WT/DS526/2  
 
12 October 2017  
(17-5514) Page: 1/7 
  Original: English  
 
UNITED ARAB EMIRATES  – MEASURES RELATING TO  TRADE IN GOODS AND S ERVICES, 
AND TRADE -RELATED ASPECTS OF I NTELLECTUAL PROPERTY  RIGHTS  
REQUEST FOR THE ESTA BLISHMENT OF A PANEL  BY QATAR  
The following communication, dated 6 October 2017 , from the delegation of Qatar  to the 
Chairperson of the Dispute Settlement Body, is circulated pursuant to Article 6.2 of the DSU.  
 
_______________  
 
 
1. On 31 July 2017, the State of Qatar ("Qatar") requested consultations with the United Arab 
Emirates ("UAE") pursuant to Article 4 of the Understanding on Rules and Procedures Governing 
the Settlement of Disputes ("DSU"), Article XXIII of the General Agreement on Tariffs and Trade 
1994 ( "GATT 1994 "), Article XXII I of the General Agreement on Trade in Services  ("GATS "), and 
Article 64.1 of the Agreement on Trade -related Aspects of Intellectual Property Rights 
("TRIPS  Agreement "). The request concerned all measures taken  in the context of coercive 
attempts at economic isolation imposed by the UAE  against Qatar . 
2. On 10 Au gust 2017, Qatar received a communication from the Chairman  of the Dispute 
Settlement Body ( "DSB") covering a communication from the UAE, stating that the UAE would not 
engage in consultations with Qatar.  As a result of the  UAE's refusal to engage in cons ultations 
with Qatar, the  dispute has not been resolved.  
3. Therefore, Qatar requests, pursuant to Articles 4.7 and 6 of the DSU, Article XXIII of the 
GATT 1994, Article XXIII of the GATS and Article 64.1 of the TRIPS Agreement , that the DSB 
establish a panel  to examine the matter referred to the DSB by Qatar in this document, with the 
standard terms of reference provided by  Article 7.1 of the DSU.  
4. In the following sections, Qatar identifies the specific measures at issue and provides a brief 
summary of the le gal basis of the complaint sufficient to present the problem clearly.  
A. Measures at issue  
5. The measures at issue in this request include all written and unwritten, published and 
unpublished measures adopted in the context of coercive attempts at economic isol ation imposed 
by the UAE  against Qatar.  The measures individually and  collectively affect trade in goods, trade 
in services and trade -related aspects o f intellectual property rights.  
6. In respect of goods , the coercive attempts at economic isolation entail  acts and/or omissions 
through which the UAE  bans, prohibits  or otherwise restricts the import, export, sale, purchase, 
license, transfer, receipt and shipment of goods originating in, transiting through , towards or from , 
or destined for  Qatar . 
7. In respect of services , the coercive attempts at economic isolation  entail acts and/or 
omissions through which the UAE  bans or otherwise restricts  Qatari nationals from travelling to 
and remaining in the UAE  in order to provide services, as well as bans or other restrictions on the 
provision of services by Qatari service suppliers establish ed in the UAE . They include bans  or other 
restrictions  on the supply of (digital and other) services from Qatar to consumers of the UAE  as 
well as prohibitions or restr ictions on nationals of the UAE  to travel to and remain in Qatar in ord er 
to consume Qatari services.  WT/DS526/2  
 
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  8. In respect of trade -related aspects of intellectual property rights , the coercive attempts at 
economic isolation entail interference with intellectual pro perty rights enjoyed by nationals of 
Qatar.  Specifically, these measures include prohibitions or restrictions on displaying and accessing 
television content over which Qatari nationals hold copyrights and related broadcasting rights.  
They also include ac ts or omissions that limit or make it impossible for Qatari nationals to access 
civil judicial procedures, or to seek remedies, in respect of infringement of intellectual property 
rights owned by, or licensed to, them. Additionally, these measures include omissions to prosecute 
as a criminal violation commercial scale piracy of materials in which copyrights are owned by, or  
licensed to, Qatari nationals.  
9. Without limiting the scope of the general description of the measures in the preceding 
paragraph s, the m easures at issue include the following specific acts and /or omissions:  
(i) the UAE 's (a) closure of  its maritime borders with Qatar and its land borders for 
Qatari individuals; and (b)  prohibitions or restrictions on Qatari aircraft from 
accessing its airspace ; 
(ii) the UAE 's prohibitions  or restrictions  on entry into its ports of ( a) ships owned by 
Qatar , Qatari individuals  or Qatari companies ; and ( b) ships bearing the Qatari 
flag;  
(iii) the UAE 's prohibition s or restrictions  on the discharge  and/or loading  in UAE  ports 
of any goods shipped from Qatar;  
(iv) the UAE 's prohibitions or restrictions on the discharge and/or loading in UAE ports 
of any goods destined for Qatar;  
(v) the UAE 's prohibition s or restrictions  on flights to and from the UAE  operated by 
aircraft registered in Qatar;  including the prohibition on aircraft registered in Qatar 
landing at airports in the UAE;  
(vi) the UAE 's closure of Qatari service suppliers ' offices in the UAE and/or refusal to 
renew Qatari service suppliers ' license s to provide services in the UAE ;  
(vii) the UAE 's blocking  of access to Qatari service suppliers ' websites in the UAE ;  
(viii)  the UAE 's remov al of Qatari service suppliers ' audio -visual channels from tourist 
facilities  in the Emirate of Abu Dhabi and in the Emirate o f Sharjah ;  
(ix) the UAE's prohibit ions or restrictions  on the broadcasting and distribution of Qatari 
service suppliers ' media content in  commercial establishments , and operation of 
Qatari service suppliers in the media sector,  in the Emirate of Abu Dhabi;  
(x) the UAE's unilateral suspension of the handling of international mail items and 
parcels originating from or designated to Qatar Postal Services Company; and , 
(xi) the UAE 's omission to  publish certain measures of general application imposing the 
coercive attempts at economic isolation described in the paragraphs above.  
(xii) the UAE 's acts and omissions that make it impossible, or unduly difficult, for Qatari 
nationals to access civil judicial remedies, or to seek remedies, in respect of 
enforcement of intellectual prope rty rights, including copyrights, broadcasting 
rights, trademarks and other forms of intellectual property rights;  
(xiii)  the UAE 's omission to prosecute, as a criminal violation, piracy on a commercial 
scale, of material in which copyright is owned by, or licens ed to, Qatari nationals.  
B. Legal bases of the complaint  
10. Qatar considers that the measures at issue taken by the UAE, as described in Section A of 
this request, are inconsistent with the UAE 's obligations under the WTO covered agreements.   WT/DS526/2  
 
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  11. First, certain of the measures at issue contravene provisions of the GATT 1994.  Specifically, 
certain measures violate:  
(a) Article I:1 of the GATT 1994 , because, through the:  
 
- land and maritime border and airspace closure by the UAE;  
 
- prohibitions or restrictions on entry into UAE ports of (i) ships owned by Qatar, 
Qatari individuals or Qatari companies; and (ii) ships bearing the Qatari flag;  
 
- prohibition on the landing of Qatari aircraft at airports in the UAE;  
 
- prohibitions or restrictions on the d ischarge and/or loading in UAE ports and 
airports of any goods transported from Qatar; and,  
 
- prohibitions or restrictions on the discharge and/or loading in UAE ports and 
airports of any goods destined for Qatar;  
 
the UAE fails to accord immediately and u nconditionally to like products originating 
in, or destined for, Qatar relevant advantages, favours, privileges or immunities 
that are granted by the UAE to products originating in, or destined for, other 
countries;  
 
(b) Article V:2 of the GATT 1994 , because, through the:  
 
- land and maritime border and airspace closure by the UAE;  
 
- prohibitions or restrictions on entry into UAE ports of (i) ships owned by Qatar, 
Qatari individuals or Qatari companies; or (ii) ships bearing the Qatari flag;  
 
- prohibition on the l anding of Qatari aircraft at airports in the UAE;  
 
- prohibitions or restrictions on the discharge in UAE ports and airports of any 
goods transported from Qatar;  
 
- prohibitions or restrictions on the loading in UAE ports and airports of any 
goods destined fo r Qatar,  
 
the UAE denies freedom of transit through the territory of the UAE, via the routes 
most convenient for international transit, for traffic in transit to or from the 
territory of Qatar, and makes distinctions based on the flag of vessels and/or place 
of registration of aircraft, the place of origin, departure, entry, exit or destination 
or on circumstances relating to the ownership of goods, vessels or of other means 
of transport;  
 
(c) Article X:1 and X:2 of the GATT 1994 , because, by:  
 
- failing to pu blish measures that entail requirements, restrictions or prohibitions 
on imports and exports from Qatar or that affect the sale, distribution, 
transportation or use of such imports and exports; and,  
 
- enforcing such measures prior to publication,  
 
the UAE fails to comply with the obligations under these provisions;  
 
(d) Article XI:1 of the GATT 1994 , because, through the:  
 
- land and maritime border and airspace closure by the UAE;  
 
- prohibitions or restrictions on entry into UAE ports of goods from Qatar shipped  
by (i) ships owned by Qatar, Qatari individuals or Qatari companies, or (ii) 
ships bearing the Qatari flag;  WT/DS526/2  
 
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- prohibition on the landing of Qatari aircraft at airports in the UAE;  
 
- prohibitions or restrictions on the discharge in UAE ports and airports of any 
goods transported from Qatar; and,  
 
- prohibition or restrictions on the loading in  UAE ports and airports of any 
goods destined for Qatar,  
 
the UAE institutes or maintains prohibitions or restrictions, other than duties, taxes 
or other charges, on the  importation of products of the territory of Qatar, and on 
exportation of products to the territory of Qatar;  and 
 
(e) Article XIII:1 of the GATT 1994 , because, through the:  
 
- land and maritime border and airspace closure by the UAE;  
 
- prohibitions or restricti ons on entry into UAE ports of (i) all ships owned by 
Qatar, Qatari individuals or Qatari companies; or (ii) ships bearing the Qatari 
flag;  
 
- prohibition on the landing of Qatari aircraft at airports in the UAE;  
 
- prohibition and restriction on the discharg e in UAE ports and airports of any 
goods transported  from Qatar; and,  
 
- prohibition and restriction on the loading in UAE ports and airports of any 
goods destined for Qatar,  
 
the UAE applies prohibitions or restrictions on the importation of products of the 
territory of Qatar, and on the exportation of products destined for the territory of 
Qatar, without any corresponding prohibitions or restrictions on the importation of 
the like product of any other countries or the exportation of  the like product to or 
from any other countries being similarly prohibited or restricted.  
 
12. In addition to, and independently of, the multiple violations of obligations under the 
GATT  1994 identifie d above, Qatar considers that benefits accruing to Qatar directly and indirectly 
under the GATT 1994 are being nullified and impaired as a result of the  
13. application of the measures identified above, within the meaning of Article XXIII:1(b) of the 
GATT 199 4.  
14. Second , certain of the measures at issue contravene provisions of the GATS.  Specifically, 
certain measures violate:  
(f) Article II:1 of the GATS , because, by:  
 
- prohibiting or restricting (i) Qatari persons, vessels, vehicles, and aircraft from 
crossing maritime borders with the UAE, or entering the UAE via land or 
airspace; and (ii) persons from the UAE crossing maritime borders with Qatar, 
or entering Qatar via airspace or land, which prevents Qatari service suppliers 
from supplying services;  
 
- prohibiti ng or restricting (i) ships owned by Qatar, Qatari individuals, or Qatari 
companies; and (ii) ships bearing the Qatari  flag, from entering UAE ports, 
which prevents Qatari service suppliers from supplying services;  
 
- prohibiting or restricting the discharg e in UAE ports of any goods transported 
from Qatar, which prevents Qatari service suppliers from supplying services;  
 
- prohibiting or restricting the loading in UAE ports of any goods destined for 
Qatar, which prevents Qatari service suppliers from supplyin g services;  WT/DS526/2  
 
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- prohibiting or restricting aircraft registered in Qatar from operating flights to 
and from the UAE, including prohibiting landing (and discharging) of Qatari 
aircraft at airports in the UAE, which prevents Qatari service suppliers from 
supplyi ng services;  
 
- prohibiting or restricting Qatari service suppliers from providing services from 
their office(s) in the UAE;  
 
- prohibiting or restricting Qatari service suppliers from  obtaining and/or 
renewing a license  to provide  services in the UAE ; 
 
- prohib iting or restricting Qatari service suppliers from providing services in the 
UAE and/or to persons from the UAE through their website;  
 
- prohibiting or restricting Qatari service suppliers from providing services, such 
as audio -visual services, in parts of the UAE, such as in tourist facilities and 
commercial establishments, and/or to persons from the UAE; and,  
 
- prohibiting or restricting Qatari service suppliers, such as Qatar Postal Services 
Company, from providing services in relation to mail items that are origina ting 
from or designated to Qata  
the UAE fails to accord immediately and unconditionally to Qatari services and/or 
service suppliers, in a variety of services sectors and through multiple modes of 
supply, treatment no less favourable than that it  accords to like services and/or 
service suppliers of any other country;1 
 
(g) Articles III:1 -2 and III:3 of the GATS , because, by:  
 
- failing to promptly publish, or make otherwise available, relevant measures 
pertaining to or affecting the operation of the GAT S; and,  
 
- failing to promptly inform the Council for Trade in Services of the introduction 
of, or changes to, measures that significantly affect trade in services covered 
by the UAE 's specific commitments under the GATS,  
  
the UAE violates the transparency obligations enshrined in Article III:1 to 
Article  III:3 of the GATS;  and 
 
(h) Article XVI of the GATS , because, by:  
 
- banning or restricting (i) Qatari persons, vessels, vehicles, and aircraft from 
crossing maritime borders wit h the UAE, or entering the UAE via land or 
airspace; and (ii) persons from the UAE crossing maritime borders with Qatar, 
or entering Qatar via land or airspace, which prevents Qatari service suppliers 
from supplying services;  
 
- banning or restricting  (i) a ll ships owned by Qatar, Qatari individuals or Qatari 
companies; and (ii) all ships bearing the Qatari flag, from entering UAE ports, 
which prevents Qatari service suppliers from supplying services;  
 
- banning or restricting aircraft registered in Qatar from  operating flights to and 
from the UAE, including prohibiting landing (and discharging) of Qatari aircraft 
at airports in the UAE, which prevents Qatari service suppliers from supplying 
services; and,  
 
                                                
1 The UAE  does not appear to have scheduled relevant exemptions in the sense of Article II:2 of the 
GATS.   See GATS/EL/ 121, 2 April 1996 , United Arab Emirates , Final List of Article II (MFN) Exemptions, p. 1. WT/DS526/2  
 
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  - banning or restricting Qatari service suppliers, such as Qatar Postal Services 
Company, from providing services in relation to mail items that are originating 
from or designated to Qatar,  
 
the UAE unduly restricts market access for Qatari services and/or service suppliers, 
thereby according treatment that is less favourable than that provided for under 
the terms, limitations, and conditions agreed and specified in the UAE 's schedule of 
specific commitments.  
 
15. The UAE thus fails to carry out its obligations and/or specific commitments under the GATS 
within the m eaning of Article XXIII:1 of the GATS.  
16. In addition to, and independently of, the multiple violations of obligations under the GATS 
identified above, the measures nullify or impair benefits that Qatar could reasonably have 
expected to accrue to it under the  UAE's specific commitments under the GATS within the meaning 
of Article XXIII:3 of the GATS.  
17. Third, certain measures contravene provisions of the TRIPS Agreement .  Specifically, certain 
measures violate:  
(i)  Article 3.1 of the TRIPS Agreement , because, by:  
 
- making it impossible for Qatari owners of, and licensees to, copyrights, 
broadcasting rights, trademarks and other forms of intellectual property to 
enforce their intellectual property rights against licensees, sub -licensees and 
third parties; and  
 
- otherw ise making it impossible for Qatari owners of copyrights, broadcasting 
rights, trademarks and other forms of intellectual property, and their licensees, 
to use those intellectual property rights in the territory of the UAE,  
 
the UAE fails to accord to the  nationals of Qatar treatment no less favourable than 
that which the UAE accords to its own nationals with regard to the protection of 
intellectual property ; 
 
(j) Article 4 of the TRIPS Agreement , because, by:  
 
- making it impossible for Qatari owners of, and licensees to, copyrights, 
broadcasting rights, trademarks and other forms of intellectual property to 
enforce their intellectual property rights against licensees, sub -licensees and 
third parties; and,  
 
- otherwise making it impossible for Qatari owners of c opyrights, broadcasting 
rights, trademarks and other forms of intellectual property, and their licensees, 
to use those intellectual property rights in the territory of the UAE,  
 
the UAE fails to accord, immediately and unconditionally, to the nationals of Qatar, 
advantages, favours, privileges and immunities granted by the UAE to the 
nationals of other countries with regard to the prot ection of intellectual property;  
 
(k) Article 41.1 of the TRIPS Agreement , because , by: 
 
- making it impossible for Qatari owners of, and licensees to, copyrights, 
broadcasting rights, trademarks and other forms of intellectual property to 
enforce their intellectual property rights against licensees, sub -licensees and 
third parties,  
 
the UAE fails to ensure that enforcement procedure s as specified in Part III of the 
TRIPS Agreement are available under its law so as to permit effective action 
against any act of infringement of intellectual property rights owned by, or licensed 
to, Qatari nationals, including expeditious remedies to pre vent infringements and 
remedies which constitute a deterrent to further infringements ;  WT/DS526/2  
 
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  (l) Article 42 of the TRIPS Agreement , because , by: 
 
- making it impossible for Qatari owners of, and licensees to, copyrights, 
broadcasting rights, trademarks and other form s of intellectual property to 
enforce their intellectual property rights against licensees, sub -licensees and 
third parties,  
 
the UAE fails to make available to right holders of Qatari nationality, civil judicial 
procedures concerning the enforcement of in tellectual property right covered by 
the TRIPS Agreement ; and,  
 
(m) Article 61 of the TRIPS Agreement , because the UAE fails to provide for criminal 
procedures and penalties to be applied in cases of copyright piracy on a 
commercial scale, where the copyrights  are owned by, or licensed to, Qatari 
nationals.  
 
*****  
 
18. This request for establishment of a panel also concerns any modification, replacement or 
amendment to the measures identified above, and any closely connected, subsequent measures.  
19. Qatar asks that this request be placed on the agenda for the meeting of the DSB scheduled 
to take place on 24 October 2017.  
 
__________