WT/REG259/2  
17 June 2014  
(14-3513)  Page: 1/2  
Committee on Regional Trade Agreements  Original: English/Spanish  
 
  FREE TRADE AGREEMENT BETWEEN THE UNITED STATES AND OMAN 
(GOODS AND SERVICES) 
QUESTIONS AND REPLIES 
 The following communication, dated 13 June 2014, is being circulated at the request 
of the delegations of the United States and Oman.  
_______________ 
   This document reproduces the questions addressed to the Parties and the responses 
submitted. 
 Questions from the delegation of Canada 
 1.1.  Paragraph 1.1; footnote 2. The report states that the Agreement represented, 
at the time, Oman's first bilateral FTA without its GCC partners and with 
a non-Middle Eastern country. The footnote  to this sentence further states 
that Oman is negotiating several other FT As together with its GCC counterparts 
with European and Asian countries. 
 Could Oman please provide additional information on the GCC's FTA negotiating 
agenda? 
  The issue of GCC's FTA negotiating agenda is under active consideration by the GCC 
and we expect a decision to be taken shortly. 
 1.2.  Paragraph 5.16. The Agreement covers proc urement of goods, services or both 
(except measures excluded from the scope of  the Agreement) by any contractual means 
with a value equal to or exceeding thresh olds specified in Annex 9. Annex 9 lists 
the central level government entities that are covered by the Agreement. 
 Could the United States confirm that their sub-central government 
entities (i.e. States) are not covered under the government procurement chapter 
of this Agreement?  
 Sub-central procurement is not covered under the US-Oman FTA. 
 1.3.  Table 5.3 of the Factual Presentation states that while not being a Party to the GPA, 
Oman is currently negotiating accession. The WTO Committee on Government 
Procurement records show that the most re cent consideration of Oman's application 
took place in 2003. 
 Could Oman indicate when it intends to resume its GPA accession process? 
 
 Oman is in the process of examining the preparation for initiating accession to the Government Procurement Agreement. 
 WT/REG259/2 
- 2 - 
  Questions from the delegation of the European Union 
 
Customs-related procedures 
 
1.4.  According to the report, in the case of Oman, the right of appeal for importers 
is governed by Article 163 of the GCC Common Customs Law. 
a. Could the Parties submit more details on this specific aspect? 
 Judgements of the first instance customs court may be appealed before an ad hoc court 
formed under the legal instrument applicable in each GCC Member State. The court shall try the actions brought to it and shall take its decision by  majority. The period of appeal shall be 30 days 
from the date of notification of the first in stance judgement by default and from the date 
of pronouncement of the judgement in presence of the litigation. 
 
b. More in general, could the Parties clar ify whether there are other provisions 
in the Agreement that refer to th e dispositions set by the GCC Common 
Customs Law? 
The US-Oman FTA does not have any provisions relating to customs administration that 
refer to the GCC Common Customs law or dispos itions set by the GCC Common Customs Law. 
 1.5.  In particular, the factual presentation  does not mention that, being Oman 
is a member of the GCC Customs Union, it applies the GCC's principle 
of single-point-of-entry. 
This considered, could the Parties elabor ate on how the US-Oman FTA is reconciled 
with the GCC customs union and single market , i.e. how the provisions of the Agreement 
are being implemented for goods that are being traded with other GCC member states 
considering the GCC Customs Union's principle of single-point-of-entry and the principle 
of free circulation of goods? 
 
 In view of the fact that the US-Oman FTA is a bilateral agreement, US goods that are being traded with other GCC member states are levied the normal customs duties applicable under the GCC unified customs duties in cases where they are transferred from Oman to any other 
GCC member state. 
 Question from the delegation of Peru
1 
 1.6.  Why did the United States and Oman not consider including 
provisions on competition like in other region al trade agreements negotiated and signed 
by the Parties? 
Each of the trade agreements signed by the United States is a product of negotiations which 
occur between the Parties to the agreement and the inclusion or exclusion of any provisions reflect those negotiations. 
 
__________ 
                                               
1 Questions were submitted to the Parties on 28 May 2014 (three weeks, five days before the meeting).