RESTRICTED  
  
WT/ACC/YEM/42  
 
4 October 2013  
(13-5369)  Page: 1/99  
Working Party on the Accession of Yemen    
 
  REPORT OF THE WORKING PARTY ON  
THE ACCESSION OF YEMEN TO  
THE WORLD TRADE ORGANIZATION WT/ACC/YEM/42 
 
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  I. INTRODUCTION ....................................................................................................... 4  
DOCUMENTATION PROVIDED ........................................................................................... 4  
INTRODUCTORY ST ATEMENTS ......................................................................................... 4  
II. ECONOMIC POLICIES .............................................................................................. 5  
-  Monetary and Fi scal Policy ...................................................................................... 5  
-  Foreign Exchange and Payments ............................................................................. 6  
-  Investment Regime ................................................................................................. 6  
-  State Ownership, Privatization and State-Trading Entities ...................................... 9  
-  Pricing Poli cies ...................................................................................................... 12  
-  Competition Policy ................................................................................................ 12  
III. FRAMEWORK FOR MAKING AND ENFORCING PO LICIES ........................................ 13  
-  Powers of Executive, Legislative and Judicial Branches of Government ................ 13  
-  Authority of Sub-Central Governments .................................................................. 15  
IV. POLICIES AFFECTING TRADE IN GOODS ............................................................... 15  
-  Trading Rights ....................................................................................................... 15  
A. IMPORT REGU LATIONS ......................................................................................... 18  
-  Ordinary custom s duties ....................................................................................... 18  
-  Other duties an d charge s ...................................................................................... 19  
-  Tariff rate quotas, ta riff exempt ions ..................................................................... 19  
-  Fees and charges for se rvices rendered ................................................................ 20  
-  Application of internal  taxes to imports ................................................................ 22  
-  Quantitative import restrictions, including prohibitions, quotas and 
licensing sy stems .................................................................................................. 23  
-  Customs valuation ................................................................................................. 28  
-  Rules of or igin ....................................................................................................... 30  
-  Other customs fo rmalities ..................................................................................... 31  
-  Preshipment inspection ......................................................................................... 32  
-  Anti-dumping, countervailing du ties, safeguar d regimes ...................................... 32  
B. EXPORT REGU LATIONS ......................................................................................... 33  
-  Customs tariffs, fees and charges for services rendered, application of 
internal taxes to exports ....................................................................................... 33  
-  Export restrictions ................................................................................................ 33  
C. INTERNAL POLICIES AFFECTING FOREIGN TRADE IN GOODS ............................... 33  
-  Industrial policy, in cluding subs idies .................................................................... 33  
-  Technical barriers to trade, st andards and cert ification ........................................ 36  
-  Sanitary and phytosani tary meas ures ................................................................... 42  
-  Trade-related investment measures ...................................................................... 46  
-  Free zones, special economic areas ....................................................................... 47  
-  Government pr ocurement ..................................................................................... 48  
-  Transit ................................................................................................................... 48  
-  Agricultural policies .............................................................................................. 48  WT/ACC/YEM/42 
 
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  (a) Import s ................................................................................................................. 48  
(b) Exports .................................................................................................................. 49  
(c) Internal po licies .................................................................................................... 49  
-  Textiles re gime ..................................................................................................... 49  
V. TRADE-RELATED INTELLECTUAL PROPERTY REGIME ............................................. 49  
-  GENERAL ............................................................................................................... 49  
-  Industrial property protection ............................................................................... 49  
-  Responsible agencies for policy fo rmulation and implementation ......................... 50  
-  Participation in international inte llectual property  agreements ............................ 50  
-  Application of national and MFN treatment to foreign nationals ............................ 50  
-  Fees and taxes ...................................................................................................... 50  
-  SUBSTANTIVE STANDARDS OF PROTECTION, INCLUDING PROCEDURES 
FOR THE ACQUISITION AND MAINTENA NCE OF INTELLECTUAL PROPERTY 
RIGHTS ................................................................................................................. 51  
-  Copyright and rela ted rights ................................................................................. 51  
-  Trademarks, includin g service marks .................................................................... 52  
-  Geographical indications, including appellations of origin ..................................... 53  
-  Industrial designs ................................................................................................. 54  
-  Patents .................................................................................................................. 55  
-  Plant variety protection ......................................................................................... 56  
-  Layout designs of inte grated circuits .................................................................... 56  
-  Requirements on undisclosed informatio n, including trade secrets and test 
data ....................................................................................................................... 56  
-  MEASURES TO CONTROL ABUSE OF IN TELLECTUAL PROPERTY RIGHTS ................ 57  
-  ENFORCEMENT ...................................................................................................... 57  
-  Civil judicial procedur es and reme dies .................................................................. 57  
-  Provisional measures ............................................................................................ 58  
-  Administrative procedur es and reme dies .............................................................. 58  
-  Special border measures ....................................................................................... 59  
-  Criminal proc edures  .............................................................................................. 59  
VI. POLICIES AFFECTING TR ADE IN SERVICES ........................................................... 62  
VII. TRANSPARENCY .................................................................................................... 64  
-  Publication of information on trade ....................................................................... 64  
-  Notifications .......................................................................................................... 65  
VIII. TRADE AGREEMENTS ............................................................................................. 65  
CONCLUSI ONS ............................................................................................................... 65  
ANNEXES ........................................................................................................................ 67  
APPENDIX ......................................................................................................................  96 WT/ACC/YEM/42 
 
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  I. INTRODUCTION 
1. The Government of the Republic of Yemen applied for accession to the World Trade 
Organization (WTO) in April 2000.  At its meeting on 17 July 2000, the General Council established a Working Party to examine the application of th e Government of Yemen to accede to the World 
Trade Organization under Article XII of the Ma rrakesh Agreement establishing the WTO.  The 
terms of reference and the membership of th e Working Party are reproduced in document 
WT/ACC/YEM/2/Rev.17. 
2. The Working Party met on 30 November 2004, 3 October 2005, 7 July 2006, 
2 November 2007, 24 October 2008, 3 July 2009, 26 January 2010, 21 September 2010, 30 April 2012, 23 July 2012 and 26 September 2013 under the Chairmanship 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 th e 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/YE M/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 Government 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 accession process, with trade liberalization a key component of the reforms.  Following on from a structural adjustment programme launched in 
1995, Yemen had begun implementation of a poverty reduction programme with the assistance of 
the IMF, the World Bank and other development partners.  His Government was also a beneficiary of the Enhanced Integrated Framework initiative and looked forward to benefiting from 
trade-related technical assistance. 
5. He added that Yemen, as a least-developed country (LDC), sought to benefit from all the 
special and differential provisions and the flexibilities 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 particular 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 under taken, Members noted that further work was 
needed to achieve compliance with WTO rules and disciplines.  Some Members indicated that they 
would continue to extend technical assistance to facilitate Yemen's accession to the WTO.  Yemen's 
status as an LDC was recognized, and in keeping wi th the guidelines 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 Yemen's foreign trade regime, and on the terms 
and conditions of Yemen's accession to the WTO, are summarized below in paragraphs 8 to 285. WT/ACC/YEM/42 
 
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  II. ECONOMIC POLICIES 
- Monetary and Fiscal Policy 8. The representative of Yemen said that the Central 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 liquidity 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 Procedures for Granting Licenses for Banking Activities" 
and Law No. 21/1996 "On Islamic Banks" regulated banking activities.  The CBY was responsible for monitoring and supervising the banking sector , and issuing licenses for banking activities.  
Currently, the banking sector comprised nine Yemeni banks, four branches of foreign banks and 
four joint venture banks. 
10. Reform and development of monetary 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 reserves; restructuring the public and mixed banking sector to stimulate savings, lending and investment; developing specialized financial institutions 
for exports, sectoral development, and introduc ing loans for target groups (women, the poor, 
etc.); mobilizing domestic savings and increasing loans by banks and financial institutions to the 
private sector; minimizing the build-up of the Government's foreign debt, particularly from 
non-concessional sources, and negotiating a new round of debt forgiveness with the Paris Club; 
developing financial markets through a supportive legislative and institutional environment; 
improving the functioning of the treasury bills market; and, enhancing 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 benchmark interest earned on deposits 
currently pegged at 20 per cent and lending rates hovering around 27 per cent.  The growth 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, 
reflected in the decline in the level of dollariza tion 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 ha d kept pace 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 controlling the 
budget deficits by limiting the growth in current expenditure and financing deficits from 
non-inflationary sources; restructuring the budget to increase outlays and investment on infrastructure, education and health; developing and diversifying the Government's revenue sources 
and tax base; improving tax laws and applying a simplified and transparent tax policy; eliminating 
discrimination against domestic production and exports in tax administration; and, mobilizing domestic and foreign resources to finance public projects.  Information on Government revenue is summarized in Table 1. 
 WT/ACC/YEM/42 
 
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  Table 1: Government Revenue 
Source :  Central Bank of Yemen.  
- Foreign Exchange and Payments 
13. The representative of Yemen said that the Central Bank of Yemen, in consultation with the 
Government, formulated and implemented Yemen's foreign exchange regime and policies.  The 
CBY was responsible for simplifying payments proc edures, 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 banknotes 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 exchange 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 remittance 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 borrowing or lending and maintaining 
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 increased petroleum revenue, had relieved 
pressure on the capital account and increased the current account surplus.  In 2005, the current 
account surplus of YRls 122.5 billion had more than offset the capital account deficit of YRls 47.8 
billion.  Yemen's balance of payments had moved fr om a deficit 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 billion 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 and retail trade were outside the 
purview of the Investment Law and governed by  s e p a r a t e  l e g i s l a t i o n .   I n  a d d i t i o n ,  L a w  
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 telecom sector governed by the (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/YEM/42 
 
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  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 exploration and extraction of oil and gas was governed by "Special Agreements" between his Go vernment, represented by the Ministry of Oil 
and Minerals, and the petroleum companies in accord ance with Article 18 of the Constitution.  The 
"Special Agreements" or "Production Sharing Agreements" covered hydrocarbon exploration concessions.  These agreements were approved by the Council of Ministers and subsequently 
forwarded to the House of Representatives (Parliam ent) for ratification and enactment into law.  
Yemen applied such measures in a similar fashion to other countries around 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. 24/2002.  
Investments in banks, exchange bureaus and financial companies were governed by the Law 
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 amended 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 Authority had been established in 1992, serving as 
a one-stop shop for investment.  The Authority provided data requested by investors; streamlined 
procedures to initiate, expand, develop 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 investment applications together with supporting documentation against criteria such as compliance with applicable technical standards and 
disciplines; commitments to implement the project as  per approved plans; and, ensuring limited or 
no negative environmental impact.  Foreign and domestic investors 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  with 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 decisions, the representative of Yemen said 
that investors could submit objections in writing to the 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 deci sion-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 within 30 days.  Having exhausted the administrative channels of appeal, the investor could also file an appeal with the courts.  
22. Investment disputes could be referred to arbitration by written agreement between the 
parties.  The arbitrators' decisions had the same power and effect 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 the Unified Investment Agreement for 
Arab Capital Investment in Arab countries, the International Convention for the Settlement of 
Investment Disputes between the State and the nationals of another State, the commercial arbitration rules and procedures of the United Nations' International Law Commission; or any WT/ACC/YEM/42 
 
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  international or bilateral agreement to which Yemen was a signatory.  Yemen had concluded 
bilateral investment treaties with Algeria, Austria, Belarus, Belgium, Bulgaria, China, Croatia, Djibouti, Egypt, Eritrea, Ethiopia, France, Germany,  Hungary, India, Indonesia, Iran, Italy, Jordan, 
People's Democratic Republic of Korea, Kuwait, the Lebanese Republic, Malaysia, Mauritania, 
Mongolia, Morocco, the Netherlands, Oman, Pakistan, Qatar, Romania, the Russian Federation, 
South Africa, Sudan, Sweden, Syria, Tunisia, Tu rkey, Ukraine, United Arab Emirates and the 
United Kingdom.  Yemen was a member of the International Convention for the Settlement of 
Investment Disputes and the Islamic Corporation Agreement for Investment Guarantee and Export 
Credit.  However, Yemen was not a party to the Convention on the Recognition and Enforcement 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 expropriation, foreign investors were 
entitled to the same compensation as that offered to domestic investors.  Investors were 
permitted to employ foreign nationals according to  the needs identified in the project's list of 
requirements.  Non-Yemeni personnel could be granted three-year renewable 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 industries covered by the Law could avail of the tax exemptions.  The value of the fixed assets of the project should exceed YRls 50 million; except 
in agriculture and for small projects with at least 10 employees.  Incentives for tourist 
establishments 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 exemptions with supporting documents (the project's registration certificate and documents 
proving commercial registration and the start-up  of production) had to be submitted within 
90 days of commencing operations.  The General In vestment Authority verified that the project 
fulfilled the conditions to benefit from the incent ives, and issued a tax exemption certificate within 
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 
investment 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 for no more than 10 per cent of the fi xed 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 duration 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 Yeme ni 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.  Investments in joint-stock companies were entitled to an 
extra two-year tax exemption when at least 25 per cent of the equity was owned by Yemenis.  
An additional two years of tax exemption could also 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 fo r duty and tax exemptions 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 exemptions could also be applied proportionally 
in case of project expansions.  Profits from exports were 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 export or the use of local content, reminding Yemen 
that the Agreement on Subsidies and Countervaili ng Measures did not exempt LDCs from the 
prohibition of local content or export performance subsidies.  Yemen was urged to abolish such WT/ACC/YEM/42 
 
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  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 timetable for phasing out prohibited investment incentives contingent upon the use of 
domestic over imported goods.   
26. In reply, the representative of Yemen provided 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 and 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 flexibilities 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 Investme nt Law, a Member noted that enterprises 
with investments already in operation would cont inue receiving 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 registered 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 impo rt duty exemptions 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, Privatizatio n and State-Trading Entities 
28. The representative of Yemen said that State- owned 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 estab lishing these 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 fixed-line telephone services (the Public Telecommunication Corporation), 
international telecommunication services (TeleYemen), electricity 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 monopolies, but would allow private sector participation gradually to ensure universal access to essential services.  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 enterp rise 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 en terprises.  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 me mbers were elected by the general assembly of 
the enterprise.  The formation of the Board of Directors and decision 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 pa rtly-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 av ailable to the shareholders or the public, and 
whether State-owned enterprises issued annual reports available to the public - the representative WT/ACC/YEM/42 
 
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  of Yemen said that the Boards of Directors established the policies and objectives of the 
institutions; approved investment plans; endorsed administrative and financial regulations; 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, approved 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 subject 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-controlled 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 units of the "mixed" sector in 
recognition of the commercial nature of their activities, and excluded 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"; Repub lican 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 State in the management of the economy; reduce the expenditure and increase the efficiency of State- owned enterprises; encourage private investment 
and ownership; and, enhance the inflow of in vestment and advanced technology.  Local and 
foreign investors enjoyed equal opportunities to participate in the privatization process.  Information on enterprises that have been privatized, liquidated 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 Article 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 partnerships; 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 procedures were standardized, transparent, neutral and non-di scriminatory.  The TPO provided technical 
information and inputs (e.g. studies, proposals,  design of privatization programmes, tendering 
procedures and contracts), and was the technical body servicing the Supreme Committee for 
Privatization.   
35. The functions of the Supreme Committee for Privatization included (i) approving studies 
and proposals to assist decision-making and evalua tion 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 Directors in enterprises slated for privatization; (iv) addressing the financial, administrative and legal 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 execution of the project.  He added that the tasks and 
functions of the Supreme Committee for Privatizatio n were being modified in a draft amendment to 
the Law No. 45/1999.   WT/ACC/YEM/42 
 
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  36. The representative of Yemen said that the TPO published announcements on privatization 
in "Althowrah" and "14th of October" - two daily newspapers with wide circulation in Yemen - to 
ensure transparency in the privatization process.  The law allowed the publication process to include all mass media, including the Internet.  The TPO provided leaflets 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 State-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 regulation and a ll imports and exports of crude oil, natural gas 
and petroleum products.  In this respect, the holding company and its affiliates - the Yemen Oil 
Company, the Yemeni Company for Distribution of  Oil Derivatives, the Ad en Refinery Company, 
the Yemen Gas Company and the Yemen Refining Company - held exclusive rights in the 
exploration, distribution, refining, processing, ma rketing, importation and exportation of oil, gas 
and refined petroleum.  The holding company was exempt from payment of all customs duties and 
taxes.  Trading in petroleum products was supervis ed to conserve an exhaustible natural resource 
and to rationalize its use.  Asked how the Gene ral Corporation 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.  Local consumption of petroleum products was forecast 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 need ed 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 expand 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.  
Importation 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 affiliates, a Member requested further information 
on how import needs were determined and the mechanism 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 quantities.  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 case 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 had no incentive to import these petroleum products, 
a s  t h e y  w e r e  s o l d  a t  p r i c e s  b e l o w  w o r l d  m a r k e t  l e v e l s  i n  Y e m e n .   A s  t h e  t w o  p r o d u c t s  w e r e  subsidized by the Treasury, the Ministry of Oil an d Minerals determined the imported quantities in 
consultation with the Ministry of Finance.  The Mi nistry then assigned the respective GCOG affiliate 
to purchase and distribute the imports.  The deci sions 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 enterprise 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.   WT/ACC/YEM/42 
 
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  42. The representative of Yemen confirmed that from the date of accession Yemen would 
ensure that all State-owned, State-controlled, and other enterprises 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 considerations, e.g. price, 
quality, marketability and availability, and that the enterprises of other WTO Members would have 
an adequate opportunity in accordance with cust omary practice to compete for such purchases or 
sales.  In addition, Yemen would not influence, directly or indirectly, commercial 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 any 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 exclusive privileges in accordance with 
Article XVII of the GATT 1994 and the Understanding on  that Article.  The Working 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 subject to Government intervention.  For goods 
and services provided by State-owned enterprises,  his Government determined the prices of oil 
derivatives, fixed telephone services and public g oods or essential services 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 we re subsidized, notably oil derivatives, while the 
prices of other products included a modest profit margin.  All consumers paid the same prices for these products.   
44. His Government had reviewed the price regulations on petroleum products with a view to 
further liberalization.  The prices of turbine aircra ft 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 litre) of petrol from YRls 35 to 70; diesel 
from YRls 17 to 45; kerosene from YRls 16 to 40; and, LPG from YRls 205 to 1,000 per cylinder.  All other petroleum products were sold at international market prices.  Crude oil had been exported at an average price of US$62.93 per barre l in 2006.  Yemen's oil production had declined 
steadily from 160 million barrels in 2001 to 107 million barrels in 2008.  Local consumption of 
petroleum products had amounted to 5.74 million tonnes in 2008, and exports 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 compliance with Articles III:4 and XI:1 of the GATT 1994 and Article 4 of the Agreement on Agriculture.  He also confirmed 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 price control and any changes to this list in its Official Gazette and would continue to do so after 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 practices in Yemen.  The Law excluded from its scope provisional me asures taken by the Council of Ministers in 
emergency or force majeure  instances; rights conferred through the 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 authority - the "Anti-Monopoly and 
Competition Protection Authority" - to define the policies and procedures needed to protect and encourage competition.  The Authority could intervene against monopolistic or anti-competitive WT/ACC/YEM/42 
 
- 13 - 
 
  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 wo uld approach the Ministry of Industry and Trade 
to hand over the matter to the general prosecutor for further investigation and action before the 
court against the perpetrator.  He added that a new draft Law "On Monopoly and Anti-Competitive 
Behaviour" was in preparation.   
III. FRAMEWORK FOR MAKING AND ENFORCING POLICIES 
- Powers of Executive, Legislative an d Judicial Branches of Government 
48. The representative of Yemen said that the Pr esident was the Head of State in Yemen.  
The President was elected for seven-year terms.  The President, together with the Council of 
Ministers, exercised executive power in accordan ce 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 Ministers was the highest executive and administrative body.  Tasks carried 
out by the Council of Ministers included prep aring the Final Accounts Statements, the State 
Economic Plan, the annual public budget, and supervising the implementation of the annual 
budget.  The Council of Ministers was also responsible for drafting laws, decrees, and approving 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 Accounts Statements, 
etc.  The President issued the decisions or decr ees on treaties and agreements ratified by the 
House of Representatives.  In addition to the Ho use of Representatives, the Shura (Consultative) 
Council had been established by Presidential Decree and comprised 111 members.  Members of 
the Shura Council were appointed by the Presid ent and were neither members of the House of 
Representatives nor local councils.  The Shura Council made recommendations and commissioned studies to assist the Government in drawing up its development strategies.   
51. The judiciary was an independent, financially 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 were divided into Primary 
Courts, Courts of Appeal and the Supreme Court.  Furthermore, Republican Decree No. 378/1999 
established Commercial Courts (primary level) and the Departments of Appeal.  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 Commercial 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 extended 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 an d commercial cases.  Enforcement of civil cases 
was carried out through fines, detention, seizure, receivership, etc.  Public authorities were obliged 
to assist in the enforcement of court rulings.  Criminal 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 reconsideration; and, cassation through appeals in the 
Supreme Court.  The rulings of the Supreme Court were final.  The time required by a court to WT/ACC/YEM/42 
 
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  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 implie d that the parties waived their right to resort 
to the court system.  The parties to the dispute chose the members 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 considered 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 Official Gazette.  The provisions of international agreements approved by the House of Representa tives and ratified and signed by the President 
were considered part of the domestic law.  His Government implemented the ratified international 
agreements by deploying the same mechanisms an d instruments available to implement domestic 
laws.  As outlined in the provisional legislative 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 no ted 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 regime in conformity with WTO requirements by the 
date of accession even if full implementation 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 periods as specified in the relevant action plans.  
56. The Ministry of Industry and Trade was responsible for formulating and implementing 
Yemen's trade policies.  Other relevant Ministries and agencies 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 Fisheries; the Ministry of Tourism and Environment; the Ministry of Communications; the 
Ministry of Public Health and Population; the Ministry of Social Affairs and Labour; the Ministry of 
Culture; and, the Ministry of Transp ortation and Maritime Affairs.   
57. The representative of Yemen confirmed that the current Constitution, laws and regulations 
provide the necessary institutional base for the prompt 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 rulings on matters subject to WTO provisions to the courts or other independent tribunals in conformity with WTO obligations, including those set-out 
in Article X of the GATT 1994, Article 23 of the Agreement on Subsidies and Countervailing 
Measures, Article 11 of the Agreement on Impl ementation of Article VII of the GATT 1994, 
Article 62 of the Agreement on Trade-Related Aspect s of Intellectual Property Rights and Article VI 
of the GATS.  The tribunals or procedures would also include actions relating to the 
implementation of national treatment, conformity  assessment, the regulation, control, supply or 
promotion of a service, including the grant or de nial of a licence to provide a service and other 
matters.  The tribunals or procedures responsible for such reviews would be impartial and 
independent of the agency entrusted with admi nistrative enforcement and would not have any 
substantial interest in the outcome of the ma tter.  The review procedure would include the 
opportunity for appeal, without penalty, by individuals or enterprises affected by any 
administrative action subject to review.  Notice of the decision on appeal would be given to the 
appellant and the reasons for such a decision woul d be provided in writing.  The Working Party 
took note of these commitments. WT/ACC/YEM/42 
 
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  - Authority of Sub-Central Governments 
58. The representative of Yemen said that the Local Councils Law No. 4/2000 outlined the 
authority of the central government to draw up general policies; formulate rules and regulations; train, supervise and implement nation-wide projec ts; and, upon request, to implement projects 
local councils found difficult to ex ecute.  He stated that the central government had full control and 
powers to implement the requirements of the WT O Agreements.  The central government retained 
the authority to impose taxes, investment regula tions, and the granting of benefits, and local 
authorities had no jurisdiction on these matters.  Sub-central authorities 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 Accession 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 where WTO provisions were not being applied or were applied in a non-uniform manner, 
central authorities would act to enforce WTO provisions without 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 natural or legal persons wishing to engage in 
importation were required to register with the General Directorate for Commercial Registration under the Ministry of Industry and Trade.  Expo rters were also required to obtain a Commercial 
Registration Permit (Export Category) from the bran ches of the Ministry 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 Decision No. 57/2009 
depended on the legal form of the registered en tity, i.e. joint-stock company (YRls 50,000); joint 
liability company (YRls 20,000); limited partnership with shares (YRls 20,000); limited 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 for importation and exportation were simplified, 
inexpensive and a convenient regulatory requirem ent.  The registration procedures could be 
completed within one week.  The application an d 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 companies (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 companies).  A Ministerial Decision on the registration of the firm was subsequently issued.  The Minister 's approval of the establishment of a firm for 
importation was obtained by submitting an application together with copies of IDs or passports of 
the company's founders; a bank certificate declaring the capital assets; and, the firm's Articles and Memorandum of Association.  He stressed that a trading company registered only once to practice 
all the activities described in its memorandum of association and articles of association.  Renewal 
of commercial registration was automatic an d did not require ministerial approval.  
62. Asked whether every business operating in Yemen needed registration and had its 
registration approved by a Minister, and whether Yemen had any intention to streamline its 
commercial registration procedures to make them less burdensome for importers and investors, the representative of Yemen said that the establishment of a joint-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 de cree, while joint liability companies and limited 
partnerships did not need a ministerial decree for commercial registration.   WT/ACC/YEM/42 
 
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  63. Concerning the right to engage in importation or exportation, the representative of Yemen 
said that Yemeni nationals had the right to import 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 record (Article 11 of 
Commercial Registrar Law).  A foreign company wishing to engage in import operations would 
need to establish a Yemeni company or appoin t 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 conditions 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 natu ral and legal persons of any WTO Member the 
right to trade with any natural and legal person  of any other WTO Member.  The practice of 
limiting importation and exportation rights to Yemeni natural and legal persons explicitly discriminated 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 physical presence 
requirement appeared to be an onerous condition going beyond what was permitted under Article XI of the GATT 1994.  Yemen's policy would need to be altered to reflect Articles 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 companie s, the fees were not identical, being highest 
for agencies or branches of a foreign company.  Ye men was urged to bring its registration fees into 
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.   
65. The representative of Yemen replied that measures restricting the importation of goods to 
Yemeni nationals or companies established in Yemen were applied across-the-board to encourage 
Yemeni nationals and enterprises to engage in econ omic activities.  In his view, physical presence 
was required to ensure the payment of taxes, compliance with import regulations, consumer 
protection, and the provision of after-sale services in Yemen.  However, his Government was 
reviewing its trading rights regime and the commitments to be undertaken in this area.  In this 
regard, Article 28 of the Commercial Law had been amended to eliminate 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 foreign companies 
reflected additional costs incurred (e.g. for veri fying 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 its revisions and requested a transition period and technical assistance to introduce or amend 
legislation, 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 plan to elaborate on (i) the legislation to 
be adopted or amended; (ii) the specific changes envisaged in the new or amended laws and 
regulations to bring Yemen's trading rights regime in line with WTO requirements; and, (iii) the status and timeframe for implementing these changes.  Legislation 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 requ irement to import or export, and the Ministerial 
Decision for the commercial registration of businesses were specifically 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 te chnical assistance were requested to study and 
develop an appropriately designed registration syst em.  Alternatives were being explored to allow 
non-resident entities to register without local presence.  An Importers of Record Registration Code 
and Product Liability Code would be introduced.  The system for registering importers of record WT/ACC/YEM/42 
 
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  would be developed and legislation would be drafted or amended, as necessary.  He said that the 
requirements of physical store or Yemeni nationality stipulated 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 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 implementation 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 natural 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 right to be granted technical clearance as described in paragraph 105.  Yemen's laws and regulations relating to all fees, 
charges and taxes levied in connection with such trade, including fees as described 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 confirmed that, in 
accordance with 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 late r than 31 December 2014.  Any requirements for 
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 consistent with the WTO Agreement, including those relating to im port 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.
 
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.
 WT/ACC/YEM/42 
 
- 18 - 
 
  Action to be Taken  Time-frame  Remarks  Details  Update  
- 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)   
 
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 Law No. 41/2005, reducing the numbers of tariff bands from four to three (5, 10 and 25 per cent).  The distribution of tariff items and the 
share of imports in the bands is presented in Table 6.  Yemen applied 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 version of the Harmonized 
Commodity Description and Coding System (HS)  pursuant to the Tariff Law No. 41/2005.   WT/ACC/YEM/42 
 
- 19 - 
 
  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. 
70. The Tariff Council considered proposals to amend 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 enacte d 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 the Investment Law No. 22/2002 providing for 
tariffs to be imposed or increased on imports comp eting with domestic production relying on local 
inputs was WTO incompatible, and urged Yemen to amend or abolish this provision of the Law.  In response, the representative of Yemen said th at Yemen had never applied this provision thus 
far.  He confirmed that as a WTO Member, any future resort 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 the 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 "Heritage 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 was collected for each customs 
declaration form as a contribution to the "Han dicapped Care and Rehabilitation 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 taxes for fiscal purposes rather than fees 
and charges connected with importation, he said that the charges listed in Table 7 were levied on imports only and were distinct from the fees collected on both domestic and imported products 
(Table 11).  Collection of certain fees through th e taxation authority did not, in his view, denote 
that the fees were taxes for fiscal purposes, bu t reflected an administrative arrangement 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.   
75. The representative of Yemen confirmed that, fr om the date of accession and in accordance 
with its Goods Schedule, Yemen would bind other duties and charges within the meaning of 
Article II:1(b) of the GATT 1994 at a rate of 0.25 per 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.  Th e Working 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 numbered 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 Government, local councils, NGOs and social charity associations, subject to specific conditions and procedures; (ii) personal effects imported WT/ACC/YEM/42 
 
- 20 - 
 
  by members of diplomatic missions, in accordance with international 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 spare parts used in 
agriculture and fisheries; (vi) machinery, equipm ent, tools, materials and products 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 related to general 
agricultural services, subsistence farmers, and agricultural cooperatives; and, (vii) products 
imported under agreements with international organizations and bilateral 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 agricu ltural 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 tari ff exemptions were provided for machinery, 
tools, materials, and inputs used by associations  and cooperatives supervised by the Ministry of 
Agriculture and Irrigation and the Ministry of Fisher ies, as well as to investment projects in these 
areas.  The exemptions were granted without precondition based on domestic production or exportation and were, in his view, in conformity with WTO Agreements.   
79. Some Members noted that Yemen did not apply tariff rate quotas but sought to reserve the 
right to apply them to sensitive products, and requested more specificity.  A Member urged Yemen t o  r e c o n s i d e r  a n y  n o t i o n  o f  i n t r o d u c i n g  t a r i f f  q u o t a s  o n  a c c e s s i o n .   I n  r e p l y ,  h e  s a i d  t h a t  n o  decision had been taken and that Yemen currently had no intention 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 a pplied and administered in conformity with WTO 
rules and regulations, including most-favoured nation and national treatment provisions.  
The Working Party took note of this commitment. 
- Fees and charges for services rendered 
81. The representative of Yemen provided inform ation 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 fo rms, and forms for the customs processing of 
vehicles; (iii) overtime fees; (iv) warehousing; (v) quarantine services; (vi) veterinary certificates; 
(vii) laboratory examinations; (viii) conformity assessment 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 reflect 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 animal feedstock 
(1 per cent); goods in warehouses (3 per cent); and, the import licence fees for explosives 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 cinema 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 consolidating 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 fees and charges levied were needed by the 
responsible entities to finance their activities  and carry out the duties assigned to them.  
The current fees for quarantine services covere d the costs of processing applications, port 
inspection and examination, and the issue of pe rmits and relevant documents.  The amount of 
work required to issue assessment certificates could vary significantly depending on the nature WT/ACC/YEM/42 
 
- 21 - 
 
  and size of the imported consignments.  The impo rt permit fees for books and 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, supervision and late payment of due fees; and, the service fees for parcels covered the cost s of the services provided in customs yards or 
warehouses.  On the higher fees levied pursuant to the Investment Law, he said that the new 
Investment Law No. 15/2010 contained no such prov ision, 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 ot her 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.  Noting 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 precise steps and time periods needed for staged 
implementation.  Information was sought on the specific 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 no t bring in line with WTO requirements by the date 
of accession.  For those fees where legislation had already 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 prop osals to replace some of the existing fees, and 
amend procedures or enact legislation, where ne cessary, to bring Yemen's fees and charges in 
compliance with WTO rules.  The charges on go ods 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 Regula tion of Examination Services and Inspection 
Fees" and YSMO Regulation "On Inspection Charges Levied on Imported 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 warehousing fees would be YRls 500 per square metre of storage space or YRls 20 per kilogram for special warehousing.  Storage 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 sp ecific fees by January 2013; and, the fees for 
plant pesticides, explosives and fireworks would be replaced by January 2014.  The quarantine 
services fees on imports of dog and cat food (1 pe r cent), ornamental fish and birds (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 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, consistent 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 a ccession.  He further confirmed that, during this 
transitional period, Yemen would ensure that its laws and regulations concerning fees and charges 
for services rendered would be applied in a manner consistent with other provisions of the WTO Agreement, including on a non-discriminatory basis consistent with 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, including Article VIII, and accordingly would not introduce or  reintroduce any fees or charges for services 
rendered that were applied to imports or exports on an ad valorem  basis.  The Working Party took 
note of these commitments. WT/ACC/YEM/42 
 
- 22 - 
 
  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 ce rtificate 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; and 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 li cence fee for plant 
pesticides  YRls 20,000 per permit.  January 2014  
Fee for quarantine services 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  
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 Yemen 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 pursua nt to the Council 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 origin 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 revenu es from the fees were not related to the cost of 
the service, and requested that Yemen eliminate the practice.  In response, the representative of 
Yemen stated that Yemen would seek out all available technical assistance to phase-out its 
requirement that certificates of origin and invoices of imports into Yemen be endorsed or notarized by Yemeni consulates abroad.    
88. The representative of Yemen confirmed that the requirement that certificates of origin and 
i n v o i c e s  o f  i m p o r t s  i n t o  Y e m e n  b e  e n d o r s e d  o r  n o t a r i z e d  b y  Y e m e n i  C o n s u l a t e s  a b r o a d  w i l l  b e  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 domestically-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 pe r cent with some exceptions and deviations  
(Table 10).  Exported goods and services were zero-rated.  Yemen had not established 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 WT/ACC/YEM/42 
 
- 23 - 
 
  domestically-produced goods.  In his view, no discrimination existed between like domestic and 
imported goods for the purposes of internal taxation. 
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 pursuant 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 Tax pursuant to Article 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 serv ices, viz. combating poll ution and collection of 
waste and garbage.  
10. Historical monuments reparation services  
11. Pilgrims' services (pilgr image 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 were 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 from the date of accession all laws, 
regulations and other measures relating to internal taxes and charges levied on imports would be 
in full conformity with its WTO obligations, in cluding Article III of the GATT 1994.  The Working 
Party took note of this commitment. 
- Quantitative import restrictions, incl uding prohibitions, quotas and licensing 
systems  
93. The representative of Yemen said that imports were prohibited or restricted for 
environmental, health, national security and religious reasons, i.e. if considered contrary to WT/ACC/YEM/42 
 
- 24 - 
 
  Shari'a Law.  Products subject to import prohibit ions are listed in Table 12.  In his view, these 
import prohibitions were consistent with Arti cles XX and 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 an d chicory, oranges, mandarins, lemons, grapes, 
melons and papayas ().  The seasonal restrictions consisted of periods when importation 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.  Information 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 () 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 prohibitions (Table 12) to be unduly lengthy 
and urged Yemen to consider other less restrictive means 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 purpose of these 
restrictions and provide the legal citation banning the domestic sale of these items. 
95. In response, the representative of Yemen said that local production, use or sale of goods 
prohibited to import was not permitted.  His Government had updated 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 conventions, i.e. the Vienna Convention on the 
Protection of the Ozone Layer and the Montreal Protocol on Substances that 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 Convention on the Prior Informed Consent Procedure on Certain Hazardou s Chemicals and Pesticides in International 
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 and 
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 banning importation but not domestic sale of 
used, refurbished or re-manufactured machinery wi th 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 alternatives 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 machinery within Yemen, e.g. at the point of sale 
or registration.  In reply, the representative of Yemen 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 machines 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 types of 
cameras and lenses would also be reviewed and could be made subject to licensing requirements.  WT/ACC/YEM/42 
 
- 25 - 
 
  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 technical 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 could be obtained for a product even if it arrived in separate consignments.  Existing legislation did not extend an 
opportunity for other countries to comment on new procedures, but Yemen would consider the 
introduction of such provisions.  Information on goods subject to technical clearance is provided in Table 14.  
Table 14:  Imports Subjec t to Technical Clearance 
Item Responsible Agency  
Plants  and plant produc ts, 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, medica l appliances, narcotic drugs, 
psychotropic substances, precursors and chemicals.  Supreme Authority for Drugs and Medical Equipment 
(SADME) 
98. Notwithstanding the assertion that Law No. 16/1996 had abolished import licensing, some 
Members noted that the permits, approvals or technical 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 squarely 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, including lists of all documents 
to be submitted and qualification requirements for the applicant/importer, for the technical clearance of seeds and fertilizer, plants, explosives  and fireworks, books, newspapers, audio-visual 
and artistic works, and drugs and medical equipmen t.  Yemen was also asked to explain if it was 
introducing any provisions to reform its present regulations and to detail 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 Agreement 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 for 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 Protection).  Permits for 
accredited plant and seed varieties were grante d, upon submission of an application 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 fruits and 
vegetables subject to seasonal import restrictions (), required the approval of the General 
Department for Agricultural Marketing and Trade and the General Department for Control of Quality of Agricultural Inputs.  Applications, with supporting documents (commercial registration, 
tax card, and "offer" specifying type, variety and qu antity), were accepted during periods when the 
importation of these seasonally restricted produc t s  w e r e  a l l o w e d .   O n c e  a p p r o v e d ,  t h e  G e n e r a l  
Department for Plant Protection issued the import permit for plants and plant products, seeds, 
fruits and vegetables detailing the technical specific ations to be met.  Import consignments had to 
be accompanied 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, certificate of origin, invoices and any other relevant documents 
issued by specialized international agencies.  Permits for plants and plant products, including 
seeds, fruits and vegetables were valid for three months and could be extended for an additional three months.    WT/ACC/YEM/42 
 
- 26 - 
 
  100.  Permits for imported animals, birds, poultry, animal products and animal health and 
production appliances were administered pursuant to Law No. 17/2004 "On the Organization and Protection of Livestock" and the implementing  Decree 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 Mi nistry of Agriculture 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 arrangements 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" upon submission of a written request together with an inspection analysis certificate, certificate of origin and invoices.  The Ministry of Agriculture 
and Irrigation (General Department for Plant Pr otection) undertook the technical clearance of 
registered pesticides pursuant to Law No. 25/ 1999 "On Organizing the Circulation of Plant 
Pesticides" and Decree No. 10/2002.  A list of registered fertilizers and pesticides that could be imported was maintained by the General Departments 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 and Irrigation.  Procedures to register fertilizers and 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 pesticides.  Yemen 
was asked to explain how the annual amount allowed for import was 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 remove this restriction.  In reply, the representative of Yemen said that the General Department for Plant Protection set the annual amount of imported pe sticides allowed based on the average imported 
over the last five years, the quantity needed to implement national epidemic and pest control 
campaigns, and the inventory of imported pesticides remaining in the country.  There was no domestic production of pesticides 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 request from importers,  also provide quarterly updates of the amount 
already imported.  Permits for fertilizers were valid for three months and could be extended an 
additional three months, while the permits 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 utilize the permits issued and to maintain the smooth flow of trade.  He stated that eligibility to apply for import permits for pesticides and fertilizers was 
contingent upon possessing, among other things, a "professional practice permit" available only to 
Yemeni nationals.  Asked to revise the nationality requirement for holding a "professional practice permit" and to consider allowing Yemeni-based persons 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 th at all persons resident in Yemen - irrespective 
of nationality - would be required to meet the technical requirements to obtain the "professional 
practice permit".   
102.  Clearance to import explosives for development 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 Trading of Arms and Ammunitions" and its Regulation 
No. 1/1994.  The import permit served to prev ent accidents and safeguard public safety and 
security.  Foreign entities legally established or operating in Yemen 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 me ntal fitness to deal 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 guaran tee to ensure the usage of the explosives and 
fireworks as prescribed in the permit.  Applications could be refused to those having handled 
explosives previously without a permit.  Permits we re valid for one year, and renewable.  However, WT/ACC/YEM/42 
 
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  Article 40 of Law No. 40/1992 permitted the licensing authority to cancel, amend or suspend 
granted permits without notice or justification.   
103.  Import permits for medicines and medical equipment 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 Manufacturing and Trading in Drugs and Medical 
Appliances and the Like".  Law No. 3/1993 "On Combating Illicit Trade and Use of Narcotic Drugs and Psychotropic Substances" and international conventions (i.e. the Single Convention on 
Narcotic Drugs; the Convention on Psychotropic Substances; and, the UN Convention against Illicit 
Traffic in Narcotic Drugs and Psychotropic Substances) provided 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 Government health agencies 
and Yemeni private entities registered with the Board were granted technical 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-restrictive 
mechanisms to protect the health of its population from improper pharmaceuticals products, for example, by conditioning importation on the requ irement that the Yemeni-based person acquiring 
the imported pharmaceuticals after importation by a non-Yemeni national possess the 
characteristics (i) through (v) above.  In respon se, he said that his Government would study the 
proposal. 
104.  Applications for a permit to import artistic and 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 Repub lican Decree No. 6/1994 (literary and artistic 
works), applications were only accepted from Yemeni nationals, 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 distribution company.  Foreign individuals residing in Yemen could import publications and artistic works 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 production processes or for commercial sale after obtaining technical clearanc e.  The purpose of the permit was to collect 
statistical information, prevent forgery or unauthorized use or distribution of creative works, and 
to ensure that only permitted magazines and ne wspapers were imported by approved agents.  
Products violating Islamic 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 application 
attached to the original permit.   
105.  Some Members noted that only Yemeni nationals could be granted the technical clearance 
needed to import medicines, medical equipment, 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 foreign 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 enterprises established in Yemen, and requested a transition period to bring the regime in conformity with WTO requirements (see Section on 
"Trading Rights").  He added that the treatm ent of foreign and Yemeni nationals 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, accordin g 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 apply quantitative restrictions on imports or 
other non-tariff measures such as licensing, quotas, bans, permits, prior authorization 
requirements, licensing requirements, and other rest rictions having equivalent effect, that cannot 
be justified under the provisions of the WTO Agreement.  He also confirmed that, if WT/ACC/YEM/42 
 
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  balance-of-payments measures were necessary, Yemen would impose them in a manner 
consistent with the relevant WTO provisions, including Articles XII and XVIII of the GATT 1994 and the Understanding on Balance-of-Payments Provis ions of the GATT 1994.  He further confirmed 
that from the date of accession, Yemen would use its legal authority to suspend imports and 
exports, or to apply licensing requirements that co uld otherwise restrict the quantity of trade, only 
in conformity with the requirements of the WTO Ag reement.  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 Customs Law No. 14/1990 and its amendments.  The existing system allowed importer s, upon request, to obtain a detailed written 
explanation on how the valuation of goods had been undertaken.  The Customs Law also provided 
importers with the right to appeal valuation decisions.  Disputes could be resolved 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 dispute would be referred 
to a three-member committee consisting of a permanent commissioner appointed by the Minister of Finance, one member representing the Custom s 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 customs legislation to ensure conformity with 
the WTO Agreement on the Implementation of Arti cle 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 Governme nt-appointed and private members, and that the inclusion of 
non-governmental representatives in such a committee would violate the WTO requirement to protect confidential information (Article 10 of the Customs Valuation Agreement).  Yemen was 
reminded that Article 11.2 of the Agreement provid ed importers the right to appeal determinations 
to an independent judicial authority.  It appear ed that direct 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 consistency of the proposed 
amendments with the requirements of the Customs Valuation Agreement and to limit 
representation in the committee to Government officials.  A Member was also concerned that the timelines laid down in the draft legislation would not provide sufficient time for importers 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 selected by the trader (importer), on e by the Customs Authority, and the third, with 
a casting vote, chosen by both parties to the dispute.  The importer had the right to seek remedy 
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 amendments 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 Minister 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 Agreement 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 regulation s 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 the draft amendments to the Customs Law had been reviewed for consistency with the provisions of the Customs Valuation 
Agreement and had been adopted by the House of Representatives in 2010.  Following adoption of 
these amendments, an implementing Decision on Customs Valuation would 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 identi fied, including the need for provisions covering WT/ACC/YEM/42 
 
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  Articles 13 through 15 of the Agreement.  Yemen's legislation 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 compliance with the provisions of the 
Customs Valuation Agreement.  In response, the representative of Yemen presented an updated 
draft to cover the specific comments from Member s.  He added that Interpretative Notes and 
definitions, as provided for in Articles 14 and 15  of the Agreement, would be incorporated in the 
draft Prime Minister's Decision. 
112.  The representative of Yemen presented an in itial action plan in document WT/ACC/YEM/19 
and its subsequent Revisions 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 an d implementing 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 Members were disappointed with the long time-frame 
foreseen by Yemen, particularly given the amount 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 specified  transition period, but Yemen appeared to be requesting not to implement an y part of the Agreement until the end of the 
transition period.  This Member considered the five year transition 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 was also requested to specify in its action plan those areas that it could implem ent prior to the end of the transition period and 
to provide dates certain for the actions to be ta ken.  Members encouraged Yemen to seek out all 
technical assistance needed and take full advant age 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 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.  Yemen was asked to 
clarify what role, if any, the database would play in determination of customs value when the 
declared invoice value was not accepted.  In reply,  the representative of Yemen said 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 establish 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, some 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 implementation 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 regulations implemented 
during the transition concerning customs valuation would be applied on a non-discriminatory basis to all imports.  He explained that provisions in the Customs Valuation Agreement relating to 
currency conversion, the treatment of confidential information, transparency, and the ability for 
importers to withdraw their goods when the final determination of the customs value was delayed if the importer provided a sufficient guaran tee were currently implemented under Yemen's 
Customs Law, as amended.  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 
Customs Valuation Agreement than existed on the date of accession.  Yemen would endeavour to 
participate in the work of the Committee on Customs Valuation.  He added that Yemen would seek 
out all available technical assistance to ensure th at its capacity to fully implement the Agreement 
upon expiration of the transition period was as sured.  Amendments to the Customs Law had been 
adopted 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 WT/ACC/YEM/42 
 
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  Valuation which fully incorporates the obligations of the Customs Valuation Agreement and Annex I 
of the Agreement 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 accordance 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.  
Table 15:  Action Plan for the Implementati on 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 Prime 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 technology 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 Distinct ive 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 accordance with the Customs Law No. 14/1990, 
the "origin" of goods was the country of produc tion, 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 tariffs applic able to the country of origin or the country of 
source, whichever was higher.  He added that the applicable tariff rates did not influence or determine the origin of goods.  The practice of ap plying tariffs based on the country of origin or 
the country of source had been discontinued with amendments to Article 34 of the Customs Law.   
117.  As per the Customs Law, the substantial transformation 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 ad ded.  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.   WT/ACC/YEM/42 
 
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  118.  A certificate of origin and a commercial invoice 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, wa s required for all preferential 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) advertising 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 permitted limits; (v) books, 
newspapers, magazines, periodicals and catalogues ; (vi) waste from anchored, 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 basi s; and, (ix) goods imported 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 th e authority of the Minister of Finance to exempt 
certain items from the certificate of orig in requirements was not discretionary.   
119.  Yemen had no detailed rules of origin for non-pref erential trade.  Provisions on preferential 
rules of origin were contained in Yemen's pref erential agreements with the Kingdom of Saudi 
Arabia and Iraq.  Preferential treatment required a minimum 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 represen tative 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 translations were publicly available.  On 
the treatment of the European Union (EU) as one entity for origin purposes, he stated that the EU 
could be considered as a single entity unless an individual member 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 importation 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 requ ested an explanation for a provision in the draft 
amendments to the Customs Law (Article 28) regarding the tariff treatment of imported goods.   
122.  The representative of Yemen stressed his Government'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) an d Annex II, paragraph 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 the 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 procedures 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 result, time taken for customs clearance 
had been reduced considerably.   
124.  Customs declarations were accompanied by a certificate of origin and a commercial 
invoice, specifying the place of origin of the g oods, and endorsed by the Chamber of Commerce or 
any other body accepted by the Customs Authority.   This endorsement verified the origin of the WT/ACC/YEM/42 
 
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  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, Yemen would not require 
certification or notarization of certificate of origins and invoices by Yemeni consulates in the 
country of export to be provided to Yemeni customs officials at the time of importation into 
Yemen.  The Working Party took note of this commitment. 
126.  He added that imported goods were rele ased 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 ag ainst payment of the duties proposed by the 
Customs Authority.  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 own 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 and 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 further confirmed that such inspections 
conducted by BIVAC and Cotecna, would fall under the purview 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 re quirements of the Agreement on Preshipment 
Inspection and other relevant WTO agreements.  Ye men 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 Phytosanitary Measures, Import Licensing 
Procedures, the Implementation of Article VII of the GATT 1994, Rules of Origin, the 
Implementation of Article VI (Anti-dumping) of the GATT 1994, Subsidies and Countervailing 
Measures, Safeguards, and Agriculture.  He further confirmed that charges and fees were 
consistent with Article VIII of the GATT 1994 and that Yemen would ensure that the due process and transparency requirements of the WTO Agreemen t, including Article X of the GATT 1994, were 
applied.  He also confirmed that decisions by su ch firms could be appealed by importers in the 
same way as administrative decisions taken by the Government of Yemen.  The Working 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 measures on import s due to lack of infrastructure and necessary 
mechanisms, including WTO-consistent trade remedy legislation.  Although Articles 12 and 13 of 
the Customs Law No. 14/1990 provided for the introduction 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 Yemeni economy, these provisions had never been used.  He added that Yemen had introd uced a Law "On Protection of Local Production 
against Unfair Trade Practices" in November 2010.  On establishing administra tive 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, countervailing or safeguard measure until it had notified and enacted appropriate laws and implementing regulations in conformity with the provisions of the 
WTO Agreements on the Implementation of Articl e VI, on Subsidies and Countervailing Measures, 
and on Safeguards.  He further confirmed that Yemen would ensure the full conformity of such 
laws and regulations with the WTO Agreement, in cluding 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 regulations were enacted, WT/ACC/YEM/42 
 
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  Yemen would apply any anti-dumping duties, countervailing 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 serv ices 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 fees, 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.   
- Export restrictions 
133.  The representative of Yemen said that ex ports were not subject to quantitative 
restrictions, nor did Yemen apply any voluntary export restrictions, orderly marketing arrangements, or minimum export price requirements.  However, an export permit was issued for pesticides and technical clearance was required from the competent authorities 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 Organization (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 products aimed at regulating 
and enforcing safety and inspection measures, and maintaining the reputation of Yemeni fish and marine products in export markets.  The techni cal 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 endangered plants and animal species.  Certain rare birds, flora, fauna and exhaustible materials were also subject to export bans.  Export of 
charcoal was not permitted to prevent desertification and mass felling of trees.  Goods subject to 
export bans are listed in Table 17.   
135.  The representative of Yemen confirmed that from the date of accession, Yemen would 
apply its export permit requirements and other ex port control requirements 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 ar e not licensed to exit 
across customs entry points.  
C. INTERNAL POLICIES AFFECT ING 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 generati on of employment.  Yemen had not developed a 
full-fledged industrial policy, but had identified some general objectives to encourage and develop 
the industrial sector.  These objectives included  the development of infrastructure needed for WT/ACC/YEM/42 
 
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  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 adopted replacing Law No. 22/2002); enhancing the 
investment climate; and, promoting Yemen's SMEs and handicrafts.  He added that Yemen was 
seeking assistance to develop its infrastructure and strengthen the production base in manufacturing, mining and traditional handicraft.  His Government was also examining options to promote the industrial sector in conformity wi th the provisions of the WTO Agreements.   
138.  The representative of Yemen said that Republican 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 fair s, and provided information to domestic and 
foreign exporters.  Studies on Yemen's neighbou ring 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 financial support to exporters. 
139.  An import duty drawback scheme had been created 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 partia l 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 amount of duties 
actually paid.  Requests for duty drawback were evaluated by a technical committee comprising representatives of the Customs Authority, the Mini stry of Industry and Trade, the Ministry of 
Agriculture, or the General Investment Authority.  The applicant specified and documented 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 imported materials used in the exported product.  The committee prepared a detailed report, supported by invoices 
and import records, to ensure that the duty drawba ck applied only to the imported inputs used in 
the exported goods.  The representative of Yemen stated that, in his opinion, the import duty drawback scheme was operated in a manner consiste nt 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 an d 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 level of Yemeni equity participation and the usage of domestic fixed assets).  Articles 18(f) and 21(c) of the Law appeared to grant tax and 
duty exemptions that were contingent upon local content and prohibited pursuant to Article 3.1(b) 
of the ASCM.  Moreover, under Article 26.3, prof its from exports were not taxed even after the 
expiration of the initial eligibility period (i.e. seven to 16 years), provided 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 consistent with Article 3.1(a) of the ASCM.  Yemen was also asked to confirm that its duty 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 cons umed in the production of the exported product. 
141.  In reply, the representative of Yemen stre ssed that the investment incentives granted 
pursuant to Investment Law No. 22/2002 were general in nature and did not target any specific 
industry or enterprise.  He, however, acknowledged  that subsidies contingent upon exports or the 
use of domestic over imported goods were "speci fic" within the meaning of Article 2.3 of the 
ASCM.  He confirmed his Government's intention to notify its subsidy 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 WT/ACC/YEM/42 
 
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  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 and 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 soon 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 form, amount, purpose, duration and trade effects of the subsidies.  The 
notification would need to be detailed enough to evaluate all subsidy programmes and guide the 
discussions for the phasing out of prohibited subsidies.  A Member reminded Yemen that the ASCM exempted LDCs from the prohibition of export subsidies, but not from the prohibition of local 
content subsidies.  Yemen was therefore urged not to  resort to local content subsidies or should it 
decide otherwise to specify a transition period to phase-out these subsidies.   
143.  In reply, the representative of Yemen presente d a draft subsidy notification for the period 
2002 to 2009 in document WT/ACC/YEM/29.  The notifi cation identified some of the tax and duty 
exemptions provided by Yemen pursuant to the Investment Law No. 22/2002.  According to the notification, data concerning the amount of subsidies was unavailable.  He also provided an action plan, contained in document WT/ACC/YEM/27 and it s 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 contingent elements of Investment Law 
No. 22/2002.  Yemen was reminded that Law No. 22/2002 also provided subsidies contingent upon the use of domestic over imported goods that should  be notified in accordance with the guidelines 
contained in Article 25 of the ASCM.  Yemen was also requested to provide information regarding 
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 contingent  upon exportation or the use of domestic over 
imported goods under Law No. 22/2002 for registered investment projects already in operation, or for projects that were in the pipeline and began production within two years of the new 
Investment Law entering into force.  This Member  stressed that before any consideration could be 
given to the request for a transition period, Yemen should clearly identify and fully notify the particular local content subsidies for which it was seeking a transitional arrangement. 
146.  In reply, the representative of Yemen said  that 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 subsidies 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. 
147.  A Member asked how Yemen's action plan for phasing 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 pursuant to Law No. 22/2002 and allowed to continue under Article 29 of Investment Law No. 15/2010.  The 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 authorized to continue beyond 2012 according to the original granting provisio ns 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 proh ibited by Article 3.1(b) of the Agreement on 
Subsidies and Countervailing Measures and that the legal basis for providing all such subsidies WT/ACC/YEM/42 
 
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  would expire by 1 January 2013.  He further confirmed 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 administer 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 would provide a subsidy notification (including any subsidy benefits provided under Investment Law No. 15/2010 and any specific benefits granted to companies or individuals located in industrial zones and free zones), in accordance with Article 25 
of the Agreement, to the Committee on Subsidies and 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 regulations and conformity assessment procedures.  
Yemen also used standards issued by the Gulf Standardization Authority as the basis for technical regulations.  The Gulf standards adopted by Yemen 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 preparation, adoption and application of standards, 
technical regulations and conformity assessment procedures.  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 covered 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 its Revisions, and elaborated 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, ad option and application of standards, technical 
regulations and conformity assessment procedures.  The YSMO circulated notifications, responded to enquiries, and provided related documents or information.  The YSMO also published newsletters and 
organized seminars to generate awareness on st andards and related activities.  The Board of 
Directors of the YSMO consisted of representative s from the Ministries of Industry and Trade, 
Finance, Information, Agriculture, Public Works, Higher Education, the Supreme Authority for 
Medicine, the Federation of Chambers of Commerce and Industry, the General Authority for 
Environment Protection, and representatives of the YSMO.   
152.  The YSMO ensured intra-governmental coordination and cooperation in the development of 
standards, technical regulations and conformity as sessment 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 concerned 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.  Specialized national committees, 
sub-divided in main committees, sub-committees and technical committees, had 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 Decree 
No. 6/2008, and these committees comprised of members selected from the YSMO, 
representatives of the relevant Government enti ty (ministry, corporation or authority), and a 
representative of the consumers, the commercial sector, the manufacturing sector, the scientific 
centres and universities.  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 within the Government and to the private sector, universities, scientific centres etc. for WT/ACC/YEM/42 
 
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  review and comment.  If no comments were received within two months, the drafts were 
considered acceptable and approved.  Entities providing comments were invited to meet with the technical committee and 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 finalization.  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 finalizing draft measures, he said that no comments had been 
received from foreign entities so far, and comments received in the future would be treated in 
accordance with the TBT Agreement.  He added that interested parties could be invited to meet with the relevant committees and have their written comments 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 same time as it 
circulates drafts to the concerned Yemeni entities.   
153.  A Member noted that Decision No. 27/2006 "O n By-Law of Granting Yemeni Quality Mark" 
appeared to be applicable only to domestic enterprises and products.  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 eligible to apply for the Mark.  In reply, he said that the 
Yemeni Quality Mark, an optional mark, could be sought by all interested parties, domestic or 
foreign, and was available to locally produced and imported goods provided the 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 products, 
including goods destined for export, required a certificate of conformity issued by the YSMO.  The purpose was to ensure the quality of locally-produced and exported products, and to enhance 
the competitiveness of Yemeni products in foreign markets.  The YSMO took samples from the 
consignment and performed tests to determine whether 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.  Certificates 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 countries 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 developed solely by the Government of Yemen.  Importers and domestic 
manufacturers were subject to the same requirements.  Importers of the listed food, agricultural, and animal products could choose to have the consignment inspected either prior to shipment or 
upon arrival.  The specific requirements that the products were expected to conform to were those 
issued by international standard setting organizati ons adhering to the Code of Good Practice and 
the TBT Committee's Decision principles; and, Yemeni requirements based on international 
standards concerning health, consumer safety and the environment.  The measure was not 
trade-restrictive, in his opinion, as the purpose for mandating certification of these products was 
prevention of deceptive practices and to ensure co nformity with internationally accepted technical 
regulations and standards.  He added that the conf ormity assessment proced ures - as described in 
Table 18 and the relevant Yemeni regulations - varied  with the nature of the product and its effect 
on health, 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 inspection and conformity assessment of products.  His Government 
had undertaken an analysis to determine the need to regulate each of the groups of products listed 
in Table 18.  The YSMO published the list of produc ts subject to conformity assessment, would notify 
the WTO and make available, for public comment, any proposed changes to this product list.   
155.  A Member expressed concern about the issuance of conformity certificates and the 
accountability of the conformity assessment bodies, BIVAC and Cotecna, in terms of Government oversight and adherence with Yemeni requirements.  Yemen was asked whether BIVAC and 
Cotecna would publish, on their respective websit es, their interpretations and related approaches 
in situations in which these companies had to interpret Yemeni technical regulations, standards, or WT/ACC/YEM/42 
 
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  conformity assessment procedures to discharge their functions 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 inspection system for food products should preclude the need for individual establishment inspections and fo r product certification by an accredited body or 
third party, this Member suggested that the esta blishment of product compliance and approval for 
exporting to Yemen be conducted by the recogniz ed competent authority 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 submitted to YSMO which would 
review the situation and take corrective action, as  necessary, in accordance with the terms agreed 
with these companies.  Information on the applicable standards and procedures for all products covered by the ICCP would be published and made available, in a WTO working language, on the 
YSMO website and on the websites 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 consignment 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 questions on the certificate of conformity 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 Animal 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, consistent with OIE guidelines for 
Bovine Spongiform Encephalopathy (BSE).  For categories 2, 3, 5, 7 and 9, producers were required to maintain technical reports relating to the confor mity 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 were required to adopt Good Manufacturing Practices (GMP) pursuant to Yeme ni Standard No. 1/2001.  YSMO periodically 
inspected these factories and was providing technical advice for implementation of HACCP and ISO 
22000 systems.   
157.  Asked whether Yemen would accept without further testing the product certifications of 
bodies accredited with the International Laboratory Accreditation Corporation (ILAC) and 
International Federation of Inspection Agencies (IFIA), the representative of Yemen stressed the 
principle of mutual recognition and requested technical assistance in the area of accreditation.  The conformity assessment system, including the accred itation of laboratories and the implementation 
of mutual recognition agreements, would be deve loped further over the period 2007-2014.  YSMO 
intended to recognize the international ISO/IEC17025 standard, i.e. general requirements for the competence of standardization, testing and inspection laboratories.  Laboratories based in other 
countries were eligible for recognition in Yemen if considered technically competent and meeting the 
required conditions (i.e. ISO/IEC17025).  A Memb er noted that the TBT Agreement did not limit 
methods of acceptance of conformity assessment results.  In addition to mutual recognition agreements, other tools depending on the sector, objective, or potential risks may be utilized.  In 
response, he said that Yemen would consider using other tools as possible alternatives to mutual 
recognition to facilitate the acceptance of conformity assessment results.   
158.  He stated that Yemen did not discriminate between domestic and imported products when 
standards, technical regulations and conformi ty assessment procedures were developed and 
applied.  There was also no discrimination betw een imported products from one WTO Member and 
"like" imported goods from other WTO Members.  However, it was noted that Article 6 of Decision 
No. 3/2001 "On Issuance of Conformity Certificate 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 permitted 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 certific ate.  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 and 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 Indust ry and Trade "On Regulations of Conformity 
Assessment of Goods and Enterprises to Accr edited Standards" and Decree No. 9/2009 WT/ACC/YEM/42 
 
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  "On Regulation of Examination Services and Inspection Fees" with YSMO Regulation "On Inspection 
Charges Levied on Imported Goods" set the fees fo r issuing certificates of conformity.  These fees 
were collected by YSMO and varied according to the type, nature or quantity of the product; logistics or materials used; and, the time, effort and staff needed.  In his view, the fees set by 
YSMO, and agreed with BIVAC and Cotecna contracted to issue conformity certificates overseas, 
reflected the costs of services rendered.  Inspection 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-discriminatory and commensurate to the cost of the services 
rendered.   
160.  An Information Centre and website (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 conformity assessment procedures available for review and comment.  Approved technical regulations and conformity assessment procedures entered into 
force immediately upon publication of the decision in the official newspapers.  Approved measures 
were subsequently reproduced in the monthly "Specifications" magazine published by the YSMO.  In accordance with Articles 2.12 and 5.9 of the TBT Agreement, Yemen would amend its regime to 
allow for a reasonable interval of time between publication and 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 transparency requirements of the Code of 
Good Practice (Annex 3 of the TBT Agreement) would be covered by replacing By-Law No. 22/2001 
with a new By-Law "On Regulation of Standards Preparation Procedures".   
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 Poin ts" and Decision No. 6/2009 "Organizing Work of 
the Enquiry Points of TBT and SPS").  Sub-Points were being created in the Ministries of Agriculture, 
Public Health and Population and in the Customs Authority to coordinate with the National Enquiry 
Point in the discharge of its functions.  A special division within the Enquiry Point would be responsible for TBT notifications.  Technical assistance was 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 whethe r an executive body would review standards, 
technical regulations and conformity assessment proc edures 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 intra-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 th is 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.  The national 
coordination mechanism would also serve to liaise with the private sector, civil society, media, 
science and research centres etc.  To establish the mechanism, Yemen requested technical 
experts, training, awareness generation activities, and building the necessary infrastructure.   WT/ACC/YEM/42 
 
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  163.  Although generally not supportive of transition periods 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 request for a lengthy transition period 
difficult to reconcile as Yemen had already indicated that the principles of the TBT Agreement were 
covered by existing legislation; had established mechanisms for inter-ministerial coordination in 
the development of standards, technical regula tions and conformity assessment procedures, and 
to publicize and 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 compliance, but such reinforcement of Yemen's infrastructure should be viewed as an ongoing interest and target for additional assistance. 
164.  In response, the representative of Yemen reaffirmed his Government'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 order to achieve this objective and a timetable 
for each step (Table 19).  The transition period was necessary for Yemen to review and update the 
relevant 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 regulations and conformity assessment procedures in line with international standards and guidelines; work on mutual recognition agreements; and, establish a council for the accreditation of laboratories.  During this 
transition period, existing measures would be applied on a non-discriminatory basis, i.e. providing for 
national treatment and MFN treatment to all imports.  Measures in place already consistent with the provisions of the Agreement on Technical Barriers to Trade would not be subject to transitions, and 
Yemen would 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 Agreement than existed on the date of accession.  Standards, technical regulations and conformity 
assessment procedures adopted during this period would be developed in conformity with the 
provisions of the Agreement.  Yemen 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 accordance with the Action Plan in Table 19 and with the understanding that during this period the sco pe 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. 
Table 19:  Action Plan for the Im plementation of the Agreement on 
Technical Barriers to Trade 
Provisions of the TBT 
Agreement Current Status/Required Actions/Implem entation 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. 
  
  Done  Done   2012 - 2013  2012 - 2013  WT/ACC/YEM/42 
 
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  Provisions of the TBT 
Agreement Current Status/Required Actions/Implem entation Requirements Time-frame 
Collecting information on activiti es related to the TBT Agreement 
from relevant agencies in order to  establish the database for the 
Enquiry Point. 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 technical regulations and standards 
published on the website for receiving comments through 
e-mail or other means; 
- Technical regulations and standards published in official 
newspapers; 
- Website to be improved in li ne 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 
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 entry points, in conformity 
with measures stipulated in the provisions of the Agreement; 
- YSMO working on the development and implementation of 
procedures in line with the international agreements; 
- Setting up a national mechan ism 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 in specting 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 dome stic and foreign products; 
- Reviewing and updating th e 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 ce rtificates for local products; 
- Reviewing and updating the control procedures for local 
products; 
- Reviewing and updating the co ntrol procedures on imported 
and local products and those for export through the implementation of conformity certificate in the 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; 
  
 
Done 
      2007 - 2014. (continuous)  Done  2007 - 2014  Done     2007 - 2014  2007 - 2014 
(continuous) 
 2007 - 2014  (continuous) WT/ACC/YEM/42 
 
- 42 - 
 
  Provisions of the TBT 
Agreement Current Status/Required Actions/Implem entation Requirements Time-frame 
- Participating in conferences, seminars, regional and 
international workshops on conformity assessment 
procedures; and 
- Improving inspection proced ures on imported and local 
products.  
 
(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) 
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 ag reements 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 Health (OIE) and the International Plant Protection 
Convention (IPPC).  Yemeni representatives attended Codex, OIE, and IPPC meetings on a regular 
basis and would seek funding to participate in the 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 "On Standardization, 
Metrology and Quality Control" and Law No. 38/1992 "On Control over Food" with its amendments, 
by-laws and implementing regulation s provided the legislative basis for the protection of plant life 
and health; animal life and health; and food safe ty, 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 wa s 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 consignments 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 we bsite (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 testing was the usual practice and 100 per cent testing was limited to cases where high potential risks had been identified.  The 
determination of the pest risk was currently gove rned by the plant health regulations and a plant 
quarantine list based on a survey 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, inspection and sanitary health conditions for meat products and eggs production.  It was also responsible 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 WT/ACC/YEM/42 
 
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  cases regarding losses due to negligence on the part of the quarantine 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 food 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), registration, import controls, risk management, certificates of conformity, food safety systems for milk and dairy products, tests for animal 
carcasses, sanitary conditions for slaughtering an imals, research, scientific testing, sampling, and 
development of laboratory capabilities.  The YSMO also assessed 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 Public Works and of Public Health 
a n d  P o p u l a t i o n  w o r k e d  w i t h  t h e  Y S M O  i n  t h e  a r e a  o f  c o n t r o l  a n d  c i r c u l a t i o n  o f  f o o d s t u f f .   I n  
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 Heal th and Population was 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 an d 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 improv e 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 international standards.  He presented checklists of 
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 Agreement in documents WT/ACC/YEM/13 and its Revisions, and a submission on technical assistance 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 update d 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 a pplied 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 legislation to take account of equivalence and regional characteristics in existing or new animal or plant he alth 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 dete rmining equivalence, he added that Yemen would 
comply with Article 4 of the SPS Agreement and acce pt health measures of other countries if these 
measures achieved an appropriate level of protection against the risk.   
173.  On Yemen's position with respect to high/low path avian influenza virus in imported poultry 
and poultry products and in relation to Bovine Spongiform Encephalopathy (BSE) in beef and live 
c a t t l e  e x p o r t s ,  h e  s a i d  t h a t  O I E  g u i d e l i n e s  w e r e  f o l l o w e d  o n  h i g h / l o w  p a t h  a v i a n  i n f l u e n z a .   
Importation of beef and live cattle were prohibited 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 OIE guidelines, upon accession.   
174.  A Member noted that the import ban of beef and live cattle was not consistent with OIE 
recommendations for BSE and contradicted the Heal th 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 encouraged to harmonize its maximum residue limits (MRLs) to Codex, or where there was no provision, to consider using the 
science and standards of other WTO Members.  In response, the representative of Yemen confirmed 
its intention to comply with Codex and OIE requirements with respect to hormone levels, and to use WT/ACC/YEM/42 
 
- 44 - 
 
  MRLs of Codex or other international standards, including those based on the science and standards 
of other WTO Members when establishing the MRLs for hormones in Yemen.  He added that Yemen 
intended to comply with OIE recommendations for beef and live cattle but requested assistance as the country currently did not have the technical capabilities to do so.  In response 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 exporting country.  Yemen would 
align the certificate to recognize the OIE risk classification categories and 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, including 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 acco unt in revising the proposed measures.  The 
representative of Yemen replied that prior pub lication of draft SPS measures was not presently 
provided for in any official journal or the newsletter of the Ministry of Agriculture and Irrigation.  
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 Ministry of Agriculture and Irrigation.  Technical 
assistance was requested for the National Notification Authority and Enquiry 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 achiev ing 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 transition period as outlined in the Action Plan for 
the implementation of the SPS Agreement reproduc ed in Table 20.  The transition period was 
necessary to permit the adoption of legislation, train staff, ensure that Government officials and stakeholders had good knowledge and understanding  of SPS legislative requirements, and to make 
sure that control inspection and procedures were fully operational.  He stressed the necessity for 
his Government to receive adequate technical and financial assistance to ensure the proper 
implementation of the SPS Agreement. 
178.  During the implementation period, existing measures would be applied on a 
non-discriminatory basis, i.e. providing for nation al treatment and MFN treatment to all imports.  
Measures in place at the time of accession and already consistent with provisions of SPS Agreement would not be subject to transitions.  Yemen would ensure that 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 SPS Agreement than existed on the date of accession.  The Working Party took note of these commitments. WT/ACC/YEM/42 
 
- 45 - 
 
  Table 20:  Action Plan for the Implementati on 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 the 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 harm onization 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 phytosanit ary 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 
Article 2.3, Annex C.1(a) 
and (d): Non-discrimination Check and ensure the compliance of the above-mentioned 
laws and regulations with SPS provisions on non-discrimination, control, inspection and approval procedures. 2008 - 2015 
Updating information on impo rt 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 compliance 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 
assessment. 2008 - 2013 
Implement specific technical training 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-born diseases' lists according to risk 
analysis and assessment. 2008 - 2013 
Establishment of risk an alysis and assessment 
management. 2008 - 2013 
Article 6 and 
Annexes A.6 and A.7:  Initiation to find pest or disease free areas and areas of low 
pest or diseas e prevalence. 2008 - 2013 WT/ACC/YEM/42 
 
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  Provisions of the SPS 
Agreement Activity Time-frame 
Adaptation to regional 
conditions Declaration of pest or diseas e free areas and areas of low 
pest or diseas e 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 Ag riculture and Irrigation.   Done 
Development of the subsidiary enquiry points in line 
ministries and authorities (Ministry of Health, Yemen Specifications and Metr ology 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 
31 December 2016 for full implementation of the 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 implementation 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 other 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 re quest, if they deemed that any measures 
applied during the transition period affected thei r trade negatively.  The Working 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 Agreement on Trade-Related Investment Measures.  He reiterated that his Government intended to avail itself of local content and export 
performance requirements in establishing industrial zones should such measures be considered 
conducive to Yemen's industrial development.  He acknowledged that Yemen provided tax and duty exemptions pursuant to Articles 20 and 21 of the Investment Law No. 22/2002 to promote 
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 elimination of all TRIMs in a manner consistent with the TRIMs Agreement and WTO Declarations, also for measures applicable to industrial zones, 
production sharing agreements, and special agreem ents.  Concerns were raised regarding Yemen's 
intentions to avail itself of local content requirements to promote investment in industrial zones.  A Member stated that in order for Yemen to utilize transitions to maintain its TRIMs, Yemen should 
identify them for notification, indicate how long within the allowable period Yemen believed it 
necessary to maintain these measures, and make a commitment to eliminate all measures inconsistent with the Agreement by a certain date, e.g. 31 December 2014.  No transition period WT/ACC/YEM/42 
 
- 47 - 
 
  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.   
183.  The representative of Yemen presented a notification, in document WT/ACC/YEM/30, 
identifying measures in the Investment Law that were 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 longer 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 the 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 Law 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 were 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 ex port 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 exemption could be extended for a period of up to 10 years upon approval by the Council of Ministers.  Establishment in a free 
zone was the only criterion for receiving these tax exemptions.  Salaries, 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 unr estricted.  Yemen's foreign exchange regulations 
had in any case been liberalized, also for companies located outside the free zones.  Goods sold from a free zone to the domestic market would be  subject to customs duties, other border 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 requirements.  All firms or projects in a free 
zone, including those with 100 per cent foreign ownership, were entitled to the same incentives 
and guarantees provided for in the Law.  He co nfirmed that free zones would be subject to, and 
covered by, any future commitments undertaken  by Yemen as a Member of the WTO.   
187.  A Member reiterated a request that Yemen eliminate any remaining prohibited subsidies 
within the meaning of Article 3 of the Agreement 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 obligations in those zones.  In addition, the 
representative of Yemen confirmed that from th e 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 customs formalities when entering the rest of 
Yemen, including the application of tariffs and taxes.  The Working Party took note of these commitments. WT/ACC/YEM/42 
 
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  - Government procurement 
189.  The representative of Yemen said that government 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 commerc ially-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 branches supervised and monitored government 
procurement.  The High Committee was responsibl e for announcing, receiving, evaluating and 
awarding tenders.  In accordance with the Executive 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 YRls 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 announced in the media, for 
government procurement of more than YRls 1 million.  Technical and administrative committees 
were established, in the concerned government bo dies, to oversee the tendering process, including 
the preparatory stages and the post-announcement procedures.  The Law stipulated 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.   
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 trade was governed by the provisions of the 
Customs Law No. 14/1990.  The Customs Law prov ided for the use of international transit 
documents, unified forms, and security and safety  procedures.  Goods in transit were not subject 
to restrictions or prohibitions unless specified otherwise 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 itinerary 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 could 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 agriculture was the backbone of Yemen's economy, 
employing about 52 per cent of the work force and accounting for 13 per cent of Yemen's GDP 
in 2009.  He provided information on the agricultur al sector, including tables on domestic support 
and export subsidies, for the period 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 technica l regulations, 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 
and in their contribution to the economy.  These seasonal restrictions and 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 exemptions were 
currently limited to machinery, equipment, tools, materials and products imported by the Ministry 
of Agriculture and Irrigation for rural development and for use in infrastructure projects.  WT/ACC/YEM/42 
 
- 49 - 
 
  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 endangered plant or animal species.  The export of some rare birds, 
flora and fauna were also discouraged to preserve the environment.   
197.  No export subsidy, export finance, export credit or guarantee 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 respec t to market access, domestic support and export 
subsidies.  Some Members encouraged Yemen to bind  its agricultural export subsidies at zero upon 
accession.  In reply, the representative of Yemen confirmed that Yemen would bind agricultural 
export subsidies at zero from the date of accession, in accordance 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 Government was seeking to promote agricultural 
production as a long term objective in tandem with Yemen's food security and poverty reduction 
strategy (Third Five Year Development and Poverty Reduction Plan, 2006-2010).  Policy 
instruments to encourage agriculture included rural development projects; agencies providing 
advisory services to farmers; training and awaren ess generation on the 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 establishment 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 through the State-owned Cooperative and Agriculture Credit Bank at market interest rates.  However, loans for 
the purchase of agricultural machinery, equipmen t and inputs could be disbursed on concessional 
terms, in which case the interest subsidy woul d be covered by a special fund backed by the 
Government or donor programmes.  Information on the loan terms, repayment conditions, default fees and penalties, applicants' eligibility and qualifications, repayment and default rates, and the 
total amount of money disbursed through Yemen' s lending programmes was provided in document 
WT/ACC/YEM/32 (pages 28-29). 
- Textiles regime 
199.  The representative of Yemen said that textile imports 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 protec tion in Yemen.  The Law regulated and protected 
different forms of intellectual property, including trademarks, copyright, industrial 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 with 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 indicated in the Action Plan (Table 23), the new WT/ACC/YEM/42 
 
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  Industrial Property Laws had been enacted and implemented, including the Law "On Trademarks 
and Geographical Indications" adopted on 21 No vember 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 Parliame nt in April 2012.  The full implementation of 
the TRIPS Agreement would be effective by the end of 2016 (except for patent protection of 
pharmaceuticals covered by the Decision on TRIPS and Public Health (WT/L/641)). 
202.  The representative of Yemen requested techni cal assistance to establish, enhance and 
modernize the IPR Departments; to build human capital and the capacity to enforce IPR legislation; and, to provide training and generate awareness 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 Mini stry of Industry and Trade was responsible for the 
regulation and protection of industrial property ri ghts.  The Ministry of Culture was responsible for 
policy formulation and protection of copyright and related rights and had established a General Department for the protection of copyright and related rights within the Ministry to fulfil this role.   
- Participation in international in tellectual 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 Rela ting to the Distribution of Programme-Carrying 
Signals Transmitted by Satellite, the Internationa l Convention for the Protection of New Varieties 
of Plants, the Patent Cooperation Treaty, the WI PO Copyright Treaty and the WIPO Performances 
and Phonograms Treaty.  The representative of Ye men 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 MFN 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 nation al 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 legal persons.  However, for patents, Article 120 of the Law provided national treatment on ly to foreigners living outside Yemen, and not 
explicitly to non-nationals residing in Yemen.  He said that Yemen 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 li ving abroad, he said that Article (3)(b) of the 
draft Law "On the Protection of Copyright and Related 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 international agreements on intellectual 
property to which Yemen was also a party.   
- Fees and taxes 208.  The representative of Yemen said that the registration of creative activities (i.e. copyright) 
was free of charge until the establishment of appr opriate fees for registration.  Tables 21 and 22 
enumerate the registration fees for trademarks, pa tents and industrial designs set by the Ministry 
of Industry and Trade. WT/ACC/YEM/42 
 
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  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 transfer and mortgage  7,500 
Application for trademark deletion  3,000 
Application for trademark renewal   12,000  
Patent application  3,000 
Table 22:  Registration F ees 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 AND 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 re place the general Intellectual Property Rights Law 
No. 19/1994 as the legislative basis for copyright pr otection.  This 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 Copyright and Related Rights" was in line with the provisions of the TRIPS Agreement 
and had replaced and superseded all conflicting pr ovisions 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 writings; drawings, paintings, 
engravings, illustrations, architectural, sculptural and lithography works; speeches, 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 lifeti me 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, respectively, as per Article 27 of the 
Law.  Article 39 provided permanent copyright protec tion 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 contracts, had also been ensured in line with 
Article 11 of the TRIPS Agreement.  Asked abou t the protection of performers, producers of 
phonograms and broadcasting organizations, stip ulated in Articles 14.1, 14.2 and 14.3 of the WT/ACC/YEM/42 
 
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  TRIPS Agreement, the representative of Yemen said that Articles 3 and 13 of Law No. 19/1994 had 
protected performance rights and their utilization, and that Yemen would ensure compliance with Article 14 of the TRIPS Agreement in its revised legisl ation.  On the term of protection provided, he 
said that full compliance with Article 12 and 14.5  of the TRIPS Agreement, and Article 7 of the 
Berne Convention, had been addressed in the new Law "On the Protection of Copyright and 
Related Rights".   
212.  Some Members had requested information on the 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 Related Rights", a 
Member noted that Article (40) of the draft did no t appear to meet the requirements of Article 13 
of the TRIPS Agreement.  Yemen was asked to conf ine the exceptions and limitations 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 requested to modify the draft Law to fully meet the requirements of Arti cle 18 of the Berne Convention and incorporate all 
types of works and objects of related rights. 
213.  In reply, the representative of Yemen said that compliance with Article 9 of the 
TRIPS Agreement had been addressed in the new Law "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 taken 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 mandatory 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 works and objects 
of related rights that, at the time the Law entered into force, had not fallen into the 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 Trade No. 353/1995 "On Implementation of Trademark 
Regulations", and the new Law "On 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 enab led the protection of all trademarks or service 
marks except those contrary to public order or mo rality.  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, spirits and narcotics; pork products, raising pigs, and the sale of pork meat to the public; night clubs and 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 protection.  This Law did not allow the registration of trademarks identical, 
similar, imitating, completely or partially translating, or associated with a "well-known mark" or a 
previously registered trademark.  Article 14 of the new Law "On Trademarks and Geographical Indications" established opposition procedures against trademark applications.  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 allow unregistered "well-known marks" to be protected in Yemen.   
217.  Registration of a trademark did not require prior use, but the mark had to be clearly 
distinguishable from other marks.  Articles 92-95 of the Intellectual Property 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.   WT/ACC/YEM/42 
 
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  218.  Trademark protection was valid for ten years from the date of filing of the application, and 
r e n e w a b l e .   R e n e w a l s  w e r e  e f f e c t e d  i n  t h e  f i n a l  y e a r  o f  p r o t e c t i o n .   I f  n o  r e q u e s t  h a d  b e e n  received, the Ministry of Industry and Trade would give a written notice to the owner two months prior to the expiry of the trademark registration, and automatically delete the registration of the 
mark if the registration had not been renewed with in 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 assigned ownership to the registered trademark.  Trademark licence agreements required registration with the Yemeni authorities, and a licensee could initiate trademark infringement cases in Yemen. 
220.  The representative of Yemen said that Article 39 of the new Law "On Trademarks and 
Geographical Indications" covered the relationship between trademarks and geographical indications and, in his view, met the requirements of Article 24.5 of the TRIPS Agreement.  Trademarks bearing 
a geographical indication would be registered if the mark was acquired, in good faith, prior to the 
enforcement date of the Law or prior to the date the geographical indication was 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 the protection of a confusingly similar 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 indication 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 
the TRIPS Agreement would govern the ongoing relationship between prior trademarks and later applied for geographical indications.  Another Member cited the grounds for refusal of protection of a 
geographical indication as regards prior trademarks in its own legislation.  Furthermore, this Member 
noted that its legislation allowed for a trademark applied for, registered, or established by use in good faith to continue to be used notwithstanding the registration of the geographical indication 
provided that no grounds for its invalidity or revocation existed.  Yemen was invited to examine 
these provisions and incorporate the wording of Article 16.1 of the TRIPS Agreement in the new draft Law.  In response, the representative of Yemen said that his Government had examined the suggestion to allow trademark owners the possibility to challenge later-in-time geographical 
indications in Yemen.  He added that Article 16.1  of the TRIPS Agreement had been incorporated in 
Article 22.2 of the Law "On Trademarks 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 Trademarks and Geographical 
Indications" had been adopte d on 21 November 2010.   
222.  Some Members sought further information on Yemen'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 trademark system currently provided 
interested parties with the legal means to prevent misleading use 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 prohibited items in Yemen and no justification, in his opinion, to offer protection for geographical indications 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 Geographical 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 Yemen 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 WT/ACC/YEM/42 
 
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  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.  
- Industrial designs 225.  The representative of Yemen said that the Intellectual Property Rights Law No. 19/1994 
accorded protection to industrial designs.  Articles 106-108 of the Law set-out the procedures to 
register an industrial design.  Registered industrial designs could not be used without prior permission of the owner.  Registered industrial designs were protected for an initial five-year term 
from the date of application.  The period of protec tion 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 industrial 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-renewable 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 (16)(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 industrial designs for scientific research, training or education, and other uses 
which did not unreasonably conflict with normal use or unreasonably 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 Law to clearly define the fair use exceptions for industrial designs.  In addition, a Member aske d Yemen to justify Article (18) of the draft Law 
providing for compulsory licenses of industrial designs.  Yemen was reminded that the TRIPS 
Agreement permitted compulsory licenses of patents but there was no such provision for 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) an d (4)(c) of the draft Law would extend protection 
to ornamental and aesthetic designs having no functional or technical usage.  Yemen was asked to 
explain how the public interest would justify th e involuntary use of protected ornamental and 
aesthetic designs with no functional or technical use.  Article (18) of the draft Law could, therefore, 
significantly undermine 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 (2 1) of the new Law would be in conformity with 
Article 26.2 of the TRIPS Agreement.  In response to specific questions on the right of applicants to claim priority registration of a design and the period for priority, he said that Yemen was a signatory 
of the Paris Convention for the Protection of Industrial Property 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 the draft Law was only 
envisaged in urgent circumstances or to prevent misuse of exclusive rights by the owner of the 
design.  He added that Yemen would allow compulsory licenses to be issued in the public interest based on a reasoned decision by the relevant minister, and upon payment of equitable compensation.   
229.  The representative of Yemen added that the new Law "On Industrial Designs" had been 
adopted on 26 December 2010.   WT/ACC/YEM/42 
 
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  - 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 responsibl e 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 applied.  Members 
offered assistance to improve the patent registration process and suggested that Yemen might 
benefit from partnering with other intellectual property 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 protection for biological methods to produce 
new types of plants and livestock, and prohibited patents for inventions violating Shari'a and 
contravening public 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 informatio n on the 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 Property 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 Patents, 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 indicated that natural living organs, tissues, cells, 
substances, nucleotides, blood, hormones and genes were not inventions and not patentable.  
Article (9) of the draft required inventors to provide evidence that any invention containing traditional knowledge, plant or animal material 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 patent.  Yemen was reminded 
that Article 27.1 of the TRIPS Agreement conveyed that products and processes in all fields of technology were patentable subject matter prov ided the inventions met the requirements 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 substances 
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 conformity with Article 27 of the TRIPS Agreemen t.  The draft law did not specify the evidence 
required, but 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 authorities.  Evidence could be attached with the patent application or submitted at a later date.   
234.  In response to specific queries on the procedures 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 the draft Law would establish the grounds for termination of protection of a patent, namely:  (i) the expiry of the term of protection; (ii) failur e 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 violation of the provisions of the new Law.   
235.  Article (17) of the draft Law granted patent owners 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 pr ovisions of Article 31 of the TRIPS Agreement on WT/ACC/YEM/42 
 
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  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 urge ncy, 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,  however, 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 vital national economic sectors" would not prejudice the legitimate rights of the patent holder and would 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 th e 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) and (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 Undiscl osed 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 Law No. 20/1998 "On Agricultural Seeds 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 La w "On Patents, 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 cove red in Chapter Four (Articles (29) to (32)) of 
the new Law "On Patents, Utility Models, Integr ated Circuits and Undisclosed Information".  
The protection of undisclosed information, includ ing 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 Patents, 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 parties from any infringing acts of unfair competition" 
and asked how Yemen would provide for the rights enumerated in Article 39.2 of the TRIPS Agreement, in particular the possibility of preventing information lawfully within the natural or 
legal persons control from being disclosed 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 disclosure of undisclosed marketing approval 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 the TRIPS Agreement.  In reply, the representative of Yemen said that Article (33) of the draft Law woul d 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, pharmaceutical or agricultural products.  
Article (34) would also be redrafted to give the legal holder of undisclosed information the right to WT/ACC/YEM/42 
 
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  prevent information from being disclosed to, acquired by, or used by others without their consent in 
a manner contrary to honest commercial practices.   
241.  The representative of Yemen added that the new Law "On Patents, Utility Models, 
Integrated Circuits and Undiscl osed Information" had been adopted on 12 January 2011.  
- MEASURES TO CONTROL ABUSE OF  INTELLECTUAL PROPERTY RIGHTS 
242.  The representative of Yemen said that Articl e 81 of the Intellectual Property Rights Law 
and Article 4 of the Law No. 19/1999 "On Competition Promotion, Monopoly, and Commercial 
Deception Prevention" defined measures to control the abuse of intellectual property rights.  
Article 4 of the Competition Law was, in his opinion, consistent 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 and 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 consent from practicing the invention was not, by 
itself, sufficient grounds to deem the holder to be  abusively 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 made to obtain the consent of the 
patent holder. 
- ENFORCEMENT - Civil judicial procedures and remedies 
244.  The representative of Yemen said that Articles 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 an d judicial 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 address infringements involving geographic indications, patents, protection of plant varietie s, integrated circuits, misuse of confidential 
information and trade secrets.  Information on the ex isting civil judicial procedures and remedies is 
provided in document WT/ACC/YEM/7/Rev.1.   
245.  Injunctive relief was provided in accordance  with Article 115 of the Intellectual Property 
Rights Law, upon request, through (i) the seizur e and confiscation of goods, documents and any 
other marks or objects used for imitation or co unterfeiting.  Revenue from the sale of such 
confiscated objects could be used for the settlement of damages or fines; (ii) the destruction of such objects, when necessary; (iii) publication of the infringement 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 assess 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 Related 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 in fringing 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 display or imposition of a ban in the future; (iv) appointment of a judicial guardian 
of the disputed work who would be entrusted to repu blish, display, produce or secure copies of the 
work, the resulting revenue being deposited in th e court's treasury; and (v) establishment of an 
inventory of revenue resulting from publication or presentation by an expert appointed for that 
purpose, if a lien on revenue was necessary.  He added that compensation for damages in WT/ACC/YEM/42 
 
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  intellectual property cases had been included in the new intellectual property right laws: Article 50 
of the Law "On Trademarks 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 Articles 79 and 80 of the La w "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 Protecti on 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 di spose 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).   
- Provisional measures 
248.  The representative of Yemen said that the Intellectual Property Rights Law No. 19/1994 
and Articles 238-252 of the Civil Procedures and Enforcement 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 enactment of the new Laws "On the 
Protection of Copyright and Related Rights", "O n Trademarks and Geographical Indications", and 
"On Industrial Designs", which provided Yemeni courts with the authority to order prompt and 
effective provisional measures to prevent infringement, preserve related 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 property laws, the court could, where 
appropriate, take any precautionary measures to stop customs from 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 Procedures and 
Enforcement Law, the holder of a temporary lien ha d to present the case and prove the veracity of 
the claim within eight days - otherwise the lien would be considered 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 procedures pertaining to forged works.   
- Administrative procedures and remedies 
251.  The representative of Yemen said that the Intellectual 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 compliance with Articles 42 through 49 of the 
TRIPS Agreement.  He added that the administrati ve enforcement of intellectual property rights 
had been provided for in the new intellectual property laws.   
252.  In accordance with Article 41(b) of the Law "On Trademarks and Geographical 
Indications", administrative staff with the status of judicial authority were entitled to enter and 
inspect shops and stores that sold, distributed, or produced goods bearing fake trademarks or WT/ACC/YEM/42 
 
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  industrial designs.  Staff might initiate a lien an d take custody of the materials and means used in 
committing the violation.  The same procedures ha d been incorporated 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 Yemen.  Although regulations and procedures in connection with field inspections had not been published, 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 enforcement of the Intellectual Property Rights Law.  His Government had sought to engage all law enforcement agencies, including the police, general 
prosecutors, customs authorities, and the relevant Ministries, to coordinate in the protection and 
enforcement of intellectual property rights.  However, 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 border 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 Trademarks and 
Geographical Indications" had provided the proc edures enabling the right holder to suspend the 
release of counterfeit trademark goods.  Similarl y, the Law "On the Protection of Copyright and 
Related Rights" included provisions on border measures to meet the requirements of Articles 51 
through 60 of the TRIPS Agreement.  
- Criminal procedures 
256.  The representative of Yemen said that intentional acts of infringement covered by 
Article 124 of the Intellectual Property Rights Law No. 19/1994 were punishable by imprisonment 
for a period not exceeding six months, or a fine of not less than 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 the level of penalties applied for crimes of corresponding gravity.  
Beyond fines and imprisonment, the Intellectual Pr operty 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 also 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 cove red 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, either  of the two punishments was in accordance with 
Article 61 of the TRIPS Agreement.  The Press an d 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 wi th artistic works, cinematography works and 
publications; and, the provision of fair compensation 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 forged 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 the tools associated with the infringement.  WT/ACC/YEM/42 
 
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  259.  A Member noted that the existing legislation and the draft laws in preparation did not 
appear to provide for criminal procedures and penalties sufficient to act as a deterrent for wilful trademark counterfeiting or copyright piracy on a commercial 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 was 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 Trademarks  and Geographical Indications" allowed, as 
appropriate, for the seizure, forfeiture, and destruction of infringing goods and of any materials or implements used, thereof and provided for imprisonment and deterrent level penalties for wilful 
trademark counterfeiting and copyright piracy.  In his view, these provisions were consistent with 
Article 61 of the TRIPS Agreement.   
261.  For the reasons given above, the representa tive 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 granted for the implementation of the WTO 
Agreement on TRIPS, his government was prepared to undertake the following commitments.  
During the transition periods in the Action Plan for full implementation of the TRIPS Agreement, Yemen would fully apply Articles 3, 4 an d 5 of the Agreement that provide for, inter alia , national 
treatment and MFN treatment under current legislation in place.  Yemen would also ensure that 
any change made in its laws, regulations and practice  during this period will not result in a lesser 
degree of consistency with the provisions of the TRIPS Agreement that existed on the date of accession. 
262.  The representative of Yemen further confirmed that, should a transition be granted, his 
Government would ensure that existing rates of infringement would not significantly increase and that any infringement of intellectual property rights would be addressed immediately in 
cooperation with the assistance from affected right holders.  He further confirmed that during the 
transition period, the proper authority for obtaining permission to use plant or animal material or traditional knowledge would be specifically identified so that patent applicants could comply with the procedure set-out in Article 9 of Yemen's Patent Law.  The representative 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.  Furthermore, 
he also committed to delete Article 39 of Law No. 23/2010 "On Trademarks and Geographical 
Indications", 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 
before such a geographical indication had been gran ted 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, Yemen 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 country, as well as for works 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 infringement prior to any subsequent judiciary procedure for seizure.  Third, the Yemeni representative confirmed that by 
December 2014 Yemen will clarify in the implem enting regulations to Copyright Law No. 15 of 
2012 that "small consignments" (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 technical 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 legislation in promulgated form to WTO Members so that 
TRIPS-consistency could be confirmed.  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 objective and a timetable for each step 
(Table 23). WT/ACC/YEM/42 
 
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  Table 23:  Action Plan for the Implementa tion of the Agreement on Trade-Related 
Aspects of Intellectual Property Rights 
Action Time-frame 
Copyright and Related Rights: 
- Reviewing Law No. 19/1994 on Intellectual 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 copyright and related rights protection as 
well as customs officials, police, judges and lawyers. Continuous. 
Establishment of Copyright and Related Rights Information Centre. 2014 
Reorganization and establishment of Co pyright and Related Rights Office. 2014 
Computerization of Copyright an d Related Rights Office. 2014 
Developing copyright and related righ ts regulations and work manuals. 2014 
Enhancing public awareness on the protection of copyright and related 
rights. Continuous. 
Industrial Property: 
- Reviewing Law No. 19/1994 on Intellectual Property  (Trademarks, Industrial 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. 
 
- Approval of the Industrial Property laws by Parliament. 
- Issuance of Presidential Decree: 
- Trademarks and Geographical Indications;  
- Industrial Designs;  
- Patents, Utility Models, Integrated Circuits and Undisclosed 
Information.  
Done.  
 
Done.        Done.  Done. Done. 
 
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 Industrial Property protection as well as customs officials, police, judges and lawyers. Continuous. 
Establishment of Industrial Property Information Centre. 2013 
Reorganization and establishment of  Industrial Property Office. 2013 
Computerization of Industrial Property Office. 2013 
Developing industrial property regulations and work manuals. 2014 
Enhancing public awareness on the protection of industrial property rights. Continuous. 
Full implementation of the Agreement on Trade-Related Aspects of 
Intellectual Property Rights (except with respect to patents and undisclosed information of pharmaceutical products covered by the Doha Declaration on TRIPS and Public Health). 31 December 2016 
263.  The representative of Yemen confirmed that 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.   WT/ACC/YEM/42 
 
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  VI. POLICIES AFFECTING TRADE IN SERVICES 
264.  The representative of Yemen said that the se rvices 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, communicati ons, storage, wholesale and retail trade, real 
estate, construction, insurance and financial services.  Trade in services was mainly operated by 
the private sector.  However, his Government was the exclusive supplier of television, 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 Ministry of Social Affairs and Labour 
regulated the movement of natural persons; the Ministry of Education was responsible for 
educational services; the Ministry of Public Health and Population for health services; the Ministry of Transport and Maritime Affairs for land, air and sea transportation; the Ministry of Public Works and 
Urban Development was responsible for engineering and construction services; the Ministry of 
Tourism and Environment regulated tourism and environmental services; and, the Ministry of Oil and Minerals was responsible for services related to petroleum products.  Other bodies and professional 
associations playing a role in the regulation of services included the General Authority 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 Syndicate of Lawyers, the Association of Tourism and Travel Agencies, the Hotels Union and Hotels 
Association, the Association of Chartered Account ants, 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 nominal and did not cover fully the 
administrative costs incurred.  In addition to the work permit fee, YRls 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 obtain licenses and provide professional services 
were governed by various laws, including the Lawyers' Profession Law No. 31/1999, the Medical 
Professions and Assisting Medical Professions Law No. 26/2002, and the Auditing Accounts Law No. 26/1999.  These Laws established standards and regulated the participation or involvement 
of foreign professionals in the respective professions.  The criteria for obtaining professional licenses 
were the same for Yemeni and foreign professionals.  The criteria were published in the Official 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 practice law except 
through a licensed Yemeni lawyers' office; by permission from the 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 consultancy services not involving 
pleading in Yemeni courts could be provided by foreign lawyers and legal service providers 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 international 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 partnership with its head office in Yemen, all partners had to be chartered accountants with 
licenses to practice, and the chartered accountant could not practice privately or be a partner of more than one accounting firm.  Foreigners (natural 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 oblig ed to take one or more Yemeni chartered WT/ACC/YEM/42 
 
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  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 
Yemeni nationals.  The Ministry of Industry  and Trade issued licenses on the basis of 
recommendations made 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 
processed and examined within three weeks.  The representative of Yemen confirmed that foreign 
accounting and auditing firms legitimately established in Yemen were not restricted in supporting their services from offices outside of Yemen.  This treatment also applied to architecture, 
engineering, integrated engineering, urban planni ng and landscape architecture service suppliers.  
270.  Concerning management consulting and related services, he said that foreign management 
consulting companies were eligible to set up branches 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) network was operated exclusively by the Public Telecommunications Corporation.  International and national telecommunication services via satellite were provided by TeleYemen and the Public Telecommunications 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 Yemen's Services 
Schedule.  Satellite dishes were permitted for receiving signals for radio, television and 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 transmissi on links from the Public Telecommunications 
Corporation.  He added that Yemen had no legisl ation regulating 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 regarding 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.  Th e purpose of the equity cap was to encourage the 
participation 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 banks 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 capi tal (for both foreign-owned and locally-owned 
banks) of YRls 6 billion had been transferred.  The representative of Yemen stated that other prudential requirements relating to the estab lishment of foreign-owned banks or branches of 
foreign banks would be applied on a non-discrimin atory basis.  The work plan, including budget 
estimates, should cover the first three year s of operation from the proposed date of 
commencement.  The CBY also evaluated the suitability of the proposed office 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. WT/ACC/YEM/42 
 
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  275.  Some Members of the Working Party asked whether Yemen planned to authorize the 
participation of foreigners in security underwriting, commodity brokerage services and currency exchange operations.  In response, the representative of Yemen stated that Yemen currently did not regulate securities trading, money broking,  asset management or clearance and settlement 
services, but agreed to permit foreign firms to en gage in such businesses, on a non-discriminatory 
basis, when such businesses were authorized and regulated.    
276.  Foreign equity participation in Yemeni insurance and re-insurance companies was limited to 
25 per cent in accordance with Law No. 37/1992 "On Supervision and Monitoring of Insurance 
Companies and Brokers" and Law No. 9/1997.  No benefits or privileges were extended to the 
State-owned insurance companies.  Subject to appr oval of the Minister of  Industry and Trade, 
Yemeni nationals were allowed to purchase insurance offshore 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 reinsurance, retrocession, 
intermediation 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 tourism with other sectors of the 
economy; generate employment opportunities; in crease foreign exchange inflows; develop new 
regions or sites as tourist areas; promote ecologic al 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 Agreements, and Yemen's ability to ensure the 
publication of all relevant legislation or regulations 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 the provision of draft laws and regulations 
to interested parties for comment was not common practice, 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 circulated within two weeks of issue, and entered into force 30 days after the date of publication.  The Official Gazette was distributed widely and was available to all govern mental bodies and authorities at the local and 
central level.  The Official Gazette was also available to the general public through annual 
subscriptions or direct sales at reasonable pric es from bookshops, newsstands, 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 the process of drafting 
legislation 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 WTO Agreements, 
and would ensure the publication of all relevant legislation or regulations related to the 
implementation of the WTO Agreements from the date of accession.   
281.  The representative of Yemen confirmed that, upon accession, Yemen would fully and 
promptly implement Article X of the GATT 19 94, Article III of the GATS, Article 63 of the 
TRIPS Agreement, and other transparency provisions  in the WTO Agreements requiring notification 
and or publication.  He further confirmed that no law, regulation, judicial decision, administrative WT/ACC/YEM/42 
 
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  rulings, or other measures of general application pe rtaining to or affecting trade in goods, services 
and TRIPS would become effective prior to its publication in the Official Gazette.  The publication of such laws, regulations and other measures would include the effective date of these measures and list the products and/or services affected by the particular 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 would submit all initial notifications required by the 
WTO Agreement.  Any laws, regulations, or other 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.  The Working Party took note of these 
commitments. 
VIII. TRADE AGREEMENTS 
283.  The representative of Yemen said that his Government 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 trade.  However, this agreement had not yet been fully implemented in practice.  Yemen was also a party to a 
preferential Economic, Trade, Investment and Te chnical Cooperation Agreement with the Kingdom 
of Saudi Arabia, signed in August 1996, and in fo rce since August 2000.  Under the terms of this 
Agreement about 85 per cent of Yemen's export s to Saudi Arabia had been exempted from 
customs duties and non-tariff restrictions in 2001.  At present 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 prohibited for religious, environmental or security 
reasons in accordance with the laws and regu lations of Yemen, Iraq and the Kingdom of 
Saudi Arabia.  Products originating in the free zo nes 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 th e exports of Yemen, as an LDC, required only 
20 per cent local value-added to qualify for du ty-free treatment under the FTA.  Under the 
preferential agreement with the Kingdom of Sa udi Arabia, Yemeni expo rts 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 preferential arrangements, the representative of 
Yemen stated that the existing preferential trade 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 matters 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, and 282 of this Report.  The Wo rking Party took note that these commitments 
had been incorporated in paragraph 2 of the Protocol of Accession of Yemen to the WTO. 
287.  Having carried out the examination of the foreign 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 Accession reproduced in the Appendix to this 
Report, and takes note of Yemen's Schedule of Concessions and Commitments on Goods (document WT/ACC/YEM/42/Add.1) and its Schedule of Specific Commitments on Services (document WT/ACC/YEM/42/Add.2) that are annexed to  the draft Protocol.  It is proposed that 
these texts be adopted by the Ministerial Confer ence when it adopts the Report.  When the WT/ACC/YEM/42 
 
- 66 - 
 
  Decision is adopted, the Protocol of Accession would be open for acceptance by Yemen which 
would become a Member thirty 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/YEM/42 
 
- 67 - 
 
  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 Concerning 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 Production Protection from Impacts of Harmful 
International Trade Practices"; 
- Republican Decree Law No. 127/1997 "On the Forming 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 Special 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 Conformity Certification Programme; - Law No. 32/1999 "On Plant Quarantine"; - Law No. 17/2004 "On the Organization and Protection of Livestock"; 
- 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 Requirements 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"; WT/ACC/YEM/42 
 
- 68 - 
 
  - Draft Law "On Trademarks and Geographical Indications"; 
- Draft Law "On Industrial Designs"; - Draft Law "On Patents, Utility Models, Layout-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 the 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 'On Supervision and Control of Insurance 
Companies and Agents'", as amended. WT/ACC/YEM/42 
 
- 69 - 
 
  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  Mini stry 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/YEM/42 
 
- 70 - 
 
  Table 4: Privatization 
Enterprise Status 
I. Projects subject to Privatization 
Industrial Sector 
General Corporation for Salt, Aden Evaluated 
Biscuit and Candy Factory, Aden Privatized , ownership transferred to private sector 
Automatic Bakery, Aden Privatized, owne rship transferred to private sector 
Dairy  Factory, Aden Liquidated 
Canada Dry Factory, Aden Resituated 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 is sued 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. Pr ivatized, ownership transf erred to its employees 
Leather Shoe Factory Land and building  resituated to original owner and 
equipment sold 
Leather Products Cooperative  Land and bu ilding resituated to original owner and 
equipment sold 
Martyrs' Garments Factory Land and buil ding resituated to original owner and 
equipment sold 
Vegetable Oil Factory Equipment sold, land leased for 30 years 
Soap Factory Equipment sold 
Women's sewing Cooperative Liquidation 
Emulsion and Paints Company Privatized 
Agricultural and Irrigation 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 transf erred to its employees 
General Corporation for Digging Well Liquidated 
Dates Packing Unit, Saiyoun Liquidation in progress 
General Cooperation for Agricult ural Services Evaluation stud y has approved, privatization 
procedures under progress 
Dar Sa'ad Poultry Liquidated 
Transport Sector 
General Corporation for Land Transport Evaluation privatization is in progress 
Aden Dockyards  Study in progress 
Airport Ground Handling Services  
Fishery Sector
Central Unit for Maintenance an d Services Study in progress  
Shograh Fish Canning Factory, Abyan Announce d publicly for privatization, no offers 
received negotiation in progress for the sale of factory  
Port of Nashtonne, Al-Mahra Privatization approved through leasing  
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 for Textile and Electric 
Supplies/Aden Liquidation  
Yemen Company for Free Trade (Al-Nasr)/Aden Liquidation in progress 
Al-Hudaidah Grain Silos Company, Al-Hudaidah  Has been privatized and sold  to private sector  
Public Corporation for Buil ding 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 WT/ACC/YEM/42 
 
- 71 - 
 
  Enterprise Status 
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/YEM/42  
 
- 72 - 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 Learning 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/YEM/42  
 
- 73 - Table 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, ed ible 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   
 
 - YRls 50  - YRls 100 - 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 
fertilizers or artificial soil. 
- For each 20 seedlings or 
suckers 
- 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.  
  WT/ACC/YEM/42  
 
- 74 - S/N HS Code Description Fee Purpose Legal Reference 
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. 
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.  
  WT/ACC/YEM/42  
 
- 75 - S/N HS Code Description Fee Purpose Legal Reference 
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 standards 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. 
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     
 - 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 
 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/YEM/42  
 
- 76 - S/N HS Code Description Fee Purpose Legal Reference 
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 100 per parcel a 
week or less than a week 
      
 
       - YRls 10 per parcel - YRls 50 per pallet - YRls 200 per car 
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  
 - 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 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.  
  WT/ACC/YEM/42  
 
- 77 - S/N HS Code Description Fee Purpose Legal Reference 
- Big trucks 
- Pick-up trucks - Trucks loaded with goods of 
Government tenders - YRls 1,500 
- YRls 300 - YRls 100 
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. 
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/YEM/42  
 
- 78 - Table 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.
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. 
  WT/ACC/YEM/42  
 
- 79 - No. HS Code  Description  Fees Purpose Legal Reference
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 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.
 WT/ACC/YEM/42 
 
- 80 - 
 
  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 cont aining 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, whethe r 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  co ntaining 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  
43. 20081110  ---prepared or pres erved 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  WT/ACC/YEM/42 
 
- 81 - 
 
  No. HS Code  Description  Reason of 
Prohibition  WTO 
Justification  
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  
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 wheels 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 old 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/YEM/42 
 
- 82 - 
 
  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 14H6ClF3NNaO 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 15H23ClO4S 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 11H13NO4 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) C23H22ClF3O2 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 10H9Cl4NO2S Fungicide 
33. Captan 133-06-2 C 9H8Cl3NO2S Fungicide 
34. Carbaryl 63-25-2 C 12H11NO2 Insecticide 
35. Carbofuran 1563-66-2 C 12H15NO3 Insecticide, Acaricide 
and Nematicide 
36. Carbon tetrachloride 56-23-5 CCl 4 Fumigation and 
Insecticide 
37. Carbophenothion 786-19-6 C 11H16ClO2PS3 Insecticide 
38. Carbosulfan 55285-14-8 C 20H32N2O3S Insecticide 
39. Chinomethionat 02/01/2439 C 10H6N2OS2 Acaricide and 
Fungicide 
40. Chlordane 57-74-9 C 10H6Cl8 Insecticide 
41. Chlordecone 143-50-0 C 10Cl10O Insecticide 
  
42. Chlordimeform 6164-98-3 C 10H10ClN2 Acaricide 
43. Chlorethoxyfos 54593-83-8 C 6H11Cl4O3PS Insecticide 
44. Chlorfenvinphos 470-90-6 C 12H14Cl3O4P Insecticide 
45. Chlormephos 24934-91-6 C 5H12ClO2PS2 Insecticide 
46. Chlorobenzilate 510-15-6 C 16H14Cl2O3 Acaricide 
47. Chlorophacinone 3691-35-8 C 23H15ClO3 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 14H16ClO5PS Insecticide WT/ACC/YEM/42 
 
- 83 - 
 
  No. Common Name CAS No. Formula Type of Pesticide 
53. Crotoxyphos 7700-17-6 C 14H19O6P Insecticide 
54. Cyanazine 21725-46-2 C 9H13ClN6 Herbicide 
55. Cyanophos 2636-26-2 C 9H10NO3PS Insecticide 
56. Cycloheximide 66-81-9 C 15H23NO4 Fungicide 
57. Cyhexatin 13121-70-5 C 18H34OSn Acaricide 
58. Cypermethrin beta-
Cypermethrin 52315-07-8 
65731-84-2 C22H19Cl2NO3 Insecticide 
59. alpha and theta -
Cypermethrin 71697-59-1 
67375-30-8 C22H19Cl2NO3 Insecticide 
60. zeta-cypermethrin 52315-07-8 C 22H19Cl2NO3 Insecticide 
61. Cyproconazole 94361-06-5 C 15H18ClN3O 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 8H16NO5P Insecticide 
72. Dieldrin 60-57-1 C 12H8Cl6O  Insecticide 
73. Dimefox 115-26-4 C 4H12FN2OP Insecticide and 
Acaricide 
74. Dimethoate 60-51-5 C 5H12NO3PS2 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 
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 14H14NO4PS Insecticide 
87. Epoxiconazole 106325-08-0 C 17H13ClFN 3O Fungicide 
88. Ethiofencarb 29973-13-5 C 11H15NO2S  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 13H22NO3PS 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 9H12NO5PS Insecticide 
97. Fensulfothion 115-90-2 C 11H17O4PS2 Nematicide and 
Insecticide 
98. Flucythrinate 70124-77-5 C 26H23F2NO4 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 C26H22ClF3N2O3 Insecticide 
102. Folpet 133-07-3 C 9H4Cl3NO2S 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 WT/ACC/YEM/42 
 
- 84 - 
 
  No. Common Name CAS No. Formula Type of Pesticide 
106. Fosetyl-Al 39148-24-8 
9148-2408 C6H18AlO9P3 Fungicide 
107. Fosmethilan 83733-82-8 C 13H19ClNO 3PS2 Insecticide 
108. Furathiocarb 65907-30-4 C 18H26N2O5S Insecticide 
109. Furmecyclox 60568-05-0 C 14H21NO3 Fungicide 
110. Haloxyfop-P 72619-32-0 C 16H13ClF3NO4 Herbicide 
111. Heptachlor epoxide 76-44-8 C 10H5Cl7 Insecticide 
112. Heptenophos 23560-59-0 C 9H12ClO4P 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 9H17ClN3O3PS Insecticide and 
Nematicide 
117. Isofenphos 25311-71-1 C 15H24NO4PS Insecticide 
118. Isoprocarb 2631-40-5 C 11H15NO2 Insecticide 
119. Isothioate 36614-38-7 C 7H17O2PS3 Insecticide 
120. Isoxathion 18854-01-8 C 13H16NO4PS Insecticide 
121. Lactofen 77501-63-4 C 19H15ClF3NO7 Fungicide 
122. Lead arsenate 7784-40-9 AsHO 4Pb Insecticide 
123. Leptophos 21609-90-5 C 13H10BrCl 2O2PS Insecticide 
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 2H8NO2PS Insecticide 
130. Methidathion 950-37-8 C 6H11N2O4PS3 Insecticide 
131. Methiocarb 2032-65-7 C 11H15NO2S Insecticide 
132. Methomyl 16752-77-5 C 5H10N2O2S Insecticide 
133. Methoxychlor 72-43-5 C 16H15Cl3O2 Insecticide 
134. Methyl  parathion 298-00-0 C 8H10NO5PS 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 7H14NO5P Insecticide 
140. Naled 300-76-5 C 4H7Br2Cl2O4P Insecticide 
141. Nicotine 54-11-5 C 10H14N2 Insecticide 
142. Nitrofen 1836-75-5 C 12H7Cl2NO3 Herbicide 
143. Omethoate 1113-02-6 C 5H12NO4PS 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 10H14NO5PS Insecticide 
150. Paris green 12002-03-8 C 4H6As6Cu4O16 Insecticide 
151. Pentachlorophenol 87-86-5 C 6HCl5O 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 12H11Hg2NO4 Fungicide WT/ACC/YEM/42 
 
- 85 - 
 
  No. Common Name CAS No. Formula Type of Pesticide 
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 8H16NO3PS2 Insecticide 
158. Phosphamidon 13171-21-6 C 10H19ClNO 5P Insecticide 
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 13H11Cl2NO2 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 10H20NO4PS Insecticide 
169. Propoxur 114-26-1 C 11H15NO3 Insecticide 
170. Prothoate 2275-18-5 C 9H20NO3PS2 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 fluoroacetate 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 11H15NO2 Insecticide 
194. Triphenyltin hydroxide 76-87-9 C 18H16OSn Fungicide 
195. Vamidothion 2275-23-2 C 8H18NO4PS2 Insecticide 
 
 WT/ACC/YEM/42 
 
- 86 - 
 
  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 2HF2Br3 Difluorotribromoethane 
6. ~   * C 2HF3Br2 Trifluorodibromoethane 
7. ~ 124-72-1 * C 2HF4Br 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 3HF2Br5 Difluoropentabromopropane 
16. ~   * C 3HF3Br4 Trifluorotetrabromopropane 
17. ~   * C 3HF4Br3 Tetrafluorotribromopropane 
18. ~   * C 3HF5Br2 Pentafluorodibromopropane 
19. ~ 63905-11-3 * C 3HF6Br 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 Bromochl oroMethane 
 
 WT/ACC/YEM/42 
 
- 87 - 
 
  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 Shor t 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 2FCl5 CFC-111 
11. Difluorotetrachloroethane C 2F2Cl4 CFC-112 
12. Fluoroheptachloropropane C 3FCl7 CFC-211 
13. Difluorohexachloropropane C 3F2Cl6 CFC-212 
14. Trifluoropentachloropropane C 3F3Cl5 CFC-213 
15. Tetrafluorotetrachloropropane 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) C 2H3CI3 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/YEM/42 
 
- 88 - 
 
  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 prod uction 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) and/or polybrominated biphenyls (PBBs) 
11. Y11 Waste tarry residues arising from refi ning, distillation and any pyrolytic treatment 
12. Y12 Wastes from production, formulation and use of inks, dyes, pigments, paints, lacquers, varnish 
13. Y13 Wastes from production, fo rmulation and use of resins, late x, 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 natu re not subject to other legislation 
16. Y16 Wastes from production, form ulation and use of photographic ch emicals and processing materials 
17. Y17 Wastes resultin g 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 Annex (e.g. Y39, Y41, Y42, 
Y43, Y44) 
27. Y46 Wastes collected from households 
28. Y47 Residues arising from the in cineration of household wastes WT/ACC/YEM/42 
 
- 89 - 
 
  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/YEM/42  
 
- 90 - Table 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 lobste r 
- 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 for 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".  
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/YEM/42  
 
- 91 - Table 18:  List of Groups of Products and the Rele vant 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 repo rts and files that proves the product conformity to standards  or technical 
regulations.  The Certification Body performs 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 devices (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 f ile that proves the product conformity to standards and techn ical regulations.  
The Certification Body performs inspection, type testing and surveillance on production at random periods. 
8. Photocopying machines 9009.11, 9009.12, 
9009.21, 9009.22, 900.30  
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 f ile that proves the product conformity to standards or techn ical regulations.  
The Certification Body performs inspection, 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  
  WT/ACC/YEM/42  
 
- 92 - No. Item HS Code Conformity Assessment Procedure 
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 testin g 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 
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 free from animal epidemic diseases stipulated in the International Epidemics 
Office by-laws (a) and (b); 
- Regarding cow madness disease (for beef and its produc ts), it will comply with the OIE Terrestrial Animal 
Health Code; 
- That butcheries where animals 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 reports and files that prove meat product 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 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 wi th 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 files 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 international 
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 heal thy cows and free from diseases, including cow madness 
disease; and 
- That the factory uses milk that is in conformity wi th health measures of Yemeni technical regulations.  
  WT/ACC/YEM/42  
 
- 93 - No. Item HS Code Conformity Assessment Procedure 
4. Frozen and fresh 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 pests an d insects to plants in accordance with plant health 
agreement; 
- That imported fruits and vegetables do not contain pesticides 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 conforming 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 files 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 applied 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 pests an d 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 suitable 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. 
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 Ye meni 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 it ems 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 conformity 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 should be  
  WT/ACC/YEM/42  
 
- 94 - No. Item HS Code Conformity Assessment Procedure 
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 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 conformity 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 should  be verified that milk is provided from free diseases 
animals, which includes cow madness disease. 
10. Babies and infant foods 21.06 The manufacturer maintains tec hnical 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 Ye meni 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 milk used in manufacturing  is provided fr om healthy cows and free 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 he alth 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 conformity 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 should  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. 
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 Ye meni 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 conformity 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 for food items in accordance with health conditions. 
13. Bottled water, mineral and soda 22.01, 22.02 The manufacture r maintains technical reports and files that prove bottled wate r, 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.  
  WT/ACC/YEM/42  
 
- 95 - No. Item HS Code Conformity Assessment Procedure 
Required Procedures by Inspection Body/Required Ratification: 
- That the factory uses raw materials usable for food  industry and in conformity with Yemeni technical 
regulations; 
- That manufacturer practices applied in the factory harmonized with Yemeni technical regulations; and - That the products transport 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 hea lth 
measures and technical regulations.  The Body will carry out the inspection for testing, market surveillance and production in accordance with health measures and Ye meni 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 materials used in manufacturing food additives are valid for human consumption in accordance with 
international Alimentarius commission; 
- In case containing food additives an ingredients related to cow origin; and - If the product is related to meats. 
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 testin g 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 pr oduct conformity to standards or technical regulations.  
The Certification Body performs inspec tion, 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 inspec tion, type testing on the design and product at random periods, assessment 
of the quality system that includes design and surveillance. 
 
 
_______________  
 
 WT/ACC/YEM/42 
 
- 96 - 
 
  APPENDIX 
 
DRAFT DECISION 
ACCESSION OF THE REPUBLIC OF YEMEN 
Decision of […] 
 The Ministerial Conference,  Having regard to  paragraph 2 of Article XII 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), 
 Taking note of  the application of the Republic of Yemen for accession to the WTO Agreement 
dated 12 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 Ag reement 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 WTO Agreement on the terms and conditions set 
out in the Protocol annexed to this Decision. 
 
_______________ 
 
 
 WT/ACC/YEM/42 
 
- 97 - 
 
  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 of the WTO accorded under Article XII of the Marrakesh Agreement 
Establishing 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/YEM/42, dated 4 October 2013 (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 Protocol pursuant to paragraph 8, the Republic 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 otherwise 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 paragraph 286 of the 
Working Party Report, shall be an integral part of the WTO Agreement. 
3. Except as otherwise provided for in paragraph 286 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 inconsistent with paragraph 1 of Article II of 
the General Agreement on Trade in Services (hereinafter referred to as "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 Annex to the GATS on Article II Exemptions. 
PART II - SCHEDULES 
5. The Schedules reproduced in the Annex to this Protocol shall become the Schedule of 
Concessions and Commitments annexed to the General Agreement on Tariffs and Trade 1994 
(hereinafter referred to as the "GATT 1994") and the Schedule of Specific Commitments annexed to 
the GATS relating to the Republic of Yemen.  The staging of the concessions and commitments listed in the Schedules shall be implemented as specified in the relevant parts of the respective Schedules. 
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 Concessions and Commitments annexed to this Protocol shall be the date of entry into force of this Protocol. WT/ACC/YEM/42 
 
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  PART III - FINAL PROVISIONS 
7. This Protocol shall be open for acceptance, by signature or otherwise, by the Republic of 
Yemen until 2 June 2014 or such later date as may be decided by the Ministerial Conference. 
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 paragraph 7 to each Member of the WTO and to the 
Republic of Yemen.   
10. This Protocol shall be registered in accordance with the provisions of Article 102 of the Charter 
of the United Nations.   
 Done at […] this [...] day of [...] in a single copy in th e 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 Working Party Report is authentic in English only. 
_______________ WT/ACC/YEM/42 
 
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  ANNEX 
SCHEDULE CLXIX - THE REPUBLIC OF YEMEN 
Authentic only in the English language. 
(Circulated in document WT/ACC/YEM/42/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/42/Add.2) 
__________