Geographical Indications" covered the relationship between trademar ks and geographical indications 
and, in his view, met the requireme nts of Article 24.5 of the TRIPS Ag reement.  Trademarks bearing a 
geographical indication would be re gistered if the mark was acquire d, in good faith, prior to the 
enforcement date of the Law or prior to the date the geographical indication wa s afforded protection in 
its country of origin.  A Member requested Yemen to provide the grounds for the owner of an earlier 
protected trademark to prevent th e protection of a confusingly simi lar or later-in-time geographical 
indication.  The right of trademark owners to assert the exclusivity of a mark should be enforceable prior to the date the geographical indica tion was applied for in Yemen rather  than the date the indication was 
afforded protection in its country of  origin or the date of enactment of the new Law.  This Member 
noted that a WTO panel report (WT/DS174) had found that Article 16.1 of th e TRIPS Agreement would 
govern the ongoing relationship between prior trademarks  and later applied for geographical indications.  
Another Member cited the grounds for refusal of prot ection of a geographical in dication as regards prior WT/ACC/SPEC/YEM/5/Rev.5 
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  trademarks in its own legislation.  Furthermore, th is Member noted that its legislation allowed for a 
trademark applied for, registered, or establishe d by use in good faith to continue to be used 
notwithstanding the registra tion of the geographical indication provi ded that no grounds for its invalidity 
or revocation existed.  Yemen was invited to exam ine these provisions and incorporate the wording of 
Article 16.1 of the TRIPS Agreement in the new draf t Law.  In response, the representative of Yemen 
said that his Government had examined the sugges tion to allow trademark owners the possibility to 
challenge later-in-time ge ographical indications in Yemen.  He added that Ar ticle 16.1 of the 
TRIPS Agreement had been incorporated in Article 22.2 of the Law "On Trad emarks and Geographical 
Indications" in compliance with the TRIPS Agreement.  
- Geographical indications, including appellations of origin 
221. The representative of Yemen said that a new Law "On Trademar ks and Geographical 
Indications" had been adopted on 21 November 2010.   
222. Some Members sought further information on Yeme n's conformity with Articles 22 and 23 of 
the TRIPS Agreement, specifically with regard to preventing false or misleading use of geographical 
indications.  Yemen was also asked to clarify how these provisions of the TRIPS Agreement would apply to certain prohibited products such as wines,  spirits and pork to avoid their illegal use as 
geographical indications for other purposes or for other products.   
223. The representative of Yemen replied that the tr ademark system currently provided interested 
parties with the legal means to prevent misleading u se of geographical indications .  He said that wines 
and spirits were not registered and protected as trademarks in Yemen.  There was no domestic 
production, importation or consumption of prohibite d items in Yemen and no justification, in his 
opinion, to offer protection for geographical indica tions connected to these products.  He added that 
geographical indications registered in Yemen for other goods were afforded protection under the new 
Law "On Trademarks and Geog raphical Indications".   
224. He said that the new Law characterized geographical indications as indications which "identify 
a good as originating, in a territory or region in Ye men or in a country which is a member to an 
international agreement to which Yemen is a party, or which treats Yemen on reciprocal basis, when 
the quality, reputation or other characteristic of these goods which influence its promotion is 
essentially attributable to its geographical origin".  Protection of a geographical indication in Yemen 
would be contingent upon its protection in the country of origin.   WT/ACC/SPEC/YEM/5/Rev.5 
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  - Industrial designs 
225. The representative of Yemen said that the Intellectual Property Rights Law No. 19/1994 
accorded protection to industrial de signs.  Articles 106-108 of the Law se t-out the procedures to register 
an industrial design.  Registered industrial designs could not be used  without prior permission of the 
owner.  Registered industrial desi gns were protected for an initial five-year term from the date of 
application.  The period of protection could be extended  for two additional five-year terms.  He said that 
the Law would be revised to take  account of Articles 26.1 and 26.3 of the TRIPS Agreement.   
226. Asked whether a design could be registered as a trademark in Yemen, he replied that the 
Law No. 19/1994 distinguished trademarks from i ndustrial designs, each with their distinctive 
definition and registration process.  The Law defined trademarks in Article 85 and industrial designs in 
Article 103 as "any original form that is characterized by novelty and serves to give a line of industrial 
production a distinctive ornamental appearance by using a particular composition of lines or colours 
or selecting a particular form, whether by machine, by hand or chemically".   
227. Having reviewed a draft of the new Law "On Industrial Designs", a Member noted that 
Article (16)(a) of the draft provided for a non-renewa ble 10 year term of protection from the date of 
filing the application.  Yemen was requested to grant protection of at  least 10 years in accordance with 
Article 26.3 of the TRIPS Agreement.  On Article (1 6)(b) of the draft Law, Yemen was asked to explain 
whether, in line with Article 26. 1 of the TRIPS Agreement, the rights provided therein extended to 
articles bearing or embodying a design which was substantially a copy of a protected design.  
Yemen was also asked to clarify the purpose and scope of the exceptions to design owners' rights 
provided for by Article (17) of the draft Law.  The draft Law appeared to provide for exceptions to the 
protection of industria l designs for scientific rese arch, training or education, and other uses which did 
not unreasonably conflict with normal use or unreasona bly infringe the owner's legitimate interests.  
This Member considered the proposed exceptions to be  too broad and vague, and it was unclear whether 
coverage was limited to designs used only for non-commercial purposes.  Yemen was requested to 
redraft this provision of the draft La w to clearly define the fair use exceptions for industrial designs.  
In addition, a Member asked Yemen to justify Articl e (18) of the draft Law providing for compulsory 
licenses of industrial designs.  Yemen was reminded that the TRI PS Agreement permitted compulsory 
licenses of patents but there was no such provision fo r industrial designs.  While taking account of the 
limited exceptions provided for in  Article 26.2 of the TRIPS Agreement, this Member noted that 
Articles (3) and (4)(c) of the dr aft Law would extend pr otection to ornamental and aesthetic designs 
having no functional or technical usage.  Yemen wa s asked to explain how the public interest would 
justify the involuntary use of protected ornamental an d aesthetic designs with no functional or technical WT/ACC/SPEC/YEM/5/Rev.5 
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  use.  Article (18) of the draft La w could, therefore, significantly unde rmine the exclusive rights of the 
right holder.   
228. The representative of Yemen replied that Article  (16)(a) and (b) of the draft Law had been 
redrafted in accordance with Article 26.1 and 26.3 of  the TRIPS Agreement.  He said that exemptions 
from protection would not be accorded to designs that  either directly or indirectly led to use for 
commercial purposes, and that Article (21) of the ne w Law would be in conformity with Article 26.2 
of the TRIPS Agreement.  In response to specific que stions on the right of applicants to claim priority 
registration of a design and the period for priori ty, he said that Yemen was a signatory of the 
Paris Convention for the Protection of Industrial Pr operty and that Article (5) of the new Law would 
address the issue of priority with  regard to industrial designs.  Concerning compulsory licensing, the 
representative of Yemen said that application of Article (18) of th e draft Law was only envisaged in 
urgent circumstances or to prevent misuse of exclusive rights by the ow ner of the design.  He added that 
Yemen would allow compulsory licens es to be issued in the public in terest based on a reasoned decision 
by the relevant minister, and upon paym ent of equitable compensation.   
229. The representative of Yemen added that the new Law "On Industrial Designs" had been adopted 
on 26 December 2010.   
- Patents 
230. The representative of Yemen said that Articles 68 to 73 of the Intellectual Property Rights 
Law No. 19/1994 defined the steps and procedures to  register inventions and grant patents.  
The Ministry of Industry and Trade was responsible  for the registration of patents in Yemen.  
However, due to lack of infrastructure and technical  capabilities, no patents had been granted to date.  
Referring to secret inventions, he said that Article 73.1 of the Law identified such inventions as not 
being registered in the patent register, but this provision had never been a pplied.  Members offered 
assistance to improve the patent registration pro cess and suggested that Yemen might benefit from 
partnering with other intellectual propert y offices such as those in the GCC.   
231. With regard to patentable subject matter, he  said that the Intellectual Property Rights Law 
only considered an invention as novel and patentable if it had not been used before.  The novelty and 
effective utility of an invention was determined in  the examination process.  Novelty was related to 
the essence of the invention and not to secondary elements of the subject matter.  The Intellectual 
Property Rights Law did not provide patent protec tion for biological methods to produce new types of 
plants and livestock, and prohibited patents for i nventions violating Shari'a and contravening public  WT/ACC/SPEC/YEM/5/Rev.5 
 Page 81 
 
 
  order or morality.  In his view, the exclusions from patentability provided for in Article 65.1 of the Law 
were compatible with Article 27.2 of the TRIPS Agreement. 
232. Some Members requested further information on th e conformity of Yemen's patent legislation 
with Articles 27, 28.1(a) and (b), 31, 33 and 34 of the TRIPS Agreement.  In reply, the representative 
of Yemen said that Articles 27, 28.1(a) and (b), 31, 33 and 34 of the TRIPS Agreement would be taken into account in revising the Intellectual Prope rty Rights Law and by drafting new legislation.  
Legislation on compulsory licensing would comply with Article 31 of the TRIPS Agreement as well 
as the WTO Decision on TRIPS and Public Health (WT/L/641).   
233. Having reviewed a draft of the new Law "On Pate nts, Utility Models, Integrated Circuits and 
Undisclosed Information", a Member noted that the non- patentable subject matter listed in Article (6) of 
the draft appeared to differ from the exceptions provided for in Article 27.2 and 27.3 of the 
TRIPS Agreement.  Article (6)(e) of the draft in dicated that natural living organs, tissues, cells, 
substances, nucleotides, blood, hormones and gen es were not inventions and not patentable.  
Article (9) of the draft required inventors to provi de evidence that any invention containing traditional 
knowledge, plant or animal ma terial was sourced in a lawful manner .  Yemen was asked to elaborate on 
the evidence required, the process for providing it, and the effect failure to provide evidence could have 
on the inventor's ability to obtain and enforce a pate nt.  Yemen was reminded th at Article 27.1 of the 
TRIPS Agreement conveyed that products and processes in all fields of technology were patentable subject matter provided the inventions met the requi rements of novelty, inventive step, and industrial 
applicability.  In reply, the representative of Yemen said that the non-patentable subject matters defined 
in Article (6) of the draft had been reviewed and checked for consistency with the exceptions indicated 
in the TRIPS Agreement.  He stated that the su bstances listed in Article (6)(e) were not human 
inventions and did not meet the requirements of novelty, inventive step, and industrial applicability.  In his view, Article (6) of the draft Law was in co nformity with Article 27 of the TRIPS Agreement.  
The draft law did not specify the evidence required, bu t the inventor would be expected to indicate that 
any traditional knowledge, plant or animal material was sourced in a lawful manner by means of an 
official document issued by the concerned authoritie s.  Evidence could be attached with the patent 
application or submitte d at a later date.   
234. In response to specific queries on the proce dures and timeframe for completing pre-grant 
opposition proceedings, he noted that Article (13) of the draft Law provided for a patent opposition 
process.  Yemen would redraft Article (13)(a) so that the written communication required for filing the opposition would state a reasoned basis for doing so.  There was no defined time-frame for the 
process as it was dependant on the individual circumstances of the case.  He said that Article (22) of WT/ACC/SPEC/YEM/5/Rev.5 
Page 82 
 
 
  the draft Law would establish the grounds for termina tion of protection of a patent, namely:  (i) the 
expiry of the term of protection;  (ii) failure to pay the annual  fees for continuation of patent 
protection; and, (iii) a court ruling to this effect.  Requests for termination could be directed to the 
courts if the patent was registered in viol ation of the provisions of the new Law.   
235. Article (17) of the draft Law granted patent owne rs the right to exclude others from using the 
patent without consent.  Concerning compulsory  licensing, a Member considered Articles (36) 
through (39) of the draft Law to go beyond the prov isions of Article 31 of the TRIPS Agreement on 
the use of patents without the authorization of the right holder.  Specifically, the draft appeared to 
permit compulsory licensing for the "development of vital national economic sectors".  Yemen was 
reminded that Article 31(b) of the TRIPS Agreement only authorized compulsory licensing in a national emergency, circumstances of extreme urgency, or in cases of public non-commercial use 
after efforts were made to obtain the permission of the patent holder on reasonable commercial terms 
and conditions.  Article (36)(c) of the draft, howev er, appeared to indicate that national emergency, 
circumstances of extreme urgency or cases of public  non-commercial use were merely three examples 
of a broader category of "public interest" grounds for compulsory licensing.  A clarification was sought on how Article (36)(c) of the draft, providing for a broad "public interest" basis for a 
compulsory licence, was consistent with Article 31(b) of the TRIPS Agreement.  Yemen was also 
asked to explain whether the requirements of Article 31(c), (e), (h), (g) and (j) of the 
TRIPS Agreement were provided for in the draft Law.  In reply, the representative of Yemen said that 
compulsory licensing for the "development of v ital national economic sectors" would not prejudice 
the legitimate rights of the patent holder and w ould be limited to public non-commercial use and cases 
of extreme urgency.  Article (36)(e) of the draft Law provided the broad "public interest" basis for a 
compulsory licence which, in his view, would be consistent with the TRIPS Agreement.  
Article (36)(c) was drafted to meet the notification requirement in Article 31(b) of the TRIPS Agreement.  His Government would modify and redraft certain provisions of the draft Law 
(Article (33)(b) and (c), Article (36)(e), (f), (h) a nd (i) and Article (37)) to be consistent with the 
requirements of  Article 31(b), (c), (e), (h), (g), (j) and (k) of the TRIPS Agreement.   
236. The representative of Yemen added that the new Law "On Patents, Utility Models, Integrated 
Circuits and Undisclosed Information" had been adopted on 12 January 2011.   
- Plant variety protection 
237. Asked whether Yemen had a sui generis  system for the protection of plant varieties in line 
with Article 27.3 (b) of the TRIPS Agreement, the representative of Yemen said that Chapter Four of  WT/ACC/SPEC/YEM/5/Rev.5 
 Page 83 
 
 
  Law No. 20/1998 "On Agricultural S eeds and Fertilizers" provided the sui generis  system and basis 
for plant variety protection in Yemen.   
- Layout designs of integrated circuits 
238. The representative of Yemen said that provisions to protect the layout designs of integrated 
circuits had been included in a new Law "On Pa tents, Utility Models, Integrated Circuits and 
Undisclosed Information", adopted on 12 January 2011.   
- Requirements on undisclosed information,  including trade secrets and test data 
239. The representative of Yemen said that the Intellectual Property Rights Law No. 19/1994 did 
not specifically protect undisclosed information, including trade secrets and test data.  Protection of undisclosed information had, however, been covered in  Chapter Four (Articles (29) to (32)) of the 
new Law "On Patents, Utility Models, Integrated  Circuits and Undisclosed Information".  
The protection of undisclosed information, including trade secrets and test data of the chemicals used 
in the preparation of pesticides would also be provided for in the implementing Regulation of 
Law No. 25/1999 "On Handling Pesticides for Plant Pests".  
240. Having reviewed a draft of the Law "On Patent s, Utility Models, Integrated Circuits and 
Undisclosed Information", a Member noted that Article (34) of the draft appeared to limit the 
information holders' rights to "preventing third pa rties from any infringing acts  of unfair competition" 
and asked how Yemen would provide for the ri ghts enumerated in Article 39.2 of the 
TRIPS Agreement, in particular the possibility of pr eventing information lawfully within the natural or 
legal persons control from being disc losed to, acquired by, or used by others without their consent in a 
manner contrary to honest commercial practices.  This Member also noted  that Article (33) of the draft 
Law appeared to authorize the disc losure of undisclosed marketing appr oval data five years after it was 
submitted to the competent authority, and requested Yemen to clarify this provision's consistency with 
the obligations of Article 39.3 of th e TRIPS Agreement.  In reply, the representative of Yemen said that 
Article (33) of the draft Law would be redrafted to  comply with Article 39.3 of the TRIPS Agreement 
by according protection of undisclosed information submitted to the competent authorities for the 
marketing approval of chemical, phar maceutical or agricultural products .  Article (34) would also be 
redrafted to give the legal holder of undisclosed information the right to prevent information from being 
disclosed to, acquired by, or used by others wit hout their consent in a ma nner contrary to honest 
commercial practices.   WT/ACC/SPEC/YEM/5/Rev.5 
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  241. The representative of Yemen added that the new Law "On Patents, Utility Models, Integrated 
Circuits and Undisclosed Information" had been adopted on 12 January 2011.  
- MEASURES TO CONTROL ABUSE OF INTELLECTUAL PROPERTY RIGHTS 
242. The representative of Yemen said that Article 81 of the Intellectual Property Rights Law and 
Article 4 of the Law No. 19/1999 "On Comp etition Promotion, Mono poly, and Commercial 
Deception Prevention" defined measures to control th e abuse of intellectual property rights.  Article 4 
of the Competition Law was, in his opinion, consiste nt with the provisions of the TRIPS Agreement.  
He added that a new Law "On Monopoly and Anti- Competitive Behaviour" was in preparation.   
243. In response to a query, he said that abusive a nd anti-competitive exercise of patent rights 
would be established pursuant to Article (36)(c) of the draft Law "On Patents, Utility Models, 
Integrated Circuits and Undisclosed Information".  He said that a decision by a patent holder to 
exclude a third party not having the owner's consen t from practicing the invention was not, by itself, 
sufficient grounds to deem the holder to be abusivel y exercising their rights or exploiting them in an 
anti-competitive manner (Article (36)(b)).  Evidence would need to be provided by the plaintiff with 
proof that reasonable and sufficient efforts were ma de to obtain the consent of the patent holder. 
- ENFORCEMENT 
- Civil judicial procedures and remedies 
244. The representative of Yemen said that Articl es 114 and 124 of the Intellectual Property Rights 
Law No. 19/1994 provided specific remedies against infringements of copyright and related rights, 
trademarks and industrial designs.  Civil and j udicial procedures were governed by the Civil 
Procedures and Enforcement Law (Articles 103, 104, 106, 217, 227-229, and 231).  Articles 16-25 
set-out the litigation procedures.  Articles 112 and 120 of the Evidence Law No. 12/1992 were 
relevant for obtaining evidence from the opposing party, but did not fully meet the requirements of 
Article 47 of the TRIPS Agreement.  He added that  in revising and drafting its intellectual property 
laws, specific remedies had been included to a ddress infringements involving geographic indications, 
patents, protection of plant varieties, integrated ci rcuits, misuse of confidential information and trade 
secrets.  Information on the existing civil judi cial procedures and remedies is provided in 
document WT/ACC/YEM/7/Rev.1.   
245. Injunctive relief was provided in accordance w ith Article 115 of the Intellectual Property 
Rights Law, upon request, through (i) the seizure an d confiscation of goods, documents and any other 
marks or objects used for imitation or counterfeitin g.  Revenue from the sale of such confiscated  WT/ACC/SPEC/YEM/5/Rev.5 
 Page 85 
 
 
  objects could be used for the settlement of damages or fines; (ii) the destruction of such objects, when 
necessary; (iii) publication of the in fringement in newspapers or other media; and, (iv) a court order 
restraining the offender from future infringements.  Article 116 of the Law allowed judicial authorities 
to seize infringing goods, appoint an expert to as sess the profits derived from illicit use, and provided 
right holders the right to request compensation for damages.  Article 304 of the Civil Law No. 14/2002 obliged infringers to compensate any damages caused, without prejudice to any other 
penalties stipulated in the laws in force, and Article 258 of the Civil Procedures and Enforcement 
Law No. 40/2002 authorized judges to order infringers to pay costs.  Furthermore, Article 64 of the 
new Law "On the Protection of Copyright and Relate d Rights" provided for urgent injunctive relief 
for a right holder to prevent any violation or infringement of his/her rights through the courts.  Measures included (i) termination of the infringement of a protected right; (ii) seizure of copies of the 
infringing work and the materials used to produce those copies; (iii) proof of the public claim for 
rhythm, acting or presentation , and discontinuation of an existing di splay or imposition of a ban in the 
future; (iv) appointment of a judicial guardian of  the disputed work who would be entrusted to 
republish, display, produce or secure copies of the work, the resulting revenue being deposited in the 
court's treasury; and (v) establishment of an i nventory of revenue resulting from publication or 
presentation by an expert appointed for that purpos e, if a lien on revenue was necessary.  He added 
that compensation for damages in intellectual prope rty cases had been included in the new intellectual 
property right laws: Article 50 of the Law "On Trad emarks and Geographical Indications"; Article 37 
of the Law "On Industrial Designs" ; Article 38 of the Law "On Patents, Utility Models, Integrated 
Circuits and Undisclosed Information"; and Artic les 79 and 80 of the Law "On the Protection of 
Copyright and Related Rights". 
246. The representative of Yemen added that the requirements of Article 45.2 of the 
TRIPS Agreement, providing for compensation of expenses, including attorney's expenses, were 
contained in Article 79 of the Law "On the Protect ion of Copyright and Related Rights".  As for 
Yemen's compliance with the provisions of Article 46  of the TRIPS Agreement, he said that the new 
Law "On the Protection of Copyright and Related Rights" allowed the courts to authorize the 
destruction of infringing articles.  Article 49 of the Law "On Trademarks and Geographical 
Indications" gave the courts the authority to dispo se of infringing goods and the tools used to produce 
these goods. 
247. In response to a specific question, he said that  the provisions of the Laws "On Trademarks 
and Geographical Indications" and "On Industrial Designs" would only exempt public authorities and 
officials from liability for actions pertaining to protection or enforcement of intellectual property rights where actions were taken in good faith (Article 48.2 of the TRIPS Agreement).   WT/ACC/SPEC/YEM/5/Rev.5 
Page 86 
 
 
  - Provisional measures 
248. The representative of Yemen said that the Inte llectual Property Rights Law No. 19/1994 and 
Articles 238-252 of the Civil Procedures and Enfor cement Law included temporary measures broadly 
consistent with Article 50 of the TRIPS Agreement.  In his view, compliance with the provisions of 
Article 50 had been fully ensured with the enact ment of the new Laws "On the Protection of 
Copyright and Related Rights", "On Trademarks a nd Geographical Indications ", and "On Industrial 
Designs", which provided Yemeni courts with the au thority to order prompt and effective provisional 
measures to prevent infringement, preserve rela ted evidence, and adopt provisional measures inaudita 
altera parte .     
249. He added that the Intellectual Property Rights Law No. 19/1994 stipulated that "the owner 
of a trademark registry certificate or industrial design may request the court to seize products, goods, 
labels and other items that have  a fake trademark or imitated industrial design or model, as a 
provisional measure until a dispute is settled by the judiciary".  A right holder could apply for provisional measures through the court system, by means of an inaudita altera parte  (ex parte)  
procedure.  According to the new intellectual propert y laws, the court could, where appropriate, take 
any precautionary measures to stop customs fro m releasing counterfeit goods without notifying the 
other party, in cases where a delay might result in damage to the right holder.  The other party was 
notified afterwards.  Pursuant to the Civil Pr ocedures and Enforcement Law, the holder of a 
temporary lien had to present the case and prove th e veracity of the claim within eight days - 
otherwise the lien would be c onsidered null and void.   
250. The Department of Intellectual Property in the Ministry of Culture was responsible for field 
inspections to seize infringing or counterfeit copies of literary and artistic works.  The level of 
administrative penalties applicable involving violations of copyright  and related rights, trademarks, 
geographical indications, industrial design, patent and undisclosed information had been specified in 
the new intellectual property laws.  The Law No . 25/1990 "On Press and Publications" contained 
supplementary penalties and temporary pro cedures pertaining to forged works.   
- Administrative procedures and remedies 
251. The representative of Yemen said that the Inte llectual Property Rights Law No. 19/1994, the 
Civil Procedures and Enforcement Law, and th e Law "On Press and Publications" provided for 
administrative procedures and remedies in co mpliance with Articles 42 through 49 of the 
TRIPS Agreement.  He added that the administra tive enforcement of intellectual property rights had 
been provided for in the new intellectual property laws.    WT/ACC/SPEC/YEM/5/Rev.5 
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  252. In accordance with Article 41(b) of the Law "O n Trademarks and Geographical Indications", 
administrative staff with the status of judicial au thority were entitled to enter and inspect shops and 
stores that sold, distributed, or produced goods b earing fake trademarks or industrial designs.  
Staff might initiate a lien and take custody of  the materials and means used in committing the 
violation.  The same procedures had been incorp orated in Article 85(b) of the new Law "On the 
Protection of Copyright and Related Rights". 
253. The Department of Intellectual Property in the Ministry of Culture was responsible for field 
inspections to seize counterfeit or fake copies of lit erary and artistic works, and to issue reports, in 
cooperation with other relevant agencies in Ye men.  Although regulations and procedures in 
connection with field inspections had not been publis hed, such inspections were initiated on the basis 
of a complaint filed by the right holder with the Department of Intellectual Property, together with 
supporting information, data, and material evidence of  the infringement.  He added that regulations 
and procedures in connection with field inspections would be published by the date of accession.   
254. He added that the law enforcement agencies coordinated closely with the executive and 
judiciary to ensure the effective enforcemen t of the Intellectual Property Rights Law.  
His Government had sought to engage all law en forcement agencies, including the police, general 
prosecutors, customs authorities, and the relevant Ministries, to coordinate in the protection and 
enforcement of intellectual property rights.  Ho wever, technical assistance, funding and capacity 
building was needed to improve enforcement.   
- Special border measures 
255. The representative of Yemen said that the new intellectual property laws would replace 
existing provisions dealing with bor der measures (Article 115 of the Intellectual Property Rights Law, 
Articles 104.6, 243, 252 and 339 of the Civil Procedures and Enforcement Law, and Articles 30 
and 223 of the Customs Law No. 14/1990).  Article  44 of the Law "On Trad emarks and Geographical 
Indications" had provided the procedures enabling the right holder to suspend the release of 
counterfeit trademark goods.  Similarly, the Law "On the Protection of Copyright and Related Rights" 
included provisions on border measures to meet th e requirements of Articles 51 through 60 of the 
TRIPS Agreement.  
- Criminal procedures 
256. The representative of Yemen said that intentiona l acts of infringement c overed by Article 124 
of the Intellectual Property Rights Law No. 19/1994 were punishable by imprisonment for a period WT/ACC/SPEC/YEM/5/Rev.5 
Page 88 
 
 
  not exceeding six months, or a fine of not less th an YRls 10,000.  These two penalties were mutually 
exclusive and without prejudice to any stricter sanctions provided for in any other law, or the right to 
claim damages.  In his view, the penalties were in accordance with Article 61 of the 
TRIPS Agreement, as either of the two punish ments constituted a sufficient deterrent, and the 
penalties were consistent with th e level of penalties applied for cr imes of corresponding gravity.  
Beyond fines and imprisonment, the Intellectua l Property Rights Law provided for supplementary 
penalties, such as the seizure, confiscation, and disposal of goods using counterfeited designs or 
marks, imitations or forgeries.  Infringers were al so prohibited from any further usage of the infringed 
intellectual property.  
257. Without prejudice to stricter sanctions provided for in any other law, Article 104 of the Press 
and Publications Law punished violations covered by its provisions with a fine not exceeding 
YRls 10,000, or by imprisonment for a period not exceeding one year.  The fine and imprisonment 
were mutually exclusive.  In his opinion, eith er of the two punishments was in accordance with 
Article 61 of the TRIPS Agreement.  The Press and Publications Law also contained supplementary 
punishment and temporary procedures pertaining to forged works, such as the closure of printing 
shops, publishing houses, or outlets dealing with  artistic works, cinematography works and 
publications; and, the provision of fair compensa tion for damages.  As a complementary punishment, 
the court could prevent the violator from practising his/her business for a period not exceeding one year.   
258. Pursuant to Articles 210 and 211 of the Crimes and Penalties Law No. 12/1994, persons 
involved in counterfeiting or forging a trademark could face imprisonment up to three years.  
This punishment applied also to those using the fo rged trademark.  Persons involved in forgery or 
counterfeiting on a commercial scale could face imprisonment up to five years.  Article 103 of the Law gave courts the authority to impound th e tools associated with the infringement.  
259. A Member noted that the existing legislation and the draft laws in preparation did not appear 
to provide for criminal procedures and penalties suff icient to act as a deterrent for wilful trademark 
counterfeiting or copyright piracy on a commercia l scale.  Yemen would also need to allow for 
seizure, forfeiture, and the destruction of infringing goods and of any materials or implements used to 
produce these goods on a commercial scale.  Yemen w as requested to identify provisions in Yemeni 
Law that would meet these requirements in accordance  with Article 61 of the TRIPS Agreement.   
260. In reply, the representative of Yemen said that the new Laws "On the Protection of Copyright 
and Related Rights" and "On Trad emarks and Geographical Indicati ons" allowed, as appropriate, for 
the seizure, forfeiture, and destruction of infringin g goods and of any materials or implements used,  WT/ACC/SPEC/YEM/5/Rev.5 
 Page 89 
 
 
  thereof and provided for imprisonment and dete rrent level penalties for wilful trademark 
counterfeiting and copyright piracy.  In his view, th ese provisions were consistent with Article 61 of 
the TRIPS Agreement.   
261. For the reasons given above, the representative of Yemen requested that the Working Party 
grant a transitional period to 31 December 2016 to obtain technical assistance and equip the administration to implement fully the obligations of the TRIPS Agreement.  The representative of 
Yemen confirmed that should a transition be gran ted for the implementation of the WTO Agreement 
on TRIPS, his government was prepared to unde rtake the following commitments.  During the 
transition periods in the Action Plan for full impl ementation of the TRIPS Agreement, Yemen would 
fully apply Articles 3, 4 and 5 of the Agreement that provide for, inter alia , national treatment and 
MFN treatment under current legislation in place.  Ye men would also ensure that any change made in 
its laws, regulations and practice during this period will not resu lt in a lesser degree of consistency 
with the provisions of the TRIPS Agreem ent that existed on the date of accession. 
262. The representative of Yemen further confirme d that, should a transition be granted, his 
Government would ensure that existing rates of in fringement would not significantly increase and that 
any infringement of intellectual property rights w ould be addressed immediately in cooperation with 
the assistance from affected right ho lders.  He further confirmed that during the transition period, the 
proper authority for obtaining permission to use pl ant or animal material or traditional knowledge 
would be specifically identified so that patent app licants could comply with the procedure set-out in 
Article 9 of Yemen's Patent Law.  The representativ e of Yemen also confirmed that Article 33(b) of 
the Patent Law was limited to practices determined after judicial or administrative procedures to be 
anti-competitive, in compliance with Article 31 of the TRIPS Agreement, and that Article 33(b) would continue to be interpreted in this manner.  Furt hermore, he also committed to delete Article 39 of 
Law No. 23/2010 "On Trademarks and Geographical I ndications", that read "A trademark containing 
a geographical indication may be registered if the right to such trademark has been acquired in good 
faith before enforcement date of this Law, or be fore such a geographical indication had been granted 
protection in the country of origin".  This Article would be deleted at the latest by the end of 2013.  
In addition, the Yemeni representative addressed four  specific points regarding the Copyright Law.  
First, he confirmed that by December 2014, Yeme n will amend its Copyright Law No. 15 of 2012 to 
provide national treatment expressly for works of foreign nationals from non-Berne member countries 
whose works are first published in a Berne count ry, as well as for work s of non-Berne member 
nationals who are domiciled in a Berne country.  Second, Yemen committed to further clarify in the 
implementing regulations to the Copyright Law No. 15 of 2012 that law enforcement officials have 
the authority to conduct initial searches in order to discover evidence of commercial copyright WT/ACC/SPEC/YEM/5/Rev.5 
Page 90 
 
 
  infringement prior to any subsequent judiciar y procedure for seizure.  Third, the Yemeni 
representative confirmed that by December 2014 Yeme n will clarify in the implementing regulations 
to Copyright Law No. 15 of 2012 that "small consignm ents" (referred to in Article 76 on shipments of 
copyrighted works of a non-commercial nature) are defined as "three or less copies".  Finally, the 
representative said that Yemen will allow WTO Members to review the draft implementing regulations and any draft revisions to Copyright  Law No. 15 of 2012 prior to their enactment.  
He added that Yemen would seek out all available t echnical assistance to ensure  that its capacity to 
fully enforce its TRIPS-consistent legal regime upon expiration of the transition periods was assured 
and that Yemen would make available all legislati on in promulgated form to WTO Members so that 
TRIPS-consistency could be confirme d.  In response to requests from delegations for more specificity, 
the representative of Yemen presented an action plan setting-out details of the steps that still remained 
to be taken in order to achieve this objec tive and a timetable for each step (Table 23). 
Table 23:  Action Plan for the Implementation of the Agreement on Trade-Related Aspects of 
Intellectual Property Rights 
Action Time-frame 
Copyright and Related Rights: 
- Reviewing Law No. 19/1994 on Intell ectual Property (Copyright and 
Related Rights). 
 
Drafting revised Copyright and Related Rights Law. 
 
- Consultation on the draft Copyright and Related Rights Law; 
- Review by the Ministry of Legal Affairs; and 
- Endorsement by the Council of Ministers. 
 
- Approval of Copyright and Rela ted Rights Law by Parliament. 
- Issuance of Presidential Decree.  
Done 
 
 
Done 
 
Done 
Done 
Done 
 
Done 
Done  
Membership to the Berne Convention for the Protection of Literary and Artistic 
Works (1971). Done.  Member since 14 April 2008. 
Training of technical personnel in copyri ght and related rights protection as well 
as customs officials, polic e, judges and lawyers. Continuous. 
Establishment of Copyright and Re lated Rights Information Centre. 2014 
Reorganization and establis hment of Copyright and Related Rights Office. 2014 
Computerization of Copyright and Related Rights Office. 2014 
Developing copyright and related ri ghts regulations and work manuals. 2014 
Enhancing public awareness on the protect ion of copyright and related rights. Continuous. 
Industrial Property: 
- Reviewing Law No. 19/1994 on Intellectual Property 
 (Trademarks, Industr ial Designs, Patents) 
 
Drafting laws to protect: 
- Trademarks and Geographical Indications; 
- Industrial Designs; 
- Patents; 
- Undisclosed Information; 
- Layout - Design of Integrated Circuits; and 
- Anti-Competitive Practices in Contractual Licenses. 
 
- Consultation on the draft Industrial Property laws; 
- Review by the Ministry of Legal Affairs; and 
- Endorsement by the Council of Ministers.  
Done. 
 
 
Done. 
 
 
 
 
 
 
 
Done.  
Done. 
Done.  WT/ACC/SPEC/YEM/5/Rev.5 
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  Action Time-frame 
 
- Approval of the Industrial Pr operty laws by Parliament. 
- Issuance of Presidential Decree: 
- Trademarks and Geographical Indications;  
- Industrial Designs;  
- Patents, Utility Models, Integr ated Circuits and Undisclosed 
Information.  
Done 
 
Done 
Done 
Done 
Membership to the Paris Convention for the Protection of Industrial Property 
(1967). Done.   
Member since 15 November 2006. 
Training of technical personnel in Indus trial Property protection as well as 
customs officials, polic e, judges and lawyers. Continuous. 
Establishment of Industrial Property Information Centre. 2013 
Reorganization and esta blishment of Industrial Property Office. 2013 
Computerization of Indus trial Property Office. 2013 
Developing industrial property regulations and work manuals. 2014 
Enhancing public awareness on the prot ection of industrial property rights. Continuous. 
Full implementation of the Agreement on Trade-Related Aspects of Intellectual 
Property Rights (except with respect to  patents and undisclo sed information of 
pharmaceutical products covered by the Doha Declaration on TRIPS and Public 
Health). 31 December 2016 
263. The representative of Yemen confirmed th at Yemen would apply the Agreement on 
Trade-Related Aspects of Intellectual Property Rights no later than 31 December 2016 according to 
the Action Plan in Table 23 with the understanding that during this period protection for intellectual 
property rights listed in paragraphs  261 and 262 would be applied in Yemen.  The Working Party took 
note of this commitment.   
VI. POLICIES AFFECTING TRADE IN SERVICES 
264. The representative of Yemen said that the services sector employed over 32 per cent of the 
work force and was estimated to account for approximately 36 per cent of GDP in 2008.  The main 
sub-sectors were transportation, communications, storage, wholesale and retail trade, real estate, construction, insurance and financial services.  Trad e in services was mainly operated by the private 
sector.  However, his Government was the exclus ive supplier of televisi on, radio and fixed-line 
telephone services.   
265. Several Government departments and bodies were involved in the regulation of services.  
The Ministry of Industry and Trade was responsible for insurance and certain professional services; the 
Central Bank of Yemen supervised banking services; the Ministry of  Communications was responsible 
for telecommunications and postal services; the Mini stry of Social Affairs and Labour regulated the 
movement of natural persons; the Ministry of E ducation was responsible fo r educational services; 
the Ministry of Public Health and Population for health services; the Mi nistry of Transport and Maritime 
Affairs for land, air and sea transportation; the Mi nistry of Public Works and Urban Development was 
responsible for engineering and construction serv ices; the Ministry of Tourism and Environment 
regulated tourism and environmental services; and, the Ministry of O il and Minerals was responsible for WT/ACC/SPEC/YEM/5/Rev.5 
Page 92 
 
 
  services related to petroleum product s.  Other bodies and professional as sociations playing a role in the 
regulation of services included the General Author ity for Maritime Affairs, the General Authority for 
Civil Aviation and Meteorology, the Environment Protection Authority, the Syndicate of Medical 
Doctors and Pharmacists, the Syndicate of Dentists, the Syndica te of Lawyers, the Association of 
Tourism and Travel Agencies, the Hotels Union and Hotels Association, the Association of Chartered 
Accountants, the General Federation for Chambers of Commerce and Industry and the Insurance Union.  
266. The representative of Yemen said that the Ministry of Social Affairs and Labour issued work 
permits to foreigners upon request from their empl oyers. Entry visas were subsequently granted in 
accordance with the issued work permit.  A work permit was valid for one year and could be renewed 
annually for up to five years against a fee of YRls 12,000, stipulated in the Cabinet Decision and Labour 
Law No. 5/1995.  In his opinion, the fee was nomina l and did not cover fully the administrative costs 
incurred.  In addition to the work permit fee, YR ls 5,000 was collected for a vocational training fund 
established to train workers in the private sector.   
267. The procedures and criteria for foreigners to ob tain licenses and provide  professional services 
were governed by various laws, including the Lawyers' Profession Law No. 31/1999, the Medical 
Professions and Assisting Medi cal Professions Law No. 26/2002,  and the Auditing Accounts 
Law No. 26/1999.  These Laws established standards and regulated the particip ation or involvement of 
foreign professionals in the respecti ve professions.  The criteria for obtaining professional licenses were 
the same for Yemeni and foreign pr ofessionals.  The criteria were publ ished in the Offi cial Gazette.  
The requirements (documentation, fees, and processing time) to obtain a licence varied with the type 
of professional service.   
268. Regarding legal services, Article 59 of the Lawyers' Profession Law No. 31/1999 stipulated 
that services related to the submission of claims or  pleas before a court of law were limited to lawyers 
who were Yemeni nationals.  Foreign lawyers were  not permitted to practi ce law except through a 
licensed Yemeni lawyers' office; by permission from th e Minister of Justice; and, provided they did not 
plead in more than two cases per year.  Furthermore, Yemen required reciprocal treatment from the 
home country of the foreign lawyer.  Legal consul tancy services not involvi ng pleading in Yemeni 
courts could be provided by forei gn lawyers and legal service provider s if they operated with Yemeni 
participation as a joint venture or through a licensed Yemeni office.  The representative of Yemen 
confirmed that, upon accession, all market access and national treatment limitations on legal advisory 
services in foreign law and internat ional law, other than general Mode 4 limitations, would be removed.  
269. Yemeni accounting and auditing firms were granted licenses to practice pursuant to the 
Auditing Accounts Law No. 26/1999, if certain conditions  were met.  The company had to be a general  WT/ACC/SPEC/YEM/5/Rev.5 
 Page 93 
 
 
  partnership with its head office in Yemen, all partne rs had to be chartered accountants with licenses to 
practice, and the chartere d accountant could not practice privately or be a partner of more than one 
accounting firm.  Foreigners (natur al or legal persons) had to fulfill certain additional requirements to 
obtain a licence to provide accounting and auditing  services in Yemen.  Among the requirements, 
foreigners were obliged to take one or more Yeme ni chartered accountant as partner(s); all partners 
had to be registered, and the partnership contract had to be submitted to the competent authorities in 
Arabic; the foreign partner(s) had to be licensed to practice as an auditor or accountant in his/her 
home country; at least one of the managers had to be  a Yemeni partner and at least two thirds of the 
technical staff working in the firm had to be Yeme ni nationals.  The Ministry of Industry and Trade 
issued licenses on the basis of recommendations ma de by the Chartered Accountants Certification 
Committee.  The registration fee amounted to YRls  10,000, and the licence fee was YRls 25,000.  
On average, applications were pr ocessed and examined within three weeks.  The representative of 
Yemen confirmed that foreign accounting and auditi ng firms legitimately established in Yemen were 
not restricted in supporting their services from office s outside of Yemen.  This  treatment also applied 
to architecture, engineering, integrated engineeri ng, urban planning and landscape architecture service 
suppliers.  
270. Concerning management consulti ng and related services, he said that foreign management 
consulting companies were eligible to set up bran ches in Yemen in accordance with the provisions of 
Law No. 23/1997 "On Regulating Foreign Houses and Companies Representation". 
271. Regarding telecommunications services, a monopoly venture with Cable and Wireless 
Limited had expired at the end of 2003 and his Go vernment was currently the exclusive provider of 
international telecom services (through TeleYemen).  The Ministry of Telecommunications and Information Technology had concluded a five-year management contract with France Telecom.  
The national telecommunication services (PSTN) netw ork was operated exclusively by the Public 
Telecommunications Corporation.  International and national telecommunica tion services via satellite 
were provided by TeleYemen and the Public Te lecommunications Corporation, respectively.  
However, mobile telecommunications services, including international mobile personal telecommunications services via satellite (GMPCS), were  open to foreign participation.  Further, the 
representative of Yemen confirmed that all market  access limitations on telecommunications would 
be lifted by 1 January 2015 in accordance with Ye men's Services Schedule.  Satellite dishes were 
permitted for receiving signals for radio, television a nd the Internet.  Internet service providers were 
granted licenses pursuant to Cabinet Decision No. 4/ 2001 to establish and provide internet services on 
a competitive basis.  The internet service providers  were required to rent transmission links from the 
Public Telecommunications Corporation.  He a dded that Yemen had no legislation regulating WT/ACC/SPEC/YEM/5/Rev.5 
Page 94 
 
 
  electronic commerce, and further confirmed that Yemen would not impose market access or national 
treatment restrictions on the purchase of goods via the Internet. 
272. Yemen did not intend to revise its policies rega rding the acquisition of land rights by foreign 
investors.  Mode 3 retail services were reserved for Yemeni nationals or Yemeni legal entities, 
including joint ventures. 
273. Banking services were governed by Law No. 14/2000 "On the Central Bank of Yemen", 
Law No. 38/1998 "On Banks", Law No. 21/1996 "On Islamic Banks", and Regulation No. 2/1997 
"On Provisions and Procedures for Granting Licenses for Banking Activities".  Foreign equity was 
limited to 60 per cent in commercial banks.  The representative of Yemen stated that under Yemeni 
corporate law, full management control could be exercised by investors holding 60 per cent of voting 
shares in a company.  The purpose of the equity cap  was to encourage the pa rticipation and ownership 
of Yemeni nationals in banking activities.   
274. Foreign-owned banks were treated on par with locally-owned banks.  No limitations applied 
in the scope of business operations of foreign ba nks in either commercial or Islamic banking.  
A foreign bank could obtain a licence from the CBY to provide banking services by applying to the 
Governor of the CBY.  The application to open a br anch or office of the foreign bank was reviewed, 
and based on technical recommendations and the rating by an international rating agency, a temporary 
licence was issued.  A final licence was approved and issued by the Board of Directors of the CBY 
provided the minimum designated capital (for bot h foreign-owned and locally-owned banks) of 
YRls 6 billion had been transferred.  The repres entative of Yemen stated that other prudential 
requirements relating to the establishment of forei gn-owned banks or branches of foreign banks would 
be applied on a non-discriminatory basis.  The wo rk plan, including budget estimates, should cover 
the first three years of operation from the proposed date of commencement.  The CBY also evaluated 
the suitability of the proposed offi ce or branch premises of the new bank considering its location, the 
availability of a fully protected room for the safekeeping of money and documents, as well as the 
bank's outfitting. 
275. Some Members of the Working Party asked whether Yemen planned to authorize the 
participation of foreigners in security underw riting, commodity brokerage services and currency 
exchange operations.  In response, the representativ e of Yemen stated that Yemen currently did not 
regulate securities trading, money broking, asset ma nagement or clearance and settlement services, 
but agreed to permit foreign firms to engage in such businesses, on a non-discriminatory basis, when 
such businesses were authorized and regulated.     WT/ACC/SPEC/YEM/5/Rev.5 
 Page 95 
 
 
  276. Foreign equity participation in Yemeni insura nce and re-insurance companies was limited to 
25 per cent in accordance with Law No. 37/1992 "On Supervision and Mon itoring of Insurance 
Companies and Brokers" and Law No. 9/1997.  No benefits or privileges were extended to the 
State-owned insurance companies.  Subject to approva l of the Minister of Industry and Trade, Yemeni 
nationals were allowed to purchase insurance offs hore when local insurance companies were unable 
to provide the required coverage.  No more than 50  per cent of the total coverage could be purchased 
overseas.  The representative of Yemen confirmed that, upon accession, all market access and national 
treatment limitations would be removed for reinsu rance, retrocession, inte rmediation and auxiliary 
insurance services.  Furthermore, three years after accession, Yemen would permit branching for 
direct insurance, and cross border market access for MAT insurance.  The representative of Yemen 
confirmed that Yemen would not impose limitations on national treatment in these areas.  
277. As for tourism, the representative of Yemen said  that the tourism sector employed more than 
40,000 people, and accounted for about 2 per cent of Yemen's GDP.  Between 2000 and 2004, annual 
income and receipts from tourism had amounted to US$105 million.  His Government sought to 
strengthen the forward and backward linkages of tour ism with other sectors of the economy; generate 
employment opportunities; increase foreign exchange in flows; develop new regions  or sites as tourist 
areas; promote ecological and cultural tourism; and, improve the quality of tourism services in Yemen. 
278. Asked about privatization in the maritime transportation sector, he said that the Ship Dock 
Yards Company was the only entity in  the process of privatization.   
VII. TRANSPARENCY 
- Publication of information on trade  
279. Some Members requested further information on Yemen's implementation of the transparency 
requirements prescribed in Article X of the GATT 1994, Article III of the GATS, and other 
transparency-related provisions in the WTO Ag reements, and Yemen's ability to ensure the 
publication of all relevant legislation or regul ations related to the implementation of the 
WTO Agreements from the date of accession.  If Yemen had no law requiring the Government to seek public comment on draft laws and regulations, and th e provision of draft laws and regulations to 
interested parties for comment was not common pr actice, Yemen was requested to explain how it 
would implement its obligations under the WTO Agreements.   
280. The representative of Yemen replied that all laws were published in the Official Gazette 
pursuant to the Constitution and Law No. 27/1993.  Laws were circulat ed within two weeks of issue, WT/ACC/SPEC/YEM/5/Rev.5 
Page 96 
 
 
  and entered into force 30 days after the date of publication.  The Official Gazette was distributed 
widely and was available to all governmental bodies and authorities at the local and central level.  
The Official Gazette was also available to the ge neral public through annual subscriptions or direct 
sales at reasonable prices from bookshops, newssta nds, and Government offices.  Although his 
Government was not legally required to give the public an opportunity to review draft laws and 
regulations, the public was regularly involved in th e process of drafting legisl ation through meetings, 
seminars and workshops, and their views were taken into account.  He stated that Yemen would abide 
by the transparency-related provisions in the WT O Agreements, and would ensure the publication of 
all relevant legislation or regula tions related to the implementation of the WTO Agreements from the 
date of accession.   
281. The representative of Yemen confirmed th at, upon accession, Yemen would fully and 
promptly implement Article X of the GATT 1994, Article III of the GATS, Article 63 of the 
TRIPS Agreement, and other transparency provisio ns in the WTO Agreements requiring notification 
and or publication.  He further confirmed that no law, regulation, judicial decision, administrative 
rulings, or other measures of general application pe rtaining to or affecting trade in goods, services and 
TRIPS would become effective prior to its publica tion in the Official Gazette.  The publication of 
such laws, regulations and other measures would in clude the effective date of these measures and list 
the products and/or services affected by the particul ar measure.  The Working Party took note of these 
commitments. 
- Notifications  
282. The representative of Yemen confirmed that, at the latest within six months of the entry into 
force of the Protocol of Accession, Yemen woul d submit all initial notifications required by the 
WTO Agreement.  Any laws, regulations, or othe r measures subsequently enacted by Yemen, and 
which were required to be notified pursuant to the WTO Agreement, would also be notified in a time 
and manner consistent with WTO requirements.  Th e Working Party took note of these commitments. 
VIII. TRADE AGREEMENTS 
283. The representative of Yemen said that his Gove rnment had signed a Free Trade Area (FTA) 
Agreement with Iraq in August 2001.  Following the ratification of this FTA in June 2002, all goods 
originating in Iraq and Yemen should enjoy duty-free treatment in bilateral tr ade.  However, this 
agreement had not yet been fully implemented in pr actice.  Yemen was also a party to a preferential 
Economic, Trade, Investment and Technical Cooperation Agreement with the Kingdom of 
Saudi Arabia, signed in August 1996, and in for ce since August 2000.  Under the terms of this  WT/ACC/SPEC/YEM/5/Rev.5 
 Page 97 
 
 
  Agreement about 85 per cent of Yemen's exports to Saudi Arabia had been exempted from customs 
duties and non-tariff restrictions in 2001.  At pr esent about 6.4 per cent of the tariff lines had been 
fully liberalized under this Agreement.  Yemen has become a Member of the Greater Arab Free Trade 
Area in 2005.   
284. Goods not covered by the FTA with Iraq and the preferential trade agreement with the 
Kingdom of Saudi Arabia included products prohib ited for religious, environmental or security 
reasons in accordance with the laws and regul ations of Yemen, Iraq and the Kingdom of 
Saudi Arabia.  Products originating in the free z ones of these countries were also excluded from the 
preferential arrangements.  Iraqi exports to Yemen required a minimum of 40 per cent 
Iraqi value-added to confer origin status, while the exports of Yemen, as an LDC, required only 
20 per cent local value-added to qualify for duty-free treatment under the FTA.  Under the preferential 
agreement with the Kingdom of Saudi Arabia, Ye meni exports required minimum 40 per cent local 
value-added to qualify for exemptions from custom duties and non-tariff restrictions.   
285. Asked about the notification of Yemen's pref erential arrangements, the representative of 
Yemen stated that the existing preferential trad e agreements had been concluded with other 
developing countries in accordance with the Enabling Clause.   
CONCLUSIONS 
286. The Working Party took note of the explanations and statements of Yemen concerning its 
foreign trade regime, as reflected in this Report.  The Working Party took note of the commitments 
given by Yemen in relation to certain specific matt ers which are reproduced in paragraphs 42, 45, 57, 
59, 68, 75, 80, 86, 88, 92, 93, 107, 115, 122, 125, 128, 130, 135, 148, 165, 178, 180, 184, 188, 197, 
263, 281, 282 of this Report.  The Working Party took note that these commitments had been 
incorporated in paragraph 2 of the Prot ocol of Accession of Yemen to the WTO. 
287. Having carried out the examination of the forei gn trade regime of Yemen and in the light of 
the explanations, commitments and concessions made  by the representative of Yemen, the Working 
Party reached the conclusion that Yemen be invited to accede to the Marrakesh Agreement 
Establishing the WTO under the provisions of Article  XII.  For this purpose, the Working Party has 
prepared the draft Decision and Protocol of Ac cession reproduced in the Appendix to this Report, 
and takes note of Yemen's Schedule of  Concessions and Commitments on Goods 
(document WT/ACC/YEM/.../Add.1) and its Sche dule of Specific Commitments on Services 
(document WT/ACC/YEM/.../Add.2) that  are annexed to the draft Protocol.  It is proposed that these 
texts be adopted by the General Council when it adopts the Report.  When the Decision is adopted, WT/ACC/SPEC/YEM/5/Rev.5 
Page 98 
 
 
  the Protocol of Accession would be open for acceptance by Yemen which would become a Member 
30 days after it accepts the said Protocol.  The Working Party agreed, therefore, that it had completed 
its work concerning the negotiations for the accession of Yemen to the Marrakesh Agreement 
Establishing the WTO.    WT/ACC/SPEC/YEM/5/Rev.5 
 Page 99 
 
 
  ANNEXES 
Laws, Regulations and Other Information Provided to the Working Party of Yemen 
- Law No. 14/2000 "On the Central Bank of Yemen"; 
- Law No. 38/1998 "On Banks"; 
- Law No. 21/1996"On Islamic Banks"; 
- Republican Decree "On Law No. 19/1995 Pertaining to Money Exchange"; - Law No. 22/2002 "On Investment"; - Investment Law No. 15/2010; - Draft Investment Law; 
- Law No. 24/2002 "On Mines and Quarries"; 
- Law No. 45/1999 "On Privatization"; - Republican Decree "On Law No. 19/1999 C oncerning Competition Promotion, Monopoly, 
and Commercial Deception Prevention"; 
- Law No. 4/2000 Concerning the Local Authority; - Ministerial Decision No. 314/1996 "On Granting Commercial Registration, Import 
Category"; 
- Republican Decree on Law No . 32/1991 "On Commercial Law"; 
- Commercial Registrar Law No. 33/1991 (Article 11); - Law No. 22/1997 "On Commercial Companies"; - Law No. 1/2008 "On Amending Article No. 28 of Law No. 23/1991 with Respect to Trade 
Law"; 
- Request for an Approval to Import Agricultural Fertilizers; - Law No. 14/1990 "On Customs"; - Draft Amendments "On Some Articles of the Customs Law No. 14/1990"; - Draft Decree of the Prime Minister "Concerning Customs Valuation According to Article VII 
of the GATT"; 
- Law No. 19/2001 "On General Sales Tax"  and amendments in Law No. 42/2005; 
- Draft Law "On Safeguards and National Pr oduction Protection from Impacts of Harmful 
International Trade Practices"; 
- Republican Decree Law No. 127/1997 "On the Fo rming of the Supreme Council for Exports -
Development and its Technical Office"; 
- Law No. 44/1999 "On Standardization, Metrology and Quality Control"; 
- Summary of Decision No. 21/2003 "On Regulating By-Law of YSMO and its Branches in the 
Governorates"; 
- Decision No. 3/2001 "On Issuance of Conformity Certificate to Metrological Standards 
By-Law"; 
- Decision No. 9/2009 with YSMO Regulation "On Inspection Charges Levied on Imported 
Goods"; 
- Decision No. 11/2001 "On Approving YSMO Quality Mark for National Products"; 
- Decision No. 13/2001 "On Regulations of Speci al Rules and Procedures to Inspection and -
Check Processes for Local and Imported Goods and Products"; 
- Decision No. 2/2003 "On By-Law of Evaluati ng Conformity of Goods and Enterprises to 
Accredited Metrological Standards"; 
- Decision No. 27/2006 "On By-Law of Granting Yemeni Quality Mark"; - Chairman's Decree No. 6/2008 "On the By-Law for the Preparation of the Yemeni 
Standards"; 
- Draft Chairman's Decree "On the Regulation to Set Yemeni Standards"; 
- Conformity Certificate; 
- Guidelines for the International C onformity Certification Programme; 
- Law No. 32/1999 "On Plant Quarantine"; - Law No. 17/2004 "On the Organization and Protection of Livestock"; WT/ACC/SPEC/YEM/5/Rev.5 
Page 100 
 
 
  - Law No. 13/2002 "On Control of Food and its Circulation"; 
- Republican Decree By-Law No. 38/1992 "On Control of Food and its Circulation"; - Yemeni Standard No.794/2004 "On Requireme nts for Animal Slaughtering, in Accordance 
with the Provisions of Islamic Shari'a"; 
- Health Certificate for Export of Bovine Meat; 
- Law No. 4/1993 "On Free Zones"; - Law No. 3/1997 "On Government  Bids, Tenders and Warehouses"; 
- Draft Law "On the Protection of Copyright and Related Rights"; - Ministerial Decision No. 353/1995 "On Impl ementation of Trademarks Regulations"; 
- Draft Law "On Trademarks and Geographical Indications"; 
- Draft Law "On Industrial Designs"; - Draft Law "On Patents, Utility Models, La yout-designs of Integrated Circuits and 
Undisclosed Information"; 
- Article 304 of the Civil Law No. 14/2002; - Civil Procedure and Enforcement Law No. 40/2002; 
- Articles 26, 103, 210 and 211 of th e Crimes and Penalties Law No. 12/1994; 
- Republican Decree Law No. 12/1994 "On Crimes and Penalties"; - Republican Decree "On Law No. 5/1995 'On Labour Law'";  - Law No. 26/1999 "On Auditing of Accounts";  - Law No. 31/1999 "On Regulation of Lawyers' Profession"; 
- Law No. 26/2002 "On Medical and Pharmaceutical Profession"; 
- Republican Decree "On Law No. 38/1991 Pertaining to Wired and Wireless 
Telecommunication", as amended; and 
- Republican Decree "On Law No. 37/1992 'O n Supervision and Control of Insurance 
Companies and Agents'", as amended.  WT/ACC/SPEC/YEM/5/Rev.5 
 Page 101 
 
 
  Table 3:  State-owned Enterprises 
Enterprise State 
Shareholding 
(per cent) Capital 
(Million 
Rial) Area of 
Specialization Supervising Agency/ 
Ownership Chairman of 
the Board 
Public 
Telecommunication 
Corporation 100  Provision of 
telecommunication 
services  Ministry of 
Telecommunication  Kamal 
Aljabri 
Public Corporation of Water and 
Sanitation  100  Water distribution 
and sanitation  Ministry of Water 
and Environment  Ibrahim Al 
Mahdi 
Public Electricity 
Corporation 100  Electricity 
generation and 
distribution  Ministry of 
Electricity  Dr.  Mustafa 
Bahran 
Public Cement Manufacturing and Marketing 
Corporation 100 400 Manufacturing and 
marketing of cement  Ministry of Industry 
and Trade Amin Al 
Shaibani 
Public Textile and Clothing Corporation 100 200 Manufacturing of 
textile  Ministry of Industry 
and Trade Mohamed 
Hajeb 
Yemen Insurance 
and Re-Insurance 
Company 100  Insurance services  Ministry of Finance  Ahmed Ali 
Haddash 
Yemen 
International 
Telecommunication 
Company 
(TeleYemen) 95  Provision of 
international 
telecommunication 
services  Ministry of 
Telecommunication Kamal 
Aljabri 
Marib Poultry Company 68 190 Production of eggs 
and importation of production inputs 
(e.g. feedstuff, 
vaccines) Ministry of Industry 
and Trade.   Dr.  Hassan 
Alfwsail 
Yemen Airways  51  Aviation  Ministry of 
Transportation  Abdul Khaliq 
Al Qadi 
The Yemen Bank 
for Construction 
and Development  51 1,250 Banking services  Ministry of Finance  Abdullah 
Salem Al 
Jefri 
Yemen Libyan Holding Company 50 US$50 
million Investment  Yemen Libyan 
Holding Company Abdullah 
Mohammed 
Esshaq 
Yemeni Kuwaiti 
Real Estate Development 
Company 42 276 Real estate  Yemeni Kuwaiti 
Real Estate Development 
Company Khalid Al 
Obaidi 
National Tobacco and Matches 
Company 41.5 600 Manufacturing of 
cigarettes and 
matches  Ministry of Industry 
and Trade Tawfeeq Al 
Ahmer 
Marib Insurance Company 37 100 Insurance  The Yemen Bank for 
Reconstruction and Development  Ali Hashim 
Saba Insurance 
Company 9 100 Insurance   Mohamed 
Mustafa 
Arab Insurance 
Company 4 100 Insurance   Adel 
Albanna 
 WT/ACC/SPEC/YEM/5/Rev.5 
Page 102 
 
 
  Table 4:  Privatization  
Enterprise Status 
I. Projects subject to Privatization 
Industrial Sector 
General Corporation for Salt, Aden Evaluated 
Biscuit and Candy Factory, Ad en Privatized, ownership tran sferred to private sector 
Automatic Bakery, Aden Privatized, owne rship transferred to private sector 
Dairy  Factory, Aden Liquidated 
Canada Dry Factory, Aden Re situated to original owner 
National Tanning Factory, Aden Resituated to original owner 
Tomato Paste Factory, Lahj Liquidation in progress 
Textile and Spinning Factory, Aden Privatization approved though leasing 
National Company for Aluminium Manufacturing, 
Aden Evaluation decision issued for privatization 
National Company for Sponge and Metal Furniture 
Ltd., Aden Privatized and sold to private sector 
Al Thawra Metal Products Privatized, ow nership transferred to private sector 
The Public Bakery  Equipment sold land leased for other purposes 
Public Corporation for Industrial Estate Liquidation in progress 
Yemen Salt and Gypsum Mining and Marketing Co. Privatized, ownership transferred to its employees 
Leather Shoe Factory Land and building resituated to original owner and 
equipment sold 
Leather Products Cooperative  Land and building resituated to original owner and 
equipment sold 
Martyrs' Garments Factory Land and building resituated to original owner and 
equipment sold 
Vegetable Oil Factory Equipment so ld, land leased for 30 years 
Soap Factory Equipment sold 
Women's sewing Cooperative Liquidation 
Emulsion and Paints Company Privatized 
Agricultural and I rrigation Sector 
General Company for Potato Seed Production, 
Dhammar Evaluation study approved, privatization in progress 
General Company for Vegetable Seed Production, 
Saiyoun Privatized, ownership transf erred to private sector 
Agricultural Machinery Rental Station, Saiyoun Pr ivatized, ownership transferred to its employees 
General Corporation for Digging Well Liquidated 
Dates Packing Unit, Saiyoun Liquidation in progress 
General Cooperation for Agricultural Services Evaluation study has approved, privatization 
procedures under progress 
Dar Sa'ad Poultry Liquidated 
Transport Sector 
General Corporation for Land Transport Ev aluation privatization is in progress 
Aden Dockyards  Study in progress 
Airport Ground Handling Services  
Fishery Sector 
Central Unit for Maintenance and Services Study in progress  
Shograh Fish Canning Factory, Abyan Announced publicly for privatization, no offers 
received negotiation in progress for the sale of 
factory  
Port of Nashtonne, Al-Mahra Privatization approved through leasing   WT/ACC/SPEC/YEM/5/Rev.5 
 Page 103 
 
 
  Enterprise Status 
Trade Sector 
Consumption Society for State, Public, and Mixed 
Sector Employees Liquidation 
General Corporation for Foreign Trade and Grain Liquidation in progress 
Public Corporation for Building Material Trade/Aden Liquidation in progress 
Public Corporation fo r Textile and Electric 
Supplies/Aden Liquidation  
Yemen Company for Free Trade (Al-Na sr)/Aden Liquidation in progress 
Al-Hudaidah Grain Silos Company, Al-Hudaidah  Has been privatized and sold to private sector  
Public Corporation for Building Material Trade in 
Lahej, Abyan, Shabowah, and Hadramout Liquidation in progress  
Banking Sector 
Cooperative & Agricultural Credit Bank Restructuring  
Industrial Bank Liquidated  
National Bank of Yemen Evaluation Study concluded 
Housing Credit Bank Study in progress 
Oil Sector 
Aden Refinery Company  
Tourism Sector 
Gold Mohuer (Sheraton) Hotel, Aden Sold to private sector 
Diplomatic Club, Aden Sold to private sector 
Yemeni Club, Aden Sold to private sector 
Sailors' Club, Aden Sold to private sector 
Nashwan Club Sold to private sector 
Labors' Isle Resort, Aden Sold the site to private sector 
II. Projects that have been Privatized or Liquidated 
Aden Hotel (Aden) Privatized 
26 September Hotel (Aden ) Privatized 
Al-Hilal Hotel (Aden ) Privatized 
Ardh Al-Ganateen Hotel Privatized   
Thala Hotel Privatized  
Public Poultry Corporation (Aden)  Liquidated  
Rosaba Farm Privatized  
Fruits and Vegetables Corporation Liquidated  
National Shipping Company Privatized  
Yemen Navigation Lines Company Identified for liquidation  
Yemen Investment and Finance Company Liquidated  
  
  WT/ACC/SPEC/YEM/5/Rev.5 
Page 104 Table 7:  Other Duties and Charges on Imports 
No. HS 
Code Description Duty/Charge Purpose Legal Reference 
1. 24.02 Cigarettes YRls 1 per pack - A financial resource to contribute to "Illiteracy 
Eradication and Adult L earning Agency" that 
aims at, inter alia , eradicating illiteracy and 
providing opportunities for adult education. - Law No. (28) of 1998 on Illiteracy 
Eradication and Adult Learning. 
2.  - Packages entering by 
land, sea, or air ports 
 
 
  
 
- Packages entering by 
land- or sea-ports 
 
  
- Packages entering by 
air ports YRls 1 per package 
 
 
 
  
 
YRls 10 per package  
 
 
 
YRls 20 per package - A financial resource to contribute to the 
"Heritage and Cultural Development Fund" 
which aims at, inter alia , contributing to the 
cultural development, documenting and 
maintaining heritage through different programmes, projects and activities. 
 
- A financial resource collected by the 
governorates aiming at funding economic and 
social plans and projects. 
  
- A financial resource collected by the 
governorates aiming at funding economic and social plans and projects. - Law No. (11) of 2002 on the 
Establishment of Heritage and Cultural 
Development Fund. 
 
  
 
- Cabinet Decision No. (283) of 2001 on 
specification of local fees in 
implementation of Article (123) of Local 
Authority Law No. (4) of 2000. 
 
- Cabinet Decision No.  (283) of 2001 on 
specification of local fees in implementation of Article (123) of Local 
Authority Law No. (4) of 2000. 
3.  - Customs declaration 
form YRls 100 for each 
form - A financial resource contributing to the 
"Handicapped and Rehabilitation Fund" which aims at, inter alia , funding programmes, 
projects and activities in favour of the 
handicapped. - Law No. (2) of 2002 regarding 
Handicapped Care and Rehabilitation Fund. 
  
   WT/ACC/SPEC/YEM/5/Rev.5
 Page 105Table 8:  Fees and Charges for Services Rendered on Imports 
S/N HS Code Description Fee Purpose Legal Reference 
1.  
 
 
  
Products covered in 
Chapter 02.00  
 
 
01.02 
01.04 Products covered in 
chapter 
04.07-08  
01.06.39 
03.01.10 23.09.10 A. Feedstuff inputs for animal health: 
 - Ingredients for feedstuff 
(cereals, soya, etc.) 
 - Concentrations and additives of 
feedstuff 
 - Drugs, vaccines, antiseptics, etc. 
 B. Meat of animal and poultry  
 - Chilled meat  - Frozen meat 
 
C. Live animals, edible eggs and eggs 
for hatching: 
 - Bovine animals and camels  - Sheep and goats  - Chicken one day old for 
breeding 
 - Chicken one day old for 
hatching 
 - Eggs for hatching 
 - Eggs  - Ornamental fish and birds put 
up for trading 
 - Dog or cat food  
- YRls 30 per tonne 
 
- YRls 50 per tonne  
- 1% of the value of the 
invoice 
 
- YRls 400 per tonne 
- YRls 500 per tonne 
 
  
- YRls 120 for each animal 
- YRls 70 for each animal - YRls 3 for each chicken 
 
- YRls 5 for each chicken  
- YRls 1 per egg 
- YRls 2 per egg - 2% of the value of the 
invoice 
- 1% of the value of the 
invoice Fees for quarantine services 
including the collection and 
transfer of samples to an accredited laboratory
 Law No. 17/2004 on 
Protection and Regulation of 
Animal Resources. 
2. Products covered in 
Chapter 06.00 Plant consignment - YRls 2,000 
 - YRls 2,000    - YRls 3,000     - YRls 3,000    - Import permit fee 
 
- Fees for a form of the 
procedures related to the plant quarantine of each consignment 
- Lab examination costs for 
each type or variety of consignment of seeds, tubers, bulbs, rhizomes seedlings, corms 
- Lab examination costs for 
each type or variety of consignment of manufactured organic 
- Law No. 32/1999 on 
Plant Quarantine. 
- Ministerial Decree 
No. 29/2002 on determining the fees to be charged on plant consignments which are subject to the provisions of the Law on Plant Quarantine and the conditions for exemption from such fees.
  
  WT/ACC/SPEC/YEM/5/Rev.5 
Page 106 S/N HS Code Description Fee Purpose Legal Reference 
 
- YRls 50  - YRls 100
 fertilizers or artificial soil. 
- For each 20 seedlings or 
suckers 
- For each bunch of cuttings 
(not more than 50 cuttings)
3. 36.01-04 Explosives and Fireworks - 2% of the value of 
importation Fees for import permit. Law No. 40/1992 on 
Regulation of Possession of 
Weapons and Ammunitions and Trading thereof. 
4. 38.08 Pesticides  - Two per thousand 
(2/1000) of the 
importation value Fees for import permit. Law No. 25/1999 on 
Regulation of Pesticides 
Circulation. 
5. Chapter 31 Fertilizers - YRls 3,000 for each 
permit 
 
- Determined according to 
the cost of each item - Fees for import permit 
 
- Fees for lab. exam Decision of the Minister of 
Agriculture No. 43/2005 on 
Fees for Services of 
Registration and Examination of Seeds and Agricultural 
Fertilizers. 
6. Included in chapter 12 Seeds - YRls 3,000 for each 
permit 
- YRls 3,000 - Fees for import permit 
 - Fees for lab. exams Decision of the Minister of 
Agriculture No. 43/2005 on Fees for Services of 
Registration and Examination 
of Seeds and Agricultural Fertilizers. 
7. - Included in 
chapter 49 
 
 
- Included in 
chapter 37 
 
  
 
  
- Included in 
chapter 85 Artistic and literary works - YRls 5,000 
  
 
- YRls 10,000  
 
 - YRls 10,000 
 
  
- YRls 5,000 - Fees for import permit for 
publications, stationery, newspapers and magazines 
 
- Fees for import permit of 
cinema films and their 
distribution 
 - Fees for import permit for 
video films and cassettes 
and their distribution 
 
- Fees for import permit for 
audio tapes and CDs and their distribution - The Press and Publications 
Law No. 25/1990 and its 
regulation. 
 
- Decision of the Minister 
of Culture and Tourism No. 76/1994 on the Issue 
of Permit Fees for 
Printing and Publishing Houses, Cinema, and 
Stores of Publications 
Display. 
8.  Animal wealth - YRls 1,000 for each 
permit - Fees for import permit Law No. 17/2004 on 
Regulation and Protection of 
Animal Resources.  
   WT/ACC/SPEC/YEM/5/Rev.5
 Page 107S/N HS Code Description Fee Purpose Legal Reference 
9.  Drugs and medical appliances - 1% for each importation 
application - Fees for import permit Republican Decree 
No. 44/1971 on the 
Establishment of the Supreme 
Board of Drugs and Medical Appliances. 
10.  Goods in warehouses - 3% of the value of 
warehoused goods - Fees for warehouse 
supervision - Customs Law 
No. 14/1990. 
- Decision of Vice- Prime 
Minister, Minister of 
Finance, No. 399/2002 
on Standardization of Supervision fees 
Specified for Private and 
Real Warehouses. 
11.  Goods subject to accredited standard s Fees applied in accordance with 
YSMO Regulation "On 
Inspection Charges Levied on 
Imported Goods" replacing the fees of one per thousand of the 
value of consignment 
(minimum YRls 10,000 - 
maximum YRls 200,000) Fees to issue assessment 
certificates - Decision of the Minister 
of Industry and Trade 
No. 2/2003 on the 
Regulations of Conformity Assessment 
of Goods and Enterprises 
to Accredited Standards. 
- Decree No. 9/2009 "On 
Regulation of Examination Services 
and Inspection Fees" with 
YSMO Regulation "On Inspection Charges 
Levied on Imported 
Goods". 
12.  - Customs declarations (all forms) 
 
- Overtime form 
- Customs declaration for vehicles - YRls 60 for each customs 
declaration 
- YRls 60 for each form 
- YRls 500 for each 
customs declaration Publication fees - Customs Law 
No. 14/1990. 
- Decision of the Minister 
of Finance No. 182/1994 on Amendment to 
Decision No. 302/1990 
concerning the determination of the 
value of certain prints 
related to customs paper 
process and procedures 
of their collection.  
  WT/ACC/SPEC/YEM/5/Rev.5 
Page 108 S/N HS Code Description Fee Purpose Legal Reference 
13.  A. Parcels placed in warehouses and 
stores: 
 - Parcel weighing 50kg or less 
  - Parcel weighing more than 50kg 
 
B. Parcels placed in yards of customs 
and free zones as follows: 
 - Parcel weighing 50kg or less 
  - Parcel weighing more than 50kg 
 
 C. Fees of storing, porting, insuring 
the parcels placed on customs yards 
and free zone yards per tonne or less than a tonne 
** The goods pointed out previously 
are exempted from fees of storing, 
porting and insuring for the first 
week of their arrival. 
** These fees are doubled starting 
from the third week onward 
provided that the fees do not exceed half the value of the goods when 
they are released from customs. 
 D. Fees of wrapping, packing and 
sealing of parcels as follows: 
 - Lead-sealing a parcel;  - Lead-sealing pallets; and 
 - Lead-sealing a car  
 
- YRls 15 per parcel a week 
or less than a week 
- YRls 20 per parcel a week 
or less than a week 
  
- YRls 5 per parcel a week 
or less than a week 
- YRls 10 per tonne or part 
of tonne a week or less 
than a week 
- YRls 100 per parcel a 
week or less than a week 
  
 
 
 
  
 
  
 
  
 
- YRls 10 per parcel - YRls 50 per pallet 
- YRls 200 per car Service fees - Customs Law 
No. 14/1990. 
- Decision of the Minister 
of Finance No. 347/1990 on determination of 
services fees on goods 
placed in yards, warehouses, stores, and 
free zones managed by 
the Customs Authority.  
   WT/ACC/SPEC/YEM/5/Rev.5
 Page 109S/N HS Code Description Fee Purpose Legal Reference 
14.  Seaports (upon a request from the party 
concerned) 
- Loading or unloading goods 
onto/off ships outside working hours except for wheat 
- Clearing goods after 2:00 pm until 
6:00 pm 
- Clearing goods after 6:00 pm until 
10:00 pm 
- Clearing goods after 10:00 pm until 
8:00 am 
- Goods sent out of the dock not 
within the working hours 
 
Airports (clearing goods not within 
working hours upon the request of the party concerned): 
- 1-300 cartons 
- 300-400 cartons 
- 400 cartons or more 
- Per special flight (charter) - Per cleared common flight 
(passengers + goods) 
 Land ports and transportation points 
(clearing goods not within working 
hours, upon the request of the party concerned): 
- Vehicles (trailers) 
- Heavy trucks - Big trucks 
- Pick-up trucks 
- Trucks loaded with goods of 
Government tenders  
 
- YRls 100 per tonne 
  
- YRls 200 per hour/for 
each employee 
- YRls 250 per hour/for 
each employee 
- YRls 300 per hour/for 
each employee 
- YRls 100 per truck 
  
 
  
- YRls 1,500 
- YRls 2,000 
- YRls 2,500 
- YRls 5,000 - YRls 2,500 
 
  
 
  
- YRls 2,500 
- YRls 2,000 - YRls 1,500 
- YRls 300 
- YRls 100 Fees for overtime work - Customs Law 
No. 14/1990. 
- Decision of the Minister 
of Finance No. 342/1991 regarding the 
determination of 
overtime value taken from the owners of 
goods. 
15.  Vehicles temporarily entering the 
country belonging to non-residents 200 Saudi Arabian Riyals 
(SRLS) or equivalent in foreign 
currency and SRLS 100 for any further renewal Service fees - Customs Law 
No. 14/1990. 
- Decision of the Minister 
of Finance No. 19/2000 
pertaining to Amendment 
to Decision No. 92/1999 
on Payment of Services 
Fees on Vehicles.  
  WT/ACC/SPEC/YEM/5/Rev.5 
Page 110 S/N HS Code Description Fee Purpose Legal Reference 
16.  Customs Declaration - YRls 2,000 
 
- YRls 1,000 - Fees for each damaged/lost 
customs declaration 
- Fees for each clarification 
of a customs declaration - Customs Law 
No. 14/1990. 
- Decision of the Minister 
of Finance No. 111/1996 on Payment of Services 
Fees for Obtaining  
customs documents for lost or damaged  data 
(clarification of data for a 
customs declaration). 
   
   WT/ACC/SPEC/YEM/5/Rev.5
 Page 111Table 11:  Fees on Domestic and Imported Products 
No. HS Code Description Fees Purpose Legal Reference 
1. 04  - 04.01  
20.09 
22.01 - Milk 
- Juices 
- Water, soft drinks YRls 1 per box or 
cartons - A financial resource for the "Heritage and 
Cultural Development Fund" which aims 
at, inter alia , contributing to the cultural 
development, documenting and maintaining heritage through many different 
programmes, projects and activities. - Law No. (11) of 2002 on the Establishment 
of Heritage and Cultural Development Fund. 
2. 24.02 - Cigarettes YRls 5 per 10 packs 
 
 
  
 
 YRls 5 per pack 
 
  
 
 YRls 5 per pack 
 
  
 
 YRls 5 per 10 packs - A financial resource for the "Heritage and 
Cultural Development Fund" which aims 
at, inter alia , contributing to the cultural 
development, documenting and maintaining heritage through many different 
programmes, projects and activities. 
 - A financial resource to the "Youth Fund" 
aiming at, inter alia , supporting sports of 
the youth, programmes and activities and contributing to the construction of sports 
facilities.  
 - A financial resource to the "Handicapped 
and Rehabilitation Fund" which aims at, 
inter alia , funding programmes, projects 
and activities for rehabilitating and caring 
about the handicapped. 
 - Fees for cleaning and maintaining cities. - Law No. (11) of 2002 on the Establishment 
of Heritage and Cultural Development Fund. 
 
  
 
 - Law No. (36) of 1999 on the amendment of 
Article (11) of law (10) of 1996 regarding the 
Establishment of Youth Fund. 
 
 
 - Law No. (2) of 2002 on Handicapped Care 
and Rehabilitation Fund. 
  
 
 - Cabinet Decision No. (167) of 1999 on the 
specification of cleaning fees and 
improvements stated in  Article (11) of Law 
No. (20) of 1999 regarding the establishment 
City Improvement and Cleaning Fund.  
  WT/ACC/SPEC/YEM/5/Rev.5 
Page 112 No. HS Code Description Fees Purpose Legal Reference 
3 25.23 - Cement YRls 1 for each 
cement bag 
 
  
 
 YRls 5 per cement bag 
of 50kg 
  
 
 YRls 10 per cement 
bag (50kg) - A financial resource to the "Heritage and 
Cultural Development Fund" which aims 
at, inter alia , contributing to the cultural 
development, documenting and maintaining heritage through different programmes, 
projects and activities. 
 - A financial resource to the "Youth Fund" 
aiming at, inter alia , supporting sports for 
the young, programmes and activities and contributing to the construction of sports 
facilities. 
 - Fees for Cleaning and Maintaining cities. - Law No. (11) of 2002 on the Establishment 
of Heritage and Cultural Development Fund. 
 
  
 
 - Law No. (36) of 1999 on the amendment of 
Article (11) of Law No. (10) of 1996 
regarding the Establishment of Youth Fund. 
 
 
 - Cabinet Decision No. (167) of 1999 on the 
specification of cleaning fees and 
improvements stated in  Article (11) of Law 
No. (20) of 1999 regarding the Establishment 
City Improvement and Cleaning Fund. 
4  - Parcels or cartons YRls 5 per parcel or 
cartons 
(Note that collection of 
fees on imports takes place at the time of 
issuing a letter of 
credit) - Fees for cleaning and maintaining cities. - Cabinet Decision No. (167) of 1999 on the 
specification of cleaning fees and 
improvements stated in  Article (11) of Law 
No. (20) of 1999 regarding the Establishment City Improvement and Cleaning Fund. 
5 10.01 
10.06 
11.01 - Basic food 
commodities YRls 5 per bag - Fees for cleaning and maintaining c ities. - Cabinet Decision No. (167) of 1999 on the 
specification of cleaning fees and 
improvements stated in  Article (11) of Law 
No. (20) of 1999 regarding the Establishment City Improvement and Cleaning Fund. 
  WT/ACC/SPEC/YEM/5/Rev.5 
 Page 113 
 
 
  Table 12:  Import Prohibitions 
 
List A - Prohibited Products Justified under Articles XX and XXI of the GATT 1994 
 
No. HS Code Description Reason of 
Prohibition WTO 
Justification 
1. 01031000 - Pure- Bred breeding animals Religious Article XX 
2. 01039100 -- Weighing less than 50 kg Religious Article XX 
3. 01039200 -- Weighing 50 kg or more Religious Article XX 
4. 02031100 -- Carcasses and half-Carcasses Religious Article XX 
5. 02031200 -- Hams, shoulders and cuts thereof, with bone in Religious Article XX 
6. 02031900 -- Other Religious Article XX 
7. 02032100 -- Carcasses and half-carcasses Religious Article XX 
8. 02032200 -- Hams, shoulders and cuts thereof, with bone in Religious Article XX 
9. 02032900 -- Other Religious Article XX 
10. 02063000 - Of swine, fresh or chilled Religious Article XX 
11. 02064100 -- Livers Religious Article XX 
12. 02064900 -- Other Religious Article XX 
13. 02090010 --- Of pig Religious Article XX 
14. 02101100 -- Hams, shoulders and cuts thereof, with bone in Religious Article XX 
15. 02101200 -- Bellies (streaky) and cuts thereof Religious Article XX 
16. 02101900 -- Other Religious Article XX 
17. 02109920 --- of meat and meat offal of swine Religious Article XX 
18. 05021000 - Pigs', hogs' or boars' bristles and hair and waste 
thereof Religious Article XX 
19. 12079100 -- Poppy Seeds Religious/health Article XX 
20. 15010010 --- of pig Religious Article XX 
21. 15030010 --- of pig Religious Article XX 
22. 15171010 --- Imitation pig fats containing pig fats Religious Article XX 
23. 15179010 --- Imitation pig fats containing pig fats and other 
prepared alimentary fats Religious Article XX 
24. 16010010 --- Sausages and products, preparations of this 
heading made of pig Religious Article XX 
25. 16010020 ----alimentary items  made of blood Religious Article XX 
26. 16021010 --- of meat and meat offal of pig Religious Article XX 
27. 16021020 --- preparations of blood Religious Article XX 
28. 16022010 --- of pig Religious Article XX 
29. 16024100 -- Hams and cuts thereof Religious Article XX 
30. 16024200 -- Shoulders and cuts  thereof Religious Article XX 
31. 16024900 -- Other, including mixtures Religious Article XX 
32. 16029010 ---preparations of pig blood Religious Article XX 
33. 16029020 ---preparations of blood Religious Article XX 
34. 16030020 ---of pigs Religious Article XX 
35. 17041010 --- Chewing gum, whether or not sugar-coated 
containing alcohol Religious Article XX 
36. 17049020 --- Confectionary  containing alcohol Religious Article XX 
37. 18062010 --- Other preparations in blocks, slabs or bars 
weighing more than 2 kg or in liquid, paste, powder, granular or other bulk form in containers 
or immediate packings, of a content exceeding 2 kg 
containing alcohol Religious Article XX 
38. 18063110 --- containing alcohol Religious Article XX 
39. 18063210 --- containing alcohol Religious Article XX 
40. 18069010 ---Chocolate  containing alcohol Religious Article XX 
41. 19022010 --- Macaroni stuffed with pig meat or meat offal Religious Article XX 
42. 19059020 ----alimentary items  made of blood Religious Article XX WT/ACC/SPEC/YEM/5/Rev.5 
Page 114  
 
  No. HS Code Description Reason of 
Prohibition WTO 
Justification 
43. 20081110 ---prepared or preserved by alcoholic Religious Article XX 
44. 20081991 ---- prepared or preserved by alcoholic Religious Article XX 
45. 20082010 --- prepared or preserved by alcoholic Religious Article XX 
46. 20083010 --- prepared or preserved by alcoholic Religious Article XX 
47. 20084010 --- prepared or preserved by alcoholic Religious Article XX 
48. 20085010 --- prepared or preserved by alcoholic Religious Article XX 
49. 20086010 --- prepared or preserved by alcoholic Religious Article XX 
50. 20087010 --- prepared or preserved by alcoholic Religious Article XX 
51. 20088010 --- prepared or preserved by alcoholic Religious Article XX 
52. 20089110 --- prepared or preserved by alcoholic Religious Article XX 
53. 20089210 --- prepared or preserved by alcoholic Religious Article XX 
54. 20089910 --- prepared or preserved by alcoholic Religious Article XX 
55. 21041011 ---- Of pig meat, bowls and meat offal Religious Article XX 
56. 21041013 ----Soups and broths  containing  blood Religious Article XX 
57. 21041021 ---- Of pig meat, bowls and meat offal Religious Article XX 
58. 21041023 ---- Soup and broth preparations of Animal blood Religious Article XX 
59. 21042010 --- Of pig meat, bowls and meat offal Religious Article XX 
60. 22030000 Beer made from malt Religious Article XX 
61. 22041000 - Sparkling wine Religious Article XX 
62. 22042100 -- In containers holding 2 litres or less Religious Article XX 
63. 22042900 -- Other Religious Article XX 
64. 22043000 - Other Grape must Religious Article XX 
65. 22051000 - In containers holding 2 litres or less Religious Article XX 
66. 22059000 - Other Religious Article XX 
67. 22060000 Other fermented beverages (for example, cider, 
perry, mead); mixtures of fermented beverages and 
mixtures of fermented beverages and non-Alcoholic beverages, not elsewhere specified or included Religious Article XX 
68. 22071090 --- Other Religious Article XX 
69. 22072090 --- Other Religious Article XX 
70. 22082000 - spirits obtained by distilling grape wine or grape 
marc Religious Article XX 
71. 22083000 - Whiskies Religious Article XX 
72. 22084000 - Rum and tafia Religious Article XX 
73. 22085000 - Gin and Geneva Religious Article XX 
74. 22086000 - Vodka Religious Article XX 
75. 22087000 - Liqueurs and cordials Religious Article XX 
76. 22089000 - Other Religious Article XX 
77. 23070010 --- wine lees Religious Article XX 
78. ex 284440 
ex 294140 ex 300390 
ex 300490 Cloramphenicol and its compounds health Article XX 
79. ex 293219 
ex 300390 
ex 300490 Nitrofuran Group health Article XX 
80. 40122000 - used pneumatic tyres Environmental Article XX 
81. 41033000 - of swine Religious Article XX 
82. 41063100 -- In the wet state (including wet- Blue) Religious Article XX 
83. 41063200 -- in the dry state (crust) Religious Article XX 
84. 41132000 - of swine Religious Article XX 
85. 56081110 --- Fishing nets with holes less than 20mm Environmental Article XX 
86. 70071110 --- vehicles shady glass Security Article XXI 
87. 70071910 --- vehicles shady glass Security Article XXI  WT/ACC/SPEC/YEM/5/Rev.5 
 Page 115 
 
 
  No. HS Code Description Reason of 
Prohibition WTO 
Justification 
88. 70072110 --- vehicles shady glass Security Article XXI 
89. 70072910 --- vehicles shady glass Security Article XXI 
90. 84082010 --- Second Hand Diesel Engines for Passenger 
Vehicles Environmental Article XX 
91. ex 851830 Listening devices  Security Article XXI 
92. ex 854390 Decoders Security Article XXI 
93. ex 8701 
ex 8702 
ex 8703 ex 8704 
ex 8705 The following items in chapter 87 are prohibited: 
- Vehicles manufactured 8 years ago including the 
year of manufacture. - Right-steering wheel vehicles. 
- Vehicles with shifted wh eels and technically unfit. 
- Vehicles with tinted glass even if it is tinted by manufacturing except for vehicles entering the 
country temporarily for visit purpose. Security and 
Safety Article XXI 
94.  More than 15 years ol d machines (+ the year of 
manufacture) Environmental Article XX 
95. ex 900691 Cameras that show the human body naked Religious Article XX 
96. 95049091 ---- Gambling  tables, machines and tools Religious Article XX 
 
  WT/ACC/SPEC/YEM/5/Rev.5 
Page 116  
 
  List B - Pesticides 
 
No. Common Name CAS No. Formula Type of Pesticide 
1. 2,4,5-T and its salts 93-76-5 C 8H5Cl3O3 Herbicide 
2. 1,3-dichloropropene 542-75-6 C 3H4Cl2 Fumigant and 
Nematicide 
3. Acetochlor 34256-82-1 C 14H20ClNO 2 Herbicide 
4. Acifluorfen 62476-59-9 C 14H6ClF 3NNaO 5 Herbicide 
5. Acrolein 107-02-8 C 3H4O Algicide 
6. Acrylonitrile 107-13-1 C 3H3N Fumigant and 
Insecticide 
7. Alachlor 15972-60-8 C 14H20ClNO 2 Herbicide 
8. Aldicarb 116-06-3 C 7H14N2O2S Insecticide 
9. Aldoxycarb 1646-88-4 C 7H14N2O4S Insecticide and 
Nematicide 
10. Aldrin (HHDN) 309-00-2 C 12H8Cl6 Insecticide 
11. Allyl alcohol 107-18-6 C 3H6O Herbicide 
12. Aminocarb 2032-59-9 C 11H16N2O2 Insecticide 
13. Amitrole 61-82-5 C 2H4N4 Herbicide 
14. Aramite 140-57-8 C 15H23ClO 4S Acaricide 
15. Arsenic (acid, pentoxide 
and arsenate, sodium) 12002-03-8, 75-60-5, 1327-
53-3, 7778-39-4, 7778-44-1 
and 7784-40-9  Fungicide 
16. Arsenous oxide 1327-53-3 As 4O6 Rodenticide 
17. Azinphos- ethyl 2642-71-9 C 12H16N3O3PS2 Insecticide 
18. Azinphos methyl 86-50-0 C 10H12N3O3PS2 Insecticide 
19. Azobenzene 103-33-3 C 12H10N2 Acaricide 
20. Bendiocarb 22781-23-3 C 11H13NO 4 Insecticide 
21. Benfuracarb 82560-54-1 C 20H30N2O5S Insecticide 
22. Benomyl 17804-35-2 C 14H18N4O3 Fungicide 
23. Bifenthrinm   82657-04-3 (Cis) 
83322-02-5 (Trans) C23H22ClF 3O2 Insecticide and 
Acaricide 
24. Binapacryl 485-31-4 C 15H18N2O6 Acaricide and 
Fungicide 
25. Blasticidin-S 2079-00-7 C 17H26N8O5 Fungicide 
26. Bronopol 52-51-7 C 3H6BrNO 4 Bactericide 
27. Butoxycarboxim 34681-23-7 C 7H14N2O4S Insecticide and 
Acaricide 
28. Butylate butachlor 23184-66-9 C 11H23NOS Herbicide 
29. Cadmium and its 
compounds 12001-20-6 and 7784-40-9 - Insecticide 
  
30. Calcium arsenate 7778-44-1 As 2Ca3O8 Insecticide 
31. Calcium cyanide 592-01-8 and 74-90-8 C 2CaN 2 Insecticide and 
Fumigation 
32. Captafol      (Difolatan) 2425-06-1; 2939-80-2 C 10H9Cl4NO 2S Fungicide 
33. Captan 133-06-2 C 9H8Cl3NO 2S Fungicide 
34. Carbaryl 63-25-2 C 12H11NO 2 Insecticide 
35. Carbofuran 1563-66-2 C 12H15NO 3 Insecticide, 
Acaricide and 
Nematicide 
36. Carbon tetrachloride 56-23-5 CCl 4 Fumigation and 
Insecticide 
37. Carbophenothion 786-19-6 C 11H16ClO 2PS3 Insecticide 
38. Carbosulfan 55285-14-8 C 20H32N2O3S Insecticide 
39. Chinomethionat 02/01/2439 C 10H6N2OS 2 Acaricide and 
Fungicide  WT/ACC/SPEC/YEM/5/Rev.5 
 Page 117 
 
 
  No. Common Name CAS No. Formula Type of Pesticide 
40. Chlordane 57-74-9 C 10H6Cl8 Insecticide 
41. Chlordecone 143-50-0 C 10Cl10O Insecticide 
  
42. Chlordimeform 6164-98-3 C 10H10ClN 2 Acaricide 
43. Chlorethoxyfos 54593-83-8 C 6H11Cl4O3PS Insecticide 
44. Chlorfenvinphos 470-90-6 C 12H14Cl3O4P Insecticide 
45. Chlormephos 24934-91-6 C 5H12ClO 2PS2 Insecticide 
46. Chlorobenzilate 510-15-6 C 16H14Cl2O3 Acaricide 
47. Chlorophacinone 3691-35-8 C 23H15ClO 3 Rodenticide 
48. Chlorothalonil 1897-45-6 C 8Cl4N2 Fungicide 
49. Chlorthiophos 60238-56-4 C 11H15Cl2O3PS2 Insecticide 
50. Chromium VI compounds   Insecticide and 
Fungicide 
51. Cloethocarb 51487-69-5 C 11H14ClNO 4 Insecticide and 
Nematicide 
52. Coumaphos 56-72-4 C 14H16ClO 5PS Insecticide 
53. Crotoxyphos 7700-17-6 C 14H19O6P Insecticide 
54. Cyanazine 21725-46-2 C 9H13ClN 6 Herbicide 
55. Cyanophos 2636-26-2 C 9H10NO 3PS Insecticide 
56. Cycloheximide 66-81-9 C 15H23NO 4 Fungicide 
57. Cyhexatin 13121-70-5 C 18H34OSn Acaricide 
58. Cypermethrin beta-
Cypermethrin 52315-07-8 
65731-84-2 C22H19Cl2NO 3 Insecticide 
59. alpha and theta -
Cypermethrin 71697-59-1 
67375-30-8 C22H19Cl2NO 3 Insecticide 
60. zeta-cypermethrin 52315-07-8 C 22H19Cl2NO 3 Insecticide 
61. Cyproconazole 94361-06-5 C 15H18ClN 3O Fungicide 
62. Daminozide 1596-84-5 C 6H12N2O3 Plant Growth 
Regulator 
63. DDT and metabolite 50-29-3 C 14H9Cl5 Insecticide 
64. Demephion 682-80-4 C 5H13O3PS2 Insecticide 
65. Demephion-O and -S 2587-90-8  8065-62-1 C 5H13O3PS2 Insecticide and 
Acaricide 
66. Demetonne 8000-97-3 C 8H19O3PS2 Insecticide and 
Herbicide 
67. Demetonne-O and -S 298-03-3 126-75-0 C 8H19O3PS2 Insecticide and 
Acaricide 
68. Dibromochloro-propane 
(DBCP) 96-12-8 C 3H5Br2Cl Herbicide 
69. Dichlorovos (DDVP) 62-737 C 4H7Cl2O4P Insecticide 
70. Dicofol 115-32-2 C 14H9Cl5O Acaricide 
71. Dicrotophos 141-66-2 C 8H16NO 5P Insecticide 
72. Dieldrin 60-57-1 C 12H8Cl6O  Insecticide 
73. Dimefox 115-26-4 C 4H12FN 2OP Insecticide and 
Acaricide 
74. Dimethoate 60-51-5 C 5H12NO 3PS2 Insecticide 
75. Dimetilan 644-64-4 C 10H16N4O3 Insecticide 
76. Dimetonne-S-methyl 919-86-8 C 6H15O3PS2 Insecticide 
77. Dimetonne-S-
methylsulphon 17040-19-6 C 6H15O5PS2 Insecticide 
78. Dinoseb and its salts 88-85-7 C 10H12N2O5 Herbicide 
79. Dinoterb acetate 3204-27-1 C 12H14N2O6 Herbicide 
80. Dioxathion 78-34-2 C 12H26O6P2S4 Herbicide 
81. Disulfotonne 298-04-4 C 8H19O2PS3 Insecticide and 
Acaricide WT/ACC/SPEC/YEM/5/Rev.5 
Page 118  
 
  No. Common Name CAS No. Formula Type of Pesticide 
82. DNOC and its salts 534-52-1 C 7H6N2O5 Insecticide 
83. Edifenphos (EDDP) 17109-49-8 C 14H15O2PS2 Fungicide 
84. Endosulfan 115-29-7 C 9H6Cl6O3S Insecticide 
85. Endrin 72-20-8 C 12H8Cl6O  Insecticide 
86. EPN 2104-64-5 C 14H14NO 4PS Insecticide 
87. Epoxiconazole 106325-08-0 C 17H13ClFN 3O Fungicide 
88. Ethiofencarb 29973-13-5 C 11H15NO 2S  Insecticide 
89. Ethylene dibromide 106-93-4 C 2H4Br2 Fumigationand 
Herbicide 
90. Ethylene dichloride 107-06-2 C 2H4Cl2 Fumigation and 
Insecticide 
91. Ethylene oxide 75-21-8 C 2H4O Fumigation 
92. Etrimfos 38260-54-7 C 10H17N2O4PS Insecticide 
93. Fenamiphos 22224-92-6 C 13H22NO 3PS Nematicide and 
Insecticide 
94. Fenthion (MPP) 55-38-9 C 10H15O3PS2 Insecticide  
95. Fensulfothion 115-90-2 C 11H17O4PS2 Nematicide and 
Insecticide 
96. Fenitrothion 122-14-5 C 9H12NO 5PS Insecticide 
97. Fensulfothion 115-90-2 C 11H17O4PS2 Nematicide and 
Insecticide 
98. Flucythrinate 70124-77-5 C 26H23F2NO 4 Insecticide 
99. Fluometuron 2164-17-2 C 10H11F3N2O Herbicide 
100. Fluoroacetamide 640-19-7 C 2H4FNO Rodenticide and 
Insecticide 
101. Fluvalinate 
Tau-fluvalinate 69409-94-5 
102851-06-9 C26H22ClF 3N2O3 Insecticide 
102. Folpet 133-07-3 C 9H4Cl3NO 2S Fungicide 
103. Fonofos 944-22-9 C 10H15OPS 2 Insecticide 
104. Formaldehyde 50-00-0 CH 2O Fumigation , 
Fungicide and 
Acaricide 
105. Formetanate 2259-30-9 C 11H15N3O2 Acaricide 
106. Fosetyl-Al 39148-24-8 
9148-2408 C6H18AlO 9P3 Fungicide 
107. Fosmethilan 83733-82-8 C 13H19ClNO 3PS2 Insecticide 
108. Furathiocarb 65907-30-4 C 18H26N2O5S Insecticide 
109. Furmecyclox 60568-05-0 C 14H21NO 3 Fungicide 
110. Haloxyfop-P 72619-32-0 C 16H13ClF 3NO 4 Herbicide 
111. Heptachlor epoxide 76-44-8 C 10H5Cl7 Insecticide 
112. Heptenophos 23560-59-0 C 9H12ClO 4P Insecticide 
113. Hexachlorobenzene 118-74-1 C 6Cl6 Fungicide and 
Insecticide 
114. Hexachlorobutadiene 87-68-3 C 4Cl6 Fungicide 
115. Hexaconazole 79983-71-4 C 14H17Cl2N3O Fungicide 
116. Isazofos 42509-80-8 C 9H17ClN 3O3PS Insecticide and 
Nematicide 
117. Isofenphos 25311-71-1 C 15H24NO 4PS Insecticide 
118. Isoprocarb 2631-40-5 C 11H15NO 2 Insecticide 
119. Isothioate 36614-38-7 C 7H17O2PS3 Insecticide 
120. Isoxathion 18854-01-8 C 13H16NO 4PS Insecticide 
121. Lactofen 77501-63-4 C 19H15ClF 3NO 7 Fungicide 
122. Lead arsenate 7784-40-9 AsHO 4Pb Insecticide 
123. Leptophos 21609-90-5 C 13H10BrCl 2O2PS Insecticide  WT/ACC/SPEC/YEM/5/Rev.5 
 Page 119 
 
 
  No. Common Name CAS No. Formula Type of Pesticide 
124. Lindane, BHC, Beta and 
alpha BHC and HCH 58-89-9, 319-85-7,319-84-6 
and 608-73-1 C6H6Cl6  Insecticide and 
Rodenticide 
125. Malathion 121-75-5 C 10H19O6PS2 Insecticide 
126. Maneb 12427-38-2 C 4H6MnN 2S4 Fungicide 
127. Mercury and mercury 
compounds: 
- Mercuric oxide 
(mercury oxide) 
- Mercurous chloride 
(calomel) 
- Other inorganic 
mercury compounds  
- Alkyl mercury 
compounds 
- Alkoxyalkyl and aryl 
mercury compounds 7439-97-67 
 
487-94-7 
 21908-53-2 
 
7564-30-7  
7784-40 
 7487-94-7  Fungicide 
128. Metam sodium and its 
dihydrate (Vapam) 137-42-8  
 6734-80-1 C
2H4NNaS 2 Fungicide 
129. Methamidophos 10265-92-6 C 2H8NO 2PS Insecticide 
130. Methidathion 950-37-8 C 6H11N2O4PS3 Insecticide 
131. Methiocarb 2032-65-7 C 11H15NO 2S Insecticide 
132. Methomyl 16752-77-5 C 5H10N2O2S Insecticide 
133. Methoxychlor 72-43-5 C 16H15Cl3O2 Insecticide 
134. Methyl  parathion 298-00-0 C 8H10NO 5PS Insecticide 
135. Methyl bromide 74-83-9 CH 3Br Fumigation and 
Insecticide 
136. Methyl isothiocyanate 556-61-6 C 2H3NS Insecticide 
137. Mevinphos 26718-65-0 C 7H13O6P Insecticide 
138. Mirex 2385-85-5 C 10Cl12 Insecticide 
139. Monocrotophos 6923-22-4 C 7H14NO 5P Insecticide 
140. Naled 300-76-5 C 4H7Br2Cl2O4P Insecticide 
141. Nicotine 54-11-5 C 10H14N2 Insecticide 
142. Nitrofen 1836-75-5 C 12H7Cl2NO 3 Herbicide 
143. Omethoate 1113-02-6 C 5H12NO 4PS Insecticide 
144. Orthophenylphenol and Na 
salt 90-43-7 
132-27-4 C12H10O 
C12H9NaO Fungicide 
145. Oxamyl (Thioxamyl) 23135-22-0 C 7H13N3O3S Insecticide and 
Nematicide 
146. Oxydemetonne-methyl 301-12-2 C6H15O4PS 2 Insecticide 
147. Oxydeprofos (ESP) 2674-91-1 C 7H17O4PS2 Insecticide 
148. Paraquat 4685-14-7 C 12H14N2 Herbicide 
149. Parathion 
(Thiophos) 56-38-2 C 10H14NO 5PS Insecticide 
150. Paris green 12002-03-8 C 4H6As6Cu4O16 Insecticide 
151. Pentachlorophenol 87-86-5 C 6HCl 5O Insecticide and 
Fungicide 
152. Phenthoate 07/03/2597 C 12H17O4PS2 Insecticide 
153. Phenylmercury acetate 62-38-4 C 8H8HgO 2 Fungicide 
154. Phenylmercury nitrate 02/05/8003 C 12H11Hg 2NO 4 Fungicide 
155. Phorate (Timet) 298-02-2 C 7H17O2PS3 Insecticide and 
Acaricide 
156. Phosalone 2310-17-0 C 12H15ClNO 4PS2 Insecticide 
157. Phosfolan 950-10-7 C 8H16NO 3PS2 Insecticide 
158. Phosphamidon 13171-21-6 C 10H19ClNO 5P Insecticide WT/ACC/SPEC/YEM/5/Rev.5 
Page 120  
 
  No. Common Name CAS No. Formula Type of Pesticide 
159. Phoxim 14816-18-3 C 12H15N2O3PS Insecticide 
160. Phoxim-methyl 14816-16-1 C 10H11N2O3PS Insecticide 
161. Pirimicarb 23103-98-2 C 11H18N4O2 Insecticide 
162. Pirimiphos- ethyl l23505-41-1 C 13H24N3O3PS Insecticide 
163. Polychloroterpenes 8001-50-1 C 10H11Cl7 Insecticide and 
Acaricide 
164. Procymidone 2809-16-8 C 13H11Cl2NO 2 Insecticide and 
Acaricide 
165. Pronamid(Propyzamide) 23950-58-5 C 12H11Cl2NO Herbicide 
166. Propaphos 7292-16-2 C 13H21O4PS Insecticide 
167. Propargite 2312-35-8 C 19H26O4S Herbicide 
168. Propetamphos 31218-83-4 C 10H20NO 4PS Insecticide 
169. Propoxur 114-26-1 C 11H15NO 3 Insecticide 
170. Prothoate 2275-18-5 C 9H20NO 3PS2 Insecticide 
171. Scilliroside 507-60-8 C 32H44O12 Rodenticide 
172. Sodium arsenite 7784-46-5 AsNaO 2 Insecticide and 
Herbicide 
173. Sodium cyanide 143-33-9 CNNa Insecticide and 
Fumigation 
174. Sodium fluo roacetate 62-74-8 C 2H2FNaO 2 Rodenticide 
175. Sulfallate 95-06-7 C 8H14ClNS 2 Herbicide 
176. Sulfotep 3689-24-5 C 8H20O5P2S2 Insecticide 
177. Sulprofos 35400-43-2 C 12H19O2PS3 Insecticide 
178. Tebupirimfos 96182-53-5 C 13H23N2O3PS Insecticide 
179. Tefluthrin 79538-32-2 C 17H14ClF7O2 Insecticide 
180. TEPP 107-49-3 C 8H20O7P2 Acaricide 
181. Terbufos 13071-79-9 C 9H21O2PS3 Insecticide and 
Nematicide 
182. Terrazole (Etridiazole) 2593-15-9 C 5H5Cl3N2OS Fungicide 
183. Thiodicarb 59669-26-0 C 10H18N4O4S3 Insecticide 
184. Thiofanox 39196-18-4 C 9H18N2O2S Insecticide 
185. Thiometonne 640-15-3 C 6H15O2PS3 Insecticide and 
Acaricide 
186. Thionazin 297-97-2 C 8H13N2O3PS Insecticide and 
Nematicide 
187. Thiram 137-26-8 C 6H12N2S4 Fungicide 
188. Toxaphene (Camphechlor) 8001-35-2 C 10H10Cl8 Insecticide 
189. Triamiphos 1031-47-6 C 12H19N6OP Acaricide, 
Nematicide and 
Insecticide 
190. Triazophos 24017-47-8 C 12H16N3O3PS Insecticide 
191. Trichlorfon 52-68-6 C 4H8Cl3O4P Insecticide 
192. Trichloronate 327-98-0 C 10H12Cl3O2PS Insecticide 
193. Trimethacarb 12407-86-2 C 11H15NO 2 Insecticide 
194. Triphenyltin hydroxide 76-87-9 C 18H16OSn Fungicide 
195. Vamidothion 2275-23-2 C 8H18NO 4PS2 Insecticide 
 
  WT/ACC/SPEC/YEM/5/Rev.5 
 Page 121 
 
 
  List C(1) - Ozone-Depleting Substances  
 
 
No. HS 
Heading CAS number Chemical Code 
Name Chemical 
Short Formula Chemical Name 
1. 29.03   * CHFBr 2 Fluorodibromomethane 
2. ~ 1511-62-2 HBFC-22B1 CHF 2Br Difluorobromomethane 
3. ~   * CH 2FBr Fluorobromomethane 
4. ~   * C 2HFBr 4 Fluorotetrabromoethane 
5. ~   * C 2HF 2Br3 Difluorotribromoethane 
6. ~   * C 2HF 3Br2 Trifluorodibromoethane 
7. ~ 124-72-1 * C 2HF 4Br Tetrafluorobromoethane 
8. ~   * C 2H2FBr 3 Fluorotribromoethane 
9. ~ 75-82-31392-1-
968 * C 2H2F2Br2 Difluorodibromoethane 
10. ~ 421-06-7 * C 2H2F3Br Trifluorobromoethane 
11. ~ 958-97-4 * C 2H3FBr 2 Fluorodibromoethane 
12. ~   * C 2H3F2Br Difluorobromoethane 
13. ~ 762-49-2 * C 2H4FBr Fluorobromoethane 
14. ~ 29470-94-8, 
134273-35-7 * C 3HFBr 6 Fluorohexabromopropane 
15. ~   * C 3HF 2Br5 Difluoropentabromopropane 
16. ~   * C 3HF 3Br4 Trifluorotetrabromopropane 
17. ~   * C 3HF 4Br3 Tetrafluorotribromopropane 
18. ~   * C 3HF 5Br2 Pentafluorodibromopropane 
19. ~ 63905-11-3 * C 3HF 6Br Hexafluorobromopropane 
20. ~   * C 3H2FBr 5 Fluoropentabromopropane 
21. ~   * C 3H2F2Br4 Difluorotetrabromopropane 
22. ~   * C 3H2F3Br3 Trifluorotribromopropane 
23. ~   * C 3H2F4Br2 Tetrafluorodibromopropane 
24. ~ 422-01-5 * C 3H2F5Br Pentafluorobromopropane 
25. ~   * C 3H3FBr 4 Fluorotetrabromopropane 
26. ~  * C 3H3F2Br3 Difluorotribromopropane 
27. ~ 431-21-0 * C 3H3F3Br2 Trifluorodibromopropane 
28. ~ 679-84-5 * C 3H3F4Br Tetrafluorobromopropane 
29. ~   * C 3H4FBr 3 Fluorotribromopropane 
30. ~   * C 3H4F2Br2 Difluorodibromopropane 
31.       C 3H4F3Br Trifluorobromopropane 
32. ~   * C 3H5FBr 2 Fluorodibromopropane 
33. ~   * C 3H5F2Br Difluorobromopropane 
34. ~ 352-91-0 * C 3H6FBr Fluorobromopropane 
35.      CH 2BrCl BromochloroMethane 
 
 WT/ACC/SPEC/YEM/5/Rev.5 
Page 122  
 
  List C(2) - Systems, Units, Equipment and Products Using or Containing any of the  
Controlled Substances Under the Montreal  Protocol Stated in Annex 1 Below 
 
1. Automobile and truck air conditioning units (whether incorporated in vehicles or not) 
2. Refrigerators 
3. Freezers 
4. Dehumidifiers 
5. Water coolers 
6. Ice machines 
7. Air-conditioning and heat pump units 
8. Aerosol products except the medical aerosol 
9. Portable fire extinguisher 
10. Insulation boards, panels and pipe covers 
11. Pre-Polymers 
12. Compressors as spare parts for equipment listed from 1-7 above 
 
 
 
Annex 1 
Substances Subject to Prohibition in Im ported Equipment, Tools and Products 
 
 
No. Chemical Name Chemical Short Formula Chemical Code Name 
1. Fluorotrichloromethane CFCl 3 CFC-11 
2. Diflorodichloromethane CF 2Cl2 CFC-12 
3. Trichlorotrifluoroethane C 2F3Cl3 CFC-113 
4. Dichlorotetrafluoroethane C 2F4Cl2 CFC-114 
5. Chloropentafluoroethane C 2F5Cl CFC-115 
6. Bromochlorodifluoromethane CF 2BrCl Halon-1211 
7. Bromotrifluoromethane CF 3Br Halon-1301 
8. Dibromotetrafluoroethane C 2F4Br2 Halon-2402 
9. Trifluorochloromethane CF 3Cl CFC-13 
10. Fluoropentachloroethane C 2FCl 5 CFC-111 
11. Difluorotetrachloroethane C 2F2Cl4 CFC-112 
12. Fluoroheptachloropropane C 3FCl 7 CFC-211 
13. Difluorohexachloropropane C 3F2Cl6 CFC-212 
14. Trifluoropentachloropropane C 3F3Cl5 CFC-213 
15. Tetrafluorotet rachloropropane C 3F4Cl4 CFC-214 
16. Pentafluorotrichloropropane C 3F5Cl3 CFC-215 
17. Hexafluorodichloropropane C 3F6Cl2 CFC-216 
18. Heptafluorochloropropane C 3F7Cl CFC-217 
19. Carbontetracchloride CCI 4 CTC 
20. I.I.I trichloroethane (Methyle 
Chloroform) C2H3CI3 CTA 
21. R -500  CFC-12/HFC-152a R-500 
22. R -502  HCFC-22/CFC151 R-502 
Note: Diplomats and passengers' personal luggage are excluded.  
 
 
 
  WT/ACC/SPEC/YEM/5/Rev.5 
 Page 123 
 
 
  List D - Wastes According to Basel Convention  
 
Waste Streams
1. Y1 Clinical wastes from medical care in hospitals, medical centers and clinics 
2. Y2 Wastes from the production and preparation of pharmaceutical products 
3. Y3 Waste pharmaceuticals, drugs and medicines 
4. Y4 Wastes from the production, formulation and use of biocides and phytopharmaceuticals 
5. Y5 Wastes from the manufacture, formulation and use of wood 
6. Y6 Wastes from the production, formulation and use of organic 
7. Y7 Wastes from heat treatment and tempering operations containing cyanides 
8. Y8 Waste mineral oils unfit for their originally intended use preserving chemicals 
9. Y9 Waste oils/water, hydrocarbons/water mixtures, emulsions 
10. Y10 Waste substances and Articles containing or contaminated solvents 
polychlorinated terphenyls (PCTs) a nd/or polybrominated biphenyls (PBBs) 
11. Y11 Waste tarry residues arising from refining, distillation and any pyrolytic treatment 
12. Y12 Wastes from production, formulation and use of  inks, dyes, pigments, pa ints, lacquers, varnish 
13. Y13 Wastes from production, formulation and use of resins, latex, plasticizers, glues/adhesives 
14. Y14 Waste chemical substances arising from research and development or teaching activities which are 
not identified and/or are new and whose effects on man and/or the environment are not known 
15. Y15 Wastes of an explosive nature not subject to other legislation 
16. Y16 Wastes from production, formulation and use of photographic chemicals and processing materials 
17. Y17 Wastes resulting from surface treatment of metals and plastics 
18. Y18 Residues arising from industrial waste disposal operations 
Wastes having as constituents 
1. Y19 Metal carbonyls 
2. Y20 Beryllium; beryllium compounds 
3. Y21 Hexavalent chromium compounds 
4. Y22 Copper compounds 
5. Y23 Zinc compounds 
6. Y24 Arsenic; arsenic compounds 
7. Y25 Selenium; selenium compounds 
8. Y26 Cadmium; cadmium compounds 
9. Y27 Antimony; antimony compounds 
10. Y28 Tellurium; tellurium compounds 
11. Y29 Mercury; mercury compounds 
12. Y30 Thallium; thallium compounds 
13. Y31 Lead; lead compounds 
14. Y32 Inorganic fluorine compounds excluding calcium fluoride 
15. Y33 Inorganic cyanides 
16. Y34 Acidic solutions or acids in solid form 
17. Y35 Basic solutions or bases in solid form 
18. Y36 Asbestos (dust and fibres) 
19. Y37 Organic phosphorus compounds 
20. Y38 Organic cyanides 
21. Y39 Phenols; phenol compounds including chlorophenols 
22. Y40 Ethers 
23. Y41 Halogenated organic solvents 
23. Y42 Organic solvents excluding halogenated solvents 
24. Y43 Any congenor of polychlorinated dibenzo-furan 
25. Y44 Any congenor of polychlorinated dibenzo-p-dioxin 
26. Y45 Organohalogen compounds other than substances referred to in this Anne x (e.g. Y39, Y41, Y42, 
Y43, Y44) 
27. Y46 Wastes collected from households 
28. Y47 Residues arising from the incineration of household wastes WT/ACC/SPEC/YEM/5/Rev.5 
Page 124  
 
  List E - Persistent Organic Pollutant s According to Stockholm Convention  
 
No. Name of Chemical CAS.NO 
1. Aldrin  309-00-2 
2. Chlordan 57-74-9 
3. Dieldrin                 60-57-1 
4. Endrin                  72-20-8 
5. Hexachlorobenzene 118-74-1 
6. Heptachlor 76-44-8 
7. Mirex 2385-85-5 
8. Toxaphene  8001-35-2 
9. DDT (1,1,1-trichloro-2,2bis(p-chlorophényl) éthane) 50-29-3 
10. Polychlorinated biphenyls    
11. PCDD).  POLYCHLORINAT)DIOXINSED DIBEZO  -P -DIOXINS  
12. PCDF).  POLYCHLORINATED)FURAN DIBENZO-FURANS   
 
  
  
   WT/ACC/SPEC/YEM/5/Rev.5
 Page 125Table 16:  Fees and Charges for Services Rendered on Exports  
S/N HS Code Description Fee Purpose Legal Reference 
1. Products covered in chapters 
03.00 and 16.00 - Tails of rocky lobster 
- Rocky lobster in full, frozen 
- Living lobster 
- Deep water lobster 
- Coastal shrimps 
- Deep water shrimps 
- Squid 
- Fresh fish 
- Frozen fish 
- Fillets of fresh and frozen 
fish 
- Fins of shark 
- Trepang 
- Harica and yareeka fish 
- Octopus 
- Crabs 
- Dried fish 
- Mince of fish - YRls 49 per kg 
- YRls 20 per kg 
 
- YRls 39 per kg 
- YRls 12 per kg 
- YRls 16 per kg 
- YRls 4 per kg 
- YRls 5 per kg 
- YRls 4 per kg 
- YRls 3 per kg 
- YRls 10 per kg 
 
- YRls 59 per kg 
- YRls 59 per kg 
- YRls 5 per kg 
- YRls 5 per kg 
- YRls 3 per kg 
- YRls 2 per kg 
- YRls 1 per kg Fees for services of examining 
and controlling the quality of 
Yemen's fish products in order to 
issue health certificate. Decision of the Minister of 
Fishery No. 58/2006 "On 
Determination of Fees for the 
Issue of Health Certificates per 
Each Shipment of Fish and 
Marine Organisms, Subject to the 
Law No. 2/2006 'On the 
Regulation of Fishing, Utilizing 
and Protecting Marine Life'". 
2. 38.08 Plant pesticides Two per thousand (2/1000) of the 
value of exportation Fees for export permit.  Law No. 25/1999 "On Regulation 
of Plant Pesticides Circulation". 
3.  Animal wealth YRls 1, 000 for each certificate Fees fo r the issue of veterinary 
certificate. Law No. 17/2004 "On Regulation 
and Protection of Animal 
Resources". 
4.  Goods subject to accredited 
standards YRls 1,000, providing that the 
product must be registered at the 
Yemeni Standardization, 
Metrology, and Quality Control 
Organization (YSMO), and the 
enterprise making such 
production should have a 
certificate to practice good 
manufacturing   Fees for the issuance of 
conformity certificate. Decision of the Minister of 
Industry and Trade No. 2/2003 
"On the Regulations of 
Conformity Assessment of Goods 
and Enterprises to Accredited 
Standards".   
  WT/ACC/SPEC/YEM/5/Rev.5 
Page 126 S/N HS Code Description Fee Purpose Legal Reference 
5. Items included in Chapter 06.00 Plant Consignment - YRls 1,500 
 
 
 
- YRls 3,000 
 
 
 
 
- YRls 3,000 
 
 
 
 
- YRls 50 
 
- YRls 100 - Fees for issuing a plant 
health certificate for 
exported or re-exported 
plant consignments. 
- Lab examination costs for 
each type or variety of 
consignment of seeds, 
tubers, bulbs, rhizomes 
seedlings, corms. 
- Lab examination costs for 
each type or variety of 
consignment of 
manufactured organic 
fertilizers or artificial soil. 
- For each 20 seedlings or 
sucker. 
- For each bunch of cuttings 
(not more than 50 cuttings). - Law No.32/1999 "On 
Plant Quarantine". 
- Ministerial Decree 
No. 29/2002 "On 
Determining the Fees to 
be Charged on Plant 
Consignments which 
Are Subject to the 
Provisions of the Law 
on Plant Quarantine and 
the Conditions for 
Exemption from such 
Fees". 
6. Chapter 12 
Chapter 31 - Seeds 
- Fertilizers - YRls 3,000 
- Determined according to the 
cost of each element Lab examination fees. Decree by the Minister of 
Agriculture No. 43/2005 "On 
Fees for Services of Registration and Examination of Seeds and 
Agricultural Fertilizers". 
  
   WT/ACC/SPEC/YEM/5/Rev.5
 Page 127Table 18:  List of Groups of Products and the Releva nt Conformity Assessment Systems Applied on them 
 
No. Item HS Code Conformity Assessment Procedure 
Group (1):  Toys 
1. Bicycles and wagons  9501 The manufacturer keeps technical reports and files that proves the product conformity to standards  or 
technical regulations.  The Certification Body perfor ms inspection, type testing and surveillance on 
production at random periods. 2. Dolls 9502 
3. Entertainment toys including 
puzzles and assembly toys 9503 
4. Toys in the form of animals or 
creatures 9503.40, 9503.41 
5. Other toys in the form of sets 
or groups 9503.70 
6. Toys with engine inside 9503.80 
Group (2):  Electrical and electronic products 
1. Cables and electrical wires 8544, 8544.10, 8544.20  
2. All types of conductors 8544.49.20, 8544.50, 
8544.51, 544.51.10, 
8544.40, 8544.41, 8544.41.20  
3. Circuit breakers 8536, 8536.20  
4. Electrical transformers 8504.21, 8504.22, 
8504.31, 8504.32, 8504.33, 850.34  
5. Receiving devi ces (television, 
radio and antenna, telephones, 
wireless phones and mobiles) 8528.00, 8528.11, 
8528.12, 8528.13, 
8527.00, 8527.10, 8527.12, 8527.13, 
8527.19, 8527.20, 
8527.21, 8527.29, 8529.10, 8529.10.10 The Certification Body performs inspection, type testing on the design and product, surveillance on 
production at random periods, in addition to assessment of quality system that includes design and 
surveillance on it. 
6. Fax and telex machines 8517.21, 8517.22  
7. Household freezers 8418.40 The manufacturer keeps a technical file that proves the product conformity to standards and techn ical 
regulations.  The Certification Body performs inspecti on, type testing and surveillance on production at 
random periods. 
8. Photocopying machines 9009.11, 9009.12, 
9009.21, 9009.22, 900.30   
  WT/ACC/SPEC/YEM/5/Rev.5 
Page 128 No. Item HS Code Conformity Assessment Procedure 
9. Lift and elevator systems 8428.10.10, 8431.31 The Certification Body performs inspection, type testing on the design and pro duct at random periods, 
assessment of the quality of the quality system that includes design and surveillance. 
10. Personal computers 8471.41 The manufacturer keeps a technical file that proves the product conformity to standards or techn ical 
regulations.  The Certification Body performs inspecti on, type testing and surveillance on production at 
random periods. 11. Telephones, wireless phones 
and mobiles 8517.10, 8517.11, 
8517.19, 8517.50, 8525.20.10 
12. Household microwave ovens 8516.50 
13. Household vacuum cleaners 
and water suction appliances 8509.10 
14. TV Display sets (video) 8521.10, 8521.90 
15. Household clothes drying 
machines 8451.21 
16. Air conditioners 8415.10 
17. Electrical ovens including 
cooking surfaces, kettles, grills 
and toasters 8516.60, 8516.71, 
8516.72 
Group (3): Vehicles 
1. Passenger automobiles, trucks 
and buses (new) 8701, 8702, 8703, 
8704, 8705 The Certification Body performs inspection, type tes ting at random periods, assessment of quality system 
and surveillance on it. 
2. Passenger automobiles, trucks 
and buses (used) 8701, 8702, 8703, 
8704, 8705 100% inspection. 
3. New tyres for passenger 
automobiles, trucks and buses 4011.10, 4011.20 The Certification Body performs inspection, type testing at random periods, assessment of quality system 
and surveillance on it. 
Group (4): Safety personal devices  
1. Safety head helmets 6506.10 The Certification Body performs  inspection, type testing and surveillance on production at rando m periods 
in addition to assessment of quality system relevant to production and surveillance on the quality system. 2. Rubber and plastic safety shoes 6402, 6401 
3. Eye protectors 9004 
4. Ears protectors 6506.10 
5. Nose and mouth masks 6506.10 
6. Safety gloves 6216  
   WT/ACC/SPEC/YEM/5/Rev.5
 Page 129No. Item HS Code Conformity Assessment Procedure 
Group (5):  Foodstuffs with its all types  
1. Frozen and fresh meats (beef, 
mutton, goat meat, chicken, 
fish and bowels) 2.01, 2.02, 2.03, 2.04, 
2.05, 2.05, 2.06, 2.07, 
2.08, 2.02, 3.03, 3.04, 
3.07 Product Conformity Certification Body will carry out the inspection for the batch pursuant to health and 
veterinary measures and Yemeni technical regulations. 
 
Required Procedures by Inspection Body/Required Ratification: 
- That the exported country of fr ee from animal epidemic diseases stipulated in the International 
Epidemics Office by-laws (a) and (b); 
- Regarding cow madness disease (for beef and its pr oducts), it will comply with the OIE Terrestrial 
Animal Health Code; 
- That butcheries where anim als are slaughtered are licensed officially  and subject to veterinary official 
supervision; 
- Regarding the use of hormones in bovine meat and its products, it should comply with the range 
specified by CODEX and the OIE; 
- That meats products were medically (veterin ary) examined before or after slaughter; 
- That meats have been brought to Yemen in accordance with transporting and storing food items 
conditions; and 
- That fishing methods are in pursuant to international practices. 
2. Meat products (canned meat, 
packed, smoked, salinity and processed meats … etc.) eggs 
and its products 2.10, 3.05, 3.06, 4.07, 
4.08, 4.10, 16.01, 16.02, 16.04, 16.05 The manufacturer maintains technical re ports and files that prove meat product are in conformity with the 
health measures and technical regulations.  The B ody will carry out testing, market surveillance, 
production in accordance with health measures and Yemeni technical regul ations or in accordance with the 
international standards in case unavailability of health measures or Yemeni technical regulations. 
 
Required Procedures by Inspection Body/Required Ratification: 
- That the factory uses meats conforming with  health measures applied in Yemen; and 
- That heath practices in items produced are in conformity with Yemeni technical regulations. 
3. Milk and dairy products 4.01, 4.02, 4.03, 4.04, 
4.05, 4.06, 21.05 The manufacturer maintains technical reports and f iles that prove milk and dairy products are in 
conformity with the health measures and technical regulations.  The Body will carry out testing, market 
surveillance, production in accordance with health measures and Yemeni technical regulations or in 
accordance with the inte rnational standards in case the unavailability of health measures or Yemeni 
technical regulations. 
 
Required Procedures by Inspection Body/Required Ratification: 
- That milk used in industry is imported from h ealthy cows and free from diseases, including cow 
madness disease; and 
- That the factory uses milk that is in conformity with health measures of Yemeni technical regulations.  
  WT/ACC/SPEC/YEM/5/Rev.5 
Page 130 No. Item HS Code Conformity Assessment Procedure 
4. Frozen and fre sh fruits and 
vegetables 7.01, 7.02, 7.03, 7.04, 
7.05, 7.06, 7.07, 7.08, 
7.09, 7.10, 7.11, 7.12, 
7.13, 7.14, 8.01, 8.02, 8.03, 8.04, 8.05, 8.06, 
8.07, 8.08, 8.09, 8.10, 
8.11, 8.12 Product Conformity Certification Body will carry out  batch inspection in accordance with plant health 
measures and Yemeni technical regulations. 
 
Required Procedures by Inspection Body/Required Ratification: 
- That the exported country is free from harmful pe sts and insects to plants in accordance with plant 
health agreement; 
- That imported fruits and vegetables do not contain pe sticides effects within the limits permitted in the 
lists issued by the Codex Alimentarius standards; 
- That fruits and vegetables are valid for human consumption; and 
- That transport is conformi ng with transporting and storing food items instructions. 
5. Packed and canned plant and 
vegetable products 20.01, 20.02, 20.03, 
20.04, 20.05, 20.06, 20.08 The manufacturer maintains technical reports and f iles that prove canned vegetable products are in 
conformity with health measures and technical regulations.  The Body will carry out the inspection for 
testing, market surveillance and production in accordance with health measures and Yemeni technical 
regulations or in accordance with the international standards in case unavailability of health measures or 
Yemeni technical regulations. 
 
Required Procedures by Inspection Body/Required Ratification: 
- That the factory uses vegetables and fruit items that valid for human consumption and used in food 
industry; and 
- That manufacturing practices app lied in the factory harmonized with Yemeni technical regulations. 
6. Dry and dehydrated plant and 
vegetable products (vegetables, 
cereals, fruits and crackers) 8.13, 8.14, 9.01, 9.01, 
9.02, 9.03, 9.04, 9.05, 
9.06, 9.07, 9.08, 9.09, 9.10, 10.01, 10.02, 
10.03, 10.04, 10.05, 
10.06, 11.01, 11.02, 11.03, 11.04, 11.05, 
11.06, 11.07, 11.08, 
11.09, 12.01, 12.02, 12.03, 12.04, 12.05, 
12.06, 12.07, 12.08, 
12.10, 12.12, 17.01, 17.02 Product Conformity Certification Body will carry out  batch inspection in accordance with plant health 
measures and Yemeni technical regulations. 
 
Required Procedures by Inspection Body/Required Ratification: 
- That the exported country is free from harmful pe sts and insects to plants in accordance with plant 
health agreement; 
- That the product does not contain pesticides effects within the limits permitted in the lists issued by 
the Codex Alimentarius standards; 
- That transport means are suitab le for transporting food items; 
- That the factory uses vegetables and fruit items that valid for human consumption and used in food 
industry; and 
- That manufacturer practices applied in the factory harmonized with Yemeni technical regulations.  
   WT/ACC/SPEC/YEM/5/Rev.5
 Page 131No. Item HS Code Conformity Assessment Procedure 
7. Drinks and Juices 20.09, 21.01, 22.09 The manufacturer maintains technical reports and files that prove drinks and juices ar e in conformity with 
health measures and technical regulations.  The Body will carry out the inspection for testing, market 
surveillance and production in accordance with health measures and Yemeni tech nical regulations or in 
accordance with the inte rnational standards in case un availability of health measures or Yemeni technical 
regulations. 
 
Required Procedures by Inspection Body/Required Ratification: 
- That the factory uses raw materials usable for food items and conforming with Yemeni technical 
regulations; 
- That manufacturer practices applied in the factory harmonized with Yemeni technical regulations; 
and 
- That transport of products is in conformity with  the conditions of storing and transporting for the 
materials. 
8. Sweets, candies and cocoa 
products 4.09, 17.03, 17.04, 
18.01, 18.02, 18.03, 
18.04, 18.06, 20.07 The manufacturer maintains technical reports and files that prove candies , sweets and cocoa products are in 
conformity with health measures and technical regulations.  The Body will carry out the inspection for 
testing, market surveillance and production in accordance with health measures and Yemeni technical 
regulations or in accordance with the international standards in case unavailability of health measures or 
Yemeni technical regulations. 
 
Required Procedures by Inspection Body/Required Ratification: 
- That the factory uses raw materials usable for food  industry and in conformi ty with Yemeni technical 
regulations; 
- That manufacturer practices applied in the factory harmonized with Yemeni technical regulations; 
- That the products transport are in conformity with  storing and transporting food items conditions; and 
- In case that the product cont ained milk items, it should be 
9. Baking products (biscuits, 
cakes, frozen paste and pasta) 19.01, 19.02, 19.03, 
19.04, 19.05, 21.02 The manufacturer maintain technical reports and files that prove baked products (biscuits, cakes, frozen 
pastes and pasta) are in conformity with health m easures and technical regulations.  The Body will carry 
out the inspection for testing, mark et surveillance and production in acco rdance with health measures and 
Yemeni technical regulations or in accordance with th e international standards in case unavailability of 
health measures or Yemeni technical regulations. 
 
Required Procedures by Inspection Body/Required Ratification: 
- That the factory uses raw materials usable for food  industry and in conformi ty with Yemeni technical 
regulations; 
- That manufacturer practices applied in the factory harmonized with Yemeni technical regulations; 
- That the products transport are in conformity with  storing and transporting food items conditions; and 
- In case that the product contained milk items, it shou ld be verified that milk is provided from free 
diseases animals, which includes cow madness disease.  
  WT/ACC/SPEC/YEM/5/Rev.5 
Page 132 No. Item HS Code Conformity Assessment Procedure 
10. Babies and infant foods 21.06 The manufacturer maintains technical reports and files that prove infants and baby food are i n conformity 
with health measures and technical regulations.  The Body will carry out the inspection for testing, market 
surveillance and production in accordance with health measures and Yemeni tech nical regulations or in 
accordance with the inte rnational standards in case un availability of health measures or Yemeni technical 
regulations. 
 
Required Procedures by Inspection Body/Required Ratification: 
- That milk used in manufacturing  is provided from healthy cows and fr ee from diseases, including 
cow madness diseases; 
- That manufacturer practices applied in the factory harmonized with Yemeni technical regulations; 
and 
- That the factory uses milk that is conforming with health conditions in accordance with Yemeni 
technical regulations. 
11. Sauces and soups (fluid and 
dry) 16.03, 21.03, 21.04 The manufacturer maintains technical reports and files that prove dry and fluid sauces and soups are in 
conformity with health measures and technical regulations.  The Body will carry out the inspection for 
testing, market surveillance and production in accordance with health measures and Yemeni technical 
regulations or in accordance with the international standards in case unavailability of health measures or 
Yemeni technical regulations. 
 
Required Procedures by Inspection Body/Required Ratification: 
- That the factory uses raw materials usable for food  industry and in conformi ty with Yemeni technical 
regulations; 
- That manufacturer practices applied in the factory harmonized with Yemeni technical regulations; 
- In case that the product contained milk items, it shou ld be verified that milk is provided from free 
diseases animals, which includes cow madness disease; and 
- In case, containing the product milk items, it should be verified that milk is provided from free 
diseases cows, especially cow madness disease.  
   WT/ACC/SPEC/YEM/5/Rev.5
 Page 133No. Item HS Code Conformity Assessment Procedure 
12. Oils and its products 15.07, 15.08, 15.09, 
15.10, 15.11, 15.12, 
15.13, 15.14, 15.15, 
15.16, 15.17, 15.18 The manufacturer maintains technical reports and files that prove oils and oil products are in conformity 
with health measures and technical regulations.  The Body will carry out the inspection for testing, market 
surveillance and production in accordance with health measures and Yemeni tech nical regulations or in 
accordance with the inte rnational standards in case un availability of health measures or Yemeni technical 
regulations.   
 
Required Procedures by Inspection Body/Required Ratification: 
- That the factory uses raw materials usable for food  industry and in conformi ty with Yemeni technical 
regulations; 
- That manufacturer practices applied in the factory harmonized with Yemeni technical regulations; 
- That the products transport are in conformity with  storing and transporting food items conditions; and 
- That transport means for oils (D) are suitable fo r food items in accordance with health conditions. 
13. Bottled water, mineral and 
soda 22.01, 22.02 The manufacturer maintains technical reports and files that prove bottled water, mineral and soda are in 
conformity with health measures and technical regulations.  The Body will carry out the inspection for 
testing, market surveillance and production in accordance with health measures and Yemeni technical 
regulations or in accordance with the international standards in case unavailability of health measures or 
Yemeni technical regulations. 
 
Required Procedures by Inspection Body/Required Ratification: 
- That the factory uses raw materials usable for food  industry and in conformi ty with Yemeni technical 
regulations; 
- That manufacturer practices applied in the factory harmonized with Yemeni technical regulations; 
and 
- That the products transp ort is in conformity with storing and transporting food items conditions. 
14. Food additives  The manufacturer maintains technical reports and files that prove food additives are in conformity with 
health measures and technical regulations.  The Body will carry out the inspection for testing, market 
surveillance and production in accordance with health measures and Yemeni tech nical regulations or in 
accordance with the inte rnational standards in case un availability of health measures or Yemeni technical 
regulations. 
 
Required Procedures by Inspection Body/Required Ratification: 
- That the materials used in manufacturing food additives are valid for human consumption in 
accordance with internationa l Alimentarius commission; 
- In case containing food additives an ingredients related to cow origin; and 
- If the product is related to meats.  
  WT/ACC/SPEC/YEM/5/Rev.5 
Page 134 No. Item HS Code Conformity Assessment Procedure 
Group (6):  Steel Bars for the 
Re-enforcement of Concrete 7208,7209,7210,7211, 
7212, 7213, 7214,7215 The manufacturer keeps a technical file that proves the product conformity to standards or technical 
regulations.  The Certification Body performs inspection, type testing on the product at random periods, 
assessment of the quality system that includes design and surveillance. 
Group (7):  Portable Steel Cylinders 
for Liquefied Petroleum Gases 
(LPG) 7311 The manufacturer keeps a technical file that proves the product conformity to standards or technical 
regulations.  The Certification Body performs inspection, type testing on the design and product at random 
periods, assessment of the quality system that includes design and surveillance. 
Group (8): Timber 4407,4408,4409,4410, 
4411,4412,4418,4420, 4421 The manufacturer keeps a technical file that proves the product conformity to standards or technical 
regulations.  The Certification Body performs inspection, type testing on the design and product at random 
periods, assessment of the quality system that includes design and surveillance. 
  
_______________  
 
  WT/ACC/SPEC/YEM/5/Rev.5 
 Page 135 
 
 
  [DRAFT DECISION 
ACCESSION OF THE REPUBLIC OF YEMEN 
Decision of […] 
 The [Ministerial Conference][General Council], 
 Having regard to  paragraph 2 of Article X II and paragraph 1 of Article IX of the Marrakesh 
Agreement Establishing the World Trade Orga nization (the "WTO Agreement"), and the 
Decision-Making Procedures under Articles IX and XII of the WTO Agreement agreed by the 
General Council (WT/L/93), 
 [ Conducting  the functions of the Ministerial Conference in the interval between meetings 
pursuant to paragraph 2 of Article IV of the WTO Agreement,] 
 Taking note of  the application of the Republic of Yemen for accession to the 
WTO Agreement dated 14 April 2000, 
 Noting  the results of the negotiations directed toward the establishment of the terms of 
accession of the Republic of Yemen to the WTO Agre ement and having prepared a Protocol on the 
Accession of the Republic of Yemen, 
 Decides  as follows: 
1. The Republic of Yemen may accede to the WT O Agreement on the terms and conditions set 
out in the Protocol annexed to this Decision. 
 
_______________ 
   WT/ACC/SPEC/YEM/5/Rev.5 
Page 136  
 
  DRAFT PROTOCOL 
ON THE ACCESSION OF THE REPUBLIC OF YEMEN 
Preamble 
 The World Trade Organization (hereinafter referred to as the "WTO"), pursuant to the approval 
of the [Ministerial Conference] [General Council ] of the WTO accorded under Article XII of the 
Marrakesh Agreement Establ ishing the World Trade Organization (hereinafter referred to as the "WTO 
Agreement"), and the Republic of Yemen,  
 Taking note of the Report of the Working Party on the Accession of the Republic of Yemen to 
the WTO Agreement reproduced in document WT/ACC/Y EM/[…], dated [...] (hereinafter referred to as 
the "Working Party Report"), 
 Having regard to  the results of the negotiations on the accession of the Republic of Yemen to 
the WTO Agreement,  
 Agree  as follows: 
PART I - GENERAL 
1. Upon entry into force of this Prot ocol pursuant to paragraph 8, the Re public of Yemen accedes 
to the WTO Agreement pursuant to  Article XII of that Agreement and thereby becomes a Member of 
the WTO.  
2. The WTO Agreement to which the Republic of Yemen accedes shall be the WTO Agreement, 
including the Explanatory Notes to that Agreement, as  rectified, amended or ot herwise modified by such 
legal instruments as may have entered into force before the date of entry into force of this Protocol.  This 
Protocol, which shall include the commitments referred to in para graph [...] of the Working Party 
Report, shall be an integral part of the WTO Agreement. 
3. Except as otherwis e provided for in paragraph [...] of the Working Party Report, those 
obligations in the Multilateral Trade Agreements annexed to the WTO Agreement that are to be 
implemented over a period of time starting with the entry into force of that Agreement shall be 
implemented by the Republic of Yemen as if it had accepted that Agreement on the date of its entry into 
force. 
4. The Republic of Yemen may maintain a measure in consistent with paragra ph 1 of Article II of 
the GATS provided that such a measure was recorded in  the list of Article II Exemptions annexed to this 
Protocol and meets the conditions of the A nnex to the GATS on Article II Exemptions. 
PART II - SCHEDULES 
5. The Schedules reproduced in Annex I to th is Protocol shall become the Schedule of 
Concessions and Commitm ents annexed to the General Agr eement on Tariffs and Trade 1994 
(hereinafter referred to as the "GATT 1994") and the Schedule of Specific Co mmitments annexed to the 
General Agreement on Trade in Services (hereinafter referred to as "GATS") relating to the Republic of Yemen.  The staging of the concessions and commitmen ts listed in the Schedu les shall be implemented 
as specified in the relevant pa rts of the respective Schedules.  WT/ACC/SPEC/YEM/5/Rev.5 
 Page 137 
 
 
  6. For the purpose of the reference in paragraph 6(a)  of Article II of the GATT 1994 to the date of 
that Agreement, the applicable date in respect of the Schedules of Conc essions and Commitments 
annexed to this Protocol shall be the date  of entry into force of this Protocol. 
PART III - FINAL PROVISIONS 
7. This Protocol shall be open for acceptance, by signature or otherwise, by the Republic of 
Yemen until [...] or such later date as may be decide d by the [Ministerial Conf erence][General Council]. 
8. This Protocol shall enter into force on the thirtieth day following the day upon which it shall 
have been accepted by the Republic of Yemen.  
9. This Protocol shall be deposited with the Director-General of the WTO.  The Director-General 
of the WTO shall promptly furnish a certified copy of this Protocol and a notification of acceptance by 
the Republic of Yemen thereto pursuant to paragr aph 7 to each Member of the WTO and to the 
Republic of Yemen.   
 This Protocol shall be register ed in accordance with the provisi ons of Article 102 of the Charter 
of the United Nations.   
 Done at Geneva this [...] day of [...] in a single copy in the English, French and Spanish 
languages, each text being authentic, except that a Schedule annexed hereto may specify that it is 
authentic in only one of these languages, and the Wo rking Party Report is authentic in English only. 
_______________ WT/ACC/SPEC/YEM/5/Rev.5 
Page 138  
 
  ANNEX I 
SCHEDULE ... - THE REPUBLIC OF YEMEN 
Authentic only in the English language. 
(Circulated in document WT/ACC/YEM/../Add.1) 
_______________ 
SCHEDULE OF SPECIFIC COMMITMENTS ON SERVICES 
LIST OF ARTICLE II EXEMPTIONS 
Authentic only in the English language. 
(Circulated in document WT/ACC/YEM/../Add.2)] 
__________