WORLD TRADE  
ORGANIZATION  RESTRICTED 
WT/ACC/AFG/7 
28 October 2011 
 (11-5465) 
Working Party on the Accession of  
the Islamic Republic of Afghanistan Original:   English 
 
 
 
ACCESSION OF AFGHANISTAN 
 
Additional Questions and Replies 
  
 The following submission, dated 18 October 2011, is being circulated at the request of the 
Delegation of the Islamic Republic of Afghanistan.   
_______________ 
 
   WT/ACC/AFG/7 
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  TABLE OF CONTENTS 
II.  ECONOMY, ECONOMIC POLICI ES AND FOREIG N TRADE .............................................. 1  
1.  Economy ....................................................................................................................... ..................... 1  
(a)  General desc ription ........................................................................................................... ............... 1  
(b)  Current economic situation .................................................................................................... ......... 1 
2.  Economic Policies ............................................................................................................. ................ 2  
(a)  Main directions of the on going economic policies ......................................................................... 2  
(b)  Monetary and Fiscal Policies .................................................................................................. ......... 4 
(d)  Foreign and domestic investment policies ......................................................................................  4 
III.  FRAMEWORK FOR MAKING AND ENFORCING POLICIES AFFECTING 
FOREIGN TRADE IN GOODS AN D TRADE IN SERVICES................................................... 9  
1.  Powers of executive, legislative and judicial branches of government ........................................ 9  
4.  Legislative programmes or plans to change the regulatory regime ............................................. 9  
IV.  POLICIES AFFECTING TRADE IN GOODS .......................................................................... 10  
1.  Import Regulations ............................................................................................................ ............ 10  
(a)  Registration requirements for engaging in importing ................................................................ 10  
(d)  Other duties and charges, and fees a nd charges for services rendered ..................................... 13  
(e)  Quantitative import restrictions, in cluding prohibitio ns and quotas ........................................ 14  
(f)  Import Licensing procedures ................................................................................................... ..... 15 
(h)  Customs Va luation ............................................................................................................. ............ 19  
(k)  Application of internal  taxes on imports ......................................................................................  21 
(l)  Rules of Origin ............................................................................................................... ................. 22  
2.  Export Regulation ............................................................................................................. ............. 23  
(a)  Registration requirements for engaging in importing ................................................................ 23  
(b)  Customs tariff nomenclature, ty pes of duties, duty rates, weighted average of rates .............. 23  
(d)  Export licensing procedures ................................................................................................... ....... 23 
(f)  Export financing, subsidy and promotion policies ...................................................................... 25  
3.  Internal policies affectin g foreign trade in goods ........................................................................ 25  
(a)  Industrial Policy, including  export subsidies ............................................................................... 2 5 
(b)  Technical regulation s and sta ndards ........................................................................................... . 26 
(c)  Sanitary and phytosa nitary measures .......................................................................................... 29 
(m)  Trade in Transit .............................................................................................................. ............... 36  
4.   Policies affecting foreign trade in agricultural products ............................................................ 39  
V.  TRADE-RELATED INTELLECTUAL PROPERTY REGIME .............................................. 39  
1.  General ....................................................................................................................... ..................... 39  
(e)  Fees and Taxes ................................................................................................................ ................ 40  
2.  Substantive standards of protection, includi ng procedures for the acquisition and 
maintenance of intellect ual property rights ................................................................................. 4 1 
(a)  Copyright and rel ated rights .................................................................................................. ....... 41 
(b)  Trademarks, including service marks .......................................................................................... 69 
(e)  Patents ....................................................................................................................... ...................... 70  
(i)  Any other categories of intellectual property .............................................................................. 71  
VI.  TRADE-RELATED SERVI CES REGIME ................................................................................. 71  
VII.  TRANSPARENCY .................................................................................................................. ....... 72  WT/ACC/AFG/7 
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 II. ECONOMY, ECONOMIC POLICIES AND FOREIGN TRADE 
1. Economy (a) General description Question 1 With respect to Question 3 of document WT/ACC/AFG/5:  Could Afghanistan provide us with 
information about the 2010 pilot census and its results? 
Answer: 
The pilot census did not take place in 2010 due to the security situation.  The Central Statistics Office 
(CSO) estimated in 2011 the population of Afghanistan to be 26 million. 
In cooperation with the United Nations Populati on Fund (UNFPA), the CSO launched a social and 
demographic survey in Bamyan Province in Septembe r 2011.  This survey will also be conducted in 
all other provinces of Afghanistan star ting with the most secure ones.   It is expected to be completed 
by the end of 2012. 
(b) Current economic situation 
Question 2 
With respect to Question 4 of document WT/A CC/AFG/5:  Afghanistan informed that the 
Ministry of Finance intends to further reform tax legislation by replacing the current income 
tax law with the four new laws.  Could Afghanis tan provide information on the time frame for 
the reform of the income tax law? 
Answer: 
The first drafts of the following four Laws are being finalized by the Ministry of Finance: - Law "On Tax Administration"; 
- Law "On Value-Added-Tax"; - Law "On Income Tax"; and - Law "On Business Receipt Tax". 
These four Laws are expected to be put  through the legislative process in 2012. 
Question 3 With respect to Question 5 of document WT/A CC/AFG/5:  Could Afghanistan explain how in 
practice the Afghanistan Central Business Re gistry (ACBR) and the Afghan Chamber of 
Commerce and Industries (ACC I) are working together? 
Answer: 
ACCI does not have any regulatory role related to th e registration of businesses.  There is no direct or 
indirect working relationship between ACBR and ACCI.   WT/ACC/AFG/7 
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 Question 4 
In document WT/ACC/AFG/4:  A Member notes "Afghanistan was accepted as a beneficiary 
country to the Enhanced Integrated Framew ork (EIF) process in January 2008 by the EIF 
Board" and that Afghanistan was "still waiting for the EIF Board to assist with the establishment of the National Implementing  Unit in order to start the process".  
Could Afghanistan please provide an update on progress in establishing the National 
Implementing Unit? 
Answer:  
The National Implementing Unit has been establishe d at the Ministry of Commerce and Industries 
(MOCI) and staffed with two persons.  A Nationa l Steering Committee will be established soon.  
Relevant ministries are currently working on nomi nating focal points to serve as members of the 
National Steering Committee.  
2. Economic Policies 
(a) Main directions of the on-going economic policies Question 5 
In regard to Question 10 of document WT/ACC/AFG/5:  Afghanistan indicated specific 
measures it had undertaken to reduce the cost of doing business and to improve the business environment.  It also indicated plans to intro duce "new modern institutions and liberal business 
laws".  Could Afghanistan comment on the impa ct of these measures and its further plans to 
enhance investment climate? 
Answer:  
During the last three years, the economic indicat ors of Afghanistan have improved as a result of 
reforms to the business environment: 
- FDI increased by around US$80 million and US$ 190 million in 2009 and 2010 respectively; 
- Foreign trade increased by 26  per cent in 2008-2009; and - Output increased by 22.5 per cent in 2009-2010. 
Over 4,500 new businesses were registered in Afghanistan in 2010. 
Afghanistan's future plans to enhance the busin ess environment fall largely within the realm of 
adopting laws and establishing relevant institu tions to comply with the WTO agreements. 
A first draft of legislative action plan for WTO c onformity for the period 2011-2012 is available in 
document WT/ACC/AFG/9.  In addition, Afghanistan in tends to establish institutions to comply with 
various WTO agreements including SPS and TBT enquiry and notification points as well as 
administrative appeal processes as stipulated in WTO Agreements.  WT/ACC/AFG/7 
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 Question 6 
In document WT/ACC/AFG/4, it states the "A fghan Government remains committed to the 
effective privatisation of all state owned enterp rises (SOEs) by March 2010.  Could Afghanistan 
please provide an update as to the progress of this privatization process? 
Answer: 
The Government of Afghanistan considers the priv ate sector as the engine of economic growth and 
the key to Afghanistan's long-term development a nd poverty reduction.  Furthermore the Government 
is committed to expanding the private sector through the efficient and rapid transfer of State-owned 
assets into private ownership.  Such transfers shall ta ke place in an open, fair, and transparent manner 
with the objectives of maximizing sales revenues, employment generation, increased investments and 
technological development.  The security situation has made it difficult to di spose of State assets.  
As such, the privatization process will ta ke longer than originally planned. 
The Ministry of Finance, in cooperation with Line Ministries, was able nonetheless to make the 
following progress on the privatization and corporatization of SOEs:  
Liquidation (five sold to the private sector) 21 
Conversion to Budgetary Units 03 
Corporation (State-owned) 03 
Long term lease to the private sector 04 
Total SOEs: 64 
 
Some of the 33 remaining SOEs may not be viable and may need to be liquidated after an in-depth 
assessment is completed. 
Question 7 
In document WT/ACC/AFG/4, it states "pr ograms to reduce unnecessary trade related 
transaction costs will continue to be pursued vigorously as a means to facilitate trade".  
Could Afghanistan please provide examples of programs being pursued to reduce unnecessary 
trade-related transaction costs, such as trade facilitation measures? 
Answer:  
The following are recent measures aimed at facilitating trade: 
- Export authorization at the Ministry of the Commerce and Industry, which was required for 
all goods, have been eliminated. 
- The Export Promotion Agency of Afghanistan is  no longer in charge of issuing certificate of 
origin.  Such authority remains only with the Afghan Chamber of Commerce and Industry. 
- In 2011, Afghanistan established a One Stop Shop (OSS) for export where all required 
documents for export will be issued.  The OSS is expected to reduce the time period for processing export documents from 5-7 days to one day.  The OSS also eliminates the 
imposition of informal fees. 
- Effort is undergoing at Afghan Customs Depart ment to streamline customs procedures and 
reduce unnecessary steps for import and export processing. 
- A Draft Border Management Model has been developed with the aim of reducing the number 
of agencies at the border and unnecessary inspections. WT/ACC/AFG/7 
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 (b) Monetary and Fiscal Policies 
Question 8 With respect to Question 15 of document WT/ACC/AFG/5: Could Afghanistan provide 
information if its tax system allows the collectio n and exchange of information for tax purposes 
according to the internationally agreed standard of transparency and exchange of information? 
Answer: 
Afghanistan's tax system is not set up to allow th e collection and exchange of information for tax 
purposes according to the internatio nally agreed standard of tr ansparency and exchange of 
information. 
(d) Foreign and domestic investment policies 
Question 9 
With respect to the Law "On Private Investment ", could Afghanistan provide more information 
about the conditions under which foreign invest ors can obtain investment licenses from the 
Afghanistan Investment Support Agency (AISA) and in particular describe the provisions of 
"relevant Regulations, Rules and Procedures" me ntioned in Article 11, paragraph 1 of the Law 
"On Private Investment"? 
Answer:  
In reference to the Law "On Private Investment" of Afghanistan, there is no discrimination between 
domestic and foreign investments. 
The terms and conditions for investment application are as follows: 1. The investor or an authorized representative of  the investor should personally visit the AISA 
office to complete the process of obtaining investment licence. 
2. National Identity card, passport or any other offi cial document(s) that certify the legal identity 
of the applicant. Foreign Company should certif y their legal identity through Ministry of 
Foreign Affairs in Kabul, Afghanistan. A passpor t is acceptable for verification of foreign 
citizen's identity. 
3. The investor must have a specific work address.  Postal address (PO Box) is not acceptable.  
Work address should be that stated in the rental agreement or relevant document(s) for the purpose of verification. 
4. AISA will provide the Tax Identification form to be filled by the investor and will be 
responsible to acquire the Tax Number for th e investor from the Ministry of Finance. 
5. Activities and operations of the investor should be stated clearly. Moreover, the investor 
should carry details regarding the amount/quantit y of investment, number of workers for the 
organization and names of top leve l officials of the organization. 
6. The applicant should take care that the commercia l name/title is not already in use.  Although, 
licence will be issued after proper considerati on given to the business name, the investor will 
be directly responsible for using a commercial name. 
7. The organizations' legal entity will be b ased on the structure of business e.g. sole 
proprietorship, partnership, cor poration, Limited Corporation, or  foreign company.  Relevant 
documents should be attached to the application to prove this.  WT/ACC/AFG/7 
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 8. For public information, summary of the informa tion given in the investment application form 
will be published in one of the newspapers in Kabul city or the city in which the company 
may operate. 
9. The applicant is expected to provide all corr ect information in the application form. Since 
incorrect information will prevent the appli cant to acquire licence. Furthermore, if 
incorrectness of the provided information is prove d after the issuance of licence, the investors' 
licence will be immediately terminated and the right of investment will be lost. All information that will be required includi ng information concerning Govt. tax payments, 
bank loans and ability of paying for losses shall be  based on courts decisions or within legal 
forum. 
10. In accordance with "Law on Private Investment in Afghanistan" the investor (a Registered 
Enterprise) must immediately notify AISA if th ere has been a change in its ownership or 
capital structure, or if an investor contributes additional capital to its investment. 
11. When the company is actually starting its business in the country, it should immediately 
inform AISA. 
The annual licensing and renewal fees are as follows: 
1. For Production and Services:  The licensing fees for investment in production and services 
sectors (except construction and security - see be low) are provided in the Table below.  
The annual renewal fee is 25 per cent of the in itial fee.  The licence fee for agriculture 
production or processing is 25 per cent of fee charged for other production and services. 
Amount of Initial Capital Classification Licensing Fee 
US$5,000  to US$10,000 Small Size Business US$100  
US$10,001 to US$1,000,000 Medium size Business  US$700  
US$1,000,001 or more  Large size Business  US$1,000  
 
2. Construction Services:  The licensing fees for construction Companies are provided in the 
Table below.  The annual renewal fee is  50 per cent of the initial licence fee. 
Amount of Initial Capital Classification Licensing Fee 
US$200,001 to US$1,000,000 Medium size Business  US$700 
US$1,000,001 or more  Large size Business  US$1,000  
 
3. Security companies:  The licensing fee is US$5, 000.  The annual renewal is 100 per cent of 
initial licensing fee. 
In addition, the following fees are charged for Investment licence issued by AISA: 
- US$10 fee is charged for a certified copy of the Investment Licence; and 
- Around US$32 is charged for Afghan advertisements  and for Official Gazette of Ministry of 
Justice.  WT/ACC/AFG/7 
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 Question 10 
With respect to the Law "On Private Investment ", could Afghanistan explain what are the 
grounds on which approval could be denied to foreign investors? 
Answer:  
Approval could be denied if: 
1. The application for investment licence is incomp lete and the informati on contained herein is 
inaccurate; 
2. The investment is not made through a registered enterprise in Afghanistan; and 
3. The investment is intended to be in prohibited sectors: 
 - development of nuclear power; 
 - establishment of casinos, gambling and similar establishments; and 
- production of narcotics and any other intoxicants. 
Question 11 
According to the Law "On Private Investment",  the High Commission on investment has the 
right to amend the list of areas where investment s may be prohibited, restricted or subject to 
special terms.  Has the High Commission already used this right, and if so, could Afghanistan 
provide more details? 
Answer: 
The High Commission on Investment has used this right once to eliminate restrictions on non-bank 
financial services.   The Microfinance Investment Support Facility for Afghanistan provides small loans to microenterprises. 
Question 12 Could Afghanistan provide us with information if  national labour laws, the fundamental rights 
at work as embodied by the eight core ILO Conventions and the ILO's 2008 Declaration on Social Justice for a Fair Globalisation also appl y in free zones and free economic zones?  If not, 
why not? 
Answer: 
There are currently no free zones or free economic zones in Afghanistan and no legal framework 
governing the activities of such zones.  The nati onal laws of Afghanistan apply nonetheless on the 
whole territory of Afghanistan.   
Law No. 790 "On Labour" dated 4 Febr uary 2007 currently reflects most provisions of the eight core 
ILO Conventions and the ILO's 2008 Declaration on So cial Justice for a Fair Globalisation.   
Afghanistan intends to amend its 2007 Labour Law to fully reflect all key provisions of all 
ILO conventions which have been ratified by Afghanistan as well as the ILO 2008 Declaration on 
Social Justice for a Fair Globalisation.  WT/ACC/AFG/7 
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 Question 13 
Could Afghanistan clarify, what measures, if any,  does it take to ensure that goods destined for 
export are produced in full respect of the fundament al rights at work as embodied by the eight 
Core ILO Conventions and the ILO's 2008 Decl aration on Social Justice for a Fair 
Globalisation? 
Answer: 
Afghanistan has incorporated in its Labour La w most key provisions of these conventions and 
established a Labour Inspection Directorate at the Mi nistry of Labour to ensure adherence to the 
Labour Law.  The Labour Law of Afghanistan app lies equally on all producers regardless of whether 
or not they export. 
Question 14 What is Afghanistan doing to help its produ cers:  a) produce goods which are environmental 
and socially sustainable;  b) access niche ma rkets overseas through adherence to voluntary 
sustainability standards (for example, Fair Trade, UTZ Certified, Global G.A.P.)? 
Answer:  
The Ministry of Commerce and Industries (MOCI) is  currently finalizing an Industrial Policy which 
lays out Sector Action Plans (SAP).  These plans st ress the need to encourage experienced investors - 
foreign and national - who would provide best pr actices in producing goods which are environmental 
and socially sustainable.   An example is the recently signed venture by two European investors who 
now have 25 year lease for four units in the Hera t Textile Mill.  These investors will be installing a 
waste water facility to allow them to process cashme re in accordance with European environmental 
standards.  This is a sector with great potentia l for generating long-term employment opportunities. 
The SAP identify niche markets such as Fair Tr ade as an important area for Afghanistan.  
For example, one of the actions in the Agri-Business SAP is the following: 
"Target organic and fair trade markets more vigorously, linking this to the umbrella brand 
established for Afghan agricultural products." 
As another example, one of the actions in the Cashmere SAP is the following: 
"Develop a strategy for expanding  into niche markets such as: 
 - "Fair Trade" 
 - Handmade by Afghan women 
 - Ecological Fibres (no chemical dyes used) 
 It is envisaged that the strategy will take  into account involving private sector actors in 
neighbouring countries and forging partnerships  with emerging groups such as Fabindia and 
Fair Trade forums." 
In addition, the World Bank's New Market Developm ent project provides a grant facility which aims 
to support the expansion of 750 Afghan businesses.  MOCI agreed to hire an Environmental and 
Social Standards expert to ensure that all activities undertaken under this project are in line with best 
practices for environmental and social safety. WT/ACC/AFG/7 
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 Further, the Ministry of Agriculture, Irrigation, and Livestock (MAIL) has been working toward 
establishing a framework for Afghan GAP and building capacity of farmers.  MAIL will be expanding 
this effort during the next 3-5 years with the aim of achieving full adherence to Global GAP and 
instituting appropriate certification mechanisms. 
Last, Afghanistan has been assisting its producers through holding of Trade Fairs in different 
countries like India, Iran, Dubai, Tajikistan, Un ited Kingdom, and USA in order to identify regional 
and international markets for selling Afghan products. 
Question 15 
We are pleased to note that Afghanistan has rati fied five of the eight core ILO Conventions and 
one of the priority Conventions.  Would Afghanis tan please indicate its intentions in relation to 
the ratification of the following core and priority  ILO Conventions which it has not yet ratified: 
No. 29 On Forced Labour, No. 81 On Labour Law, No. 87 On Freedom of Association, No. 98 of 
Collective Bargaining", No. 122 On Employment Policy and No. 129 On Labour Inspection (Agriculture). 
Answer: 
Afghanistan intends to ratify the following: 
- No. 29 on Forced Labour; 
- No. 81 on Labour Law; - No. 87 on Freedom of Association; and  - No. 129 on Labour Inspection (Agriculture). 
Afghanistan is evaluating the need to ratify the following two ILO Conventions: 
- No. 98 on Collective Bargaining; and 
- No. 122 on Employment Policy. 
Question 16 
How does Afghanistan ensure that its labour  and environmental laws are respected by 
enterprises established in or operating in Afghanistan? 
Answer : 
The Directorate of Labour Inspection under the Ministry  of Labour supervises to ensure conformity 
with labour law and standards. Violators may be prosecuted. 
The Directorate of Environment Inspection under NEPA supervises to ensure compliance with the 
National Environment Protection Law No. 912 of 25 January 20117.  Article 67 of the Environment 
Protection Law clearly states the responsibility of this Directorate.  The Environment Protection 
Regulation No. 939 of 10 March 2008 provides for sp ecific criminal charges which range from US$8 
to US$4,000 and imprisonment of 3-6 months for violators.  WT/ACC/AFG/7 
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 III. FRAMEWORK FOR MAKING AND ENFORCING POLICIES AFFECTING 
FOREIGN TRADE IN GOODS AND TRADE IN SERVICES 
1. Powers of executive, legislative and judicial branches of government Question 17  
The response to Question 32 of document WT/ACC/AFG/5 states that Afghanistan will have a 
Legislative Action Plan developed by July 2010.  If this is the case, could Afghanistan indicate 
the status of that document now, and when it might be circulated to the Working Party? 
Answer:  
The Legislative Action Plan for conformity w ith WTO Agreements for the period 2011-2012 is 
available in document WT/ACC/AFG/9. 
4. Legislative programmes or plans to change the regulatory regime Question 18 We believe that it would be useful for Afghanistan to produce the following additional 
documentation: 
- Responses to the SPS and TBT checklists (WT/ACC/8) based on Afghanistan's new 
legislation, in order to assist delegations in their review; 
- A revised Licensing Questionnaire as promised in responses in WT/ACC/AFG/5; 
- Information on its current and future TRI PS Agreement compliance using the format of 
WT/ACC/9 to indicate where its legisl ation implements, or will implement, 
TRIPS Agreement provisions; and 
- A first draft of a Legislative Action Plan, recognizing that this document will evolve as 
the accession negotiations go forward. 
Answer: 
Information in the format of document WT/ACC/9 for conformity with the TRIPS Agreement is 
available in document WT/ACC/AFG/8.  The fo llowing drafts are available through document 
WT/ACC/7/Add.1: 
- Draft Amendments to the Law  "On Supporting the Rights of Inventors and Discoverers" of 
31 April 2009 (Patents Law); 
- Draft Amendments to the Law "On Trademarks Law "On Trade Marks Registration"" of 
1 September 2009; 
- Draft Amendments to the Law " On Supporting th e Right of Authors, Composers, Artists, and 
Researchers" of 26 July 2008 (Copyrights Law); 
- Draft Law "On Geographical Indications" (new); 
- Draft Law "On Industrial Designs" (new); and - Draft Amendments to the Civil Procedure Code of 22 August 1990. 
Information in the format of document WT/ACC/8 fo r SPS is being prepared.  It will be submitted to 
the WTO along with the following drafts before end of December 2011: WT/ACC/AFG/7 
Page 10  
 
 - Draft Law "On Plant Protection and Quarantine" (new Law); 
- Draft Law "On Animal Health and Veterinary" (new Law); and - Draft Law "On Food Safety" (new Law). 
Information in the format of document WT/ACC/8 for TBT is being prepared.  It will be submitted to 
the WTO along with the 2010 Afghan National Standard Law in December 2011. 
Annex 4 of document WT/ACC/1 "Information on Implementation and Administration of the 
Customs Valuation Agreement" is being revised.   It will be submitted to the WTO along with the 
Draft Amendments to the Customs Law in December 2011. 
Annex 3 of document WT/ACC/1 "Information on Im port Licensing Procedures" is being finalized 
for current licensing requirements.  It will be submitted to the WTO in October 2011. 
A draft of a Legislative Action Plan for period 2011-2012 is available in document WT/ACC/AFG/9. 
Question 19 
Afghanistan is encouraged to submit the Legislative Action Plan (LAP), information about 
agricultural domestic support, requested check list (on SPS/TBT/TRIPS) and initial market 
access offers on goods and servic es and to present translated copies to the WTO Members as 
soon as these are available. 
Answer:  
Please see the reply to Question 18 above regard ing the checklist on SPS, TBT, and TRIPS. 
Effort has been launched to prepare document WT /ACC/4 "Information to be Provided on Domestic 
Support and Export Subsidies in Agriculture".  It will be submitted to the WTO Secretariat during 
first half of 2012. 
Afghanistan has recently launched the process of building capacity of WTO negotiations team and 
private sector to start the preparation of market a ccess offers on goods and services.  Sectoral working 
groups are currently being established involving rele vant ministries, private sector, and academia.  
Effort toward preparation of ma rket access offers on goods and servi ces will be intensified in 2012. 
IV. POLICIES AFFECTING TRADE IN GOODS 
1. Import Regulations 
(a) Registration requirements for engaging in importing Question 20 The response to Question 49 of document WT/ACC/AFG/5 indicates that the fees charged for 
business registration and for business licenses are considerably higher for foreign applicants 
than for domestic ones.  This would appear to in dicate that the fee is not based on the cost of 
issuing the documents, but rather constitutes a form of business taxation.   
As an importer must have both the registration and the licence in order to simply to import, 
these fees constitute taxation of  the act of importat ion that is neither a tariff, an equally applied 
domestic tax, or a fee for services rendered and is thus inconsistent with WTO obligations 
contained in Articles III, VIII and XI.  WT/ACC/AFG/7 
 Page 11 
 
 
 Afghanistan should reform its fee structure for gran ting the right to import to ensure that the 
fees are related to the cost of the administrative service of issuing the required authorizations, and do not constitute a tax on importation. 
Answer: 
For registration of legal entities, the fee is the same for foreign and domestic applicants. 
As for fees related to business licensing, Afghanistan  will reform the current fee structure to ensure 
conformity with the Articles III and VIII of the GATT 1994.  These fees will be reflective of the approximate cost of services rendered. 
Note that in 2011, a minimum capital became requi red for obtaining business licenses.  The amount is 
US$1,000 for domestic traders and US$10,000 for foreign traders. 
Question 21 The response to Question 74 of document WT/ACC/AFG/5 indicates that the fees charged for 
an activity licence to import medical subs tances and equipment costs "a foreigner" over 
six times the amount charged to nationals of Afghanistan.  This would appear to indicate that the fee is not based on the cost of issuing the do cuments, but rather constitutes a form of specific 
taxation of the act of importing these products th at is neither a tariff nor a fee for service. 
These fees constitute taxation of the act of importat ion that is neither a tariff, an equally applied 
domestic tax, or a fee for services rendered and is thus inconsistent with WTO obligations 
contained in Articles III, VIII and XI.  Afghanis tan should reform its fee structure for granting 
the right to import medical substances and equipm ent to ensure that the fees are related to the 
cost of the administrative service of issuing th e required authorizations, and do not constitute a 
tax on importation.  Is this practice the same for other import activity licenses? 
Answer: 
Medicine and raw materials for producing medicine  can only be imported by  pharmacists, doctors, 
and companies that have at least one pharmacist or doctor on their staff. 
There are two import measures required by the Ministry of Public Health:  import licence and import 
permit.  To obtain import permit for pharmaceutical s and medical equipment, the importer must first 
obtain an import licence. 
An import licence is required from the Ministry of Public Health in accordance with Regulation 
No. 916 "On the Production, Importation of Medicine and Medical Equipment" of 24 February 2007.  
The import licence is valid for one year.  The licence fee for Afghan nationals is US$800 and foreigners US$5,000.  Licenses can be re newed automatically at no additional cost. 
An import permit from the Ministry of Public Health is required to import pharmaceuticals and 
medical equipment, cosmetics, and pharmacy tools.  The legal basis is the Regulation on Export and 
Import of Medicines and Tools of February 2007.  The fee for the import permit is 0.075 per cent of 
value of import consignment.  Th e import permit is issued for a specific quantity of goods to be 
imported under one or multiple sh ipments over a period of one year. WT/ACC/AFG/7 
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 Question 22 
The fixed tax is applied at a rate of 3 per cent on  the duty-paid value of imports.  This implies 
that there is a class of importers that do not re quire a business licence.  Please confirm that all 
persons of foreign nationality that have not in vested in Afghanistan are required to obtain a 
business licence (at a much higher rate of cost than  for domestic persons) in order to import, 
but there is a class of (presumably domestic) im porters who are not required to obtain the 
licence to import. 
Answer: 
There is no class of importers that do not require a business licence.  Any importer (domestic or 
foreign) can opt to obtain or not obtain a business licence.  Those importers who opt not to have a 
business licence are charged 3 per cent fixed tax (1 per cent higher than those with business licence). 
In other words, all persons including legal and na tural (domestic/foreign) pe rsons can import without 
business licence.  Those who don't have business licen ce they are charged 3 per cent tax instead of 
2 per cent for those who have a business licence.  
The following summarizes the rules of application of fixed tax: 
- Persons who import goods with busin ess licence are charged 2 per cent tax; 
- Persons who import goods without busi ness licence are charged 3 per cent tax; 
- Persons with investment licence (only) from AISA are charged 2 per cent tax when importing 
for own use and operations and 3 per cent tax when importing for commercial purpose; 
- Persons with investment licence from AISA  and a business licence from BLD are charged 
2 per cent tax when importing goods for own use/operations or commercial purpose; and 
- Natural persons importing goods for their own consumption without any licence are charged 
3 per cent tax. 
Question 23 
The response to Question 49 of document WT/ACC/AFG/5 indicates that the fees charged for 
business registration and for business licenses are considerably higher for foreign applicants 
than for domestic ones.  This would appear to in dicate that the fee is not based on the cost of 
issuing the documents, but rather constitutes a fo rm of business taxation.  As an importer must 
have both the registration and the licence in or der to simply to import, these fees constitute 
taxation of the act of importation that is neither a tariff, an equally applied domestic tax, or a 
fee for services rendered and is thus inconsistent with WTO obligations contained in Articles III, VIII and XI of the GATT 1994.  We  invite Afghanistan to reform its fee structure 
for granting the right to import to ensure th at the fees are related to the cost of the 
administrative service of issuing the required au thorizations, and do not constitute a tax on 
importation. 
Answer:  
Please see the reply to Question 20 above.  WT/ACC/AFG/7 
 Page 13 
 
 
 Question 24 
Could Afghanistan confirm that all persons of fo reign nationality that have not invested in 
Afghanistan are required to obtain a business licence  in order to import, but there is a class of 
(presumably domestic) importers who are not re quired to obtain the licence to import? 
Answer:  
Please see the reply to Question 22 above. 
Question 25 
In response to Question 53 of document WT /ACC/AFG/5, Afghanistan identified areas of 
importation and exportation which require special  authorization in addition to the business 
licence.  One of them is import/export permit from the Seeds Agency under the Ministry for 
Agriculture, Irrigation and Livestock (MAIL) to  import/export seeds (legal basis is the Law 
"On Seeds" of 6 December 2009).  Could Afghanistan clarify what if any authorization may also be required for fertilizers given that their distribution is strictly controlled? 
Answer: 
All chemical fertilizers (urea, potassium sulphate, potassium chloride, di ammonium phosphate etc.) 
can be imported to Afghanistan except ammonium n itrate.  This is not allowed because of security 
reasons as ammonium nitrate may be used in making bombs and Improvised Explosive Devices 
(IED). 
A quality certificate issued by country of origin is a mandatory requirement for the import of chemical 
fertilizers.  The General Directorate of Food S ecurity and Quality Control under MAIL carries out 
quality examination (mostly physical inspection) at the border and verifies the quality certificate 
issued by the country of origin.  The quality certificate is then stamped and goods are admitted.  
(d) Other duties and charges, and fees and charges for services rendered  
Question 26  
With respect to Question 60 of document WT/ACC/ AFG/5, since the fee for customs storage is 
levied as a percentage of the customs duty, shou ld we understand that goods that are imported 
duty free would not be charged for customs storag e?  The fees Afghanistan charges for customs 
storage are based on a percentage of the custom s duty applied to the products and not to the 
actual cost of the services rendered as required  by Article VIII of the GATT 1994.  How does 
Afghanistan intend to revise these fees to meet the requirements of Article VIII of the GATT 1994?  
Answer:  
For storage fees of goods which are imported duty free,  the rate - before exemption or the previously 
applied rate of duty - is used for the purpose of computing the storage fees. 
Afghanistan recognizes that the current fee structure for storage is WTO inconsistent. A new structure 
will be in place prior to WTO accession which will be  based on fixed fee per cubic meter.  The new 
structure will be in conformity with Article VIII of the GATT 1994. WT/ACC/AFG/7 
Page 14  
 
 Question 27 
Concerning the Tax Benefiting the Afghan Red Crescent Agency:  Is the rate of application 
2 per cent of the value of the imports, or 2 pe r cent of the value of the customs duty?  Please 
confirm that this tax is applied at the time of importation and in addition to any customs tariff. 
We would consider such a tax solely on imports as an "other duty or charge (ODC)", not as a 
tax levied as a border tax adjustment or a tariff.  We expect that Afghanistan will bind this 
ODC separately in its tariff schedule.  
Answer:  
Concerning the Tax Benefiting the Afghan Red Crescent Agency, the rate of application is 2 per cent 
of the value of the customs duty.  Afghanistan conf irms that this tax is applied at the time of 
importation and in addition to any customs tariff.  This tax applies on all imports except food items.  
We agree to classify this as ODC and will consid er binding it in tariff schedule during market access 
negotiations.  
(e) Quantitative import restrictions, including prohibitions and quotas 
Question 28 
The response to Question 64 of document WT/ACC/AFG/5 discusses Afghanistan's ban on 
cottonseed from all countries based on historic  evidence of disease in a few countries.  
This approach to phytosanitary security is no t consistent with the principles of the WTO 
SPS Agreement.  Please outline the steps Afghanista n is taking to address this issue and how it 
intends to implement a WTO compliant system of risk management in sanitary and phytosanitary matters? 
Answer:  
A draft law on plant protection and quarantine is bei ng finalized.  The draft is consistent with the 
principles of the WTO SPS Agreement.   After the adoption and implementation of the plant 
protection and quarantine law then further scien tific research based on risk assessment will be 
conducted to determine if the disease still exists.  D ecision will then be taken in this regard in line 
with the WTO SPS Agreement.  
Question 29 
Concerning the response to Question 67 of docu ment WT/ACC/AFG/5, Afghanistan notes that 
it prohibits the importation of table salt, po wdered salt, gypsum, anhydride, and plasters 
"to support local producers."  These import prohib itions appear to be a violation of Article XI 
of the GATT 1994 and appear not to be justif ied under Article XX of the GATT 1994.  If such 
protection is necessary, we suggest that Af ghanistan seek other WTO compliant ways to 
monitor or regulate the importatio n of these products, e.g., tariffs. 
Answer: 
In August 2011, import prohibitions were eliminated  on table salt, powdered salt, gypsum, anhydride, 
and plasters. 
  WT/ACC/AFG/7 
 Page 15 
 
 
 (f) Import Licensing procedures 
Question 30 The response to Question 53 of document WT/ACC/AFG/5 indicates that, activity licenses are 
necessary for the importation of pharmaceuticals , medical equipment and cosmetics; veterinary 
drugs and equipment; pesticides and agroc hemicals; seeds; and armored vehicles and 
armaments. 
- What fees are charged for these permissions to engage in trade in certain kinds of trade?  
Are the fees different for forei gn and domestic entities? 
- How long are these activity licenses good for? - Are any further import permits necessary once the activity licence has been obtained? 
Answer: 
The following Table summarizes import licenses/pe rmits/approvals applied on certain imports. 
No other licenses/permits (or similar measures) are necessary to import the products listed under 
Table 1. 
Table 1:  Import Licensing Measures on Import and related Fees 
Product Import Measure Fee in US$ Validity 
Pharmaceuticals, 
medical equipment and 
cosmetics, and pharmacy tools Permit from the Ministry 
of Public Health 0.075% of total cost of 
medicine. It is the same for 
both domestic and foreign persons One year; multiple 
import transactions 
for a specific quantity of goods 
Medicine and Medical 
Equipment License from the Ministry 
of Public Health Fee for Afghan nationals is 
US$800 and foreigners 
US$5,000. One year; multiple 
import transactions; 
can be renewed at no fee  
Veterinary medical 
instruments and 
veterinary drugs and biological materials  Permit from the General 
Directorate of Animal 
Health under MAIL  No fee  One year; multiple 
import transactions 
Pesticides and agrochemicals  Permit from the 
Directorate for Plant 
Quarantine under MAIL  No fee  One year; multiple 
import transactions 
for a specific quantity of goods 
Seeds  Permit from the Seeds 
Agency under MAIL  No fee  One year; single 
import transaction 
Printed books, 
brochures, leaflets, and 
other printed matters  Import approval from the 
Ministry of Information 
and Culture  No fee  One year;  single 
import transaction 
Films  Import approval from 
MOIC Importation of Pakistani, 
Indian and USA movies (around US$50); 
other countries (around 
US$30) One year; single 
import transaction WT/ACC/AFG/7 
Page 16  
 
 Product Import Measure Fee in US$ Validity 
Telecommunications 
equipment Import permit or import 
licence from the Ministry 
of Communications and Information Technology  For import permit with no 
import licence: 
 > Under US$10,000, the 
fee is US$40  
 > From US$ 10,001 to 
$100,000, the fee is 
US$100  
 > From US$100,001 to 
US$1,000,000, the fee is  
US$300  
 > Above $1,000,000, the 
fee is US$500 
 
For import licence: US$2,220 annually  One year; permit is 
for single import 
transaction; licence for multiple import 
transactions 
Armoured vehicles Import Permit from the 
Ministry of Interior  No fee  One year; single 
import transaction 
Arms, ammunitions, 
military equipment Import Permit from the 
Ministry of Interior and the Ministry of Defence No fee  One year; single 
import transaction 
Precursors and narcotic 
chemicals Import Licence from the 
Ministry of Counter-
Narcotics No fee  6 months; single 
import transaction 
Endangered species   Import permit from the 
National Environmental 
Protection Agency of 
Afghanistan 
 
Currently, the export and import is prohibited No fee 30-45 days (single 
import transaction) 
Ozone Protection (see 
Table 2 below) Import permit from the 
National Environmental 
Protection Agency of Afghanistan No fee One year; single 
import transaction 
 
Table 2:  Goods Requiring Import Permit from National Environmental Protection Agency of 
Afghanistan (NEPA) 
No. HS Code Chemical Name Formula Trade Name 
1. 2903.4100 Trichlorofluormethane CCL3F R-11 
2. 2903.4200 Dichlorodifluoromethane CC12F2 R-12 
3. 2903.4300 Trichlorotrifluoroethane C2Cl3F3 R-113 
4. 2903.4400 Dichlorotetrafluoroethane C2Cl2F4 R-114 
5. 2903.4400 Chloropentafluorethane C2ClF5 R-115 
6. 2903.4600 Bromochlorodifluoromethane  CBRClF2 . 
7. 2903.4600 Bromotrifluoromethane CBRF3 . 
8. 2903.4600 Dibromotetrafluoroethane  C2BR2F4 . 
9. 2903.4510 Chlorotrifluoreomethane  CClF3 R-13 
10. 2903.4520 Pentachlorofluorethane C2Cl5F R-111 
11. 2903.4520 Tetrachlorodifluoroethane  C2Cl4F2 R112 
12. 2903.4530 Heptachlorofluoropropane  C3Cl7F R-211 
13. 2903.4540 Hexachlorodifluoropropane  C3Cl6F2 R-212 
14. 2903.4540 Pentachlorotrifluoropropane C3Cl5F3 R-213 
15. 2903.4550 Tetrlchlorotetrafluoropropene  C3Cl4F4 R-214 
16. 2903.4550 Trichloropentafluoropropane C3Cl3F5 R-215  WT/ACC/AFG/7 
 Page 17 
 
 
 No. HS Code Chemical Name Formula Trade Name 
17. 2903.4560 Dichlorohexafluoropropane  C3Cl2F6 R-216 
18. 2903.4560 Chlorohptafluoropropane C3ClF7 R-217 
 
Certain Animal and plant products are required to be  registered to import and export at the Industrial 
Commercial Services Association for Animal and Plant Products under the Ministry of Commerce 
and Industries.  Fees are charged in accordance with Tables 3 to 6 below. 
Table 3:  Import Registration Fees - Animal Products 
No. Product Fee (in US$) Per Unit 
1. Lever 0.0004 Kg 
2. Chicken 0.0004 Ton 
3. Fish 0.0004 Kg 
4. Beef 0.0004 Ton 
5. Goat meat 0.0004 Kg 
6. Egg 0.02 Per 400 eggs 
7. Cows Leg 0.0004 Kg 
8. Wool 0.0004 Ton 
9. Ox/Cow 0.0004 Ton 
10. Diary 0.008 Ton 
 
Table 4:  Import Registration Fees - Plant Products 
No. Product Fee (in US$) Per Unit 
1. Beans 0.0008 Ton 
2. Peas 0.0008 Ton 
3. Dahl 0.0008 Ton 
4. Peanut 0.0008 Ton 
 
Table 5:  Export Registration Fees - Animal Products (US$/Kg) 
No. Product Fee (in US$) 
1. Buffalo Skin  0.03 
2. Cow Skin 0.03 
3. Sheep and Goat Skin 0.008  
4. Camel Skin 0.03 
5. Pickled and Wet Blue Skin of Sheep 0.015  
6. Pickled and WET Blue Skin of Cow  0.006 
7. Intestine of Sheep and Goat 0.006  
8. Bone meal and other industrial products 0.004 
9. Skin 0.002 
10. Wool 0.001 
11. Kork wool 0.01 
12. Silk 0.45 
13. Chicken and other poultry Meat 0.0008  
14. Life and Slaughtered Animals 0.001  
15. Other Animals, Dairy and Fat Products 0.001 
16. Buffalo Skin  0.03 
 WT/ACC/AFG/7 
Page 18  
 
 Table 6:  Export Registration Fees - Plant Products (fee is US$ 0.008/Kg) 
No. Product No. Product 
1. Licorice  26. Red and white Stipa capensis 
2. Types of cumin 27 Peanut 
3. Ferula assafoetida  28. Anise  
4. Ginseng 29. Walnut wood 
5. Qoza flower 30. Flea-wort 
6.. Mushroom 31. Panerak 
7. Black and Red Pepper 32. Borago Officinalis 
8. Pumpkin Seeds 33. Cotoneaster 
9. Watermelon and Melon Seeds  34. Glues 
10. Onion Seeds 35. Mugwort Seed 
11. Poppy seeds 36. Acetic acid 
12. Clover  Seeds 37. Sesame 
13. sunflower 38. Mustard Juneca Seeds 
14. Fig Seeds 39. Flower 
15. Coriander Seeds 40. Ginger 
16. Spinach seed 41. Baked beans 
17. Turnip Seeds 42. Tobacco 
18. Eryngo  43. Eager 
19. Flower zoqa 44. Henbane 
20. Peppermint 45. Burn flower 
21. Quince 46. Colchicum Steveni 
22. Pomegranate seeds 47. Niceface flower 
23. Saffron 48. Natural Gums  
24. Beans : Pea, Beans, Muggles, Vetch  49. Vegetables: potatoes, onion, garlic, etc. 
25. Cichorium intybus   
 
Question 31 
The response to Question 53 of document WT/ACC/AFG/5 indicates that, import licenses or 
permits must be obtained for importation of fl uorocarbons; films, printed books, brochures, 
etc.; telecommunication equipment; and precurs ors and narcotic chemicals.  What fees are 
charged for these import permits? 
Answer: 
Please see Table 1 in reply to Question 30 above.  
Question 32 
The response to Question 70 of document WT/ACC/AFG/5 indicates that Afghanistan is 
prepared to update Annex 3 of document WT/ACC /1 to better describe the scope and nature of 
Afghanistan's import licensing regime.  It was promised for 2010.  Is there a near term 
timeframe for its circulation to the Working Party? 
We suggest that Afghanistan provide this document for the next Working Party meeting, if at 
all possible. 
Answer: 
Annex 3 of document WT/ACC/1 w ill be provided in October 2011.  WT/ACC/AFG/7 
 Page 19 
 
 
 Question 33 
With respect to Question 74 of document WT/A CC/AFG/5: Activity licenses are necessary for 
the importation of pharmaceuticals, medical eq uipment and cosmetics; veterinary drugs and 
equipment; pesticides and agrochemicals; seed s; and armored vehicles and armaments. 
- What fees are charged for these permission s to engage in trade in certain sectors? 
- Are these fees different for foreign and domestic entities?  
- Are any further import permits necessary on ce the activity licence has been obtained? 
Answer:  
Please see reply to Question 30 above.  
(h) Customs Valuation 
Question 34 
We thank Afghanistan for the information contained in document WT/ACC/AFG/6, on the 
current status of its implementation and administ ration of the Customs Valuation Agreement.  
We look forward to receiving the texts of th e new legal acts on customs valuation that 
Afghanistan is preparing, e.g., the revised Cust oms Law and regulations that will deal with the 
current deficiencies.  We have a few comments on document WT/ACC/AFG/6 that we hope 
Afghanistan will find helpful in moving forward with that work. 
Answer: 
The draft amendments to the Customs Law and updated Annex 4 of document WT/ACC/1 will be 
provided in December 2011. 
Question 35 
Concerning Article 7 of the WTO Agreement on Customs Valuation (CVA), it is essential that 
the prohibitions found in Article 7.2 are fully reflected in law. 
Answer: 
An amendment is proposed to the Customs Law that will fully incorporate the prohibitions of 
Article 7.2 of the WTO Agreement on Customs Valuation.  
Question 36 Concerning Article 11:  The right of appeal provided for in Afghanistan's laws is useful, and 
covers much of the obligation that exists in Ar ticle 11.  However, the key provisions concerning 
the right of appeal "without penalty to a j udicial authority" and information provided on 
"any rights of further appeal" do not appear to be covered.  We urge Afghanistan to ensure 
that the right of appeal for issues involving customs valuation should be explicitly provided for 
as "without penalty" in the new legal acts; that appeal to a judicial authority is possible at any 
point in the appeals process; and that the custom s and other authorities involved in the appeals 
process have the legal responsibility to provide info rmation to the appellant on "any rights of 
further appeal."  In this regard, simply removing the existing limitations for rights of judicial 
appeal based on amount in dispute is not nearly enough to achieve the requested level of 
compliance. WT/ACC/AFG/7 
Page 20  
 
 Answer: 
Amendments are proposed to Article 18 and 20 of the Customs Law that will: 
- require the General Directorate of Customs or  the Customs Arbitration Administration, if a 
decision is made on appeal that is adverse to th e applicant, to notify the applicant in writing, 
give reasons for the decision, and advise the applicant of his rights of further review; 
- provide the applicant with the option to ap peal a decision by the General Directorate of 
Customs to either the Customs Arbitration Administration or a court of competent jurisdiction, as the applicant chooses; and 
- explicitly provide that there shall be no penalty or threat of penalty made against a person by 
reason of the fact that an appeal has been made. 
The draft amendments to the Customs Law and updated Annex 4 of document WT/ACC/1 will be 
provided in December 2011. 
Question 37 
Concerning the Customs Arbitration Panel, can Afghanistan provide more specific information 
speaking to the issue of whether this could be considered an "independent body" within the 
meaning of Article 11? 
Answer: 
The Customs Arbitration Panel (CAP) and its memb ers are independent of the customs authority, 
whose decisions it reviews.   
The CAP is established by the Regulation on Custom s Arbitration, which was issued under authority 
of Articles 19 and 22 of the Customs Law.   
Pursuant to Article 4 of the Regulation on Customs Arbitration, the CAP shall be comprised of three 
persons (a legal expert, an economist, and a customs and commercia l affairs expert).  Under Article 6 
of the Regulation, a CAP member cannot be empl oyed by other institutions (such as the customs 
administration) or business (other than scientific re search or teaching) or act as a defence lawyer.   
Each member is appointed for a fixed term of three years.  Candidates shall be proposed by the 
Minister of Finance, but shall be approved by the President (Article 4).  Similarly, a CAP member 
may be suspended for dereliction of duty or disclosure of secrets or confidential information, but that 
suspension shall be approved by the President, on a proposal of the Minister (Article 7).   
The salary and benefits shall be determined by  the Labour Law, although a supplemental monthly 
allowance or monetary aid can be approved by the Pr esident on request of the Minister (Article 17).   
Question 38 
Concerning Article 12 and 13:  Provision should be made without delay to ensure that 
"decisions and administrative rulings of general application" related to customs valuation are published in accordance with the Customs Va luation Agreement (CVA) and Article X of the 
GATT 1994.  Afghanistan's efforts to implemen t other aspects of th e CVA will be greatly 
assisted if a system for establishing guarantees and sureties is implemented without delay in 
Afghanistan's customs regime.  WT/ACC/AFG/7 
 Page 21 
 
 
 Please provide drafts for Working Party review of  the amendments to the Customs Law and to 
the Regulation on the Determination of Customs Value of 20 March 2006 as soon as they become available. 
Answer: 
An amendment is proposed to the Customs Law to add a new Article 12A which will require the 
customs authority to make promptly available administrative decisions or rulings of general 
application by such means as shall enable traders and other interested persons to become acquainted 
with them.   
The draft amendments to the Customs Law and updated Annex 4 of document WT/ACC/1 will be 
provided in December 2011. 
Draft amendments to the Regulation on the Dete rmination of Customs Va lue 20 March 2006 will be 
prepared after the adoption of the Amendments to the Customs Law. 
(k) Application of internal taxes on imports 
Question 39 The response to Question 9 includes a chart as follows: 
Table on Taxes on Imports 
Type Rate Note 
Tax benefiting 
Afghan Red 
Crescent Agency 2% of customs duty Applied on all imports except food items. 
Fixed Tax 2% of (customs duty + customs 
value) or  
3% of (customs duty + customs 
value) if no business licence Applied on all imports.  The 2% can be claimed 
as credit in the calculation of the person's 
annual income tax assessment. 
Business Receipt Tax (BRT) 2% of (customs duty + customs 
value)  Cannot be claimed as credit. 
 
Concerning the Business Receipts Tax: 
- Please clarify if the 2 per cent tax on Business  Receipts a tax on imported goods, or is it 
a tax on the income of business enterprises. 
Answer: 
The Business Receipts Tax applies on imported goods at the rate of 2 per cent.  The Business Receipts Tax also applies on legal persons: 
- 2 per cent for most businesses; 
- 5 per cent for restaurants, hotels, and we dding halls which has quarterly revenue of 
approximately US$15,000 or more; and 
- 10 per cent for airlines telecommunications and,  restaurants, and hotels providing superior 
services. WT/ACC/AFG/7 
Page 22  
 
 In addition, natural persons are subject to the Busi ness Receipts Tax at the same rate as legal persons 
if the quarterly gross revenue of natural pe rsons is approximately US$15,000 or higher. 
Please note a typo in previous communications:  The Fixed Tax cannot be claimed as credit.  
The Business Receipts Tax can be  claimed as credit in the calcula tion of the person's annual income 
tax assessment. 
Question 40 Concerning the Fixed Tax: - What is the "Fixed Tax?"  Is it a surrogate for customs tariffs, or is it a tax in addition 
to customs tariffs?  Please confirm that it is assessed at 3 per cent on import purchases by persons without a business licence and at 2 per cent on persons with a business 
licence. 
- At what point of sale is it applied? - We do not believe that the ability to claim the 2 per cent fixed tax can as a credit in the 
calculation of annual income tax assessment removes the element of discrimination in 
this tax.  The additional administrative efforts and possibility of loss of documentation 
make the application considerably "less favoura ble" than the situation that exists for 
domestic goods and therefore a violation of Article III of the GATT 1994.  The additional 1 per cent applied for persons without a business licence is also explicitly 
discriminatory.   
Please note that our comments on the Tax benefi ting Afghan Red Crescent Agency are found in 
the section on "Other Duties and Charges." 
Answer: 
- The Fixed Tax is in addition to customs tariffs. 
- The Fixed Tax is assessed at 3 per cent on import purchases by persons without a business 
licence and at 2 per cent by persons with a bus iness licence.  Please see additional details in 
the response to Question 22 on the rules of application of the Fixed Tax. 
- The Fixed Tax is collected at the time of importation. 
In the context of on-going tax reforms, Afghanist an will ensure compliance of its tax policy with 
Article III of the GATT 1994. 
(l) Rules of Origin 
Question 41 We look forward to reviewing the draft amendm ents to the Customs Law regarding authority 
to give an origin ruling on prospective imports prior to importation. 
Answer:  
The following amendments to the Customs Law concerning origin rulings on prospective imports are 
being finalized.  A copy of the draft will be provided to Working Party for review: 
- Article 3(51) (definition of a "binding decision"); 
- Article 12A (publication of decisions); 
- Article 13 (confidentiality);  WT/ACC/AFG/7 
 Page 23 
 
 
 - Article 17 (taking of decisions); 
- Article 17A (revocation and annulment of decisions); - Article 17B (binding decisions); and  - Article 18 (review of customs decisions).  
2. Export Regulation 
(a) Registration requirements for engaging in importing 
Question 42 An activity licence is necessary  for the exportation of seeds: 
- What fees are charged for this permission to engage in trade in seedskin?  Are the fees 
different for foreign and domestic entities? 
- How long is this activity licence good for?  
- Are any further export permits necessary once the activity licence has been obtained? 
Answer: 
An activity licence is not required for the exportation of seeds. 
An export permit is required for the export of seeds.  This is obtained from the Seeds Directorate 
under MAIL.  
The period of validity is one year and can be used  for only one export transaction.  No other export 
permits/licenses or similar measures are necessary in addition to the export permit.  There is no fee 
required for import/export of seeds. 
(b) Customs tariff nomenclature, types of duti es, duty rates, weighted average of rates 
Question 43 
Do Afghanistan's export duties include iron a nd steel waste and scrap?  Are there any plans to 
authorize any more such duties in the future? 
Answer: 
As per Council of Ministers Resolution No. 30 of  19 March 2011, Afghanistan currently charges 
5 per cent export duties on iron and steel waste a nd scrap.  At the moment, there is no plan to 
authorize any more such duties in the future.  
(d) Export licensing procedures 
Question 44 Export licenses or permits must be obtained for th e exportation of (a) animal products, such as 
hides, skins, and wools; karakul; carpets and rugs; handicrafts; and antiquities and (b) from the 
MoCI for all exports. 
- Why is an export licence from the MoCI re quired for all goods?  Is this licence granted 
in all cases? If not, what criteria are applied? WT/ACC/AFG/7 
Page 24  
 
 - Please indicate the criteria that must be met to secure an export licence for animal 
products, such as hides, skins, and wool s; karakul; carpets and rugs; handicrafts?  
Why is the export of these goods restricted? 
- What fees are charged for the export permits and the MoCI licenses?  
Answer: 
The business licence issued by MoCI grants the right to export.  An legal person or sole proprietor 
may apply for business licence. The business licen ce for export is granted in all cases.  
The requirements for obtaining a business licence ar e listed under points 3-5 of  Annex 3 of document 
WT/ACC/AFG/4 
The export authorization at MoCI was a formality.  Recently, MoCI eliminat ed the requirement for 
export authorization.  
To secure export authorization for animal products (skins wools, and intestines), the Vegetable and 
Animal Products Industrial Commercial Services Asso ciation conducts visual inspection of exported 
goods to ensure that they are in good condition/qua lity and are well packaged.  The objective are to 
collect export statistics and to ensure that Afghan exports are of high quality in order to maintain 
reputation for Afghan exports. 
The same criteria and objective apply for securing e xport authorization for carpets and rugs from the 
Carpet Exporter and Producers Guild and export au thorization for handicrafts from the Handicraft 
Promotion Centre. 
The purpose of export authorization from the Ministry of Minister for minerals is to ensure that 
producers paid royalty to the treasury. 
The fees, indicated in Table 7 below, are the same for domestic and foreign persons unless otherwise 
specified. 
Table 7:  Export Measures and related Fees 
Product Export Measure Fee 
All minerals Export Authorization from the Ministry of 
Mines No fee 
Karakul Export Authorization from Karakul 
Institute AF 5.5 per sheet 
Handicrafts Export Authorization from Handicraft 
Promotion Center 1% of the total value from invoice 
Carpets, rugs, and felts Export  Authorization from Carpet 
Exporter and Producers Guild AF 2 per square meter 
Skins, wools, and 
intestines Export Authorization from the Vegetable 
and Animal Products Industrial 
Commercial Services Association No fee 
Antiquities Export approval from the Ministry of 
Information and Culture For ancient items (over 100 years 
old), the fee is 5% of value of 
invoice; 
For other items, the fee is 1% of value of invoice 
Scrap metals Export Promotion Agency of Afghanistan No fee 
Printed books, brochures, 
leaflets, and other printed 
matters Export approval from the Ministry of 
Information and Culture No fee  WT/ACC/AFG/7 
 Page 25 
 
 
 Product Export Measure Fee 
Films  Export approval from the Ministry of 
Information and Culture No fee  
Seeds Export Permit from  the Seeds Directorate 
under MAIL No fee 
Pharmaceuticals and 
medical equipment, 
cosmetics, and pharmacy tools Export permit from the Ministry of Public 
Health  
 No fee 
 
ACCI certifies all export invoices and charges 0.1 per cent of value of expor ted goods.  In addition, 
ACCI issues Certificate of Origin for exports.  The COO fee is AF 50 (around US$1) for India and 
AF 300 (around US$6) for other countries.  
In 2011, a one-stop-shop for export was establishe d where many of these documents are currently 
being issued. 
(f) Export financing, subsidy and promotion policies 
Question 45 
With regard to the business receipts tax exemption provisions set forth under Article 65 of the 
2009 Income Tax Law (Official Gazette No. 976), Item 7 exempts income from export of goods and services.  This provision appears to be incons istent with the requirements of Article 3.1(a) 
of the Subsidies Agreement prohibiting subsid ies contingent upon export performance.  
Does Afghanistan contemplate making its tax la w more compliant with the Subsidies Agreement 
by eliminating this provision upon accession? 
Answer: 
The income from export of goods and services is not exempt from corporate income tax.  Export 
receipts however are exempt from the Business Receipt  Tax.  This is a common international practice 
where, for example, export receipts are VAT exempt or zero-rated.  
3. Internal policies affecting foreign trade in goods (a) Industrial Policy, including export subsidies Question 46 The Memorandum on the Foreign Trade Regime (WT/ACC/AFG/4) indicates that Afghanistan 
currently has no duty drawback mechanism.  However, the 2004 Customs Law (Official Gazette No. 847) at Article 104, Item (1), provides fo r a refund of import duties upon export, while 
Article 101, Item (2), prohibits drawback in excess of duties actually paid in accordance with the 
drawback system.  Please confirm or explain th e current status of the drawback provisions of 
the 2004 Customs Law.  If these Customs Law pr ovisions are in fact currently operational, 
please describe how the drawback amount is determined. WT/ACC/AFG/7 
Page 26  
 
 What system or procedure does Afghanistan have  in place to ensure that duty drawbacks upon 
export are not in excess of the import duties actually paid? 
Answer: 
Although the 2004 Customs Law contains duty draw back provisions, there is no duty drawback 
mechanism in place or implementing regulations.  In  other words, these provisions of the Customs 
Law are not currently operational.  When or if Afghanistan decides to operationalize duty drawback 
provisions, implementing regulations will be developed which will be consistent with the Law e.g. no 
duty drawback in excess of duties actually paid.  Afghanistan currently maintains records of duties 
paid at the time of importation.    
(b) Technical regulations and standards 
Question 47 
The response to Question 104 of document WT/ ACC/AFG/5 states that "Afghanistan relies on 
international standards for its TBT requirements.  Afghanistan is currently a correspondent 
member of ISO and affiliate member of IEC."  Please explain why Afghanistan does not use 
CODEX standards for these requirements?  Does Afghanistan plan to use CODEX standards in 
the future? 
Answer: 
Afghanistan has been a member of Codex Alimentarius since September 2005.   
ANSA Technical Committee for Food and Agricu ltural Products (ANSA TC-3), which includes 
representatives from the Ministry of Public Health and MAIL, has adopted the following Codex standards as voluntary standards: 
- CODEX STANDARD FOR WHEAT AND DURUM WHEAT CODEX STAN 19-1981 
(REV. 2-1999) 
- CODEX STANDARD FOR WHEAT FLOUR CODEX STAN (199-1995) - CODEX STANDARD FOR EDIBLE FATS AND OILS CODEX STAN 152 (REV. 1-1995) - CODEX STANDARD FOR RAISINS CODEX STAN 67-1981 
- CODEX STANDARD FOR BOTTLED WATER PACKAGED DRINKING WATER 
(OTHER THAN NATURAL MINERA L WATERS) CODEX STAN 227-2001 
Afghanistan plans to continue adopting CODEX st andard and reference them in SPS measures for 
ensuring food safety. 
Question 48 
In document WT/ACC/AFG/4, it states "the Afghan National Standardization Authority 
(ANSA)…developing technical regulations and standa rds on food safety, construction materials, 
petroleum and gas, medicines and metrology". We also note that Afghanistan has adopted three national standards on gasoline, diesel and kerosene.  We would be  interested in an update from 
Afghanistan as to how many technical regulations  and standards have been developed to date, 
particularly in the aforementioned categories  WT/ACC/AFG/7 
 Page 27 
 
 
 Answer: 
At the beginning of year 2011, the Supreme Council of Standard was established on the basis of the 
Afghan National Standard Law dated 19 September 2010.  The Council is presided over by 
H.E. Second Vice President of the Republic of Afgh anistan and is composed of the following ten 
members: 
- Minister of Commerce and Industry - As Deputy Chairman; 
- General Director of ANSA - As Member and Head of Secretariat; - Technical Deputy Director of ANSA - As Secretary; - Deputy Minister of Economy - As Member; - Deputy Minister of Finance  (Revenue  and Customs Affairs) - As Member; 
- Deputy Minister of Higher Education - As Member; 
- Deputy Minister of Public Health - As Member; - Planning and Administrative Deputy of ANSA -As Member; - Head of Chamber of Commerce - As Member; and - Head of Science Academy -As Member. 
Since the establishment of this Council, the following 51 standard s, developed by the following nine 
sectoral technical committees, have b een adopted as national standards: 
1. ANSA TC-3 (Food and Agricultural Products) T echnical Committee (5 national standards 
based on CODEX): 
- CODEX STANDARD FOR EDIBLE FATS AND OILS NOT COVERED BY 
INDIVIDUAL STANDARDS 
- CODEX STANDARD FOR WHEAT AND DRUM WHEAT 
- CODEX STANDARD FOR WHEAT FLOUR - CODEX STANDARD FOR RAISINS - CODEX STANDARD FOR MILK POWDERS AND CREAM POWDER 
 
2. ANSA TC-4 (Pharmaceuticals and Cosmetics) Technical Committee (5 national standards): 
- Shampoo specification  
- Liquid soap specification  - Soaps determination of chloride - Tooth paste specification  - Cosmetics products classification 
3. ANSA TC-5 (Construction Material) Technical Committee (two national standards): 
- Portland Cement Specifications 
- Empty Cement Blocks 
4. ANSA TC-6 (Petroleum Products) Technical Committee (19 national standards): 
- Standard Specification for Penetration-Gr aded Asphalt Cement for Use in Pavement 
Construction 
- Standard specification for road tar - specification for Liquefied Petroleum Gases - Standard Specifications for Jet Fuels - Standard Classification and specification for Automotive Service Greases  - Standard Test Methods for
 Cone Penetration of Lubricating Grease WT/ACC/AFG/7 
Page 28  
 
 - Standard Test Method for
 Dropping Point of Lubricating Grease 
- Standard Test Method for  Determining the Water Washout Characteristics of  Lubricating 
Greases 
- Standard Test Method for  Oil Separation from Lubricating Grease during Storage Greases 
- Standard Test Method for  Determining Corrosion Preventive Properties of Lubricating 
Greases 
- Standard Test Method for  Dropping Point of Lubricating Grease over Wide Temperature 
Range 
- Standard Test Method for  Wear Preventive Characteristics of Lubricating Grease 
(Four-Ball Method) 
- Standard Test Method for  Measurement of Extreme-Pressure Properties of Lubricating 
Grease (Four-Ball Method) 
- Standard Practice for  Utilization of Test Data to Determine Conformance with  
Specifications 
- Standard Test Method for  Life Performance of Automotive Wheel Bearing Grease 
- Standard Test Method for  Elastomer Compatibility of Lubricating Greases and Fluids 
- Standard Test Method for fretting wear protection by lubricating greases - Standard Test Method for determining th e leakage tendencies of automotive wheel 
bearing grease under accelerated conditions 
- Standard Test Method for low – temperature torque of grease-lubricated wheel bearings 
5. ANSA TC-8 (Electro-technical) Technical Committee (12 national standards): 
- Aluminium wire for overhead line conductors. 
- Characteristic of indoor and outdoor post insulators for systems with nominal voltages 
Greater than 1000v 
- Guide to the selection of high – voltage cables. Maintenance. - Insulation co- ordination – part 1 definition,   principles and rules.  
- Insulation coordination for equipment within low- voltage system- part 1 principals, 
requirements and tests. 
- Insulator with a nominal voltage above 1000 volt – ceramic insulator an a.c. system 
characteristic of insulator unites for the long rod types. 
- Insulator with a nominal voltage above 1000 volt ceramic of glass insulator unites for a.c. 
system- characteristic of insulator unites of the cap and pin type. 
- Insulator with a nominal above 1000 volt – part  on ceramic of glass insulator unite for a.c. 
system Definition, test method acceptance criteria. 
- Protection against electric shock – common aspects for installation and equipment. 
- Round wire concentric lay overhead  electrical standard conductors. 
- Test requirement for accessories for cable. 
- Zinc coated steel wires for stranede conductors. 
6. ANSA TC-9 (Textile) Technical Comm ittee (4 national standards):  
- Specifications for cotton sewing thread 
- Specifications of warp cotton yarns in blankets  - Specifications for voile fabrics  - Specifications of warp cotton yarns in carpet  
7. ANSA TC-10 (Metrology) Technical Committee (3 national standards): 
- Iron weights parallelepiped ( 5g to 50kg)  
- Bringer balance - Cylindrical knob type weights (1g to 10kg)  WT/ACC/AFG/7 
 Page 29 
 
 
 8. ANSA TC-14 (Environment) Technical Committee (1 national standard): 
- Air Quality Standard 
The following four committees were recently est ablished are working on developing standards in 
respective areas: 
- ANSA TC-11 (Structure Design) Technical Committee; 
- ANSA TC-12 (Architecture) Technical Committee; - ANSA TC-13 (Urban Development) Technical Committee; and - ANSA TC-15 (Highway and Bridge) Technical Committee. 
No technical regulations have been develope d or adopted yet under the 2010 Afghan National 
Standard Law. 
Question 49 
With respect to Annex 5: Information on Technical Barriers to Trade in document 
WT/ACC/AFG/4:  Could Afghanistan please expl ain the relationship between the Afghanistan 
Standardization and Metrology Authority (referen ced in Annex 5) and the Afghan National 
Standardization Authority (referenced in IV.  Policies Affecting Trade in Goods – 
3(b) Technical regulations and standards, incl uding measures taken at the border with respect 
to imports)? 
Answer: 
Afghanistan currently has one authority on sta ndardization: Afghan Nati onal Standard Authority 
(ANSA).  A metrology department exists within ANSA. 
Question 50 
The response to Question 115 of document WT/ACC/AFG/5 states that Afghanistan is in the 
process of drafting of a new Food Safety law.  What is the current status of that legislation?  If a draft is available for review, we would appreciate receiving it. 
Answer: 
Afghanistan recently completed the drafting of its F ood Safety Law.  An English copy of the draft 
Law and a checklist in the format of documen t WT/ACC/8 will be provided in December 2011. 
(c) Sanitary and phytosanitary measures 
Question 51 Please provide a copy of the certificates and st atements noted in the answers to Questions 62 
and 118  of document WT/ACC/AFG/5.  Will those do cuments be revised as a result of the 
current revisions to the SPS laws (not ed in the response to Question 36  of document 
WT/ACC/AFG/5) that are currently underway? WT/ACC/AFG/7 
Page 30  
 
 Answer:  
English copies of the following are availabl e through document WT/ACC/AFG/7/Add.2:   
- Veterinary certificate for export of all animal and animal products.  This is issued by the 
General Directorate on Animal Health under MAIL.   
- Phytosanitary certificate for export of all plants  and plant products.  This is issued by the 
Directorate for Plant Quarantine under MAIL.  
- Quality certificate for export of fresh fruits, dr ied fruits, and vegetables.  This is issued the 
Afghan Raisin, Fruits and Vege tables Promotion Association. 
- Conditions Statement importing animal and an imal products. This is signed by the General 
Directorate of Animal Health under MAIL. 
The veterinary certificate, the phytosanitary certifi cate, and conditions statem ent will be revised once 
the new SPS laws are adopted. 
As for the import of processed food products and pharmaceuticals, importers must provide health 
certificate and analysis certificate from the country of  origin.  The Ministry of Public Health (MPH) 
checks these documents and take samples for testing.  If test results are satisfactory, MPH will then 
issue health certificate to allow circulation of goods  in the market.  English copies of these certificates 
are available through document WT/ACC/AFG/7/Add. 2:  chemical analysis, water analysis, 
bacteriological (water and food). 
ANSA no longer issues quality certificate for the import  of petroleum product a nd iron/steel products.  
ANSA conducts laboratory testing of petroleum produc ts at the border to check conformity with 
quality standards and stamp import documents.  As for iron/steel products, samples are sent for testing 
at the laboratories of the Ministry of Public Work s or the Engineering Faculty at Kabul University.  
In case of conformity with quality standards, ANS A stamps import documents and allows admission 
of goods. 
Question 52 
The response to Question 9 of document WT/A CC/AFG/5 states that Afghanistan is preparing 
draft laws on Plant Protection and Quarantine an d on Animal Health and Veterinary Services.  
Could you provide an update on the status of these preparations and a timeline for completing that process?  We look forward to receiving te xts of these documents in draft as they become 
available. 
Answer: 
The draft laws on Plant Protection and Quarantine a nd on Animal Health and Veterinary Services are 
being finalized at MAIL.  English copies of the dr afts and corresponding checklist in the format of 
document WT/ACC/8 will be provided to the WTO Secretariat in December 2011. 
Question 53 
As a follow up to Question 120  of document WT/ACC/AFG/5:   
- What is the proposed timeline for Afghanistan establishing an enquiry point and 
national notification authority? 
- Can Afghanistan please provide details on the future staffing of the Enquiry Point office 
and whether these employees would have other responsibilities?   
- How many staff members are anticipated?  WT/ACC/AFG/7 
 Page 31 
 
 
 - Will these employees also work in the Nati onal Notification Authority? We encourage 
Afghanistan to utilize its SPS Enquiry Point employees for National Notification work. 
- In which ministry and department will th e Enquiry Point and National Notification 
Offices be housed? 
Answer: 
Afghanistan intends to establish one point for bot h SPS enquiry and notification.  The Enquiry and 
Notification Point (ENP) will be established after th e adoption of the three SPS laws.  An internal 
mechanism will be in place to coordinate with relevant ministries and state bodies. 
During Fall 2011, Afghanistan intends to conduc t needs assessment for establishing the ENP 
including staffing, equipment and IT needs.  Afghanistan anticipates a small number of staff at the 
ENP who may also assume other related responsibilities. 
Question 54 
Does Afghanistan have any laws or regulations regarding goods produced with biotechnology?  
If so, please provide copies for Working Party review.  If not, how does Afghanistan approach 
importation and domestic manufacture of goods using biotechnology? 
Answer: 
Afghanistan does not have any laws or regulations  regarding goods produced with biotechnology.   
The importation and domestic manufacture of goods us ing biotechnology is not currently regulated in 
Afghanistan. 
Question 55 
In the discussion of import permits in the response to Question 53  of document 
WT/ACC/AFG/5, Afghanistan references its Law "On Seeds" of 6 December 2009.  Will that 
law be included in the new Plant Quarantine law being drafted?  If it will remain in effect, 
please provide a copy for review. 
Answer: 
The Seeds Law will not be included in the new Law "On Plant Protection and Quarantine being 
drafted.  The Law "On Seeds" of 6 December 2009 w ill remain in effect after the adoption of the Law 
"On Plant Protection and Quarantine".  An English co py of the Law "On Seeds" is available through 
document WT/ACC/AFG/7/Add.1. 
Question 56 
With respect to Question 111, could Afghanistan clarify the state of play in applying for 
membership in IPPC? 
Answer: 
Afghanistan intends to apply soon for IPPC membership.   WT/ACC/AFG/7 
Page 32  
 
 Question 57 
With respect to Question 112, could Afghanistan cl arify the state of play in identifying measures 
that are not in line with international standard s and the development of an action plan for 
harmonisation? If such action plan has b een developed, could this be shared with 
WTO Members? 
Answer: 
Action plans for harmonization with IPPC, Code x Alimentarius, and OIE are being prepared. 
Question 58 
With respect to Question 114, could Afghanistan clarify if the veterinary and phytosanitary 
measures are applied equally for internal market and for the products intended to be exported? 
Answer: 
Veterinary and phytosanitary measures are equally  applied on domestic produc ers regardless whether 
or not goods are produced for exports or consump tion in the internal market.  There is however 
limited supervision of the internal mark et due to many years of conflict.   
Question 59 
With respect to Question 115, could Afghanistan clarif y if the state of play in the drafting of the 
three SPS framework laws? When are these laws expected to enter into force? 
Answer: 
The draft Law on Food Safety has been finalized at th e Ministry of Public Health and is currently at 
the Ministry of Justice. 
The draft Law "On Plant Protection and Quarantine" is being finalized at MAIL. 
The draft Law "On Animal Health and Veterina ry Services" is being finalized at MAIL. 
In accordance with the legislative process, drafts ar e usually prepared by line ministries or state 
bodies and are submitted to the Office of Administra tive Affairs (OAA) at the Presidential Office.  
The OAA submits the draft to Ministry of Justice (M OJ) for scrutinizing and ch ecking of the draft for 
consistency with national legislation.  The MO J further presents and introduces the draft to the 
Council of Ministers.  Once adopted by the Council of Ministers, the MOJ then submits the draft to 
the Ministry of Parliamentary Affairs (MOPA) whic h, in turn, submits to the Parliament where it 
undergoes two readings before adoption.  Once the pa rliament adopts the draft, it will be sent to the 
President for signature.  It is difficult to predict th e exact timing for this process.  It is anticipated 
however that these three laws will be adopted  in 2012 and come into force in 2013. 
Question 60 
With respect to Question 118, could Afghanistan explain if the certificate has to be signed by the 
official competent authority of the country of  origin? What is the procedure to check the 
authenticity of the certificates?  WT/ACC/AFG/7 
 Page 33 
 
 
 Answer: 
Afghanistan recognizes certificates of origin issued  by any foreign Chamber of Commerce (competent 
authority).  The certificate should be signed by the competent authority of the country of origin. 
There is no formal process for check ing the authenticity of the certificate of origin.  In case of doubt, 
the Afghan Custom Department contacts via electronic means the competent authority (Chamber of 
Commerce) at the relevant country to ve rify the authenticity of the certificate. 
Question 61 
With respect to Question 118, could Afghanistan clarify what kind of physical tests are 
performed at laboratory level (microbi ological, heavy metals, drug residues)? 
Answer: 
The Ministry of Public Health takes samples of imported processed food products for laboratory 
testing.  The following types of tests are perform ed: toxicological, microbiological, bacteriological, 
and heavy metal tests. 
The General Directorate of Animal Health takes samp le for all animal products and sent for testing at 
laboratories.  The following types of tests are performed: microbiological and bacteriological.  
Current laboratories cannot handle tests for drug residues. 
Question 62 
With respect to Question 118, what are the limits followed or in place at national level (Are they 
only national or international limits set up by OIE/IPPC and Codex)? Is this regulated by any 
legislation, guideline or manual? Who is respon sible for the sampling strategy at BIP's level? 
Answer: 
Afghanistan is already a member of OIE and is committed to OIE standards.  Many of these standards 
and limitations are adopted in the Veterinary Serv ices (Animal Health) Law and Quarantine (Animal) 
Procedure.  
Afghanistan intends to apply for IPPC membership  before end of 2011.  Afghanistan intends to 
launch the process of adopting key International St andards for Phytosanitary Measures (ISPMs) once 
it becomes an IPPC member.  
Afghanistan recently launched the process of adoptin g Codex standards.  The following two standards 
will be among priority standards for adoption in the next 3 years: 
- Maximum Residue Limits (MRLs) for Pesticides - CAC/MRL 1; and 
- Maximum Residue Limits for Veterinary Drugs in Food- CAC/MRL 2. 
The Directorate for Plant Quarantin e at MAIL is responsible for the sampling strategy of plant and 
plant products at border inspection posts level.  
The Directorate for Veterinary Services at MAIL is  responsible for the sampling strategy of animal 
and animal products at borde r inspection posts level.  WT/ACC/AFG/7 
Page 34  
 
 Question 63 
In document WT/ACC/AFG/5:  Following on  from Question 113, enquiring whether 
SPS measures are implemented and enforced throug hout the country, could Afghanistan please 
describe any procedures in place to monitor animal health status? 
Answer: 
Currently, there is no formal system in place for monitoring animal health status. 
In 2010, Afghanistan launched a pilot of a novel system for establishing an epidemio-surveillance 
network in seven Provinces of Afghanistan (B adakhshan, Balkh, He rat, Kunduz, Laghman, 
Nangarhar, and Takhar).  Around 130 Veterinary Fi eld Unit (VFU) veterinary para-professionals 
("paravets") were contracted under a Sanitary Ma ndate contracting scheme to first report suspected 
cases or outbreaks of notifiable diseases and then, wh en requested by their supervising Provincial 
Veterinary Epidemiology Officer (PVEO), to conduct an Outbreak Investigation.  
Afghanistan already has just over 1,000 privately operating veterinary para-professionals, known as 
"paravets", providing routine clinical and pr eventive veterinary services throughout the most 
important livestock rearing areas of the country, un der the professional supervision and support of 
Non-Governmental Organisation (NGO) employed qua lified veterinarians.  These paravets work from 
a small simple premises or Veterinary Field Unit (VFU) consisting of an office, a store and a place to examine animals.  Paravets are livestock keepers w ho have been selected by members of their local 
community as being well respected, trusted and successful farmers.  The selected candidates are provided with a preliminary six-month practical skills oriented course in clinical examination, history 
taking, disease diagnosis, and the treatment of common diseases using medicines safely and correctly.  
The training they receive is based upon utilizing their existing and often extensive knowledge of 
animal health and signs of sickness or ill health.  They are also trained in the handling and use of 
animal vaccines and when to use these against the most common diseases for which vaccination is 
appropriate in Afghanistan.  
On the other hand, the Veterinary Authority (VA)  is desperately short of either professional or 
para-professional officers deployed in the field below the Provincial capital level and for this reason a 
policy decision has been made to engage private sect or service providers to assist the VA to perform 
some of its core functions in the fiel d, through a public/private partnership. 
Recently, and as a means of initiating a process of  engagement between provincial government 
Veterinary Authority officers and private sector service providers, the Directorate of Animal Health has established a Department of Monitoring, Evalua tion and Coordination of VFUs.  The aim of this 
Department is not only to monitor the quality of services offered by the animal health service 
providers and to measure client satisfaction, it is also to de velop a relationship with the service 
providers with the intention of building the public/p rivate partnership whereby the VA enters into a 
contractual relationship with privat e vets and paravets to undertake cer tain public functions on behalf 
of the state veterinary service under a "Sanitary Mand ate" contracting scheme.  Provincial Veterinary 
Monitoring Officers (PVMOs), who also play an im portant role in helping to manage the sanitary 
mandate contracting scheme at the local level, are being trained to perform these functions.  
The sanitary mandate contracts to perform specifie d services on behalf of the VA are now being used 
to establish a network of vets and paravets who are contracted to report suspected cases or outbreaks 
of a list of prioritized (OIE listed) notifiable diseas es based upon clinical suspicion, and then, when so 
requested, to perform a follow-up outbreak inv estigation which involves the collection and 
submission of appropriate laborator y samples to the nearest Provincial and/or Regional veterinary 
diagnostic laboratory for processing and, where po ssible, testing. The Provincial or Regional  WT/ACC/AFG/7 
 Page 35 
 
 
 Veterinary Laboratory officer is then responsible  for processing and forwarding the samples to the 
Central Veterinary Diagnostic Laboratory (C VDRL) (National Refere nce Laboratory) for 
confirmation of diagnosis.  
Practical training of private vets, paravets, NGO s and Provincial Veterinary Authority personnel 
Before awarding a sanitary mandate contract to any priv ate vet or paravet, groups  of vets and paravets 
were selected on the basis of their geographical  distribution and provided with two consecutive 
training courses. In the first of these the trainees were given refresher training on the epidemiology 
and differential diagnosis of 16 prioritised notif iable diseases which are common in Afghanistan.  
The training was given by an NGO (The Dutch Co mmittee for Afghanistan (DCA)) which has many 
years of experience in providing this type of tr aining to veterinary para-professionals as well as 
veterinary graduates. Trainees not only learn th e most important presenting signs of the listed 
diseases, they were taught how to collect and hand le the most appropriate samples for laboratory 
submission.  The second training focused more on th e organizational aspects of the sanitary mandate 
contracting scheme, including the chain of reporting whic h links the disease event on the farm to the 
database of the Epidemiology Department at the Central headquarters of the VA, and explained the 
rules for acceptance of DRFs and OIFs, logistics for submission of forms and samples, and how 
payment claims would be verified before payments would be made.  
A separate series of short training sessions was given to NGO veterinary supervisors, PVMOs, 
PVEOs and PVLOs, working in each of the seven selected provinces of Badakhshan, Balkh, Herat, 
Kunduz, Laghman, Nangahar and Takh ar.  This training included refresher training on the completion 
of the standardized reporting forms, so that superv isors could assist paravets having difficulty in 
completing the respective forms correctly, and, in  the case of the Provincial Veterinary Authority 
personnel, how to decide when to perform an outbr eak investigation themselves and when it might be 
appropriate to request the paravet to perform this  service under his or her sanitary mandate contract 
licence. In the case of the PVLOs, the training focused on handling of laboratory samples, performance of certain tests such as the diagnosis  of Anthrax through examination of direct blood 
smears stained with Methylene Blue and, and how to process and forward samples for tests which 
could not be performed at the local provincial laboratory level to the CVDRL. 
Materials and Methods 
The disease reporting and outbreak investigation system  relies upon the fact that a livestock keeper 
will report the occurrence of an unusually high leve l of morbidity or mortality or other disease 
occurrence, such as a case of abortion, to his local private vet or paravet.  The vet or paravet then 
visits the farm, and carries out a preliminary investig ation.  If he concludes that it is likely that what 
he is seeing is one of the prioritized listed notif iable diseases (or indeed any other notifiable disease), 
he then reports immediately by mobile phone to th e nearest PVEO.  The vet or paravet may then be 
requested by the PVEO to continue to the next st age of the specified services defined in his sanitary 
mandate contract and conduct an Outbreak Investig ation.  If the PVEO decides it is necessary for 
himself to conduct the outbreak investigation, then the reporting vet / paravet will complete a 
preliminary Disease Report Form (DRF).  Either way,  when an outbreak investigation is carried out 
by either a private vet or paravet or the PVEO, an Outbreak Investigation Form (OIF) is also 
completed, a necropsy may be performed, in which case a Necropsy Report Form (NRF) is completed, the appropriate samples are collected  and an LSF completed all of which are then 
immediately delivered to the nearest Provincial Veterinary Office and handed to the Provincial 
Laboratory Officer (PVLO).  
The disease reporting and outbreak investigation system  relies upon the fact that a livestock keeper 
will report the occurrence of an unusually high leve l of morbidity or mortality or other disease 
occurrence, such as a case of abortion, to his local private vet or paravet.  The vet or paravet then WT/ACC/AFG/7 
Page 36  
 
 visits the farm, and carries out a preliminary investig ation.  If he concludes that it is likely that what 
he is seeing is one of the prioritized listed notif iable diseases (or indeed any other notifiable disease), 
he then reports immediately by mobile phone to th e nearest PVEO.  The vet or paravet may then be 
requested by the PVEO to continue to the next st age of the specified services defined in his sanitary 
mandate contract and conduct an Outbreak Investig ation.  If the PVEO decides it is necessary for 
himself to conduct the outbreak investigation, then the reporting vet / paravet will complete a 
preliminary Disease Report Form (DRF).  Either way,  when an outbreak investigation is carried out 
by either a private vet or paravet or the PVEO, an Outbreak Investigation Form (OIF) is also 
completed, a necropsy may be performed, in which case a Necropsy Report Form (NRF) is completed, the appropriate samples are collected  and an LSF completed all of which are then 
immediately delivered to the nearest Provincial Veterinary Office and handed to the Provincial 
Laboratory Officer (PVLO). 
Implementation of the pilot epidemio-surve illance sanitary mandate contracting scheme 
The 131 paravets working from VFUs in each of  the seven selected Provinces were awarded a 
3 month contract.  Each contracted paravet rece ived quadruplicate copies of the 4 standardised 
reporting forms (DRF, OIF, NRF and LSF) as well as laboratory sampling equipment, including bijou 
bottles containing glycerine buffered saline for colle ction and submission of FMD samples.  In order 
to remain within a finite budget proposed for this pi lot exercise, paravets were restricted to report no 
more than five suspected notifiabl e disease events each month for a total of 3 months.  Furthermore, 
paravets were limited to a maximum of five out break investigations, depending on whether or not 
they were requested to undertake these by the PVEO.  Where paravets were not requested to perform 
an outbreak investigation, the PVEOs undertook these themselves.  Fees were paid to paravets after 
DRFs and OIFs had been verified independently  by the respective PVMO. PVEOs and PVMOs were 
additionally paid allowances to undertake some outbr eak investigations and spot checks on a sample 
of outbreak investigations in order to verify the occurrence of the reported di sease event and to ensure 
that services were being performed in conformity  with the Terms of Reference of the sanitary 
mandate contract. NGO employed s upervising veterinarians were cont racted separately to supervise 
and assist the paravets when completing the st andard reporting forms and conducting outbreak 
investigations. 
(m) Trade in Transit 
Question 64 The responses to Questions 134 to 136 of document WT/ACC/AFG/5 outline Afghanistan's' 
current and prospective trade in transit agreements  with neighbouring countries.  Article V of 
the GATT 1994 states: 
- "With respect to all charges, regulations and formalities in connection with transit, each 
contracting party shall accord to traffic in tr ansit to or from the territory of any other 
contracting party treatment no less favourable than the treatment accorded to traffic in 
transit to or from any third country." 
Is Afghanistan prepared to offer transit condi tions to WTO Members after accession on an 
MFN basis vis-a-vis  these bilateral agreements?  WT/ACC/AFG/7 
 Page 37 
 
 
 Answer: 
Afghanistan is prepared to provide transit conditions as established under Article V of the 
GATT 1994 to WTO Members on an MFN basis.  Pl ease note, however, that recently signed 
Afghanistan Pakistan Transit Trade Agreement (APTTA) contain provisions that require mutual 
obligations from both sides.  Moreover, some of th e provisions of APTTA are beyond the coverage of 
Article V of the GATT 1994.  Thus, certain provision s of this Agreement may not automatically be 
granted to all WTO Members without mutual commitmen ts to be agreed by interested members of the 
WTO.  Such provisions include:  
- granting the right for commercial presence to transport operators of the other Contracting 
Party; 
- national treatment for transport operators with respect to rules and procedures affecting transit 
traffic and any charges, expenses, or financial obligations incurred with regard to the means 
of transport and labour used for transit operation; 
- cooperation in order to gradually achieve "coordi nated  controls" by which the officials of the 
Contracting Parties will carry out thei r inspection jointly and simultaneously; 
- Contracting Parties may agree to set up a quota system when issuing transit Temporary 
Admission Document to respect a fair share of traffic between the two Contracting Parties; 
- Transit cargo to be carried out only in c ontainers of international specification, except 
oversize and bulk cargo, and expor ts of perishable goods; and 
- Mutual administrative assistance with respect  to communication of information including 
through setting up the facility of electronic interface, and notification of inaccuracies. 
Question 65 With respect to Question 135 of document WT/ACC/ AFG/5:  Afghanistan has signed a transit 
agreement with Pakistan.  Could Afghanistan comme nt on the content and the operation of this 
agreement? 
Answer: 
The APTTA Agreement came into force on 12 June 2011.  The purpose of APTTA is to facilitate the 
movement of goods between and through their r espective territories and to provide all possible 
facilities to transit traffic in accordance with the prov isions of the Agreement.  Below is the summary 
of the main provisions of the Agreement.   
1. Freedom of Transit:  There shall be freedom  of transit through the territory of each 
contracting party, via the pre-settled routes mo st convenient for international transit, for 
traffic in transit to or from the territory of ot her contracting party. No distinction shall be 
made which is based on flag of the vessel, the place of origin, departure, entry, exit or 
destination, or on any circumstances relati ng to the ownership of goods, vessels or other 
means of transport. 
2. Routes:  Annex 1 to this Agreement on "Inter national Transit Transport Corridors and Ports 
of Entry and Exit" defines routes and points of entry and exit for the transport of goods in 
transit. These corridors may be discontinue d or new ones added upon mutual written 
agreement.  
3. Facilitation of clearance procedures:  The Contracting Parties, with a view to ensuring the 
clearance of transit traffic wit hout delay, agreed to take measu res related to customs clearance 
facilities, coordinated controls, hours of op erations, reduction of procedures and costs, 
adoption of risk management a nd other similar measures etc. WT/ACC/AFG/7 
Page 38  
 
 4. Technical requirements:  The Agreement establis hes technical requirements for admittance of 
road vehicles and professional competence for trans ports operators to be eligible for transit 
operations as well as corresponding certifica tion, licensing requirements and mutual 
recognition obligations.   The Contracting Pa rties shall recognize domestic driving licenses, 
vehicle registration documents and vehicle licen ce plates that are issu ed by the competent 
authorities of the other Contracting Party.  
5. Substantial ownership:  APTTA requires substantial ownership of  transport operator's capital 
by citizens of the home country. However, specific percentage of ownership is left for each 
Party's discretion.  
6. Maritime ports:  For the land-locked Islamic Re public of Afghanistan, the Government of the 
Islamic Republic of Pakistan guarantees the right to use the ports of Karachi, Port Qasim, and 
Gwadar Port, for the movement of goods in tr ansit to and from Afghanistan in accordance 
with the official tariffs, rates and conditions app licable to other users of the ports without any 
discrimination. 
7. Commercial presence:  Subject to Domestic legislation and clearance from the concerned 
authorities, the Contracting Parties agreed to  grant permission to freight forwarders and 
transport operators of the other Contracting Party to establish offices in their respective 
territories for the purpose of operating activ ities related to trade in transit.  
8. National Treatment:  National treatment for tran sport operators with respect to rules and 
procedures affecting transit traffic and any ch arges, expenses, or financial obligations 
incurred with regard to the means of trans port and labour used for transit operation.  
The Contracting Parties also extend national tr eatment to the transit goods by Railways. 
9. Container requirement:  In order to decrease opportunities for smuggling Parties agreed to 
allow transit traffic only in containers of in ternational specifications, except for oversize and 
bulk cargo, and exports of perishable goods. 
10. Special provisions:  Agreement contains special rules that apply:  
 - To expedited border clearance of  transport of perishable goods; 
- To transportation of dangerous goods taking into account the provisions of the 
European Agreement Concerning the Intern ational Carriage of Dangerous Goods by 
Road (ADR- 1957, Geneva as amended 2007); and 
- To measures for strengthening administrative cooperation to prevent the diversion of 
substances used in the illicit manufacture of narcotic drugs or psychotropic 
substances. 
11. Duties and taxes: Parties agreed that no custom s duties and taxes shall be levied on goods in 
transit and means of transit transport regardless of  their destination and purpose.  Such transit, 
shall, however, be covered by securities guara nteeing payment of import duties and import 
taxes, through a bank guarantee (or revolving bank guarantee, insurance bond or 
Carnet-de-Passage when operational), should th e vehicle covered by temporary admission 
papers not be re-exported within the prescrib ed time limits.  Agreement also envisages 
installation of vehicle tracking systems in both  countries for purposes of monitoring transit 
traffic.   
12. Possibility of quota:  Parties may agree to set up  a quota system when issuing transit permits 
with respect to ensuring a fair share of tra ffic between the two Contracting Parties.  The 
vehicles carrying the Transit Cargo will be allo wed to carry the return transit cargo from the 
territory of the other Contracting Party.  WT/ACC/AFG/7 
 Page 39 
 
 
 13. Annexes/Protocols: APTTA contains two anne xes: (1) International Transit Transport 
Corridors and Ports of Entry/Exit, and (2) A dditional Protocols.  These protocols are:  
- International Carriage by Road of Goods and Baggage in Transit; 
- Temporary Admission of  Vehicles for Commercial Use; - Customs Control and Transit Regime; and 
- Control of Precursors and Chemical Subs tances used in the Illicit Manufacture of 
Narcotic Drugs or Psychotropic Substances. 
14. Operation of the agreement: As agreed by the Parties, APTTA entered into force on 
12 June 2011 and shall be automa tically renewed for a further period of five years thereafter, 
subject to such modification as may be agreed  upon, unless terminated by either Contracting 
Party.  
To monitor, facilitate, and effectively implemen t the Agreement Afghanistan Pakistan Transit 
Coordination Authority (APTTCA) was established.  The APTTCA is co-chaired by the Deputy Minister of Commerce and Industries, Government of Afghanistan and Secretary Commerce, Government of Pakistan and consists of an equal number of representatives from both sides, 
comprised of stakeholder ministries or similar agencies of Contracting Parties and private sector, 
including Joint Chambers of Commerce and Industry,  freight forwarders, and road transporters.  
APTTCA is currently working on agreed mechanis ms for implementing specific transit control 
measures provided for under the Agreement, incl uding transit guarantee mechanism, vehicle tracking 
system and customs to customs information exchange mechanism.   
Parties are in the process of developing rules a nd procedures for dispute settlement which shall be 
determined keeping in view of WTO Unders tanding on Rules and Procedures governing the 
Settlement of Disputes.  
4.  Policies affecting foreign trade in agricultural products 
Question 66 
The response to Question 101 of document WT /ACC/AFG/5 states that Afghanistan currently 
has no government sponsored schemes that prom ote exports through the use of subsidies.  
Since this is the case, will Afghanistan commit  not to utilize export subsidies to promote 
agricultural exports after accession to the WTO? 
Answer: 
Afghanistan will decide on this commitment  at a later stage during the accession process.  
V. TRADE-RELATED INTELLECTUAL PROPERTY REGIME 
1. General Question 67 With respect to Question 138 of document WT/ACC/AFG/5:  Could Afghanistan clarify if its 
new Law "On Trade Marks Registration" of 1 September 2009 and Law "On Supporting the 
Rights of Investors and Discoveries" of 31 July 2008 have already come into effect, and if so, when exactly? WT/ACC/AFG/7 
Page 40  
 
 Answer: 
The Law "On Trade Marks Registration" is in ef fect and came into force on 1 October 2009.  
The Law "On Supporting the Rights of Investors and Di scoveries" is in effect and came into force on 
26 August 2009.  
Question 68 
With respect to Question 138 of document WT/ACC/AFG/5:  According to Afghanistan, its 
"initial protection terms" of their new Law "O n Trademarks Registration" comply with the 
TRIPS Agreement standard.  Could Afghanistan explain the definition of trade mark under 
Article 3 of the above mentioned law and its compliance with the TRIPS Agreement? 
Answer:  
Under Article 3(1) of the current Law "On Trademar ks Registration," definition of trademark is "is a 
mark/sign or mixture of marks which can dis tinguish goods and services from goods and services."  
However, amendments under developm ent call for Article 3(2) to read "Trademark: is a mark/sign or 
mixture of marks which can distinguish the goods  or services of one undertaking from the goods or 
services of other undertakings."   This new language  clarifies the meaning of the definition, and 
closely reflects the substance of Article 15.1 of the TRIPS Agreement. 
(e) Fees and Taxes 
Question 69 Fees for Business Licenses discriminate between nationals of Afghanistan and foreign natural 
and legal persons.  Does that element of discrimination exist in the fees charged for the protection of intellectual property in Afghanistan? 
Answer: 
The fees to be charged for the protection of inte llectual property by the new Intellectual Property 
Office at MoCI have not yet been set.  Once establis hed, equal, non-discrimin atory fees will be apply 
to foreign and national persons.   
The Government will provide the relevant fee schedules to the Working Party as they are set. 
Question 70 With respect to Question 141 of document WT/ACC/AFG/5: Under Article 14 
(Registration Fee), a trade mark owner is obliged to pay a registration fees. The level of the fees should be set by the Ministers Council.  However, the text of Article 14 or other Articles doesn't 
guarantee non-discriminatory treatment. Could Af ghanistan provide us with the list of applied 
fees? 
Answer: 
New trademark registration fees have not yet been finalized, but such fees, once established, will not 
discriminate between foreign and domestic citizen s and entities.  The Government will provide 
information on these fees to the Working Party as they are set.  WT/ACC/AFG/7 
 Page 41 
 
 
 2. Substantive standards of protection, incl uding procedures for the acquisition and 
maintenance of intellectual property rights 
(a) Copyright and related rights Question 71 We have reviewed Afghanistan's Law "On Suppo rting the Rights of Authors, Composers, 
Artists and Researchers" and will submit writte n questions and comments on it separately. 
Answer: 
We will answer these questions when received. 
Question 72 
Proposed edits to language in draft legislatio n on Afghanistan's Law "On Supporting the Rights 
of Authors, Composers, Artists and Researchers": 
Basis (Article 1):  The language in this Articl e should be amended to include broadcasters and 
related rights. 
Answer: 
This recommendation has been reflected in the dr aft amendments to the Law "On Supporting the 
Rights of Authors, Composers, Artists and Researchers". 
Question 73 
Terms and Expressions (Article 3): Work:   We recommend amending this definition so th at it conforms more closely to accepted 
definitions of copyrightable works.  We su ggest adoption of the following language: 
- Work:  Any original literary, artistic, or scientific work, regardless of its type, form of 
expression, significance, or purpose. 
Answer: 
This recommendation has been reflected in the dr aft amendments to the Law "On Supporting the 
Rights of Authors, Composers, Artists and Researchers". 
Question 74 
Terms and Expressions (Article 3): 
Audiovisual work:  We recommend amending this de finition so that it conforms more closely to 
accepted definitions of audiovisual works.  We  suggest adoption of the following language: 
- Audiovisual work:  A work that consists of a series of related images which are 
intrinsically intended to be shown by the u se of machines or devices such as projectors, 
viewers, or electronic equipment, together wi th accompanying sounds, if any, regardless 
of the nature of the material objects, such as films or tapes, in which the works are 
embodied. WT/ACC/AFG/7 
Page 42  
 
 Answer: 
This recommendation has been reflected in the dr aft amendments to the Law "On Supporting the 
Rights of Authors, Composers, Artists and Researchers". 
Question 75 
Terms and Expressions (Article 3): 
Collective Work:  We recommend amending this defi nition so that it conforms more closely to 
accepted definitions of works of collective autho rship.  We suggest adoption of the following 
language: 
- Work of Collective Authorship:  A work, su ch as a periodical issue, anthology, or 
encyclopaedia, in which a number of contributions, constituting separate and 
independent works in themselves, are assembled  into a collective whole.  Such works are 
created under the guidance of a natural or legal person who shall undertake to publish the work in his name and under his supervision.   
Answer: 
An amended version of this pr ovision, based on Article 2(5) of the Berne Convention has been 
developed and incorporated in the Draft Amendments to the Law "On Supporting the Rights of 
Authors, Composers, Artists and Researchers". 
Question 76 
Terms and Expressions (Article 3): Joint Work:  We recommend amending this defini tion so that it conforms more closely to 
accepted definitions of works of joint authorsh ip.  We suggest adoption of the following 
language: 
- Work of Joint-Authorship:  A work that is created by more than one person with the 
intention that the contribution made by each of them cannot be separated from that of 
the other.   
Answer: 
This recommendation is accepted and has been re flected in the draft amendments to the Law 
"On Supporting the Rights of Authors, Composers, Artists and Researchers". 
Question 77 
Terms and Expressions (Article 3): Excerption Work:  It appears that this definition  is intended to refer to derivative works, as the 
term "excerption" is not a term commonly used  in connection with copyrights and related 
rights.  We note this may simply be a transl ation issue.  Therefore, we recommend amending 
"excerption" to "derivative" and amending the defi nition so that it conforms more closely to 
accepted definitions of derivative works.  We suggest adoption of the following language:  WT/ACC/AFG/7 
 Page 43 
 
 
 - Derivative Work:  A work that is derived fr om one or more pre-existing work(s), such 
as translations, musical arrangements and an thologies, dramatization, fictionalization, 
motion picture version, sound recording, ar t reproduction, abridgement, condensation, 
and collections of folklore expressions, or any other form in which a work may be recast, 
transformed, or adapted.  A work consis ting of editorial revisions, annotations, 
elaborations, or other modifications, which, as a whole, represent an original work of 
authorship, is a "derivative work." 
Answer: 
This recommendation has been reflected in the dr aft amendments to the Law "On Supporting the 
Rights of Authors, Composers, Artists and Researchers". 
Question 78 Terms and Expressions (Article 3): Publication and Broadcast:  While a broadcast may be a form of publication, the terms 
"publication" and "broadcast" are not interch angeable synonyms.  Therefore, these terms 
should be defined separately.  We suggest adoption of the following language: 
- Publication:  Making a work, phonogram, broadcast, or any performance available to 
the public in any manner, with the consent of the author or the owner of the rights. 
- Broadcasting:  The transmission by wirele ss means for public reception of sounds or of 
images and sounds or of the representations thereof; such transmission by satellite is 
also a "broadcasting"; transmission of en crypted signals is "broadcasting" where the 
means for decrypting are provided to the public by the broadcasting organization or 
with its consent. 
Answer: 
This recommendation is accepted and has been re flected in the draft amendments to the Law 
"On Supporting the Rights of Authors, Composers, Artists and Researchers". 
Question 79 
Terms and Expressions (Article 3): 
Reprint of work:  It appears that this definition  is intended to refer to reproduction of work, as 
the term "reproduction" is not defined elsewhere and is broader than the term "reprint."  We note this may simply be a translation issue.  Therefore, we recommend amending "reprint" to "reproduction" and amending the definition so  that it conforms more closely to accepted 
definitions of reproduction of work."  We suggest adoption of the following language: 
- Reproduction:  Making one or more copy of a work, a phonogram, a broadcast, or any 
performance of any type or form, in whole or in part, directly or indirectly, in any manner or form, by whatever be the means or  the device used to make the reproduction, 
including permanent or temporary electronic uploading or storage.  WT/ACC/AFG/7 
Page 44  
 
 Answer: 
This recommendation has been reflected in the dr aft amendments to the Law "On Supporting the 
Rights of Authors, Composers, Artists and Researchers". 
Question 80 
Terms and Expressions (Article 3): 
Fixed Work:  Although Berne leaves the requirement of fixation to the discretion of member 
countries, in so far as Afghan law requires fixatio n, we recommend amending this definition so 
that it conforms more closely to accepted defini tions.  We suggest adoption of the following 
language: 
- Fixation:  The incorporation of letters, numbers, signs, sounds, images and other 
elements by means of which a work or object  of neighbouring rights has been expressed, 
or the representations thereof, which, in an y form or material medium, including an 
electronic medium that enables the said work or object of neighbouring rights to be perceived, reproduced or otherwise communicated through a device. 
Answer: 
This recommendation has been reflected in the dr aft amendments to the Law "On Supporting the 
Rights of Authors, Composers, Artists and Researchers". 
Question 81 
Terms and Expressions (Article 3): Anonymous Work:  We recommend adding the word "readily" in front of "known or 
identified" to clarify that the author's name is known by more than one or a few isolated 
individuals.  
Answer: 
This recommendation has been reflected in the dr aft amendments to the Law "On Supporting the 
Rights of Authors, Composers, Artists and Researchers". 
Question 82 
Terms and Expressions (Article 3): 
Classic Work:  Again, we note that this may simply  be a translation issue.  It appears that this 
definition is intended to refer to "compilations, " as "classic":  is not a term commonly used in 
connection with copyrights and related rights.  Therefore, we recommend amending "classic" to 
"compilation" and amending the definition so that it conforms more closely to accepted 
definitions for compilations.   We suggest adoption of the following language:  WT/ACC/AFG/7 
 Page 45 
 
 
 - Compilation:  An anthology of works formed by the collection and assembling of 
pre-existing materials or data in such a w ay that the resulting work is creative in terms 
of its arrangement or content selection.  Compilations include readable databases that 
are read from a computer or another medium, and collective works. 
Answer: 
The Law "On Supporting the Rights of Authors, Composers, Artists and Researchers'" existing 
definition of "compilations" has been revised to co mply with Article 10(2) of the TRIPS Agreement, 
to coordinate with other, rela ted amendments within the Law, and to reflect the substance of 
recommendations in this question as well as those in Questions 95 and 143. 
Question 83 
Terms and Expressions (Article 3): 
Architectural Work:  This definition goes beyond the typical definition of architectural works 
and thus we recommend replacing the definition with the following language: 
- Architectural Work:  The design of a building as embodied in any tangible medium of 
expression, including a building, architectural plans, or drawings.  The work includes 
the overall form as well as the arrangement and composition of spaces and elements in 
the design, but does not include individual standard features 
Answer: 
This recommendation has been reflected in the dr aft amendments to the Law "On Supporting the 
Rights of Authors, Composers, Artists and Researchers". 
Question 84 
Terms and Expressions (Article 3): 
Literary Work:  This may be a translation issue, but we would recommend removing the phrase 
"without taking into account the origin of th e material" because it could be interpreted as 
meaning that the material could be unlawfully taken from another author.   
Answer: 
This recommendation has been reflected in the dr aft amendments to the Law "On Supporting the 
Rights of Authors, Composers, Artists and Researchers". 
Question 85 
Terms and Expressions (Article 3): Photography, Painting, and Statuary Works:  We recommend removing this definition as it is 
not used elsewhere in the bill. WT/ACC/AFG/7 
Page 46  
 
 Answer: 
This definition cannot be removed, as these terms are used in the Law. 
Photography works are mentioned in Article 6(7) , Article 16(6), and Article 39(2) of the Law. 
Paintings are referenced in Articles 6(5) and 16(6). Statuary works are referenced in Article 6(6) of the Law. Question 86 Terms and Expressions (Article 3): Owner:  Because there are different types of rights  enumerated in the bill, and different persons 
could own different rights, we suggest amending th e language to insert the phrase "one or more 
of" before "the exclusive rights." 
Answer: 
This recommendation has been reflected in the dr aft amendments to the Law "On Supporting the 
Rights of Authors, Composers, Artists and Researchers" as follows:  
Owner:  is a natural or legal person who holds one or more of exclusive rights envisaged in 
this Law. 
Question 87 Terms and Expressions (Article 3): Exhibition of Work:  We recommend amending this  definition to include non-sequential display 
of audiovisual works.  We suggest adoption of the following language: 
- Exhibition of Work: is to exhibit or display the work or a copy of it directly or through 
film, slide, television pictures, motion pictures or any other mean or mode.  In the case 
of a motion picture or other audiovisual work, exhibition includes displaying individual 
images non-sequentially.  
Answer: 
This recommendation has been reflected in the dr aft amendments to the Law "On Supporting the 
Rights of Authors, Composers, Artists and Researchers": 
Exhibition of Work:  is to exhibit or display the work or a copy of it directly or through film, 
slide, television pictures, motion pictures or any other mean or mode.  In the case of a motion picture or other audiovisual work, exhibition includes displaying individual images non-sequentially.  WT/ACC/AFG/7 
 Page 47 
 
 
 Question 88 
Terms and Expressions (Article 3): Execution of the work:  Again, we note that this  may simply be a translation issue.  It appears 
that this definition is intended to refer to "public performance."  Therefore, we recommend 
amending "execution" to "public performance" and amending the definition so that it conforms 
more closely to accepted definitions for public p erformance.   We suggest adoption of the 
following language: 
- Public Performance:  Any act that may render the work available to the public in any 
manner, such as acting, a musical performa nce, or transmission, by wire or wireless 
means, enabling the public to have direct contact with the work by means of a 
performance, a phonogram, or an audiovisual recording. 
Answer:  
This recommendation has been reflected in the dr aft amendments to the Law "On Supporting the 
Rights of Authors, Composers, Artists and Researchers". 
Question 89 
Terms and Expressions (Article 3): 
The performer of the work:  The translation of this definition may be an issue, but this 
definition could be interpreted as defining "performers" as those who perform the copyright bill itself.  We thus suggest that the definition be replaced with the following language: 
- Performers:  Actors, singers, musicians, dancers, and other persons who act, sing, 
deliver, declaim, play in, interpret, or otherwise perform literary or artistic works or 
expressions of folklore. 
Answer: 
This recommendation has been reflected in the dr aft amendments to the Law "On Supporting the 
Rights of Authors, Composers, Artists and Researchers". 
Question 90 
Terms and Expressions (Article 3): 
Motion Pictures:  The translation of this definition may be an issue, but the definition's 
reference to "special meaning, context or an in tention" is unclear.  We thus recommend the 
following language for the definition: 
- Motion Pictures:  An audiovisual work consisting of a series of related images when 
shown with sound or without sound imparts an impression of motion. 
Answer: 
This recommendation has been reflected in the dr aft amendments to the Law "On Supporting the 
Rights of Authors, Composers, Artists and Researchers". WT/ACC/AFG/7 
Page 48  
 
 Question 91 
Terms and Expressions (Article 3): Broadcasting Organization:  The definition is very broad and goes beyond typical broadcasting 
responsibilities and could be interpreted as applying to any legal person that publishes any type of work, including printing literary works.  We thus recommend replacing the definition with 
the following language: 
- Broadcasting Organization:  Any person or authority entrusted with or responsible for 
broadcasting. 
Answer: 
This recommendation has been reflected in the dr aft amendments to the Law "On Supporting the 
Rights of Authors, Composers, Artists and Researchers". 
Question 92 
Terms and Expressions (Article 3): Public Culture (National Folklore):  We recommend deleting this definition because the term 
only appears in Article 45, which we also reco mmend deletion of for the reasons explained 
therein. 
Answer: 
Since the national folklore is public property and cannot be the exclusive right of a person, it is 
beyond the scope of Law "On Supporting the Rights of Authors, Composers, Artists and Researchers."  Therefore, this recommendation has been accepted and reflected in the draft 
amendments to the Law "On Supporting the Rights of  Authors, Composers, Artists and Researchers". 
Question 93 Terms and Expressions (Article 3): Dissemination of the work:  This appears to be an attempt to define "distribution," but it is very 
limited and the definition is only referenced once in passing in the bill.  We thus recommend replacing this definition with the following language: 
- Distribution:  The making the original or copies of a work or object of neighbouring 
rights available to the public by sale or other transfer of ownership. 
Answer: 
The suggestion is accepted with regard to the defi nition.  However, the term "dissemination" will 
retained rather than substituting the term "distribu tion," because the term "distribution" is not a term 
used in the law.   WT/ACC/AFG/7 
 Page 49 
 
 
 Question 94 
Terms and Expressions (Article 3): Transferring the Copyright:  We recommend amendi ng this definition to clarify that transfers 
of ownership do not include non-exclusive licen ses.  We suggest adoption of the following 
language: 
- Transfer of Copyright Ownership:  An a ssignment, mortgage, exclusive licence, or any 
other conveyance, alienation, or hypothecation of a copyright or of any of the exclusive rights comprised in a copyright, whether or not it is limited in time or place of effect, but not including a nonexclusive licence. 
Answer: 
This recommendation has been reflected in the dr aft amendments to the Law "On Supporting the 
Rights of Authors, Composers, Artists and Researchers". 
Question 95 
Works to be protected (Article 6):  The wording "The following works shall be protected" is too 
limiting because it implies that the list is an exha ustive list, and prevents other types of literary 
and artistic works that are not enumerated from  protection.  Some of the enumerated works 
should also be described more broadly.  Addi tionally, the language repeatedly refers to 
"innovative" works instead of "original" works; this may be a translation issue but, if not, 
"innovative" is typically used in connection with patents while "original" is the more 
appropriate term for copyrightable material.  Th erefore, we suggest adoption of the following 
language noted in the italicised text: 
 (1)  Works of authorship include th e following non-exhaustive categories: 
 1. Literary works, such as  book, pamphlet, brochure, essay, play and other academic 
technical and artistic writings; 
2. Poem, melody, song and compose that ha s been written, recorded or published using 
any mean; 
3. Audiovisual work, such as those created  for the purpose of performance on a movies 
scene or broadcast from radio or television that has been written, recorded or published using any mean, including cinematographic works and motion pictures;  
4. Musical work, including any accompanying words , which has been written recorded 
or published by any mean; 
5. Painting, picture, design, drawing, innovate original  geographical graphical (NOTE: 
this may simply be a translation issue)  cartography, linear writings , engraving, 
lithography,  decorative lines and other decorati ve and imaginary works which have 
been created using any simple or combinatory mean or mode; 
6. Statuary (sculpture); 7. Photography work that has been created using an innovative original  mode; 
8. Innovative Original  work of handicraft or industrial art (carpet designs, rugs, felt 
carpet and its attachments etc.); 
9. Innovative Original  work which has been created based on the public culture 
(folklore) or national cultural heritage and art; 
10. Technical work with an innovative original  aspect, such as illustrations, maps, plans, 
sketches and three-dimensional works relati ve to geography, topography, architecture 
or science;  WT/ACC/AFG/7 
Page 50  
 
 11. Computer programs; 
12. Derivative works; 13. Dramatic works, including any accompanying music; 14. Pantomimes and choreographic works; 15. Architectural works; 
16. Compilations of data or other material, whether in machine readable for or other form, 
which by reason of the selection or arrangemen t of their contents constitute intellectual 
creations shall be protected as such.  Such protection, which shall not extend to the 
data or material itself, shall be without prejudice to any copyright subsisting in the data or material itself.  (per Article 10.2 of the TRIPS Agreement); 
17. Collections of literary or artistic works su ch as encyclopaedias and anthologies which, 
by reason of the selection and arrangement of their contents, constitute intellectual 
creations shall be protected as such, without prejudice to the copyright in each of the 
works forming part of such collections. (per Article 2(5) of the Berne Convention); and 
18. Translations, adaptations, arrangements of music and other alterations of a literary or 
artistic work shall be protected as original works without prejudice to the copyright in 
the original work (per Article 2(3)of the Berne Convention).
1 
Answer: 
The suggestion is accepted;  amendments based on the foregoing, but adapted to operate in 
conjunction with interdependent pr ovisions of the Copyright Law, have been developed and will be 
adopted.  Specifically, Article 6(1) will include the following introductory clause:  "Every production 
in the literary, scientific and artistic domain, whatev er may be the mode or form of its expression, 
shall be protected, including the following:"  Additio nal changes to the illustra tive list at subparagraph 
1 will be made, including mention of derivative works, collective works, and compilations, which 
coordinate with pending amendments to the defini tion section of the law.  Related to this, pending 
amendments to Article 8 of the law will clarify right s in original works include d in collective works or 
compilations, in accord with Article 2(5) of the Berne Convention and Article 10(2) of the 
TRIPS Agreement.  
Question 96 
States of no protection (Article 8):  Please clarify if the reference to "the Law" means "this 
Law" or whether the restriction goes beyond wo rks not protected by the proposed copyright 
law.  
Answer: 
The reference refers to the actual Law "On Supportin g the Rights of Authors, Composers, Artists and 
Researchers" only. 
Question 97 
States of no protection (Article 8):  Please also explain the intention or purpose of this Article 
and provide clarifying language.  To the extent th at this Article is intended as an exclusion of 
protection, it lacks specificity. 
                                                      
1 Italicised text represents new recommended language.  WT/ACC/AFG/7 
 Page 51 
 
 
 Answer: 
This Article identifies certain limits to copyrigh t law protection.  In order to comply with 
TRIPS Agreement requirements, this Article will be amended as follows:  
 Article 8:  States of no protection 
 (2) The subject matter of copyright includes derivative works that has been presented by 
the author where the use of preexisting mate rial has been differentiated. This right 
does not extend to any kind of the copyright in the preexisting material. 
 (3) Collective works shall be protected without  prejudice to the copyright in each of the 
works forming part of such collections.  
 (4) The protection of compilations shall not  extend to pre-existing data or material 
included in them, and shall be without prejudice to any copyright in such data or 
material . 
Question 98 
Author's Rights (Article 9):  While this Article lists some of the exclusive righ ts enjoyed by an author, it does not include all 
of the exclusive rights required by the TR IPS Agreement and the Berne Convention.  
Additionally, this Article limits the exclusive righ ts to the author, but if the author assigns or 
transfers any or all of its exclusive rights by co ntract, then the author would not be the "owner" 
entitled to the exclusive rights.  Therefore, we  suggest clearly enumerating the exclusive rights 
enjoyed by a copyright owner, such as that noted in the following suggestion: 
The owner of a copyright under the provisions of th is law has the exclusive right to do and to 
authorize any of the following: 
 1. To reproduce the copyrighted work in co pies or phonorecords (Article 14(1)(i) of the 
Berne Convention); 
2. To prepare derivative works based upon the copyrighted work, including 
translations of a work. (Articles 12, 14(1)(i) 11(2), 11 ter(2) and 8 of the 
Berne Convention); 
 3. To distribute copies or phonorecords of the copyrighted work to the public by sale 
or other transfer of ownership, or by rental, lease, or lending (Article 14(1)(i) of the 
Berne Convention); 
 4. To display the copyrighted work publically, including the individual images of a 
motion picture or other audiovisual work; 
 5. To perform the copyrighted work public ally, including such public performance by 
any means or process. (Article 11(1)(i ), 14(1)(ii) of the Berne Convention); 
 6. To provide any communication to the public of their work. (Articles 11(1)(ii), 
11ter(1)(ii), 14(1)(ii) of the Berne Convention); 
 7. To broadcast their work or to communi cate their work to the public by any other 
means of wireless diffusion of signs, sounds or images. (Article 11 bis(1) of the 
Berne Convention); 
 8. To enjoy economically and mo rally his name in the work; and 
 9. For Authors and their successors in ti tle of computer programs, except where the 
program itself is not the essential object, and of cinematographic works, to authorize or prohibit the commercial rental to the public of originals or copies of their 
copyright works.   WT/ACC/AFG/7 
Page 52  
 
 Answer: 
In order to comply with  requirements at Berne Convention Articles 2, 8, 9, 11, 11 bis, 11ter, 12 and 
14, as well as Article 11 of the TRIPS Agreement, Af ghanistan is amending Article 9 of the Copyright 
Law as follows: 
 Article 9: Economic Rights 
Authors or other owners of copyrights have the exclusive rights to exercise, authorize or 
prohibit the following with respect  to their protected works:  
1. reprinting (reproducing), including sound and visual recording. 
2. preparation of derivative works. 
3. Any public distribution, including distribution of derivative works, as well as 
commercial rental to the public of originals or copies of protected motion pictures and 
computer programs, except in the case of rentals involving a computer program which itself is not the essential object of the rental. 
4. Public performance of derivative works, as well as dramatic, dr amatico-musical and 
musical works. 
5. Communication to the public of performan ces of works, including derivative works, 
and, during the full term of the author's rights in an original dramatic or dramatico-musical work, the same rights w ith respect to translations thereof. 
6. Broadcasting and other wireless communica tions, public communication of broadcast 
by wire or rebroadcast, and public communication of broadcast by loudspeaker or analogous instruments of literary and artistic works. 
7. Public recitation and communication to the public of recitations, of literary works 
and, during the full term of the author's rights in original literary works, the same rights with respect to translations thereof.  
Question 99 
Status of enjoying economical rights (Article 10):  This Article limits protection under Afghan 
copyright law to works that were first publishe d, printed or broadcast in Afghanistan.  
However, Articles 3 and 4 of the Berne Convention requires that protection shall apply to (a) works of authors who are nationals of a Union country, whether published or not; (b) for 
works first published or simultaneously published in a Union country and a country outside the Union.  Please explain how Article 10 is in ac cordance with Article 3 and Article 4 of the 
Berne Convention, and how Afghanistan inte nds to amend it to be in compliance. 
Answer: 
Under pending amendments to the copyright law, Artic le 10 will state that its provisions are subject to 
Article 47 of the Law, which sets out points of attachment.  Amended Article 47 of the Law will incorporate not only the requirements of Articles 3 and 4 of the Berne Convention, but also those of Article 1(3) of the TRIPS Agreement and Ar ticles 4, 5 and 6 of the Rome Convention. 
Question 100 Moral Rights (Article 11):  With respect to sub-pa ragraph (3), it should be made clear that any 
such agreement must be done in writing.  Addi tionally, it appears that sub-sections (2)(2) 
and (2)(3) attempt to incorporate the mora l rights set forth in Berne Article 6 bis, and thus we 
recommend tracking that treaty language more clearly by combining (2)(2) and (2)(3) and 
replacing the current language wi th the following language:    WT/ACC/AFG/7 
 Page 53 
 
 
  "Ban to any distortion, mutilation, or other modification of, or other derogatory action 
in relation to, the author's work that would be prejudicial to his honor or reputation." 
Finally, we suggest moving sub-section (3) to a sep arate Article, perhaps Article 13, because it 
does not appear to implicate moral rights. 
Answer: 
This recommendation has been reflected in the dr aft amendments to the Law "On Supporting the 
Rights of Authors, Composers, Artists and Researchers". 
Question 101 
Cession or Transfer of Rights (Article 12):  There appears to be a contradiction within the 
language of the law.  Please explain how sub-paragraph (3) of Article 12 relates to 
sub-paragraph (1) of Article 11. 
Answer: 
In the original Dari version, the distinction be tween these paragraphs is clearer.  Article 11(1) 
distinguishes moral and economic rights in a work; mo ral rights are  non- transferable and personal to 
the author.  Article 12(3) addresses the distinct situation of the treatment of moral rights after the 
death of the author. 
In short, there is no contradiction between th ese articles; they govern different situations.  
Question 102 
Cession or Transfer of Rights (Article 12):  Because different rights may be owned by different 
persons, we recommend adding the fo llowing language to sub-sectio n (1):  add "one or more of" 
before "economic rights of his work." 
Answer: 
This recommendation has been reflected in the dr aft amendments to the Law "On Supporting the 
Rights of Authors, Composers, Artists and Researchers." 
Question 103 
Cession or Transfer of Rights (Article 12):  Sub-section (2) is vague and does not explain what 
an author can do.  Please explain the meaning of this sub-section. 
Answer: 
Article 12(2) of the Copyright Law states that an author "cannot stop the person whom he has 
transferred the rights, but can withdraw to publish or broadcast his work or can bring a change in that, in which case he has to compensate for the losses of the person whom he had transferred the rights 
previously."  In other words, oncean author transf ers or surrenders his/her right(s) to another person, 
he/she cannot stop the transferee from using the transf erred rights.  However, as the author, he/she can 
withdraw publication and/or broadcasting of the wo rk, and also can make changes to the work.  
Withdrawing and or making changes to the work may cause some loses to transferee; accordingly, 
after any changes or withdrawal, the author is obl iged to appropriately co mpensate the transferee. WT/ACC/AFG/7 
Page 54  
 
 Question 104 
Cession or Transfer of Rights (Article 12):  Sub-section (5) appears to provide rights in a work 
to the government if no there are no heirs.  Please  explain how this is just ifiable in light of the 
copyright term protection set forth in Article 16. 
Answer: 
Article 16 of the Law "On Supporting the Rights of Authors, Composers, Artists and Researchers" 
sets forth copyright protection terms.  Article 12(5) does not curtail, ex tend, or in any way affect those 
copyright terms.  It merely governs ownership of economic rights under the described set of circumstances, during the period between the deat h of an author and the normal expiration of 
economic rights. 
Question 105 Selling or cessation of the original copy (Article 13):  This may be a translation issue, but the 
language is unclear.  It appears that the law is attempting to distinguish the rights in a physical 
object from the copyright.  If so, we recomm end replacing the language with the following 
language: 
- Transfer of ownership of any material obj ect, including the copy or phonorecord in 
which the work is first fixed, does not of itsel f convey any rights in the copyrighted work 
embodied in the object; nor, in the absence of an agreement, does transfer of ownership 
of a copyright or of any exclusive rights under a copyright convey property rights in any material object. 
Answer: 
This recommendation has been reflected in the dr aft amendments to the Law "On Supporting the 
Rights of Authors, Composers, Artists and Researchers". 
Question 106 
Publication of the work after the death (Article 14):  Please explain how this provision falls 
within the three step test in Article 13 of the TRIPS Agreement.  Please also explain the 
intended scope of this article, whether it  applies to never before published works. 
Answer: 
This provision applies to works not published by  the inheritors or successors of an author. 
It is confined to a certain special cases, name ly, cases where inheritors or successors do not publish a 
work which the Ministry of Information and Culture specifically deems in the interest of the public.  
It does not conflict with a normal exploitation of  the work, in that it only operates when the 
beneficiaries decline to publish the work both befo re and for a year following the notification by the 
Ministry.  In other words, the Ministry's publi cation would not displace demand for copies published 
by the beneficiaries.  Finally, it does not unreasonabl y prejudice the legitimate interests of the right 
holder(s) in that the provision requires both proper notice and reasonable compensation for the beneficiaries.  WT/ACC/AFG/7 
 Page 55 
 
 
 Question 107 
Exclusive Right of Phonogram (Article 15):   While  this may be a simple translation issue, we 
recommend amending sub-paragraphs 1 and 3 of this Article to read as follows:  
- (1) Direct or indirect reproduction of the phonogram in different forms any form . 
- (2) Providing Distributing  the phonogram. 
Answer: 
This is in fact a translation issue.  This recomme ndation is accepted and has been reflected in the draft 
amendments to the Law "On Supporting the Rights of  Authors, Composers, Artists and Researchers". 
Question 108 
Timeline to protect the works (Article 16):  
While the terms of protection provided for in this  Article are generally within compliance of the 
TRIPS Agreement and the Berne Convention, some of the provisions are too limiting.  Notably, 
Article 7 of the Berne Convention provides that the term of protection shall be the life of the author and fifty years after his death, regardl ess of whether the work has been published or 
broadcast.  Additionally, sub-paragraph (3) of the same Berne Article refers to works "lawfully 
make available to the public."  Therefore, th e following suggestions are necessary to ensure 
compliance with the terms of protection set forth in the TRIPS Agreement and the Berne 
Convention: 
(1) Provisions in Article six of this La w shall be protected under the following 
circumstances:  
1. Works published or broadcast during the life cycle of the author shall be protected 
Fifty calendar years after the author's  death, unless the author has decided 
differently in writing or unless otherwise set forth in this Article 16.   
 2. Joint works of authorship  published or broadcast during the life cycle of the authors 
shall be protected for fifty years after the death of the last author.  
 3. Works published or broadcast with metaphorical (pseudonym) names shall be 
protected for fifty years after the first year of lawful  publication. If the author is 
identified, the provisions of the clause 1 of this Article shall apply.  
 4. Works not published during the life cycle of the author and in the case of the joint 
work, that have not been published during the life cycle of the last author, shall be protected for fifty years effective from the first year of lawful  publication and 
broadcast.  
 5. Audiovisual works shall be protected for fifty years effective from the first year of 
lawful publication or broadcast.  
 6. Photography and painting (NOTE:  Paintings are artistic works that should be 
protected for the minimum term of life of the author plus fifty years)  works shall be 
protected fifty years effective from the first year of lawful  publication or broadcast.  
If the photography work is not published, then fifty years from the making of such a 
work. 
(2) Provisions of the Article 15 of this Law for the publication of the audiovisual work in the 
case of not being publicized and broadcast, effective from the date of phonogram's 
fixation shall be protected for fifty years.  (NOTE:  This provision should be deleted as the 
provision in section 1.1 is broad enough to en compass the audiovisual works discussed in WT/ACC/AFG/7 
Page 56  
 
 Article 15.  Additionally, again, Article 7 of  the Berne Convention requires protection for 
the life of the author plus fifty years, regardl ess of whether or not the work was published.)  
Answer: 
This recommendation has been reflected in the dr aft amendments to the Law "On Supporting the 
Rights of Authors, Composers, Artists and Researchers". 
Question 109 Start Date of the timeline for the protection of the work (Article 17):  As discussed in Article 16 
above, the TRIPS Agreement and the Berne Conv ention generally do not base the term of 
protection on whether the work has been published or broadcast.  Additionally, Article 7(5) of the Berne Convention provides that the term of protection shall always be deemed to begin on 
1 January of the year following the calculating event.  Please explain how this Article is in 
compliance with the terms of protection and methods of calculation provided for in the Berne Convention. 
Answer: 
The suggestion is accepted.  Under pending amendm ents to the Law "On Supporting the Rights of 
Authors, Composers, Artists and Researchers," this provision now reads as follows: 
 Article 16:  Start and Termination Date of  the timeline for the protection of the work 
(1) If the timeline of the protection under Article  15 of this Law starts from the date of 
the publication and broadcast, therefore the fi rst date of the publication shall be the 
date for the protection timeline unless the au thor when reproducing the work brings 
fundamental changes in the work in way th at results into a new work.  If the work 
consists of several components or is publis hed in different phases, the timeline for the 
protection shall be accounted for each component as a separate work. 
(2) Where the term of protection under Article  16 of this Law is calculated on a basis 
other than the life of a natural person, the protection term shall be calculated from the 
end of the calendar year of authorized pub lication, or, if there is no authorized 
publication within fifty years from the ma king of the work, from the end of the 
calendar year of the creation of the work. 
Question 110 
Ownership of the work based on an agreement (Art icle 18):   This provision appears to reverse 
the basic principles of ownership in a copyright.  Specifically, the author of a work is always the 
owner of the copyright, unless the parties enter into a written contract stating otherwise.  
Therefore, we recommend amending this Article to read as follows: 
- If an author based on a contract creates a work for the owner of the broadcasting 
organization, the rights of this work belongs to the author and not to the owner of the 
broadcasting organization unless the agreement states differently.  
Answer: 
This recommendation has been reflected in the dr aft amendments to the Law "On Supporting the 
Rights of Authors, Composers, Artists and Researchers".  WT/ACC/AFG/7 
 Page 57 
 
 
 Question 111 
Reproduction (Article 19):  This Article provid es broadcasting organizations with the right to 
reproduce its publications.  It must be made clear in the language of the law that the right is 
exclusive to the broadcasting organization.  Plea se also explain if "publications" actually means 
programming. 
Answer: 
The suggestion is accepted.  The first part of Article 19 of the Law "On Supporting the Rights of 
Authors, Composers, Artists and Researchers" will be deleted, as it overlaps references exclusive rights treated more completely elsewhere in the la w.  The remaining provisi on has been redrafted to 
comply in full with Article 14(5) of the TRIPS Agreement. 
"Publication" in the Copyright Law does mean "programming." 
Question 112 
Reproduction (Article 19):  Further to Article 14(5) of the TRIPS Agreement, this Article must 
also be amended to clarify that the term of prot ection is calculated from the end of the calendar 
year in which the broadcast took place. 
Answer: 
This recommendation has been reflected in the dr aft amendments to the Law "On Supporting the 
Rights of Authors, Composers, Artists and Researchers". 
Question 113 
Reproduction (Article 19):  Please explain where in its Law Afghanistan provides the right of 
reproduction for literary and artistic works, as required by Article 9 of the Berne Convention. 
Answer: 
While the current law does not provide for this right , pending amendments to the copyright law, at 
Article 9, provide for reproduction rights in accord w ith Article 9(1) and (3) of  the Berne Convention.  
Related and extensive amendments to Article 9 of the Copyright Law provide for complete economic 
rights to the extent required under Articles 2, 8, 9, 11, 11 bis, 11ter, 12, and 14 of the 
Berne Convention, and Article 11 of the TRIPS Agreement. 
Question 114 
Obligations of the Broadcasting Organization (A rticle 20):  We recommend adding "lawfully" 
before "print, publish, disseminate" to clarif y that this relates to only lawful uses. 
Answer: 
This recommendation has been reflected in the dr aft amendments to the Law "On Supporting the 
Rights of Authors, Composers, Artists and Researchers". WT/ACC/AFG/7 
Page 58  
 
 Question 115 
Exclusive rights of the Broadcasting Organization (Article 21):  Article 14(3) of the 
TRIPS Agreement, provides broadcasting organizatio ns with the exclusive rights to authorize 
or prohibit the following acts:  (i) the fixation,  the reproduction of the fixations, and, (ii) the 
rebroadcasting by wireless means of broadcasts, as well as the communication to the public of 
television broadcasts of the same.  While this Article attempts to comply with the rights 
provided for in the TRIPS Agreement, it falls shor t.  Specifically, this Article does not provide 
the right to prohibit or authorize fixation, rebroadcasting by wireless means of broadcasts.  It is also not clear from the language what is mean t by "public awareness" in sub-paragraph 2 of 
this Article, and whether it is an attempt to comply with the right to prohibit or authorize 
communication to the public of television broadcasts.  Therefore, this Article must be amended 
to more clearly and fully comply with Article 14(3) of the TRIPS Agreement. 
Answer: 
The suggestion is accepted.  This Article of the Law "On Supporting the Rights of Authors, 
Composers, Artists and Researchers" (currently re -designated as Article 20), has been amended to 
read as follows: 
 Article 20:  Exclusive Rights of Broadcasting Organizations 
Broadcasting organizations shall have the follo wing exclusive rights with respect to their 
broadcasts:  
1. Fixation of broadcast;  
2. reproduction of fixations; 
3. rebroadcasting by wireless means; and 
4. Communication to the public of television broadcasts. 
Question 116 
Protection of the performer's rights (Article 22):  Further to Article 14(5) of the 
TRIPS Agreement, this Article must be amended to clarify that the term of protection is 
computed from the end of the calendar year in  which the fixation was made or performance 
took place. 
Answer: 
The suggestion is accepted.  This Article has been ex tensively revised to incorporate the requirements 
of Article 14(5) of the TRIPS Agreement.  Paragrap h 2, Article 22 (currently Article 21) of the Law 
"On Supporting the Rights of Authors, Composers, Artists and Researchers" has been amended to 
read as follows: 
(2) Performer's rights shall be attributed to him/her for fifty years computed from the end 
of the calendar year in which the performance took place.  
Question 117 
Protection of the performer's rights (Article 22):  Additionally, while this provision provides the 
term of protection for performer's rights, it does not enumerate what those rights are.  
Please explain where in the Law Afghanistan provi des the rights of performers as enumerated 
in Article 14(1) of the TRIPS Agreement.   WT/ACC/AFG/7 
 Page 59 
 
 
 Answer: 
The suggestion is accepted. Article 22 (currently Article 21) of the Law "On Supporting the Rights of 
Authors, Composers, Artists and Researcher s" has been amended to read as follows: 
Article 21: Rights of producers and Performers; Term of Protection 
(1) Performers shall have the ri ght to prevent the following: 
1. the unauthorized aural fixation of their unfixed performances; 
2. the reproduction of such a fixation; and 
3. the unauthorized broadcasting by wirel ess means and the communication to the 
public of their live performances. 
(2) Performer's rights shall be attributed to him/her for fifty years computed from the end 
of the calendar year in which the performance took place. 
Question 118 
Use of the privileges of a joint work (Article 23 ):  While this Article provides that authors of 
joint works are entitled as the owner of the economical rights, the language needs to be 
amended to clarify that authors of joint owners each own the copyright in the work. 
Answer: 
This recommendation has been reflected in the dr aft amendments to the Law "On Supporting the 
Rights of Authors, Composers, Artists and Researchers". 
Question 119 
Profit from a joint work (Article 24):  Generally , joint authors have an undivided ownership in 
the entire work, and each owner can use or licence th e work as he/she sees fit, as long as each 
accounts for the profits to the other joint owners.  This Article, however, provides rights of joint 
authors in the case where each one's role is "identif ied," and only allows each to use their share.  
Please explain where in the Law Afghanistan provides for the rights of joint authors in the case 
that their work is indivisible.   
Answer: 
Articles 23 to 28 of the Law "On Supporting the Rights of Authors, Composers, Artists and 
Researchers" deal in general with the use of shar es in a joint work.  Artic le 24 governs the special 
case where each author's role can be identified. 
Question 120 
Exclusive Right of a joint musical work (Article  25):  Similar to Article 24 above, this Article 
appears to divide the components of joint work s and enumerates separable rights for the author 
of each component.  Separating the components of joint works as indicated in Articles 24 and 25 
contradicts the definition provided for "Joint Work" as well as accepted application of copyright laws to joint works.  Therefore, these provisions should be amended to conform to the 
definition of "Joint Work" in Article 3(4). WT/ACC/AFG/7 
Page 60  
 
 Answer: 
This recommendation has been reflected in the dr aft amendments to the Law "On Supporting the 
Rights of Authors, Composers, Artists and Researchers". 
Question 121 
Concessionaire of Collective Work (Article 27):  This provision is unclear, perhaps due to the 
translation.  Please explain if this Article is attempting to state that the owner of a collective 
work owns the work as a whole, but that th e authors of any individual works still retain 
ownership of their original works in corporated into a collective work? 
Answer: 
This must be a translation issue: The owner of a collective work indeed owns the wo rk as a whole, but the authors of any individual 
works still retain ownership of their original wo rks incorporated into a collective work, unless 
otherwise agreed. 
Question 122 
Non-prevention of Production or Display of Co llective Work (Article 28):  Collective works are 
a collection of individual parts merged into one work under the guidance of one individual or 
entity, and that individual or entity publishes th e work in his own name.  Please clarify how this 
Article relates to the definition for "Collective Work" in Article 3(3).  
Answer: 
Under recent amendments, a collective work is defi ned as "a collection of literary or artistic works 
such as encyclopaedias and anthol ogies which, by reason of the se lection and arrangement of its 
contents, constitutes an intellectual creation. Such works ar e created under the guid ance of a natural or 
legal person who undertakes to publish the work in his name and under his supervision."  
Draft amendments have been prepared in complianc e with Article 2(5) of the Berne Convention, to 
coordinate with amended Articles 6(13) and 8(3) of the Law, and to reflect recommendations in 
various Working Party questions.  
Question 123 Right of referral to court (Article 30):  Because the author may not be the owner of the rights 
(as they could be transferred pursuant to Article 12), we recommend replacing "Author/Owner of the right of the Work" with "The owner of a right in a work" in sub-section (1). 
Answer: 
This recommendation has been reflected in the dr aft amendments to the Law "On Supporting the 
Rights of Authors, Composers, Artists and Researchers".  WT/ACC/AFG/7 
 Page 61 
 
 
 Question 124 
Penalties (Article 31)  Please confirm that there a re penalties for violations of any of the rights 
enumerated in this Law. 
Answer: 
General penalties are set out in the Criminal C ode and Criminal Procedure Code, but specific 
penalties with regard to copyright issues are containe d in  the Copyright Law.  To prevent and address 
violations in accord with Article 61 of the TRIPS Agreement, draft amendments to Article 31 of the 
Law "On Supporting the Rights of Authors, Composer s, Artists and Researchers" have been prepared 
to read as follows: 
"Persons found guilty of willful copyright pira cy on a commercial scale in Afghanistan shall 
be sentenced to at least one but no more than th ree years' imprisonment, and shall be fined an 
amount of at least 50,000 but not more than 100,000 Afghanis.  In both cases, the adjudicating court may order seizure, forfeiture  and destruction of infringing goods, and of 
any materials or implements used to commit the violation. Sanctions imposed under this 
paragraph must be sufficient under the circum stances to provide a deterrent to future 
violations." 
Question 125 
Protection of Works Created before the Enforcement  of this Law (Article 34):  This provision 
should be limited to works that have not already  fallen into the public domain per Article 18 of 
the Berne Convention. 
Answer: 
This recommendation has been reflected in the dr aft amendments to the Law "On Supporting the 
Rights of Authors, Composers, Artists and Researchers". 
Question 126 
Exclusive Right of publicizing and broadcasting correspondences (Article 37):  There appears to 
be a contradiction in the language of this Arti cle, and with respect to the very essence of the 
exclusive right to publish one's work.  Specifica lly, while granting the author of a letter the 
exclusive right to publish the letter, the Article hinders the right by giving the recipient control 
over the exercise of that right.  Please explain how the second sentence of this Article is in 
compliance with Article 11 ter(1)(ii) of the Berne Convention. 
Answer: 
We will review this article again and will clarify consistency with the Bern e Convention, subjecting 
the right to publish letters to applicab le libel, defamation and privacy laws.  WT/ACC/AFG/7 
Page 62  
 
 Question 127 
Publicizing/broadcasting picture or recordin g voice (Article 38):  We note that 
sub-paragraph (2) of this Article appears to gr ant a copyright over a photograph, portrait, film, 
or recorded voice to a person who is represented in the work, not to the author/owner of the 
work.  Such a provision is contrary to the TR IPS Agreement and the Berne Convention because 
only the author/owner of a work can exercise copyrights such as the authorization of 
publication.  We recommend that this paragraph be  amended or deleted to address this matter. 
Answer: 
This recommendation has been reflected in the dr aft amendments to the Law "On Supporting the 
Rights of Authors, Composers, Artists and Researchers". 
Question 128 Reproduce of work (Article 39):  Sub-paragraph (1 ) of this Article should be limited to the 
reproduction of a single copy.  We also think that the language is overbroad in that it allows the 
reproduction of an entire digital database. 
Answer: 
This recommendation has been reflected in the dr aft amendments to the Law "On Supporting the 
Rights of Authors, Composers, Artists and Researchers". 
Question 129 
Reproduce of work (Article 39):  The reference to "publishing" in sub-paragraph (2) of this 
Article should be deleted.  The author/owner of a computer program enjoys the exclusive right of publication – the owner of a copy of a computer program does not enjoy the right to publish. 
Answer: 
This recommendation has been reflected in the dr aft amendments to the Law "On Supporting the 
Rights of Authors, Composers, Artists and Researchers". 
Question 130 
Situations of use of work and adoption (Article  40):  We note that sub-paragraph (2) of this 
Article could be interpreted to permit unli censed/unauthorized widespread photocopying and 
other reproductions, in both educational and commercial organizations.  Therefore, we 
recommend deletion of the sub-paragraph. 
Answer: 
This recommendation has been reflected in the dr aft amendments to the Law "On Supporting the 
Rights of Authors, Composers, Artists and Researchers". 
Question 131 Deposit Certificate (Article 41):  Article 5(2) of the Berne Convention, prohibits subjecting 
copyrighted works to formalities.  Therefore, this  Article should be amended to make clear that 
seeking a deposit certificate is optional.  WT/ACC/AFG/7 
 Page 63 
 
 
 Answer: 
This recommendation has been reflected in the dr aft amendments to the Law "On Supporting the 
Rights of Authors, Composers, Artists and Researchers". 
Question 132 
Public Broadcasting of Work (Article 42):  Further to Article 10 bis of the Berne Convention, 
this Article should be limited to speeches and lectures on current events.  
Answer: 
Draft amendments to Article 42 has been amende d accordingly, assuming that the question is meant 
to cite Article 2 bis of the Berne Convention, which deals with lectures and speeches.  
Question 133 
Display of Work (Article 43):  Please explain how this provision falls within the three-step test 
of Article 13 of the TRIPS Agreement.  We also note that the Article would apply to all bands, 
not just government or military bands. 
Answer: 
Article 43 does not fall within the three step test of  Article 13 of the TRIPS Agreement.  This Article 
has been extensively revised to comply with the re quirement of Article 13 of the TRIPS Agreement.  
This recommendation has been reflected in the dr aft amendments to the Law "On Supporting the 
Rights of Authors, Composers, Artists and Researchers". 
Question 134 
Translation of Foreign Work (Article 44):  It ap pears that sub-paragraph (1) of this Article is 
intended to establish a translation and reproduction licensee of the sort provided for in 
Article II of the Appendix to the Berne Conventi on.  There are a few amendments necessary for 
Afghanistan to properly implement the safegu ard and specificity requirements of that 
Appendix.  Please see the following prop osed amendments for sub-paragraph (1): 
- (1) Any Afghan citizen may obtain from the Ministry of Information and Culture a non-
exclusive and non- transferable  licence for the translation of a foreign Work, published in 
a printed or analogous  form of reproduction  or any other form, and for the Publication 
of this translation in a printed or analogous  form of reproduction  or any other form, 
after three Years from the date of the first Publication of this Work and provided that 
no translation of this Work was previously  published in the State by the owner of the 
translation right or with his or her consent or upon the depletion of the translated editions.  WT/ACC/AFG/7 
Page 64  
 
 Answer: 
The suggestion is accepted.  Article 44 of the Copy right Law has been amended as follows, and some 
of the detailed requirements of Articles II and III of  the Berne Convention A ppendix will be contained 
in separate regulations:  
Article 44:  Translation of Foreign Work 
(1) Notwithstanding the provisions of Article 9 of the Law pertaining to exclusive rights 
to the preparation of derivative works,  any Afghan citizen may obtain from the 
Ministry of Information and Culture a non-exclusive and non-assignable licence for the translation of a foreign work, published in a printed form or any other form, into a language in general use in Afghanistan, and fo r the publication of this translation in a 
printed form or any other form, after three years from the date of the first publication 
of this work and provided that no translation of this work was previously published in the State by the owner of the translation right or with his or her consent or upon the depletion of the translated editions. 
(2) Any Afghan citizen may obtain from the Ministry of Information and Culture a 
non-exclusive and non-assignable licence to  reproduce and publish any published 
work according to the following conditions:  
 2- Lapse of seven years from the first publication of works of fiction, 
poetry, drama and music, and for art books, or after five years from the first publication of all other works. 
Question 135 
Translation of Foreign Work (Article 44):  It ap pears that sub-paragraph (2) of this Article is 
intended to establish a limitation on the right of reproduction of the sort provided for in 
Article III of the Appendix to the Berne Convention.  Initially, it should be noted that Article III 
of the Appendix is intended to substitute Article 9 of the Berne Convention, rather than an additional right.  Additionally, Article III of  the Appendix is limited to works published in 
printed or analogous forms of reproduction, but the Afghan Law appears to apply it to 
broadcasted work and works of theatre and music.    Therefore, we ask that Afghanistan please 
confirm that they intend to apply Article III of the Appendix in lieu of Article 9 of the Berne Convention, and ensure that the language in the law fully complies with the safeguard 
and specificity requirements of that Appendix.  If the provisions of sub-paragraph (2) are 
deleted and Afghanistan relies on Article 9 of the Berne Convention instead, then 
sub-paragraphs (3) and (4) shou ld be amended accordingly. 
Answer: 
The suggestion is accepted.  Please s ee response to previous Question. 
Question 136 
Protection of National Folklore (Article 45):  We  recommend deleting this Article because it 
provides a perpetual protection for folklore, wh ich goes beyond the scope of copyright law.  WT/ACC/AFG/7 
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 Answer: 
This recommendation has been reflected in the dr aft amendments to the Law "On Supporting the 
Rights of Authors, Composers, Artists and Researchers". 
Question 137 
Publisher of Work (Article 46): The Articl e appears to use the terms "producer" and 
"publisher" interchangeably, and limits the scope  of protection for both to tapes and their 
copies.  The Article also makes reference to co -authors of audiovisual works and authors of 
literary and musical works in the publication.  Please explain the intent and scope of this 
Article.   
Answer: 
This recommendation has been reflected in the dr aft amendments to the Law "On Supporting the 
Rights of Authors, Composers, Artists and Researchers". 
Question 138 
Applicable Areas of this Law (Article 47):  The Berne Convention requires that member states 
provide the same copyright protection to nation als and residents of other member states that it 
provides to its own nationals and residents.  Pl ease explain how this Article is in compliance 
with the Berne Convention requirement of na tional treatment (See Articles 3 to 5 of the 
Berne Convention). 
Answer: 
Substantial draft amendments to th is Article have been prepared in  order to achieve compliance with 
Article 1(3) of the TRIPS Agreement, Articles 3 and 4 of the Berne Convention, or Articles 4, 5 and 6 
of the Rome Convention.  The revised version is as follows: 
 Article 47:  Applicability 
 (1) The provisions of this Law sh all apply to the following works:  
1. work of Afghan authors (Citizens of Afghanistan) or Afghanistan habitual 
residents, or of citizens or habitual residents of countries with which Afghanistan 
has concluded applicable intellectual property treaties; 
2. Works, without a consideration of their author's country of origin or residence, 
that are published in another country for the first time, and also published within 
30 days within Afghanistan or within any other country referenced in paragraph 1(1) of this Article.  
3. Authors of audiovisual works whose producers have their headquarters or 
habitual residence in Afghanistan, or in any other country referenced in 
paragraph 1(1) of this Article. 
4. Architecture works that have been produ ced in Afghanistan, or in any other 
country referenced in paragraph 1(1) of this Article, or other artistic works that 
have been incorporated in a building or other structure located in Afghanistan, or 
in any other country referenced in  paragraph 1(1) of this Article. 
5. Performers whose performance takes place in Afghanistan, or in any other 
country referenced in paragraph 1(1)  of this Article; any performance 
incorporated in a phonogram protected unde r paragraph 1(6) of this Article; and WT/ACC/AFG/7 
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 any unfixed performance carried by a broadcast protected under paragraph 1(7) 
of this Article.  
6. Producers of phonograms who are citizens or  habitual residents of Afghanistan, 
or of any other country referenced in pa ragraph 1(1) of this Article, as well as 
phonograms first fixed or published in any such country.  A phonogram first 
published outside any such country but also  published, within thirty days of its 
first publication, in such a country, shall be considered as first published in such 
a country.  
7. Broadcasting organizations headquartered in  Afghanistan, or in any other country 
referenced in paragraph 1(1) of this  Article, and broadcasts transmitted from a 
transmitter situated in any such country.  
Article 2: (2) The provisions of this Law sh all apply to works, performances, phonograms 
or broadcasts in existence at the time of its entry into force, provided that the 
protection period had not lapsed under a previous legislation.  
(3) The provisions of this Law shall not a pply to contracts concerning works artistic 
performances, phonograms or broadcasts, which were concluded prior to its entry into 
force. 
Question 139 
Additional Treaty Provisions To Incorporate Into Proposed Legislation: Article 2(8) of the Berne Convention:  Plea se explain where in its Law Afghanistan provides 
that the Law shall not apply to news of the day or to miscellaneous facts having the character of 
mere items of press information. 
Answer: 
The following has been added to the draft amendments to the Law "On Supporting the Rights of 
Authors, Composers, Artists and Researchers:"  
 Article 6:  Works to be protected 
(4) Protection under the provisions of this Law shall not apply to news of the day or to 
miscellaneous facts having the character of mere items of press information. 
Question 140 
Article 10(1) of the Berne Convention:  The Bern e Convention states that it is permissible to 
"make quotations from a work which has already  been lawfully made available to the public, 
provided that their making is compatible with fair practice, and their extent does not exceed 
that justified by the purpose, including quotation s from newspaper Articles and periodicals in 
the form of press summaries."  Please explain where this is set forth in the Afghan Law. 
Answer: 
The following has been added to the draft amendments to the Law "On Supporting the Rights of 
Authors, Composers, Artists and Researchers":   WT/ACC/AFG/7 
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  Article 39:  Reproduction or Q uotation of a Published Work 
(3) Any person may make quotations from a work  which has already been lawfully made 
available to the public, provided that such u se is compatible with fair practice, does 
not exceed the volume justified by the purpose for which the quotation is made. 
Question 141 
Article 18 of the Berne Convention requires applic ation of the law "to all works which, at the 
moment of its coming into force, have not yet fallen into the public domain in the country of 
origin through the expiry of the term of protection."  Please explain where in its Law 
Afghanistan incorporates Article 18 of the Berne Convention. 
Answer: 
Draft amendments to Article 34(1) of the Law "On Supporting the Rights of Authors, Composers, 
Artists and Researchers" has been amended to clarif y that works created prior to the enforcement of 
the law, but which have not fallen into the pub lic domain at such time, are protected.   
Question 142 
Article 9(2) of the TRIPS Agreement provides that "copyright protection shall extend to 
expressions and not to ideas, pr ocedures, methods of operation or mathematical concepts as 
such."  Please explain where in its Law Afgh anistan incorporates Article 9(2) of the 
TRIPS Agreement.  To the extent that it is not yet incorporated, Afghanistan may consider 
providing the language of Article 9(2) of the TRIPS Agreement into Article 8 of the Afghan Law. 
Answer: 
The suggestion is accepted.  In compliance with Ar ticle 9(2) of the TRIPS Agreement, the following 
draft amendments have been prepared for Artic le 6(3) of the Law "On Supporting the Rights of 
Authors, Composers, Artists and Researchers": 
 (3) Protection under the provisions of this  Law shall apply to expressions, but not to 
ideas, procedures, and methods of ope ration or mathematical concepts. 
Question 143 Article 10(2) of TRIPS Agreement excludes from th e protection of compilations the data itself in 
the compilation of data.  Please explain where in  its Law Afghanistan incorporates the exclusion 
provided for in Article 10(2) of the TRIPS Agreement.  To the extent that it is not yet incorporated, Afghanistan may consider providing th e exclusion language of Article 10(2) of the 
TRIPS Agreement into either Article 8 of the Af ghan Law, or in the suggested language for 
sub-paragraph (16) of Article 6 above. WT/ACC/AFG/7 
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 Answer: 
The suggestion is accepted.  In compliance with Ar ticle 10(2) of the TRIPS Agreement, Law draft 
amendments to Article 3(10) has b een prepared to read as follows:  
 10. Compilation:  A compilation of existing da ta or other material, whether in machine 
readable or other form, whose contents are selected, coordinated or organized in such 
a way as to constitute an intellectual crea tion. "compilations" shall also include 
collective works. 
Question 144 
Exclusive Rights:  To the extent that Afghan istan does not adopt the suggested language for 
Article 9 of its Law above, Afghanistan must ex plain where in its Law it provides the following 
exclusive rights: 
- Exclusive right of authorizing the reproduction of literary or artistic works provided for 
in Article 9 of the Berne Convention; 
- Exclusive right of authorizing the public performance or public communication of 
dramatic, dramatico-musical or musical works provided for in Article 11 of the 
Berne Convention; 
- Exclusive right of authorizing the broadcast or communication to the public of literary 
or artistic works provided for in Article 11 bis of the Berne Convention; 
- Exclusive right of authorizing the public re citation or communication to the public of 
the recitation of literary or artistic works provided for in Article 11 ter of the 
Berne Convention; 
- Exclusive right of authorizing adaptations, arrangements, and other alterations of 
literary or artistic works provided for in Article 12 of the Berne Convention; and 
- Exclusive right of authorizing cinematographic adaptation, reproduction, distribution, 
public performance and public communication of  literary or artistic works provided for 
in Article 14 of the Berne Convention. 
Answer: 
The suggestion is accepted.  In compliance with Be rne Convention Article 9(1) and (3), Afghanistan 
has recently prepared draft amendments to Law "O n Supporting the Rights of Authors, Composers, 
Artists and Researchers involving economic rights and the exclusive right of authorizing the 
reproduction. In the pending amendments, all Berne and TRIPS based economic rights are 
enumerated clearly, much like moral rights ar e now listed in Article 11(2) of the Law. 
The following is the current amended article:  
 Article 9:  Economic Rights 
 Authors or other owners of copyrights have the exclusive rights to exercise, authorize or 
prohibit the following with respect  to their protected works:  
 - reprinting (reproducing), including sound and visual recording 
 - preparation of derivative works 
 - any public  distribution, including distribution of derivative works, as well as 
commercial rental to the public of originals or copies of protected motion pictures and computer programs, except in the case of rentals involving a computer program which itself is not the essential object of the rental.  WT/ACC/AFG/7 
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  - public performance of derivative works, as well as dramatic, dramatico-musical and 
musical works. 
 - Communication to the public of performance s of works, including derivative works, 
and, during the full term of the author's rights in an original dramatic or dramatico-musical work, the same rights w ith respect to translations thereof.  
 - broadcasting and other wireless communi cations, public communication of broadcast 
by wire or rebroadcast, and public communi cation of broadcast by loudspeaker or 
analogous instruments of literary and artistic works. 
 - public recitation, and communication to th e public of recitations, of literary works 
and, during the full term of the author's ri ghts in original literary works, the same 
rights with respect to translations thereof. 
 - reprinting (reproducing), including sound and visual recording. 
 (b) Trademarks, including service marks 
Question 145 Concerning Afghanistan's new Law "On Tradem arks Registration" of 1 September 2009, 
Article 3 of the Law defines a well-known mark as "a mark used in two or more countries."  
Could the delegation of Afghanistan clarify on wh ether a mark would have to be well known in 
Afghanistan in order to receive well-known mark protection?  
Answer: 
Under pending amendments to Article 8, marks de termined to be "well-known in Afghanistan for 
identical or similar goods" may not be used or registered as trademarks. 
Question 146 The response to Question 144 of document WT/ACC/AFG/5 states that a draft Law "On 
Geographical Indications" will be prepared in 2010.   What is the status of the preparation of 
this Law "On Geographical Indications"?  Ho w will the Law "On Geographical Indications" 
address the principles of priority and exclusivit y in the relationship between trademarks and 
geographical indications? 
Answer: 
The draft law governing geographical indications has been finalized at the MoCI and is available 
through document WT/ACC/AFG/7/Add.1. 
With regard to priority and exclusivity in th e relationship between trad emarks and geographical 
indications, the draft law provides, at Article 24, that "Nothing in this Law shall prejudice rights in 
trademark that have been applied for or register ed in good faith, or acquired through use in good faith, 
under the Trademark Law of 2009, as amended".  Furthe r, Article 8(8) of the trademark law prohibits 
use or registration as trademarks of "geographical  names, where the use thereof may cause confusion 
as to the origin or source of the goods, products or services." WT/ACC/AFG/7 
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  (e) Patents 
Question 147 The reply to Question 138 of document WT/ACC/A FG/5 states that laws covering substantive 
IP areas under the TRIPS Agree ment are to be drafted in 2010.  Could the delegation of 
Afghanistan provide an update on progress in this area? 
Answer: 
The following IP-related draft Laws have been pr epared.  They are available through document 
WT/ACC/AFG/7/Add.1: 
1. Draft Amendments to the Law "On Supporting th e Rights of Inventors and Discoverers" of 
31 April 2009 (Patents Law); 
2. Draft Amendments to the Law "On Trademarks Law "On Trade Marks Registration"" of 
1 September 2009; 
3. Draft Amendments to the Law " On Supporting th e Right of Authors, Composers, Artists, and 
Researchers" of 26 July 2008 (Copyrights Law); 
4. Draft Law "On Geographical Indications (new); 
5. Draft Law "On Industrial Designs (new); 
6. Draft Amendments to the Civil Pr ocedure Code of 22 August 1990; 
Effort to draft the following laws has been initiate d.  The drafting process will be completed in 2012  
Drafts will be shared with WTO Working Pa rty members during the second half of 2012: 
7. Draft Law "On Trade Secrets (undisclosed info); 
8. Draft Law "On Topography of Integrated Circuits; 
9. Draft Law "On Unfair Competition; 
10. Draft Law "On Optical Disks; 
11. Draft Law "On Plant Variety Protection or Draft Amendments to the Law "On Seeds"; and 
12. Legislation on Ex Officio  Intellectual Property Border Enforcement. 
Question 148 
The reply to Question 138 of document WT/ACC/AFG/5 states that the 2008 Patent Law 
provided to the Working Party is undergoing  review for TRIPS Agreement compliance and 
appropriate amendments will be de veloped in 2010.  Given that a var iety of questions relating to 
the TRIPS Agreement compliance are raised by this law, we would like an update as to 
Afghanistan's progress in reviewing this la w and developing appropriate amendments. 
Answer: 
Necessary draft amendments to the 2008 Patent  Law in accordance with the TRIPS Agreement - 
covering such issues as patentability, exclusive right s, compulsory licensing, and cancellation - have 
been developed.  WT/ACC/AFG/7 
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  (i) Any other categories of intellectual property 
Question 149 With respect to Question 145 of document WT/ACC/AFG/5:  Could Afghanistan explain 
whether it intends to draft a law on the legal protection of the topographies of integrated circuits? 
Answer: 
Afghanistan has launched the process of drafting a Law Topography of Integrated Circuits.  A draft is 
expected to be completed and finalized in 2012. 
VI. TRADE-RELATED SERVICES REGIME 
Question 150 
With respect to Question 147 of document WT/ACC/AFG/5: Could Afghanistan inform 
whether the special recruitment procedures for foreign employees approved by MolSA and 
MoFA are in place? 
Answer: 
The special recruitment procedures for foreign empl oyees have not yet been approved by the Ministry 
of Labour, Social Affairs, Martyrs, and Disabled (MoLSAMD).  
Question 151 
With respect to Question 147 of document WT/ACC/AFG/5: What are the reasons for 
requesting that foreign citizens have two health certificates, one from their country of citizenship and one from the Ministry of Public Health of Afghanistan? 
Answer: 
Two certificates (one from their country of citizenship  and one from the Ministry of Public Health of 
Afghanistan) are required due to the following reasons: 
- Make use of foreign medical institutions  which are generally more developed; 
- There is a need to obtain medical certificate upon arrival to Afghanistan to review the latest 
health status in case of change in conditions since obtaining of the foreign certificate; and 
- To check for certain diseases in case tests fo r such diseases were not covered in medical 
examination at the country of citizenship. 
Question 152 
We have a follow up question with respect to th e answer given to Question 150 of document 
WT/ACC/AFG/5:  We understand that this information has not yet been provided.  Could Afghanistan please confirm when in 2011  this information will become available? WT/ACC/AFG/7 
Page 72  
 
 Answer: 
Afghanistan will provide to the Working Party in formation in the format of document WT/ACC/5 
"Information on Policy Measures Affecting Trade in Services" detailing all current measures related 
to market access, national treatment, and most-favored nation treatment early 2012. 
VII.  TRANSPARENCY 
Question 153 
The response to Question 159 of document WT/ ACC/AFG/5 states that Afghanistan has no legal 
requirements or practice for publication and comme nt for domestic laws, regulations, and other 
measures of general application that become le gally enforceable.  This causes great concern and 
raises serious questions as Afghanistan's readi ness to accept and implement requirements for 
transparency in the publication of relevant legal acts and other measures as provided for in the 
WTO Agreement. 
Article X of the GATT 1994 requires the prompt publication of laws, regulations, judicial 
decisions and administrative rulings of general a pplication covering, inter alia, classification or 
the valuation of products for customs purposes; rates of duty, taxes or other charges; 
requirements, restrictions or prohibitions on imports or exports; or affecting the sale, 
distribution, transportation, insurance, wareh ousing inspection, exhibition, processing, or 
mixing of imported or exported goods.  The pub lication of these legal acts must be in such a 
manner as to enable governments and traders to become acquainted with them. This also includes agreements affecting international trade policy which are in force between the 
Government or a governmental agency of any other WTO Member. 
The foregoing obligations are only a start.  Other WTO Agreements have additional 
transparency requirements, e.g ., for Import Licensing, Custom s Valuation, TBT, SPS, to name 
only a few.  What steps has Afghanistan taken to date to begin the process of implementing 
these obligations?  What plans are in place to address these deficiencies? 
Answer: 
The common practice in Afghanistan is that draft legi slation are directly shared with interested parties 
for commenting.  Interested parties may also be inv ited to participate in lega l drafting working groups 
or in public fora (e.g. conference/se minar to discuss draft legislation).  
In preparing new legislation for conformity with WTO Agreements (e.g. TBT, SPS, Customs 
Valuation), Afghanistan will be taking into account specific transparency requirements stipulated in 
these agreements.  
Afghanistan will adopt legal provisions that will (i) re quire foreign trade-related draft legislation to be 
published for commenting by interested parties; (ii) require that foreign trade related legal act will 
come into force no earlier than 30 days after official  publication or a longer period, if specified in law 
or required under an international agreement to whic h Afghanistan is a signatory.  Exception from this 
provision are emergency measures where a legal act re lated to foreign trade can come into force upon 
official application but need to be notified imme diately to relevant international organizations in 
which Afghanistan is a Member. 
 
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