RESTRICTED  WORLD TRADE  
ORGANIZATION  WT/ACC/YEM/26 
6 April 2009 
 (09-1682) 
Working Party on the 
Accession of Yemen Original:   English 
 
 
 
ACCESSION OF YEMEN 
 
Additional Questions and Replies  
 
 
 The following submission, dated 17 March 2009, is being circulated at the request of the 
Delegation of the Republic of Yemen.   
_______________  WT/ACC/YEM/26 
 Page i 
 
 
TABLE OF CONTENTS  
II. ECONOMIC POLICIES..........................................................................................................1  
- Investment Regime.............................................................................................................. ......1  
IV. POLICIES AFFECTING TRADE IN GOODS .....................................................................4  
- Trading Rights ................................................................................................................. .........4  
A. IMPORT REGULATIONS......................................................................................................7  
- Ordinary cust oms duties ........................................................................................................ ..7 
- Other duties and charges....................................................................................................... ...8 
- Fees and charges for services rendered...................................................................................9  
- Quantitative import restrictions, includi ng prohibitions, quotas and licensing 
systems ........................................................................................................................ ...............9  
- Customs valuation.............................................................................................................. .....16  
B. EXPORT REGULATIONS ...................................................................................................18  
- Export subsidies ............................................................................................................... .......18  
C. INTERNAL POLICIES A FFECTING FOREIGN TRADE IN GOODS .........................19  
- Industrial policy, including subsidies....................................................................................19  
- Technical barriers to trade, standards and certification.....................................................19  
- Trade-related investment measures ......................................................................................25  
V. TRADE-RELATED INTELLECTUAL  PROPERTY REGIME.......................................26  
- SUBSTANTIVE STANDARDS OF PROTECTION, INCLUDING 
PROCEDURES FOR THE ACQUISITION AND MAINTENANCE OF 
INTELLECTUAL PROPERTY RIGHTS ...........................................................................26  
- Copyright and related rights..................................................................................................2 6 
- Trademarks, including  services marks .................................................................................28  
- Geographical indications, including appellations of origin.................................................28  
- Industrial designs............................................................................................................. .......29  
- Patents........................................................................................................................ ..............31  
 
  WT/ACC/YEM/26 
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 II. ECONOMIC POLICIES 
- Investment Regime Question 1 With respect to Yemen's reply to Question 2 of WT/ACC/YEM/23 on investment incentives, 
Yemen notes that its "incentives are general in  nature and do not target a certain industry". 
However, please note that under Articles 3.1(a)  and 3.1(b) of the SCM Agreement, subsidies 
which are contingent upon exports or the use of domestic over imported goods are deemed to be 
"specific" (see Article 2.3). 
Answer:
 
Noted. Question 2 With respect to Yemen's reply to Question 3 of WT/ACC/YEM/23, Yemen notes that it is 
seeking general flexibility to allow the introduction  of subsidy programmes in the future, should 
the need arise.  
We appreciate Yemen's desire for flexibility.  Howe ver, Yemen must first recognize that aspects 
of Yemen's Investment Law and, perhaps Re publican Decree of Law No. 127, authorize the 
provision of subsidies that are contingent upon export performance or the use of domestic over 
imported goods.  The general rule for these type s of subsidies is that they are prohibited under 
Article 3 of the SCM Agreement.  In addition, under Article 25 of the SCM Agreement, all "specific" subsidies must be notified. 
Answer:
 
Yemen is commited to notify its subsidy programmes to the Committee on Subsidy and 
Countervailing Measures in accordance with Article 25 of the SCM Agreement upon entry into force 
of Yemen's Protocol of Accession. 
Question 3 
We remain concerned that Yemen's Investment Law No. 22 of 2002 continues to provide 
incentives that are contingent upon export perf ormance or the use of domestic over imported 
goods, as noted in Articles 21.1(c) and 26 of the Investment Law.  
We would encourage Yemen to examine the need for export subsidies, as alternative economic 
development policies are available that are capable of achieving similar or superior results in 
the long term. 
Answer:  
Yemen reiterates its request, as an LDC, to have recourse to the Special and Differential Treatment 
accorded to LDCs, including Article 27.2.  WT/ACC/YEM/26 
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 Question 4 
For those aspects of the Investment Law that appe ar to be contingent upon the use of domestic 
over imported goods, could Yemen please explain whether it intends to request a transition 
period and provide the Working Party with an Action Plan for the elimination of such subsidies within that period by a date certain, e.g., no la ter than 31 December 2015, consistent with the 
provisions of the SCM Agreement and the Declaration on LDC Accessions? 
Answer:
 
Yemen is requesting a transitional period until 2015 in accordance with the Action Plan for 
eliminating the local content subsidies (WT/ACC/YE M/27) in line with flexibilities provided to LDCs 
in the WTO instruments.  
Question 5 Lastly, please note that all of Yemen's "specific" subsidies under Article 25 of the 
SCM Agreement must be notified.  
Answer:
 
Please refer to answer to Question 2. Question 6 With respect to Yemen's reply to Question 4 of WT/ACC/YEM/23, Yemen confirms that  spare 
parts are exempted from customs if they are with in 10 per cent of the value of exempted fixed 
assets.  Tourism buses, ships for transportation  or fishing and other means of transport are 
exempted if they form integral part of the investment project.  Production inputs are also 
exempted for fishery and agriculture projects 100 per cent while inputs to other industries are 
exempted from 50 per cent of custom duties.  
We note that under Annex II and III of the SCM Agreement, these aspects of the programme 
appear to constitute export subsidies. 
Answer:
 
Please refer to answer No. 3. Question 7 With respect to Yemen's reply to Question 5 of WT/ACC/YEM/23, Yemen reiterates its belief 
that there are currently no multilateral rules on investment in the WTO.  
Subsidies provided pursuant to a Member's investme nt regime are subject to the rules of the 
SCM Agreement. 
Answer:
 
Noted.  WT/ACC/YEM/26 
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 Question 8 
In response to Question 6 of WT/ACC/YEM/23, Yemen notes that paragraph (f) of Article 18 of 
the Investment Law means that "in the case where  there is local production of certain item, the 
authority shall take into account not awarding exemption from tax and custom duty to investor 
to import such a product as the need can be fulfilled from the local production, provided the 
local production suits the project requirements."  
Because the referenced exemptions from tax and customs duties are contingent upon the use of 
domestic over imported goods, they  appear to be prohibited and will need to be notified and, 
eliminated or phased out, consistent with the provisions of the SCM Agreement and the Declaration on LDC Accessions, as discussed above. 
Answer:
 
Please refer to answers No. 2 and 4. 
Question 9 
In reply to Question 9 of WT/ACC/YEM/23, Yemen notes that the "local component" of fixed 
assets is the assets that  are produced locally. 
It appears that Article 21(c) of the Investment  Law states that exemptions provided for in 
paragraph 1 of Article 1 shall be extended for an additional two years if certain criteria are met, 
one of which is if the "proportion of the local component of fixed assets exceed 25 per cent of the total value of the project's total fixed assets…"  Further, Yemen's response, above, explains that 
it considers "local component" of fixed assets to mean assets that are produced locally.  As such, 
it appears that this provision provides subsid ies contingent upon the use of domestic over 
imported goods. 
Could Yemen please confirm whether this understanding is correct?   If so, Article 21(c) of the Investment Law appe ars to be a subsidy contingent upon the use of 
domestic over imported goods. Therefore, this programme seems to be inconsistent with 
Article 3.1(b) of the SCM Agreement and must be  eliminated or phased out consistent with the 
provisions of the SCM Agreement and the Declaration on LDC Accessions, as discussed above, 
as well as notified. 
Answer:
 
Please refer to answers No. 2 and 4. 
Question 10 
Paragraph 24 of WT/ACC/SPEC/YEM/4:  Could Yeme n please indicate the timing of its review 
of its Investment Law, and the consideration give n to the request to eliminate the discriminatory 
tax exemption applied only to investment projec ts with at least 25 per cent equity owned by 
Yemeni nationals? 
Answer:  
The review of the Investment Law is underway and should be concluded within the year 2009 and 
consideration is given to all articles that app ear to be inconsistent with WTO agreements. WT/ACC/YEM/26 
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 IV. POLICIES AFFECTING TRADE IN GOODS 
- Trading Rights Question 11 We appreciate Yemen's submission of an initial Action Plan for Implementing Trading Rights 
Commitments.  We request that Yemen please update  this action plan to provide greater detail 
on: 
- The specific legislation that will be amende d or enacted to bring its trading rights 
regime into line with the WTO requirements of Article III and Article XI of the 
GATT 1994; 
- The specific changes that are envisioned in these amendments or new legislation and 
how they will be in conformity with WTO requirements; and 
- When these changes will be implemented. 
We note that in document WT/ACC/SPEC/YEM/4, Elements of a Draft Report, Yemen explains 
in paragraph 54 that commercial registration  requirements for imports are contained in 
Decision No. 314/1996, and that there are al so registration requirements for exporters. 
What specific changes will Yemen make to Decisi on No. 314/1996 to bring this legislation into 
conformity with its WTO obligations? 
Answer:
 
As shown in the Action Plan (WT/ACC/YEM/24/Rev.1), Yemen is still in the process of identifying 
an alternative registration system to fulfil the trad ing rights commitments.  Thus, the outcomes of this 
examination of possible options will reveal the actions  to be taken i.e. the laws to be amended, the 
regulations to be established etc.  Please refer to the Action Plan for details on what legislations are 
already identified to be amended to comp ly with the Trading Rights commitment. 
Question 12 
As Decision No. 314/1996 address only imports, what regulation or legislation governs the 
registration for exporters?  Could Yemen pl ease provide this documentation to the 
Working Party for review? 
Answer:  
Registration requirements for exporters are the same as those for importers in accordance to Decision 
No. 314/1996.   
Question 13 
Paragraph 55 of document WT/ACC/SPEC/YEM/4,  Elements of a Draft Report, notes the 
following requirements for importers and export ers: 1. individual traders or natural persons 
must provide a copy of their Yemeni ID card or passport; proof of fixed premises in Yemen; and possession of a municipal commercial licence to register to import; and 2. commercial 
companies are required to submit a copy of thei r Articles of Association, and the memorandum 
of association (for joint stock companies).  WT/ACC/YEM/26 
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 What legislation contains these requirements, and how will these requirements be amended to 
conform with Yemen's WTO obligations? 
Answer:  
Decision No. 314/1996 contains these requirements.  Once an alternative system for registering 
importers and exporters without being locally presente d is identified, the decision will be amended to 
reflect the new conditions for registration.  
Question 14 
While paragraph 55 of WT/ACC/SPEC/YEM/4 ex plains the registration requirements for 
importers, we request that Yemen please expl ain the registration requirements for exporters, 
for both individual traders and commercial companies.   
Answer:  
Registration requirements for exporters are the same as those for importers in accordance to Decision 
No. 314/1996.   
Question 15 
Paragraph 57 of document WT/ACC/SPEC/YEM/4,  Elements of a Draft Report, notes that 
non-resident entities are not permitted by law to register as an importer of record. 
What legislation, in addition to Decision No . 314/1996, prohibits non-residents from registering 
as an importer of record?   
Please provide the additional legislation, if any. 
Answer:  
Article 11 of the Commercial Registration Law requi res that importers be locally present, thus, 
de facto  prohibits non-residents from registration as an impor ter of record.  A copy of the non-official 
translation of the article is available for consultation (see WT/ACC/YEM/26/Add.1). 
Question 16 
What steps is Yemen taking to bring its legislat ion that prohibits non-residents from registering 
as an importer of record into conformity with its WTO obligations?   
Answer:  
Yemen is studying and examining what system coul d be adapted to allow non-residents to practice 
importation without having to be locally represented.  Thus, once a system is identified, steps will be 
taken to amend the legislation so as to meet th is commitment in accordance to the submitted Action 
Plan and the transitional period requested. 
Question 17 
Please include this information in the Trading Rights Action Plan. WT/ACC/YEM/26 
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 Answer:
 
Please refer to the Action Plan in document WT/ACC/YEM/24/Rev.1. 
Question 18 
Paragraph 57 of WT/ACC/SPEC/YEM/4 states th at a foreign company wishing to engage in 
import operations needs to establish a Yemeni  company in which the foreign share does not 
exceed 49 per cent, or appoint an agent based in Ye men.  Paragraph 59 explains that Article 28 
of the Commercial Law has been amended to el iminate the 49 per cent cap on the foreign share 
in a trading enterprise, and thereby allows fo reigners to establish a trading company without a 
Yemeni partner.   
While the 49 per cent maximum foreign equity share requirement has been eliminated, it 
appears that the requirement to establish lo cal presence still remains.  Could Yemen please 
verify if this is correct? 
Answer:  
Yes, this is correct for the time being.  However,  Yemen is in the process of establishing a system of 
allowing importers to register without being locally present.  Please refer to the Action Plan for 
implementing Trading Rights Commitment (WT/ACC/YEM/24/Rev.1).  
Question 19 
What legislation, in addition to Decision No. 314/1996, requires a foreign company to maintain 
local presence to engage in import and export operations?  Does the Co mmercial Law contain 
this requirement? 
Please provide any additional legislation with the requirement to maintain local presence to 
engage in import and export operations, if any.   
Answer:  
Article 11 of the Commercial Registrar Law requires th is.  A non-official translation of the article is 
available for consultation (see WT/ACC/YEM/26/Add.1).   
Question 20 
What steps is Yemen taking to bring its legislat ion that requires a foreign company to maintain 
local presence to engage in import and export  operations into conformity with its WTO 
obligations?   
Please include this information in the Trading Rights Action Plan. 
Answer:  
Please refer to the Action Plan for Implementing th e Trading Rights Issue (WT/ACC/YEM/24/Rev.1). 
Question 21 Do foreign companies wishing to engage in import  operations need to appoint an agent based in 
Yemen?    WT/ACC/YEM/26 
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 Answer:  
Foreign companies wishing to engage in import ope rations need not to appoint an agent based in 
Yemen as they can import via any locally established companies.   
Question 22 
If yes, what legislation contains this requirement ?  Please submit this legislation to the Working 
Party if it has not already been submitted.   
Answer:  
Please refer to answer to Question 21. 
Question 23 
Paragraph 59 notes that Yemen is in the proce ss of revising the registration fees for importing 
or exporting.   
We request that Yemen please make a commitmen t that the registration fees for importers and 
exporters reflect the cost of the services rende red and that these fees will conform to WTO 
requirements by Yemen's date of accession.  
Answer:  
Yemen is currently reviewing all fees for services re ndered to bring them in conformity with WTO 
rules.  Thus, fees for registering importers and exporters  are going to be dealt with within this context.  
Question 24 
Paragraphs 54 to 60 of WT/ACC/SPEC/YEM/4:  Yemen has requested an implementation 
period of three years after accession on various me asures relating to trading rights that need to 
be brought into conformity with the WTO Agreement.  Article XI of the GATT is a 
fundamental obligation and it would not be po ssible for us to accommodate this request. 
Answer:  
Yemen urges the Working Party to positively consider  this highly crucial issue for Yemen in order to 
be given enough time to implement Trading Rights commitments in accordance with the attached Action Plan (WT/ACC/YEM/24/Rev.1).  Yemen emph asizes that the transitional period will enable 
the implementation of the commitment in a manner fully consistent with Members' request while 
mitigating the negative consequences that are lik ely to occur should implementation be rushed. 
A. IMPORT REGULATIONS 
- Ordinary customs duties Question 25 Paragraphs 62 and 63 of WT/ACC /SPEC/YEM/4 deal with Yemen's Investment Law insofar as 
that law allows for customs duty to be increased in order to protect local production.  Yemen 
has stated that it will abide by its bound tariffs and relevant WTO rules.  This commitment WT/ACC/YEM/26 
Page 8  
 
 should be reflected in the Working Party Protocol and Article 24 of the Investment Law should 
be amended accordingly.  Is Yemen in ag reement and when will this take place? 
Answer:
 
Yemen reassures its commitment to abide by its fu ture tariff bindings and relevant WTO rules and 
this commitment will be reflected in the Working Party Protocol.  
- Other duties and charges  
Question 26 Paragraph 65 of WT/ACC/SPEC/YEM/4, Elements of a Draft Report, notes that some 
Members encourage Yemen to bind its other duties and charges within the meaning of Article II:1(b) at zero upon accession.  We request that this commitment be reflected in the 
Report. 
Answer:
 
Other duties and charges on imports have been cons olidated into one fee equals 0.25 per cent.  
This fee is bound in the revised goods offer of August 2008 in line with Article II:1(b) of the 
GATT 1994.  Yemen is requesting a five-year transiti onal period after accession to bind this fee at 
zero. 
Question 27 
Paragraphs 64 and 65 of WT/ACC/SPEC/YEM/4: Fees charged for Heritage and Cultural 
Development Fund or Eradication and Adult Learning  Agency would appear to be taxation for 
fiscal purposes, rather than fees and other char ges connected with importation.  Can Yemen 
please respond to this? 
Answer:  
- The fees for Heritage and Cultural Development Fund are collected on imports and domestic 
products according to the Law No. (11) of 2002 on the Establishment of Heritage and 
Cultural Development Fund (YRls 1 per box or Ca rtons, Milk, Juices, Water, soft drinks - 
Domestic / Imported - and YRls 5 per Bride of  cigarettes Domestic / Imported) which is a 
financial resource for the "Heritage and Cultura l Development Fund" aims at contributing to 
the cultural development, documenting and ma intaining heritage through many different 
programmes, projects and activities.  So these fees have been included in Table 9 (Fees on 
Domestic and Imported Products).  The amount of  YRls 1 per package entering by land, sea, 
or airports is also collected (only on imports) according to the above mentioned law.  So it has 
been included in Table 6 (Other Duties and Charges on Imports); 
- The fees for Illiteracy Eradication and Adu lt Learning are collected according to Law 
No. (28) of 1998 on Illiteracy Eradication and Adult Learning.  (YRls 1 per cigarettes pack), 
which is a financial resource to contribute to "Illiteracy Eradication and Adult Learning Agency" that aims at eradicating illiteracy and providing opportunities for adult education.  
So it has been included in Table 6 (Other Duties and Charges on Imports); and 
- Some of these fees are collected through the taxa tion authority.  That is not because they are 
some kind of taxes, but only to assist and facilitate the beneficiary bodies to collect these fees.  WT/ACC/YEM/26 
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 - Fees and charges for services rendered 
Question 28 We note that paragraph 75 of document WT/A CC/SPEC/YEM/4, Elements of a Draft Report, 
contains bracketed language that "within three years from the date of accession" any fees or 
charges would be applied in accordance with  the provisions of the WTO Agreement.   
Please provide additional information on the ob ligations of Article VII of the GATT 1994 that 
Yemen does not believe it can implement by the date of accession. 
Please identify the specific steps that Yemen will ta ke during a transition period to bring its fees 
and charges in line with its WTO obligations.   
Answer:
 
The revision of the fees for services rendered has revealed that several fees are the only major 
resource for some entities to finance their activities an d carry out the tasks entrusted to them.  Thus, 
Yemen stresses the need for a transitional period of three years after accession in order to enable these 
entities to secure alternative financial resources to en able the continuation of their duties as well as to 
make final proposals on these fees and then start th e necessary procedures to am end the legislations to 
comply with WTO rules.  The transitional period is quite crucial especially as the Government is 
facing tremendous difficulty to financially s upport those entities from the public budget.   
Nonetheless, some of the fees for services rendered are being studied and some proposed alternatives 
are now under discussion to comply with Article VIII of the GATT 1994, as follows: 
- Pesticides: Twenty thousand YRls for gr anting permission to import and export plant 
pesticide instead of (the two per thousand of the value of the import of plant pesticides); 
- Fees for Drugs, vaccines, antisep tics, etc. (1 per cent of the value of the invoice), ornamental 
fish and birds put up for trading (2 per cent of the value of the invoice), and dog or cat food (1 per cent of the value of the bill) would be replaced by the following:  
 - Ten thousand YRls per invoice as a fee for quarantine services for drugs, vaccines, 
antiseptics, etc.; and 
 - Seven thousand YRls per invoice as a Fee for quarantine services for ornamental fish 
and birds put up for trading and dog or cat food.  
- The import permit fee (1 per cent for Drugs and medical appliances) would be replaced by the 
following: 
 - US$200 as a fee for services rendered for analyzing and controlling imported and 
locally manufactured drugs for every batc h costing (US$ 10,000) and more or its 
equivalent, and US$100 for each batch costing less than that; and 
 - US$100 as an import permit fee for medical appliances. 
- Quantitative import restrictions, including  prohibitions, quotas and licensing systems 
Question 29 Paragraphs 78 to 88 of WT/ACC/SPEC/YEM/4: We will continue to examine Yemen's 
explanations for prohibited products, but at this stage we consider the list of prohibited WT/ACC/YEM/26 
Page 10  
 
 products to be unnecessarily long and request th at other less restrictive means to achieve the 
desired objectives be considered. 
Answer:
 
Yemen maintains a set of measures to ban prohibite d products such as banning the use and sale of 
them internally in addition to prohibiting their impor tation.  In some cases, there is great difficulty to 
maintain internal measures to ban th e sale of prohibited item.  Therefor e, the best way to prohibit their 
use is to ban them from entering the country.  
Yemen would like to assure the Work ing Party that the lis t of prohibited goods is kept to minimum 
and is fully objective and rational since allowing su ch items to enter the country costs the national 
economy great amounts and jeopardizes the safety and security of people and the environment.  
Therefore, Yemen urges Members to unders tand the need for such measures.   
Question 30 
We appreciate the information provided in pa ragraph 78 of document WT/ACC/SPEC/YEM/4, 
Elements of a Draft Report, which explains that the import ban on coffee and mango and the seasonal restrictions on agricultural products were under review and would conform with WTO 
rules from the date of accession.   
What is the current status of this review?   
Answer:
 
The issue of import ban on coffee and mango and the seasonal restriction is still under review.  
The result of the review will be communicat ed to Working Party as soon as possible.  
Question 31 
Paragraph 86 explains that only Yemeni nati onals can be granted the technical clearance 
needed to import medicines, medical equipmen t, fertilizers, pesticides, books, newspapers, 
audiovisual and other artistic or literary works, and that these requirements were tied to the general requirement that only Yemeni nationals can engage in the right to import and export 
(trading rights).   
Please include specific information in the Trad ing Rights Action Plan on how Yemen will 
change its legislation to allow foreign individuals  and foreign companies to obtain the technical 
clearance needed to import medicines, medica l equipment, fertilizers, pesticides, books, 
newspapers, audiovisual and other artistic or literary works. 
Answer:
 
Please refer to the Action Plan for Implementing Trading Rights Commitment in document 
WT/ACC/YEM/24/Rev.1.  WT/ACC/YEM/26 
 Page 11 
 
 
 Question 32 
Questions on document WT/ACC/SPEC/YEM/4, Elements of a Draft Report, Table 10, List A; 
page 77:  At item 94, Yemen notes that it proh ibits the importation of machinery older than 15 
years.   
Does Yemen prohibit the domestic sale of machinery that is older than 15 years? 
Answer:  
There is no regulation prohibiting domestic circula tion of machinery older than 15 years that are 
already inside the country.  
Question 33 
Additionally, does Yemen distinguish between u sed machinery and machinery that has been 
remanufactured and/or refurbished?  If so, does Yemen permit the importation of 
remanufactured machinery that may contain certai n parts or components that are older than 
15 years? 
Answer:  
Yemen does not permit the importation of remanufactu red machinery that may contain certain parts or 
components that are older than 15 years. 
Question 34 
The HS code for item 91 (ex851892 - listening devi ces) appears to be invalid.  Can Yemen please 
provide the correct HS code? 
Answer:  
The HS code for item 91(listening devices) is ex8518. Question 35 For item 96 (ex 900691 - cameras that show the human body naked), it is our understanding 
that this HS subheading covers camera parts and accessories.  How does Yemen distinguish 
regular cameras and camera parts from th ose that show the human body naked? 
Answer:
 
Regular cameras and cameras and parts are distingui shed from those that show the human body naked 
through examination and inspection. 
Question 36 
Document WT/ACC/YEM/20, Import Licensing  Questionnaire:  Explosives and Fireworks; 
IV. Documentation and other requirements for a pplication for licence, Question 1, page 26:  
What is the justification for Yemen requiring "medical certificates proving the importer's 
fitness and ability to deal with explosives"?  Wh at criteria are used to determine fitness and 
ability?  Who must issue the medical certificate? WT/ACC/YEM/26 
Page 12  
 
 Answer:
 
Due to the hazards associated w ith dealing with explosives and for preserving the public security, it is 
required that the person who deals with explosives has a medical certificate that proves his fitness and 
ability to deal with explosives and that he is not incapacitated by physical or mental disability. 
The medical certificate should be issued and approved  officially by one of the Government hospitals 
in Yemen. 
Question 37 
Questionnaire on the Procedures Related to the Im port Permits of Plants, Seeds, Pesticides and 
Fertilizers;  II. Purpose and Coverage of Licensing, Question 1, page 30:  Please explain what Government agency maintains the list of registe red plant pesticides and chemical fertilizers.  
What are the procedures to register additional products? 
Answer:
 
The Government agencies that maintain the list of the registered plant pesticides and chemical 
fertilizers are: 
- The General Department for Plant Protection, Ministry of Agriculture and Irrigation with 
regard to plant pesticides; and 
- The General Department for Plant Production, Ministry of Agriculture and Irrigation with 
regard to chemical fertilizers. 
The procedures are: - The applicant seeking to register a plant pes ticide or a chemical fertilizer fills out an 
application form supported by the following documents: 
 - A Copy of Commercial registration; 
 - A verified power of attorney if the application was made on behalf of the applicant; 
and 
 - Basic information about the product required to be registered ( technical information, 
catalogue). 
- The concerned authority reviews the information re lated to the product to ensure that it's not a 
prohibited item, the applicant is then given the original documents for the registration to be 
completed together with a Registration Dossier  containing all the information pertaining to 
the product for subsequent verification by  the manufacturing or producing company; 
- The concerned authority reviews the original  documents mentioned above and attachments 
once receipt from the applicant to ensure that a ll requirements and obligations have been met; 
- The concerned authority, subject to satisfactory fulfilment of the required procedures for 
registering the product, sends a complete dossi er to the registration committee who may issue 
a preliminary approval of the registration.  If the registration is refused, a refusal decision will be sent to the applicant explaining the reasons for it; 
- The applicant completes a special form re questing the importation of the samples of the 
product.  The concerned au thority, upon completing necessary forms, approves the 
importation of samples as well as standard material; 
- Samples of the product required to be register ed will be subject to analysis and laboratory 
tests during a maximum period of two months.  If the product fails to meet the prescribed technical specifications and conditions, the sam ple will be refused.  The applicant is then  WT/ACC/YEM/26 
 Page 13 
 
 
 required to return the samples directly to th e source at his/ her own expense and under his 
own responsibility within 30 days of his notif ication of the outcome of the analysis; 
- An applicant whose sample had been refused  preserves the right to submit a written petition 
to re-analyze the samples according to the prev ious procedures.  If the samples do not meet 
the requirements, the refusal becomes final; 
- If the result of the analysis were satisfactory a certificate will be issued verifying that the 
samples comply with conditions, specifications a nd technical data.  Then the applicant makes 
a formal request by filling the forms designated for conducting field experiments; 
- The concerned authority, in coordination with other competent bodies, implement or contract 
others to conduct field experiments in accordan ce to recognized scientific methods in various 
climatic zones in Yemen and in line with c onditions laid down by the registration Committee; 
- The concerned authority presents the results of  the laboratory analysis and field experiments 
to the Registration Committee to study and ev aluate them and take  appropriate action; 
- The concerned authority informs the appli cant with the decision of the Registration 
Committee within one week of reaching a decision; 
- The concerned authority issues a Registration Ce rtificate regarding the product and registers 
the product in the registry with a designa ted independent national number. A fee of 
YRls 10,000 is charged for this service; and 
- The applicant whose product has failed the test, preserves the right to appeal. 
Question 38 
How does Yemen define "formulated and mixed chemical fertilizers"? 
Answer:  
The formulated and mixed chemical fertilizers are any solids or liquids formulated or simple chemical 
materials which are added to the soil or water or sprayed on plants to improve fertility or increase 
production. 
Question 39 
Questionnaire on the Procedures Related to the Im port Permits of Plants, Seeds, Pesticides and 
Fertilizers;  III. Procedures, Question 1(a) throug h (c), page 32:  How will General Department 
for Plant Protection notify interested parties on  the size of quantities of plant pesticides 
permitted for importation?   
Will the information be available in an official  journal, a website, or other method of 
publication?   
Or must interested parties request it directly from the Department?   
If so, how quickly can the Department respond to such inquiries?   
Answer:  
Interested parties should inquire directly at the Ge neral Department for Plant Protection to be advised 
on the size and quantities of plant pesticide permitte d for importation.  The department will respond 
within 3-7 days. WT/ACC/YEM/26 
Page 14  
 
 Question 40 
Although the General Department for Plant Prot ection will determine the size of quantities of 
plant pesticides required to be imported on an annual basis, will the Department provide more frequent (monthly, quarterly, etc.) updates on the amount that has already been imported? 
Answer:
 
The Department will provide quarterly updates on the amount that has already been imported. 
Question 41 
Questionnaire on the Procedures Related to the Im port Permits of Plants, Seeds, Pesticides and 
Fertilizers;  III. Procedures, Question 3, page 35:  There is no answer provided for this question for plant pesticides.  Are there no circumsta nces under which an import licence for plant 
pesticides can be refused? 
Answer:
 
An application for a permit cannot be refused for an y reason other than failure to meet the ordinary 
criteria. 
Question 42 
Questionnaire on the Procedures Related to the Im port Permits of Plants, Seeds, Pesticides and 
Fertilizers;  IV. Eligibility of Importers to Apply for Licence, Question 1, page 35:  Yemen notes 
that the plant pesticide and fertilizer import licenses require importers to have, among other things, a "professional practice permit."   
Please explain the procedures importers must m eet in order to obtain that permit.   
Answer:
 
Procedures for obtaining a "Professional Practice Permit" are: 
- The applicant should make an application to the concerned authority; 
- Fulfilment of the following requi rements and technical conditions: 
 - The applicant should have a university de gree in Plant Protection/ Plant Production or 
employ a specialized supervisor in Plant Protection and Plant Product, or an 
Agricultural Technician with a minimum of five years work experience; 
 - The supervisor should be a full time an d permanent employee and bears joint liability 
with the owner for any risks or consequen ces that arise from practicing this activity; 
 - The applicant should have a permanent offi ce or store in the Republic of Yemen to 
perform his activity that meets pres cribed conditions and specifications; 
 - The applicant should abide by the laws, by-laws and ministerial decisions regulating 
the usage of pesticides and fertilizers a nd comply to the International Code of 
Conduct related to the distribution and use of pesticides, and to participate in awareness raising activities on the safe usage of pesticides and fertilizers; and 
 - The applicant should pay the prescribed fees.  WT/ACC/YEM/26 
 Page 15 
 
 
 - The applicant should submit a completed personal dossier containing the following 
documents: 
 - A certified copy of his/her identity card or  family card (or the basic constitution of the 
legal entity); 
 - The applicant's original undertaking; 
 - The supervisor's original undertaking; 
 - A certified copy of a valid Commercial Registrar, and valid tax card;  - A certified copy of the business premises documents (lease or deeds);  - A certified copy of the scientific qualifica tions of the applicant or hired supervisor; 
 - The Registration Licence of the company (Ministry of Industry and Trade) with 
regard to industrial professions; and 
 - Evidence of storage space (owned or rented) that meet the conditions and 
specifications contained in the form with regard to the profession of trade. 
- Upon the request of concerned authorities, sp ecialists will inspect the business premises and 
warehouses to ensure compliance with technical and health requirement; 
- If the inspection were positive, the concerned authority would issue the permit on payment of 
the prescribed fee; and 
- The permit is issued with an initial va lidity of two years, renewable beyond that. 
Question 43 
Additionally, how could producers that are based outside of Yemen meet the domestic 
professional requirements? 
Answer:
 
Only Yemeni nationals are allowed to obtain professional practice permit.   
Question 44 
Questionnaire on the Procedures Related to the Im port Permits of Plants, Seeds, Pesticides and 
Fertilizers;  VI. Documentation and Other Requi rements for Application for Licence, Question 
2, page 36:  Yemen notes that upon the im portation of pesticides and/or fertilizers, a 
"Certificate of Origin issued by the official bo dy in the country of origin" is required, among 
other documents.  In lieu of a government-issued certificate of origin, will Yemen accept origin 
documentation provided by the company that produced the good or by a third-party trade association or other organization? 
Answer:
 
Yemen accepts only the Certificate of Origin issued by official bodies or otherwise endorsed by 
official bodies in the country of origin. 
Question 45 
Questionnaire on the Procedures Related to the Im port Permits of Plants, Seeds, Pesticides and 
Fertilizers;  VII. Conditions of Licensing, Question 1, page 37:  Please explain the health and/or 
environmental justification for a validity period less than one year for pesticides and fertilizers. WT/ACC/YEM/26 
Page 16  
 
 Answer:
 
This is an administrative requirement to better manage and control the execution of issued licenses 
and maintain the smooth flow of trade. 
Question 46 
Questionnaire on the Procedures Related to the Im port Permits of Plants, Seeds, Pesticides and 
Fertilizers;  VIII. Other Procedural Requirement s, Question 1, page 38:  Please provide more 
information on where pesticides and fertilizers must  be registered prior to importation.  What 
information is required for registration?   
Answer:  
Please refer to answer No. 37. Question 47 Yemen notes there is a YRls 10,000 fee for the registration of a pesticide.  Is there a similar fee 
for the registration of a fertilizer?  
Answer:
 
Fee for registering fertilizer is YRls 10,000. Question 48 Questionnaire on the Procedures Related to the Im port Permits of Plants, Seeds, Pesticides and 
Fertilizers:  Application for Permitting Pesticide Imports (Form 3), page 42:  Column 4 requests the "name of the effective item."  Does this refer to the name of the active chemical compounds 
in the pesticide? 
Answer:
 
Yes, column 4 does refer to the name of th e active chemical compounds in the pesticide. 
Question 49 
Column 5 requests to the "concentration and p reparation type."  Does this allude to the 
hazard/risk information evaluation?   
Answer:  
No, it is only technical information. 
- Customs valuation 
Question 50 We are concerned that Yemen intends to establish a value database during the transitional 
period of WTO accession.  While Yemen asserts that the database would serve "only as a reference for guidance" among other tools to establish import values, the Article 7, CVA, 
prohibits price-reference databases.  Previous  guidance from the Technical Committee on 
Customs Valuation indicates that value databases a re to be used exclusively as a risk assessment  WT/ACC/YEM/26 
 Page 17 
 
 
 tools and not as a substitute of value or to establish minimum values (see 
WT/ACC/SPEC/YEM/4, paragraphs 93-94; WT/ACC/YEM/23 Question 28). 
We request that Yemen please explain why it  needs to develop a price-reference database 
during the transition period if it does not currently employ one.  Development of a database would divert its scarce resources to that e ndeavour, which in effect hinders its accession 
commitments. 
We request that Yemen please provide assurances that, if indeed a value database is developed, 
that it will be exclusively used as a risk assessment tool. 
Answer:
 
Yemen reiterates that customs valuation system would adhere to CVA, upon completion of the 
implementation transitional period.  Value data  base would be used in accordance with CVA. 
Question 51 
Comments and questions concerning Draft Amendm ents of some Articles of the Customs Law 
No. 14 dated 1990;  With respect to the proposed amendments to Article 76: 
Yemen's proposed dispute resolution mechanism for valuation determinations contemplates, 
among others, referral of issues to a three-member committee consisting of 
government-appointed and private members.  Inclusion of non-governmental representatives may contravene CVA Article 10, which seeks to protect confidential business information.   
Furthermore, the proposed dispute resolution  mechanism described above does not clearly 
provide importers the right to appeal determinations  to an independent judicial authority.  It 
appears that committee determinations may be appealed only in those instances when a decision 
is issued by a majority of its members.   
Could Yemen please explain the consistency of its proposed amendments with CVA Articles 10 
and 11.2? 
Answer:
 
The proposed amendments to Article 77 shows that the committee consists of a permanent 
commissioner appointed by the Minister of Finance and nominated by the Chairman of customs 
Authority, and two other members, one selected by the trader and the other selected by both parties.  
The decision of the committee should be unanimous .  In case of disagreement, the goods' owner has 
the right to resort to the judiciary.  There is nothing to prevent the goods' owner from resorting to the 
judiciary at the outset of a disagreement.  
Question 52 
Comments and questions concerning Draft Amendm ents of some Articles of the Customs Law 
No. 14 dated 1990;  With respect to the proposed substitution of Article 36 with Article 36 bis: 
Proposed Article 36 bis, which would replace original Article 36 of Yemen's Customs Law, 
establishes how customs value is calculated.  As currently drafted, it is too vague and only refers 
to the unlimited discretion of the Prime Minister in determining valuation.  Old Article 36 
spelled out the various valuation methodologies (though inconsistent with CVA obligations).   WT/ACC/YEM/26 
Page 18  
 
 Could Yemen please explain how this amendmen t is consistent with CVA methodologies and 
how it will incorporate the Interpretative Notes to the CVA? 
If the lack of valuation guidelines in proposed Article 36 bis merely reflects that the valuation 
criteria will be implemented by regulation, we request that Yemen please submit these regulations for Working Party review.   
Are there any additional laws or regulations that  pertain to customs valuation?  If yes, please 
provide to the Working Party for review. 
Answer:
 
According to Article 36 of the draft amendment of  some provisions of the Customs Law, valuation 
guidelines will be contained in a decision issued by the Prime Minister. 
There are no additional regulations. 
B. EXPORT REGULATIONS 
- Export subsidies Question 53 In reply to Question 29 of WT/ACC/YEM/23, Yeme n notes that it would like to avail itself of 
Article 27.2 of the SCM Agreement which exempts LD Cs from the obligation of Article 3.1(a) of 
the same Agreement. 
As noted earlier, Yemen should consider alte rnative, potentially more productive, economic 
development policies beyond the prov ision of export subsidies.  We also reiterate that Yemen is 
obligated to notify all of its "specific", subsidy programmes pursuant to Article 25 of the SCM Agreement.  For reference, we note that Article 26 provides several types of subsidies 
contingent upon export performance. 
Answer:
 
Yemen seeks the understanding of Working Party Memb ers with regards to the importance of such a 
tool for promoting and encouraging exports especial ly in light of the low competitiveness of Yemeni 
products, in line with the flexibility provided  to LDCs in accordance to Article 27.2.   
Question 54 We appreciate Yemen's reply to Question 30 of WT/ACC/YEM/23, which explains the 
difference between the Supreme Council and the Technical Office.  Could Yemen please 
additionally clarify:  Does the Supreme Council or the Technical Secretariat for the Council 
provide cash grants any type of loans to exporters? 
Answer:
 
Neither the Supreme Council nor the Technical S ecretariat for the council provides any financial 
support to exporters.   WT/ACC/YEM/26 
 Page 19 
 
 
 C. INTERNAL POLICIES AFFECTING FOREIGN TRADE IN GOODS 
- Industrial policy, including subsidies Question 55 Paragraphs 116 to 120 of WT /ACC/SPEC/YEM/4 (Industrial Zon es): We previously asked 
Yemen to specify a transition period to phase out local contents subsidies, in line with the Hong 
Kong Declaration.  Does Yemen intend to put forward a proposal in this respect?   
Answer:
 
Please refer to the Action Plan (WT/ACC/YEM/27) fo r phasing out local cont ent subsidy by 2015 in 
line with the Hong Kong Declaration.  
- Technical barriers to trade, standards and certification 
Question 56 
Question 34 of WT/ACC/YEM/23 asks Yemen to identi fy the specific standards that each of the 
listed products in Table 14 are required to confor m to.  Yemen's answer does not appear to fully 
respond to this question.   
We request that Yemen please identify a public document where a supplier can look up what 
the requirements are for each listed product.  
Answer:  
The document containing the requirements for each li sted product is Guidelines of Yemeni Standards 
which includes voluntary standards and mandatory sta ndards (technical regulations).  In case, there 
are no Yemeni standards, interna tional standards will be adopted.  
Question 57 
The answer to Question 36 of WT/ACC/YEM/23 indicates that YSMO is responsible for 
running the conformity assessment programme.  However, in its answers to Questions 37 
and 44, Yemen also makes reference to its use of the ICCP programme, which is run by Intertek. 
We request that Yemen please clarify which enti ty runs the conformity assessment programme, 
as these replies appear contradictory.  
Does YSMO contract out to any private bodi es any services or elements related to the 
implementation of the programme?  
If so, please describe the nature of such services and the names of the private body or bodies. 
Answer:
 
YSMO has signed a contract with BIVAC and Cotecna Companies which are internationally 
recognized and accredited by (IFIA).  These co mpanies provide inspection services and issue 
conformity certificate in the country of origin fo r the products listed in Table 15 of Elements of a WT/ACC/YEM/26 
Page 20  
 
 Draft Working Party Report, whereas YSMO is resp onsible for supervising ICCP internally.  YSMO 
wants to be sure that commodities have conformity  certificates when they arrive to the ports.  
Question 58 
The answer to Question 37 of WT/ACC/YEM/23 states that conformity assessment procedures 
are the same for all goods.  However, the answer also states that such procedures are 
determined according to the nature and kind of the item and the degree of danger.   
These two statements appear to be contradictor y.  The procedures cannot be the same for all 
goods and also differentiated for different goods ba sed on their nature and degree of danger.  
We request that Yemen please clarify which statement is accurate.  
Can Yemen please provide examples of how it evaluated the nature and degree of danger for 
several products on the list and how that in fluenced Yemen's selection of a particular 
conformity assessment procedure? 
Answer:
 
Conformity assessment procedures differ for each  group of products as shown in Annex II of 
WT/ACC/YEM/23 of the Additional Questions an d Replies, dated 16 September 2008, which 
explains conformity assessment procedures for each group of products.  
Question 59 
Please clarify: - Who develops technical regulations?  YSMO?  The relevant Ministries?  Or both?  
- Who develops standards?  YSMO?  The relevant Ministries?  Or both? - Who develops conformity assessment procedures?  YSMO?  The relevant Ministries?  
Or both? 
- How long are draft technical regulations available for comment on the YSMO website? 
and 
- How does YSMO determine who are the "concerned entities" that receive mailed copies 
of the draft technical regulations? 
Answer:
 
- YSMO develops technical regulations in coordination with the concerned entities; 
- YSMO develops standards and conformity assessment procedures in consultation with 
concerned entities; 
- Available period for comment is 60 days; and - YSMO determines which concerned entities rece ive copies of draft technical regulations 
according to the nature of the technical regul ations.  There are joint technical committees 
representing concerned entities which collect a nd receive comments and suggestions from 
concerned entities.  
Question 60 
With respect to the process for developing t echnical regulations, standards and conformity 
assessment procedures:  WT/ACC/YEM/26 
 Page 21 
 
 
 - Is Yemen's process for developing technica l regulations, standards, and conformity 
assessment procedures the same? 
- If the three processes are the same, when is the determination made that compliance 
with a measure will be mandatory (technical regulation) or voluntary (standard)? and  
- If the three processes are different, please ex plain the differences, including the roles 
played by the various agencies?  
Answer:  
- Yemen's process for developing technical regul ations, standards, and conformity assessment 
procedures are the same; and 
- After the developing processes are finalized, YSMO Board determines whether the measure is 
a voluntary standard or a mandatory standard (technical regulation). 
Question 61 
In the WTO context, compliance with a "standard" is voluntary.  
In Yemen, does the term "standard" have the sa me meaning, i.e., is compliance only voluntary?  
Answer:  
According to local legislations, standards are eith er mandatory (technical regulation) or voluntary. 
Question 62 
In its response to Question 41 of WT/ACC/YEM/23, Yemen states that final technical 
regulations and conformity assessment proced ures will enter into force immediately on the 
publication date.  However, Articles 2.12 and 5.9 of the TBT Agreement require that Members 
allow a reasonable interval between publication of  final technical regulations and conformity 
assessment procedures and their entry into force (e xcept in exigent circumstances), in order to 
allow time for producers to adapt to the new requirements.  
Will Yemen amend its regime to ensure that a reasonable interval between publication and 
entry into force is provided?  
Answer:  
Yes, Yemen will amend its regime to ensure a reasonable interval between publication and entry into 
force for technical regulation and conformity assessment procedures.  
Question 63 
The answer to Question 46 of WT/ACC/YEM/23 states that all products are subject to 
conformity assessment: 
- On what basis are all products subject to conformity assessment?  
- Has Yemen done an analysis on each product set out on the list and  determined a need 
to regulate? and 
- If not, it seems likely that many of the pr oducts on the list are being regulated for no 
reason and should be removed.  What pr ocedures will Yemen undertake to remove 
products from the list that do not need to be  regulated because no risk to health, safety, 
environment, etc. has been identified? WT/ACC/YEM/26 
Page 22  
 
 Answer:
 
- Products are subject to conformity assessment to  ensure the protection of health, public safety 
and environment, and to address commercial deception practices; and 
- Yes, Yemen has done an analysis on each  group of products set out on the list. 
Question 64 
Please provide the names of the newsletters a nd publications referenced in Question 46 where 
information concerning conformity assessment is published.  
Answer:  
The newsletters and publications are the following: - Specifications Magazine is issued monthly by YSMO; 
- Instructions or announcements issued vi a governmental official newspapers; and 
- In the future, after developing YSMO website, information will be available in the website 
(www.ysmo-ys.org).  
Question 65 
Paragraph 124 of WT/ACC/SPEC/YEM/4 refers to "norms." 
 
Are "norms" akin to "technical regulations" (i.e., compliance is ma ndatory), standards 
(i.e., compliance is voluntary), or something else entirely?  
Answer:  
The word "norms" is the same as standards and should be eliminated  from paragraph 124 of Elements 
of a Draft Report.  The paragraph should be read as follows: 
Specialized national committees, sub-divided into  main committees, sub-committees and technical 
committees, had been created to prepare draft volunt ary standards and mandatory standards (technical 
regulations).  
Question 66 
How does one apply to sit on one of the specia lized national committees that prepare draft 
standards or norms?   
Answer:  
There is no application system for applying for membership of technical committees. According to the Board's Decision No. (6) of 20 08 on Regulating By-law for Preparing Yemeni 
Standards, members on technical committees are selected from YSMO and the following concerned entities: 
- Representatives of the relevant Government sect or (ministry, corporation or authority); 
- Representative of the manufacturing sector; 
- Representative of the commercial sector; - Representative of the consumer sector; and  WT/ACC/YEM/26 
 Page 23 
 
 
 - Representative of scientific centers and universities. 
Question 67 
Is participation and voting in such committees open  to all interested stakeholders, both foreign 
and domestic?  
Answer:  
Stakeholders who submit comments to the tec hnical committee have the right to discuss with 
technical committees, but they cannot vote. 
Question 68 
Yemen states  in paragraph 125 of WT/ACC/SPEC/ YEM/4 that it utilizes ISO, IEC, ISO/IEC, 
and Codex.  We note that the TBT Agreement does not specify a closed list of bodies (or any list 
of bodies, for that matter) that develop rel evant international standards.  However, 
WTO Members did agree on a set of principles (openness, transparency, coherence, effectiveness and relevance, impartiality and con sensus, development) that could be used by 
standards developers to develop international stan dards:  Committee Decision on Principles for 
the Development of International Standards,  Guides and Recommendations (G/TBT/1/Rev.8, 
23 May 2002, Section IX). 
Will Yemen rely on the principles contained in the Committee Decision in determining whether 
particular standards are international?  
Answer:
 
Currently, Yemen does not rely on the principles c ontained in the Committee Decision in determining 
whether particular standards are international. 
Question 69 With respect to the information provided in paragraph 127 of WT/ACC/SPEC/YEM/4:  Does 
Yemen accept without further testing the prod uct certifications of bodies accredited with 
the ILAC and the IFIA? 
 
Answer:  
Currently, Yemen is applying ICCP as e xplained in answer to Question 57. 
Question 70 
In paragraph 128 of WT/ACC/SPEC/YEM/4, Yemen states that it does not discriminate 
between domestic and imported products when developing and applying standards, technical 
regulations, and conformity assessment procedures.  
Can Yemen please clarify that it also does not discriminate between imported products from 
one Member and like imported products from other Members?  WT/ACC/YEM/26 
Page 24  
 
 Answer:
 
Yemen does not discriminate be tween imported products from one  Member and like imported 
products from other Members.  
Question 71 
Paragraph 129 of WT/ACC/SPEC/YEM/4 envisag es that Yemen's TBT enquiry point and 
notification authority would be fully operational by 2007-2008.  
Can Yemen provide a status report on this issue?  Are these entities fully operational?  
Answer:  
Yemen's TBT enquiry point is still under establishmen t.  It needs time and technical assistance in 
order to be fully operational.  
Question 72 Preliminary Comments on Chairman's Decree No ( ) of 2007 on the Regulation to Set Yemeni 
Standards: 
Article (5) states "The regional and international standard should be the reference while setting 
standards…": Does Article (5) give regional standards equal status with international 
standards?  
Article (5)D lists as a consideration in referen cing regional and international standards that 
"reference should not create any problems relat ed to publishing rights.":  Please explain how 
such problems are avoided or resolved.  
Article (35) states that "standards related to sa nitary, safety, and protection of environmental 
use are mandatory (technical rules).": 
- Is compliance with Yemeni standards alw ays mandatory?  Or is compliance with 
Yemeni standards sometimes voluntary?  
- If Yemeni standards are always mandatory, what is the difference between a Yemeni 
standard and a Yemeni technical regulation? 
- What is a "technical rule"? and 
- If Yemeni standards are sometimes mandato ry and sometimes voluntary, how and when 
is this decided and noted for the public? 
Answer:
 
- Article 5(D) of the draft By-law of Chairman of the Board of Directors of 2007 has been 
abolished by Decision of the Chairman of the Board of Directors No. (6) of 2008 on 
Regulating By-law for Preparation of Yemeni Sta ndards (a copy of the By-law is available for 
consultation (see WT/ACC/YEM/26/Add.1)); 
- Regional and International Standards are equa l, but there is priority for international 
standards; 
- As explained earlier, according to local legislations, standards are either mandatory (technical 
regulations) or voluntary; 
- Technical rule means Technical regulation, but it was mentioned earlier due to a mistake in 
the initial translation of Draft By-law of Chairman of the Board of Directors of 2007; and  WT/ACC/YEM/26 
 Page 25 
 
 
 - Board of Director of YSMO determines wh ether a standard is voluntary or mandatory 
(technical regulations) and they are announced to  the public via two official newspapers for 
three consecutive days, Yemeni standard gui deline and YSMO website in the future. 
Question 73 
Paragraph 126 of WT/ACC/SPEC/YEM/4: Article 3 of the Board of Directors' Decision 
No 27/2006 on By-law of Granting Yemeni Qua lity Mark reads as follows: "These by-law rules 
are applicable to local industrial or productive  enterprises that request Quality Mark licenses 
for the goods produced that align with the approved metrology standards of these goods."  Is the Quality Mark only available to local goods?  Is it available to imported products? Who can request it (i.e. exporter or necessarily a legal person established in Yemen?)  What is the 
effect of the Quality Mark on the sale of goods? 
Answer:
 
Quality Mark is a voluntary process not a compulsory one and is available to parties interested in 
acquiring it whether the products were locally produ ced or imported provided that applicants meet the 
requirements of this system.  
Such a mark assures the public that th e product has gone through a quality check.  
Question 74 
In the annexes of WT/ACC/SPEC/YEM/4 (Laws, Regulations and other information provided 
to the Working Party of Yemen), reference is made to Decision No. 3/2001 "On Issuance of Conformity Certificate to Metrological Standards By -law".  Article 6 of this Decision establishes 
that: "The YSMO grants Conformity Certificat e of the consignment to metrology standards for 
the establishment once the following conditions are me t."  One of the conditions that need to be 
met is that "The enterprise is officially regist ered and allowed to deal with such consignments 
according to enforced systems in the Arab co untries."  Is a Conformity Certificate only 
available to Yemen and Arab countries and if so wh en will this provision be modified to extend 
this possibility to exporters/producers established in third countries.  
Answer:
 
Yemen will review and modify this deci sion in accordance with WTO provisions. 
- Trade-related investment measures 
Question 75 Paragraphs 139, 140 and 141 of WT/ACC/SPEC/YEM/4:  It has been acknowledged that 
Yemen provides tax and duty exemptions pursuant to Articles 20 and 21 of the Investment Law 
to promote local content in investment projec ts, and that these incentives were not fully 
consistent with the Agreement on Trade-Relate d Investment Measures (TRIMs).  Does Yemen 
intend to propose a detailed TRIMs Action Plan in  order to eliminate all measures inconsistent 
with the TRIMs Agreement and WTO Declarations?  
Answer:
 
Please refer to answer to Question 4. WT/ACC/YEM/26 
Page 26  
 
 V. TRADE-RELATED INTELLECTUAL PROPERTY REGIME 
- SUBSTANTIVE STANDARDS OF PROTECTION, INCLUDING PROCEDURES 
FOR THE ACQUISITION AN D MAINTENANCE OF INTELLECTUAL PROPERTY 
RIGHTS 
- Copyright and related rights 
Question 76 
Questions on the Draft Law "On the Protectio n of Copy Rights and Related Rights": 
Article (6)(2) provides authors an exclusive ri ght in translations, summaries, explanations, 
adaptations or recompositions of musical works.  Article (14)(3) provides authors a moral right 
to prohibit any deletion, change, addition, perv ersion, adaptation or amendment to the work.  
Such broad moral rights may contradict any righ ts the author transfers under Article (6)(2).  
For example: if someone obtains a licence to make an adaptation of the work, the author may perpetually prevent any such adaptation by clai ming his moral rights in Article (14)(3).   
We recommend adding the following language from Berne Article 6 bis to the end of 
Article (14)(3): "which would be prejudicial to his honour or reputation." 
Answer:
 
Article (14) of the draft law defines the literary rights enjoyed by an author over his work and 
paragraph (3) of the same article prevents any c onsequences which may  be prejudicial to the honour 
or reputation of the author. 
Question 77 
Please clarify how Article (14)(5) will be applied.  Wh at is the effect of this article on works that 
were previously disseminated?  
Answer:  
Article (14), paragraph (5) of the draft law permits the author to withdraw his work from circulation, 
however, this right is not absolute, it is restricted by the rules stated in Article (6), paragraph (5) of the 
draft law, whereby a commercial court has the authority  to withdraw the work from circulation; and if 
the author insists on exercising such right to make  any amendments to his work, he must institute 
legal proceeding at the court; and if the court consider s the claim justifiable, it will rule to enable the 
author to withdraw the work from circulation; and compel the author to pay compensation to whom the exploitation rights have been transferred. 
Question 78 
Please explain what steps Yemen is taking to co mply with TRIPS Article 13, which requires that 
exceptions and limitations be confined to certain sp ecial cases that do not conflict with a normal 
exploitation of the work and do not prejudice the legitimate interests of the authors.  We note 
that Article (40)(1) of the draft law do es not appear to fulfil this requirement.  WT/ACC/YEM/26 
 Page 27 
 
 
 Answer:  
Article (40), paragraph (1) of the draft law perm its the use of the work for personal purposes by 
means of copying, translation, citation or television viewing provided that such a usage do not prejudice the legitimate interests of the author. 
Question 79 
Please explain what steps Yemen is taking to co mply with TRIPS Article 46, which requires that 
a court dispose of infringing articles outside the channels of commerce.  We note that Article (67) of the draft law allows a court to di spose of infringing articles by selling them at a 
public auction with authorization from the author, and does not appear to fulfil the requirement of TRIPS Article 46. 
Answer:
 
Article (68) of the draft law entitles the court to  dispose of the tools and copies, which were 
confiscated, by selling them in a public auction; and this procedure is c ontingent upon the will and 
approval of the author, copyright owner or legal i nheritors.  In case of no approval, the infringing 
articles are to be destroyed.  The aim of establishi ng such a procedure is to raise money to pay off 
compensation or any administrative or judiciary e xpenses that may be ruled against the infringer.  
Question 80 
Article (70) provides for fair compensation to authors for violations of copyright and related 
rights.  Please explain how Yemen provides for compensation of expenses, which may include 
attorney's fees, as required under TRIPS Article 45(2). 
Answer:  
Article (71) of the draft law covers the requireme nts of Article 45 of the TRIPS Agreement, which 
compels the violator to pay fair compensation to the au thor or the related rights holder.  In addition, it 
compels the infringer to pay attorney's fees and any other judiciary expenses. 
Question 81 
Please explain how the works of non-nationals liv ing in Yemen are protected in the country, in 
compliance with TRIPS Article 3. 
Answer:  
Article (3), paragraph (b) of the draft law take s into consideration the principle of "National 
Treatment" within the context of the principles of legal protection that covers Yemeni and foreign 
authors who are nationals of country members of  the international agreements and treaties on 
intellectual property rights to which Yemen is a signatory.  
Question 82 Please provide us with a copy of the Evidence Law or other law that addresses the requirement 
that courts have the authority to require that infringer to inform the right holder of the identity of third persons involved in the infringing activity under TRIPS 47. WT/ACC/YEM/26 
Page 28  
 
 Answer:
 
Yemeni intellectual property law and other laws do  not resolve the requirement mentioned in the 
question.  Yemen is currently working on making its  intellectual property laws in compliance with 
TRIPS Agreement. 
Question 83 
Please explain how Yemen implements TRIPS Articles 51 through 60. Answer:
 
Yemen, through Intellectual Property Law No. 19 of 1994 does not implement the requirements of 
Articles 51 through 60 of the TRIPS Agreement.  This has been resolv ed in the draft law 
Articles Nos. (43), (63-72) and (79). 
- Trademarks, including services marks Question 84 We appreciate Yemen providing its draft Trademark Law for Working Party review.  
According to Article 7 of the draft Trademark Law, it is unclear on whether Yemen provides 
protection to unregistered well-known marks as required by the provisions of Article 6 bis of the 
Paris Convention and TRIPS Article 16 which require unregistered well-known marks to be 
protected against uses that are likely to be confused with the well-known mark.  
Please confirm that well-known marks do not re quire registration in order to be afforded 
protection. 
Answer:
 
Yemen confirms that, according to Article (7) of the draft law, well-known marks do not require 
registration in order to be afforded protection. 
- Geographical indications, including appellations of origin 
Question 85 
Chapter 5, Articles 30-38, of the draft Tradem ark Law do not contain grounds for refusing 
protection of a geographical indication based on prior trademark rights.  TRIPS Article 16.1 
requires that owners of trademark rights establis hed prior to a later applied for geographical 
indications should be able to assert the ex clusivity of the prior trademark rights.  
How will Yemen address the relationship between trademarks and geographical indications in 
which the rights of trademark owners are pres erved by ensuring that grounds for refusing 
protection, opposition and cancellation of a geographical indication are that the geographical 
indication is later in time and confus ingly similar to an earlier trademark? 
Answer:  
Article (37) of the draft law resolves the re lationship between tradem arks and geographical 
indications to ensure the registration of the tradem ark that bears a geographical indication if the right  WT/ACC/YEM/26 
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 to the trademark was acquired, in good faith, prior to  the enforcement date of the law or prior to the 
date that the geographical indication was affo rded protection in the country of origin.  
- Industrial designs 
Question 86 
Questions on the Draft Law "On Industrial Designs": 
Article (8) of the draft law provides that: The applicant may include in his request his claim of the priority registration based on a prior 
filed request in any country that is a memb er of Paris Convention for the Protection of 
Industrial Property provided that filing the requ est in Yemen should be submitted within a 
period not exceeding six months from the date of  the first filed request.  The applicant shall 
provide a copy of the first filing of the request c ertified by the entity to which it was lodged in 
the other country.  The filing date of the first request should be the same date of the filing 
request in the Republic of Yemen.  
In this article, is the reference to the "first a pplication" intended to be the first application filed 
in a Paris Convention member? 
Answer:
 
Yes. 
Question 87 
It is noted that Paris Convention Article 4(C)(2) provides that the periods for priority shall start 
from the filing date of the "first application," but paragraph (3) provides that "If the last day of 
the period is an official holiday, or a day when the Office is not open for the filing of 
applications in the country where protection is claimed, the period shall be extended until the 
first following working day."  How does Yemen pr ovide for the six month period expiring on a 
non-working day? 
Answer:  
Yemen is a member of the Paris Convention for the Protection of Industrial Property. Question 88 Also, in Article 4(C)(4), the Paris Convention provides that: 
A subsequent application concerning the same subj ect as a previous first application within the 
meaning of paragraph (2), above, filed in the sa me country of the Union shall be considered as 
the first application, of which the filing date shall be the starting point of the period of priority, 
if, at the time of filing the subsequent applic ation, the said previous application has been 
withdrawn, abandoned, or refused, without havi ng been laid open to public inspection and 
without leaving any rights outstanding, and if it has not yet served as a basis for claiming a right of priority.  The previous application may not th ereafter serve as a basis for claiming a right of 
priority. WT/ACC/YEM/26 
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 As a result, the use of the term "first filed" shou ld be modified to allow for priority claims to 
applications filed subsequent to the first a pplication, where the first application has been 
withdrawn.   
It is noted that Article 8 uses the term "re quest," but the Paris Convention uses the word 
"application".  Was a different meaning intended? 
Answer:
 
The word "Application" is what was me ant in Article (8) of the draft law. 
Question 89 
In addition, it is not clear from Article 8 th at an international application under the Patent 
Cooperation Treaty, or in a regional patent o ffice can be relied upon for foreign priority in 
Yemen, as envisioned by Article 4(A)(2) of the Paris Convention Article 4(A)(2) ("or under bilateral or multilateral treaties concl uded between countries of the Union"). 
Answer:
 
Article (8) of the draft law addresses the issue of  priority with regards to industrial designs. 
Question 90 
Article 16(5) of Yemen's Draft Design Law provides that: 
The industrial design protection excludes the following:  
- Using it for scientific research purposes. 
- Using it for training and education. 
- Other uses which do not [un]reasonably contra dict normal use or [un]reasonably violate 
the owner's legitimate interests. 
Article 26(2) of TRIPS provides for limited excepti ons to the exclusive rights for an industrial 
design, but it is not clear that this exclusion appropriately includes allowing for any scientific 
research or educational purposes, if those purposes are commercial in nature, either directly, or 
indirectly by leading to a commercial purpose.  For example, a research project or educational 
seminar may have a commercial purpose.  How is Article 16(5), consistent with TRIPS 
Article 26? 
Answer:  
Naturally, if these usages lead directly or i ndirectly to commercial purposes, they would be 
considered out of those cases exempted from protection. 
Question 91 
In addition, the last exception to design protectio n in Article 16(5) appear broad and vague.  It 
is unclear what other activities may be permitted under this exception, other than scientific 
research, training and education, or non-comm ercial purposes.  Could you please provide an 
example of an activity falling within the last exception in Article 16(5).  Finally, the last 
exception in Article 16(5) appears to have a tran slation error:  the term "reasonably" should be 
substituted with the term "unreasonably."  Could you please confirm?  WT/ACC/YEM/26 
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 Answer:  
Please refer to the defined exceptions cited by Artic le 26 of the TRIPS Agreement.  Yemen believes 
that Article (16), paragraph (5) of the draft law c onforms to Article 26 of th e TRIPS Agreement and is 
consistent with the provisions of other memb er countries of the World Trade Organization. 
Yemen confirms that the term is "unreasonably".  Question 92 Article 18 provides for compulsory licenses of industrial designs.  What is the justification and 
support for such a licence?  It is noted that although TRIPS provides for compulsory licenses of 
patents, there is no such provision for designs. 
Answer:
 
It can be inferred from the comment that TRIPS Agreement contains no provision that prohibits 
Members from granting compulsory licenses with re gard to industrial designs.  The draft law, 
however, has expressed keenness in Article 18 that th e licence is justifiable, serves public interests 
and provides fair compensation to the owner.  
- Patents 
Question 93 
We request that Yemen please provide an update on  the status of new patent, data protection, 
and plant variety protection legislation. 
Answer: 
Yemen has prepared a draft Law on Patent, Utility Models, Integrated Circuits and Undisclosed 
Information.  The draft law has been submitted to the World Intellectual Property Organization 
(WIPO) for review.  Yemen will also provide WTO Members with an update of the draft law once it 
is in an advanced stage of review. 
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