RESTRICTED  WORLD TRADE  
ORGANIZATION  WT/ACC/SPEC/YEM/5/Rev.1 
30 June 2010 
 (10-3588) 
Working Party on the 
Accession of Yemen  
 
 
 
DRAFT REPORT OF THE WORKING PARTY ON THE 
ACCESSION OF YEMEN 
TO THE WORLD TRADE ORGANIZATION 
 
Revision  
 
 
  WT/ACC/SPEC/YEM/5/Rev.1 
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  TABLE OF CONTENTS 
 
I. INTRODUCTION ................................................................................................................... .1 
DOCUMENTATION PROVIDED ......................................................................................................1  
INTRODUCTORY STATEMENTS....................................................................................................1  
II. ECONOMIC POLICIES..........................................................................................................2  
- Monetary and Fiscal Policy..................................................................................................... .2 
- Foreign Exchange and Payments ............................................................................................4  
- Investment Regime.............................................................................................................. ......5  
- State Ownership, Privatization and State-Trading Entities .................................................9  
- Pricing Policies ............................................................................................................... .........14  
- Competition Policy............................................................................................................. .....15  
III. FRAMEWORK FOR MAKING AN D ENFORCING POLICIES ....................................15  
- Powers of Executive, Legislative and Judicial Branches of Government ..........................15  
- Authority of Sub-Central Governments ...............................................................................18  
IV. POLICIES AFFECTING TRADE IN GOODS ...................................................................19  
- Trading Rights ................................................................................................................. .......19  
A. IMPORT REGULATIONS....................................................................................................22  
- Ordinary cust oms duties ........................................................................................................ 22 
- Other duties and charges....................................................................................................... .23 
- Tariff rate quotas, tariff exemptions.....................................................................................24  
- Fees and charges for services rendered.................................................................................25  
- Application of internal taxes to imports ...............................................................................28  
- Quantitative import restrictions, includi ng prohibitions, quotas and licensing 
systems ........................................................................................................................ .............30  
- Customs valuation.............................................................................................................. .....37  
- Rules of origin ................................................................................................................ .........40  
- Other customs formalities ...................................................................................................... 42 
- Preshipment inspection ......................................................................................................... .42 
- Anti-dumping, countervailing duties, safeguard regimes ...................................................43  
B. EXPORT REGULATIONS ...................................................................................................43  
- Customs tariffs, fees and charges for serv ices rendered, application of internal 
taxes to exports............................................................................................................... .........43  
- Export rest rictions ............................................................................................................ ......44  
C. INTERNAL POLICIES A FFECTING FOREIGN TRADE IN GOODS .........................45  
- Industrial policy, including subsidies....................................................................................45  
- Technical barriers to trade, standards and certification.....................................................48  WT/ACC/SPEC/YEM/5/Rev.1 
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  - Sanitary and phytosanitary measures...................................................................................57  
- Trade-related investment measures ......................................................................................63  
- Free zones, special economic areas........................................................................................64  
- Government procurement......................................................................................................64  
- Transit........................................................................................................................ ..............65  
- Agricultural policies.......................................................................................................... ......66  
(a) Imports........................................................................................................................ .............66  
(b) Exports........................................................................................................................ .............66  
(c) Internal policies.............................................................................................................. .........66  
- Textiles regime ................................................................................................................ ........67  
V. TRADE-RELATED INTELLECTUAL  PROPERTY REGIME.......................................67  
- GENERAL........................................................................................................................ .......67  
- Industrial property protection...............................................................................................67  
- Responsible agencies for policy formulation and implementation .....................................69  
- Participation in international intellectual property agreements ........................................69  
- Application of national and MFN treatment to foreign nationals......................................70  
- Fees and taxes................................................................................................................. .........70  
- SUBSTANTIVE STANDARDS OF PROTECTION, INCLUDING 
PROCEDURES FOR THE ACQUISITION AND MAINTENANCE OF INTELLECTUAL PROPERTY RIGHTS ...........................................................................71
 
- Copyright and related rights..................................................................................................7 1 
- Trademarks, including  service marks...................................................................................73  
- Geographical indications, including appellations of origin.................................................74  
- Industrial designs............................................................................................................. .......75  
- Patents........................................................................................................................ ..............77  
- Plant variety protection....................................................................................................... ...79 
- Layout designs of integrated circuits ....................................................................................79  
- Requirements on undisclosed information, including trade secrets and test data............79  
- MEASURES TO CONTROL ABUSE OF INTELLECTUAL PROPERTY 
RIGHTS......................................................................................................................... ..........80  
- ENFORCEMENT...................................................................................................................8 0 
- Civil judicial procedures and remedies.................................................................................80  
- Provisional measures ........................................................................................................... ...81 
- Administrative procedures and remedies.............................................................................82  
- Special border measures........................................................................................................ .83 
- Criminal procedures............................................................................................................ ...83 
VI. POLICIES AFFECTING TRADE IN SERVICES..............................................................84   WT/ACC/SPEC/YEM/5/Rev.1 
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  VII. TRANSPARENCY .................................................................................................................88  
- Publication of information on trade......................................................................................88  
- Notifications.................................................................................................................. ...........89  
VIII.  TRADE AGREEMENTS .......................................................................................................89  
CONCLUSIONS .................................................................................................................... ..............90  
ANNEXES ........................................................................................................................ ....................91  
 
  WT/ACC/SPEC/YEM/5/Rev.1 
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  I. INTRODUCTION 
1. The Government of the Republic of Yeme n applied for accession to the World Trade 
Organization (WTO) in April 2000.  At its meeti ng on 17 July 2000, the General Council established 
a Working Party to examine the application of the Government of Yemen to accede to the World 
Trade Organization under Article XII of the Marrake sh Agreement establishing the WTO.  The terms 
of reference and the membership of the Working Party are reproduced in document 
WT/ACC/YEM/2/Rev.[11]. 
2. The Working Party met on 30 November 2004, 3 October 2005, 7 July 2006, 
2 November 2007, 24 October 2008, 3 July 2009, 26 January 2010 and […] under the Chairmanship 
of Mr. Hartmut Röben (Germany). 
DOCUMENTATION PROVIDED 
3. The Working Party had before it, to serve as a basis for its discussions, a Memorandum on the 
Foreign Trade Regime of Yemen (WT/ACC/YEM/ 3), the questions submitted by Members on the 
foreign trade regime of Yemen, together with the replies thereto, and other information provided by 
the authorities of Yemen (WT/ACC/YEM/4 to 6, WT/ACC/YEM/7 and Revision 1, WT/ACC/YEM/8 and Revisions 1, 2 and 3, WT/ACC/YEM/9 and Revisions 1, 2, 3 and 4, WT/ACC/YEM/10, 
WT/ACC/YEM/11 and Revision 1, WT/ACC/YEM/12 and Revision 1, WT/ACC/YEM/13 and 
Revisions 1, 2, 3 and Addendum 1, WT/ACC/YE M/14, WT/ACC/YEM/15 and Revisions 1 and 2, 
WT/ACC/YEM/16, WT/ACC/YEM/17 and Revision 1, WT/ACC/YEM/18, WT/ACC/YEM/19 and Revisions 1 and 2, WT/ACC/YEM/20 a nd Addendum 1, WT/ACC/YEM/21 to 23, 
WT/ACC/YEM/24 and Revisions 1, 2 and 3, WT /ACC/YEM/26, WT/ACC/YEM/27 and Revision 1, 
WT/ACC/YEM/28 to 30, WT/ACC/YEM/31 and Revisions 1 and 2, WT/ACC/YEM/32, WT/ACC/YEM/33 [...]), including the legislative text s and other documentation listed in Annex I.  
INTRODUCTORY STATEMENTS 
4. The representative of Yemen said that his Gove rnment was committed to Yemen's integration 
into the multilateral trading system, and its accession to the WTO as soon as possible.  Ongoing 
reforms complemented Yemen's WTO accession process, with trade liberalization a key component of the reforms.  Following on from a structural ad justment programme launched in 1995, Yemen had 
begun implementation of a poverty reduction progra mme with the assistance of the IMF, the World 
Bank and other development partne rs.  His Government was also a beneficiary of the Enhanced WT/ACC/SPEC/YEM/5/Rev.1 
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  Integrated Framework initiative and looked forw ard to benefiting from tr ade-related technical 
assistance. 
5. He added that Yemen, as a least-developed c ountry (LDC), sought to benefit from all the 
special and differential provisions and the flexib ilities granted to LDCs, including the transitional 
periods and technical assistance foreseen in the WTO Agreements, and the General Council's 
Decision on Guidelines for LDCs Accession (WT/ L/508).  Customs valuation, sanitary and 
phytosanitary measures, technical barriers to trade, and trade-related intellectual property rights were 
areas in which his Government required par ticular assistance and transitional periods. 
6. Members welcomed Yemen's application to join  the WTO and pledged to work constructively 
with Yemen to advance and conclude its accession on appropriate terms.  While appreciating the 
domestic reforms already undertaken, Members note d that further work w as needed to achieve 
compliance with WTO rules and disciplines.  Some Members indicated that they would continue to 
extend technical assistance to facilitate Yemen's ac cession to the WTO.  Yemen's status as an LDC 
was recognized, and in keeping with the guidelin es on LDC accessions, this would be a relevant 
factor in establishing Yemen's terms of accession. 
7. The Working Party reviewed the economic polic ies and foreign trade regime of Yemen and 
the possible terms of a draft Protocol of Accession to the WTO.  The views expressed by Members of 
the Working Party on the various aspects of Ye men's foreign trade regime, and on the terms and 
conditions of Yemen's accession to the WTO, ar e summarized below in paragraphs 8 to [..]. 
II. ECONOMIC POLICIES - Monetary and Fiscal Policy 
8. The representative of Yemen said that the Cent ral Bank of Yemen (CBY) was responsible for 
formulating and implementing monetary policy.  In this regard, the CBY's main objectives were to 
maintain price stability, to provide sufficient liqui dity to the economy, and to establish a stable 
financial system based on market principles. 
9. Law No. 14/2000 "On the Central Bank", La w No. 38/1998 "On Banks", Regulation 
No. 2/1997 "On Provisions and Procedures for Granting Licenses for Banking Activities" and Law 
No. 21/1996 "On Islamic Banks" regulated banki ng activities.  The CBY was responsible for 
monitoring and supervising the ba nking sector, and issuing licenses fo r banking activities.  Currently, 
the banking sector comprised nine Yemeni banks, f our branches of foreign banks and four joint 
venture banks.  WT/ACC/SPEC/YEM/5/Rev.1 
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  10. Reform and development of m onetary and credit policies focussed on reducing inflation; 
containing the growth of money supply; improving the banking system by easing restrictions on 
banking activities; maintaining macroeconomic stability  through low inflation, stability in exchange 
rates, and by building up foreign exchange reserv es; restructuring the public and mixed banking sector 
to stimulate savings, lending and investment; devel oping specialized financial institutions for exports, 
sectoral development, and introducing loans for ta rget groups (women, the poor, etc.); mobilizing 
domestic savings and increasing loans by banks a nd financial institutions to the private sector; 
minimizing the build-up of the Government's fo reign debt, particularly from non-concessional 
sources, and negotiating a new round of debt forgiv eness with the Paris Club; developing financial 
markets through a supportive legislative and institu tional environment; improvi ng the functioning of 
the treasury bills market; and enha ncing the independence of the CBY. 
11. Efforts were ongoing to develop the monetary  policy and monetary system to maintain 
exchange rate stability and control inflation.  The Yemeni rial (YRl) had depreciated by less than 
2 per cent against the US dollar in 2006.  The local currency had been relatively stable over the period 
2007 and 2009, before depreciating by around 10 per cen t against the US dollar in the first quarter of 
2010.  Inflation had been brought down from more than 57 per cent in 1995 to 8 per cent in 2000.  
Since then, inflation had fluctuated year-on-year from a low of 4.3 per cent in 2004 to a high of 22.4 
per cent in 2005, before dropping to 8.8 per cent in 2009.   Interest rates had been relatively stable over 
the same period with benchmark interest earned on deposits currently pegged at 20 per cent and 
lending rates hovering around 27 per cent.  The gr owth in broad money supply (M2) had ranged 
between 14.4 per cent in 2001 and 28.8 per cent in 2006, before dropping to 10.6 per cent in 2009.  
The confidence in the national currency was rising, refl ected in the decline in the level of dollarization 
of the economy (from 52.5 per cent in 2005 to 42 per cent in 2009). 
12. Yemen's fiscal policy aimed at stimulating economic growth.  GDP had grown from 
YRls 1,662 billion in 2001 to YRls 3,207 billion in 2005.  The non-oil sector had been expanding 
steadily during the period, at a pace of 4.5 to 5.5 per cent per year (in constant prices).  Government 
revenue, including aid and grants, had doubled from YRls 553.1 billion to YRls  1,121 billion between 
2001 and 2005.  Expenditure had kept pace with revenue growth and had expanded from YRls 506.7 
billion to nearly YRls 1,159 billion over the same period.   The budget had been in deficit in all years, 
except in 2001.  The ongoing reforms focussed on controlling the budget deficits by limiting the 
growth in current expenditure and financing defici ts from non-inflationary sources; restructuring the 
budget to increase outlays and i nvestment on infrastructure, educ ation and health; developing and 
diversifying the Government's re venue sources and tax base; impr oving tax laws and applying a 
simplified and transparent tax policy; eliminati ng discrimination against domestic production and WT/ACC/SPEC/YEM/5/Rev.1 
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  exports in tax administration; and mobilizing domestic and foreign reso urces to finance public projects.  
Information on Government revenue is summarized in Table 1. 
Table 1:  Government Revenue  
 
Source:  Central Bank of Yemen.  
 
- Foreign Exchange and Payments 
13. The representative of Yemen said that the Centra l Bank, in consultation with the Government, 
formulated and implemented Yemen's foreign ex change regime and policies.  The CBY was 
responsible for simplifying payments procedures, working as a financial agent and advisor to the 
Government, and was the custodian and manager of Yemen's official reserves. 
14. The CBY was also responsible for issuing bank notes and coins.  The legal tender and national 
currency was the Yemeni rial (YRl).  Following  the abolition of a multi-exchange rate system 
in 1996, Yemen had adopted a floating foreign ex change regime.  In April 2010, the prevailing 
exchange rate was YRls 224 per US$1. 
15. Yemen had accepted the obligations of Article VIII of the Articles of Agreement of the 
International Monetary Fund in December 1996.  The CBY did not impose any restrictions on current 
transactions and guaranteed the re mittance of foreigners' earnings resulting from foreign transactions.  
Yemeni nationals or residents could also engage  in capital transactions such as foreign direct 
investment, trading in securities, foreign borrowi ng or lending and mainta ining deposits abroad. 
16. As a result of debt rescheduling with the Paris Club, the foreign debt of Yemen had decreased 
from US$10.5 billion in 1995 to US$4.9 billion in 2000,  before rising to US$6 billion in 2009.  This 
foreign debt rescheduling, coupled with increased  petroleum revenue, had relieved pressure on the 
capital account and increased the current account su rplus.  In 2005, the current account surplus of 
YRls 122.5 billion had more than offset the capital account deficit of YRls 47.8 billion.  Yemen's (Billions of Yemeni Rials) 
Items 2003 2004 2005 2006 
153 187 235 266 
 
64 73 89 100 
43 56 89 112 
42 52 52 36 Tax Revenue of which: 
Income Taxes 
Taxes on Goods and Services Custom Duties  
Other Taxes  4 5 6 17 
Non taxes  31 36 31 85 
Grants  8 16 14 1 
Oil Revenue 480 579 842 1,085 
Total Revenue and Grants  672  818 1,122 1,437  WT/ACC/SPEC/YEM/5/Rev.1 
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  balance of payments had moved from a deficit of YR ls 100.1 billion (2.8 per cent of GDP) in 1998 to 
a surplus of YRls 113.7 billion (3.9 per cent of GD P) in 2005.  The merchandise trade balance had 
moved from a deficit of YRls 72.7 billion in 1995 to  a surplus of nearly YRls 327 billion in 2005.  
Yemen's current account balance moved back to a deficit of 6.3 per cent of GDP in 2007, and 
4.4 per cent in 2008.   
17. In response to a query, the representative of Yemen said that a judicial order was required to 
freeze accounts in local or foreign currency.  A judicial order could be appealed and revoked if 
evidence for the revocation was provided. 
- Investment Regime 
18. The representative of Yemen said that the I nvestment Law No. 22/2002 regulated and 
encouraged foreign and domestic investment in almo st all sectors.  Excluded from the purview of the 
Investment Law were (i) activities considered contra ry to the Shari'a and banned in Yemen such as 
investments in casinos, night clubs, swine and pork pr oducts, and alcoholic beverages; (ii) investment 
in natural resources; (iii) manufacturing of weapons and explosive materials; (iv) industries harming 
the environment or health (his Government was comp iling a list of such industries); (v) investments in 
banks, exchange bureaus and financial companie s governed by the Law No. 38/1998 "On Banks", 
Law No. 21/1996 "On Islamic Banks", Law No. 14/2000 "On the Central Bank", Law No. 19/1995 
"On Financial Exchange", and as amended by Law No. 15/1996; (vi) investments in wholesale and 
retail trade regulated by Commercial Law No. 32/1991, as amended by Law No. 6/1998; (vii) investments in the telecommunications sector governed by the Wired and Wireless 
Telecommunications Law No. 38/1991; (viii) investme nts in the insurance sec tor regulated by Law 
No. 37/1992 "On Supervision and Monitoring of Insu rance Companies and Agents", as amended by 
Law No. 9/1997; and (ix) investments in free zones governed by the Free Zone Law No. 4/1993. 
19. The Investment Law contained no provision requi ring ownership in certain industries to be 
reserved for Yemeni nationals.  Foreign inv estors could establish firms or purchase existing 
enterprises from Yemeni owners in areas where fore ign investment was allowed.  However, Yemen's 
legislation limited foreign equity to 45 per cent in commercial banks, 20 per cent in Islamic banks, 
25 per cent in insurance companies, and 49 per cen t in wholesale and retail establishments.  The 
representative of Yemen considered it impractical to  attempt to draw up a definite list of activities 
considered contrary to Shari'a, but he assured th e Working Party that measures taken in accordance 
with Shari'a principles would be implemented in a non-discriminatory manner.  As for investment in 
natural resources (item (ii)), he noted that explor ation and extraction of oil and gas was governed by 
"Special Agreements" between his Government, repr esented by the Ministry of Oil and Minerals, and WT/ACC/SPEC/YEM/5/Rev.1 
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  the petroleum companies in acco rdance with Article 18 of the Constitution.  The "Special 
Agreements" or "Production Sharing Agreements " covered hydrocarbon ex ploration concessions.  
These agreements were approved by the Council of  Ministers and subsequently forwarded to the 
House of Representatives (Parliament) for ratification and enactment into law.  Yemen applied such 
measures in a similar fashion to other countries ar ound the world and the agreements did not, in his 
opinion, raise concerns under any WTO Agreement.  The exploration and extraction of minerals was 
regulated by the Mines and Quarries Law No. 24/2002.   
20. He added that the General Investment Author ity had been established in 1992, serving as a 
one-stop shop for investment.  The Authority pr ovided data requested by investors; streamlined 
procedures to initiate, expand, de velop and register investment projects in accordance with the 
Investment Law and by-laws; simplified procedures to establish investment companies and their 
branches; and simplified procedures to bring in  foreign expertise not available in Yemen.  
The General Investment Authority considered the in vestment applications together with supporting 
documentation against criteria such as compliance with  applicable technical standards and disciplines; 
commitments to implement the project as per a pproved plans; and ensuring limited or no negative 
environmental impact.  Foreign and domestic inv estors were subject to the same registration 
procedures and requirements.  Applications were pr ocessed within 15 days.  More than 5,000 projects 
had been registered with the Authority between 1992 and 2004 (Table 2).   
Table 2:  Investment Projects Registered with  the General Investment Authority (1992 - 2004)  
Sector  Number of Enterprises 
Industrial  2,532 
Agricultural  503 
Fishery  138 
Services  1,186 
Tourism  679 
Total  5,038 
 
21. Concerning the right of appeal of investment d ecisions, the representative of Yemen said that 
investors could submit objections in writing to th e President of the General Investment Authority 
within 30 days of the notification of the decision.  The appeal should be considered within 20 days of 
submission.  The appeal was considered accepted if  no reply had been received by the end of this 
period, and the relevant decision-making authority was accordingly expected to make the decision 
consistent with the investor's submission.  In case of rejection, the investor was entitled to appeal 
further to the Prime Minister, who would take a decision within 10 days, or to the Council of 
Ministers, which would decide on the matter with in 30 days.  Having exhausted the administrative 
channels of appeal, the investor could al so file an appeal with the courts.   WT/ACC/SPEC/YEM/5/Rev.1 
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  22. Investment disputes could be referred to arbitr ation by written agreement between the parties.  
The arbitrators' decisions had the same power and e ffect as rulings of Yemeni courts.  To settle a 
dispute with the Yemeni Government or State, an  investor could opt for arbitration under Yemeni 
rules and procedures or invoke the procedures of th e Unified Investment Agreement for Arab Capital 
Investment in Arab countries, the International C onvention for the Settlement of Investment Disputes 
between the State and the nationals of another Stat e, the commercial arbitration rules and procedures 
of the United Nations' International Law Committee; or any international or bilateral agreement to 
which Yemen was a signatory.  Yemen had conclude d bilateral investment treaties with Algeria, 
Austria, Belarus, Belgium, Bulg aria, China, Croatia, Djibouti, Egypt, Eritrea, Ethiopia, France, 
Germany, Hungary, India, Indonesia, Iran, Italy,  Jordan, People's Democrat ic Republic of Korea, 
Kuwait, Lebanon, Malaysia, Mauritania, Mongolia, Morocco, Netherlands, Oman, Pakistan, Qatar, 
Romania, Russia, South Africa, Sudan, Sweden, Syria, Tunisia, Turkey, Ukraine, United Arab 
Emirates and the United Kingdom.  Yemen was a me mber of the International Convention for the 
Settlement of Investment Disputes and the Islamic Corporation Agreement for Investment Guarantee 
and Export Credit.  However, Yemen was not a party to the Convention on the Recognition and 
Enforcement of Foreign Arbitral Awards.   
23. Guarantees and other benefits accorded to investment pursuant to the Investment Law 
included (i) non-discrimination and equality for Yemeni and foreign investors with respect to rights, obligations, rules and procedures; (ii) guarantees ag ainst nationalization of investment projects or 
confiscation by any decision other than a judicial  order; (iii) allowing all investors 100 per cent 
ownership of an investment project, including any real  estate associated with it; (iv) full freedom to 
manage the projects and export any resulting goods or services without limitations; (v) allowing 
insurance of investments against non-commercial risks at any international institution of which 
Yemen was a member; and (vi) free transfer of foreign currency in cash to or from Yemen, or re-export of the capital invested whether in kind or in  cash, in case of liquidation or disposal of the 
project.  In case of expropriation, foreign invest ors were entitled to the same compensation as that 
offered to domestic investors according to Article 5 of the Investment Law.  The Investment Law 
permitted investors to employ foreign nationals accordi ng to the needs identified in the project's list of 
requirements.  Non-Yemeni pers onnel could be granted three-year  renewable work permits and 
residence visas upon the recommendation of the General Investment Authority.   
24. The Investment Law also contained provisions for granting tax and import duty exemptions 
(Articles 18, 20, 21, 23 and 26).  All industries covere d by the Law could avail of the tax exemptions.  
The value of the fixed assets of the project should exceed YRls 50 million; except in agriculture and 
for small projects with at least 10 employees.  Incentives for tourist establishments and housing WT/ACC/SPEC/YEM/5/Rev.1 
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  projects were contingent upon the hotel having no lower than a three star rating and the housing 
project having at least fifty housing units.  App lications for exemptions with supporting documents 
(the project's registration certificate and documents proving commercial registration and the start-up 
of production) had to be submitted within 90 days of commencing operations.  The General 
Investment Authority verified that the project fu lfilled the conditions to benefit from the incentives, 
and issued a tax exemption certificate within 60 da ys upon receipt of the application and supporting 
documentation.  The rights of the investor would not  be prejudiced in the unlik ely event that the issue 
of the tax exemption certificate was being delayed.   Tax and customs duty exemptions were granted 
for fixed assets included in the investment projects and inputs to fisheries, livestock and agricultural 
production.  A 50 per cent reduction in customs duties was available for inputs used in other sectors or 
projects.  Spare parts accounting for no more than 10 per cent of the fixed assets were exempted from 
customs duty.  Means of transport were duty exempt if  they formed an integral part of the investment 
(e.g. buses for tourism). 
25. The duration of exemptions from property taxes and fees, the income tax on dividends, the 
profit tax, fees and taxes on exports, etc. ranged from 7 to 16 years depe nding on the location of 
project, the percentage of Yemeni ownership in join t stock companies, and local content in the fixed 
assets.  To encourage investment in  remote areas an additional two-y ear tax exemption was granted to 
projects located outside a 20 to 25 kilometre radius of the cities of Aden, Hodidah, Mukalla, Sana'a 
and Taiz.  Investments in joint stock companies were entitled to an extra two-year tax exemption when at least 25 per cent of the equity was owne d by Yemenis.  An additional two years of tax 
exemption could also be accorded to investments with a local component of not less than 25 per cent 
of the total fixed assets (Article 21 (c)).  The Gene ral Investment Authority could deny applications 
for duty and tax exemptions if equi valent fixed assets could be sourced locally (Article 18 (f)).  Tax 
exemptions could be carried forward for up to th ree years for projects incurring losses.  The tax 
exemptions could also be applied proportionally in case of project expansions.  Profits from exports 
were not taxed even after the exemption period had lapsed.   
26. Some Members noted that Yemen appeared to  apply investment incentives discriminating 
against foreign investors and contingent upon expo rt or the use of local content, reminding Yemen 
that the Agreement on Subsidies and Counterva iling Measures did not exempt LDCs from the 
prohibition of local content subsidies.  Yemen was urged to abolish such criteria from its investment 
incentives regime and to equalize the treatment of foreign and domestic investors.  In particular, 
Yemen was requested to consider the eliminatio n of the additional tax exemption granted to 
investment projects with at least 25 per cent Yeme ni equity; to examine alternatives to the use of  WT/ACC/SPEC/YEM/5/Rev.1 
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  export subsidies in its investment regime; and to notify and provide a timetable for phasing out 
prohibited investment incentives contingent up on the use of domestic over imported goods.   
27. In reply, the representative of Yemen pr ovided a subsidies notification in document 
WT/ACC/YEM/29, and an action plan for eliminating subsidies contingent upon the use of domestic 
over imported goods in documents WT/ACC/YEM/ 27 and its Revision 1.  He said that his 
Government had reviewed the Investment Law for consistency with WTO requi rements.  A new draft 
Investment Law had been presented to the House of  Representatives (Parliament) for enactment in the 
second half of 2010.  He considered the investment  incentives provided to be general in nature and 
not specifically targeted to any industry.  In his opinion, these in centives were accorded to local and 
foreign investors without discrimination and in accordance with the flexib ilities allowed for LDCs 
within the WTO framework.  He added that the ne w draft Investment Law would eliminate the local 
content based incentives provided for in Investment Law No. 22/2002.   
28. Having examined a draft of the new Investment  Law, a Member noted that enterprises with 
investments already in operation would continue rece iving all the benefits and investment incentives 
granted under Law No. 22/2002 till the end of their exem ption period (Article 29.1 (a)).  Investment 
projects in the pipeline, and registered pursuant to Law No. 22/2002, would also be granted tax and 
duty exemptions if operations started within one y ear from the date the new Investment Law entered 
into force (Article 29.1 (b)).  In response, the representative of Yemen acknowledged that investment 
projects established pursuant to Investment Law No . 22/2002 would continue to benefit from the tax 
and import duty exemptions already granted until the end of their exemption period.  The new 
Investment Law would come into effect upon publica tion in the Official Gazette.  New investments 
would subsequently operate on the basis of the new legislation.  
- State Ownership, Privatization and State-Trading Entities 
29. The representative of Yemen said that State-owne d enterprises played a minimal role in the 
national economy.  Although data was scarce, he estimated that State-owned enterprises in the 
industrial sector accounted for approximately 1.2 per cent of the number of firms and around 
10 per cent of the output of the sector in 2005.   The operation of State-owned enterprises was 
governed by Law No. 35/1991 "On Public Authorities,  Corporations and Companies", as amended by 
Law No. 7/1997, or by the decrees establishing th ese enterprises.  The degree of State-ownership 
differed from one enterprise to another, as shown in Table 3.   
30. Asked whether the State-owned enterprises faced private sector competition, he said that the 
majority of them operated on free market principles.  However, monopolies had been established for WT/ACC/SPEC/YEM/5/Rev.1 
Page 10 
 
 
  fixed-line telephone services (the Public Te lecommunication Corporation), international 
telecommunication services (TeleYemen), electric ity production and distribution (the Public 
Electricity Corporation), and water and sewage (the  Public Corporation of Water and Sanitation).  
Yemen had no plans to break up the existing monopoli es, but would allow private sector participation 
gradually to ensure universal access to essential servi ces.  In this regard, public-private partnership 
had been introduced in the power sector with the private sector generating electricity for sale and 
distribution by the Public Electricity Corporation.   
31. The decree establishing a State-owned enterpri se stipulated the appointment mechanism for 
the members of the board.  As a general rule, the President or the Prime Minister would appoint the 
entire board for wholly-owned State enterprises.  In  part-owned enterprises with a majority State 
holding, the Council of Ministers approved the comp any's regulations and the President or Prime 
Minister appointed the chairman and the member s representing the Government as owner, while the 
private sector members were elected by the general a ssembly of the enterprise.  The formation of the 
Board of Directors and decision making in enterp rises with Government ownership of less than 
50 per cent was subject to the firm's Articles of Association.  These companies operated in a manner similar to private enterprises.  Questioned about th e corporate governance rules applied to wholly and 
partly-owned State enterprises - i.e. the type of d ecisions taken by the Board of Directors, how these 
decisions were made, whether written minutes were kept  of Board meetings and made available to the 
shareholders or the public, and whether State-owned enterprises issued annual reports available to the 
public - the representative of Yemen said that the Boards of Directors established the policies and 
objectives of the institutions; approved investment  plans; endorsed administrative and financial 
regulations; approved the annual fi nancial plan of the entity, the general budget, fiscal accounts and 
the annual inventory; decided on contracts regarding investments, loans and credits; appointed branch 
managers; and approved studies, recommendations, pr oposals and draft decisions for consideration of 
the Minister or the Prime Minister.  Decisions we re taken by majority voting, and minutes of the 
meetings and annual reports were  made available to the shareholder(s).  State-owned and 
State-controlled enterprises were subject to intern ational accounting standard s, and an independent 
audit was required by Yemeni law.  The enterprise s were also subject to the provisions governing 
bankruptcy in Articles 570-823 of Commercial Law No. 32/1991. 
32. Asked whether State-owned and State-controlle d enterprises were subject to Law No. 3/1997 
"On Government Bids, Tenders and Warehouses" and how these enterprises made purchases for 
operational purposes, he said that the Law excluded from the enforcement of its provisions units of 
the public sector "with productive nature" and unit s of the "mixed" sector in recognition of the  WT/ACC/SPEC/YEM/5/Rev.1 
 Page 11 
 
 
  commercial nature of their activities, and other le gislation governing the establishment and operations 
of such enterprises.   
33. As for privatization, the representative of Yemen said that privatization was carried out within 
the framework of his Government's economic reform programme, the national poverty reduction 
strategy, and economic needs.  Legislation related to privatization included the Decree No. 150/1994 
"On Privatization of Public Institutions"; Decree No. 8/1995 "On Regulatory and Executive 
Procedures for Privatization"; Republican Decree No. 399/1999; and Law No. 45/1999 
"On Privatization".  The legislation had been adopted to regulate and streamline privatization 
procedures; limit or redefine the role of the St ate in the management of the economy; reduce the 
expenditure and increase the efficiency of State-ow ned enterprises; encourage private investment and 
ownership; and enhance the inflow of investme nt and advanced technology.  Local and foreign 
investors enjoyed equal opportunities to participat e in the privatization process.  Information on 
enterprises having been privatized, liquidated or unde rgoing privatization is provided in Table 4.  
None of these enterprises were bankrupt as defi ned in Articles 570-823 of the Commercial Law 
No. 32/1991.  Yemen had no fixed timetable for the completion of its privatization process.   
34. Privatization was carried out pursuant to Artic le 5 of Law No. 45/1999 by offering shares for 
public subscription; partial or complete sale to the employees; sale of assets or components; capital 
and operational partnershi ps; management contracts and leases; sale of State-owned shares in the 
mixed sector provided this did not contravene la ws or create monopolies; and denationalization or 
return of State-owned units to the previous owners.   
35. All privatizations involving either a partial or full transfer of ownership were subject to the 
Council of Ministers' approval.  The Supreme Committee for Privatization - chaired by the Prime Minister and comprising the Ministers involved in  privatization - together with the Technical 
Privatization Office (TPO) had been established to  ensure that privatization procedures were 
standardized, transparent, neutral and non-discrimin atory.  The TPO provided technical information 
and inputs (e.g. studies, proposals, design of privatization programmes, tendering procedures and 
contracts), and was the technical body servicing the Supreme Committee for Privatization.   
36. The functions of the Supreme Committee for Pr ivatization included (i) approving studies and 
proposals to assist decision-making and evaluation of  the privatization approach or methods under 
consideration; (ii) approving executive programmes,  documents and contracts drafted in accordance 
with the privatization procedures or methods spec ified in Article 5 of Law No. 45/1999.  These 
documents were submitted to the Council of Minist ers for final approval; (iii) appointing temporary 
members to the Executive Board of Directors in ente rprises slated for privatization; (iv) addressing WT/ACC/SPEC/YEM/5/Rev.1 
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  the financial, administrative and legal aspects of units being privatized; (v) approving proposals for 
the liquidation, merger or division of units and br anches, if this was deemed necessary, and served 
economic or institutional interests;  and (vi) approving designs of privatization programmes prepared 
by the TPO, covering all phases of the privatizati on process from the preparatory phase to the final 
execution of the project.  He added that the t asks and functions of the Supreme Committee for 
Privatization were being modified in a dr aft amendment to the Law No. 45/1999.   
37. The representative of Yemen said that the TPO published announcements on privatization in 
"Althowrah" and "14th of October" - two daily newspapers with  wide circulation in Yemen - to ensure 
transparency in the privatization process.  The la w allowed the publication process to include all mass 
media, including the Internet.  The TPO provided l eaflets describing the unit under privatization to 
potential investors.  The TPO also offered potential investors an opportunity to visit and inspect the 
enterprises to enable the investors to make appropriate bids. 
38. The representative of Yemen said that all St ate-owned enterprises operated on an equal 
footing with the private sector and on the basis of  market forces and principles.  In his view, no 
exclusive rights or privileges within the purview of Article XVII of the GATT 1994 were accorded to 
any enterprise.  Reminded that the obligations of Article XVII of the GATT 1994 applied to all 
State-owned or controlled enterprises regardless of  their privileged trading status, he confirmed 
Yemen's commitment to Article XVII of the GATT 1994.  
39. Responding to specific questions, he added that  the Yemen General Corporation for Oil and 
Gas (GCOG), owned by the Ministry of Oil and Natural Resources, was a State-owned holding 
company responsible for industry re gulation and all imports and exports of crude oil, natural gas and 
petroleum products.  In this respect, the holding co mpany and its affiliates - the Yemen Oil Company, 
the Yemeni Company for Distribution of Oil Deri vatives, the Aden Refinery Company, the Yemen 
Gas Company and the Yemen Refining Company - he ld exclusive rights in the exploration, 
distribution, refining, processing, marketing, im portation and exportation of oil, gas and refined 
petroleum.  The holding company was exempt from pa yment of all customs duties and taxes.  Trading 
in petroleum products was supervised to conserve an  exhaustible natural resour ce and to rationalize its 
use.  Asked how the General Corporation could dete rmine the quantity of imports of crude oil and its 
derivatives in a transparent, objective and non- discriminatory manner when such goods were 
competing directly with the products of its affilia tes, the representative of Yemen said that the GCOG 
determined the quantity of crude oil and deri vatives required for domestic consumption through 
market research and in consultation with ot her institutions and Government bodies.  Local 
consumption of petroleum products was forecast annua lly on the basis of consumption in the previous  WT/ACC/SPEC/YEM/5/Rev.1 
 Page 13 
 
 
  year, adjusted for the estimated growth (5-10 pe r cent) in domestic demand.  The estimates were 
forwarded to the Aden Refinery Company, which su pplied up to 90 per cent of the petroleum products 
needed to satisfy domestic demand.  The balance was covered by the Marib refinery or through 
imports.  The imported quantity depended on the size of the estimated deficit and available storage 
capacity.  Domestic production was set to expand with  two privately-owned refineries in the pipeline.  
All petrol stations, private or State owned, pur chased petroleum products from the Yemeni Company 
for Distribution of Oil Derivatives.  Importation of  petrochemical products was handled by the private 
sector.   
40. Noting that the General Corporation in effect appeared to be controlling the importation of 
goods competing directly with the output of its aff iliates, a Member requested further information on 
how import needs were determined and the m echanism whereby imports were permitted.  
This Member suggested that Yemen could consider  creating a State-trading enterprise not affiliated 
with the General Corporation to set import qua ntities.  Yemen was also reminded that a GCOG 
affiliate being the sole distributor of derivatives to  certain customers could constitute a State-trading 
enterprise for the goods involved, in which cas e Yemen should explain how it ensured imported 
derivatives equal opportunity to compete with Yemeni derivatives. 
41. In reply, the representative of Yemen referred specifically to the importation of diesel and 
liquefied petroleum gas.  The private sector ha d no incentive to import these petroleum products as 
they were sold at prices below world market levels in Yemen.  As the two products were subsidized 
by the Treasury, the Ministry of Oil and Minerals  determined the imported quantities in consultation 
with the Ministry of Finance.  The Ministry th en assigned the respective GCOG affiliate to purchase 
and distribute the imports.  The decision on where to source the imports from were based on commercial considerations.  The private sector  imported non-subsidized petroleum products. 
42. Based on the available information, some Members considered the Yemen General 
Corporation for Oil and Gas a State-trading enterprise in the meaning of Article XVII of the 
GATT 1994.  In response, the representative of Yemen agreed to notify the Yemen General 
Corporation for Oil and Gas as a State-trading enterprise upon accession.   
43. The representative of Yemen confirmed that from the date of accession Yemen would ensure 
that all State-owned, State-controlled, and other en terprises with special or exclusive privileges would 
make purchases of goods and services, which were not  intended for governmental use, and sales in 
international trade, based solely on commercial cons iderations, e.g. price, quality, marketability and 
availability, and that the enterprises of other WTO Members would have an adequate opportunity in 
accordance with customary practice to compete for such purchases or sales.  In addition, Yemen WT/ACC/SPEC/YEM/5/Rev.1 
Page 14 
 
 
  would not influence, directly or indirectly, co mmercial decisions on the part of State-owned, 
State-controlled, and other enterprises with special or exclusive privileges, including on the quantity, 
value or country of origin of an y goods purchased or sold, except in a manner consistent with the 
WTO Agreement.  The representative of Yemen confirmed that upon accession Yemen also would 
notify and provide information on the activities of all State-owned, State- controlled, and other 
enterprises with special or exclus ive privileges in accordance with Article XVII of the GATT and the 
Understanding on that Article.  The Working Party took note of these commitments.  
- Pricing Policies 
44. The representative of Yemen said that prices of goods and services supplied by the private 
sector were governed by market forces and not su bject to Government intervention.  For goods and 
services provided by State-owned enterprises, his Government determined the prices of oil 
derivatives, fixed telephone service s and public goods or essential ser vices such as water, sewage and 
electricity to accommodate the general public and, in particular, the poor and lower-income segments 
of the population.  The legal basis for the price controls on these items was the decree establishing 
each enterprise.  Some products were subsidized, not ably oil derivatives, while the prices of other 
products included a modest profit margin.  All cons umers paid the same prices for these products.   
45. His Government had reviewed the price regula tions on petroleum products with a view to 
further liberalization.  The prices of turbine aircraft fuel and fuel oil had been liberalized.  By the first 
quarter of 2010, Yemen had reduced the subsidies and brought the administered prices more in line 
with international prices, raising the price (per litr e) of petrol from 35 to 70 YRls; diesel from 17 to 
45 YRls; kerosene from 16 to 40 YRls; and LPG fr om 205 to 1,000 YRls per cylinder.  All other 
petroleum products were sold at international mark et prices.  Crude oil had been exported at an 
average price of US$62.93 per barrel in 2006.  Yemen's oil production had declined steadily from 
160 million barrels in 2001 to 133 million barrels in 2 006.  Local consumption of petroleum products 
had amounted to 5 million tonnes in 2006, and expor ts of oil had totalled 63.6 million barrels.   
46. [The representative of Yemen confirmed that, from the date of accession, price controls in 
Yemen would be applied in comp liance with Articles III:4 and XI:1 of the GATT 1994 and Article 4 
of the Agreement on Agriculture.  He also confir med that Yemen would apply price controls in a 
WTO-consistent fashion, including by taking into  account the interests of exporting WTO Members 
as provided for in Article III:9 of the GATT 1994.  He further confirmed that Yemen would publish 
the list of goods and services subject to State price c ontrol and any changes to this list in its Official 
Gazette and would continue to do so after access ion.  The Working Party took note of these 
commitments.]  WT/ACC/SPEC/YEM/5/Rev.1 
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  - Competition Policy 
47. The representative of Yemen said that Law No. 19/1999 "On Competition Promotion, 
Monopoly, and Commercial Deception Prevention" provided the legislative basis for promoting 
competition and preventing monopolistic behaviour and deceptive trade pr actices in Yemen.  
The Law excluded from its scope provisional measures taken by the Council of Ministers in emergency or force majeure  instances; rights conferred through th e protection of intellectual property; 
the activities of commercial enterprises linked to the Government through valid concession 
agreements; State monopolies; commercial agencies ; and franchising or licensing agreements with 
foreign producers.   
48. Law No. 19/1999 established a Government aut hority - the "Anti-Monopoly and Competition 
Protection Authority" - to define the policies and procedures needed to protect and encourage 
competition.  The Authority could intervene agains t monopolistic or anti-competitive behaviour in the 
form of monopolies; cartels; agreements limiting pr oduction, trade or competition in various forms;  
price fixing; collusion etc.  Individuals and enterprises could bring complaints against restrictive business practices to the Authority, which would investigate the claims.  Having established the merits of a claim, the Authority would approach th e Ministry of Industry and Trade to hand over the 
matter to the general prosecutor for further inves tigation and action before the court against the 
perpetrator.  A new draft Law "On Monopoly and Anti-Competitive Behaviour" was being reviewed 
and expected to be enacted in 2010.   
III. FRAMEWORK FOR MAKING AND ENFORCING POLICIES - Powers of Executive, Legislative and Judicial Branches of Government 
49. The representative of Yemen said that the Presi dent was the Head of State in Yemen.  
The President was elected for sev en-year terms.  The President, together with the Council of 
Ministers, exercised executive power in accord ance with the provisions of the Constitution.  
The President endorsed the agreements falling within  the jurisdiction of the Council of Ministers.  
In coordination with the Government, the Presi dent set out State policy and supervised the 
implementation of the Government's policies.   
50. The Council of Minister s was the highest executive and admi nistrative body.  Tasks carried out 
by the Council of Ministers included preparing th e Final Accounts Statements, the State Economic 
Plan, the annual public budget, and supervising the implementation of the annual budget.  The Council WT/ACC/SPEC/YEM/5/Rev.1 
Page 16 
 
 
  of Ministers was also responsible for drafting la ws, decrees, and a pproving treaties and agreements 
before submitting them to the House of Representatives or President for ratification and endorsement.   
51. The House of Representatives, whose 301 members were elected for six-year terms, was the 
legislative branch of the State.  Pursuant to the Constitution, all laws had to be enacted by the House 
of Representatives.  Members of the House of Representatives approved the Government's economic 
and social development plans, the annual public  budget, the Final Accounts Statements, etc.  
The President issued the decisions or decrees on treaties and agreements ratified by the House of 
Representatives.  In addition to the House of Re presentatives, the Shura (Consultative) Council had 
been established by Presidential Decree and comprise d 111 members.  Members of the Shura Council 
were appointed by the President and were neither  members of the House of Representatives nor local 
councils.  The Shura Council made recommendations and commissioned studies to assist the 
Government in drawing up its  development strategies.   
52. The judiciary was an independent, financia lly and administratively distinct power.  
Interference in legal proceedings  or any attempt to influence rulings was a criminal offence 
punishable by law.  Judges were nominated by th e Minister of Justice, approved by the Supreme 
Judge Council and appointed by Republican Decree.  Judges were required to meet the qualifications 
stipulated in the Judicial Authority Law No. 1/1990.  Courts were responsible for settling all disputes.  
As set out in the Judicial Authority Law, courts we re divided into Primary Courts, Courts of Appeal 
and the Supreme Court.  Furthermore, Repub lican Decree No. 378/1999 established Commercial 
Courts (primary level) and the Departments of Ap peal.  Commercial Courts were specialized courts 
handling claims and disputes of a commercial nature  while the Civil Courts had general jurisdiction 
on non-commercial disputes.  Judges at the Commerc ial Courts and the Commercial Department of 
Appeal were selected on the basis of expertise in commercial law and transactions.  Commercial Courts and Appellate Courts were located in Sana'a and in the cities of Aden, Taiz, Mukala and 
Hodieda.  The mandate of these courts extend ed to all the Governorates in Yemen.   
53. The Civil Procedure and Enforcement Law No. 40/2002 governed the filing, processing, 
adjudication, appeal and enforcement of civil a nd commercial cases.  Enforcement of civil cases was 
carried out through fines, detention, seizure, recei vership, etc.  Public authorities were obliged to 
assist in the enforcement of court rulings.  Crimin al cases were prosecuted in the Primary Courts and 
appealed in the Courts of Appeal as stipulated in Republican Decree Law No. 13/1994 "On Criminal 
Procedures".  Civil and criminal case rulings could be  appealed within 60 days of the court's decision 
through petitions for reconsideration; and cass ation through appeals in the Supreme Court.  
The rulings of the Supreme Court were final.  The time required by a court to reach a final decision  WT/ACC/SPEC/YEM/5/Rev.1 
 Page 17 
 
 
  depended on the nature of the case; Article 243 of the Civil Procedure and Enforcement Law provided 
for expedited procedures in urgent cases.   
54. Arbitration was conducted in accordance with Republican Decree Law No. 22/1992 
"On Commercial Arbitration" and enforced in line with the procedures and provisions of the Civil Procedure and Enforcement Law.  The recourse to  arbitration could be stipulated in the written 
contract between the parties or be concluded in a separate written agreement.  The agreement to refer 
a matter to arbitration was binding, and implied that th e parties waived their right to resort to the court 
system.  The parties to the dispute chose the me mbers of the arbitration panel, which could hold 
hearings or seek expert opinions before issuing its decision in writing.  Arbitration decisions were 
binding and enforced by the courts pursuant to Article 58 of Decree Law No. 22/1992.  He added that a new Law "On Arbitration" was before the House of  Representatives and expected to be in force by 
mid-2010.   
55. In accordance with the Constitution, Yemen' s accession to international agreements or 
conventions required the endorsement of the Counc il of Ministers, approval in the House of 
Representatives, and Presidential ratification.  The President would ratify the agreement and issue a 
law or decree, which would be published in the O fficial Gazette.  The provi sions of international 
agreements approved by the House of Representatives and ratified and signed by the President were 
considered part of the domestic law.  His G overnment implemented th e ratified international 
agreements by deploying the same mechanisms a nd instruments available to implement domestic 
laws.  As outlined in the provisional legisla tive action plan (document WT/ACC/YEM/9 and its 
Revisions), domestic ratification of the WTO accession package was expected to take up to 
six months.   
56. In reviewing the action plans, a Member noted that Yemen did not foresee enactment of 
WTO-consistent legislation in a number of areas until after WTO membership.  Yemen was requested to 
enact the legislation needed to bring its trade regi me in conformity with WTO requirements by the date 
of accession even if full implemen tation of certain WTO obligations, a nd entry into force of legislation 
was over a transitional period outlined in the relevant action plans.  The representative of Yemen replied 
that Yemen planned to enact WTO-compliant legislation by the date of accession.  Implementation would be phased in over transition periods as specified in the relevant action plans.  
57. The Ministry of Industry and Trade was respon sible for formulating and implementing Yemen's 
trade policies.  Other relevant Ministries and agen cies were the Ministry of  Planning and Development; 
the Ministry of Finance; the Customs Authority and Taxation Authority, supervised by the Ministry of 
Finance; the Central Bank of Yemen; the Ministry  of Agriculture and Irrigation; the Ministry of WT/ACC/SPEC/YEM/5/Rev.1 
Page 18 
 
 
  Fisheries; the Ministry of Tourism and Environment;  the Ministry of Communi cations; the Ministry of 
Public Health and Population; the Ministry of Soci al Affairs and Labour; the Ministry of Culture; and 
the Ministry of Transportati on and Maritime Affairs.   
58. The representative of Yemen confirmed that the current Constitution, laws and regulations 
provide the necessary institutional base for the prom pt administrative and judicial review of the 
Government's actions.  He further confirmed that from the date of accession Yemen's laws would provide for the right to appeal administrative ru lings on matters subject to WTO provisions to the 
courts or other independent tribuna ls in conformity with WTO obligations, including those set out in 
Article X of the GATT 1994, Article 23 of the Ag reement on Subsidies and Countervailing Measures, 
Article 11 of the Agreement on Implementation of  Article VII of the GATT 1994, Article 62 of 
the Agreement on Trade-Related Aspects of Intellect ual Property Rights and Article VI of GATS.  
The tribunals or procedures would also include act ions relating to the im plementation of national 
treatment, conformity assessment, the regulation, control, supply or promotion of a service, including the grant or denial of a licence to provide a servi ce and other matters.  Th e tribunals or procedures 
responsible for such reviews woul d be impartial and independent of the agency entrusted with 
administrative enforcement and shall not have any subs tantial interest in the outcome of the matter.  
The review procedure would include the opportunity  for appeal, without penalty, by individuals or 
enterprises affected by any administrative action subj ect to review.  Notice of the decision on appeal 
would be given to the appellant and the reasons for such a decision would be provided in writing.  The 
Working Party took note of these commitments. 
- Authority of Sub-Central Governments 
59. The representative of Yemen said that the Lo cal Councils Law No. 4/2000 outlined the 
authority of the central government to draw up genera l policies; formulate rules and regulations; train, 
supervise and implement nation-wide projects; an d, upon request, to implement projects local 
councils found difficult to execute.  He stated that  the central government had full control and powers 
to implement the requirements of the WTO Agr eements.  The central gove rnment retained the 
authority to impose taxes, investment regulations, and the granting of benefits, and local authorities 
had no jurisdiction on these matters.  Sub-central au thorities did, however, have jurisdiction on land 
allocation and zoning decisions.   
60. [The representative of Yemen confirmed that, upon accession, Yemen would apply WTO 
provisions and Yemen's Protocol of Accession unifo rmly throughout the entire customs territory, 
[including in special economic zones, and other areas where special regimes for tariffs, taxes and 
regulations were established].  He further confirme d that when appraised or alerted of a situation  WT/ACC/SPEC/YEM/5/Rev.1 
 Page 19 
 
 
  where WTO provisions were not being applied or were applied in a non-uniform manner, central 
authorities would act to enforce WTO provisions [without requiring affected parties to petition 
through the courts].  The Working Part y took note of these commitments.]   
IV. POLICIES AFFECTING TRADE IN GOODS 
- Trading Rights 
61. The representative of Yemen said that all natu ral or legal persons wishing to engage in 
importation were required to register with the Ge neral Directorate for Commercial Registration under 
the Ministry of Industry and Trade.  Exporters we re also required to obtain a Commercial Registration 
Permit (Export Category) from the branches of the Mini stry of Industry and Trade to engage in export 
activities.  Decision No. 314/1996 outlined the commercial registration requirements for importers and exporters.  The registration fee depended on the legal form of the registered entity, i.e. individual 
merchant (YRls 15,000); joint stock company (YRl s 20,000); limited liability company or general 
partnership (YRls 15,000); limited partnership (YRls 10,000); and agency or branch of a foreign 
company (YRls 30,000).  The fee covered a period of  five years and re-registration was automatic 
upon payment of the same fees.  These and other fe es in connection with importation are discussed 
further in the section on "Fees and charges for services rendered" and Table 8. 
62. In his view, the registration requirements fo r importation and exportation were simplified, 
inexpensive and a convenient regulatory require ment.  The registration procedures could be 
completed within one week.  The application and supporting documents were submitted to the 
General Directorate for Commercial Registration or to  the Registration Departments at the Ministry of 
Industry and Trade's Governorate offices.  For individual traders or natural persons, supporting 
documents included a copy of their Yemeni ID card or passport; proof of fixed premises in Yemen; 
and possession of a municipal commercial licence (a business licence not specifically related to importation and exportation).  Commercial compani es (partnerships, limited liability, joint stock 
companies, etc.) were required to submit a copy of their articles of association; and the memorandum 
of association (for joint stock companies).  A Minist erial Decision on the regist ration of the firm was 
subsequently issued.  The Minister's approval of  the establishment of a firm for importation was 
obtained by submitting an application together with  copies of IDs or passports of the company's 
founders; a bank certificate declaring the capital asset s; and the firm's articles and memorandum of 
association.  He stressed that a trading company registered only once to practice all the activities 
described in its memorandum of association and ar ticles of association.  Renewal of commercial 
registration was automatic and did not  require ministerial approval.  WT/ACC/SPEC/YEM/5/Rev.1 
Page 20 
 
 
  63. Asked whether every business operating in Yemen needed registration and had its registration 
approved by a Minister, and whether Yemen ha d any intention to streamline its commercial 
registration procedures to make them less burdensom e for importers and investors, the representative 
of Yemen said that the establishment of a joint-stoc k company required a decr ee issued by the Prime 
Minister and, when the underwriting had been comp leted, a ministerial decree to allow the company 
to commence operation.  Limited liability compani es and closed-stock companies also needed to 
obtain a ministerial decree, while joint liability co mpanies and limited partnerships did not need a 
ministerial decree for commercial registration.   
64. Concerning the right to engage in importation or exportation, the representative of Yemen 
said that Yemeni nationals had the right to impor t for commercial use.  Although Yemen recognized 
the distinction between the right to import and the right to distribute goods, a non-resident entity was 
not permitted to register as an importer of reco rd (Article 11 of Commercial Registrar Law).  
A foreign company wishing to engage in  import operations would need to establish a Yemeni company or appoint an agent based in Yemen.  Foreign-owned enterprises established in Yemen had 
the right to import products related to their activities.   
65. Several Members questioned Yemen's policy to reserve importation for Yemeni nationals.  
In addition, the requirement that an importer be a Yemeni resident went against the fundamental right 
of the WTO to import goods without investing in a member country.  Article III of the GATT 1994 required imported products to have access to the same channels of distribution as domestic like 
products with no requirements or c onditions imposed on such importation unless also applied to like 
domestic products.  Yemeni products appeared to be sold directly to consumers.  Article XI of 
the GATT 1994 conveyed upon natural and legal persons  of any WTO Member the right to trade with 
any natural and legal person of any other WTO Me mber.  The practice of limiting importation and 
exportation rights to Yemeni natura l and legal persons explicitly di scriminated against natural and 
legal persons of other WTO Members, limited the competition in trade in goods, and created a 
de facto  quantitative restriction on trade.  The physi cal presence requirement appeared to be an 
onerous condition going beyond what was permitted  under the GATT Article XI.  Yemen's policy 
would need to be altered to reflect Articles III a nd XI of the GATT 1994.  Some Members also noted 
that the registration fees for importation and exporta tion did not seem to reflect the costs of services 
rendered.  Although the registration requirements were the same for all types of commercial 
companies, the fees were not identical, being highest  for agencies or branches of a foreign company.  
Yemen was urged to bring its registration fees in to conformity with Articles III and VIII of the 
GATT 1994 and set them to the level reflecting the services rendered regardless of the nationality and 
legal form of the companies concerned.    WT/ACC/SPEC/YEM/5/Rev.1 
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  66. The representative of Yemen replied that me asures restricting the importation of goods to 
Yemeni nationals or companies established in Ye men were applied across-the-board to encourage 
Yemeni nationals and enterprises to  engage in economic activities.  In his view, physical presence was 
required to ensure the payment of taxes, complia nce with import regulations, consumer protection, 
and the provision of after-sale services in Yeme n.  However, his Government was reviewing its 
trading rights regime and the commitments to be undert aken in this area.  In this regard, Article 28 of 
the Commercial Law had been amended to eliminat e the 49 per cent cap on the foreign share in a 
trading enterprise and thereby allow foreigners to establish a trading company without a Yemeni 
partner.  As for the registration fees, his authorities were revising the fees to ensure conformity with 
WTO requirements.  The representative of Ye men presented an action plan in document 
WT/ACC/YEM/24 and its revisions and requested a transition period and technical assistance to 
introduce or amend legislation, e nhance the capacity of instituti ons and develop mechanisms to 
implement Yemen's commitments on trading rights.   
67. A Member requested Yemen to update the action pl an to elaborate on (i) the legislation to be 
adopted or amended; (ii) the specific changes envi saged in the new or ame nded laws and regulations 
to bring Yemen's trading rights regime in line w ith WTO requirements; and (iii) the status and 
timeframe for implementing these changes.  Legisla tion restricting the technical clearance and the 
right to import to Yemeni nationals, prohibiting non-residents from registering as an importer of record, the local presence requirement to import or  export, and the Ministerial Decision for the 
commercial registration of businesses were specifica lly identified for redress and inclusion in the 
action plan.  Some Members considered the measures needed to bring Yemen's trading rights regime 
into conformity with the WTO Agreement to be a fundamental obligation to be undertaken without 
recourse to a three-year implementation period.   
68. In reply, the representative of Yemen presented a revised action plan in document 
WT/ACC/YEM/24/Rev.3 for the period 2009 to 2013.  A transition period and technical assistance 
were requested to study and develop an appropriate ly designed registration system.  Alternatives were 
being explored to allow non-resident entities to regi ster without local presence.  An Importers of 
Record Registration Code and Product Liability Code would be introduced.  The system for 
registering importers of record would be identifie d by mid-2010 and legislati on would be drafted or 
amended, as necessary, from 2011.  Legislation identified for amendments were the Commercial 
Registrar Law No. 33/1991 (Article 11), Decree No. 314/1996 "On Awarding Commercial Registrar" 
(Article 1), Article 85 of Decree No. 49/1993 (implementing Law No. 25/1995 "On Journals and 
Publications"), Article 15 of Decree No. 10/2002 (implementing Law No. 25/1999 "On Organization 
and Dealing with Plant Pesticides"), and Article  5 of Decree No. 333/2004 "On the Regulation for WT/ACC/SPEC/YEM/5/Rev.1 
Page 22 
 
 
  Manufacturing and Trading in Drugs and Medica l Appliances".  He added that the staged 
implementation of the action plan would equalize the treatment of foreigners and locals with respect 
to the right to import.  Full rights to trade would be granted in a non-discriminatory and non-
discretionary manner, and that any registration requirements would be for record-keeping purposes 
only, and would not constitute a barrier to trade.  
69. [The representative of Yemen confirmed that, [within three years from the date of accession 
in accordance with the action plan Table [X - Tr ading Rights]] [from the date of accession], Yemen 
would grant any natural or legal person [of a WTO Member], regardless of nationality or physical 
presence or investment in Yemen, the right to be th e importer of record of any product allowed to be 
imported into Yemen, including the right to be granted technical clearance as described in 
paragraph [103], [at any level of distribution].  He further confirmed that Yemen's laws and 
regulations relating to the right to trade in goods, and all fees, charges and ta xes levied in connection 
with such trade, including fees as described in pa ragraphs [61] and [104] and in the Action Plan in 
Table [8 - Fees], would conform fully with its WT O obligations, including [Articles III, VIII, and XI] 
[Articles III:2 and 4, VIII:1 (a), and XI:1] of th e GATT 1994.  The Working Party took note of these 
commitments.] 
A. IMPORT REGULATIONS 
- Ordinary customs duties 
70. The representative of Yemen said that Yemen had liberalized trade unilaterally with tariff 
reduction and simplification a key component of  the trade reforms.  All tariffs were ad valorem  with a 
weighted average tariff rate of 10.5 per cent.  Customs duties were calculated on the c.i.f. import 
value.  In July 2005, Yemen had issued Tariff La w No. 41/2005, reducing the numbers of tariff bands 
from four to three (5, 10 and 25 per cent).  Yemen applied seasonal tariffs on certain agricultural products, including apples, which were subject to  an additional duty of 35 per cent between April 
and September.  Yemen was applying the 2002 ve rsion of the Harmonized Commodity Description 
and Coding System (HS) pursuant to the Tariff Law No. 41/2005.    WT/ACC/SPEC/YEM/5/Rev.1 
 Page 23 
 
 
  Table 5:  Tariff Rate Distribution  
Tariff Rate 
(per cent) Number of Items (HS) Percentage of Items Share of Import Value 
(2006) 
0 82 1.4 13.2 
5 4,417 73.0 67.6 
10 1,285 21.2 17.3 
25 265 4.4 1.9 
Total 6,049 100 100 
Source:  Customs Authority of Yemen. 
71. The Tariff Council considered proposals to ame nd the tariff rates and made recommendations 
to the Cabinet.  Proposals approved by the Cabinet would be forwarded to the House of 
Representatives for ratification and enacted into law by the President.  Article 24 of the Investment 
Law No. 22/2002 allowed tariffs to be imposed or  increased to protect domestic production.   
72. Some Members stressed that Article 24 of the Investment Law providing for tariffs to be 
imposed or increased on imports competing with  domestic production relying on local inputs was 
WTO incompatible, and urged Yemen to amend or abo lish this provision of the Law.  In response, the 
representative of Yemen said that Yemen had never app lied this provision thus far.  He confirmed that 
as a WTO Member, any future resort to this pr ovision would be within Yemen's bound rates and its 
obligations under the relevant WTO rules.  He adde d that the new draft Investment Law contained no 
such provision and this would, in effect, amount to the annulment of Article 24 of Law No. 22/2002.  
[Yemen's revised offer of August 2008, with applie d tariff rates, is available for consultation (see 
notice in document WT/ACC/SPEC/YEM/3/Rev.3).] 
- Other duties and charges  
73. The representative of Yemen said that th e governorates collected YRls 10 per package 
arriving by land or sea, and YRls 20 per package at airports, to finance economic and social plans and 
projects.  In addition, consignments entering Yemen by air, land or sea were subject to a charge of YRls 1 per package for the benefit of the "Herita ge and Cultural Development Fund".  Yemen also 
levied YRls 1 per pack of imported cigarettes to fund the "Illiteracy Eradication and Adult Learning 
Agency".  Pursuant to Law No. 2/2002, YRls 100 wa s collected for each custom s declaration form as 
a contribution to the "Handicapped Care and Re habilitation Fund".  These charges are listed in 
Table 6.   
74. Asked whether the fees for the "Heritage and Cultural Development Fund" and the "Illiteracy 
Eradication and Adult Learning Agency" were tax es for fiscal purposes rather than fees and charges 
connected with importation, he said that the charg es listed in Table 6 were levied on imports only and WT/ACC/SPEC/YEM/5/Rev.1 
Page 24 
 
 
  were distinct from the fees collected on both dome stic and imported products (Table 10).  Collection 
of certain fees through the taxation authority did not , in his view, denote that the fees were taxes for 
fiscal purposes, but reflected an administrative arra ngement to facilitate collection on behalf of the 
beneficiaries. 
75. Members encouraged Yemen to bind its other duties and charges within the meaning 
of Article II:1(b) of GATT 1994 at zero upon accessi on.  [The representative of Yemen confirmed 
that, from the date of accession, all other duties a nd charges on imports would be consolidated into a 
single ad valorem  fee bound at the rate of 0.25 per cent in its Schedule of Concessions and 
Commitments on Goods.  He further confirmed that this single ad valorem  fee of 0.25 per cent would 
be phased out over a five year transition period fro m the date of accession, and that Yemen's final 
bound rate for all other duties and charges within the meaning of Article II:1(b) of the GATT 1994 
would be zero at the end of this transition period.  The Working Party took note of these 
commitments.]  [The representative of Yemen confirmed that, from the date of accession and in accordance with its Schedule, other duties and charg es within the meaning of Article II:1(b) of the 
GATT 1994, attendant on importation of products from the territories of other Members, would be 
consolidated into a single ad valorem  fee bound at a rate of 0.25 per cent.  Further, Yemen confirmed 
that, after a five-year transition period from the date of accession, these other duties and charges 
would be bound at zero.  The Working Party took note of these commitments.] 
- Tariff rate quotas, tariff exemptions 
76. The representative of Yemen said that the Qura 'an, bank notes, un-circulated coins (except 
gold coins), traveller's cheques, and serial numbe red stocks and bonds were exempt from custom 
duties.  Tariff exemptions were also provided in accordance with the Customs Law No. 14/1990 for 
(i) donations and contributions to the Governme nt, local councils, NGOs and social charity 
associations, subject to specific conditions and pro cedures; (ii) personal effects imported by members 
of diplomatic missions, in accordance with internatio nal agreements; (iii) trade samples; (iv) local and 
foreign investment projects, in accordance with the Investment Law No. 22/2002; (v) fishery and 
agricultural inputs, equipment, machinery, and sp are parts used in agri culture and fisheries; 
(vi) machinery, equipment, tools, materials and pr oducts imported by the Ministry of Agriculture and 
Irrigation for use in governmental infrastructure projects and rural development.  Customs duty 
exemptions could be provided for projects relate d to general agricultural services, subsistence 
farmers, and agricultural cooperatives; and (v ii) products imported un der agreements with 
international organizations and bi lateral donors.  The Yemen General Corporation of Oil and Gas was 
also granted full exemption from custom duties and taxes.    WT/ACC/SPEC/YEM/5/Rev.1 
 Page 25 
 
 
  77. A Member sought further detail on the agricultural and fisheries projects exempt from 
customs duties, how exemptions were applied, and whether they were made contingent in any way on 
domestic production or exports.   
78. The representative of Yemen said that tariff exem ptions were provided for machinery, tools, 
materials, and inputs used by associations and coope ratives supervised by the Ministry of Agriculture 
and Irrigation and the Ministry of Fisheries, as well as to investment projects in these areas.  
The exemptions were granted without preconditio n based on domestic production or exportation and 
were, in his view, in conformity with WTO Agreements.   
79. Some Members noted that Yemen did not appl y tariff rate quotas but sought to reserve the 
right to apply them to sensitive products, and request ed more specificity.  A Member urged Yemen to 
reconsider any notion of introducing tariff quotas on acces sion.  In reply, he said that no decision had 
been taken and that Yemen currently had no intenti on to use tariff-rate quotas.  Any future resort to 
such a system would conform to the relevant WTO provisions.   
80. [The representative of Yemen confirmed that, from the date of accession, Yemen would 
apply, allocate and administer any tariff rate quotas, if  introduced in the future, in conformity with the 
WTO Agreement, including Articles I, II, III, VIII, X,  XI and XIII of the GATT 1994, Article 4 of the 
Agreement on Agriculture, Article 2 of the Agreem ent on Trade-Related Investment Measures, and 
the Agreement on Import Licensing Procedures .  The Working Party took note of these 
commitments.] [The representative of Yemen confirmed that from the date of accession any tariff rate quotas, if introduced in the future, would be applie d and administered in conformity with WTO rules 
and regulations, including most-favoured nation a nd national treatment provisions.  The Working 
Party took note of this commitment.] 
- Fees and charges for services rendered 
81. The representative of Yemen provided information on fees and charges for services rendered 
on imports (Table 7), notably for (i) customs declarat ions; (ii) publication fees for customs declaration 
forms, overtime forms, and forms for the custom s processing of vehicles; (iii) overtime fees; 
(iv) warehousing; (v) quarantine services; (vi) vete rinary certificates; (vii) laboratory examinations; 
(viii) conformity assessment certificates; (ix) import permits for various goods; and (x) miscellaneous 
service charges.   
82. Some Members noted that many of the fees charged by Yemen were either ad valorem  or 
weight- or quantity-based in a manner that did not re flect the cost of services provided.  In particular, WT/ACC/SPEC/YEM/5/Rev.1 
Page 26 
 
 
  Yemen was asked to explain how the ad valorem  fees for quarantine services on imported dog and cat 
food, and drugs, vaccines and antiseptics used in an imal feedstock (1 per cent); goods in warehouses 
(3 per cent); and the import licence fees for explos ives and fireworks, pesticides, drugs and medical 
appliances, were related to the cost of the services provided.  An explanation was also sought for the 
wide differences in fees to issue assessment certificates for "goods subject to accredited standards" (YRls 10,000-200,000), and why import licenses for ci nema films and video films and cassettes cost 
twice as much as import licenses for publications, stationery, audio tapes and CDs.  A Member 
considered high fees for goods in warehouses and the service fees for handling parcels to be non-tariff 
barriers, and requested Yemen to consider consolid ating or eliminating these fees.  Another Member 
noted that Article 25 of the Investment Law No. 22/2002 indicated that higher fees and charges 
applied to imported goods comparable to locally -produced goods, than to other goods.  This 
requirement was WTO-incompatible and Yemen was urged to abolish it.   
83. The representative of Yemen stated that the f ees and charges levied were needed by the 
responsible entities to finance their activities and car ry out the duties assigned to them.  The current 
fees for quarantine services covered the costs of processing applications, port inspection and examination, and the issue of permits and relevant documents.  The amount of work required to issue 
assessment certificates could vary significantly depending on the nature and size of the imported 
consignments.  The import permit fees for books a nd printed materials had been reduced to serve 
public policy objectives.  He said that the fees for goods in warehouses covered customs services, 
including sorting, inventory, supe rvision and late payment of due fees; and the service fees for parcels 
covered the costs of the services provided in customs yards or warehouses.  On the higher fees levied 
pursuant to the Investment Law, he said that the new draft Investment Law contained no such 
provision, and that the new legislation would, in effect, annul Article 25 of Law No. 22/2002.  He added that Yemen was in the process of revising its import permit fees, quarantine service fees and other fees and charges to approximate the costs of the services rendered and needed a transition period 
to ensure conformity with WTO requirements.   
84. A Member requested further details on the specific steps Yemen was taking to bring its fee 
structure in line with WTO requirements.  Notin g Yemen's request for a transition period, this 
Member sought information on the obligations of Article VIII of the GATT 1994 that Yemen believed 
it could not implement by the date of accession.  A request for a transition period should be 
accompanied by an action plan outlining the prec ise steps and time periods needed for staged 
implementation.  Information was sought on the spec ific legislation to be amended and the dates by 
which these amendments would take effect for each  fee.  Yemen was also asked to identify in its 
action plan, the specific fees that it could not bri ng in line with WTO requirements by the date of  WT/ACC/SPEC/YEM/5/Rev.1 
 Page 27 
 
 
  accession.  For those fees where legislation had alread y been amended, or was in the process of being 
amended, Yemen was requested to bring these fees in line with Article VIII by the date of accession.   
85. In reply, the representative of Yemen presen ted an action plan outlining the steps and 
legislative amendments required to bring its fees in conformity with Article VIII of GATT 1994 in 
documents WT/ACC/YEM/31 and its Revisions.  He said that a transition period was requested to 
review and study appropriate alternatives, put forw ard proposals to replace some of the existing fees, 
and amend procedures or enact legislation, where necessary, to bring Yemen's fees and charges in 
compliance with WTO rules.  The charges on goods subject to accredited standards (one per thousand 
of the consignment value) would be replaced, upon acce ssion, by specific fees  to reflect the costs of 
services rendered (Decree No. 9/2009 "On Regulation of Examination Services and Inspection Fees").  
Fees for goods in warehouses (3 per cent) would be re placed by specific fees in line with Article VIII 
of the GATT 1994 by January 2011.  The annual warehousing fees would be YRls 500 per square 
metre of storage space or YRls 20 per kilogram fo r special warehousing.  Storage of duty free goods 
would be at the annual rate of YRls 6 million.  The ad valorem  import permit fees for drugs and 
medical appliances would be substituted by cost b ased specific fees by January 2012; and the fees for 
plant pesticides, explosives and fireworks woul d be replaced by January 2013.  The quarantine 
services fees on imports of dog and cat food (1 per cent), ornamental fish and birds (2 per cent), and 
drugs, vaccines and antiseptics (1 per cent) would be replaced by specific fees reflecting the costs of the services rendered by January 2013.  These fees would amount to YRls 7,000 for each consignment 
of dog and cat food, and ornamental fish and birds; and YRls 10,000 for drugs, vaccines and 
antiseptics.  
86. [The representative of Yemen confirmed that, consistent with the action plan set out in 
Table 8, Yemen would [progressively] bring its fees  and charges in connection with importation or 
exportation into compliance with Article[s] VIII [a nd X] of the GATT 1994 [after the end of the 
transitional period].  To this end, laws and re gulations during the transition period would not be 
implemented in a manner that resulted in a lesser degree of consistency with Article VIII of the 
GATT 1994.  He further confirmed that, during this  [requested] transitional period, Yemen would 
ensure that its laws and regulations concerning fees and charges for ser vices rendered would be 
applied in a manner consistent with other provisions of the WTO Agreement, including on a non-
discriminatory basis consistent with Articles I and III of the GATT 1994.  He also confirmed that any 
new laws and regulations governing fees in conn ection with importation or exportation established 
after accession, as well as any revisions made to such existing fees after accession, would be in conformity with WTO provisions, including Ar ticle VIII, and accordingly [Yemen] would not 
[authorize or permit][introduce or reintroduce] any fees or charges for services rendered that were WT/ACC/SPEC/YEM/5/Rev.1 
Page 28 
 
 
  applied to imports or exports on an ad valorem  basis.  The Working Party took note of these 
commitments.] 
Table 8:  Action Plan for Implementation of Article VIII.1 of the GATT 1994  
Ad valorem  Fee to be Replaced New Specific Fee Timeframe 
Fee for assessment certificate for goods 
subject to accredited standards [....] Done 
Fee for goods in warehouse YRls 500 per square metre or YRls 20 per 
kilogram for special warehousing.  YRls 6 
million annually for duty free warehousing. January 2011 
Import licence fee for analyzing and 
control of imported or locally manufactured pharmaceutical and 
medical appliances with specific fee US$200 for batch whose value equals or 
exceeds US$10,000; an d US$100 for every 
batch less than US$10,000.   
US$100 service fee for issuing an import 
licence for medical appliance for every invoice bill. January 2012 
Fee for commercial registration of 
importers and exporters  [....]  January 2012 
Import and export licence fee for plant 
pesticides YRls 20,000 per permit January 2013 
Fee for quarantine se rvices for drugs, 
vaccines, antiseptics, etc.; ornamental 
fish and birds; and dog and cat food YRls 10,000 for each consignment of drugs, 
vaccines, antiseptics. 
YRls 7,000 for each consignment of ornamental fish and birds. 
YRls 7,000 for each consignment of dog and 
cat food. January 2013 
Import licence fee for explosives and 
fireworks YRls 100,000 per permit for explosives and 
fireworks. January 2013 
 
- Application of internal taxes to imports 
87. The representative of Yemen said that domes tically-produced and imported goods and 
services were subject to the same rate of general sales tax applied pursuant to the Law No. 19/2001 
"On the General Sales Tax", as amended by Law No. 42/2005.  Most goods and services were taxed at 
the general rate of 5 per cent w ith some exceptions and deviations  (Table 9).  Exported goods and 
services were zero-rated.  Yemen had not estab lished any Value Added Tax (VAT) system.   
88. He also provided a list of fees applicable to both imported and locally-produced goods 
(Table 10).  The Customs Authority collected these fees from imported products; while the beneficiaries directly - or through the Taxation Authority - collected these levies from domestically-
produced goods.  In his view, no discrimination ex isted between like domestic  and imported goods for 
the purposes of internal taxation.  WT/ACC/SPEC/YEM/5/Rev.1 
 Page 29 
 
 
  Table 9:  General Sales Tax  
General rate of 5 per cent.  Goods  and Services subject to other rates: 
No. Description Tax (per cent) 
1. Cigarettes of all types 90* 
2. Cigars  90 
3. Qat 20* 
4. Arms and ammunitions 90 
5. Valuable metals of gold and ordinary gold coated metals:   
 (a) half manufactured  2 
 (b) Jewellery, goldsmithery and other manufactured items  3 
6. Mobile telephone services  10 
7. International telephone services  10 
* Denotes tax as a percentage of consumer sale price. 
 
Goods exempt from General Sales Tax pu rsuant to Article 40 of the Law: 
No. Description 
1. Wheat and wheat flour 
2. Rice 
3. Medicines 
4. Ore gold 
5. Personal effects of travellers coming from abroad 
6. Paper money and circulated coins 
 
Services exempted from General Sales Ta x pursuant to Articl e 40 of the Law: 
No. Description 
1. Financial and banking services  
2. Insurance services 
3. Health services 
4. Educational services of all types  
5. All not-for-profit services carried out by NGOs, so cieties and organizations recognized by competent 
authorities  
6. Internal land transport services, namely: good transport services (except speed carrier services); 
passenger transport services; and highway maintenance services. 
7. Services of renting, operation or exploitation of land and real estate for private housing purposes. 
8. Water services (except mineral and bo ttled  water), sewage  and electricity  
9. House and street cleaning service; environment services, viz. combating pollution and collection of 
waste and garbage  
10. Historical monuments reparation services 
11. Pilgrims' services (pilgri mage and Omra agencies)  
12. One star hotels and below services  
 
89. Asked whether taxes were applied differently  on imported products depending on origin, the 
representative of Yemen said that all products were treated equally irrespective of origin.  Goods 
imported from countries that had bilateral or regiona l trade agreements with Yemen were subject to 
the same internal taxes as imports from any other source.   
90. The representative of Yemen confirmed that fro m the date of accession all laws, regulations 
and other measures relating to internal taxes an d charges levied on imports would be in full WT/ACC/SPEC/YEM/5/Rev.1 
Page 30 
 
 
  conformity with its WTO obligations, including Article III of the GATT 1994.  The Working Party 
took note of this commitment. 
- Quantitative import restrictions, including prohibitions, quotas and licensing systems  
91. The representative of Yemen said that imports were prohibited or restricted for 
environmental, health, national security and religi ous reasons, i.e. if considered contrary to 
Shari'a Law.  Products subject to import prohibitions are listed in Table 11.  In his view, these import 
prohibitions were consistent with Articles XX a nd XXI of the GATT 1994.  Yemen also prohibited 
the importation of coffee and mango, and maintained seasonal restrictions on potatoes (other than 
seed potatoes), tomatoes, lettuce and chicory, ora nges, mandarins, lemons, grapes, melons and 
papayas (Table 12).  The seasonal restrictions cons isted of periods when im portation was prohibited, 
and "allowed" periods when the goods were subject  to an additional duty of 35 per cent over and 
above the ordinary tariff of 25 per cent.  In formation on the production seasons, and the domestic 
production and consumption of these goods was provided in document WT/ACC/YEM/32 
(pages 6-7).  He added that the import ban on co ffee and mango and the seasonal import restrictions 
on agricultural products (Table 12) woul d be removed from the date of accession. 
Table 12:  Seasonal Import Restrictions  
H.S Code Item Prohibition Periods 
0701.90 Potato: other than seeds January - September 
0702.00 Tomatoes, fresh or chilled January - March, May - November 
07.05 Lettuce, etc. March - November 
07.06 Carrots, turnip, etc. December - August 
0805.10 Oranges October - April 
0805.20 Mandarins, etc. October - April 
0805.50 Lemons, etc. April - September 
08.06 Grapes, fresh or dried May - December 
08.07 Melons (including watermelons) 
and papaws (papayas), fresh January - September  
 
92. Some Members considered the list of import prohi bitions (Table 11) to be unduly lengthy and 
urged Yemen to consider other less restrictive mean s to achieve the desired objectives.  Information 
was sought on comparable restrictions, if any, on the domestic production and consumption of goods 
prohibited to import.  Noting the import prohibitions affecting certain types of motor vehicles and accessories, Yemen was requested to explain the pur pose of these restrictions and provide the legal 
citation banning the domestic sale of these items. 
93. In response, the representative of Yemen said that local production, use or sale of goods 
prohibited to import was not perm itted.  His Government had update d the list of import prohibitions  WT/ACC/SPEC/YEM/5/Rev.1 
 Page 31 
 
 
  and reduced it to the extent possible.  Most of the listed goods in Table 11 were prohibited in 
accordance with international conven tions, i.e. the Vienna Conventi on on the Protection of the Ozone 
Layer and the Montreal Protocol on Substances th at Deplete the Ozone Layer; the Convention on 
International Trade in Endangered Species of Wild  Fauna and Flora; the Stockholm Convention on 
Persistent Organic Pollutants; the Rotterdam Conven tion on the Prior Informed Consent Procedure on 
Certain Hazardous Chemicals and Pesticides in Intern ational Trade; and the Basel Convention on the 
Control of Transboundary Movements of Hazardous Wastes and their Disposal.  Cars with tinted 
glass were prohibited to import for safety and security reasons, and the other prohibitions affecting 
motor vehicles and accessories were road safety and public security measures applied pursuant to Law No. 41/2005 on "Customs Tariff".  The domestic sale of  vehicles that had already entered the Yemeni 
market prior to the import ban was allowed.   
94. Some Members considered the practice of banni ng importation but not domestic sale of used, 
refurbished or re-manufactured machinery with  components older than fifteen years to be 
discriminatory, in breach of Articles III and XI and not justifiable under Article XX of the 
GATT 1994.  Yemen was urged to examine alternativ es and consider import licensing to regulate the 
importation of older machinery with the issue of licenses contingent upon non-discriminatory criteria, 
enforced equally on sales of similar older machiner y within Yemen, e.g. at the point of sale or 
registration.  In reply, the representative of Yeme n said that a decree setting out the technical and 
environmental criteria to be met for the importati on of machinery older than fifteen years was in 
preparation.  He stated that it would be difficu lt to apply these criteria to machines already in the 
country, but Yemen was open to using systems used  by other WTO Members to regulate the domestic 
sale of old machinery.  He added that the prohibition on import of special types of cameras and lenses would also be reviewed and could be ma de subject to licensing requirements.  
95. The representative of Yemen said that import licensing had been abolished through Law 
No. 16/1996 "On Foreign Trade".  However, he acknowledged that several Government agencies 
issued permits and approvals or performed techni cal clearance in a manner resembling an automatic 
licensing procedure.  Technical clearance required an application in special form(s) or format, clearance was granted within three to seven working days, applications could not be refused for minor 
documentation or procedural errors, and clearance coul d be obtained for a product even if it arrived in 
separate consignments.  Existing legislation did not  extend an opportunity for other countries to 
comment on new procedures, but Yemen would c onsider the introduction of such provisions.  
Information on goods subject to technical  clearance is provided in Table 13.  WT/ACC/SPEC/YEM/5/Rev.1 
Page 32 
 
 
  Table 13:  Imports Subject to Technical Clearance  
Item Responsible Agency 
Plants  and plant products, seeds, seedlings, 
fertilizers, pesticides, live animals and animal 
products, veterinary inputs. Ministry of Agriculture and Irrigation 
Explosives and fireworks. Ministry of Interior 
Artistic and literary works. Ministry of Culture  
Magazines and newspapers. Ministry of Information 
Medicines, medical appliances, narcotic drugs, 
psychotropic substances, precursors and chemicals. Supreme Authority for Drugs and Medical 
Equipment (SADME) 
 
96. Notwithstanding the assertion that Law No. 16/1 996 had abolished import licensing, some 
Members noted that the permits, approvals or techni cal clearances (Table 13) appeared to resemble 
administrative procedures requiring the submission of  an application or other documentation to the 
relevant administrative body as a prior condition for importation.  They considered these 
(non-automatic licensing) requirements to fall square ly within the purview of the WTO Agreement on 
Import Licensing Procedures to be maintained only if  justified.  A Member requested an exhaustive 
explanation of the legal basis and criteria, incl uding lists of all documen ts to be submitted and 
qualification requirements for the applicant/importe r, for the technical clearance of seeds and 
fertilizer, plants, explosives and fi reworks, books, newspa pers, audiovisual and artistic works, and 
drugs and medical equipment.  Yemen was also as ked to explain if it was introducing any provisions 
to reform its present regulations and to detail how any new provisions would conform with the 
obligations of the WTO Agreement on Import Licensing Procedures.   
97. In response, the representative of Yemen stated that the procedures for issuing import permits 
were, in his view, consistent with the WTO Agre ement on Import Licensing Procedures.  He provided 
information on import licensing procedures in document WT/ACC/YEM/20 and its Addendum 1.  
According to this information, the import permits fo r plants and plant products, including seeds, fruits 
and vegetables were administered pursuant to Law No. 32/1999 "On Plant Quarantine" and 
implementing Regulation No. 54/2001.  The permits were granted by the Ministry of Agriculture and 
Irrigation (i.e. the General Department for Plant Pr otection).  Permits for accredited plant and seed 
varieties were granted, upon submission of an a pplication and a supporting document (specifying the 
type, variety and quantity of plants or seeds), and with the approval of the General Department for 
Control of Quality of Agricultural Inputs (formerly  the General Department for Plant Production).  
The importation of plant products, including fru its and vegetables subject to seasonal import 
restrictions (Table 12), required the approval of the General Department for Agricultural Marketing 
and Trade and the General Department for Control of  Quality of Agricultural Inputs.  Applications, 
with supporting documents (commercia l registration, tax card, and "offer" specifying type, variety and 
quantity), were accepted during periods when the im portation of these seasonally restricted products  WT/ACC/SPEC/YEM/5/Rev.1 
 Page 33 
 
 
  were allowed.  Once approved, the General Depart ment for Plant Protection issued the import permit 
for plants and plant products, seeds, fruits and ve getables detailing the technical specifications to be 
met.  Import consignments had to be accomp anied with documents indicating the terms and 
specifications (based on international standards and consistent with the terms stipulated in the 
technical permit), a plant health or seed inspection analysis certificate, certif icate of origin, invoices 
and any other relevant documents issued by specializ ed international agencies.  Permits for plants and 
plant products, including seeds, fruits and vegeta bles were valid for three months and could be 
extended for an additional three months.   
98. Permits for imported animals, birds, poultry,  animal products and animal health and 
production appliances were administered pursuan t to Law No. 17/2004 "On the Organization and 
Protection of Livestock" and the implementing Decr ee No. 1/2006.  The permits served to safeguard 
animal wealth and protect animals and humans from animal-borne diseases and epidemics.  The 
permits were granted by the Ministry of Agri culture and Irrigation (General Department for ِAnimal 
Health and Veterinary Quarantine) upon submission of an application together with a pro-forma 
invoice.  Import consignments needed to be accomp anied by a veterinary certificate, a certificate of 
origin and a quality conformity certificate from the c ountry of origin.  Import permits were valid for 
21 days from the date of issue and could be extende d, if the need arose, for an additional period of 
21 days.  Permits could be used for a single shipment  only.  Asked to explain the short validity period 
of import permits for animals, birds, poultry, anim al products, animal health or production appliances, 
he said the existing arrangements were deemed appr opriate as no complaints had been registered.   
99. Import permits for registered fertilizers were granted by the Ministry of Agriculture and 
Irrigation (General Department for Control of Qu ality of Agricultural Inputs) pursuant to Law 
No. 20/1998 "On Seeds and Plant Fertilizers" upon s ubmission of a written request together with an 
inspection analysis certificate, certificate of origin  and invoices.  The Ministry of Agriculture and 
Irrigation (General Department for Plant Protection)  undertook the technical clearance of registered 
pesticides pursuant to Law No. 25/1999 "On Organi zing the Circulation of Plant Pesticides" and 
Decree No. 10/2002.  A list of registered fertili zers and pesticides that could be imported were 
maintained by the General Departme nts for Control of Quality of Agricultural Inputs and for Plant 
Protection, respectively.  This list would be made  available and updated regularly on the website and 
monthly magazine of the Ministry of Agriculture an d Irrigation.  Procedures to register fertilizers and 
pesticides were detailed in WT/ACC/YEM/26 (pages 12-13).  The volume of imported pesticides was 
fixed annually to avoid the build-up of  stocks and any risk to plant, animal or human health and to the 
environment caused by waste and the expiry of p esticides.  Yemen was asked to explain how the 
annual amount allowed for import wa s fixed and to elaborate on any comparable measures in place WT/ACC/SPEC/YEM/5/Rev.1 
Page 34 
 
 
  with respect to domestic products.  A Member considered the annual ceiling on the amount allowed to 
import a quota and urged Yemen to rem ove this restriction.  In reply, the representative of Yemen said 
that the General Department for Plant Protection set  the annual amount of impor ted pesticides allowed 
based on the average imported over the last five years, the quantity needed to implement national 
epidemic and pest control campaigns, and the in ventory of imported pesticides remaining in the 
country.  There was no domestic production of pestic ides in Yemen.  Interested parties could obtain 
information on the quantity of pesticides permitted  for importation within a week.  The General 
Department for Plant Protection would, upon requ est from importers, also provide quarterly updates 
of the amount already imported.  Permits for fert ilizers were valid for three months and could be 
extended an additional three months, while the perm its for pesticides were non-renewable and issued 
for six months.  Asked to explain the limited validity  period of permits for pesticides and fertilizers, 
he said that this was to better administer and u tilize the permits issued and to maintain the smooth 
flow of trade.  He stated that eligibility to a pply for import permits for pesticides and fertilizers was 
contingent upon possessing, among other things, a "p rofessional practice permit" available only to 
Yemeni nationals.  Asked to revise the nationalit y requirement for holding a "professional practice 
permit" and to consider allowing Yemeni-based pers ons acquiring the imported fertilizer or pesticide 
to possess such a permit after importation by a non-Yemeni national, he said that his Government 
would study the proposal.  He added that all persons  resident in Yemen - irrespective of nationality - 
would be required to meet the technical requireme nts to obtain the "professional practice permit".   
100. Clearance to import explosives for developmen t projects and fireworks was granted through 
the Ministry of Interior to resident natural persons or legal entities pursuant to Law No. 40/1992 
"On Regulation of Carrying and Tr ading of Arms and Ammunitions" and its Regulation No. 1/1994.  
The import permit served to prevent accidents a nd safeguard public safety and security.  Foreign 
entities legally established or operating in Yeme n could obtain an import permit for explosives 
through a Decree from the Minister of Interior.  Applications were received only from persons with 
proven experience, physical and mental fitness to de al with explosives, against payment of a permit 
fee, as well as a medical certificate issued by a Government hospital and a deposit in a Yemeni bank 
as surety or guarantee to ensure the usage of the e xplosives and fireworks as prescribed in the permit.  
Applications could be refused to those having ha ndled explosives previously without a permit.  
Permits were valid for one year, and renewable.  However, Article 40 of  Law No. 40/1992 permitted 
the licensing authority to cancel, amend or suspend gran ted permits without notice or justification.    
101. Import permits for medicines and medical equi pment were regulated by Republican Decree 
No. 231/1999 "On Reorganizing the Supreme Board for Drugs and Medical Appliances" and the 
Decree No. 333/2004 "On the Regulation for Manu facturing and Trading in Drugs and Medical  WT/ACC/SPEC/YEM/5/Rev.1 
 Page 35 
 
 
  Appliances and the Like".  Law No. 3/1993 "On Comb ating Illicit Trade and Use of Narcotic Drugs 
and Psychotropic Substances" and in ternational conventions (i.e. th e Single Convention on Narcotic 
Drugs; the Convention on Psychotro pic Substances; and the UN Convention against Illicit Traffic in 
Narcotic Drugs and Psychotropic Substances) provide d the legal basis for import permits on narcotic 
drugs, psychotropic substances and precursors and chemicals.  For the importation of drugs and 
medical equipment, the importer needed to (i) be registered with the Supreme Board for Drugs and 
Medical Appliances, which issued the import permit; ( ii) be an agent for a drug or medical equipment 
company; (iii) be a full time pharmacist or hire  a full time pharmacist as a technical supervisor; 
(iv) register with the commercial registrar; and (v ) maintain a store in good condition for the storage 
of the drugs and medical equipment.  Only Gove rnment health agencies and Yemeni private entities 
registered with the Board were granted techni cal clearance to import pharmaceuticals and medical 
equipment.  He provided details concerning the registration process in WT/ACC/YEM/10 (page 26).  
Yemen was invited to consider less trade-restrictive mechanisms to protect the health of its population 
from improper pharmaceuticals products, for ex ample, by conditioning importation on the 
requirement that the Yemeni-based person acquiri ng the imported pharmaceuticals after importation 
by a non-Yemeni national possess the characteristics (i ) through (v) above.  In response, he said that 
his Government would study the proposal. 
102. Applications for a permit to import artistic a nd literary works or magazines and newspapers 
were submitted to the Ministry of Culture and the Ministry of Information, respectively.  
In accordance with the Press and Publications Law No. 25/1990, Republican Decree No. 49/1993 
(magazines and newspapers) and Republican D ecree No. 6/1994 (literary and artistic works), 
applications were only accepted from Yemeni nati onals, and required a copy of the commercial 
registration, personal ID and address, and a document (i.e. a contract or statement from the publisher) 
indicating the approval of the publication or distri bution company.  Foreign individuals residing in 
Yemen could import publications and artistic wo rks for personal use, but not for commercial 
purposes.  Foreign companies legally established or operating in Yemen, and licensed for importation, 
could import these items as inputs in their productio n processes or for commercial sale after obtaining 
technical clearance.  The purpose of the permit was to collect statistical info rmation, prevent forgery 
or unauthorized use or distribution of creative work s, and to ensure that only permitted magazines and 
newspapers were imported by approved agents.  Products violating Islami c values, public order, 
security and public morals were denied clearance.  Permits were valid for one year from the date of 
issue and could be renewed with an applica tion attached to the original permit.   
103. Some Members noted that only Yemeni nationals  could be granted the technical clearance 
needed to import medicines, medical equipmen t, fertilizers, pesticides, books, newspapers, WT/ACC/SPEC/YEM/5/Rev.1 
Page 36 
 
 
  audiovisual and other artistic or literary works.  Th ey considered this restriction discriminatory and 
not in conformity with Articles III and XI of  the GATT 1994.  Yemen was urged to amend its 
legislation and equalize the treatment of forei gn and Yemeni nationals in accordance with WTO 
requirements.  In reply, the representative of Ye men referred to the general requirement to reserve 
importation for Yemeni nationals or enterprises est ablished in Yemen, and requested a transition 
period to bring the regime in conformity with WTO requirements (see "Trading Rights").  He added 
that the treatment of foreign and Yemeni nationals would be equalized as per the timetable set out in 
the trading rights action plan (WT/ACC/YEM/24 and its Revisions).   
104. The representative of Yemen included information on import permit fees in Table 7.  
As noted in the table, fees were expressed in sp ecific amounts for many types of goods (plants, seeds, 
fertilizers, artistic and literary works) and in ad valorem  terms for pesticides (0.2 per cent), explosives 
and fireworks (2 per cent), drugs and medical app liances (1 per cent).  He added that Yemen was 
revising the fees to ensure conformity with WTO re quirements, in particular Article VIII of the 
GATT 1994, as per the timetable set out in documents  WT/ACC/YEM/31 and its Revisions.  In this 
context, his Government proposed to replace the ad valorem  import permit fee for medical appliances 
with a fee of US$ 100 and the fee for drugs would be either US$100 or US$200 depending upon the 
value of the import consignment.  The fees for drugs and medical appliances would reflect 
administrative and supervision expenses, costs for analysis and random sampling.  His Government 
was preparing to replace the import permit fees for e xplosives with a cost based fee of Yrls 100,000.  
Yemen also planned to replace the permit fees for p esticides with a fee of YRls 20,000 to cover the 
administrative costs and expenses related to tec hnical studies and the printing of application and 
permit forms.   
105. [The representative of Yemen confirmed that, from the date of accession, Yemen would 
eliminate and would not introduce, re-introduce or ap ply quantitative restrictions on imports or other 
non-tariff measures such as licensing, quotas, bans , permits, prior authorization requirements, 
licensing requirements, and other restrictions having  equivalent effect, that cannot be justified under 
the provisions of the WTO Agreement.  He also confirmed that, if balance-of-payments measures 
were necessary, Yemen would impose them in a manne r consistent with the relevant WTO provisions, 
including Articles XII and XVIII of the GATT 1994 and the Understanding on Balance-of-Payments 
Provisions of the GATT 1994.  He further confirmed that [Yemen would only][the legal authority of 
the Government of Yemen to] suspend imports and exports or apply licensing requirements that could 
be used to suspend, ban, or otherwise restrict the quantity of trade, [would be applied] from the date of 
accession in conformity with the requirements of the WTO Agreement.  The Working Party took note of these commitments.]   WT/ACC/SPEC/YEM/5/Rev.1 
 Page 37 
 
 
  - Customs valuation 
106. The representative of Yemen said that Yemen's valuation system was based on the Brussels 
Definition of Value in accordance with the Cu stoms Law No. 14/1990 a nd its amendments.  
The existing system allowed impor ters, upon request, to obtain a deta iled written explanation on how 
the valuation of goods had been undertaken.  The Cu stoms Law also provided im porters with the right 
to appeal valuation decisions.  Disputes could be r esolved by a panel of two experts - one representing 
the Customs Authority, the other the importer - if so  agreed by the parties.  However, if the two 
experts were unable to settle the issue, the dis pute would be referred to a three-member committee 
consisting of a permanent commiss ioner appointed by the Minister of Finance, one member 
representing the Customs Authority, and one member  appointed by the Chamber of Commerce and 
Industry.  The three-member committee 's decision was final and binding.   
107. Yemen was considering amendments to its custom s legislation to ensure conformity with the 
WTO Agreement on the Implementation of Article  VII of the GATT 1994 (Customs Valuation 
Agreement). Having examined an Explanatory Me morandum of the draft Customs Law and draft 
amendments to the Customs Law No. 14/1990, a Member pointed out that Yemen's proposed dispute resolution mechanism for customs determinations  foresaw referral to a three-member committee 
comprising of government-appointed and private members, and that the inclusion of non-
governmental representatives in such a committee would violate the WTO requirement to protect 
confidential information (Article 10 of the Cust oms Valuation Agreement).  Yemen was reminded 
that Article 11.2 of the Agreement provided importe rs the right to appeal determinations to an 
independent judicial authority.  It appeared that di rect recourse to the judiciary was not provided for 
and committee determinations could be appealed only when a decision was issued by a majority of its 
members.  Yemen was urged to explain the cons istency of the proposed amendments with the 
requirements of the Customs Valuation Agreemen t and to limit representation in the committee to 
Government officials.  A Member was also conc erned that the timelines laid down in the draft 
legislation would not provide sufficient time for im porters to prepare appeals.  In reply, the 
representative of Yemen said that the amendments to the Customs Law tabled in the House of 
Representatives would establish a committee consisting of  three members, one sel ected by the trader 
(importer), one by the Customs Authority, and the thir d, with a casting vote, chosen by both parties to 
the dispute.  The importer had the right to seek reme dy with the judiciary in case of disagreement or at 
any stage of the appeal.  He added that the time available for the preparation of appeals would be 
increased to 60 days in the new am endments to the Customs Law.  WT/ACC/SPEC/YEM/5/Rev.1 
Page 38 
 
 
  108. Concerning the basis for calculating customs value, a Member noted that the proposed 
Article 36 bis to substitute Article 36 of Yemen's Custom s Law was, as currently drafted, too vague 
and left unlimited discretion to the Prime Minist er in determining valuation.  The valuation 
methodologies were not spelt out and it was not clear how the proposed amendments would be 
consistent with the Customs Valuation Agreemen t or how it would incorporate the Interpretative 
Notes in line with Article 14 of the Agreement.  Yemen was asked to outline how and when customs 
legislation and implementing regula tions would be enacted to conform with the Customs Valuation 
Agreement, and was requested to submit any new or  additional legislation to the Working Party for 
review.  The representative of Yemen replied that th e draft amendments to the Customs Law had been 
reviewed for consistency with the provisions of  the Customs Valuation Agreement and were being 
considered by the House of Representatives.  Fo llowing adoption of these amendments (in 2010), an 
implementing Decree on Customs Valuation w ould be issued by the Prime Minister.  
109. Having reviewed a draft of the implementing decree, a Member requested Yemen to update 
and make specific amendments to the draft to more accurately reflect the Customs Valuation 
Agreement.  Missing elements were identified, incl uding the need for provisions covering Articles 13 
through 15 of the Agreement.  Yemen's legislati on would also need to provide importers with the 
right to appeal to a judicial authority, receive written notice of any decision on appeal (and the reasons 
therefore), and be informed of any further appeal rights.  Yemen was asked to  take steps to reflect 
these elements and ensure full comp liance with the provisions of the Customs Valuation Agreement.  
In response, the representative of Yemen presente d an updated draft Prime Minister's Decree to 
incorporate the specific comments from Members.  Interpretative Notes and definitions, as provided 
for in Articles 14 and 15 of the Agreement, were cove red in the draft.  He stated that the new draft 
Decree was, in his view, in conformity with the pr ovisions of the Customs Valuation Agreement.    
110. The representative of Yemen presented an acti on plan in documents WT/ACC/YEM/19 and 
its Revisions detailing the technical assistance and tr ansitional period requested to fully comply with 
the Customs Valuation Agreement.  Assistance was needed to train officials, install equipment, 
finalize executive decrees and implementing regulations, and restructure the Customs Authority.  Efforts to implement the Agreement - with techni cal assistance - would continue through 2015.   
111. While supportive of Yemen's eligibility to seek a transition period for the implementation of 
the Customs Valuation Agreement, some Member s were disappointed with the long timeframe 
foreseen by Yemen, particularly given the am ount of work accomplished and the substantial 
assistance being made available to Yemen to strengthen its customs valuation framework.  A Member noted that other acceding LDCs had been able to implement parts of the Customs Valuation  WT/ACC/SPEC/YEM/5/Rev.1 
 Page 39 
 
 
  Agreement sooner than others and within the specifi ed  transition period, but Yemen appeared to be 
requesting not to implement any part of the Agreem ent until the end of the transition period.  This 
Member considered the five year transition peri od requested by Yemen to implement the Customs 
Valuation Agreement to be excessive, and reco mmended that Yemen implement the Agreement no 
later than 31 December 2013.  Yemen was also request ed to specify in its action plan those areas that 
it could implement prior to the end of the transition period and to provide dates certain for the actions 
to be taken.  Members encouraged Yemen to seek out all technical assistance needed and take full 
advantage of the resources put at Yemen's dis posal to implement its accession commitments.   
112. Concerns were also expressed on the need to develop a value database during the requested 
transition period as it could divert scarce resources.   A Member reminded Yemen that value databases 
were to be used exclusively as a risk assessment tool and not as a substitute value for imported goods 
or as a mechanism to establish minimum values.  Ye men was asked to clarify what role, if any, the 
database would play in determination of custom s value when the declared invoice value was not 
accepted.  In reply, the representative of Yemen sa id that the value database would be used in 
accordance with the provisions of the Customs Valuation Agreement and would serve only as a 
reference for guidance among other tools to establis h import values.  It would not be developed 
explicitly as a list to define prices for valuation purposes.   
113. The representative of Yemen reaffirmed his Government's commitment to implement the 
Customs Valuation Agreement with a transition period (31 December 2015) and the provision of 
technical assistance.  He presented an action plan setti ng out details of the steps that still remained to 
be taken to achieve this objective and a timetable for each step (Table 14). 
Table 14:  Action Plan for Implementation of the Agreement on Customs Valuation  
Objective/Measures/Steps Time Frame 
Develop amendments/provisions for the Customs Law 
No. 14/1990 in conformity with Customs Valuation 
Agreement (CVA)  
- Preparation and review of draft Customs Law 
- Adoption by the House of Representatives 
 
- Preparation of draft Pr ime Minister's Decision 
with regard to value for customs purposes 
- Enactment of Prime Minister's Decision  
 
  
Done. 
2010 
 
Done.   
[Before 31 December 2015] 
Training on WTO CVA for customs officers  1st to 4th Quarter 2010 
Transition from Brussels Definition of Value 
Adaptation of WTO customs valuation system  
Training/Seminars/workshops on WTO CVA for 
officials, brokers, freight forwarders, customs clearing 
agents, importers and businesses  
  
2011 - 2012 WT/ACC/SPEC/YEM/5/Rev.1 
Page 40 
 
 
  Objective/Measures/Steps Time Frame 
Articles 1 - 17 of the WTO CVA  
 
Develop implementing regulations once amendments 
to Customs Law have been issued  
Technical training on valuation.  Training of Trainers 
course for selected customs officers  
 
2011 - 2013 
  
2010 - 2013 
Develop an information tec hnology system, including: 
 
- Database for use in risk evaluation 
 - Reference database on the value of identical or 
similar goods  
 
1
st to 4th Quarter 2010 
 2010 - 2014 (ongoing). 
Training on risk evaluation  Training on post-declaration/post-dispatch audits 2010 - 2014 (ongoing). 
Compliance of importers with customs rules  
 Activation of Distinctive Partners System 2010 - 2011 
Full implementation of the WTO Customs Valuation 
Agreement 31 December 2015 
 
- Rules of origin 
114. The representative of Yemen said that, in accord ance with the Customs Law No. 14/1990, the 
"origin" of goods was the country of production, and the "source" of goods was the country from which the goods had been imported directly.  Goods  imported from a country other than the country 
of origin were subject to the tari ffs applicable to the country of origin or the country of source, 
whichever was higher.  He added that the applicab le tariff rates did not influence or determine the 
origin of goods.  The practice of applying tariffs based on the country of origin or the country of 
source would be discontinued with amendmen ts to Article 34 of the Customs Law. 
115. As per the Customs Law, the substantial tr ansformation criterion (i.e. change of tariff 
heading) applied to manufactured goods.  The origin  of goods manufactured in more than one country 
was determined on the basis of the value added.  In  this context, the Minister of Finance Resolution 
No. 356/1990 established the country of manufacture as the country of origin when the degree of 
manufacturing or the value of labour and material inputs amounted to not less than 40 per cent of the total cost of production.   
116. A certificate of origin, or a commercial i nvoice endorsed by the Chamber of Commerce and 
specifying the place of origin of goods, was require d for all products imported into Yemen.  However, 
this requirement was waived for (i) personal postal p ackages; (ii) advertising materials and samples of 
goods of no commercial value; (iii)  personal luggage and other bel ongings brought by tourists or 
travellers for personal use and within permitted limits; (iv) pe rsonal luggage, furniture and home  WT/ACC/SPEC/YEM/5/Rev.1 
 Page 41 
 
 
  appliances imported by Yemeni expatriates, with in permitted limits; (v) books, newspapers, 
magazines, periodicals and catalogues; (vi) waste fr om anchored, sunk, or wrecked ships present in 
Yemeni territorial waters; (vii) grants, donati ons, presents and assistance received by Yemen; 
(viii) goods imported by Embassies, High Commissions  and Foreign Consulates for official use, and 
on a reciprocal agreement basis; and (ix) goods import ed by members of the diplomatic corps, or by 
foreigners working in Yemen for personal use and within permitted limits, on a reciprocal agreement 
basis.  He added that the authority of the Mini ster of Finance to exempt certain items from the 
certificate of origin requirements was not discretionary.   
117. Yemen had no detailed rules of origin for non-pr eferential trade.  Provisions on preferential 
rules of origin were contained in Yemen's prefer ential agreements with Saudi Arabia and Iraq.  
Preferential treatment required a minimum of 40 per cent of local value added in the goods imported 
under these agreements.   
118. Asked to elaborate on Article 35(b) of Yemen's Customs Law regarding the clarifications 
issued by the League of Arab States, the repres entative of Yemen said that as Arabic was not an 
official language of the World Customs Organization (WCO), clarifications issued by the League of 
Arab States were unofficial translations of documents  circulated by the WCO with respect to customs 
classification and the Harmonized System.  Such tr anslations were publicly available.  On the 
treatment of the European Union (EU) as one entity for origin purposes, he st ated that the EU could 
be considered as a single entity unless an individual Member State had been identified for the origin 
of the goods.   
119. A Member invited Yemen to identify provisions in its legislation providing interested parties 
a determination of a good's origin prior to impor tation as required by Article 2(h) and Annex II, 
paragraph 3(d) of the WTO Agreement on Rules of Origin.  Yemen was also asked to clarify 
provisions in the Customs Law concerning the right to  appeal adverse decisions regarding the origin 
of an imported good.  A Member also requested an explanation for a provision in the draft 
amendments to the Customs Law (Article 28) rega rding the tariff treatment of imported goods.   
120. [The representative of Yemen stressed his G overnment's commitment to comply with the 
WTO Agreement on Rules of Origin from the date of accession.  On the right of appeal, he pointed to 
the proposed amendments to th e Customs Law allowing disagreements to be referred to a three-
member committee or to the judiciary.  He said that new rules would be enacted implementing the 
requirements of Article 2(h) and A nnex II, paragraph 3(d) of the Agreement.   The Customs Authority 
would provide, upon request of an exporter, impor ter or any person with a justifiable cause, an 
assessment of the origin of the import.  The Working Party took note of these commitments.]  WT/ACC/SPEC/YEM/5/Rev.1 
Page 42 
 
 
  - Other customs formalities 
121. The representative of Yemen said that his Government, in co-operation with the IMF, had 
facilitated and simplified customs clearance procedur es for imports.  An electronic automated system 
(ASYCUDA) had been set up at the Customs Authority  Headquarters, Sana'a International Airport, 
Al-Hudaida Seaport and Haradh Landport.  As a resu lt, time taken for customs clearance had been 
reduced considerably.   
122. In lieu of a certificate of origin, customs declarations could be accompanied by a commercial 
invoice, specifying the place of origin of the goods, and endorsed by the Chamber of Commerce or 
any other body accepted by the Customs Authority.  This endorsement verified the origin of the 
imported good.  A Yemeni or Arab Consulate Mission, present in the country or city from which the goods were exported, could endorse such invoices. 
123. He added that imported goods were released  upon examination of accompanying documents 
and payment of the applicable duties.  In case the documents were delayed, an importer could secure 
release of the goods against payment of the duties pr oposed by the Customs Au thority.  The decision 
would subsequently be verified upon arrival of the documents.  
- Preshipment inspection 
124. The representative of Yemen said that Yemeni importers could resort to preshipment 
inspection, but on a private basis and at their ow n initiative.  No Government-mandated preshipment 
inspection regime existed in Yemen.  Any such  system introduced in the future would be 
implemented in compliance with the WTO Agreement on Preshipment Inspection.  
125. [The representative of Yemen confirmed that if preshipment inspection requirements were 
introduced, they would be [temporary and] in confor mity with the requirements of the Agreement on 
Preshipment Inspection and other relevant WTO ag reements.  Yemen would [take full responsibility 
to] ensure that preshipment enterprises operating on its behalf comply with the WTO Agreement, 
including the Agreements on Technical Barriers to  Trade, Sanitary and Phytosanitary Measures, 
Import Licensing Procedures, the Implementation of Article VII of the GATT 1994, Rules of Origin, 
the Implementation of Article VI (Antidumping)  of the GATT 1994, Subsidies and Countervailing 
Measures, Safeguards, and Agriculture.  He furthe r confirmed that the establishment of charges and 
fees would be consistent with Article VIII of th e GATT 1994 and that Yemen would ensure that the 
due process and transparency requirements of th e WTO Agreement, including Article X of the 
GATT 1994, would be applied.  He also confirmed that  decisions by such firms could be appealed by  WT/ACC/SPEC/YEM/5/Rev.1 
 Page 43 
 
 
  importers in the same way as administrative decisi ons taken by the Government of Yemen.  The 
Working Party took note of these commitments.]  
- Anti-dumping, countervailing duties, safeguard regimes 
126. The representative of Yemen said that his Government had not resorted to anti-dumping, 
countervailing, or safeguard meas ures on imports due to lack of infrastructure and necessary 
mechanisms, including WTO-consistent trade remedy legislation.  Although Articles 12 and 13 of the 
Customs Law No. 14/1990 provided for the introducti on of "compensating duties" on subsidized or 
dumped imports, and authorized his Government to adopt "appropriate measures" against "harmful 
measures" inimical to the interests of the Yeme ni economy, these provisions had never been used.  
Yemen planned to introduce a new Draft Law "On Protection of Local Production Against Unfair 
Trade Practices" currently being reviewed by the House of Representatives.  On establishing 
administrative institutions with appropriately trained staff, he said that a General Department for the 
Protection of Local Production Against Unfair Practices had been set up in the Ministry of Industry and Trade.   
127. [The representative of Yemen confirmed that, from the date of accession, Yemen would not 
apply any anti-dumping, countervailing or safeguard  measure until it had notified and implemented 
appropriate laws and regulations in conformity with the provisions of the WTO Agreements on the 
Implementation of Article VI, on Subsidies and Countervailing Measures, and on Safeguards.  He 
further confirmed that Yemen would ensure the full c onformity of such laws and regulations with the 
WTO Agreement, including Articles VI and XIX of the GATT 1994 and the Agreements on the 
Implementation of Article VI, Subsidies and Count ervailing Measures, and Safeguards.  He also 
confirmed that Yemen would only apply any anti- dumping duties, countervailing duties and safeguard 
measures in full conformity with WTO provisions .  The Working Party took note of these 
commitments.] 
B. EXPORT REGULATIONS - Customs tariffs, fees and charges for services rendered, application of internal taxes to 
exports 
128. The representative of Yemen said that Yemen did not levy export duties or taxes.  However, 
as indicated in the list of duties, charges or f ees, circulated in document WT/ACC/YEM/11/Rev.1, 
Yemen applied fees and charges on certain exports, including an ad valorem  permit fee of 0.2 per cent 
on exports of pesticides (Table 15).   WT/ACC/SPEC/YEM/5/Rev.1 
Page 44 
 
 
  129. A Member noted that several export fees were ad valorem  or weight- or quantity-based and, 
in violation of Article VIII of the GATT 1994, did not appear to correspond to the costs of services 
provided.  Yemen was requested to bring all its fees  and charges in compliance with WTO rules.  In 
response, he said that Yemen was in the process of revising its fees and charges as detailed in document WT/ACC/YEM/31/Rev.2, including replacing the ad valorem  export permit fee on 
pesticides with a fee of YRls 20,000.  The fees would approximate the cost of services rendered to ensure conformity with WTO requirements, in particular Article VIII of the GATT 1994.   
- Export restrictions 
130. The representative of Yemen said that exports we re not subject to quantitative restrictions, 
nor did Yemen apply any voluntary export restrictio ns, orderly marketing arrangements, or minimum 
export price requirements.  However, an e xport permit was issued for pesticides and technical 
clearance was required from the competent author ities for the exportation of (i) fish and marine 
products; (ii) ingots, coins, gold, silver, platinum, jewels and precious stones inspected by the Yemeni 
Standardizations and Metrology Organization (YSMO), who issued a certificate of conformity; and 
(iii) antiquities and items of historical value (approval of the Ministry of Culture).  The same rules for export permits would apply to all exporters, in  accordance with Yemen's commitments on trading 
rights.  The technical clearance of exports of fish and marine products aimed at regulating and 
enforcing safety and inspection measures, and mainta ining the reputation of Yemeni fish and marine 
products in export markets.  The technical cleara nce from the Ministry of Fisheries was granted 
automatically after the appropriate sanitary certificate had been issued.   
131. Yemen was a signatory to the Convention on International Trade in Endangered Species of 
Wild Fauna and Flora and prohibited the export of enda ngered plants and animal species.  Certain rare 
birds, flora, fauna and exhaustible materials were al so subject to export bans.  Export of charcoal was 
not permitted to prevent desertifica tion and mass felling of trees.  Goods  subject to export bans are listed 
in Table 16.    WT/ACC/SPEC/YEM/5/Rev.1 
 Page 45 
 
 
  Table 16:  Products Subject to Export Ban  
Item Reasons for Export Ban Measures Taken to Achieve the Purpose 
Charcoal Desertification and conservation of 
the environment  Charcoal is not licensed to exit across customs 
entry points 
Rare Birds and Animals Extinction  Rare birds and an imals are not licensed to exit 
across customs entry points 
 
C. INTERNAL POLICIES AFFECTING FOREIGN TRADE IN GOODS 
- Industrial policy, including subsidies 
132. The representative of Yemen said that the industrial sector had a potentially important role to 
play in economic development and generation of employment.  Yemen had not developed a 
full-fledged industrial policy, but had identified so me general objectives to encourage and develop the 
industrial sector.  These objectives included the deve lopment of infrastructure needed for industry; 
encouraging local and foreign investment in the industrial sector; the development of natural gas 
reserves for electricity generation; diversifying Yemen's economic and industrial base; establishing 
industrial projects within and outside free zones,  including small and medium-sized enterprises 
(SMEs); and establishing industrial zones operating on a build-operate-transfer or other basis.   
133. Yemen was also considering revising its legi slation on investment and industrial activities 
(new draft Investment Law had been presented to the House of Representatives); enhancing the 
investment climate; and promoting Yemen's SMEs  and handicrafts.  He added that Yemen was 
seeking assistance to develop its infrastructure a nd strengthen the production base in manufacturing, 
mining and traditional handicraft.  His Government was also examining options to promote the industrial sector in conformity with th e provisions of the WTO Agreements.   
134. The representative of Yemen said that Republi can Decree No. 127/1997 had established a 
Supreme Council for Export Promotion (SCEP) to promote Yemeni exports.  A Technical Office 
(now replaced by a General Directorate for Export in  the Ministry of Industry and Trade) serviced and 
served as the secretariat for the SCEP.  The tasks of the SCEP and the General Directorate for Export are detailed in WT/ACC/YEM/23 (pages 10-11).  The SCEP studied potential foreign markets, organized trade missions and trade fairs, and provi ded information to domestic  and foreign exporters.  
Studies on Yemen's neighbouring markets, commissioned by the SCEP, would be an input in his 
Government's future export policies.  Neither  the SCEP nor the General Directorate for Export 
provided any type of fina ncial support to exporters. WT/ACC/SPEC/YEM/5/Rev.1 
Page 46 
 
 
  135. An import duty drawback scheme had been cr eated through the Customs Law No. 14/1990.  
Provisions on duty drawback were also included in  the amendments currently considered to the 
Customs Law.  The duty drawback scheme allowed fo r partial or complete refund of import duties on 
raw materials and inputs used in the production of th e exported final product.  The application of this 
scheme was based on actual costs and the refund c ould never exceed the amount of duties actually 
paid.  Requests for duty drawback were ev aluated by a technical committee comprising 
representatives of the Customs Authority, the Mini stry of Industry and Trade, the Ministry of 
Agriculture, or the General Investment Authorit y.  The applicant specified and documented the 
quantity of raw materials imported throughout the year and the amount of fees and duties paid, and 
the technical committee conducted field visits to veri fy the percentage of imported materials used in 
the exported product.  The committee prepared a detailed report, supported by invoices and import 
records, to ensure that the duty drawback applie d only to the imported inputs used in the exported 
goods.  The representative of Yemen stated that, in his opinion, the import duty drawback scheme was operated in a manner consistent with the guide lines outlined in Annex II of the Agreement on 
Subsidies and Countervailing Measures (ASCM). 
136. A Member noted that the existing Investment Law No.22/2002 included subsidies contingent 
upon export and the use of domestic over imported goods.  Custom duty and tax exemptions were 
currently provided pursuant to Articles 18, 20, 21, 23 and  26 of the Law No. 22/2002.  These exemptions were provided to particular project s for specific periods of time ranging from 7 to 16 
years, depending on a variety of factors (e.g., the location of the investment, the level of Yemeni 
equity participation and the usage of domestic  fixed assets).  Articles 18(f) and 21(c) of the 
Investment Law appeared to grant tax and duty ex emptions that were contingent upon local content 
and prohibited pursuant to Article 3.1(b) of the AS CM.  Export oriented projects were granted duty 
and tax exemptions pursuant to Article 26 of the In vestment Law.  Yemen wa s asked to explain how 
these export contingent incentives woul d be consistent with Article 3. 1(a) of the ASCM.  Yemen was 
also asked to confirm that its duty and tax incentives on fixed assets and production inputs were 
consistent with Annexes II and III of the ASCM, specifically that the qualifying inputs were 
consumed in the production of the exported product. 
137. In reply, the representative of Yemen stressed that the investment incentives granted pursuant 
to Investment Law No. 22/2002 were general in na ture and did not target any specific industry or 
enterprise.  He, however, acknowledged that subsidie s contingent upon exports or the use of domestic 
over imported goods were "specific" within the mean ing of Article 2.3 of the ASCM.  He confirmed 
his Government's intention to notify its subsid y programmes in accordance with Article 25 of the 
ASCM, and to apply all WTO provisions, including Article 27 of the ASCM.  He added that Yemen  WT/ACC/SPEC/YEM/5/Rev.1 
 Page 47 
 
 
  would be exempt from the obligations of Article 3. 1(a) of the ASCM by virtue of the special and 
differential treatment provisions, including Article 27.2 of the ASCM.  He also noted the decisions of 
the Sixth WTO Ministerial Conference in favour of LDCs. 
138. Noting Yemen's reference to the special a nd differential provisions of the ASCM, the 
Member nevertheless encouraged Yemen to revise its legislation to eliminate any prohibited subsidies 
as defined in Article 3 of the Agreement as s oon as possible, as Yemen's ability to apply such 
measures within WTO rules would expire once it was no longer recognized as an LDC.  If Yemen 
could not eliminate such measures from the date of  accession, an action plan should be proposed for 
the gradual elimination of the pr ohibited subsidies by a certain date, e.g. 31 December 2015.  Yemen 
was asked to identify any subsidies based on local content, and confirm that it would notify to the 
WTO all specific subsidies, prohibited or otherwise,  in accordance with Article 25 of the Agreement, 
and thus provide data on the form, amount, purpose,  duration and trade effects of the subsidies.  The 
notification would need to be detailed enough to  evaluate all subsidy programmes and guide the 
discussions for the phasing out of prohibited subsid ies.  A Member reminded Yemen that the ASCM 
exempted LDCs from the prohibition of export subsid ies, but not from the prohibition of local content 
subsidies.  Yemen was therefore urged not to resort to local content subsidies in its industrial zones or 
should it decide otherwise to specify a tran sition period to phase out these subsidies.   
139. In reply, the representative of Yemen presented a draft subsidy notification for the period 
2002 to 2009 in document WT/ACC/YEM/29.  The notif ication identified some of the tax and duty 
exemptions provided by Yemen pursuant to the Inv estment Law No. 22/2002.  In terms of form of 
subsidy, the notification only covered incentives fal ling within the scope of Article 3.1(a) of the 
ASCM.  Data concerning the amount of subsidies wa s unavailable.  He also provided an action plan, 
contained in document WT/ACC/YEM/27 and its Re vision 1, for phasing out local content based 
subsidies (by 2013).   
140. A Member noted that the action plan did not clearly indicate the specific programmes for 
which Yemen was seeking a transition period .  Moreover, Yemen's subsidy notification 
(WT/ACC/YEM/29) referred only to the export conti ngent elements of Investment Law No. 22/2002.  
Yemen was reminded that Law No. 22/2002 also pr ovided subsidies contingent upon the use of 
domestic over imported goods that s hould be notified in accordance with the guidelines contained in 
Article 25 of the ASCM.   
141. A Member pointed out that Article 29 of the ne w draft Investment Law appeared to provide 
for the continuation of subsidies contingent upo n exportation or the use of domestic over imported 
goods under Law No. 22/2002 for registered investment projects already in operation, or for projects WT/ACC/SPEC/YEM/5/Rev.1 
Page 48 
 
 
  that were in the pipeline and began production with in one year of the new Investment Law entering 
into force.  This Member stressed that before an y consideration could be given to the request for a 
transition period, Yemen should clearly identify and fully notify the particular local content subsidies 
for which it was seeking a transitional arrangement.   
142. In reply, the representative of Yemen said th at Yemen was no longer requesting a transition 
period to phase out its local content subsidies as th e new draft Investment Law would eliminate, by 
the date of accession, provisions relating to local  content based subsidies in Law No. 22/2002.  The 
new Investment Law was before the House of Repres entatives and was expected to enter into force in 
the second half of 2010.  Investment projects alread y established pursuant to Law No. 22/2002 would, 
however, continue to benefit from the tax and duty exemptions granted until the expiration of their 
eligibility period (i.e. 7 to 16 years).  
143. [The representative of Yemen confirmed that by  1 January 2013, consistent with the action 
plan set out in Table [X] (WT/ACC/YEM/27/Rev.1), Yemen would cease granting, and would eliminate the legal basis for, subsidies conti ngent upon the use of domestic over imported goods as 
prohibited by Article 3.1(b) of the SCM Agreement.   To this end, by 1 January 2013, Yemen would 
repeal Article 21(c) of Investment Law No. 22/20 02 and any other provisions in Yemeni law that 
authorized the granting of subsidies contingent  upon the use of domestic over imported goods, and 
would not re-introduce such provisions under the new Investment Law or any other instrument following accession.  He further confirmed that invest ment projects already in operation pursuant to 
Investment Law No. 22/2002 would no longer benef it from the tax and duty exemptions contingent 
upon export performance beyond the expiration of the initial eligibility period (i.e., seven to 16 years) 
or 1 January 2015, whichever is earlier.  The repr esentative of Yemen further confirmed that, in 
respect of all other types of subsidies, Yemen would administer its subsidy programmes in full 
conformity with the WTO Agreement on Subs idies and Countervailing Measures, including 
Article 27.2 thereof.  He also confirmed that, by the date of accession, Yemen would provide a 
subsidy notification (including any subsidy benefits  provided under the new investment law and any 
specific benefits granted to companies or individu als located in industrial zones and free zones), in 
accordance with Article 25 of the Agreement, to the Committee on Subsidies and Countervailing 
Measures.  The Working Party took note of these commitments.] 
- Technical barriers to trade, standards and certification  
144. The representative of Yemen said that Yemen was a member of the International 
Standardization Organization (ISO), the Basle Convention and some regional organizations.  
International standards, recommendations and guidelines served as a basis for the preparation and  WT/ACC/SPEC/YEM/5/Rev.1 
 Page 49 
 
 
  application of national standards, technical re gulations and conformity assessment procedures.  
Yemen also used standards issued by the Gulf St andardization Authority as the basis for technical 
regulations.  The Gulf standards adopted by Ye men were based on international standards.   
145. Law No. 44/1999 "On Standardization, Metrology and Quality Control", together with its 
by-laws, had established the procedures for the pr eparation, adoption and application of standards, 
technical regulations and conformity assessment pro cedures.  In his view, and as highlighted in the 
TBT checklists (documents WT/ACC/YEM/5 and 22), the principles of the WTO Agreement on 
Technical Barriers to Trade (TBT Agreement) were c overed in the existing legislation.  However, full 
compliance with the TBT Agreement would require technical and financial assistance and an appropriate transition period.  He presented an action plan for the implementation of the 
TBT Agreement in documents WT/ACC/YEM/15 and it s Revisions, and elaborat ed on priorities and 
specific needs for technical assistance in document WT/ACC/YEM/16.   
146. Pursuant to Republican Decree No. 52/2000,  the Yemeni Standardization and Metrology 
Organization (YSMO), a Government  body, had been created as a focal point on TBT matters.  
The YSMO was responsible for the preparation, adoption and applic ation of standards, technical 
regulations and conformity  assessment procedures.  The YSMO ci rculated notifications, responded to 
enquiries, and provided related documents or inform ation.  The YSMO also published newsletters and 
organized seminars to gene rate awareness on standards and related activities.  The Board of Directors of 
the YSMO consisted of representatives from the Ministries of Industry and Trade, Finance, 
Information, Agriculture, Public Works, Higher E ducation, the Supreme Authority for Medicine, the 
Federation of Chambers of Commerce and Indus try, the General Authority for Environment 
Protection, and representatives of the YSMO.   
147. The YSMO ensured intra-governmental coordina tion and cooperation in the development of 
standards, technical regulations and conformity asse ssment procedures.  Standards, as referred to in 
Yemen's legislation, could be either voluntary or mandatory (technical regulations).  The YSMO 
Board of Directors determined whether a technical regulation or standard or conformity assessment 
procedure was needed in consultation with the con cerned entities, such as the Ministry of Agriculture, 
the Ministry of Public Works, and the Ministry of Public Health and Population.  The process for developing standards, technical regulations and conformity assessment procedures was the same.  A 
decision on whether a particular measure would be a standard or a technical regulation was taken in 
the implementing development plan.  Specializ ed national committees, sub-divided in main 
committees, sub-committees and technical committees, ha d been created to prepare draft standards or 
technical regulations.  The selection of members to sit on the specialized national committees and WT/ACC/SPEC/YEM/5/Rev.1 
Page 50 
 
 
  technical committees was based on the YSMO's Bo ard Decision No. 6/2008, and these committees 
comprised of members selected from the YSMO, re presentatives of the relevant Government entity 
(ministry, corporation or authority), and a representa tive of the consumers, the commercial sector, the 
manufacturing sector, the scientific centres and universities.  The YSMO circulated draft standards and draft technical regulations to the concerned entities within the Government and to the private 
sector, universities, scientific centres etc. for review and comment.  If no comments were received 
within two months, the drafts were considered acceptable and approved.  Entities providing comments 
were invited to meet with the technical comm ittee and the main committee, where their comments 
would be duly considered.  The revised draft sta ndard was forwarded to th e Follow-Up Department 
(Directorate of Specifications) within the YSMO for fi nalization.  The final draft was submitted to the 
YSMO's Board of Directors for approval.  Concer ning comments from foreign interested parties and 
their consideration while finalizing draft measures, he said that no comments had been received from 
foreign entities so far, and comments received in th e future would be treated in accordance with the 
TBT Agreement.  He added that the YSMO, thr ough the TBT enquiry point, would notify proposed 
technical regulations and conformity assessment procedures to the WTO at the same time as it circulates drafts to the concerned Yemeni entities.   
148. A Member noted that Decision No. 27/2006 "On By-Law of Granting Yemeni Quality Mark" 
appeared to be applicable only to  domestic enterprises and produc ts.  Yemen was asked to clarify 
whether the Quality Mark was available only to local  goods and legal persons established in Yemen or 
whether imported goods were also elig ible to apply for the Mark.  In reply, he said that the Yemeni 
Quality Mark, an optional mark, could be sought by all interested partie s, domestic or foreign, and was 
available to locally produced and imported goods provided the requirements  outlined in Decision 
No. 27/2006 were met.  The effect of the mark was to assure the ge neral public that the product had 
gone through a quality check. 
149. Products requiring a certificate of conformity are listed in Table 17.  Domestic pr oducts, 
including goods destined for export, required a cert ificate of conformity issued by the YSMO.  
The purpose was to ensure the quality of locally-p roduced and exported products, and to enhance the 
competitiveness of Yemeni products in foreign markets.  The YSMO t ook samples from the 
consignment and performed tests to determine whet her the product met the applicable standards.  
The exporter was notified in writing if the sample  did not meet the standards, and a compliance 
certificate could not be issued.  Certificates i ssued by the YSMO were recognized for domestic 
products only.  For goods imported into Yemen, the YSMO had contracted two internationally 
recognized and IFIA accredited companies, BIVAC a nd Cotecna, to inspect and issue conformity 
certificates in the country of origin to accomp any each import consignment.  These two companies  WT/ACC/SPEC/YEM/5/Rev.1 
 Page 51 
 
 
  worked with exporting countries and discharged th eir functions in accordance with international 
practices.  The two companies had no role in formulating the underlying technical regulations, 
standards or conformity assessment procedures as th ese were developed solely by the Government of 
Yemen.  Importers and domestic manufacturers were subject to the same requirements.  Importers of the listed food, agri cultural, and animal products could choose to have the consignment inspected either 
prior to shipment or upon arrival.  The specific requ irements that the products were expected to conform 
to were those issued by international standard setting organizations adheri ng to the Code of Good 
Practice and the TBT Committee's Decision principles; and Yemeni requirements based on 
international standards concerning health, consumer  safety and the environment.  The measure was 
not trade-restrictive, in his opinion, as the pur pose for mandating certification of these products was 
prevention of deceptive practices and to ensure co nformity with internationally accepted technical 
regulations and standards.  He added that the conformity assessment procedures - as described in 
Table 17 and the relevant Yemeni re gulations - varied with the nature  of the product and its effect on 
health, safety and the environment.  Concerning th e basis for the selection of products subject to 
conformity assessment, he said that the health or safety risk and the domestic capacity to undertake the 
necessary inspection procedures determined the product  coverage under the "International Conformity 
Certification Program" operated domestically by  YSMO, and by BIVAC and Cotecna for goods 
imported into Yemen.  Lack of adherence to sta ndards or technical regula tions also necessitated 
inspection and conformity assessment of products.  His Government had undertaken an analysis to 
determine the need to regulate each of the groups of products listed in Table 17.  The YSMO published 
the list of products subject to conformity assessment, would notify the WTO and make available, for 
public comment, any proposed changes to this product list. 
150. In response to specific questio ns on the certificate of conform ity requirements for foodstuff in 
Table 17 (Group 5, categories 1, 2, 3, 5, 7, 8 and 9), he said that regulations for halal slaughter and 
labeling in line with Codex Aili mentarius guidelines and OIE Terrest rial Code were provided for in 
Yemeni Standard Nos. 794/2004 and 1580/2006.  The conformity assessm ent requirements for 
categories 1, 2, 3, 8 and 9 were, in his view, c onsistent with OIE guidelines for Bovine Spongiform 
Encephalopathy (BSE).  For categories 2, 3, 5, 7 a nd 9, producers were required to maintain technical 
reports relating to the conformity assessment and food safety of the pr oduct at various stages of the 
production process, as well as inspection records,  and periodic reports w ith production data and 
consumer feedback.  Milk and dairy factories we re required to adopt Good Manufacturing Practices 
(GMP) pursuant to Yemeni Standard  No. 1/2001.  YSMO periodically inspected these factories and was 
providing technical advice fo r implementation of HACCP and ISO 22000 systems.   WT/ACC/SPEC/YEM/5/Rev.1 
Page 52 
 
 
  151. Asked whether Yemen would accept without furthe r testing the product certifications of bodies 
accredited with the International Laboratory Ac creditation Corporation (I LAC) and International 
Federation of Inspection Agencies (I FIA), the representative of Yemen st ressed the principle of mutual 
recognition and requested technical assistance in the area of accreditation.  The conformity assessment system, including the accreditation of laboratorie s and the implementation of mutual recognition 
agreements, would be developed further over the pe riod 2007-2012.  YSMO intended to recognize the 
international ISO/IEC17025 standard, i.e. general requirements for th e competence of st andardization, 
testing and inspection labora tories.  Laboratories based in other c ountries were eligible for recognition in 
Yemen if considered technically co mpetent and meeting the required conditions (i.e. ISO/IEC17025).  A 
Member noted that the TBT Agreement did not limit methods of acceptance of  conformity assessment 
results.  In addition to mutual recognition agreements, other tools de pending on the sector, objective, or 
potential risks may be utilized.  In response, he sa id that Yemen would consider using other tools as 
possible alternatives to mutu al recognition to facilitate the acceptance of conformi ty assessment results.   
152. He stated that Yemen did not discriminate between domestic and imported products when 
standards, technical regulations and conformity assessment procedures were developed and applied.  
There was also no discrimination between impor ted products from one WTO Member and "like" 
imported goods from other WTO Members.  Howeve r, it was noted that Article 6 of Decision 
No. 3/2001 "On Issuance of Conformity Certificat e to Metrological Standards By-Law" stipulated 
conditions for the conformity certificates issued by YSMO, one of which appeared to make the 
certificates available only to registered enterprises pe rmitted to operate in Arab countries.  Yemen was 
requested to modify this provision, by the da te of accession, to allow exporters and producers 
established in third countries to obtain the certificate.   In reply, the representative of Yemen said that 
there were no discriminatory procedures in Decision No. 3/2001.  Conformity certificates were available to registered enterprises permitted to operate  in other countries.  A draft regulation or by-law 
amending Decision No. 3/2001 was in preparation a nd his Government was committed to bringing its 
certification regime in conformity with WTO requirements upon accession.   
153. Decision No. 2/2003 of the Minister of Industr y and Trade "On Regulations of Conformity 
Assessment of Goods and Enterprises to Accredited Standards" set the fees for issuing certificates of 
conformity (Tables 7 and 14).  In his view the fees set by YSMO, and agreed with BIVAC and 
Cotecna contracted to issue conformity certificates overseas, reflected the costs of services rendered.  
Inspection fees levied pursuant to Ministerial Deci sion No. 11/2004 "On the Regulation of Inspection 
Fees and Costs for YSMO Laboratories" on dom estic and imported products were also non-
discriminatory and commensurate to the cost of the services rendered.    WT/ACC/SPEC/YEM/5/Rev.1 
 Page 53 
 
 
  154. An Information Centre and webs ite (www.ysmo-ye.org) had been developed by the YSMO for 
the publication of information on standards, technical regulations and conformity assessment 
procedures.  Draft technical regulations were posted online for a period of 60 days and the website was 
being improved to make draft conf ormity assessment proc edures available for re view and comment.  
Approved technical regulations a nd conformity assessment procedures entered into force immediately 
upon publication of the decision in the official newspapers.  Approved measu res were subsequently 
reproduced in the monthly "Specifications" magazi ne published by the YSMO.  In accordance with 
Articles 2.12 and 5.9 of the TBT Agreement, Yemen would amend its regime to allow for a 
reasonable interval of time between publication an d entry into force of technical regulations and 
conformity assessment procedures.  The framework for making draft standards, technical regulations and conformity assessment procedures available for public review and comment would be 
strengthened.  In this context, the transparency requirements of the Code of Good Practice (Annex 3 
of the TBT Agreement) would be covered by repl acing By-Law No. 22/2001 with a new By-Law "On 
Regulation of Standards Preparation Procedures".   
155. The representative of Yemen said that the Information Centre of the YSMO had been 
established to serve as the National Enquiry Point on TBT matters (Decision No. 5/2009 "On 
Establishment of the TBT and SPS Enquiry Points" and Decision No. 6/2009 " Organizing Work of the 
Enquiry Points of TBT and SPS").  Sub-Points were  being created in the Ministries of Agriculture, 
Public Health and Population and in the Customs Au thority to coordinate with the National Enquiry 
Point in the discharge of its functions.  A special di vision within the Enquiry Point would be responsible 
for TBT notifications.  Technical assistance was requested for th e National Enquiry Point and Sub-
Points to be fully operational.  The contact details of the National Enquiry Point were: 
Name:  Nejat Ahmed Yahya Al-Khayat 
Address: Yemeni Standardization and Metrology Organization (YSMO)   Industrial Complex, Al-Zubairy Street 
  P.O Box 15261 
  Sana'a, Yemen Email:  enquiry-point@ysmo-ye.org   infoys@yemen.net.ye Website: www.ysmo-ye.org Tel:  + 967-1-408608/9 Ext: 142 Fax:  + 967-1- 472557 / 402636 / 219980 
156. A Member asked whether any harmonized rules or principles governed the development of 
regulations by individual ministries, and whether an executive body would review standards, technical 
regulations and conformity assessment procedures of the various bodies to ensure these were not 
duplicative, unnecessary, outdated or otherwise not in line with the principles of good regulatory WT/ACC/SPEC/YEM/5/Rev.1 
Page 54 
 
 
  practice.  Noting the role of the YSMO in intr a-governmental coordination, Yemen was asked to 
elaborate on the setting-up of a national mechanism for coordination between relevant agencies and 
the technical assistance needed for this purpose.  In reply, the representative of Yemen said that a 
national mechanism was required to coordinate and avoid overlap or duplication in the updating and 
revision of the relevant laws, regulations and procedures.  Th e national coordination mechanism 
would also serve to liaise with the private sector, ci vil society, media, science and research centres 
etc.  To establish the mechanism, Yemen requested technical experts, training, awareness generation 
activities, and building the necessary infrastructure.   
157. Although generally not supportive of transition peri ods for acceding countries to implement the 
TBT Agreement, a Member nevertheless recognized that Yemen, as an LDC, could seek transition 
periods.  However, this Member found Yemen's re quest for a lengthy transition period difficult to 
reconcile as Yemen had already indicated that th e principles of the TBT Agreement were covered by 
existing legislation; had established mechanisms for inter-ministerial coordination in the development 
of standards, technical regulations and conform ity assessment procedures, and to publicize and 
receive comments on drafts; and was in the process of  strengthening its enquiry point.  This Member 
reminded Yemen that the development of additional technical regulations and conformity assessment 
procedures was not a condition of WTO complia nce, but such reinforcement of Yemen's 
infrastructure should be viewed as an ongoing in terest and target for additional assistance. 
158. In response, the representative of Yemen reaffirmed his Gove rnment's commitment to fully 
implement the TBT Agreement with a transition period.  He presented an action plan setting out details 
of the steps Yemen had taken or would take in orde r to achieve this objective and a timetable for each 
step (Table 18).   The transition period was necessary  for Yemen to review and update the relevant laws, 
decrees, regulations and procedures; strengthen the enquiry point, with a special division for 
notifications, and further develop the website created to meet the transparency provisions of the 
TBT Agreement; set-up a national mechanism for coordination between  relevant agencies; continue to 
implement and develop standards, technical regulatio ns and conformity assessm ent procedures in line 
with international standards and guidelines; work on mutual recogn ition agreements; and establish a 
council for the accreditation of laboratories.  He st ressed the need for tec hnical assistance for the 
implementation of the TBT Agreement.  WT/ACC/SPEC/YEM/5/Rev.1 
 Page 55 
 
 
  Table 18:  Action Plan for Im plementation of the Agreement on Technical Barriers to Trade  
Provisions of the 
TBT Agreement Current Status/Required Actions/Implementation Requirements Time Frame 
Articles 2.9.4, 2.10.3, 
3.15, 3.3, 5.6.4, 
5.7.3, 7.1, 7.3 Implementation of laws/regulations related to the TBT 
Agreement: 
- Law No. 44/1999 "On Standards, Metrology and Quality 
Control"; 
- Decision No. 52/2000 "Establishing the YSMO"; and 
- By-laws related to TBT. 
 Review, adapt laws and by-laws in line with WTO requirements.  
 
 
  
 
 2007 - 2012 
Article 10 TBT Enquiry Point: 
(a) Legal infrastructure:  
- Decision No. 5/2009 "On Establishment of TBT and SPS 
Enquiry Points"; and 
- Decision No. 6/2009 "Organizing Work of the Enquiry 
Points of TBT and SPS". 
 Completing the preparation of th e TBT National Enquiry Point. 
 
Completing establishment of Sub-Points in the concerned bodies.  
Collecting information on activities related to the TBT Agreement 
from relevant agencies in order to establish the database for the Enquiry Point.  
  
Done. 
 Done. 
 
 2010 - 2011 
 
2010 - 2011  
2010 
Articles 2, 3, 5, 7, 10, 15.2, Annex 3, 
G/TBT/1, 5.7.1, 7.2, 7.3, 10.7, 10.10 (b) Notification: 
 
Special division within the Enquiry Point for notifications.  
Recruitment of additional staff, training on notification 
preparation and on how to deal with notifications.  
 
Done.  
2010 - 2011 
Articles  2.9.1, 3.1, 5.6.1, 7.1, 10.1.5, 
Annex 3,  Annex 4  (J, K, L, N, O), 
Article 8.1 
  
 
 Articles 2.11, 2.12, 
3.1, 5.8, 5.9, 7.1 (c) Publication and Receiving Comments: 
 
- Website created.  Draft techni cal regulations and standards 
published on the website for receiving comments through e-
mail or other means; 
- Technical regulations and standards published in official 
newspapers; 
- Website to be improved in line with requirements of the 
Agreement; 
- Issuing an official bulletin (YSMO Newsletter) concerning 
the publication of drafts, other technical regulations, and 
receiving comments; and 
- YSMO allowing for a period to lapse between the issue of a 
technical regulation and its implementation. 2007 - 2010 
 
Done.  
 
Done.  
Done. 
 2010 
 
 Done. WT/ACC/SPEC/YEM/5/Rev.1 
Page 56 
 
 
  Provisions of the 
TBT Agreement Current Status/Required Actions/Implementation Requirements Time Frame 
Articles 2, 3, 5, 6, 7, 
2.3, 3.1, 7.1 Technical regulations: 
 
- Using international standards, evidence and 
recommendations as a basis for developing technical 
regulations and conformity assessment procedures; 
- Adopting standards of Gulf Cooperation Council (GCC) and 
implementing YSMO-related laws and regulations; 
- Taking measures at customs en try points, in conformity with 
measures stipulated in the provisions of the Agreement; 
- YSMO working on the development and implementation of 
procedures in line with the international agreements; 
- Setting up a national mechanism for coordination between 
relevant agencies; and 
- Separating technical regulations from standards 2007 - 2013 
 
Done.  
 
Done.  
Done. 
 2007 - 2013 
(continuous) 
2010 - 2011  
2010 - 2013 
Articles 2.1, 3.1, 5.1, 
5.2, 7.1, 10.4, 2, 3, 5, 
6, 7, Annex 3 (D, E), 
Article 8.1 Conformity Assessment: 
 
- Registering imported and local products to smooth control 
process.  YSMO physically inspecting imported and local products and lab examination, as necessary.  Issuing the 
release of imported goods based on physical inspection and 
lab examination.  Applying system of "Good Manufacturing Practices" (GMP) on local indust rial food enterprises.  No 
discrimination between domestic and foreign products; 
- Reviewing and updating the conformity assessment 
procedures on products according to international guidelines 
and practices in order to be in line with the Agreement; 
- Reviewing and updating the systems of granting Yemeni 
Quality Mark and conformity cer tificates for local products; 
- Reviewing and updating the control procedures for local 
products; 
- Reviewing and updating the control procedures on imported 
and local products and those for export through the 
implementation of conformity certificate in th e country of 
origin in accordance with international standards and 
guidelines and in line with the Agreement; 
- Establishing new YSMO offices and branches in the rest of 
governorates and customs outlets; 
- Applying the system of Good Health Practices (GHP) and 
Hazard Analysis and Critical Control Point (HACCP) on 
industrial food enterprises; 
- Updating the Risk Management Department in line with the 
provisions of the Agreement; 
- Participating in conferences, seminars, regional and 
international workshops on conformity assessment procedures; and 
- Improving inspection procedures on imported and local 
products.  
 
Done. 
  
 
  
 
2007 - 2012. (continuous) 
 
Done.  
2007 - 2012 
 Done. 
 
  
 
2007 - 2012 
 
2007 - 2012 (continuous) 
 
2007 - 2012  
(continuous) 
  
(continuous) 
Articles 2.1, 3.1, 5.1, 
5.2, 7.1 Accreditation of laboratories: 
 
- Establishment of an accreditation department to pave way 
for accreditation council in a few years; 
- Plan to establish a national  accreditation council; 
- Establishing accreditation council; 
- Building lab capacity; and - Training for accreditation controllers.  
 
Done. 
 2007 - 2012 
2010 - 2014 
2007 - 2013 2010 - 2012 
(continuous)  WT/ACC/SPEC/YEM/5/Rev.1 
 Page 57 
 
 
  Provisions of the 
TBT Agreement Current Status/Required Actions/Implementation Requirements Time Frame 
Articles 2.7, 3.1, 6, 
7.1 Mutual recognition and conformity  assessment: 
 
- Signing some memorandums of understanding; - Activating these memorandums of understanding to reach 
agreements on mutual  recognition; and 
- Concluding other agreements especially with States that 
have business relations with Yemen.  
 
Done. 2010 - 2012 
 
2010 - 2012 (continuous) 
Full implementation of the WTO Agreement on Te chnical Barriers to Trade 31 December 2014 
 
- Sanitary and phytosanitary measures 
159. The representative of Yemen said that Yemen was a member of the Codex Alimentarius 
Commission, the World Organization for Animal Hea lth (OIE) and the International Plant Protection 
Convention (IPPC).  Yemeni representatives attende d Codex, OIE, and IPPC  meetings on a regular 
basis and would seek funding to participate in th e technical committees of the Codex and OIE.  
Yemen's SPS measures were applied in line with  the standards of these international bodies.  
International standards were also taken into acc ount in developing and in troducing new SPS measures 
in Yemen.  Law No. 32/1999 "On Plant Quarantine"; Law No. 17/2004 "On the Organization and 
Protection of Livestock" (Animal Wealth); Law No. 44/1999 "O n Standardization, Metrology and 
Quality Control" and Law No. 38/ 1992 "On Control over Food" with  its amendments, by-laws and 
implementing regulations provided th e legislative basis for the protection of plant life and health; 
animal life and health; and food safety, respectiv ely.  He added that a new draft Law "On Plant 
Quarantine" had been prepared and Law Nos.  17/2004 and 44/1999 were being reviewed for 
consistency with international st andards and WTO requirements.   
160. The Ministry of Agriculture and Irrigation was responsible for overseeing the preparation and 
implementation of phytosanitary measures in Yemen.  The Ministry administered and was responsible 
for the control, inspection and approval of plant life and health measures.  The Ministry also enforced 
plant quarantine in accordance with  the Plant Quarantine Law No. 32/1999.  Application forms to 
receive prior permission to import plant consig nments were either obtained from the General 
Department of Plant Protection, the website of the Ministry of Agriculture and Irrigation (www.mai-
yemen.org), or the IPPC website (www.ippc.int).  The completed form was submitted with proof of 
payment of the applicable fees (Table 7) to th e General Department of Plant Quarantine which 
examined the application and, based on a risk an alysis, would either grant permission specifying the 
phytosanitary terms and conditions to be met or deny permission and notify the applicant of the 
reasons therefore.  Sample testing was the usual practice and 100 per cent testing was limited to cases 
where high potential risks had been identified.  Th e determination of the pest risk was currently WT/ACC/SPEC/YEM/5/Rev.1 
Page 58 
 
 
  governed by the plant health regulations and a pl ant quarantine list based on a survey conducted 
in 1993.  He added that Yemen intended to apply I PPC guidelines and needed assistance to carry out a 
new survey of plant pests and a Pest Risk Analysis to  define a list of quarantine pests in the country.   
161. In accordance with Animal Wealth Law No . 17/2004, the Ministry of Agriculture and 
Irrigation oversaw animal health quarantine, insp ection and sanitary health conditions for meat 
products and eggs production.  It was also respons ible for issuing the Veterinary Health Permit 
required prior to importing consignments of unprocessed animal products.  He stated that the Ministry 
intended to issue OIE consistent Veterinary Health Certificates for exports.  In response to a specific 
question on animal quarantine, he said that Article  28 of Law No. 17/2004 regulated cases regarding 
losses due to negligence on the part of the quaran tine administration.  Proof of negligence was 
required to pursue cases for compensation.   
162. On food safety, the representative of Yemen said that the YSMO was mandated to ensure the 
safety of domestic and imported food products and conformity with the applicable regulations.  The 
YSMO issued technical regulations, standards, and technical systems related to food safety, including 
Good Manufacturing Practice (GMP), registration, im port controls, risk management, certificates of 
conformity, food safety systems for milk and dairy products, tests for animal carcasses, sanitary 
conditions for slaughtering animals, research, sci entific testing, sampling, and development of 
laboratory capabilities.  The YSMO also assessed the conformity of imported food with the applicable 
requirements through procedural inspection, veri fication of documents, and product testing, if 
necessary.  He added that the Ministries of Public Works and of Public Health and Population worked 
with the YSMO in the area of control and circulati on of foodstuff.  In coordination with the YSMO,  
the Ministry of Public Works was responsible for re gulating the circulation of food in local markets.  
It served to protect consumers health from food unfit for human consumption.  The Ministry of Public 
Health and Population was responsible for keep ing the competent authorities informed of WHO 
notifications concerning food or animal consignm ents that may be harmful to human health. 
163. He said that there was coordination between the key regulatory bodies responsible for the 
preparation, administration, control, inspection and approval of SPS measures (i.e. the Ministry of 
Agriculture and Irrigation; the Ministry of Public Health and Population; the Ministry of Public 
Works and YSMO).  Yemen would develop and impr ove this coordination on a continual basis.  
164. The representative of Yemen said that his Government was reviewing and updating its 
legislation to ensure consistency with the WTO Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement) and internat ional standards.  He presented checklists of 
illustrative SPS issues in documents WT/ACC/YEM/5 , 12 and its Revision 1, an action plan for the  WT/ACC/SPEC/YEM/5/Rev.1 
 Page 59 
 
 
  implementation of the SPS Agreement in docume nts WT/ACC/YEM/13 and its Revisions, and a 
submission on technical assistance requirements in the SPS area based on the questionnaire in 
G/SPS/W/113 in document WT/ACC/YEM/14.  He stated that the Animal Wealth Law No. 17/2004 
and its implementing regulations were being reviewed and upda ted for conformity with OIE 
regulations and the SPS Agreement by the end of 2010.  A draft Law "On Plant Quarantine" had been prepared and would be sent to the House of Repr esentatives for adoption.  Implementing regulations 
would be issued following enactment of this Law.   
165. Some Members sought clarification on whether Yemen's legislation would be amended to 
ensure that SPS measures were applied only to the extent necessary to protect human, animal and 
plant health; and to ensure that Yemen's regula tions governing plant and animal health and food 
safety would be based on independent risk assessments and scientific evidence.  Yemen was also 
requested to provide an update of any legislati on to take account of equivalence and regional 
characteristics in existing or new animal or plant health and food safety regulations.  In reply, the 
representative of Yemen said that these issues would be addressed as per Yemen's action plan to implement the SPS Agreement.  Yemen had not sign ed any equivalence agreement or system with 
neighbouring countries.  On the process of determ ining equivalence, he added that Yemen would 
comply with Article 4 of the SPS Agreement and ac cept health measures of other countries if these 
measures achieved an appropriate leve l of protection against the risk.   
166. On Yemen's position with respect to high/low pa th avian influenza virus in imported poultry 
and poultry products and in relation to Bovine Sp ongiform Encephalopathy (BSE) in beef and live 
cattle exports, he said that OIE guidelines were followed on high/low path avian influenza.  
Importation of beef and live cattle were prohibite d from BSE infected countries.  This ban and the 
requirements for foodstuff described in Table 17 were, in his view, consistent with OIE guidelines for 
BSE.  He added that Yemen would comply with the tolerance level of hormones for animals permitted 
in Codex Alimentarius and OI E guidelines, upon accession.   
167. A Member noted that the import ban of beef a nd live cattle was not consistent with OIE 
recommendations for BSE and contradicted the Hea lth Certificate for the Export of Bovine Meat 
submitted by Yemen.  This Member encouraged Yemen to apply OIE consistent treatment for trade in beef and live cattle.  On the tolerance level of hormones, Yemen was encour aged to harmonize its 
maximum residue limits (MRLs) to  Codex, or where there was no pr ovision, to consider using the 
science and standards of other WTO Members.  In response, the repr esentative of Yemen confirmed its 
intention to comply with Codex a nd OIE requirements with respect to hormone levels, and to use MRLs 
of Codex or other international standards, including those based on the science and standards of other WT/ACC/SPEC/YEM/5/Rev.1 
Page 60 
 
 
  WTO Members when establishing the MRLs for horm ones in Yemen.  He added that Yemen intended 
to comply with OIE recommendations  for beef and live cattle but requ ested assistance as the country 
currently did not have the technical capabilities to do so.  In res ponse to specific queries on the Health 
Certificate for Export of Bovine Meat, he said that  Yemen used this certificate as it was based on a 
standard form developed by the OIE Regional Office for the Middle East.  The certificate was to be 
issued by the veterinary authorities in the expor ting country.  Yemen would align the certificate to 
recognize the OIE risk classification categories a nd would follow the recommendations of the OIE 
Terrestrial Code.   
168. Concerning amending existing or enacting new SPS measures, a Member asked whether draft 
measures were made available to the public, includ ing non-Yemeni interested parties, whether an 
opportunity was provided for public comment on the draft measures, and whether the Government 
would take such comments into account in revising  the proposed measures.  The representative of 
Yemen replied that prior publication of draft SPS measures was not presently provided for in any 
official journal or the newsletter of the Ministry of Agriculture and Irrigatio n.  Food safety measures 
were, however, made available for public review  and comment prior to adoption at the YSMO 
website (www.ysmo-ye.org).  As per the revised  SPS checklist, Yemen would take steps to notify 
draft measures at an early stage, and provide WTO Members 60 days to provide comments.  
Comments would be taken into consideration while finalizing the proposed measure.   
169. The representative of Yemen said that the SPS National Enquiry Point and National 
Notification Authority had been established in the Mi nistry of Agriculture and Irrigation.  Technical 
assistance was requested for the National Notifica tion Authority and Enquir y Point to be fully 
operational by the date of accession.  The SPS Na tional Enquiry Point and National Notification 
Authority could be contacted at:   
Ministry of Agriculture and Irrigation 
Agricultural Services Sector SPS Unit P.O. Box No. 2805 
Sana'a 
Tel:  967-1-560462 Fax:  967-1-560462 Email:  spsunit.ye@yahoo.com 
Website:  under construction 
170. The representative of Yemen noted that achievi ng compliance with the requirements of the 
Agreement on the Application of  Sanitary and Phytosanitary Measures (SPS Agreement) was a 
complex task.  Yemen was accordingly seeking a tran sition period as outlined in the action plan for  WT/ACC/SPEC/YEM/5/Rev.1 
 Page 61 
 
 
  the implementation of the SPS Agreement reprodu ced in Table 19.  The transition period was 
necessary to permit the adoption of legislation, trai n staff, ensure that Government officials and 
stakeholders had good knowledge and understanding of SPS legi slative requirements, and to make 
sure that control inspection and procedures were fully operational.  He stressed the necessity for his 
Government to receive adequate technical a nd financial assistance to ensure the proper 
implementation of the SPS Agreement. 
171. During the implementation period, exis ting measures would be applied on a non-
discriminatory basis, i.e. providing for national treatment and MFN treatment to all imports.  
Measures in place at the time of accession and alread y consistent with provisions of SPS Agreement 
would not be subject to transitions.  Yemen woul d ensure that any changes made in its laws, 
regulations, and practice during the transition period would not result in a lesser degree of consistency 
with the provisions of the SPS Agreement than exis ted on the date of accession.  The Working Party 
took note of these commitments. 
Table 19: Action Plan for Implementation of the Agreement on the Application of  
Sanitary and Phytosanitary Measures  
Provisions of the SPS 
Agreement Activity Time Frame 
Review, update and issue th e Plant Quarantine Law 
No. 32/1999 and its executive Regulations No. 54/2001 for 
consistency with the SPS and the new revised text for IPPC. 2008 - 2010 
Review and update Animal Wealth Law No. 17/2004 and its 
executive regulations for harmonization with respective 
international standards of OIE and SPS Agreement. 2009 - 2010 
Review and update the Specification Metrology and Quality 
Control Law No. 44/1999 in order to conform with the SPS Agreement and Codex specifications. 2008 - 2011 
Review and update the technical food regulations and food 
specifications in accordance with the international 
specifications of the Codex Alimentarius Commission. 2008 - 2011 
Conduct sanitary survey for food safety in main cities. 2008 - 2010 
Periodic evaluation for the food control system as well as on 
food inspection activities according to the guides, manuals and 
international recommendations. 2008 - 2010 
Continuous Article 2:  
Article 2.2:  Measures applied only to the 
extent necessary to 
protect human, animal or plant life or health is 
based on sufficient 
scientific evidence 
Preparation and issuance of Food Law for the country in 
coordination and cooperation with relevant ministries and 
authorities. 2008 - 2011 
Establish the Yemeni Food Committee (Yemeni Codex 
Committee). 2008 - 2010 
Build and equip new plant quarantine stations at entry points. 2008 - 2010 
Build veterinary quarantine stations at entry points. 2008 - 2010 
Development of phytosanitary and animal health laboratories. 2008 - 2010 
Setting a central laboratory for food safety and special food 
testing laboratories at the entry points. 2008 - 2012 Article 2.2 
Development of human capacity in  the areas of phytosanitary 
and animal health. 2008 - 2010 WT/ACC/SPEC/YEM/5/Rev.1 
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  Provisions of the SPS 
Agreement Activity Time Frame 
Check and ensure the compliance of the above mentioned laws 
and regulations with SPS provisions on non-discrimination, 
control, inspection and approval procedures. 2008 - 2013 Article 2.3, 
Annex C.1(a) and (d): 
Non-discrimination 
Updating information on import requirements for plants, plant 
products, animal and animal products and other related 
articles. 2008 - 2009 
Continuous 
Check and ensure the compliance of the above mentioned laws and regulations with harmonization obligations. 2008 - 2013 
Participation in SPS major meetings and other related sanitary 
and phytosanitary agreements meetings and their subsidiary 
organizations. 2008 - 2010 
Continuous Article 3:  Articles 3.1, 3.3 and 3.4: 
Harmonization with 
international standards, guidance, and 
recommendations Implement the international standards for sanitary and 
phytosanitary measures. Continuous 
Article 4:  Equivalence Check and ensure the compliance of the above mentioned laws 
and regulations with equivalence obligations. 2008 - 2013 
Update pests' lists according to risk analysis and assessm ent. 2008 - 2010 Article 5: 
 Articles 5.1, 5.2 and 5.3: 
Risk assessment to 
ensure that measures are based on science and 
applied only to protect 
health Implement specific technical trai ning program in particular: 
- Plant pest risk analysis; 
 Implementation of HACCP system and related 
procedures; and 
- Animal disease risk analysis. 2008 - 2010 
Creation of food-born diseases' lis ts according to risk analysis 
and assessment. 2008 - 2010 Articles 5.1, 5.2 and 5.3: 
Establishment of risk analysis and assessment management. 2008 - 2010 
Initiation to find pest or disease free areas and areas of low 
pest or disease prevalence. 2008 - 2010 Article 6 and 
Annexes A.6 and A.7: 
 Adaptation to regional 
conditions Declaration of pest or disease free areas and areas of low pest 
or disease prevalence. 2008 - 2011 
Follow up the process of the establishment and development 
of National Notification Authority and Enquiry Point in the Ministry of Agriculture and Irrigation.   Done. 
Article 7 and Annex B: 
 Transparency:  
Establishment and 
operation of a single 
enquiry point, 
publication of regulations and 
notification Development of the subsidiary enquiry points in line 
ministries and authorities (Ministry of Health, Yemen 
Specifications and Metrology Organization).  2008 - 2010 
Development of the pesticides residue analysis lab. 2008 - 2010 
Development of veterinary drugs residue analysis lab. 2008 - 2010 Article 8 and Annex C: 
 Control and inspection / 
approval procedures for 
additives / tolerance contaminants in food Development of additives and contaminants analysis lab. 2008 - 2010 
Full implementation of the WTO Agreement on the Application of Sanitary and 
Phytosanitary Measures 31 December 2014 
 
172. Some Members highlighted the progress made by  Yemen in reviewing its SPS legislation and 
invited Yemen to continue with its efforts to bring regulations and legislation progressively in 
compliance with the SPS rules.  They took note of Yemen's request for a transition period till  WT/ACC/SPEC/YEM/5/Rev.1 
 Page 63 
 
 
  31 December 2014 for full implementation of th e SPS Agreement and encouraged Yemen to take 
advantage of the technical assistance available in the SPS area.   
173. [The representative of Yemen confirmed that, [upon accession to the WTO, or within an 
agreed transition period][by 31 December 2014], Yemen would base all of its SPS measures on the 
Codex Alimentarius, OIE and IPPC standards, guidelines, and recommendations in accordance with 
the requirements of the SPS Agreement.  The Working Party took note of these commitments.] 
- Trade-related investment measures 
174. The representative of Yemen said that foreign and domestic investment received equal 
treatment with no discrimination in respect of rights,  obligations, rules and procedures.  In his view, 
the "Production Sharing Agreements" or "Special  Agreements", covering hydrocarbon exploration 
concessions, were not inconsistent with the Agre ement on Trade-Related Investment Measures.  
He reiterated that his Government intended to av ail itself of local content and export performance 
requirements in establishing industrial zones shou ld such measures be considered conducive to 
Yemen's industrial development.  He acknowledged that Yemen pr ovided tax and duty exemptions 
pursuant to Articles 20 and 21 of the Investment  Law No. 22/2002 to prom ote local content in 
investment projects, and that these incentives were not fully consistent with the Agreement on Trade-
Related Investment Measures (TRIMs).  He s ought the understanding of Members on these issues in 
the light of Annex F to the Declaration of the Sixth Ministerial Conference. 
175. Some Members requested Yemen to provide an  action plan for the implementation of the 
TRIMs Agreement.  The plan should include eliminat ion of all TRIMs in a ma nner consistent with the 
TRIMs Agreement and WTO Declarations, also fo r measures applicable to industrial zones, 
production sharing agreements, and special agreemen ts.  Concerns were raised regarding Yemen's 
intentions to avail itself of local content requireme nts to promote investment in industrial zones.  
A Member stated that in order fo r Yemen to utilize transitions to maintain its TRIMs, Yemen should 
identify them for notification, indicate how l ong within the allowable period Yemen believed it 
necessary to maintain these measures, and make a co mmitment to eliminate all measures inconsistent 
with the Agreement by a certain date, e.g. 31 December 2014.  No transition period could be 
considered without Yemen identifying its possible TRIMs and setting out an action plan to eventually remove all measures inconsistent with the TRIMs Agreement and WTO Declarations.   
176. The representative of Yemen presented a notification, in document WT/ACC/YEM/30, 
identifying measures in the Investment Law that we re not in conformity with the provisions of the 
TRIMs Agreement.  Yemen was re questing a transition period (till 2015) to phase-out the investment WT/ACC/SPEC/YEM/5/Rev.1 
Page 64 
 
 
  incentives that were contingent upon promoting local content in fixed assets (capital goods).  Any 
future resort to such programmes would be in accordance with WTO provisions.   
- Free zones, special economic areas 
177. The representative of Yemen said that the La w No. 4/1993 "On Free Zones" defined a wide 
range of economic activities that could be undertaken and were promoted in a free zone.  In practice, 
all industries that could be established in Yemen we re permitted to operate in the free zones.  Goods 
imported into a free zone, as well as the products manufactured in and exported from such a zone, 
were not subject to import and export duties, fees or production taxes.  All firms or projects operating 
in a free zone were exempt from taxes on profits  and from corporate income tax for a period of 
15 years (Article 12 of Law No. 4/1993).  This tax ex emption could be extended for a period of up to 
10 years upon approval by the Council of Minister s.  Establishment in a free zone was the only 
criterion for receiving these tax exemptions.  Salari es, wages and other remuneration of non-Yemeni 
employees, working on projects within a free zone , were exempt from income tax.  No foreign 
exchange control measures were applied to the free zones, and the transfer of capital, profits and 
salaries was unrestricted.  Yemen's foreign exchange regulations had in any case been liberalized, also 
for companies located outside the free zones.  G oods sold from a free zone to the domestic market 
would be subject to customs duties, other borde r taxes and fees, and normal customs procedures 
pursuant to the Customs Law and the Free Zones Law.   
178. The Free Zones Law provided the legislative basis for the establishment of the Aden 
Free Zone.  The benefits available to licensed investment projects in the free zones were not 
contingent on local content or export performance re quirements.  All firms or projects in a free zone, 
including those with 100 per cent foreign owners hip, were entitled to the same incentives and 
guarantees provided for in the Law.  He confirmed that free zones would be subject to, and covered 
by, any future commitments undertaken by Yemen as a Member of the WTO.   
179. A Member reiterated a request that Yemen eliminate any remaining prohibited subsidies 
within the meaning of Article 3 of the Agreemen t on Subsides and Countervailing Measures, also in 
its free zones.  The representative of Yemen stated  that Yemen would apply all the provisions of the 
Agreement, including its Article 27.   
- Government procurement 
180. The representative of Yemen said that govern ment procurement was regulated by Law 
No. 3/1997 "On Government Bids, Tenders and Ware houses".  Except for the Ministry of Defence,  WT/ACC/SPEC/YEM/5/Rev.1 
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  procurement of ministries and government bodies, at central and local level, was usually carried out 
by public tender.  Although commercially-oriented State-owned enterprises were not subject to Law 
No. 3/97, as a general rule, wholly State-owned en terprises also used public tendering to purchase 
goods and services.   
181. The High Committee for Tenders and its branch es supervised and monitored government 
procurement.  The High Committee was responsible for announcing, receiving, evaluating and awarding tenders.  In accordance with the Executiv e Regulation of Law No. 3/1997, the procurement 
methods used in Yemen were direct order (for purchases less than YRls 30,000); direct tendering 
involving at least two bidders (value between YR ls 30,000 and YRls 200,000); limited tendering with 
three or more competing bidders (procurement be tween YRls 200,000 and YR ls 1 million); and public 
tenders open to all qualified bidde rs, and announced in the media, for government procurement of 
more than YRls 1 million.  Technical and ad ministrative committees were  established, in the 
concerned government bodies, to oversee the tende ring process, including the preparatory stages and 
the post-announcement procedures.  The Law stipul ated equal and fair treatment for all potential 
suppliers.  The right of appeal was provided for in  the Law, and appeals could be directed to the 
courts or to the authority responsible for the procurement.   
182. A Member encouraged Yemen to consider  acceding to the Agreement on Government 
Procurement.  In response, the representative of Yemen said that his Government would decide how 
to deal with this Agreement after accession to the WTO.  At present, Yemen had no intention to join 
the Agreement.   
- Transit 
183. The representative of Yemen said that transit tr ade was governed by the provisions of the 
Customs Law No. 14/1990.  The Customs Law provided for the use of international transit documents, unified forms, and security and safety pro cedures.  Goods in transit were not subject to 
restrictions or prohibitions unless specified otherwis e in domestic laws and regulations.  In his view, 
the Customs Law was consistent with Article V of the GATT 1994.   
184. Transit trade was supervised by the Customs Authority.  The Authority could identify the 
entry points, the transportation means and the itin erary for the passage of goods, taking into account 
agreements concluded with other countries.  Goods in transit were declared and, if necessary, 
inspected and sealed.  The Customs Authority coul d request a guarantee to cover the customs duties 
applicable if the cargo was diverted to the domestic market.  The Authority  issued permits that could 
be cancelled in case of violation or misuse.   WT/ACC/SPEC/YEM/5/Rev.1 
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  - Agricultural policies 
185. The representative of Yemen said that agricu lture was the backbone of Yemen's economy, 
employing about 52 per cent of the work for ce and accounting for 13 per cent of Yemen's GDP 
in 2009.  He provided information on the agricu ltural sector, including tables on domestic support and 
export subsidies, for the peri od 2006 to 2008 in document WT/ACC/SPEC/YEM/1/Rev.1.   
(a) Imports 
186. The representative of Yemen said that imported agricultural goods were subject to customs 
duties and taxes, as well as technical regulati ons, standards, quarantine and SPS requirements.  
Yemen prohibited the importation of coffee and mango,  and maintained seasonal restrictions on some 
fruit and vegetables that were sensitive and important for farmers' livelihoods an d in their contribution 
to the economy.  These seasonal restrictions a nd ban on imported coffee and mango would be lifted 
upon accession  (see "Quantitative Import Restrictions ").  Custom duty exemptions could be provided 
to the Government's agricultural projects.  The ex emptions were currently limited to machinery, 
equipment, tools, materials and products imported by the Ministry of Agriculture and Irrigation for 
rural development and for use in infrastructure projects.  The Ministry was implementing these 
projects with international organizations such as the World Bank, IFAD, and the FAO.   
(b) Exports 
187. The representative of Yemen said that Yemen was a signatory to the CITES Agreement and 
prohibited the export or trade in enda ngered plant or animal species.  The export of some rare birds, 
flora and fauna were also discourage d to preserve the environment.   
188. No export subsidy, e xport finance, export credit or gua rantee programmes were currently 
available.  His Government reserved the right to introduce measures in full compliance with the rights 
and obligations of the Agreement on Agriculture, including the special and differential treatment 
provisions available to LDCs with respect to ma rket access, domestic support and export subsidies.  
Some Members encouraged Yemen to bind its agri cultural export subsidies at zero upon accession.  In 
reply, the representative of Yemen said that Yemen would bind agricultural export subsidies at zero 
from the date of accession, in accordance with Ar ticle 9 of the WTO Agreement on Agriculture.   
(c) Internal policies 
189. The representative of Yemen said that his Gove rnment was seeking to promote agricultural 
production as a long term objective in tandem w ith Yemen's food security and poverty reduction  WT/ACC/SPEC/YEM/5/Rev.1 
 Page 67 
 
 
  strategy (Third Five Year Development and Pove rty Reduction Plan, 2006-2010).  Policy instruments 
to encourage agriculture included rural developmen t projects; agencies providing advisory services to 
farmers; training and awareness generation on th e use of modern agricultural technology and 
techniques; public works, including infrastructure,  water management or minor irrigation projects 
such as the construction of small dams and tanks to collect rain water in drought-prone areas; efforts 
to control pests and agricultural diseases; and the es tablishment of small plant nurseries in villages.  
His Government provided credit and funded research  to develop and improve agricultural production 
and the institutional infrastructure needed for the production and marketing of agricultural products.  
Loans to farmers were generally disbursed thr ough the State-owned Cooperative and Agriculture 
Credit Bank at market interest rates.  However, loans for the purchase of agricultural machinery, 
equipment and inputs could be di sbursed on concessional terms, in  which case the interest subsidy 
would be covered by a special f und backed by the Government or donor programmes.  Information on 
the loan terms, repayment conditions, default fees and penalties, applicants eligibility and 
qualifications, repayment and defau lt rates, and the total amount of  money disbursed through Yemen's 
lending programmes was provided in document WT/ACC/YEM/32 (pages 28-29). 
- Textiles regime 
190. The representative of Yemen said that textile im ports were not subject to quotas or other 
restrictions.   
V. TRADE-RELATED INTELLECTUAL PROPERTY REGIME 
- GENERAL 
- Industrial property protection 
191. The representative of Yemen said that the Intellectual Property Rights Law No. 19/1994 
provided the basis for intellectual property protectio n in Yemen.  The Law regulated and protected 
different forms of intellectual property, including tr ademarks, copyright, industria l designs and patents.  
His Government was reviewing the existing legisla tion and drafting new laws to ensure compliance 
with the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement).   
192. He provided information on the implementa tion of the TRIPS Agreement in document 
WT/ACC/YEM/7 and its Revision 1, as well as an  action plan (document WT/ACC/YEM/8 and its 
Revisions), detailing the technical assistance, funding and transitional arrangements required by 
Yemen to implement the TRIPS Agreement.  As per the timeframes set out in the action plan 
(Table 20), draft copyright and industrial property laws would be approved by 2010, an industrial WT/ACC/SPEC/YEM/5/Rev.1 
Page 68 
 
 
  property information centre would be established by 2011, and the full implementation of the 
TRIPS Agreement was expected by 2014 (except fo r patent protection of pharmaceuticals covered by 
the Decision on TRIPS and Public Health (WT/L/641)). 
193. The representative of Yemen requested tec hnical assistance to establish, enhance and 
modernize the IPR Departments; to build human cap ital and the capacity to enforce IPR legislation; 
and to provide training and generate awareness among the authorities, including the judiciary, customs, and the prosecution agencies.   
Table 20:  Action Plan for the Implementation of the Agreement on Trade-Related Aspects of
 
Intellectual Property Rights  
Action Timeframe 
Copyright and Related Rights: 
- Reviewing Law No. 19/1994 on Intellectual Property (Copyright 
and Related Rights). 
 
Drafting revised Copyright and Related Rights Law.  
- Consultation on the draft Copyright and Related Rights Law; 
- Review by the Ministry of Legal Affairs; and 
- Endorsement by the Council of Ministers. 
 - Approval of Copyright and Related Rights Law by Parliament. 
- Issuance of Presidential Decree.  
Done.  
 
Done.  
Done. 
Done. 
Done. 
 31 December 2010  
31 December 2010 
Membership to the Berne Convention for the Protection of Literary and 
Artistic Works (1971). Done.  Member since 14 April 2008. 
Training of technical personnel in copyright and related rights protection 
as well as customs officials, police, judges and lawyers. Continuous. 
Establishment of Copyright and Related Rights Information Centre. 2011 
Reorganization and establishment of Copyright and Related Rights 
Office. 2011 
Computerization of Copyright and Related Rights Office. 2011 
Developing copyright and related rights regulations and work manuals. 2012 
Enhancing public awareness on the protection of copyright and related 
rights. Continuous.  WT/ACC/SPEC/YEM/5/Rev.1 
 Page 69 
 
 
  Action Timeframe 
Industrial Property: 
- Reviewing Law No. 19/1994 on Intellectual Property 
 (Trademarks, Industrial Designs, Patents) 
 Drafting laws to protect: 
- Trademarks and Geographical Indications; 
- Industrial Designs; - Patents; 
- Undisclosed Information; 
- Layout - Design of Integrated Circuits; and - Anti-Competitive Practices in Contractual Licenses. 
 
- Consultation on the draft Industrial Property laws; - Review by the Ministry of Legal Affairs; and 
- Endorsement  by the Council of Ministers. 
 
- Approval of the Industrial Property laws by Parliament. 
- Issuance by a Presidential Decree.  
Done. 
 
 Done. 
 
  
 
  
 
Done.  31 December 2010 
31 December 2010 
 
31 December 2010 
31 December 2010 
Membership to the Paris Convention for the Protection of Industrial Property (1967). Done.   
Member since 15 November 2006. 
Training of technical personnel in Industrial Property protection as well 
as customs officials, police, judges and lawyers. Continuous. 
Establishment of Industrial Property Information Centre. 2011 
Reorganization and establishment of Industrial Property Office. 2011 
Computerization of Industrial Property Office. 2011 
Developing industrial property regulations and work manuals. 2012 
Enhancing public awareness on the protection of industrial property 
rights. Continuous. 
Full implementation of the Agreement on Trade-Related Aspects of 
Intellectual Property Rights (except with respect to patents and 
undisclosed information of pharm aceutical products covered by the 
Doha Declaration on TRIP S and Public Health). 31 December 2014 
 
- Responsible agencies for policy formulation and implementation 
194. The representative of Yemen said that the Minist ry of Industry and Trade was responsible for 
the regulation and protection of industrial property rights.  The Ministry of Culture was responsible 
for policy formulation and protection of copyright a nd related rights.  The Ministry of Culture had 
established a Department for Intellectual Property Rights within the General Directorate for Artistic 
Classification and Intellectual Property to fulfil th is role (Decision No. 126/1999).   
- Participation in international intellectual property agreements 
195. The representative of Yemen said that Yemen had become a member of the World 
Intellectual Property Organization (WIPO) in 1979,  and had acceded to the Paris Convention on 
15 November 2006 and to the Berne Convention on 14 April 2008.  His Government was not a 
signatory to any other intellectual property conventions or agreements. WT/ACC/SPEC/YEM/5/Rev.1 
Page 70 
 
 
  196. A Member requested information on Yemen's plans to accede to intellectual property treaties 
such as the Brussels Convention Relating to th e Distribution of Programme-Carrying Signals 
Transmitted by Satellite, the International Convention for the Protection of New Varieties of Plants, 
the Patent Cooperation Treaty, the WIPO Copy right Treaty and the WIPO Performances and 
Phonograms Treaty.  The representative of Yeme n replied that he expected accession to such 
agreements to lead to financial, institutiona l and administrative burdens exceeding Yemen's 
capabilities.  However, Yemen would examine the f easibility of acceding to them.  In response to a 
specific question, he said that Yemen did not inte nd to accede to the WIPO Copyright Treaty and the 
WIPO Performances and Phonograms Treaty.   
- Application of national and MF N treatment to foreign nationals 
197. Some Members questioned the consistency of  Articles 64, 105 and 120 of the Intellectual 
Property Rights Law No. 19/1994 with the national treatment obligation of the TRIPS Agreement for 
patents and industrial designs.  The representative of  Yemen replied that the Law generally provided 
national and MFN treatment to foreign natural and le gal persons.  However, fo r patents, Article 120 of 
the Law provided national treatment only to foreig ners living outside Yemen, and not explicitly to 
non-nationals residing in Yemen.  He said that Yeme n would revise its law to ensure full conformity 
with Article 3 of the TRIPS Agreement.   
198. Concerning copyright and related rights and the protection accorded to works of Yemeni or 
foreign authors - whether resident in Yemen or livi ng abroad, he said that Article 3(b) of the draft 
Law "On the Protection of Copyright and Relate d Rights" took account of the national treatment 
principle of the TRIPS Agreement.  Protection was given to Yemeni and foreign authors from 
countries that were signatories to treaties and inte rnational agreements on intellectual property to 
which Yemen was also a party.   
- Fees and taxes 
199. The representative of Yemen said that the regi stration of creative activities (i.e. copyright) 
was free of charge until the establishment of appropr iate fees for registration.  Tables 21 and 22 
enumerate the registration fees for trademarks, patent s and industrial designs set by the Ministry of 
Industry and Trade.  WT/ACC/SPEC/YEM/5/Rev.1 
 Page 71 
 
 
  Table 21:  Registration Fees for Trademarks and Patents.  
Measure Fee in YRls 
Trademark Application  3,000 
Trademark registration 9,000 
Replacement for lost certificate 6,000 
Protest to trademark registration  6,000 
Application for trademark transfer and mortgage  7,500 
Application for trademark deletion 3,000 
Application for trademark renewal   12,000 
Patent Application 3,000 
 
Table 22:  Registration Fees for Industrial Designs  
Measure Fee in YRls 
Application for deposition of industrial design 20,000 
Registration fees 10,000 
Application for registration of modifications to data of design owner 10,000 
Fees for obtaining a true copy 10,000 
Application for obtaining data from registry 10,000 
Replacing a lost registra tion certificate 10,000 
Raising a grievance to Grievance Committee 10,000 
Application for registering the tran sfer of property, mortgaging, or 
waiving the industrial design. 20,000 
Application for registering a li cence to use the design 20,000 
Application for deletion 5,000 
Application for renewal of industrial design 
(a) when submitted during the final year of protection   
(b) when submitted within 3 months after expiry of protection  
20,000 
20,000 + fine of 5,000 per month 
 
- SUBSTANTIVE STANDARDS OF PROTECTION, INCLUDING PROCEDURES 
FOR THE ACQUISITION AN D MAINTENANCE OF INTELLECTUAL PROPERTY 
RIGHTS 
- Copyright and related rights 
200. The representative of Yemen said that his Government had drafted a Law "On the Protection 
of Copyright and Related Rights" to replace the ge neral Intellectual Propert y Rights Law No. 19/1994 
as the legislative basis for copyright  protection.  The new Law was exp ected to be in force by the end 
of 2010.  He said that the Law "On the Protection of Copyright and Related Rights" would be in line 
with the provisions of the TRIPS Agreement and would replace and supersede all conflicting 
provisions concerning copyright and related rights found in Yemen's legislation.   
201. Currently, the Intellectual Property Rights Law gr anted copyright to cr eative works in arts, 
literature, and science regardless of form, purpose,  importance, or production process.  Copyright 
protection was accorded to scientific, literary a nd artistic writings; drawings, paintings, engravings, WT/ACC/SPEC/YEM/5/Rev.1 
Page 72 
 
 
  illustrations, architectural, sculptural and lithograph y works; speeches, lectures, sermons and other 
works; theatre, drama and musical works; musi cal compositions; photographi c and cinematographic 
works; maps, geographical drawings and sketches;  audiovisual works for radio or television 
broadcasting; applied arts, etc.  Article 24 of the Intellectual Property Rights Law provided protection 
of works for the lifetime of the author and for 30  years after his/her death.  Article 25 accorded 
protection to cinematographic and television film producers for a 25 year period.  Portrait right 
holders were protected for a 10 year period.  The term of protection for radio and television 
broadcasts were two and three years, respectively, as per Article 27 of the Law.  Article 39 provided 
permanent copyright protection for rights held by sci entific, literary or artistic bodies and institutions. 
202. In the context of revising existing legislation, computer programmes and compilations of data 
would be provided protection in accordance with Article 10 of the TRIPS Agreement.  Rental rights 
for computer programmes and cinematographic work s, currently protected on the basis of their 
respective rental contracts, would also be ensured in line with Article 11 of the TRIPS Agreement.  
Asked about the protection of performers, produ cers of phonograms and broadcasting organizations, 
stipulated in Articles 14.1, 14.2 and 14.3 of the TRIPS Agreement, the representative of Yemen said 
that Articles 3 and 13 of the Law No. 19/1994 protect ed performance rights and their utilization, and 
that Yemen would seek to comply with Article 14 of the TRIPS Agreement in revising the present 
legislation.  On the term of protection provided, he said that full compliance with Article 12 and 14.5 
of the TRIPS Agreement, and Article 7 of the Berne Convention, would be addressed in the new Law.   
203. Some Members requested further information on the conformity of the Intellectual Property 
Rights Law with the provisions of the Berne Convention (Articles 5.2, 12, 18), incorporated by 
reference in Article 9 of the TRIPS Agreement.  A Member noted that Article 16 of the Law did not 
appear to refer to quotations, and Article 13, listing authors' exclusive rights, did not include the full 
right of adaptation of works.  In reply, the representative of Yemen said that compliance with 
Article 9 of the TRIPS Agreement would be addressed  in the new Law.  Article 3.4 of the present 
Law corresponded to Article 12 of the Berne Convention in protecting the authors' rights on the 
adaptation of works.  He reaffirmed that Artic le 16 of the Law referred to quotation and not 
adaptation of the works.  A full right of adaptation,  in line with Article 12 of the Berne Convention, 
would be taken into account in the new Law.  Con cerning Article 5.2 of the Berne Convention and the 
mandatory registration procedures in Articles 35-37 of the existing Law, he said that the Law granted 
the enjoyment and exercise of copyright.  Howe ver, the new Law would not include provisions on 
mandatory registration procedures.  The new La w would also address Article 18 of the Berne 
Convention, providing for protection of works that had not yet fallen into the public domain.    WT/ACC/SPEC/YEM/5/Rev.1 
 Page 73 
 
 
  204. Having reviewed a draft of the new Law "O n the Protection of Copyright and Related 
Rights", a Member noted that Article 40 of the dr aft did not appear to meet the requirements of 
Article 13 of the TRIPS Agreement.  Yemen was as ked to confine the exceptions and limitations to 
exclusive rights to certain special cases that did not conflict with a normal exploitation of the work and did not prejudice the legitimate interests of the ri ght holder.  Yemen was also asked to clarify how 
Article 3 paragraph (c) of the draft Law would me et the requirements of Article 18 of the Berne 
Convention.  The representative of Yemen replied that  Article 40 would be redrafted to fully comply 
with Article 13 of the TRIPS Agreement. He confir med that Article 3 paragr aph (c) of the draft Law 
would, in conformity with Article 18 of the Berne Convention, provide protection to all works that, at 
the time the Draft Law entered into force, had not fallen into the public domain through the expiry of 
the term of protection.   
- Trademarks, including service marks 
205. The representative of Yemen said that the Intellectual Property Rights Law No. 19/1994 and 
the Decision of the Ministry of Industry and Tr ade No. 353/1995 "On Implementation of Trademark 
Regulations" provided the legislative basis for the protection of trademarks.  A new Law "On 
Trademarks and Geographical Indications" wa s expected to be enacted by 2010.   
206. The Intellectual Property Rights Law defined a trademark as a mark or symbol to distinguish a 
product of an industrial, agricultural, or commercial project, an extracting industry, or to indicate the 
services of an establishment.  The Law enabled the protection of all trademarks or service marks except those contrary to public order or morality.  The Ministry of Industry and Trade had identified 
marks ineligible for protection as those involved in or promoting prohibited products or services, 
including alcoholic drinks, wine, sp irits and narcotics; por k products, raising pigs, and the sale of pork 
meat to the public; night clubs a nd casinos; and pornographic material, names, or statements violating 
the culture or public order.   
207. Usage of a registered trademark required the owner's prior approval.  Trademarks had to be 
registered to be accorded protecti on.  The Law did not allow the regi stration of trademarks identical, 
similar, imitating, completely or partially transla ting, or associated with a "well-known mark" or a 
previously registered trademark.  The new La w was being drafted to conform to Article 6 bis of the Paris 
Convention and Article 16.2 of the TRIPS Agreem ent.  Article 7 of the new Law would allow 
unregistered "well-known marks" to  be protected in Yemen.   
208. Registration of a trademark di d not require prior use, but the mark had to be clearly 
distinguishable from other marks.  Articles 92-95 of  the Intellectual Property Rights Law set out the WT/ACC/SPEC/YEM/5/Rev.1 
Page 74 
 
 
  procedures and steps for registration of trademarks, including the submission of an application, 
examination, publication, contestations and the issue of a registration certificate.   
209. Trademark protection was valid for ten years from the date of registrati on, and renewable.  
Renewals were effected in the final year of protec tion.  If no request had been received, the Ministry 
of Industry and Trade would give a written notice to the owner two months prior to the expiry of the trademark registration, and automatically delete the registration of the mark if the registration had not 
been renewed within three months of its expiry.  The courts also had the right to delete the registration 
of a trademark if not used for five consecutive years without an acceptable reason.   
210. Individuals engaged in commercial services or industrial activity could apply to register a 
trademark and subsequently be as signed ownership to the registered  trademark.  Trademark licence 
agreements required regist ration with the Yemeni au thorities, and a licensee could initiate trademark 
infringement cases in Yemen. 
211. The representative of Yemen said that Arti cle 37 of the new Law "On Trademarks and 
Geographical Indications " would cover the relationship betw een trademarks and geographical 
indications and would meet the requirements of Ar ticle 24.5 of the TRIPS Agreement.  Trademarks 
bearing a geographical indication woul d be registered if the mark was acquired, in good faith, prior to 
the enforcement date of the Law or prior to the da te the geographical indicati on was afforded protection 
in its country of origin.  A Member requested Yemen to meet the requirements of Article 16.1 of the 
TRIPS Agreement and provide the grounds for the owne r of an earlier protected trademark to prevent 
the protection of a confusingly similar or later-in-ti me geographical indication.  The right of trademark 
owners to assert the exclusivity of a mark should be enforceable prior to the date the geographical 
indication was applied for in Yemen rather than the date the indication was afforded protection in its 
country of origin or the date of enactment of the new Law.  This Member noted that a WTO panel report 
(WT/DS174) had found that Article 16.1 of th e TRIPS Agreement would govern the ongoing 
relationship between prior trademarks  and later applied for geographica l indications.  In response, the 
representative of Yemen said that  his Government would examine th e suggestion to allow trademark 
owners the possibility to challenge later-in -time geographical indica tions in Yemen.   
- Geographical indications, including appellations of origin 
212. The representative of Yemen said that Yemen had no specific law covering geographical 
indications, including appellations of origin, at prese nt.  However, his Government planned to adopt a 
new Law "On Trademarks and Geographical Indications" to include provisions for the protection of geographical indications by 2010.    WT/ACC/SPEC/YEM/5/Rev.1 
 Page 75 
 
 
  213. Some Members sought further information on Yeme n's conformity with Articles 22 and 23 of 
the TRIPS Agreement, specifically with regard to preventing false or misleading use of geographical 
indications.  Yemen was also asked to clarify how these provisions of the TRIPS Agreement would 
apply to certain prohibited products such as wines,  spirits and pork to avoid their illegal use as 
geographical indications for other purposes or for other products.   
214. The representative of Yemen replied that the tr ademark system currently provided interested 
parties with the legal means to prevent misleading u se of geographical indications .  He said that wines 
and spirits were not registered and protected as trademarks in Yemen.  There was no domestic 
production, importation or consumption of prohibite d items in Yemen and no justification, in his 
opinion, to offer protection for geographical indica tions connected to these products.  He added that 
geographical indications registered in Yemen for other goods would be afforded protection under the 
new draft Law "On Trademarks a nd Geographical Indications".   
215. He said that Article 33 of the draft Law characterized geographical indications as indications 
which "identify a good as originating, in a territory  or region in Yemen or in a country which is a 
member to an international agreement to whic h Yemen is a party, or which treats Yemen on 
reciprocal basis, when the quality, reputation or ot her characteristic of these goods which influence its 
promotion is essentially attributable to its geogr aphical origin".  Protection of a geographical 
indication in Yemen would be contingent upon its protection in the country of origin.  
- Industrial designs 
216. The representative of Yemen said that the Intellectual Property Rights Law No. 19/1994 
accorded protection to industrial de signs.  Articles 106-108 of the Law set out the procedur es to register 
an industrial design.  Registered industrial designs could not be used  without prior permission of the 
licensee.  Registered industrial de signs were protected for an initial five-year term from the date of 
application.  The period of protection could be extended  for two additional five-year terms.  He said that 
the Law would be revised to take account of Articles 26.1 and 26.3 of  the TRIPS Agreement.  The new 
Law "On Industrial Designs" was expected to be enacted by 2010.   
217. Asked whether a design could be registered as a trademark in Yemen, he replied that the 
existing Law distinguished trademarks from industria l designs, each with their distinctive definition 
and registration process.  The Law defined trademarks in Article 85 and industrial designs in 
Article 103 as "any original form that is characterized by novelty and serves to give a line of industrial 
production a distinctive ornamental appearance by using a particular composition of lines or colours 
or selecting a particular form, whether by machine, by hand or chemically".   WT/ACC/SPEC/YEM/5/Rev.1 
Page 76 
 
 
  218. Having reviewed a draft of the Law "On Industrial Designs", a Member noted that 
Article 16 (a) of the draft provided for a non-renewabl e 10 year term of protecti on from the date of filing 
the application.  Yemen was reques ted to grant protection of at least 10 years in accordance with 
Article 26.3 of the TRIPS Agreement.  On Article 16  (b) of the draft Law, Yemen was asked to explain 
whether, in line with Article 26. 1 of the TRIPS Agreement, the rights provided therein extended to 
articles bearing or embodying a design which was subs tantially a copy of a protected design.   Yemen 
was also asked to clarify the purpo se and scope of the exceptions to  design owners' rights provided for 
by Article 17 of the draft Law.  The draft appeared to provide for exceptions to the protection of 
industrial designs for scientific research, traini ng or education, and other uses which did not 
unreasonably conflict with normal use or unreasonably infringe the owne r's legitimate interests.  This 
Member considered the pr oposed exceptions to be too broad a nd vague, and it was unclear whether 
coverage was limited to designs used only for non-commercial purposes.  Yemen was requested to 
redraft this provision of the draft La w to clearly define the fair use exceptions for industrial designs.  
The representative of Yemen replied that Article 16 (a ) and (b) of the draft Law would be redrafted in 
accordance with Article 26.1 and 26.3 of the TRI PS Agreement.  He said that exemptions from 
protection would not be accorded to designs that either  directly or indirectly led to use for commercial 
purposes, and that Article 17 of the new Law woul d be in conformity with Article 26.2 of the 
TRIPS Agreement.  In response to specific questio ns on the right of applic ants to claim priority 
registration of a design and the peri od for priority, he said that Yemen was a signatory of the Paris 
Convention for the Protection of Indu strial Property and that Article 8 of the new Law would address the 
issue of priority with regard to industrial designs.   
219. A Member asked Yemen to justify Article 18 of the draft Law providing for compulsory 
licenses of industrial designs.  Yemen was reminded that the TRI PS Agreement permitted compulsory 
licenses of patents but there was no such provision fo r industrial designs.  While taking account of the 
limited exceptions provided for in TRIPS Article 26.2, this Member noted that Articles 3 and 4(c) of the 
draft Law would extend protection to ornamental and aesthetic designs having no functional or technical 
usage.  Yemen was asked to explain how the public  interest would justify the involuntary use of 
protected ornamental and aesthetic designs with no functional or techni cal use.  Article 18 of the draft 
Law could, therefore, significantly  undermine the exclusive rights of the right holder.  In reply, the 
representative of Yemen said that  application of Article 18 of th e draft Law was only envisaged in 
urgent circumstances or to prevent misuse of exclusive rights by the ow ner of the design.  He added that 
Yemen would allow compulsory licens es to be issued in the public in terest based on a reasoned decision 
by the relevant minister, and upon paym ent of equitable compensation.    WT/ACC/SPEC/YEM/5/Rev.1 
 Page 77 
 
 
  - Patents 
220. The representative of Yemen said that Articles 68 to 73 of the Intellectual Property Rights 
Law No. 19/1994 defined the steps and procedures to register inventions and grant patents.  The 
Ministry of Industry and Trade was responsible for the registration of patent s in Yemen.  However, 
due to lack of infrastructure and technical capabilitie s, no patents had been gr anted to date.  Referring 
to secret inventions, he said that Article 73.1 of  the Law identified such inventions as not being 
registered in the patent register, but this provi sion had never been applied.  A Member offered 
assistance to improve the patent registration pro cess and suggested that Yemen might benefit from 
partnering with other intellectual propert y offices such as those in the GCC.   
221. With regard to patentable subject matter, he  said that the Intellectual Property Rights Law 
only considered an invention as novel and patentable if it had not been used before.  The novelty and 
effective utility of an invention was determined in  the examination process.  Novelty was related to 
the essence of the invention and not to secondary elements of the subject matter.  The Intellectual Property Rights Law did not provide patent protec tion for biological methods to produce new types of 
plants and livestock, and prohibited patents for i nventions violating Shari'a and contravening public 
order or morality.  In his view, the exclusions from patentability provided for in Article 65.1 of the Law 
were compatible with Article 27.2 of the TRIPS Agreement. 
222. Some Members requested further information on th e conformity of Yemen's patent legislation 
with Articles 27, 28.1(a) and (b), 31, 33 and 34 of the TRIPS Agreement.  In reply, the representative 
of Yemen said that Articles 27, 28.1(a) and (b), 31, 33 and 34 of the TRIPS Agreement would be 
taken into account in revising the Intellectual Prope rty Rights Law and by drafting new legislation.  
Legislation on compulsory licensing would comply with Article 31 of the TRIPS Agreement as well 
as the WTO Decision on TRIPS and Public Health  (WT/L/641).  A new Law "On Patents, Utility 
Models, Integrated Circuits and Undisclosed Information" was expected to be approved by 2010. 
223. Having reviewed a draft of the Law "On Patent s, Utility Models, Integrated Circuits and 
Undisclosed Information", a Member noted that the non- patentable subject matter - listed in Article 6 of 
the draft - appeared to differ from the exceptio ns provided for in Article 27.2 and 27.3 of the 
TRIPS Agreement.  Article 6(e) of the draft i ndicated that natural living organs, tissues, cells, 
substances, nucleotides, blood, hormones and genes we re not inventions and not patentable.  Yemen 
was reminded that Article 27.1 of the TRIPS Agreem ent conveyed that products and processes in all 
fields of technology were patentable subject matte r provided the inventions met the requirements of 
novelty, inventive step, and industrial applicability.  In reply, the representative of Yemen said that the non-patentable subject matters defined in Article 6 of the dr aft had been reviewed and checked for WT/ACC/SPEC/YEM/5/Rev.1 
Page 78 
 
 
  consistency with the exceptions indicated in the TRIPS Agreement.  He stated that the substances listed 
in Article 6(e) were  not human inventions and did not meet th e requirements of novelty, inventive step, 
and industrial applicability.  In his view, Article 6 of  the draft Law was in conformity with Article 27 
of the TRIPS Agreement.  In response to a sp ecific queries on the procedures and timeframe for 
completing pre-grant opposition proceedings, he noted that Article 13 of the draft Law provided for a 
patent opposition process.  Yemen would redraft Ar ticle 13(a) so that the written communication 
required for filing the opposition would state a r easoned basis for doing so.  There was no defined 
timeframe for the process as it was dependant on the individual circumstances of the case.  He said 
that Article 22 of the draft Law would establis h the grounds for cancellation of a patent, namely: 
(i) the expiry of the term of protection; (ii) failu re to pay the annual fees for continuation of patent 
protection; and (iii) a court ruling to this effect .  Requests for cancellation of a patent could be 
directed to the courts if the patent was registered  in violation of the provisions of the new Law.   
224. Concerning compulsory licensing, a Member considered Articles 36 through 39 of the draft 
Law to go beyond the provisions of Article 31 of th e TRIPS Agreement on the use of patents without 
the authorization of the right holder.  Specifically, the draft appeared to permit compulsory licensing 
for the "development of vital national economic sectors".  Yemen was reminded that TRIPS 
Article 31(b) only authorized compulsory licen sing in a national emergency, circumstances of 
extreme urgency, or in cases of public non-commerci al use after efforts were made to obtain the 
permission of the patent holder on reasonable comme rcial terms and conditions.  Article 36(c) of the 
draft, however,  appeared to indicate that nationa l emergency, circumstances of extreme urgency or 
cases of public non-commercial use were merely thr ee examples of a broader category of "public 
interest" grounds for compulsory licensing.  A clarification was sought on how Article 36(c) of the draft, providing this broad "public interest" basi s for a compulsory licence, was consistent with 
TRIPS Article 31(b).  Yemen was also  asked to explain whether the requi rements of Article 31(c), (e), 
(h), (g) and (j) of the TRIPS Agreement were pr ovided for in the draft Law.  In reply, the 
representative of Yemen said that compulsory li censing for the "development of vital national 
economic sectors" would not prejudice the legitimate rights of the patent holder and would be limited 
to public non-commercial use and cases of extreme ur gency.  Article 36(e) of the draft Law provided 
the broad "public interest" basis for a compulsory lic ence which, in his view, would be consistent with 
the TRIPS Agreement.  Article 36(c) was draf ted to meet the notification requirement in 
TRIPS Article 31(b).  His Government would modify  and redraft certain provisions of the draft Law 
(Article 36(e), (f), (h) and (i) and Article 37) to be consistent with the requirements of  Article 31(c), 
(e), (h), (g) and (j) of the TRIPS Agreement.    WT/ACC/SPEC/YEM/5/Rev.1 
 Page 79 
 
 
  - Plant variety protection 
225. Asked whether Yemen had a sui generis  system for the protection of plant varieties in line 
with Article 27.3 (b) of the TRIPS Agreement,  the representative of Yemen said that Law 
No. 20/1998 "On Agricultural Seed s and Fertilizers" provided the sui generis  system and basis for 
plant variety protection in Yemen.   
- Layout designs of integrated circuits 
226. The representative of Yemen said that no specific legislation protected layout designs of 
integrated circuits at present.  Provisions to protect  the layout designs of integrated circuits would be 
included in a new Law "On Patents, Utility Models, Integrated Circuits and Undisclosed Information" 
expected to be enacted by 2010. 
- Requirements on undisclosed information,  including trade secrets and test data 
227. The representative of Yemen said that current  legislation did not specifically protect 
undisclosed information, including trade secrets and test data.  The issue would be addressed as his 
Government planned to adopt a new Law "On Pate nts, Utility Models, Integrated Circuits and 
Undisclosed Information"  by 2010.  Articles 32 th rough 35 of the new Law would accord protection 
to confidential trade information or trade sec rets.  In addition the protection of undisclosed 
information, including trade secrets and test data of the chemicals used in the preparation of pesticides 
would be included in the implementing Regulation of Law No. 25/1999 "On Handling Pesticides for 
Plant Pests" by end 2010.  
228. Having reviewed a draft of the Law "On Patent s, Utility Models, Integrated Circuits and 
Undisclosed Information", a Member noted that Article 34 of the draft appeared to limit the information 
holders' rights to "preventing third parties from any infringing acts of unfair competition" and asked how 
Yemen would provide for the rights enumerated in Article 39.2 of the TRIPS Agreement, in particular 
the possibility of preventing information lawfully with in the natural or legal persons control from being 
disclosed to, acquired by, or used by others wit hout their consent in a ma nner contrary to honest 
commercial practices.  This Member also noted that  Article 33 of the draft La w appeared to authorize 
the disclosure of undisclosed marketing approval data  five years after it was submitted to the competent 
authority, and requested Yemen to clarify this provision's consis tency with the obligations of 
TRIPS Article 39.3.  In reply, the representative of Yemen said that Article 33 of the draft Law would 
be redrafted to comply with TRIPS Article 39.3 by according protection of undisclosed information 
submitted to the competent authorities for the marketing approval of chemical, pharmaceutical or WT/ACC/SPEC/YEM/5/Rev.1 
Page 80 
 
 
  agricultural products.  Article 34 would also be redrafted to give the legal holder of undisclosed 
information the right to prevent information from be ing disclosed to, acquired by, or used by others 
without their consent in a manner contrary  to honest commercial practices.   
- MEASURES TO CONTROL ABUSE OF INTELLECTUAL PROPERTY RIGHTS 
229. The representative of Yemen said that Article 81 of the Intellectual Property Rights Law and 
Article 4 of the Law No. 19/1999 "On Comp etition Promotion, Mono poly, and Commercial 
Deception Prevention" defined measures to control th e abuse of intellectual property rights.  Article 4 
of the Competition Law was, in his opinion, consiste nt with the provisions of the TRIPS Agreement.  
A new Law "On Monopoly and Anti-Competitive Behaviour " was expected to be in force in 2010.   
230. In response to a query, he said that abusive a nd anti-competitive exercise of patent rights 
would be established pursuant to Article 36 (c) of the draft Law "On Patents, Utility Models, 
Integrated Circuits and Undisclosed Information".  He said that a decision by a patent holder to 
exclude a third party not having the owner's consen t from practicing the invention was not, by itself, 
sufficient grounds to deem the holder to be abusivel y exercising their rights or exploiting them in an 
anti-competitive manner (Article 36(b)).  Evidence would need to be provided by the plaintiff with proof that reasonable and sufficient efforts were ma de to obtain the consent of the patent holder. 
- ENFORCEMENT 
- Civil judicial procedures and remedies 231. The representative of Yemen said that Articl es 114 and 124 of the Intellectual Property Rights 
Law No. 19/1994 provided specific remedies against infringements of copyright and related rights, trademarks and industrial designs.  Civil and j udicial procedures were governed by the Civil 
Procedures and Enforcement Law (Articles 103, 104, 106, 217, 227-229, and 231).  Articles 16-25 set 
out the litigation procedures.  Articles 112 and 120 of the Evidence Law No. 12/1992 were relevant 
for obtaining evidence from the opposing party but did not fully meet the requirements of Article 47 of the TRIPS Agreement.  He added that Yemen was in the process of revising and drafting its intellectual property laws in conformity with the TRI PS Agreement.  In this context, specific remedies 
would be included to address infringements involving  geographic indications, patents, protection of 
plant varieties, integrated circuits, misuse of  confidential information and trade secrets.   
232. Information on the existing civil judicial pr ocedures and remedies is provided in document 
WT/ACC/YEM/7/Rev.1.  Injunctive relief was pr ovided in accordance with Article 115 of the 
Intellectual Property Rights Law, upon request, thr ough (i) the seizure and confiscation of goods,  WT/ACC/SPEC/YEM/5/Rev.1 
 Page 81 
 
 
  documents and any other marks or objects used for imitation or counterfeiting.   Revenue from the sale 
of such confiscated objects could be used for the settl ement of damages or fines; (ii) the destruction of 
such objects, when necessary; (iii) publication of th e infringement in newspapers or other media; and 
(iv) a court order restraining the offender from fu ture infringements.  Article 116 of the Law allowed 
judicial authorities to seize infringing goods, appoint  an expert to assess the profits derived from illicit 
use, and provided right holders the right to re quest compensation for damages.  Furthermore, 
Article 304 of the Civil Law No. 14/2002 obliged infringers to compensate any damages caused, 
without prejudice to any other penalties stipulated in  the laws in force, and Article 258 of the Civil 
Procedures and Enforcement Law No. 40/2002 authorized  judges to order infringers to pay costs.   
233. The representative of Yemen said that Article 49 of the draft Law "On Trademarks and 
Geographical Indications" would give the courts the authority to dispose of infringing goods and the 
tools used to produce these goods.  The draft Law "On the Protection of Copyright and Related 
Rights" would allow the courts to dispose of in fringing articles through sale at a public auction with 
the approval of the right holder (Article 68).  Th is procedure would pay for any damages and legal 
expenses due from the infringer.  If the author did not  authorize the sale, the infringing articles would 
be destroyed.  A Member reminded Yemen that Ar ticle 46 of the TRIPS Agreement provided for the 
destruction of infringing goods and not a sale through a public auction procedure.  In response to the 
concerns expressed, he said that Article 68 of the dr aft copyright Law would be  redrafted to be in 
compliance with Article 46 of the TRIPS Agreement. 
234. He added that the requirements of Article 45.2 of the TRIPS Agreement, providing for 
compensation of expenses, including attorney's expen ses, would be provided for in Article (71) of the 
draft Law "On the Protection of Copyright and Related Rights".  In response to a specific question, he said that Article 55(b) of the draft Law "On Trademarks and Geographical Indications" and 
Article 28(b) of the draft Law "On Industrial Designs" would only exempt public authorities and 
officials from liability for actions pertaining to protection or enforcement of intellectual property 
rights where actions were taken in good faith (Article 48.2 of the TRIPS Agreement).   
- Provisional measures 
235. The representative of Yemen said that the Intellectual Property Rights Law and 
Articles 238-252 of the Civil Procedures and Enfor cement Law included temporary measures broadly 
consistent with Article 50 of the TRIPS Agreemen t.  Full compliance with the provisions of the 
TRIPS Agreement would be ensured in the revision of the Intellectual Property Rights Law.  Further 
information on provisional measures is provi ded in document WT/ACC/YEM/7/Rev.1.   WT/ACC/SPEC/YEM/5/Rev.1 
Page 82 
 
 
  236. The Intellectual Property Rights Law stipulated that "the owner of a trademark registry 
certificate or industrial design may request the court to seize products, goods, labels and other 
items that have a fake trademark or imitated indus trial design or model, as a provisional measure until 
a dispute is settled by the judiciary."  A right hol der could apply for provisional measures, through the 
court system, by means of an inaudita altera parte  (ex parte)  procedure.  Pursuant to the Civil 
Procedures and Enforcement Law, the holder of a te mporary lien had to present the case and prove the 
veracity of the claim within eight days - otherw ise the lien would be considered null and void.   
237. The Department of Intellectual Property in the Ministry of Culture was responsible for field 
inspections to seize infringing or counterfeit c opies of literary and artistic works.  The Law 
No. 25/1990 "On Press and Pub lications" contained supplemen tary penalties and temporary 
procedures pertaining to forged works. 
238. The representative of Yemen said that Article 66 of the draft Law "On the Protection of 
Copyright and Related Rights", Article 46 of th e draft Law "On Trademarks and Geographical 
Indications", and Article 24(a) of the draft Law "On Industrial Designs" woul d meet the requirements 
of Article 50 (paragraphs 1 and 2) of the TRI PS Agreement providing Yemeni courts with the 
authority to order prompt and effective provisional measures to prevent infringement, preserve related 
evidence, and adopt provisional measures inaudita altera parte . 
- Administrative procedures and remedies 
239. The representative of Yemen said that the In tellectual Property Rights Law, the Civil 
Procedures and Enforcement Law, and the Law "On Press and Publications" provided for 
administrative procedures and remedies in co mpliance with Articles 42 through 49 of the 
TRIPS Agreement.   
240. The Department of Intellectual Property in the Ministry of Culture was responsible for field 
inspections to seize counterfeit or fake copies of lit erary and artistic works, and to issue reports, in 
cooperation with other relevant agencies in Ye men.  Although regulations and procedures in 
connection with field inspections had not been publis hed, such inspections were initiated on the basis 
of a complaint filed by the right holder with the Department of Intellectual Property, together with 
supporting information, data, and materi al evidence of the infringement.   
241. He added that the law enforcement agencies coordinated closely with the executive and 
judiciary to ensure the effective enforcemen t of the Intellectual Property Rights Law.  
His Government had sought to engage all law en forcement agencies, including the police, general  WT/ACC/SPEC/YEM/5/Rev.1 
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  prosecutors, customs authorities, and the relevant Ministries, to coordinate in the protection and 
enforcement of intellectual property rights.  Ho wever, technical assistance, funding and capacity 
building was needed to improve enforcement.   
- Special border measures 
242. The representative of Yemen said that his Gove rnment was drafting new intellectual property 
laws to replace existing provisions dealing with border measures (Article 115 of the Intellectual 
Property Rights Law, Articles 104.6, 243, 252 and 33 9 of the Civil Procedures and Enforcement Law, 
and Articles 30 and 223 of the Customs Law No. 14/1990).  Article 45 of the draft Law "On 
Trademarks and Geographical Indica tions" would provide the procedures enabling the right holder to 
suspend the release of counterfeit trademark goods.  He added that provis ions related to border 
measures would be added to the draft Law "On th e Protection of Copyright and Related Rights" 
(Chapter 10, Section 2) to meet the requirements  of Articles 51 through 60 of the TRIPS Agreement. 
- Criminal procedures 
243. The representative of Yemen said that intentiona l acts of infringement c overed by Article 124 
of the Intellectual Property Rights Law No. 19/1994 were punishable by imprisonment for a period not exceeding six months, or a fine of not less th an YRls 10,000.  These two penalties were mutually 
exclusive and without prejudice to any stricter sanctions provided for in any other law, or the right to 
claim damages.  In his view, the penalties were in accordance with Article 61 of the 
TRIPS Agreement, as either of the two punish ments constituted a sufficient deterrent, and the 
penalties were consistent with th e level of penalties applied for cr imes of corresponding gravity.  
Beyond fines and imprisonment, the Intellectua l Property Rights Law provided for supplementary 
penalties, such as the seizure, confiscation, and disposal of goods using counterfeited designs or 
marks, imitations or forgeries.  Infringers were al so prohibited from any further usage of the infringed 
intellectual property.  
244. Without prejudice to stricter sanctions provided for in any other law, Article 104 of the Press 
and Publications Law punished violations covered by its provisions with a fine not exceeding 
YRls 10,000, or by imprisonment for a period not exceeding one year.  The fine and imprisonment 
were mutually exclusive.  In his opinion, eith er of the two punishments were in accordance with 
Article 61 of the TRIPS Agreement.  The Press and Publications Law also contained supplementary 
punishment and temporary procedures pertaining to forged works, such as the closure of printing 
shops, publishing houses, or outlets dealing with  artistic works, cinematography works and 
publications; and the provision of fair compensati on for damages.  As a complementary punishment, WT/ACC/SPEC/YEM/5/Rev.1 
Page 84 
 
 
  the court could prevent the violator from practising his/her business for a period not exceeding one 
year.   
245. Pursuant to Articles 210 and 211 of the Crimes and Penalties Law No. 12/1994, persons 
involved in counterfeiting or forging a trademark c ould face imprisonment up to three years.  This 
punishment applied also to those using the forged trademark.  Persons involved in forgery or counterfeiting on a commercial scale could face imprisonment up to five years.  Article 103 of the Law gave courts the authority to impound th e tools associated with the infringement.  
246. A Member noted that the existing legislation and the draft laws in preparation did not appear 
to provide for criminal procedures and penalties suff icient to act as a deterrent for wilful trademark 
counterfeiting or copyright piracy on a commercia l scale.  Yemen would also need to allow for 
seizure, forfeiture, and the destruction of infringing goods and of any materials or implements used to 
produce these goods on a commercial scale.  Yemen w as requested to identify provisions in Yemeni 
Law that would meet these requirements in accordance  with Article 61 of the TRIPS Agreement.   
247. In reply, the representative of Yemen said that Article 63 of the draft Law "On the Protection 
of Copyright and Related Rights" and Article 50 of  the draft Law "On Trad emarks and Geographical 
Indications" would, as appropriate, allow for the se izure, forfeiture, and destruction of infringing 
goods and of any materials or implements used, th ereof.  Articles 48 to 51 of the draft Law "On 
Trademarks and Geographical Indications" and Artic les 69 to 72 of the draft Law "On the Protection 
of Copyright and Related Rights" would also provide  for deterrent level penalties for wilful trademark 
counterfeiting or copyright piracy.   
VI. POLICIES AFFECTING TRADE IN SERVICES 
248. The representative of Yemen said that the services sector employed over 32 per cent of the 
work force and was estimated to account for approximately 36 per cent of GDP in 2008.  The main sub-sectors were transportation, communications, storage, wholesale and retail trade, real estate, construction, insurance and financial services.  Trad e in services was mainly operated by the private 
sector.  However, his Government was the exclus ive supplier of televisi on, radio and fixed-line 
telephone services.   
249. Several Government departments and bodies were involved in the regulation of services.  
The Ministry of Industry and Trade was responsible for insurance and certain professional services; the 
Central Bank of Yemen supervised banking services; the Ministry of  Communications was responsible 
for telecommunications and postal services; the Mini stry of Social Affairs and Labour regulated the  WT/ACC/SPEC/YEM/5/Rev.1 
 Page 85 
 
 
  movement of natural persons; the Ministry of Education was responsible for educational services; the 
Ministry of Public Health and P opulation for health services; the Mi nistry of Transport and Maritime 
Affairs for land, air and sea transportation; the Mi nistry of Public Works and Urban Development was 
responsible for engineering and construction serv ices; the Ministry of Tourism and Environment 
regulated tourism and environmental services; and the Ministry of Oil and Minerals was responsible for 
services related to petroleum product s.  Other bodies and professional as sociations playing a role in the 
regulation of services included the General Author ity for Maritime Affairs, the General Authority for 
Civil Aviation and Meteorology, the Environment Protection Authority, the Syndicate of Medical 
Doctors and Pharmacists, the Syndicate of Dentists, the Syndica te of Lawyers, the Association of 
Tourism and Travel Agencies, the Hotels Union and Hotels Association, the Association of Chartered 
Accountants, the General Federation for Chambers of Commerce and Industry and the Insurance Union.  
250. The representative of Yemen said that the Ministry of Social Affairs and Labour issued work 
permits to foreigners upon request from their empl oyers. Entry visas were subsequently granted in 
accordance with the issued work permit. A work permit was valid for one year and could be renewed annually for up to five years against a fee of YRls 12,000, stipulated in the Cabinet Decision and Labour 
Law No. 5/1995.  In his opinion, the fee was nomina l and did not cover fully the administrative costs 
incurred.  In addition to the work permit fee, YR ls 5,000 was collected for a vocational training fund 
established to train workers in the private sector.  
251. The procedures and criteria for foreigners to ob tain licenses and provide  professional services 
were governed by various laws, including the Lawyers' Profession Law No. 31/1999, the Medical 
Professions and Assisting Medica l Professions Law No. 26/2002, and the Auditing Accounts Law 
No. 26/1999.  These laws established standards and regulated the particip ation or involvement of foreign 
professionals in the respective professions.  The cr iteria for obtaining professi onal licenses were the 
same for Yemeni and foreign profes sionals.  The criteria were publis hed in the Official Gazette.  
The requirements (documentation, fees, and processing time) to obtain a licence varied with the type 
of professional service.   
252. Regarding legal services, Article 59 of the Lawyers' Profession Law No. 31/1999 stipulated 
that services related to the submission of claims or  pleas before a court of law were limited to lawyers 
who were Yemeni nationals.  [Foreign lawyers were  not permitted to practi ce law except through a 
licensed Yemeni lawyers' office; by permission from the Minister of Justice; and provided they did not 
plead in more than two cases per year.  Furthermore, Yemen required reciprocal treatment from the home country of the foreign lawyer.  Legal consul tancy services not involvi ng pleading in Yemeni WT/ACC/SPEC/YEM/5/Rev.1 
Page 86 
 
 
  courts could be provided by forei gn lawyers and legal service provider s if they operated with Yemeni 
participation as a joint venture or through a licensed Yemeni office.] 
253. Yemeni accounting and auditing firms were granted licenses to practice pursuant to the 
Auditing Accounts Law No. 26/1999, if certain conditions  were met.  The company had to be a general 
partnership with its head office in Yemen, all partne rs had to be chartered accountants with licenses to 
practice, and the chartere d accountant could not practice privately or be a partner of more than one 
accounting firm.  [Foreigners (natur al or legal persons) had to fulfill certain additional requirements to 
obtain a licence to provide accounting and auditing  services in Yemen.  Among the requirements, 
foreigners were obliged to take one or more Yeme ni chartered accountant as partner(s); all partners 
had to be registered, and the partnership contract had to be submitted to the competent authorities in 
Arabic; the foreign partner(s) had to be licensed to practice as an auditor or accountant in his/her 
home country; at least one of the managers had to be  a Yemeni partner and at least two thirds of the 
technical staff working in the firm had to be Yeme ni nationals.]  The Ministry of Industry and Trade 
issued licenses on the basis of recommendations ma de by the Chartered Accountants Certification 
Committee.  The registration fee amounted to YRls 10,000, and the licence fee was YRls 25,000.  On 
average, applications were processed and examined within three weeks. 
254. Concerning management consulti ng and related services, he said that foreign management 
consulting companies were eligible to set up bran ches in Yemen in accordance with the provisions of 
Law No. 23/1997 "On Regulating Foreign Houses and Companies Representation". 
255. Regarding telecommunications services, a monopoly venture with Cable and Wireless 
Limited had expired at the end of 2003 and his Go vernment was currently the exclusive provider of 
international telecom services (through TeleYemen).  The Ministry of Telecommunications and Information Technology had concluded a five-year management contract with France Telecom.  
The national telecommunication services (PSTN) netw ork was operated exclusively by the Public 
Telecommunications Corporation.  International and national telecommunica tion services via satellite 
were provided by TeleYemen and the Public Te lecommunications Corporation, respectively.  
However, mobile telecommunications services, including international mobile personal telecommunications services via satellite (GMPCS), were open to foreign pa rticipation.  Satellite 
dishes were permitted for receiving signals for radio, television and the Internet.  Internet service 
providers were granted licenses pursuant to Cabi net Decision No. 4/2001 to establish and provide 
internet services on a competitive basis.  The inte rnet service providers were required to rent 
transmission links from the Public Telecommunications  Corporation.  He added that Yemen had no  WT/ACC/SPEC/YEM/5/Rev.1 
 Page 87 
 
 
  legislation regulating electronic commerce, and currently imposed no specific legal restrictions on the 
purchase of goods via the Internet. 
256. Yemen did not intend to revise its policies rega rding the acquisition of land rights by foreign 
investors.  [Unless specified otherwise, foreign equity was limited to 45 per cent in joint stock 
companies and partnerships to encourage Yemeni inv estors and promote domestic investment.]  Retail 
services were reserved for Yemeni nationals or Yemeni legal entities, including joint ventures. 
257. Banking services were governed by Law No. 14/2000 "On the Central Bank", Law 
No. 38/1998 "On Banks", Law No. 21/1996 "On Islamic Banks", and Regulation No. 2/1997 
"On Provisions and Procedures for Granting Licenses for Banking Activities".  [Foreign equity was limited to 45 per cent in commercial banks, and 20 per cent in Islamic banks.]  The purpose was to 
encourage the participation and ownership of Yemeni nationals in banking activities.   
258. Foreign-owned banks were treated on par with locally-owned banks.  No limitations applied 
in the scope of business operations of foreign ba nks in either commercial or Islamic banking.  
A foreign bank could obtain a licence from the CBY to provide banking services by applying to the 
Governor of the CBY.  The application to open a br anch or office of the foreign bank was reviewed, 
and based on technical recommendations, a temp orary licence was issued.  A final licence was 
approved and issued by the Board of Directors of the CBY provided the minimum designated capital 
for foreign and locally-owned banks of YRls 6 b illion had been transferred and a medium-term work 
plan for the foreign bank's branch or office had been submitted.  The work plan, including budget estimates, should cover the first three years of ope ration from the proposed date of commencement.  
The CBY also evaluated the suitability of the prop osed office or branch premises of the new bank 
considering its location, the availability of a full y protected room for the safekeeping of money and 
documents, as well as the bank's outfitting. 
259. [Foreign equity participation in Yemeni insura nce and re-insurance companies was limited to 
25 per cent in accordance with Law No. 37/1992 "On Supervision and Mon itoring of Insurance 
Companies and Brokers" and Law No. 9/1997.]  No benefits or privileges were extended to the 
State-owned insurance companies.  Subject to approva l of the Minister of Industry and Trade, Yemeni 
nationals were allowed to purchase insurance offs hore when local insurance companies were unable 
to provide the required coverage.  [No more than 50 per cent of the total coverage could be purchased 
overseas.]   
260. As for tourism, the representative of Yemen said  that the tourism sector employed more than 
40,000 people, and accounted for about 2 per cent of Yemen's GDP.  Between 2000 and 2004, annual WT/ACC/SPEC/YEM/5/Rev.1 
Page 88 
 
 
  income and receipts from tourism had amounted to US$105 million.  His Government sought to 
strengthen the forward and backward linkages of tour ism with other sectors of the economy; generate 
employment opportunities; increase foreign exchange in flows; develop new regions  or sites as tourist 
areas; promote ecological and cultural tourism; and im prove the quality of tourism services in Yemen. 
261. Asked about privatization in the maritime transportation sector, he said that the Ship Dock 
Yards Company was the only entity in  the process of privatization.   
[Yemen submitted  an initial offer on specific commitments in services in August 2005 (document 
WT/ACC/SPEC/YEM/2), and revised offers in June 2006, July 2007 and August 2008 
(WT/ACC/SPEC/YEM/2/Rev.3). ]   
VII. TRANSPARENCY 
- Publication of information on trade  
262. Some Members requested further information on Yemen's implementation of the transparency 
requirements prescribed in Article X of the GATT 1994, Article III of the GATS, and other 
transparency-related provisions in the WTO Ag reements, and Yemen's ability to ensure the 
publication of all relevant legislation or regula tions related to the implementation of the WTO 
Agreements from the date of accession.  If Yemen had no law requiring the Government to seek 
public comment on draft laws and regulations, and th e provision of draft laws and regulations to 
interested parties for comment was not common pr actice, Yemen was requested to explain how it 
would implement its obligations under the WTO Agreements.   
263. The representative of Yemen replied that all laws were published in the Official Gazette 
pursuant to the Constitution and Law No. 27/1993.  Laws were circulat ed within two weeks of issue, 
and entered into force thirty days after the date of  publication.  The Official Gazette was distributed 
widely and was available to all governmental bodies and authorities at the local and central level.  
The Official Gazette was also available to the ge neral public through annual subscriptions or direct 
sales at reasonable prices from bookshops, newssta nds, and Government offices.  Although his 
Government was not legally required to give the public an opportunity to review draft laws and 
regulations, the public was regularly involved in th e process of drafting legisl ation through meetings, 
seminars and workshops, and their views were taken into account.  He stated that Yemen would abide 
by the transparency-related provisions in the WT O Agreements, and would ensure the publication of 
all relevant legislation or regula tions related to the implementation of the WTO Agreements from the 
date of accession.    WT/ACC/SPEC/YEM/5/Rev.1 
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  264. The representative of Yemen confirmed th at, upon accession, Yemen would fully and 
promptly implement Article X of the GATT 1994, Article III of the GATS, Article 63 of the 
TRIPS Agreement, and other transparency provisio ns in the WTO Agreements requiring notification 
and or publication.  He further confirmed that no law, regulation, judicial decision, administrative 
rulings, or other measures of general application pe rtaining to or affecting trade in goods, services and 
TRIPS would become effective prior to its publica tion in the Official Gazette.  The publication of 
such laws, regulations and other measures would in clude the effective date of these measures and list 
the products and/or services affected by the particul ar measure.  The Working Party took note of these 
commitments. 
- Notifications  
265. [The representative of Yemen confirmed that,  at the latest within six months of the entry into 
force of the Protocol of Accession, Yemen would s ubmit all initial notifications required by the WTO 
Agreement.  Any regulations subsequently enacted  by Yemen would also conform to the respective 
WTO agreements' notification requirements.  The Working Party took note of these commitments.] 
VIII. TRADE AGREEMENTS 
266. The representative of Yemen said that his Gove rnment had signed a Free Trade Area (FTA) 
Agreement with Iraq in August 2001.  Following the ratification of this FTA in June 2002, all goods 
originating in Iraq and Yemen should enjoy duty-free treatment in bilateral tr ade.  However, this 
agreement had not yet been fully implemented in pr actice.  Yemen was also a party to a preferential 
Economic, Trade, Investment and Technical Coope ration Agreement with Saudi Arabia, signed in 
August 1996, and in force since August 2000.  Under th e terms of this Agreement about 85 per cent of 
Yemen's exports to Saudi Arabia had been exempt ed from customs duties and non-tariff restrictions 
in 2001.  At present about 6.4 per cent of the tariff lines had been fully liberalized under this 
Agreement. Yemen became a Member of the Greater Arab Free Trade Area in 2005.   
267. Goods not covered by the FTA with Iraq and the preferential trade agreement with Saudi 
Arabia included products prohibited for religious, environmental or security reasons in accordance 
with the laws and regulations of Yemen, Iraq and Saudi Arabia.  Produc ts originating in the free zones 
of these countries were also excluded from the pref erential arrangements.  Iraqi exports to Yemen 
required a minimum of 40 per cent Iraqi value added to confer origin status, while the exports of 
Yemen, as an LDC, required only 20 per cent local  value added to qualify for duty-free treatment 
under the FTA.  Under the preferential agreemen t with Saudi Arabia, Yemeni exports required WT/ACC/SPEC/YEM/5/Rev.1 
Page 90 
 
 
  minimum 40 per cent local value added to qualify fo r exemptions from custom duties and non-tariff 
restrictions. 
268. Asked about the notification of Yemen's pref erential arrangements, the representative of 
Yemen stated that the existing preferential trad e agreements had been concluded with other 
developing countries in accordance with the Enabling Clause. 
CONCLUSIONS 
269. The Working Party took note of the explanations and statements of Yemen concerning its 
foreign trade regime, as reflected in this Report.  The Working Party took note of the commitments 
given by Yemen in relation to certain specific matters which are reproduced in paragraphs [.........................................] of this  Report.  The Working Party took note that these commitments had 
been incorporated in paragraph 2 of the Protocol of Accession of Yemen to the WTO. 
270. Having carried out the examination of the forei gn trade regime of Yemen and in the light of 
the explanations, commitments and concessions made  by the representative of Yemen, the Working 
Party reached the conclusion that Yemen be invited to accede to the Marrakesh Agreement 
Establishing the WTO under the provisions of Article  XII.  For this purpose, the Working Party has 
prepared the draft Decision and Protocol of Accessi on reproduced in the Appendix to this Report, and 
takes note of Yemen's Schedule of Concessi ons and Commitments on Goods (document 
WT/ACC/YEM/.../Add.1) and its Schedule of Specific Commitments on Services (document WT/ACC/YEM/.../Add.2) that are annexed to the draft Protocol.  It is proposed that these texts be 
adopted by the General Council when it adopts th e Report.  When the Decision is adopted, the 
Protocol of Accession would be open for acceptance by Yemen which would become a Member thirty 
days after it accepts the said Protocol.  The Working Party agreed, therefore, that it had completed its 
work concerning the negotiations for the access ion of Yemen to the Marrakesh Agreement 
Establishing the WTO.   
[to be completed]  WT/ACC/SPEC/YEM/5/Rev.1 
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  ANNEXES 
Laws, Regulations and Other Information Provided to the Working Party of Yemen  
- Law No. 14/2000 "On the Central Bank of Yemen"; 
- Law No. 38/1998 "On Banks"; 
- Law No. 21/1996"On Islamic Banks"; 
- Republican Decree "On Law No. 19/1995 Pertaining to Money Exchange"; - Law No. 22/2002 "On Investment"; - Draft Investment Law; - Law No. 24/2002 "On Mines and Quarries"; 
- Law No. 45/1999 "On Privatization"; 
- Republican Decree "On Law No. 19/1999 C oncerning Competition Promotion, Monopoly, 
and Commercial Deception Prevention"; 
- Law No. 4/2000 Concerning the Local Authority; - Ministerial Decision No. 314/1996 "On Granting Commercial Registration, Import 
Category"; 
- Republican Decree on Law No. 32/1991 "On Commercial Law"; 
- Commercial Registrar Law No. 33/1991 (Article 11); - Law No. 22/1997 "On Commercial Companies"; - Law No. 1/2008 "On Amending Article No. 28 of Law No. 23/1991 with Respect to Trade 
Law"; 
- Request for an Approval to Import Agricultural Fertilizers; 
- Law No. 14/1990 "On Customs"; - Draft Amendments "On Some Articles of the Customs Law No. 14/1990"; - Draft Decree of the Prime Minister "Concerning Customs Valuation According to Article VII 
of the GATT"; 
- Law No. 19/2001 "On General Sales Tax"  and amendments in Law No. 42/2005; 
- Draft Law "On Safeguards and National Pr oduction Protection from Impacts of Harmful 
International Trade Practices"; 
- Republican Decree Law No. 127/1997 "On the Fo rming of the Supreme Council for Exports -
Development and its Technical Office"; 
- Law No. 44/1999 "On Standardization, Metrology and Quality Control"; 
- Summary of Decision No. 21/2003 "On Regulating By-law of YSMO and its Branches in the 
Governorates"; 
- Decision No. 3/2001 "On Issuance of Conformity Certificate to Metrological Standards 
By-law"; 
- Decision No. 11/2001 "On Approving YSMO Quality Mark for National Products"; 
- Decision No. 13/2001 "On Regulations of Speci al Rules and Procedures to Inspection and -
Check Processes for Local and Imported Goods and Products"; 
- Decision No. 2/2003 "On By-law of Evaluati ng Conformity of Good s and Enterprises to 
Accredited Metrological Standards"; 
- Decision No. 27/2006 "On By-law of Granting Yemeni Quality Mark"; - Chairman's Decree No. 6/2008 "On the By-law for the Preparation of the Yemeni Standards"; 
- Draft Chairman's Decree "On the Regulation to Set Yemeni Standards"; 
- Conformity Certificate; - Guidelines for the International C onformity Certification Programme; 
- Law No. 32/1999 "On Plant Quarantine"; - Law No. 17/2004 "On the Organization and Protection of Livestock"; 
- Law No. 13/2002 "On Control of Food and its Circulation"; 
- Republican Decree By-Law No. 38/1992 "On Control of Food and its Circulation"; - Yemeni Standard No.794/2004 "On Requireme nts for Animal Slaughtering, in Accordance 
with the Provisions of Islamic Shari'a"; WT/ACC/SPEC/YEM/5/Rev.1 
Page 92 
 
 
  - Health Certificate for Export of Bovine Meat; 
- Law No. 4/1993 "On Free Zones"; - Law No. 3/1997 "On Government  Bids, Tenders and Warehouses"; 
- Draft Law "On the Protection of Copyright and Related Rights"; 
- Ministerial Decision No. 353/1995 "On Impl ementation of Trademarks Regulations"; 
- Draft Law "On Trademarks and Geographical Indications"; - Draft Law "On Industrial Designs"; - Draft Law "On Patents, Utility Models, La yout-designs of Integrated Circuits and 
Undisclosed Information"; 
- Article 304 of the Civil Law No. 14/2002; 
- Civil Procedure and Enforcement Law No. 40/2002; - Articles 26, 103, 210 and 211 of th e Crimes and Penalties Law No. 12/1994; 
- Republican Decree Law No. 12/1994 "On Crimes and Penalties"; - Republican Decree on Law No. 5/1995 "On Labour Law";  - Law No. 26/1999 "On Auditing of Accounts";  
- Law No. 31/1999 "On Regulation of Lawyers' Profession"; 
- Law No. 26/2002 "On Medical and Pharmaceutical Profession"; - Republican Decree on Law No. 38/199 1 pertaining to Wired and Wireless 
Telecommunication, as amended; and 
- Republican Decree on Law No. 37/1992 "On Supervision and Control of Insurance 
Companies and Agents", as amended.  WT/ACC/SPEC/YEM/5/Rev.1 
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  Table 3:  State-owned Enterprises  
Enterprise State 
Shareholding 
(per cent) Capital 
(Million 
Rial) Area of 
Specialization Supervising Agency/ 
Ownership Chairman of 
the Board 
Public Telecommunication 
Corporation 100  Provision of 
telecommunication 
services  Ministry of 
Telecommunication  Kamal 
Aljabri 
Public Corporation of Water and Sanitation  100  Water distribution 
and sanitation  Ministry of Water 
and Environment  Ibrahim Al 
Mahdi 
Public Electricity 
Corporation 100  Electricity 
generation and 
distribution  Ministry of 
Electricity  Dr.  Mustafa 
Bahran 
Public Cement 
Manufacturing and 
Marketing 
Corporation 100 400 Manufacturing and 
marketing of 
cement  Ministry of Industry 
and Trade Amin Al 
Shaibani 
Public Textile and Clothing 
Corporation 100 200 Manufacturing of 
textile  Ministry of Industry 
and Trade Mohamed 
Hajeb 
Yemen Insurance and Re-Insurance Company 100  Insurance services  Ministry of Finance  Ahmed Ali 
Haddash 
Yemen 
International 
Telecommunication Company 
(TeleYemen) 95  Provision of 
international 
telecommunication services  Ministry of 
Telecommunication Kamal 
Aljabri 
Marib Poultry 
Company 68 190 Production of eggs 
and importation of 
production inputs 
(e.g. feedstuff, vaccines) Ministry of Industry 
and Trade.   Dr.  Hassan 
Alfwsail 
Yemen Airways  51  Aviation  Ministry of 
Transportation  Abdul Khaliq 
Al Qadi 
The Yemen Bank 
for Construction and Development  51 1,250 Banking services  Ministry of Finance  Abdullah 
Salem Al Jefri 
Yemen Libyan 
Holding Company 50 US$50 
million Investment  Yemen Libyan 
Holding Company Abdullah 
Mohammed 
Esshaq 
Yemeni Kuwaiti Real Estate 
Development 
Company 42 276 Real estate  Yemeni Kuwaiti 
Real Estate 
Development 
Company Khalid Al 
Obaidi 
National Tobacco and Matches 
Company 41.5 600 Manufacturing of 
cigarettes and 
matches  Ministry of Industry 
and Trade Tawfeeq Al 
Ahmer 
Marib Insurance Company 37 100 Insurance  The Yemen Bank for 
Reconstruction and 
Development  Ali Hashim 
Saba Insurance 
Company 9 100 Insurance   Mohamed 
Mustafa 
Arab Insurance Company 4 100 Insurance   Adel 
Albanna 
 WT/ACC/SPEC/YEM/5/Rev.1 
Page 94 
 
 
  Table 4:  Privatization  
Enterprise Status 
I. Projects subject to Privatization 
Industrial Sector 
General Corporation for Salt, Aden Evaluated 
Biscuit and Candy Factory, Ad en Privatized, ownership tran sferred to private sector 
Automatic Bakery, Aden Privatized, owne rship transferred to private sector 
Dairy  Factory, Aden Liquidated 
Canada Dry Factory, Aden Re situated to original owner 
National Tanning Factory, Aden Resituated to original owner 
Tomato Paste Factory, Lahj Liquidation in progress 
Textile and Spinning Factory, Aden Privatization approved though leasing 
National Company for Aluminium Manufacturing, 
Aden Evaluation decision issued for privatization 
National Company for Sponge and Metal Furniture 
Ltd., Aden Privatized and sold to private sector 
Al Thawra Metal Products Privatized, ow nership transferred to private sector 
The Public Bakery  Equipment sold land leased for other purposes 
Public Corporation for Industrial Estate Liquidation in progress 
Yemen Salt and Gypsum Mining and Marketing Co. Privatized, ownership transferred to its employees 
Leather Shoe Factory Land and building resituated to original owner and 
equipment sold 
Leather Products Cooperative  Land and building resituated to original owner and 
equipment sold 
Martyrs' Garments Factory Land and building resituated to original owner and 
equipment sold 
Vegetable Oil Factory Equipment so ld, land leased for 30 years 
Soap Factory Equipment sold 
Women's sewing Cooperative Liquidation 
Emulsion and Paints Company Privatized 
Agricultural and I rrigation Sector 
General Company for Potato Seed Production, 
Dhammar Evaluation study approved, privatization in progress 
General Company for Vegetable Seed Production, 
Saiyoun Privatized, ownership transf erred to private sector 
Agricultural Machinery Rental Station, Saiyoun Pr ivatized, ownership transferred to its employees 
General Corporation for Digging Well Liquidated 
Dates Packing Unit, Saiyoun Liquidation in progress 
General Cooperation for Agricultural Services Evaluation study has approved, privatization 
procedures under progress 
Dar Sa'ad Poultry Liquidated 
Transport Sector 
General Corporation for Land Transport Ev aluation privatization is in progress 
Aden Dockyards  Study in progress 
Airport Ground Handling Services  
Fishery Sector 
Central Unit for Maintenance and Services Study in progress  
Shograh Fish Canning Factory, Abyan Announced publicly for privatization, no offers 
received negotiation in progress for the sale of factory  
Port of Nashtonne, Al-Mahra Privatization approved through leasing   WT/ACC/SPEC/YEM/5/Rev.1 
 Page 95 
 
 
  Enterprise Status 
Trade Sector 
Consumption Society for State, Public, and Mixed 
Sector Employees Liquidation 
General Corporation for Foreign Trade and Grain Liquidation in progress 
Public Corporation for Building Material Trade/Aden Liquidation in progress 
Public Corporation fo r Textile and Electric 
Supplies/Aden Liquidation  
Yemen Company for Free Trade (Al-Na sr)/Aden Liquidation in progress 
Hodeidah Grain Silos Company, Hodeidah  Has be en privatized and sold to private sector  
Public Corporation for Building Material Trade in 
Lahej, Abyan, Shabowah, and Hadramout Liquidation in progress  
Banking Sector 
Cooperative & Agricultural Credit Bank Restructuring  
Industrial Bank Liquidated 
National Bank of Yemen Evaluation Study concluded 
Housing Credit Bank Study in progress 
Oil Sector 
Aden Refinery Company  
Tourism Sector 
Gold Mohuer (Sheratonne) Hotel, Aden Sold to private sector 
Diplomatic Club, Aden Sold to private sector 
Yemeni Club, Aden Sold to private sector 
Sailors' Club, Aden Sold to private sector 
Nashwan Club Sold to private sector 
Labors' Isle Resort, Aden Sold the site to private sector 
II. Projects that have been Privatized or Liquidated 
Aden Hotel (Aden) Privatized 
26 September Hotel (Aden ) Privatized 
Al-Hilal Hotel (Aden ) Privatized 
Ardh Al-Ganateen Hotel Privatized   
Thala Hotel Privatized  
Public Poultry Corporation (Aden)  Liquidated  
Rosaba Farm Privatized  
Fruits and Vegetables Corporation Liquidated  
National Shipping Company Privatized  
Yemen Navigation Lines Company Identified for liquidation  
Yemen Investment and Finance Company Liquidated  
  
  WT/ACC/SPEC/YEM/5/Rev.1 
Page 96 Table 6:  Other Duties and Charges on Imports  
No. HS 
Code Description Duty/Charge Purpose Legal Reference 
1. 24.02 Cigarettes YRls 1 per pack - A financial resource to contribute to "Illiteracy 
Eradication and Adult L earning Agency" that 
aims at, inter alia , eradicating illiteracy and 
providing opportunities for adult education. - Law No. (28) of 1998 on Illiteracy 
Eradication and Adult Learning. 
2.  - Packages entering by 
land, sea, or air ports 
 
 
 
 
 - Packages entering by 
land- or sea-ports 
  
 
- Packages entering by 
air ports YRls 1 per package 
  
 
 
 
 YRls 10 per package 
 
 
 
 YRls 20 per package - A financial resource to contribute to the 
"Heritage and Cultural Development Fund" which aims at, inter alia , contributing to the 
cultural development, documenting and 
maintaining heritage through different 
programmes, projects and activities. 
 - A financial resource collected by the 
governorates aiming at funding economic and 
social plans and projects. 
 
 
- A financial resource collected by the 
governorates aiming at funding economic and 
social plans and projects. - Law No. (11) of 2002 on the 
Establishment of Heritage and Cultural Development Fund. 
 
 
 
 - Cabinet Decision No. (283) of 2001 on 
specification of local fees in 
implementation of Article (123) of Local Authority Law No. (4) of 2000. 
 
- Cabinet Decision No.  (283) of 2001 on 
specification of local fees in 
implementation of Article (123) of Local 
Authority Law No. (4) of 2000. 
3.  - Customs declaration 
form YRls 100 for each 
form - A financial resource contributing to the 
"Handicapped and Rehabilitation Fund" which 
aims at, inter alia , funding programmes, 
projects and activities in favour of the handicapped. - Law No. (2) of 2002 regarding 
Handicapped Care and Rehabilitation 
Fund. 
  
   WT/ACC/SPEC/YEM/5/Rev.1
 Page 97Table 7:  Fees and Charges for Services Rendered on Imports   
 
S/N HS Code Description Fee Purpose Legal Reference 
1.  
 
  
 
Products covered in Chapter 02.00 
 
 
 
01.02 01.04 
Products covered in 
chapter 04.07-08 
 
01.06.39 03.01.10 
23.09.10 A. Feedstuff inputs for animal health:
 
 - Ingredients for feedstuff 
(cereals, soya, etc.) 
 - Concentrations and additives of 
feedstuff 
 - Drugs, vaccines, antiseptics, etc.  
B. Meat of animal and poultry
  
 - Chilled meat 
 - Frozen meat 
 C. Live animals, edible eggs and eggs 
for hatching:  
 - Bovine animals and camels  - Sheep and goats 
 - Chicken one day old for 
breeding 
 - Chicken one day old for 
hatching 
 - Eggs for hatching  - Eggs 
 - Ornamental fish and birds put 
up for trading 
 - Dog or cat food  
- YRls 30 per tonne 
 - YRls 50 per tonne 
 
- 1% of the value of the 
invoice 
 
- YRls 400 per tonne 
- YRls 500 per tonne 
  
 
- YRls 120 for each animal - YRls 70 for each animal 
- YRls 3 for each chicken 
 - YRls 5 for each chicken 
 
- YRls 1 per egg - YRls 2 per egg 
- 2% of the value of the 
invoice 
- 1% of the value of the 
invoice Fees for quarantine services 
including the collection and 
transfer of samples to an accredited laboratory
 Law No. 17/2004 on 
Protection and Regulation of 
Animal Resources. 
2. Products covered in 
Chapter 06.00 Plant consignment - YRls 2,000 
 - YRls 2,000   
 
- YRls 3,000     - YRls 3,000     - Import permit fee 
 
- Fees for a form of the 
procedures related to the plant quarantine of each consignment 
- Lab examination costs for 
each type or variety of consignment of seeds, tubers, bulbs, rhizomes seedlings, corms 
- Lab examination costs for 
each type or variety of consignment of manufactured organic fertilizers or artificial soil. 
- Law No. 32/1999 on 
Plant Quarantine. 
- Ministerial Decree 
No. 29/2002 on determining the fees to be charged on plant consignments which are subject to the provisions of the Law on Plant Quarantine and the conditions for exemption from such fees.
  
  WT/ACC/SPEC/YEM/5/Rev.1 
Page 98 S/N HS Code Description Fee Purpose Legal Reference 
- YRls 50 
 - YRls 100
 - For each 20 seedlings or 
suckers 
- For each bunch of cuttings 
(not more than 50 cuttings)  
3. 36.01-04 Explosives and Fireworks - 2% of the value of 
importation Fees for import permit. Law No. 40/1992 on 
Regulation of Possession of Weapons and Ammunitions 
and Trading thereof. 
4. 38.08 Pesticides  - Two per thousand 
(2/1000) of the importation value Fees for import permit. Law No. 25/1999 on 
Regulation of Pesticides Circulation. 
5. Chapter 31 Fertilizers - YRls 3,000 for each 
permit 
 - Determined according to 
the cost of each item - Fees for import permit 
 
- Fees for lab. exam Decision of the Minister of 
Agriculture No. 43/2005 on 
Fees for Services of Registration and Examination 
of Seeds and Agricultural 
Fertilizers. 
6. Included in chapter 12 Seeds - YRls 3,000 for each 
permit 
- YRls 3,000 - Fees for import permit 
 
- Fees for lab. exams Decision of the Minister of 
Agriculture No. 43/2005 on 
Fees for Services of 
Registration and Examination 
of Seeds and Agricultural 
Fertilizers. 
7. - Included in 
chapter 49 
 
 - Included in 
chapter 37 
  
 
  
 
- Included in 
chapter 85 Artistic and literary works - YRls 5,000 
 
 
 - YRls 10,000 
 
  
- YRls 10,000 
  
 
- YRls 5,000 - Fees for import permit for 
publications, stationery, 
newspapers and magazines 
 - Fees for import permit of 
cinema films and their 
distribution 
 
- Fees for import permit for 
video films and cassettes and their distribution 
 
- Fees for import permit for 
audio tapes and CDs and 
their distribution - The Press and Publications 
Law No. 25/1990 and its regulation. 
 
- Decision of the Minister 
of Culture and Tourism 
No. 76/1994 on the Issue 
of Permit Fees for Printing and Publishing 
Houses, Cinema, and 
Stores of Publications Display. 
8.  Animal wealth - YRls 1,000 for each 
permit - Fees for import permit Law No. 17/2004 on 
Regulation and Protection of 
Animal Resources.  
   WT/ACC/SPEC/YEM/5/Rev.1
 Page 99S/N HS Code Description Fee Purpose Legal Reference 
9.  Drugs and medical appliances - 1% for each importation 
application - Fees for import permit Republican Decree 
No. 44/1971 on the 
Establishment of the Supreme Board of Drugs and Medical 
Appliances. 
10.  Goods in warehouses - 3% of the value of 
warehoused goods - Fees for warehouse 
supervision - Customs Law 
No. 14/1990. 
- Decision of Vice- Prime 
Minister, Minister of 
Finance, No. 399/2002 on Standardization of 
Supervision fees 
Specified for Private and Real Warehouses. 
11.  Goods subject to accredited standard s One per thousand of the value 
of consignment (minimum 
YRls 10,000- maximum YRls 200,000) Fees to issue assessment 
certificates - Decision of the Minister 
of Industry and Trade 
No. 2/2003 on the Regulations of 
Conformity Assessment 
of Goods and Enterprises 
to Accredited Standards. 
12.  - Customs declarations (all forms) 
 - Overtime form 
- Customs declaration for vehicles - YRls 60 for each customs 
declaration 
- YRls 60 for each form 
- YRls 500 for each 
customs declaration Publication fees - Customs Law 
No. 14/1990. 
- Decision of the Minister 
of Finance No. 182/1994 
on Amendment to Decision No. 302/1990 
concerning the 
determination of the value of certain prints 
related to customs paper 
process and procedures of their collection.  
  WT/ACC/SPEC/YEM/5/Rev.1 
Page 100 S/N HS Code Description Fee Purpose Legal Reference 
13.  A. Parcels placed in warehouses and 
stores: 
 - Parcel weighing 50kg or less  
 - Parcel weighing more than 50kg 
 B. Parcels placed in yards of customs 
and free zones as follows: 
 - Parcel weighing 50kg or less  
 - Parcel weighing more than 50kg 
  
C. Fees of storing, porting, insuring 
the parcels placed on customs yards and free zone yards per tonne or 
less than a tonne 
** The goods pointed out previously 
are exempted from fees of storing, 
porting and insuring for the first 
week of their arrival. 
** These fees are doubled starting 
from the third week onward provided that the fees do not exceed 
half the value of the goods when 
they are released from customs. 
 
D. Fees of wrapping, packing and 
sealing of parcels as follows: 
 - Lead-sealing a parcel; 
 - Lead-sealing pallets; and 
 - Lead-sealing a car  
 
- YRls 15 per parcel a week 
or less than a week 
- YRls 20 per parcel a week 
or less than a week 
 
 
- YRls 5 per parcel a week 
or less than a week 
- YRls 10 per tonne or part 
of tonne a week or less than a week 
- YRls 100 per parcel a 
week or less than a week 
 
 
  
 
 
 
  
 
  
 
 - YRls 10 per parcel 
- YRls 50 per pallet 
- YRls 200 per car Service fees - Customs Law 
No. 14/1990. 
- Decision of the Minister 
of Finance No. 347/1990 
on determination of 
services fees on goods placed in yards, 
warehouses, stores, and 
free zones managed by the Customs Authority.  
   WT/ACC/SPEC/YEM/5/Rev.1
 Page 101S/N HS Code Description Fee Purpose Legal Reference 
14.  Seaports (upon a request from the party 
concerned) 
- Loading or unloading goods 
onto/off ships outside working 
hours except for wheat 
- Clearing goods after 2:00 pm until 
6:00 pm 
- Clearing goods after 6:00 pm until 
10:00 pm 
- Clearing goods after 10:00 pm until 
8:00 am 
- Goods sent out of the dock not 
within the working hours 
 
Airports (clearing goods not within working hours upon the request of the 
party concerned): 
- 1-300 cartons - 300-400 cartons 
- 400 cartons or more 
- Per special flight (charter) 
- Per cleared common flight 
(passengers + goods) 
 
Land ports and transportation points 
(clearing goods not within working hours, upon the request of the party 
concerned): 
- Vehicles (trailers) - Heavy trucks 
- Big trucks 
- Pick-up trucks - Trucks loaded with goods of 
Government tenders  
 
- YRls 100 per tonne  
 
- YRls 200 per hour/for 
each employee 
- YRls 250 per hour/for 
each employee 
- YRls 300 per hour/for 
each employee 
- YRls 100 per truck  
 
  
 
- YRls 1,500 - YRls 2,000 
- YRls 2,500 
- YRls 5,000 
- YRls 2,500 
  
 
  
 
- YRls 2,500 - YRls 2,000 
- YRls 1,500 
- YRls 300 - YRls 100 Fees for overtime work - Customs Law 
No. 14/1990. 
- Decision of the Minister 
of Finance No. 342/ 1991 
regarding the 
determination of overtime value taken 
from the owners of 
goods. 
15.  Vehicles temporarily entering the 
country belonging to non-residents 200 Saudi Arabian Riyals 
(SRLS) or equivalent in foreign currency and SRLS 100 for any 
further renewal Service fees - Customs Law 
No. 14/1990. 
- Decision of the Minister 
of Finance No. 19/2000 
pertaining to Amendment 
to Decision No. 92/1999 
on Payment of Services Fees on Vehicles.  
  WT/ACC/SPEC/YEM/5/Rev.1 
Page 102 S/N HS Code Description Fee Purpose Legal Reference 
16.  Customs Declaration - YRls 2,000 
 
- YRls 1,000 - Fees for each damaged/lost 
customs declaration 
- Fees for each clarification 
of a customs declaration - Customs Law 
No. 14/1990. 
- Decision of the Minister 
of Finance No. 111/1996 
on Payment of Services 
Fees for Obtaining  customs documents for 
lost or damaged  data 
(clarification of data for a customs declaration). 
  
   WT/ACC/SPEC/YEM/5/Rev.1
 Page 103Table 10:  Fees on Domestic and Imported Products  
No. HS Code Description Fees Purpose Legal Reference 
1. 04 - 04.01  
20.09 
22.01 - Milk 
- Juices 
- Water, soft drinks YRls 1 per box or 
cartons - A financial resource for the "Heritage and 
Cultural Development Fund" which aims 
at, inter alia , contributing to the cultural 
development, documenting and maintaining 
heritage through many different 
programmes, projects and activities. - Law No. (11) of 2002 on the Establishment 
of Heritage and Cultural Development Fund. 
2. 24.02 - Cigarettes YRls 5 per 10 packs 
 
 
 
 
  
YRls 5 per pack 
  
 
  
YRls 5 per pack 
  
 
  
YRls 5 per 10 packs - A financial resource for the "Heritage and 
Cultural Development Fund" which aims 
at, inter alia , contributing to the cultural 
development, documenting and maintaining 
heritage through many different 
programmes, projects and activities. 
 
- A financial resource to the "Youth Fund" 
aiming at, inter alia , supporting sports of 
the youth, programmes and activities and 
contributing to the construction of sports 
facilities.  
 
- A financial resource to the "Handicapped 
and Rehabilitation Fund" which aims at, inter alia , funding programmes, projects 
and activities for rehabilitating and caring 
about the handicapped. 
 
- Fees for cleaning and maintaining cities. - Law No. (11) of 2002 on the Establishment 
of Heritage and Cultural Development Fund. 
 
 
 
  
- Law No. (36) of 1999 on the amendment of 
Article (11) of law (10) of 1996 regarding the Establishment of Youth Fund. 
 
  
- Law No. (2) of 2002 on Handicapped Care 
and Rehabilitation Fund. 
 
 
  
- Cabinet Decision No. (167) of 1999 on the 
specification of cleaning fees and improvements stated in  Article (11) of Law 
No. (20) of 1999 regarding the establishment 
City Improvement and Cleaning Fund.  
  WT/ACC/SPEC/YEM/5/Rev.1 
Page 104 No. HS Code Description Fees Purpose Legal Reference 
3 25.23 - Cement YRls 1 for each 
cement bag 
  
 
  
YRls 5 per cement bag 
of 50kg  
 
  
YRls 10 per cement 
bag (50kg) - A financial resource to the "Heritage and 
Cultural Development Fund" which aims 
at, inter alia , contributing to the cultural 
development, documenting and maintaining 
heritage through different programmes, 
projects and activities. 
 
- A financial resource to the "Youth Fund" 
aiming at, inter alia , supporting sports for 
the young, programmes and activities and 
contributing to the construction of sports 
facilities. 
 
- Fees for Cleaning and Maintaining cities. - Law No. (11) of 2002 on the Establishment 
of Heritage and Cultural Development Fund. 
  
 
  
- Law No. (36) of 1999 on the amendment of 
Article (11) of law (10) of 1996 regarding the Establishment of Youth Fund. 
 
  
- Cabinet Decision No. (167) of 1999 on the 
specification of cleaning fees and improvements stated in  Article (11) of Law 
No. (20) of 1999 regarding the establishment 
City Improvement and Cleaning Fund. 
4  - Parcels or cartons YRls 5 per parcel or 
cartons 
(Note that collection of fees on imports takes 
place at the time of 
issuing a letter of credit) - Fees for cleaning and maintaining cities. - Cabinet Decision No. (167) of 1999 on the 
specification of cleaning fees and 
improvements stated in  Article (11) of Law 
No. (20) of 1999 regarding the establishment 
City Improvement and Cleaning Fund. 
5 10.01 
10.06 
11.01 - Basic food 
commodities YRls 5 per bag - Fees for cleaning and maintaining c ities. - Cabinet Decision No. (167) of 1999 on the 
specification of cleaning fees and 
improvements stated in  Article (11) of Law 
No. (20) of 1999 regarding the establishment 
City Improvement and Cleaning Fund. 
  WT/ACC/SPEC/YEM/5/Rev.1 
 Page 105 
 
 
  Table 11:  Import Prohibitions  
 
List A - Prohibited Products Justifie d under Articles XX and XXI of the GATT 1994  
 
No. HS Code Description Reason of 
Prohibition WTO 
Justification 
1. 01031000 - Pure- Bred breeding animals Religious Article XX 
2. 01039100 -- Weighing less than 50 kg Religious Article XX 
3. 01039200 -- Weighing 50 kg or more Religious Article XX 
4. 02031100 -- Carcasses and half-Carcasses Religious Article XX 
5. 02031200 -- Hams, shoulders and cuts thereof, with bone in Religious Article XX 
6. 02031900 -- Other Religious Article XX 
7. 02032100 -- Carcasses and half-carcasses Religious Article XX 
8. 02032200 -- Hams, shoulders and cuts thereof, with bone in Religious Article XX 
9. 02032900 -- Other Religious Article XX 
10. 02063000 - Of swine, fresh or chilled Religious Article XX 
11. 02064100 -- Livers Religious Article XX 
12. 02064900 -- Other Religious Article XX 
13. 02090010 --- Of pig Religious Article XX 
14. 02101100 -- Hams, shoulders and cuts thereof, with bone in Religious Article XX 
15. 02101200 -- Bellies (streaky) and cuts thereof Religious Article XX 
16. 02101900 -- Other Religious Article XX 
17. 02109920 --- of meat and meat offal of swine Religious Article XX 
18. 05021000 - Pigs', hogs' or boars' bristles and hair and waste 
thereof Religious Article XX 
19. 12079100 -- Poppy Seeds Religious/health Article XX 
20. 15010010 --- of pig Religious Article XX 
21. 15030010 --- of pig Religious Article XX 
22. 15171010 --- Imitation pig fats containing pig fats Religious Article XX 
23. 15179010 --- Imitation pig fats containing pig fats and other 
prepared alimentary fats Religious Article XX 
24. 16010010 --- Sausages and products, preparations of this 
heading made of pig Religious Article XX 
25. 16010020 ----alimentary items  made of blood Religious Article XX 
26. 16021010 --- of meat and meat offal of pig Religious Article XX 
27. 16021020 --- preparations of blood Religious Article XX 
28. 16022010 --- of pig Religious Article XX 
29. 16024100 -- Hams and cuts thereof Religious Article XX 
30. 16024200 -- Shoulders and cuts  thereof Religious Article XX 
31. 16024900 -- Other, including mixtures Religious Article XX 
32. 16029010 ---preparations of pig blood Religious Article XX 
33. 16029020 ---preparations of blood Religious Article XX 
34. 16030020 ---of pigs Religious Article XX 
35. 17041010 --- Chewing gum, whether or not sugar-coated 
containing alcohol Religious Article XX 
36. 17049020 --- Confectionary  containing alcohol Religious Article XX 
37. 18062010 --- Other preparations in blocks, slabs or bars 
weighing more than 2 kg or in liquid, paste, 
powder, granular or other bulk form in containers 
or immediate packings, of a content exceeding 2 kg 
containing alcohol Religious Article XX 
38. 18063110 --- containing alcohol Religious Article XX 
39. 18063210 --- containing alcohol Religious Article XX 
40. 18069010 ---Chocolate  containing alcohol Religious Article XX 
41. 19022010 --- Macaron i stuffed with pig meat or m eat offal Religious Article XX 
42. 19059020 ----alimentary items  made of blood Religious Article XX WT/ACC/SPEC/YEM/5/Rev.1 
Page 106  
 
  No. HS Code Description Reason of 
Prohibition WTO 
Justification 
43. 20081110 ---prepared or preserved by alcoholic Religious Article XX 
44. 20081991 ---- prepared or preserved by alcoholic Religious Article XX 
45. 20082010 --- prepared or preserved by alcoholic Religious Article XX 
46. 20083010 --- prepared or preserved by alcoholic Religious Article XX 
47. 20084010 --- prepared or preserved by alcoholic Religious Article XX 
48. 20085010 --- prepared or preserved by alcoholic Religious Article XX 
49. 20086010 --- prepared or preserved by alcoholic Religious Article XX 
50. 20087010 --- prepared or preserved by alcoholic Religious Article XX 
51. 20088010 --- prepared or preserved by alcoholic Religious Article XX 
52. 20089110 --- prepared or preserved by alcoholic Religious Article XX 
53. 20089210 --- prepared or preserved by alcoholic Religious Article XX 
54. 20089910 --- prepared or preserved by alcoholic Religious Article XX 
55. 21041011 ---- Of pig meat, bowls and meat offal Religious Article XX 
56. 21041013 ----Soups and broths  containing  blood Religious Article XX 
57. 21041021 ---- Of pig meat, bowls and meat offal Religious Article XX 
58. 21041023 ---- Soup and broth preparations of Animal blood Religious Article XX 
59. 21042010 --- Of pig meat, bowls and meat offal Religious Article XX 
60. 22030000 Beer made from malt Religious Article XX 
61. 22041000 - Sparkling wine Religious Article XX 
62. 22042100 -- In containers holding 2 litres or less Religious Article XX 
63. 22042900 -- Other Religious Article XX 
64. 22043000 - Other Grape must Religious Article XX 
65. 22051000 - In containers holding 2 litres or less Religious Article XX 
66. 22059000 - Other Religious Article XX 
67. 22060000 Other fermented beverages (for example, cider, 
perry, mead); mixtures of fermented beverages and 
mixtures of fermented beverages and non- 
Alcoholic beverages, not elsewhere specified or 
included Religious Article XX 
68. 22071090 --- Other Religious Article XX 
69. 22072090 --- Other Religious Article XX 
70. 22082000 - spirits obtained by distilling grape wine or grape 
marc Religious Article XX 
71. 22083000 - Whiskies Religious Article XX 
72. 22084000 - Rum and tafia Religious Article XX 
73. 22085000 - Gin and Geneva Religious Article XX 
74. 22086000 - Vodka Religious Article XX 
75. 22087000 - Liqueurs and cordials Religious Article XX 
76. 22089000 - Other Religious Article XX 
77. 23070010 --- wine lees Religious Article XX 
78. ex 284440 
ex 294140 
ex 300390 ex 300490 Cloramphenicol and its compounds health Article XX 
79. ex 293219 
ex 300390 
ex 300490 Nitrofuran Group h ealth Article XX 
80. 40122000 - used pneumatic tyres Environmental Article XX 
81. 41033000 - of swine Religious Article XX 
82. 41063100 -- In the wet state (including wet- Blue) Religious Article XX 
83. 41063200 -- in the dry state (crust) Religious Article XX 
84. 41132000 - of swine Religious Article XX 
85. 56081110 --- Fishing nets with holes less then 20mm Environmental Article XX 
86. 70071110 --- vehicles shady glass Security Article XXI  WT/ACC/SPEC/YEM/5/Rev.1 
 Page 107 
 
 
  No. HS Code Description Reason of 
Prohibition WTO 
Justification 
87. 70071910 --- vehicles shady glass Security Article XXI 
88. 70072110 --- vehicles shady glass Security Article XXI 
89. 70072910 --- vehicles shady glass Security Article XXI 
90. 84082010 --- Second Hand Diesel Engines for Passenger 
Vehicles Environmental Article XX 
91. ex 851830 Listening devi ces  Security Article XXI 
92. ex 854390 Decoders  Security Article XXI 
93. ex 8701 
ex 8702 ex 8703 
ex 8704 
ex 8705 The following items in chapter 87 are prohibited: 
- Vehicles manufactured 8 years ago including the year of manufacture 
- Right-steering wheel vehicles. 
- Vehicles with shifted wh eels and technically unfit. 
- Vehicles with tinted glass even if it is tinted by 
manufacturing except for vehicles entering the 
country temporarily for visit purpose. Security and 
Safety Article XXI 
94.  More than 15 years old machines (+ the year of 
manufacture) Environmental Article XX 
95. ex 900691 Cameras that show the human body naked Religious Article XX 
96. 95049091 ---- Gambling  tables, machines and tools Religious Article XX 
 
  WT/ACC/SPEC/YEM/5/Rev.1 
Page 108  
 
  List B - Pesticides
 
 
No. Common Name CAS No. Formula Type of Pesticide 
1. 2,4,5-T and its salts 93-76-5 C 8H5Cl3O3 Herbicide 
2. 1,3-dichloropropene 542-75-6 C 3H4Cl2 Fumigant and 
Nematicide 
3. Acetochlor 34256-82-1 C 14H20ClNO 2 Herbicide 
4. Acifluorfen 62476-59-9 C 14H6ClF 3NNaO 5 Herbicide 
5. Acrolein 107-02-8 C 3H4O Algicide 
6. Acrylonitrile 107-13-1 C 3H3N Fumigant and 
Insecticide 
7. Alachlor 15972-60-8 C 14H20ClNO 2 Herbicide 
8. Aldicarb 116-06-3 C 7H14N2O2S Insecticide 
9. Aldoxycarb 1646-88-4 C 7H14N2O4S Insecticide and 
Nematicide 
10. Aldrin (HHDN) 309-00-2 C 12H8Cl6 Insecticide 
11. Allyl alcohol 107-18-6 C 3H6O Herbicide 
12. Aminocarb 2032-59-9 C 11H16N2O2 Insecticide 
13. Amitrole 61-82-5 C 2H4N4 Herbicide 
14. Aramite 140-57-8 C 15H23ClO 4S Acaricide 
15. Arsenic (acid, pentoxide 
and arsenate, sodium) 12002-03-8, 75-60-5, 1327-
53-3, 7778-39-4, 7778-44-1 
and 7784-40-9  Fungicide 
16. Arsenous oxide 1327-53-3 As 4O6 Rodenticide 
17. Azinphos- ethyl 2642-71-9 C 12H16N3O3PS2 Insecticide 
18. Azinphos methyl 86-50-0 C 10H12N3O3PS2 Insecticide 
19. Azobenzene 103-33-3 C 12H10N2 Acaricide 
20. Bendiocarb 22781-23-3 C 11H13NO 4 Insecticide 
21. Benfuracarb 82560-54-1 C 20H30N2O5S Insecticide 
22. Benomyl 17804-35-2 C 14H18N4O3 Fungicide 
23. Bifenthrinm   82657-04-3 (Cis) 
83322-02-5 (Trans) C23H22ClF 3O2 Insecticide and 
Acaricide 
24. Binapacryl 485-31-4 C 15H18N2O6 Acaricide and 
Fungicide 
25. Blasticidin-S 2079-00-7 C 17H26N8O5 Fungicide 
26. Bronopol 52-51-7 C 3H6BrNO 4 Bactericide 
27. Butoxycarboxim 34681-23-7 C 7H14N2O4S Insecticide and 
Acaricide 
28. Butylate butachlor 23184-66-9 C 11H23NOS Herbicide 
29. Cadmium and its 
compounds 12001-20-6 and 7784-40-9 - Insecticide 
  
30. Calcium arsenate 7778-44-1 As 2Ca3O8 Insecticide 
31. Calcium cyanide 592-01-8 and 74-90-8 C 2CaN 2 Insecticide and 
Fumigation 
32. Captafol      (Difolatan) 2425-06-1; 2939-80-2 C 10H9Cl4NO 2S Fungicide 
33. Captan 133-06-2 C 9H8Cl3NO 2S Fungicide 
34. Carbaryl 63-25-2 C 12H11NO 2 Insecticide 
35. Carbofuran 1563-66-2 C 12H15NO 3 Insecticide, 
Acaricide and 
Nematicide 
36. Carbon tetrachloride 56-23-5 CCl 4 Fumigation and 
Insecticide 
37. Carbophenothion 786-19-6 C 11H16ClO 2PS3 Insecticide 
38. Carbosulfan 55285-14-8 C 20H32N2O3S Insecticide 
39. Chinomethionat 02/01/2439 C 10H6N2OS 2 Acaricide and 
Fungicide  WT/ACC/SPEC/YEM/5/Rev.1 
 Page 109 
 
 
  No. Common Name CAS No. Formula Type of Pesticide 
40. Chlordane 57-74-9 C 10H6Cl8 Insecticide 
41. Chlordecone 143-50-0 C 10Cl10O Insecticide 
  
42. Chlordimeform 6164-98-3 C 10H10ClN 2 Acaricide 
43. Chlorethoxyfos 54593-83-8 C 6H11Cl4O3PS Insecticide 
44. Chlorfenvinphos 470-90-6 C 12H14Cl3O4P Insecticide 
45. Chlormephos 24934-91-6 C 5H12ClO 2PS2 Insecticide 
46. Chlorobenzilate 510-15-6 C 16H14Cl2O3 Acaricide 
47. Chlorophacinone 3691-35-8 C 23H15ClO 3 Rodenticide 
48. Chlorothalonil 1897-45-6 C 8Cl4N2 Fungicide 
49. Chlorthiophos 60238-56-4 C 11H15Cl2O3PS2 Insecticide 
50. Chromium VI compounds   Insecticide and 
Fungicide 
51. Cloethocarb 51487-69-5 C 11H14ClNO 4 Insecticide and 
Nematicide 
52. Coumaphos 56-72-4 C 14H16ClO 5PS Insecticide 
53. Crotoxyphos 7700-17-6 C 14H19O6P Insecticide 
54. Cyanazine 21725-46-2 C 9H13ClN 6 Herbicide 
55. Cyanophos 2636-26-2 C 9H10NO 3PS Insecticide 
56. Cycloheximide 66-81-9 C 15H23NO 4 Fungicide 
57. Cyhexatin 13121-70-5 C 18H34OSn Acaricide 
58. Cypermethrin beta-
Cypermethrin 52315-07-8 
65731-84-2 C22H19Cl2NO 3 Insecticide 
59. alpha and theta -
Cypermethrin 71697-59-1 
67375-30-8 C22H19Cl2NO 3 Insecticide 
60. zeta-cypermethrin 52315-07-8 C 22H19Cl2NO 3 Insecticide 
61. Cyproconazole 94361-06-5 C 15H18ClN 3O Fungicide 
62. Daminozide 1596-84-5 C 6H12N2O3 Plant Growth 
Regulator 
63. DDT and metabolite 50-29-3 C 14H9Cl5 Insecticide 
64. Demephion 682-80-4 C 5H13O3PS2 Insecticide 
65. Demephion-O and -S 2587-90-8  8065-62-1 C 5H13O3PS2 Insecticide and 
Acaricide 
66. Demetonne 8000-97-3 C 8H19O3PS2 Insecticide and 
Herbicide 
67. Demetonne-O and -S 298-03-3 126-75-0 C 8H19O3PS2 Insecticide and 
Acaricide 
68. Dibromochloro-propane 
(DBCP) 96-12-8 C 3H5Br2Cl Herbicide 
69. Dichlorovos (DDVP) 62-737 C 4H7Cl2O4P Insecticide 
70. Dicofol 115-32-2 C 14H9Cl5O Acaricide 
71. Dicrotophos 141-66-2 C 8H16NO 5P Insecticide 
72. Dieldrin 60-57-1 C 12H8Cl6O  Insecticide 
73. Dimefox 115-26-4 C 4H12FN 2OP Insecticide and 
Acaricide 
74. Dimethoate 60-51-5 C 5H12NO 3PS2 Insecticide 
75. Dimetilan 644-64-4 C 10H16N4O3 Insecticide 
76. Dimetonne-S-methyl 919-86-8 C 6H15O3PS2 Insecticide 
77. Dimetonne-S-
methylsulphon 17040-19-6 C 6H15O5PS2 Insecticide 
78. Dinoseb and its salts 88-85-7 C 10H12N2O5 Herbicide 
79. Dinoterb acetate 3204-27-1 C 12H14N2O6 Herbicide 
80. Dioxathion 78-34-2 C 12H26O6P2S4 Herbicide 
81. Disulfotonne 298-04-4 C 8H19O2PS3 Insecticide and 
Acaricide WT/ACC/SPEC/YEM/5/Rev.1 
Page 110  
 
  No. Common Name CAS No. Formula Type of Pesticide 
82. DNOC and its salts 534-52-1 C 7H6N2O5 Insecticide 
83. Edifenphos (EDDP) 17109-49-8 C 14H15O2PS2 Fungicide 
84. Endosulfan 115-29-7 C 9H6Cl6O3S Insecticide 
85. Endrin 72-20-8 C 12H8Cl6O  Insecticide 
86. EPN 2104-64-5 C 14H14NO 4PS Insecticide 
87. Epoxiconazole 106325-08-0 C 17H13ClFN 3O Fungicide 
88. Ethiofencarb 29973-13-5 C 11H15NO 2S  Insecticide 
89. Ethylene dibromide 106-93-4 C 2H4Br2 Fumigationand 
Herbicide 
90. Ethylene dichloride 107-06-2 C 2H4Cl2 Fumigation and 
Insecticide 
91. Ethylene oxide 75-21-8 C 2H4O Fumigation 
92. Etrimfos 38260-54-7 C 10H17N2O4PS Insecticide 
93. Fenamiphos 22224-92-6 C 13H22NO 3PS Nematicide and 
Insecticide 
94. Fenthion (MPP) 55-38-9 C 10H15O3PS2 Insecticide  
95. Fensulfothion 115-90-2 C 11H17O4PS2 Nematicide and 
Insecticide 
96. Fenitrothion 122-14-5 C 9H12NO 5PS Insecticide 
97. Fensulfothion 115-90-2 C 11H17O4PS2 Nematicide and 
Insecticide 
98. Flucythrinate 70124-77-5 C 26H23F2NO 4 Insecticide 
99. Fluometuron 2164-17-2 C 10H11F3N2O Herbicide 
100. Fluoroacetamide 640-19-7 C 2H4FNO Rodenticide and 
Insecticide 
101. Fluvalinate 
Tau-fluvalinate 69409-94-5 
102851-06-9 C26H22ClF 3N2O3 Insecticide 
102. Folpet 133-07-3 C 9H4Cl3NO 2S Fungicide 
103. Fonofos 944-22-9 C 10H15OPS 2 Insecticide 
104. Formaldehyde 50-00-0 CH 2O Fumigation , 
Fungicide and Acaricide 
105. Formetanate 2259-30-9 C 11H15N3O2 Acaricide 
106. Fosetyl-Al 39148-24-8 
9148-2408 C6H18AlO 9P3 Fungicide 
107. Fosmethilan 83733-82-8 C 13H19ClNO 3PS2 Insecticide 
108. Furathiocarb 65907-30-4 C 18H26N2O5S Insecticide 
109. Furmecyclox 60568-05-0 C 14H21NO 3 Fungicide 
110. Haloxyfop-P 72619-32-0 C 16H13ClF 3NO 4 Herbicide 
111. Heptachlor epoxide 76-44-8 C 10H5Cl7 Insecticide 
112. Heptenophos 23560-59-0 C 9H12ClO 4P Insecticide 
113. Hexachlorobenzene 118-74-1 C 6Cl6 Fungicide and 
Insecticide 
114. Hexachlorobutadiene 87-68-3 C 4Cl6 Fungicide 
115. Hexaconazole 79983-71-4 C 14H17Cl2N3O Fungicide 
116. Isazofos 42509-80-8 C 9H17ClN 3O3PS Insecticide and 
Nematicide 
117. Isofenphos 25311-71-1 C 15H24NO 4PS Insecticide 
118. Isoprocarb 2631-40-5 C 11H15NO 2 Insecticide 
119. Isothioate 36614-38-7 C 7H17O2PS3 Insecticide 
120. Isoxathion 18854-01-8 C 13H16NO 4PS Insecticide 
121. Lactofen 77501-63-4 C 19H15ClF 3NO 7 Fungicide 
122. Lead arsenate 7784-40-9 AsHO 4Pb Insecticide 
123. Leptophos 21609-90-5 C 13H10BrCl 2O2PS Insecticide  WT/ACC/SPEC/YEM/5/Rev.1 
 Page 111 
 
 
  No. Common Name CAS No. Formula Type of Pesticide 
124. Lindane, BHC, Beta and 
alpha BHC and HCH 58-89-9, 319-85-7,319-84-6 
and 608-73-1 C6H6Cl6  Insecticide and 
Rodenticide 
125. Malathion 121-75-5 C 10H19O6PS2 Insecticide 
126. Maneb 12427-38-2 C 4H6MnN 2S4 Fungicide 
127. Mercury and mercury 
compounds: 
- Mercuric oxide 
(mercury oxide) 
- Mercurous chloride 
(calomel) 
- Other inorganic 
mercury compounds  
- Alkyl mercury 
compounds 
- Alkoxyalkyl and aryl 
mercury compounds 7439-97-67 
 
487-94-7  
21908-53-2 
 7564-30-7 
 
7784-40  
7487-94-7  Fungicide 
128. Metam sodium and its 
dihydrate 
(Vapam) 137-42-8  
 6734-80-1 C2H4NNaS 2 Fungicide 
129. Methamidophos 10265-92-6 C 2H8NO 2PS Insecticide 
130. Methidathion 950-37-8 C 6H11N2O4PS3 Insecticide 
131. Methiocarb 2032-65-7 C 11H15NO 2S Insecticide 
132. Methomyl 16752-77-5 C 5H10N2O2S Insecticide 
133. Methoxychlor 72-43-5 C 16H15Cl3O2 Insecticide 
134. Methyl  parathion 298-00-0 C 8H10NO 5PS Insecticide 
135. Methyl bromide 74-83-9 CH 3Br Fumigation and 
Insecticide 
136. Methyl isothiocyanate 556-61-6 C 2H3NS Insecticide 
137. Mevinphos 26718-65-0 C 7H13O6P Insecticide 
138. Mirex 2385-85-5 C 10Cl12 Insecticide 
139. Monocrotophos 6923-22-4 C 7H14NO 5P Insecticide 
140. Naled 300-76-5 C 4H7Br2Cl2O4P Insecticide 
141. Nicotine 54-11-5 C 10H14N2 Insecticide 
142. Nitrofen 1836-75-5 C 12H7Cl2NO 3 Herbicide 
143. Omethoate 1113-02-6 C 5H12NO 4PS Insecticide 
144. Orthophenylphenol and Na 
salt 90-43-7 
132-27-4 C12H10O 
C12H9NaO Fungicide 
145. Oxamyl (Thioxamyl) 23135-22-0 C 7H13N3O3S Insecticide and 
Nematicide 
146. Oxydemetonne-methyl 301-12-2 C6H15O4PS2 Insecticide 
147. Oxydeprofos (ESP) 2674-91-1 C 7H17O4PS2 Insecticide 
148. Paraquat 4685-14-7 C 12H14N2 Herbicide 
149. Parathion 
(Thiophos) 56-38-2 C 10H14NO 5PS Insecticide 
150. Paris green 12002-03-8 C 4H6As6Cu4O16 Insecticide 
151. Pentachlorophenol 87-86-5 C 6HCl 5O Insecticide and 
Fungicide 
152. Phenthoate 07/03/2597 C 12H17O4PS2 Insecticide 
153. Phenylmercury acetate 62-38-4 C 8H8HgO 2 Fungicide 
154. Phenylmercury nitrate 02/05/8003 C 12H11Hg 2NO 4 Fungicide 
155. Phorate (Timet) 298-02-2 C 7H17O2PS3 Insecticide and 
Acaricide 
156. Phosalone 2310-17-0 C 12H15ClNO 4PS2 Insecticide 
157. Phosfolan 950-10-7 C 8H16NO 3PS2 Insecticide 
158. Phosphamidon 13171-21-6 C 10H19ClNO 5P Insecticide WT/ACC/SPEC/YEM/5/Rev.1 
Page 112  
 
  No. Common Name CAS No. Formula Type of Pesticide 
159. Phoxim 14816-18-3 C 12H15N2O3PS Insecticide 
160. Phoxim-methyl 14816-16-1 C 10H11N2O3PS Insecticide 
161. Pirimicarb 23103-98-2 C 11H18N4O2 Insecticide 
162. Pirimiphos- ethyl l23505-41-1 C 13H24N3O3PS Insecticide 
163. Polychloroterpenes 8001-50-1 C 10H11Cl7 Insecticide and 
Acaricide 
164. Procymidone 2809-16-8 C 13H11Cl2NO 2 Insecticide and 
Acaricide 
165. Pronamid(Propyzamide) 23950-58-5 C 12H11Cl2NO Herbicide 
166. Propaphos 7292-16-2 C 13H21O4PS Insecticide 
167. Propargite 2312-35-8 C 19H26O4S Herbicide 
168. Propetamphos 31218-83-4 C 10H20NO 4PS Insecticide 
169. Propoxur 114-26-1 C 11H15NO 3 Insecticide 
170. Prothoate 2275-18-5 C 9H20NO 3PS2 Insecticide 
171. Scilliroside 507-60-8 C 32H44O12 Rodenticide 
172. Sodium arsenite 7784-46-5 AsNaO 2 Insecticide and 
Herbicide 
173. Sodium cyanide 143-33-9 CNNa Insecticide and 
Fumigation 
174. Sodium fluo roacetate 62-74-8 C 2H2FNaO 2 Rodenticide 
175. Sulfallate 95-06-7 C 8H14ClNS 2 Herbicide 
176. Sulfotep 3689-24-5 C 8H20O5P2S2 Insecticide 
177. Sulprofos 35400-43-2 C 12H19O2PS3 Insecticide 
178. Tebupirimfos 96182-53-5 C 13H23N2O3PS Insecticide 
179. Tefluthrin 79538-32-2 C 17H14ClF7O2 Insecticide 
180. TEPP 107-49-3 C 8H20O7P2 Acaricide 
181. Terbufos 13071-79-9 C 9H21O2PS3 Insecticide and 
Nematicide 
182. Terrazole (Etridiazole) 2593-15-9 C 5H5Cl3N2OS Fungicide 
183. Thiodicarb 59669-26-0 C 10H18N4O4S3 Insecticide 
184. Thiofanox 39196-18-4 C 9H18N2O2S Insecticide 
185. Thiometonne 640-15-3 C 6H15O2PS3 Insecticide and 
Acaricide 
186. Thionazin 297-97-2 C 8H13N2O3PS Insecticide and 
Nematicide 
187. Thiram 137-26-8 C 6H12N2S4 Fungicide 
188. Toxaphene (Camphechlor) 8001-35-2 C 10H10Cl8 Insecticide 
189. Triamiphos 1031-47-6 C 12H19N6OP Acaricide, 
Nematicide and Insecticide 
190. Triazophos 24017-47-8 C 12H16N3O3PS Insecticide 
191. Trichlorfon 52-68-6 C 4H8Cl3O4P Insecticide 
192. Trichloronate 327-98-0 C 10H12Cl3O2PS Insecticide 
193. Trimethacarb 12407-86-2 C 11H15NO 2 Insecticide 
194. Triphenyltin hydroxide 76-87-9 C 18H16OSn Fungicide 
195. Vamidothion 2275-23-2 C 8H18NO 4PS2 Insecticide 
 
  WT/ACC/SPEC/YEM/5/Rev.1 
 Page 113 
 
 
  List C(1) - Ozone-Depleting Substances  
 
 
No. HS 
Heading CAS number Chemical Code 
Name Chemical 
Short Formula Chemical Name 
1. 29.03   * CHFBr 2 Fluorodibromomethane 
2. ~ 1511-62-2 HBFC-22B1 CHF 2Br Difluorobromomethane 
3. ~   * CH 2FBr Fluorobromomethane 
4. ~   * C 2HFBr 4 Fluorotetrabromoethane 
5. ~   * C 2HF 2Br3 Difluorotribromoethane 
6. ~   * C 2HF 3Br2 Trifluorodibromoethane 
7. ~ 124-72-1 * C 2HF 4Br Tetrafluorobromoethane 
8. ~   * C 2H2FBr 3 Fluorotribromoethane 
9. ~ 75-82-31392-1-
968 * C 2H2F2Br2 Difluorodibromoethane 
10. ~ 421-06-7 * C 2H2F3Br Trifluorobromoethane 
11. ~ 958-97-4 * C 2H3FBr 2 Fluorodibromoethane 
12. ~   * C 2H3F2Br Difluorobromoethane 
13. ~ 762-49-2 * C 2H4FBr Fluorobromoethane 
14. ~ 29470-94-8, 
134273-35-7 * C 3HFBr 6 Fluorohexabromopropane 
15. ~   * C 3HF 2Br5 Difluoropentabromopropane 
16. ~   * C 3HF 3Br4 Trifluorotetrabromopropane 
17. ~   * C 3HF 4Br3 Tetrafluorotribromopropane 
18. ~   * C 3HF 5Br2 Pentafluorodibromopropane 
19. ~ 63905-11-3 * C 3HF 6Br Hexafluorobromopropane 
20. ~   * C 3H2FBr 5 Fluoropentabromopropane 
21. ~   * C 3H2F2Br4 Difluorotetrabromopropane 
22. ~   * C 3H2F3Br3 Trifluorotribromopropane 
23. ~   * C 3H2F4Br2 Tetrafluorodibromopropane 
24. ~ 422-01-5 * C 3H2F5Br Pentafluorobromopropane 
25. ~   * C 3H3FBr 4 Fluorotetrabromopropane 
26. ~  * C 3H3F2Br3 Difluorotribromopropane 
27. ~ 431-21-0 * C 3H3F3Br2 Trifluorodibromopropane 
28. ~ 679-84-5 * C 3H3F4Br Tetrafluorobromopropane 
29. ~   * C 3H4FBr 3 Fluorotribromopropane 
30. ~   * C 3H4F2Br2 Difluorodibromopropane 
31.       C 3H4F3Br Trifluorobromopropane 
32. ~   * C 3H5FBr 2 Fluorodibromopropane 
33. ~   * C 3H5F2Br Difluorobromopropane 
34. ~ 352-91-0 * C 3H6FBr Fluorobromopropane 
35.      CH 2BrCl BromochloroMethane 
 
 WT/ACC/SPEC/YEM/5/Rev.1 
Page 114  
 
  List C(2) - Systems, Units, Equipment and Products Using or Containing any of the 
 
Controlled Substances Under the Montreal  Protocol Stated in Annex 1 Below  
 
1. Automobile and truck air conditioning units (whether incorporated in vehicles or not) 
2. Refrigerators 
3. Freezers 
4. Dehumidifiers 
5. Water coolers 
6. Ice machines 
7. Air-conditioning and heat pump units 
8. Aerosol products except the medical aerosol 
9. Portable fire extinguisher 
10. Insulation boards, panels and pipe covers 
11. Pre-Polymers 
12. Compressors as spare parts for equipment listed from 1-7 above 
 
Annex 1  
Substances Subject to Prohibition in Im ported Equipment, Tools and Products  
 
 
No. Chemical Name Chemical Short Formula Chemical Code Name 
1. Fluorotrichloromethane CFCl 3 CFC-11 
2. Diflorodichloromethane CF 2Cl2 CFC-12 
3. Trichlorotrifluoroethane C 2F3Cl3 CFC-113 
4. Dichlorotetrafluoroethane C 2F4Cl2 CFC-114 
5. Chloropentafluoroethane C 2F5Cl CFC-115 
6. Bromochlorodifluoromethane CF 2BrCL Halon-1211 
7. Bromotrifluoromethane CF 3Br Halon-1301 
8. Dibromotetrafluoroethane C 2F4Br2 Halon-2402 
9. Trifluorochloromethane CF 3Cl CFC-13 
10. Fluoropentachloroethane C 2FCl 5 CFC-111 
11. Difluorotetrachloroethane C 2F2Cl4 CFC-112 
12. Fluoroheptachloropropane C 3FCl 7 CFC-211 
13. Difluorohexachloropropane C 3F2Cl6 CFC-212 
14. Trifluoropentachloropropane C 3F3Cl5 CFC-213 
15. Tetrafluorotet rachloropropane C 3F4Cl4 CFC-214 
16. Pentafluorotrichloropropane C 3F5Cl3 CFC-215 
17. Hexafluorodichloropropane C 3F6Cl2 CFC-216 
18. Heptafluorochloropropane C 3F7Cl CFC-217 
19. Carbontetracchloride CCI 4 CTC 
20. I.I.I trichloroethane (Methyle 
Chloroform) C2H3CI3 CTA 
21. R -500  CFC-12/HFC-152a R-500 
22. R -502  HCFC-22/CFC151 R-502 
Note: Diplomats and passengers' personal luggage are excluded.  
 
 
 
  WT/ACC/SPEC/YEM/5/Rev.1 
 Page 115 
 
 
  List D - Wastes According to Basel Convention  
 
Waste Streams  
1. Y1 Clinical wastes from  medical care in hospitals, medical centers and clinics 
2. Y2 Wastes from the production and preparation of pharmaceutical products 
3. Y3 Waste pharmaceutical s, drugs and medicines 
4. Y4 Wastes from the produc tion, formulation and use of bi ocides and phytopharmaceuticals 
5. Y5 Wastes from the manufacture, formulation and use of wood 
6. Y6 Wastes from the production, formulation and use of organic 
7. Y7 Wastes from heat treatment and te mpering operations containing cyanides 
8. Y8 Waste mineral oils unfit for their originally intended use preserving chemicals 
9. Y9 Waste oils/water, hydrocarbons/water mixtures, emulsions 
10. Y10 Waste substances and Articles containing or contaminated solvents 
polychlorinated terphenyls (PCTs) and/or polybrominated biphenyls (PBBs) 
11. Y11 Waste tarry residues arising from refining, distillation and any pyrolytic treatment 
12. Y12 Wastes from production, formulation and use of inks, dyes,pigments, paints, lacquers, varnish 
13. Y13 Wastes from production, formulation and use of resins,latex, plasticizers, glues/adhesives 
14. Y14 Waste chemical substances arising from research and development or teaching activities which are 
not identified and/or are new and whose effects on man and/or the environment are not known 
15. Y15 Wastes of an explosive nature not subject to other legislation 
16. Y16 Wastes from production, formulation and use of photographic chemicals and processing materials 
17. Y17 Wastes resulting from surface treatment of metals and plastics 
18. Y18 Residues arising from industrial waste disposal operations 
Wastes having as constituents 
1. Y19 Metal carbonyls 
2. Y20 Beryllium; beryllium compounds 
3. Y21 Hexavalent chromium compounds 
4. Y22 Copper compounds 
5. Y23 Zinc compounds 
6. Y24 Arsenic; arsenic compounds 
7. Y25 Selenium; selenium compounds 
8. Y26 Cadmium; cadmium compounds 
9. Y27 Antimony; antimony compounds 
10. Y28 Tellurium; tellurium compounds 
11. Y29 Mercury; mercury compounds 
12. Y30 Thallium; thallium compounds 
13. Y31 Lead; lead compounds 
14. Y32 Inorganic fluorine compounds excluding calcium fluoride 
15. Y33 Inorganic cyanides 
16. Y34 Acidic solutions or acids in solid form 
17. Y35 Basic solutions or bases in solid form 
18. Y36 Asbestos (dust and fibres) 
19. Y37 Organic phosphorus compounds 
20. Y38 Organic cyanides 
21. Y39 Phenols; phenol compounds including chlorophenols 
22. Y40 Ethers 
23. Y41 Halogenated organic solvents 
23. Y42 Organic solvents excluding halogenated solvents 
24. Y43 Any congenor of polychlorinated dibenzo-furan 
25. Y44 Any congenor of polychlorinated dibenzo-p-dioxin 
26. Y45 Organohalogen compounds other than substances referred to in this Annex (e.g. Y39, Y41, Y42, 
Y43, Y44) 
27.  Y46 Wastes collected from households 
28. Y47 Residues arising from the incineration of household wastes WT/ACC/SPEC/YEM/5/Rev.1 
Page 116  
 
  List E - Persistent Organic Polluta nts According to Stockholm Convention 
 
 
No. Name of Chemical CAS.NO 
1. Aldrin  309-00-2 
2. Chlordan 57-74-9 
3. Dieldrin                 60-57-1 
4. Endrin                  72-20-8 
5. Hexachlorobenzene 118-74-1 
6. Heptachlor    76-44-8 
7. Mirex 2385-85-5 
8. Toxaphene  8001-35-2 
9. DDT (1,1,1-trichloro-2,2bis(p-chlorophényl)éthane) 50-29-3 
10. Polychlorinated biphenyls    
11. PCDD).  POLYCHLORINAT)DIOXINSED DIBEZO  -P -DIOXINS  
12. PCDF).  POLYCHLORINATED)FURAN DIBENZO-FURANS   
 
  
  
   WT/ACC/SPEC/YEM/5/Rev.1
 Page 117Table 15:  Fees and Charges for Services Rendered on Exports   
S/N HS Code Description F ee Purpose Legal Reference 
1. Products covered in chapters 
03.00 and 16.00 - Tails of rocky lobster 
- Rocky lobster in full, frozen 
- Living lobster 
- Deep water lobster 
- Coastal shrimps 
- Deep water shrimps 
- Squid 
- Fresh fish 
- Frozen fish 
- Fillets of fresh and frozen 
fish 
- Fins of shark 
- Trepang 
- Harica and yareeka fish 
- Octopus 
- Crabs 
- Dried fish 
- Mince of fish - YRls 49 per kg 
- YRls 20 per kg 
 
- YRls 39 per kg 
- YRls 12 per kg 
- YRls 16 per kg 
- YRls 4 per kg 
- YRls 5 per kg 
- YRls 4 per kg 
- YRls 3 per kg 
- YRls 10 per kg 
 
- YRls 59 per kg 
- YRls 59 per kg 
- YRls 5 per kg 
- YRls 5 per kg 
- YRls 3 per kg 
- YRls 2 per kg 
- YRls 1 per kg Fees for services of examining 
and controlling the quality of 
Yemen's fish products in order to 
issue health certificate. Decision of the Minister of 
Fishery No. 58/2006 on 
Determination of Fees for the 
Issue of Health Certificates per 
each shipment of fish and marine 
organisms, subject to the Law 
No 2/2006 on the Regulation of 
Fishing, Utilizing and Protecting 
Marine Life. 
2. 38.08 Plant pesticides Two per thousand (2/1000) of the 
value of exportation Fees for export permit.  Law No. 25/1999 on Regulation 
of Plant Pesticides Circulation. 
3.  Animal wealth YRls 1, 000 for each certificat e Fees for the issue of veterinary 
certificate. Law No. 17/2004 on Regulation 
and Protection of Animal 
Resources. 
4.  Goods subject to accredited 
standards YRl 1,000, providing that the 
product must be registered at the 
Yemeni Standardization, 
Metrology, and Quality Control 
Organization (YSMO), and the 
enterprise making such 
production should have a certificate to practice good 
manufacturing Fees for the issuance of 
conformity certificate. Decision of the Minister of 
Industry and Trade No. 2/2003 on 
the Regulations of Conformity 
Assessment of Goods and 
Enterprises to Accredited 
Standards.  
  WT/ACC/SPEC/YEM/5/Rev.1 
Page 118 S/N HS Code Description F ee Purpose Legal Reference 
5 Items included in Chapter 06.00 Plant Consignment - YRls 1,500 
 
 
 
- YRls 3,000 
 
 
 
 
- YRls 3,000  
 
 
 
- YRls 50 
 
- YRls 100 - Fees for issuing a plant 
health certificate for 
exported or re-exported 
plant consignments. 
- Lab examination costs for 
each type or variety of 
consignment of seeds, 
tubers, bulbs, rhizomes 
seedlings, corms. 
- Lab examination costs for 
each type or variety of 
consignment of 
manufactured organic 
fertilizers or artificial soil. 
- For each 20 seedlings or 
sucker. 
- For each bunch of cuttings 
(not more than 50 cuttings). - Law No.32/1999 on 
Plant Quarantine. 
- Ministerial Decree 
No. 29/2002 on 
determining the fees to 
be charged on plant 
consignments which are 
subject to the provisions 
of the Law on plant 
quarantine and the conditions for 
exemption from such 
fees. 
6 Chapter 12 
Chapter 31 - Seeds 
- Fertilizers - YRls 3,000 
- Determined according to the 
cost of each element Lab examination fees. Decree by the Minister of 
Agriculture No. 43/2005 on Fees 
for Services of Registration and 
Examination of Seeds and 
Agricultural Fertilizers. 
  
   WT/ACC/SPEC/YEM/5/Rev.1
 Page 119Table 17:  List of Groups of Products and the Rele vant Conformity Assessment Systems Applied on them  
 
No. Item HS Code Conformity Assessment Procedure 
Group (1):  Toys 
1. Bicycles and wagons  9501 
2. Dolls 9502 
3. Entertainment toys including 
puzzles and assembly toys 9503 
4. Toys in the form of animals or 
creatures 9503.40, 9503.41 
5. Other toys in the form of sets 
or groups 9503.70 
6. Toys with engine inside 9503.80 The manufacturer keeps technical reports and files that proves the product conformity to standards or 
technical regulations.  The Certification Body perfor ms inspection, type testing and surveillance on 
production at random periods. 
Group (2):  Electrical and electronic products 
1. Cables and electrical wires 8544, 8544.10, 8544.20  
2. All types of conductors 8544.49.20, 8544.50, 
8544.51, 544.51.10, 8544.40, 8544.41, 
8544.41.20  
3. Circuit breakers 8536, 8536.20  
4. Electrical transformers 8504.21, 8504.22, 
8504.31, 8504.32, 
8504.33, 850.34  
5. Receiving devi ces (television, 
radio and antenna, telephones, wireless phones and mobiles) 8528.00, 8528.11, 
8528.12, 8528.13, 8527.00, 8527.10, 
8527.12, 8527.13, 
8527.19, 8527.20, 8527.21, 8527.29, 
8529.10, 8529.10.10 The Certification Body performs inspection, type testing on the design and product, surveillance on 
production at random periods, in addition to assessment of quality system that includes design and 
surveillance on it. 
6. Fax and telex machines 8517.21, 8517.22  
7. Household freezers 8418.40 The manufacturer keeps a technical file that proves the product conformity to standards and techn ical 
regulations.  The Certification Body performs inspecti on, type testing and surveillance on production at 
random periods. 
8. Photocopying machines 9009.11, 9009.12, 
9009.21, 9009.22, 
900.30   
  WT/ACC/SPEC/YEM/5/Rev.1 
Page 120 No. Item HS Code Conformity Assessment Procedure 
9. Lift and elevator systems 8428.10.10, 8431.31 The Certification Body performs inspection, type testing on the design and pro duct at random periods, 
assessment of the quality of the quality system that includes design and surveillance. 
10. Personal computers 8471.41 
11. Telephones, wireless phones 
and mobiles 8517.10, 8517.11, 
8517.19, 8517.50, 
8525.20.10 
12. Household microwave ovens 8516.50 
13. Household vacuum cleaners 
and water suction appliances 8509.10 
14. TV Display sets (video) 8521.10, 8521.90 
15. Household clothes drying 
machines 8451.21 
16. Air conditioners 8415.10 
17. Electrical ovens including 
cooking surfaces, kettles, grills 
and toasters 8516.60, 8516.71, 
8516.72 The manufacturer keeps a technical file that proves the product conformity to standards or technical 
regulations.  The Certification Body performs inspecti on, type testing and surveillance on production at 
random periods. 
Group (3): Vehicles 
1. Passenger automobiles, trucks 
and buses (new) 8701, 8702, 8703, 
8704, 8705 The Certification Body performs inspection, type tes ting at random periods, assessment of quality system 
and surveillance on it. 
2. Passenger automobiles, trucks 
and buses (used) 8701, 8702, 8703, 
8704, 8705 100% inspection. 
3. New tyres for passenger 
automobiles, trucks and buses 4011.10, 4011.20 The Certification Body performs inspection, type testing at random periods, assessment of quality system 
and surveillance on it. 
Group (4): Safety personal devices  
1. Safety head helmets 6506.10 
2. Rubber and plastic safety shoes 6402, 6401 
3. Eye protectors 9004 
4. Ears protectors 6506.10 
5. Nose and mouth masks 6506.10 
6. Safety gloves 6216 The Certification Body performs inspection, type testing and surveillance on production at random periods 
in addition to assessment of quality system relevant to production and surveillance on the quality system.  
   WT/ACC/SPEC/YEM/5/Rev.1
 Page 121No. Item HS Code Conformity Assessment Procedure 
Group (5):  Foodstuffs with its all types  
1. Frozen and fresh meats (beef, 
mutton, goat meat, chicken, 
fish and bowels) 2.01, 2.02, 2.03, 2.04, 
2.05, 2.05, 2.06, 2.07, 
2.08, 2.02, 3.03, 3.04, 3.07 Product Conformity Certification Body will carry out the inspection for the batch pursuant to health and 
veterinary measures and Yemeni technical regulations. 
 
Required Procedures by Inspection Body/Required Ratification: 
- That the exported country of fr ee from animal epidemic diseases stipulated in the International 
Epidemics Office bylaws (a) and (b); 
- That the exported country of free of cow madness disease (for beef and its products); 
- That butcheries where anim als are slaughtered are licensed officially  and subject to veterinary official 
supervision; 
- That animal's food neither contained hormones materials, nor animal, nor animals were injected with 
hormones; 
- That meats products were medically (veterin ary) examined before or after slaughter; 
- That meats have been brought to Yemen in accordance with transporting and storing food items 
conditions; and 
- That fishing methods are in pursuant to International practices. 
2. Meat products (canned meat, 
packed, smoked, salinity and 
processed meats … etc.) eggs 
and its products 2.10, 3.05, 3.06, 4.07, 
4.08, 4.10, 16.01, 
16.02, 16.04, 16.05 The manufacturer maintain technical re ports and files that prove meat pr oduct are in conformity with the 
health measures and technical regulations.  The B ody will carry out testing, market surveillance, 
production in accordance with health measures and Yemeni technical regul ations or in accordance with the 
international standards in case unavailability of health measures or Yemeni technical regulations. 
 
Required Procedures by Inspection Body/Required Ratification: 
- That the factory uses meats conforming with  health measures applied in Yemen; and 
- That heath practices in items produced are in conformity with Yemeni technical regulations. 
3. Milk and dairy products 4.01, 4.02, 4.03, 4.04, 
4.05, 4.06, 21.05 The manufacturer maintain technical re ports and files that prove milk and diary products are in conformity 
with the health measures and technical regulations.  The Body will carry out testing, market surveillance, 
production in accordance with health measures and Yemeni technical regul ations or in accordance with the 
international standards in case the unavailability of health measures or Yemeni technical regulations. 
 
Required Procedures by Inspection Body/Required Ratification: 
- That milk used in industry is imported from h ealthy cows and free from diseases, including cow 
madness disease; and 
- That the factory uses milk that is in conformity with health measures of Yemeni technical regulations.  
  WT/ACC/SPEC/YEM/5/Rev.1 
Page 122 No. Item HS Code Conformity Assessment Procedure 
4. Frozen and fresh fruits and 
vegetables 7.01, 7.02, 7.03, 7.04, 
7.05, 7.06, 7.07, 7.08, 
7.09, 7.10, 7.11, 7.12, 7.13, 7.14, 8.01, 8.02, 
8.03, 8.04, 8.05, 8.06, 
8.07, 8.08, 8.09, 8.10, 8.11, 8.12 Product Conformity Certification Body will carry out  batch inspection in accordance with plant health 
measures and Yemeni technical regulations. 
 
Required Procedures by Inspection Body/Required Ratification: 
- That the exported country is free from harmful pe sts and insects to plants in accordance with plant 
health agreement; 
- That imported fruits and vegetables do not contain pe sticides effects within the limits permitted in the 
lists issued by the Codex Alimentarius standards; 
- That fruits and vegetables are valid for human consumption; and 
- That transport is conformi ng with transporting and storing food items instructions. 
5. Packed and canned plant and 
vegetable products 20.01, 20.02, 20.03, 
20.04, 20.05, 20.06, 
20.08 The manufacturer maintain technical reports and f iles that prove canned vegetable products are in 
conformity with health measures and technical regulations.  The Body will carry out the inspection for 
testing, market surveillance and production in accordance with health measures and Yemeni technical 
regulations or in accordance with the international standards in case unavailability of health measures or 
Yemeni technical regulations. 
 
Required Procedures by Inspection Body/Required Ratification: 
- That the factory uses vegetables and fruit items that valid for human consumption and used in food 
industry; and 
- That manufacturing practices app lied in the factory harmonized with Yemeni technical regulations. 
6. Dry and dehydrated plant and 
vegetable products (vegetables, cereals, fruits and crackers) 8.13, 8.14, 9.01, 9.01, 
9.02, 9.03, 9.04, 9.05, 9.06, 9.07, 9.08, 9.09, 
9.10, 10.01, 10.02, 
10.03, 10.04, 10.05, 10.06, 11.01, 11.02, 
11.03, 11.04, 11.05, 
11.06, 11.07, 11.08, 11.09, 12.01, 12.02, 
12.03, 12.04, 12.05, 
12.06, 12.07, 12.08, 12.10, 12.12, 17.01, 
17.02 Product Conformity Certification Body will carry out  batch inspection in accordance with plant health 
measures and Yemeni technical regulations. 
 
Required Procedures by Inspection Body/Required Ratification: 
- That the exported country is free from harmful pe sts and insects to plants in accordance with plant 
health agreement; 
- That the product does not contain pesticides effects within the limits permitted in the lists issued by 
the Codex Alimentarius standards; 
- That transport means are suitab le for transporting food items; 
- That the factory uses vegetables and fruit items that valid for human consumption and used in food 
industry; and 
- That manufacturer practices applied in the factory harmonized with Yemeni technical regulations.  
   WT/ACC/SPEC/YEM/5/Rev.1
 Page 123No. Item HS Code Conformity Assessment Procedure 
7. Drinks and Juices 20.09, 21.01, 22.09 The manufacturer maintain technical reports and files that prove drinks and juices are  in conformity with 
health measures and technical regulations.  The Body will carry out the inspection for testing, market 
surveillance and production in accordance with health measures and Yemeni tech nical regulations or in 
accordance with the inte rnational standards in case un availability of health measures or Yemeni technical 
regulations. 
 
Required Procedures by Inspection Body/Required Ratification: 
- That the factory uses raw materials usable for food items and conforming with Yemeni technical 
regulations; 
- That manufacturer practices applied in the factory harmonized with Yemeni technical regulations; 
and 
- That transport of products are in conformity with  the conditions of storing and transporting for the 
materials. 
8. Sweets, candies and cocoa 
products 4.09, 17.03, 17.04, 
18.01, 18.02, 18.03, 
18.04, 18.06, 20.07 The manufacturer maintain technical reports and files that prove candies , sweets and cocoa products are in 
conformity with health measures and technical regulations.  The Body will carry out the inspection for 
testing, market surveillance and production in accordance with health measures and Yemeni technical 
regulations or in accordance with the international standards in case unavailability of health measures or 
Yemeni technical regulations. 
 
Required Procedures by Inspection Body/Required Ratification: 
- That the factory uses raw materials usable for food  industry and in conformi ty with Yemeni technical 
regulations; 
- That manufacturer practices applied in the factory harmonized with Yemeni technical regulations; 
- That the products transport are in conformity with  storing and transporting food items conditions; and 
- In case that the product cont ained milk items, it should be 
9. Baking products (biscuits, 
cakes, frozen paste and pasta) 19.01, 19.02, 19.03, 
19.04, 19.05, 21.02 The manufacturer maintain technical reports and files that prove baked products (biscuits, cakes, frozen 
pastes and pasta) are in conformity with health m easures and technical regulations.  The Body will carry 
out the inspection for testing, mark et surveillance and production in acco rdance with health measures and 
Yemeni technical regulations or in accordance with th e international standards in case unavailability of 
health measures or Yemeni technical regulations. 
 
Required Procedures by Inspection Body/Required Ratification: 
- That the factory uses raw materials usable for food  industry and in conformi ty with Yemeni technical 
regulations; 
- That manufacturer practices applied in the factory harmonized with Yemeni technical regulations; 
- That the products transport are in conformity with  storing and transporting food items conditions; and 
- In case that the product contained milk items, it shou ld be verified that milk is provided from free 
diseases animals, which includes cow madness disease.  
  WT/ACC/SPEC/YEM/5/Rev.1 
Page 124 No. Item HS Code Conformity Assessment Procedure 
10. Babies and infant foods 21.06 The manufacturer maintain technical reports and files that prove infants and baby food are in  conformity 
with health measures and technical regulations.  The Body will carry out the inspection for testing, market 
surveillance and production in accordance with health measures and Yemeni tech nical regulations or in 
accordance with the inte rnational standards in case un availability of health measures or Yemeni technical 
regulations. 
 
Required Procedures by Inspection Body/Required Ratification: 
- That milk used in manufacturing  is provided from healthy cows and fr ee from diseases, including 
cow madness diseases; 
- That manufacturer practices applied in the factory harmonized with Yemeni technical regulations; 
and 
- That the factory uses milk that is conforming with health conditions in accordance with Yemeni 
technical regulations. 
11. Sauces and soups (fluid and 
dry) 16.03, 21.03, 21.04 The manufacturer maintain technical reports and files that prove dry and fluid sauces and soups are in 
conformity with health measures and technical regulations.  The Body will carry out the inspection for 
testing, market surveillance and production in accordance with health measures and Yemeni technical 
regulations or in accordance with the international standards in case unavailability of health measures or 
Yemeni technical regulations. 
 
Required Procedures by Inspection Body/Required Ratification: 
- That the factory uses raw materials usable for food  industry and in conformi ty with Yemeni technical 
regulations; 
- That manufacturer practices applied in the factory harmonized with Yemeni technical regulations; 
- In case that the product contained milk items, it shou ld be verified that milk is provided from free 
diseases animals, which includes cow madness disease; and 
- In case, containing the product milk items, it should be verified that milk is provided from free 
diseases cows, especially cow madness disease.  
   WT/ACC/SPEC/YEM/5/Rev.1
 Page 125No. Item HS Code Conformity Assessment Procedure 
12. Oils and its products 15.07, 15.08, 15.09, 
15.10, 15.11, 15.12, 
15.13, 15.14, 15.15, 15.16, 15.17, 15.18 The manufacturer maintain technical reports and files that prove oils and oil products are in conformity 
with health measures and technical regulations.  The Body will carry out the inspection for testing, market 
surveillance and production in accordance with health measures and Yemeni tech nical regulations or in 
accordance with the inte rnational standards in case un availability of health measures or Yemeni technical 
regulations.   
 
Required Procedures by Inspection Body/Required Ratification: 
- That the factory uses raw materials usable for food  industry and in conformi ty with Yemeni technical 
regulations; 
- That manufacturer practices applied in the factory harmonized with Yemeni technical regulations; 
- That the products transport are in conformity with  storing and transporting food items conditions; and 
- That transport means for oils (D) are suitable fo r food items in accordance with health conditions. 
13. Bottled water, mineral and 
soda 22.01, 22.02 The manufacturer maintain technical reports and files that prove bottled water, mineral and soda are in 
conformity with health measures and technical regulations.  The Body will carry out the inspection for 
testing, market surveillance and production in accordance with health measures and Yemeni technical 
regulations or in accordance with the international standards in case unavailability of health measures or 
Yemeni technical regulations. 
 
Required Procedures by Inspection Body/Required Ratification: 
- That the factory uses raw materials usable for food  industry and in conformi ty with Yemeni technical 
regulations; 
- That manufacturer practices applied in the factory harmonized with Yemeni technical regulations; 
and 
- That the products transport are in conformity w ith storing and transporting food items conditions. 
14. Food additives  The manufacturer maintain technical reports and files that prove food additives are in conformity with 
health measures and technical regulations.  The Body will carry out the inspection for testing, market 
surveillance and production in accordance with health measures and Yemeni tech nical regulations or in 
accordance with the inte rnational standards in case un availability of health measures or Yemeni technical 
regulations. 
 
Required Procedures by Inspection Body/Required Ratification: 
- That the materials used in manufacturing food additives are valid for human consumption in 
accordance with internationa l Alimentarius commission; 
- In case containing food additives an ingredients related to cow origin; and 
- If the product is related to meats.  
  WT/ACC/SPEC/YEM/5/Rev.1 
Page 126 No. Item HS Code Conformity Assessment Procedure 
Group (6):  Steel Bars for the Re-
enforcement of Concrete 7208,7209,7210,7211, 
7212, 7213, 7214,7215 The manufacturer keeps a technical file that proves the product conformity to standards or technical 
regulations.  The Certification Body performs inspection, type testing on the product at random periods, 
assessment of the quality system that includes design and surveillance. 
Group (7):  Portable Steel Cylinders 
for Liquefied Petroleum Gases 
(LPG) 7311 The manufacturer keeps a technical file that proves the product conformity to standards or technical 
regulations.  The Certification Body performs inspection, type testing on the design and product at random 
periods, assessment of the quality system that includes design and surveillance. 
Group (8): Timber 4407,4408,4409,4410, 
4411,4412,4418,4420, 
4421 The manufacturer keeps a technical file that proves the product conformity to standards or technical 
regulations.  The Certification Body performs inspection, type testing on the design and product at random 
periods, assessment of the quality system that includes design and surveillance. 
 
 
_______________  
 
  WT/ACC/SPEC/YEM/5/Rev.1 
 Page 127 
 
 
  [DRAFT DECISION 
ACCESSION OF THE REPUBLIC OF YEMEN 
Decision of […] 
 The General Council, 
 Having regard to  paragraph 2 of Article X II and paragraph 1 of Article IX of the Marrakesh 
Agreement Establishing the World Trade Organizati on (the "WTO Agreement"), and the Decision-
Making Procedures under Articles IX and XII of th e WTO Agreement agreed by the General Council 
(WT/L/93), 
 Conducting  the functions of the Ministerial Confer ence in the interval between meetings 
pursuant to paragraph 2 of Article IV of the WTO Agreement, 
 Taking note of the application of the Republic of Yemen for accession to WTO Agreement 
dated 14 April 2000, 
 Noting  the results of the negotiations directed toward the establishment of the terms of 
accession of the Republic of Yemen to the WTO Agre ement and having prepared a Protocol on the 
Accession of the Republic of Yemen, 
 Decides  as follows: 
1. The Republic of Yemen may accede to the WT O Agreement on the terms and conditions set 
out in the Protocol annexed to this Decision. 
 
_______________ 
   WT/ACC/SPEC/YEM/5/Rev.1 
Page 128  
 
  DRAFT PROTOCOL 
ON THE ACCESSION OF THE REPUBLIC OF YEMEN 
Preamble
 
 The World Trade Organization (hereinafter referr ed to as the "WTO"), pursuant to the approval 
of the General Council of the WTO accorded under Article XII of the Marrakesh Agreement 
Establishing the World Trade Organi zation (hereinafter referred to as the "WTO Agreement"), and the 
Republic of Yemen,  
 Taking note  of the Report of the Working Party on the Accession of the Republic of Yemen to 
the WTO Agreement reproduced in document WT/ACC/ YEM/.., dated ....... (hereinafter referred to as 
the "Working Party Report"), 
 Having regard  to the results of the negotiations on the accession of the Republic of Yemen to 
the WTO Agreement,  
 Agree  as follows: 
PART I - GENERAL 
1. Upon entry into force of this Prot ocol pursuant to paragraph 8, the Re public of Yemen accedes 
to the WTO Agreement pursuant to  Article XII of that Agreement and thereby becomes a Member of 
the WTO.  
2. The WTO Agreement to which the Republic of Yemen accedes shall be the WTO Agreement, 
including the Explanatory Notes to that Agreement, as  rectified, amended or ot herwise modified by such 
legal instruments as may have entered into force before the date of entry into force of this Protocol.  This 
Protocol, which shall include the commitments referred to in para graph [...] of the Working Party 
Report, shall be an integral part of the WTO Agreement. 
3. Except as otherwis e provided for in paragraph [...] of the Working Party Report, those 
obligations in the Multilateral Trade Agreements annexed to the WTO Agreement that are to be 
implemented over a period of time starting with the entry into force of that Agreement shall be 
implemented by the Republic of Yemen as if it had accepted that Agreement on the date of its entry into 
force. 
4. The Republic of Yemen may maintain a measure in consistent with paragra ph 1 of Article II of 
the GATS provided that such a measure was recorded in  the list of Article II Exemptions annexed to this 
Protocol and meets the conditions of the A nnex to the GATS on Article II Exemptions. 
PART II - SCHEDULES 
5. The Schedules reproduced in Annex I to th is Protocol shall become the Schedule of 
Concessions and Commitm ents annexed to the General Agr eement on Tariffs and Trade 1994 
(hereinafter referred to as the "GATT 1994") and the Schedule of Specific Co mmitments annexed to the 
General Agreement on Trade in Services (hereinafter referred to as "GATS") relating to the Republic of Yemen.  The staging of the concessions and commitmen ts listed in the Schedu les shall be implemented 
as specified in the relevant pa rts of the respective Schedules.  WT/ACC/SPEC/YEM/5/Rev.1 
 Page 129 
 
 
  6. For the purpose of the reference in paragraph 6(a)  of Article II of the GATT 1994 to the date of 
that Agreement, the applicable date in respect of the Schedules of Conc essions and Commitments 
annexed to this Protocol shall be the date  of entry into force of this Protocol. 
PART III - FINAL PROVISIONS 
7. This Protocol shall be open for acceptance, by signature or otherwise, by the Republic of 
Yemen until .................. 
8. This Protocol shall enter into force on the thirtieth day following the day upon which it shall 
have been accepted by the Republic of Yemen.  
9. This Protocol shall be deposited with the Director-General of the WTO.  The Director-General 
of the WTO shall promptly furnish a certified copy of this Protocol and a notification of acceptance by 
the Republic of Yemen thereto pursuant to paragr aph 9 to each Member of the WTO and to the 
Republic of Yemen.   
 This Protocol shall be register ed in accordance with the provisi ons of Article 102 of the Charter 
of the United Nations.   
 Done at Geneva this [.......] day of [........................................] in a single copy in the English, 
French and Spanish languages, each text being authentic, except that a Schedule annexed hereto may specify that it is authentic in only one of these languages. 
_______________ WT/ACC/SPEC/YEM/5/Rev.1 
Page 130  
 
  ANNEX I 
SCHEDULE ... - THE REPUBLIC OF YEMEN 
Authentic only in the English language. 
(Circulated in document WT/ACC/YEM/../Add.1) 
_______________ 
SCHEDULE OF SPECIFIC COMMITMENTS ON SERVICES 
LIST OF ARTICLE II EXEMPTIONS 
Authentic only in the English language. 
(Circulated in document WT/ACC/YEM/../Add.2)] 
 
__________