RESTRICTED  WORLD TRADE  
ORGANIZATION  WT/ACC/YEM/21 
19 May 2008 
 (08-2299) 
Working Party on the 
Accession of Yemen Original:   English 
 
 
 
ACCESSION OF YEMEN 
 
Additional Questions and Replies  
 
 
 The following submission, dated 6 May 2008, is being circulated at the request of the Delegation of the Republic of Yemen.   
_______________  WT/ACC/YEM/21 
 Page i 
 
 
TABLE OF CONTENTS 
 
II. ECONOMIC POLICIES..........................................................................................................1  
- Investment Regime.............................................................................................................. ......1  
- State Ownership, Privatization and State-trading Entities...................................................1  
IV. POLICIES AFFECTING TRADE IN GOODS .....................................................................4  
- Trading Rights ................................................................................................................. .........4  
A. IMPORT REGULATIONS......................................................................................................6  
- Ordinary cust oms duties ........................................................................................................ ..6 
- Other duties and charges....................................................................................................... ...7 
- Fees and charges for services rendered...................................................................................7  
- Application of internal  taxes to imports .................................................................................9  
- Quantitative import restrictions, includi ng prohibitions, quotas and licensing 
systems ........................................................................................................................ ...............9  
- Customs valuation.............................................................................................................. .....13  
- Anti-dumping, countervailing duties, safeguard regimes ...................................................14  
C. INTERNAL POLICIES A FFECTING FOREIGN TRADE IN GOODS .........................14  
- Industrial policy, including subsidies....................................................................................14  
- Technical barriers to trade, standards and certification.....................................................15  
- Sanitary and phytosanitary measures...................................................................................18  
- Trade-related investment measures ......................................................................................20  
- Free zones, special economic areas........................................................................................21  
V. TRADE-RELATED INTELLECTUAL  PROPERTY REGIME.......................................21  
- GENERAL........................................................................................................................ .......21  
- SUBSTANTIVE STANDARDS OF PROTECTION, INCLUDING 
PROCEDURES FOR THE ACQUISITION AND MAINTENANCE OF 
INTELLECTUAL PROPERTY RIGHTS ...........................................................................22  
- Copyright and related rights..................................................................................................2 2 
- Trademarks, including  service marks...................................................................................22  
- Geographical indications, including appellations of origin.................................................22  
- Industrial designs............................................................................................................. .......22  
- Patents........................................................................................................................ ..............23  
- Requirements on undisclosed information, including trade secrets and test data............23  
- ENFORCEMENT...................................................................................................................2 3 
ANNEX .......................................................................................................................... .......................25  
  WT/ACC/YEM/21 
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 II. ECONOMIC POLICIES 
- Investment Regime Question 1 Question 10 of WT/ACC/YEM/18:  We note that the Yemeni Investment Law provides an extra 
two-year tax exemption to investment projects which have at least 25 per cent of the equity 
owned by Yemeni nationals.  These provisions discriminate against foreign investors, and we 
would urge Yemen to equalize the treatment of  foreign and domestic investors as regards 
provision of investment incentives.  
Answer:
 
Yemen is currently reviewing its Investment Law and will take this note into consideration.   
Question 2 
Question 11 of WT/ACC/YEM/18:  Yemen has submitted a revised list of prohibited goods in 
document WT/ACC/YEM/17.  We note that this  list is very long and would urge Yemen to 
consider whether other less drastic measures than an import ban could be used for purposes of 
protecting the religious principles/security? 
Answer:  
Yemen has reduced the list of prohibited goods to th e minimum to include only the strictly prohibited 
goods.  Yemen wishes to reassure that the principle of  national treatment is and will be adhered to in 
the application of this prohibition. 
Question 3 
Question 12 of WT/ACC/YEM/18:  Yemen explains th at a list of industries considered to harm 
environment or health is under preparation.  We would happy be to have indication on when this list would be available for the members of the Working Party? 
Answer:
 
An indicative list of industries that Yemen is tryi ng to avoid to conserve the environment will be 
submitted to the Working Party as soon as possible.   
- State Ownership, Privatization and State-trading Entities 
Question 4 JOB(05)/172/Rev.2, Factual Summary:  Yemen pr ovides a helpful description of decision 
making and Board composition for wholly-owned  State-owned enterprises in paragraph 28 of 
the Factual Summary.    
Please provide a similar explanation for firms in  which the State retains shares but may not be 
the sole owner (i.e. firms where the State has a ma jority as well as for firms where the State has 
less than 50 per cent).   WT/ACC/YEM/21 
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 How do the operations and decision-making of su ch firms differ under law from those that are 
wholly private? 
Answer:  
When the government has less than 50 per cent shar es, decision-making and formation of the Board of 
Directors is subject to the company's Articles of Association.  Such companies run their activities 
similar to private sector firms' practices.  For companies with more than 50 per cent State-owned 
shares, the company's regulations have to be  approved by the Council of Ministers. 
Question 5 
Yemen appears to speak exclusively of enterprises with exclusive or special rights or privileges 
in this section (e.g. paragraph 35 of the Fact ual Summary).  We recall, however, that the 
obligations of Article XVII of the GATT 1994 (as opposed to the understanding on that Article) 
apply not only to such enterprises, but also to those enterprises owned or controlled by the 
State, regardless of their privileged trading status.   
We request that Yemen confirm this understanding of the GATT Article XVII, as Yemen will 
be expected to undertake a commitment reflecting its intention to ensure that all enterprises 
covered by Article XVII comply with those obligations.    
We would also appreciate, given Yemen's assert ion of the limited number of enterprises with 
special or exclusive privileges in Yemen, a description of Yemen's largest State-owned and controlled enterprises, including information on the sectors in which they operate, the extent of 
the State's involvement in the commercial decision s of the enterprise (e.g. through participation 
on management boards or requirement of State approval of board decisions), and any 
laws/regulations governing the sales/purchas ing decisions of those enterprises.  
Answer:
 
Yemen confirms its commitment to Article XVII of the GATT.   Please refer to the updated Table 3 on State-owne d enterprises below and paragraphs 26-29 of the 
Factual Summary and the answer to Question 4 above. 
Table 3:  State-Owned Enterprises
 
Enterprise State 
shareholding 
(per cent) Capital 
(Million 
Rial) Area of 
specialization Supervising agency/ 
ownership Chairman of 
the Board 
Public Telecommunication Corporation 100  Provision of 
telecommunication services  Ministry of 
Telecommunication  Kamal 
Aljabri 
Public Corporation 
of Water and 
Sanitation  100  Water distribution 
and sanitation  Ministry of Water 
and Environment  Ibrahim Al 
Mahdi 
Public Electricity 
Corporation 100  Electricity 
generation and 
distribution  Ministry of 
Electricity  Dr.  Mustafa 
Bahran 
Public Cement Manufacturing and Marketing 
Corporation 100 400 Manufacturing and 
marketing of cement  Ministry of Industry 
and Trade Amin Al 
Shaibani  WT/ACC/YEM/21 
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 Enterprise State 
shareholding 
(per cent) Capital 
(Million 
Rial) Area of 
specialization Supervising agency/ 
ownership Chairman of 
the Board 
Public Textile and Clothing Corporation 100 200 Manufacturing of 
textile  Ministry of Industry 
and Trade Mohamed 
Hajeb 
Yemen Insurance 
and Re-Insurance 
Company 100  Insurance services  Ministry of Finance  Ahmed Ali 
Haddash 
Yemen 
International 
Telecommunication 
Company (TeleYemen) 95  Provision of 
international 
telecommunication 
services  Ministry of 
Telecommunication Kamal 
Aljabri 
Marib Poultry 
Company 68 190 Production of eggs  Ministry of Industry 
and Trade Dr.  Hassan 
Alfwsail 
Yemen Airways  51  Aviation  Ministry of 
Transportation  Abdul Khaliq 
Al Qadi 
The Yemen Bank 
for Construction 
and Development  51 1,250 Banking services  Ministry of Finance  Abdullah 
Salem Al 
Jefri 
Yemen Libyan Holding Company 50 US$50 
million Investment  Yemen Libyan 
Holding Company Abdullah 
Mohammed 
Esshaq 
Yemeni Kuwaiti 
Real Estate Development 
Company 42 276 Real estate  Yemeni Kuwaiti Real 
Estate Development Company Khalid Al 
Obaidi 
National Tobacco and Matches Company 41.5 600 Manufacturing of 
cigarettes and matches  Ministry of Industry 
and Trade Tawfeeq Al 
Ahmer 
Marib Insurance 
Company 37 100 Insurance  The Yemen Bank for 
Reconstruction and 
Development  Ali Hashim 
Saba Insurance 
Company 9 100 Insurance   Mohamed 
Mustafa 
Arab Insurance 
Company 4 100 Insurance   Adel 
Albanna 
 
Question 6 
In paragraph 36 of the Factual Summary, Yeme n states that the Yemen General Corporation 
for Oil and Gas determines the quantity of imports of crude and derivatives permitted into Yemen.  Yemen also indicates that "affiliates" of this company constitute the industry for these products.   
Please explain in greater detail how the Genera l Corporation determines these quantities of 
imports.  In particular, please indicate how this decision can be based on transparent, objective, 
and non-discriminatory criteria where the Genera l Corporation is effectively being charged 
with controlling the quantity of imports of produc ts that compete directly with "affiliates" of 
the General Corporation.  
Do the State-owned petrol stations in Aden  and Hadramout, referenced in paragraph 36, 
purchase petroleum products exclusively from th e "affiliates" of the General Corporation?  
How do they make their sales and purchasing decisions? WT/ACC/YEM/21 
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 Answer:  
The General Corporation for Oil and Gas determines the required derivatives depending on market 
demand assessment with consideration to the oil storage capacities.   
All fuel stations, government or private, purch ase petroleum products directly from the Yemeni 
Company for Distribution of Oil Derivatives.  Purc hase and selling decisions are market-driven based 
on demand.  
Question 7 
Paragraph 27 of the Factual Summary:  Yemen expl ains that it has no intention to break the 
current monopolies in the areas of fixe d telecommunications and international 
telecommunication services, water and sewage  services and electricity production and 
distribution.  However, Yemen explains that it will gradually allow private sector participation 
in some areas of these sectors.  
Can Yemen explain in more detail in which sect ors and in what manner this private sector 
participation is foreseen? 
Answer:  
As part of the government's policy to develop and expand services and achieve universal access to 
services including full coverage of basic services, Yemen considers the participation of the private sector when circumstances become appropriate.  So far the private sector has been involved in the 
power sector.  The partnership began in the form of  power generation by the private sector and selling 
it to the Public Electricity Corporation for distribution across the republic.   
Question 8 JOB(05)/172/Rev.2, pages 58-59:  Could Yemen confirm the current situation and status of the 
"Marib Poultry Company".  
What is the status of the Dar Sa'ad Poultry enterprise (page 59 of JOB(05)/172/Rev.2)? 
Answer:
 
Marib Poultry Company is a joint venture between th e government (68 per cent) and the private sector 
(32 per cent).  The company is still in operation.   
Dar Sa'ad Poultry Company has been liquidated.   
IV. POLICIES AFFECTING TRADE IN GOODS 
- Trading Rights Question 9 
Questions 35-36 of WT/ACC/YEM/18:  Yemen explains that it is currently reviewing its 
commercial registration fees to bring them in compliance with the WTO rules.  Could Yemen 
indicate a timetable for concluding this exercise?  WT/ACC/YEM/21 
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 Answer:  
Yemen expects the revision process to  be finalized during 2008.   
Question 10 
JOB(05)/172/Rev.2 and WT/ACC/YEM/18:  We cannot agree with Yemen's assessment of its 
trading rights regime in response to Questions 38 and 40 of WT/ACC/YEM/18.  GATT 
Article III requires that the imported product have  access to the same channels of distribution 
as the like domestic product, with no requiremen ts or conditions imposed on such importation 
unless they are also imposed on the domestic like product.  We understand that a Yemeni 
product may be sold directly to a customer, where as an imported product may not be so sold 
because it must first be imported by a Yemeni  company or a foreign company with domestic 
presence in which the foreign share does no t exceed 49 percent (paragraph 54 of Factual 
Summary).  Denying a foreign (legal or natural)  person the opportunity to directly import its 
product for a customer in Yemen without first establishing domestic presence is therefore not consistent with Yemen's trading rights obligations under the GATT 1994.  This has been consistently recognized in GATT decisions on this subject.   
How will Yemen bring its regime into compliance with its WTO trading rights obligations? 
Answer:
 
Yemen is currently reviewing the issue of trading ri ghts and all other relevant issues.  As an initial 
step, Yemen has amended Article 28 of the Commercia l Law to allow foreigners to trade in Yemen 
without a national partner.  However, the implemen tation of trading rights commitments is envisaged 
within a transitional period of three years afte r accession to allow for preparation of related 
legislations, institutions and mechanisms  to implement such commitments.   
Question 11 
In response to Question 39 of WT/ACC/YEM/18, which informs Yemen that a commitment will 
be expected as described in that question.  Yemen's response merely refers to its answer to 
Question 38.   
If Yemen's trading rights regime is in fact co nsistent with the GATT Articles III and XI, as 
suggested in Yemen's response to Question 38, then do we understand that Yemen agrees to the 
commitment described in Question 39? 
Answer:  
Please refer to the answer to Question 10.   Question 12 We understand from paragraph 52 of the Fact ual Summary that all companies must be 
registered in order to import, and that physi cal presence is a prerequisite to a company's 
registration to import.  If this is correct, th is would mean that no company located outside 
Yemen could import its product into Yemen with out establishing a physical presence therein.  
GATT Article XI does not permit Members to proh ibit or restrict importation, whether made 
effective through quotas "or other measures", except under extremely limited circumstances.  
Yemen effectively prohibits importation of pr oducts from other Members unless the importer WT/ACC/YEM/21 
Page 6 
 
 
 has a physical presence.  This appears to be an  onerous condition on importation that goes 
beyond what is permitted by the GATT Articl e XI.  How does Yemen ensure compliance with 
this obligation? 
Answer:  
Please refer to the answer to Question 10.  
Question 13 
What is the rationale for requiring a physical pre sence in Yemen in addition to registration in 
order to import?   
Answer:  
The purpose of this requirement is to ensure that a ll suppliers are subject to the same rules and terms 
governing trade activity like tax payment, complianc e with importation require ments and provision of 
after-sale services, etc.  Yemen is not aware how  can the above issues work without commercial 
presence of the supplier.  Yemen is also wonde ring how the after-sale services are going to be 
provided and how consumers can be protected from deception.   
Question 14 
Questions 38-40 of WT/ACC/YEM/18:  We note that neither foreign nationals nor foreign 
companies can register as importer or exporter.  Companies need to be established in Yemen or 
have an agent based in the country in order to  be registered.  We would repeat our previous 
comments and urge Yemen to equalize the trea tment of foreign and domestic nationals and 
companies as regards the rights to be regis tered as an importer and/or exporter.  
Answer:  
Please refer to the answer to Question 10.  
A. IMPORT REGULATIONS 
- Ordinary customs duties Question 15 
Question 41 of WT/ACC/YEM/18/:  It is note d that Article 24 of the 2002 Investment Law 
indicates that with a view to protecting local production, the Customs tariff Committee should impose or increase customs duty on the imports of  goods competing with local production that 
rely on local material on its production.  As  mentioned in our previous comments, this 
requirement is WTO incompatible and we urge Ye men to abolish it from its legislation.   
Yemen replied that it will abide by WTO Agreements and its accession commitments.  Could 
Yemen confirm that it intends to abolish this provision of Article 24 of the 2002 Investment 
Law? 
Answer:
 
Yemen confirms that in the unlikely case of resorting to this measure, it will abide by its bound tariffs 
and relevant WTO rules.    WT/ACC/YEM/21 
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 - Other duties and charges 
Question 16 WT/ACC/YEM/18 and JOB(05)/172/Rev.2:  In response to Questions 42 and 43 Yemen noted 
that the fees charged for Heritage and Cultur al Development Fund, the Illiteracy Eradication 
and Adult Learning Agency, and Handicappe d Care and Rehabilitation Fund are not for 
services rendered to the importer s.  However Yemen further notes that domestic often charged 
a similar fee.   
Can Yemen please explain the process by which these fees are charged to domestic suppliers? 
Answer:
 
Respective funds directly collect the fees from local producers or through the Taxation Authority on 
their behalf.  
- Fees and charges for services rendered 
Question 17 We appreciate Yemen's replies to Questions 48, 52 and 54 in WT/ACC/YEM/18, which note 
that Yemen is in the process of revising its fees and charges to more accura tely reflect the true 
costs of services rendered.  
When does Yemen expect to complete the revision? We request that Yemen please keep the Working Party informed of its progress on updating its 
fees and charges to reflect the actual costs of  services rendered, and update Table 7 of the 
Factual Summary as changes occur.   
Answer:
 
The revision process has started.  However, Ye men seeks the understanding and support of the 
Working Party members for a three year transitional period from the date of accession in order to implement the revised fees for services rendered.   
Question 18 
We request that paragraph 70 of the Fact ual Summary, JOB(05)/172/Rev.2, be updated to 
include commitment language noting that fees and charges would reflect the approximate costs 
of services rendered to ensure conformity with WT O requirements from the date of accession.   
Answer:
 
Yemen confirms that it has started to review the fe es and charges so as to reflect the approximate cost 
of the service rendered to comply with Article VIII of the GATT 1994, and please refer to answer to 
Question 17.  
Question 19 
Most of Yemen's fees appear to be based upo n the services rendered.  However a few products 
are subject to ad valorem fees.  To ensure th ese fees are in compliance with WTO rules and WT/ACC/YEM/21 
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 Article VIII of the GATT, Yemen should charge a fee based upon the service rendered rather 
than the value of the following imports: 
- Explosives and fireworks; 
- Pesticides; 
- Drugs and medical appliances; 
- Goods in warehouse; and - Goods subject to accredited standards. 
Answer:
 
Please refer to the answer to Question 17.  Question 20 In Table 7, Item 7 (Artistic and Literary Work s), to receive an import licence for publications 
and stationery or audiotapes and CDs, Yemen charges approximately US$25.  To receive an 
import licence for cinema films and video fi lms and cassettes, Yemen charges a fee of 
approximately US$50.   
In WT/ACC/YEM/18, Question 50, Yemen notes that its fees for the issuance of import permits 
are under revision, in order to reflect the a pproximate cost of services rendered.  However, 
Yemen charges reduced fees for import license s for books and printed materials is to serve 
public policy objectives, e.g., education.  
Does Yemen charge a reduced fee for educational films and videos?  And after revising its 
import fees, will Yemen assess the same f ee for all artistic and literary works? 
Answer:
 
Please refer to the answer to Question 17.   
Question 21 
We note that, in Table 7, Yemen charges fees for goods in warehouses (Item 10) and fees for 
handling parcels (Item 13) on top of any tariff and port fees on the covered products.  We 
consider these fees to be a non-tariff barrier to exporting to Yemen.  Because of the burden of 
these extra fees, we suggest that Yemen should consider consolidating or eliminating these fees altogether.  
Answer:
 
These fees do not form non-tariff barriers on imports, they are merely fees for services as follows: - Fees set forth in Item 10 are for Customs' serv ices like inventory, sor ting (out), supervision 
services or for the postponed payment of due Customs' fees; and 
- As for fees set forth in Item 13 they ar e for services provided in the Customs yards or 
warehouses.   
Question 22 
Questions 53-54 of WT/ACC/YEM/18:  We welcome Yemen's commitment to bring its fees and 
charges in compliance with Article VIII of the GATT upon accession.    WT/ACC/YEM/21 
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 Answer:  
We appreciate the understanding and support of the Working Party members and please refer to the 
answer to Question 17.   
- Application of internal taxes to imports 
Question 23 
Question 56 of WT/ACC/YEM/18:  We thank Yemen for the updated information provided on 
taxation of imported and domestic products.  We  would propose to update the tables attached to 
the Factual Summary accordingly.  
Answer:  
All information provided on taxation on imported and domestic products is already updated in 
paragraph 71 of the Factual Summary in accordance with Law No. 19 of 2001 and its amendments by 
Law No. 42 of 2005.   
- Quantitative import restrictions, including  prohibitions, quotas and licensing systems 
Question 24 In response to Questions 61 and 62, Yemen confirms that only Yemeni nationals can be eligible 
for technical clearance for importation of certain products.  This is inconsistent with GATT 
Articles III and XI. 
How does Yemen intend to ensure the trea tment of foreigners is WTO consistent? 
Answer:
 
Please refer to the answer to Question 10.  Question 25 Question 61 of WT/ACC/YEM/18:  We note th at only Yemeni nationals can be granted 
technical clearance for importation of medici nes, medical equipment, books, newspapers, 
audiovisual and other artistic or literary works as well as fertilizers and pesticides.  We would ask Yemen to explain the reasons of this di scriminatory treatment, and would repeat our 
previous comments and urge Yemen to equalize the treatment of foreign and Yemeni nationals 
in accordance with Articles III and XI of the GATT.  
Answer:
 
Please refer to the answer to Question 10.  
Question 26 
In response to Question 89 of WT/ACC/YEM/18, wi th respect to seasonal import restrictions, 
Yemen notes that imports of appl es are allowed throughout the whole year with an additional 
duty during April-September.   
Rather than continuing to use an import restrict ion, has Yemen considered applying a seasonal 
duty to the items listed in Table 7 of WT/ACC/ YEM/18 (page 30), as they do for apples? WT/ACC/YEM/21 
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 Answer:  
Yemen is currently studying this list.  Meantime Yemen has submitted an a ppropriate level of binding 
for this limited sensitive list of pr oducts in its goods offer.   
Question 27 
Could Yemen specify what are the seasonal restri ctions imposed on products mentioned in the 
reply to Question 89? 
Answer:  
Products mentioned in the answer to Question 89 listed in Table 7 of WT/ACC/YEM/18 (page 30) are 
subject to prohibition periods and allowing periods during which, additional duty of 35 per cent is 
imposed in addition to the tariff rate of 25 per cent.  
Question 28 
Yemen states that the prohibitions or restrictions  on coffee, mango, pota toes, tomatoes, lettuce, 
chicory, citrus fruit, grapes, melons, and papayas were under review and would conform with 
WTO rules from the date of accession.   
How does Yemen plan to bring the above-mentioned products, and all other prohibited or 
restricted items, into conformity with WTO rules from the date of accession?  
Answer:  
Please refer to the answer to Question 26.   
Question 29 
JOB(05)/172/Rev.2, paragraph 73 and Table 10:  Yemen lists a number of items that are 
restricted or prohibited in paragraph 73 and Ta ble 10 of the Factual Summary.  However, in 
the market access offer, a number of lines not indi cated in paragraph 73 or Table 10 of the 
Factual Summary are restricted or prohibited as well.   
Will Yemen please provide a comprehensive list of restricted and prohibited items?   Why does Yemen maintain these restrictions or prohibitions?   
Does Yemen have a substantial dom estic industry for these products? 
Answer:
 
The document (WT/ACC/YEM/17/Rev.1) containing prohibited goods shows reasons for the 
prohibition: 
- Restricted goods include all products referr ed to in the document on import licensing 
procedures (WT/ACC/YEM/20).  These goods need prior approval from the relevant 
authority for security, health, enviro nmental and public morals reasons; 
- Prohibited goods are not locally made; and - Some of the commodities which are subject to prior approval are produced locally.    WT/ACC/YEM/21 
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 Question 30 
Question 60 of WT/ACC/YEM/18:  We welcome the provision of an updated list of prohibited 
imports (WT/ACC/YEM/17/Rev.1).  However, we still note that the list of prohibited imports is 
very long, and would ask Yemen to consider ho w the public interest Yemen seeks to secure by 
the import prohibition could be achieved by other, less trade distorting means.  
Answer:  
Yemen has revised the provisional list of prohi bited imports under the document (WT/ACC/YEM/17) 
and reduced it to the minimum as stated in the document (WT/ACC/YEM/17/Rev.1).  Most of the 
listed goods are prohibited in accordance with  the following international conventions: 
- Vienna Convention on the Protection of the Ozone Layer and the Montreal Protocol on 
Ozone-Exhausting Substances; 
- The International Convention Regulating Tra fficking of Endangered Species of Wild Fauna 
and Flora (CITES); 
- Stockholm Agreement on Permanent Organic Pollutants (POPs); and - Rotterdam Convention on Application of Prio r Informed Consent Procedures on Chemicals 
and Pesticides for Specific Hazardous Blights Circ ulated within International Trade (PIC).   
While preparing the prohibition list, utmost care was used to avoid any trade-distortion, except where 
no other possible means were found to achieve the foreseen objective.   
Question 31 
List of Prohibited Imports, WT/ACC/YEM/17/Rev. 1.  We thank Yemen for providing the full 
list of prohibited items.  We request further clar ification on the following items:  Item No. 58, 
HS 2841.6190:  HS 2841.6190 is potassium permanganate.  Could Yemen please explain the reasons for which it seeks a religio us exemption for this product? 
Answer:
 
The tariff line HS 2841.6190 was inserted by mistake in to the list of prohibited goods since this line is 
subject only to the prior approval from the relevant authority for health reasons.  
Question 32 
List of Prohibited Imports, WT/ACC/YEM/17/Re v.1.  Item Nos. 59 and 60, no HS Codes:  
Could Yemen please provide HS numbers for th ese products and explain the health reasons 
behind the prohibition? 
Answer:  
The HS for Item No. 59 (Cloranphenicol) are 284440 and 294140 and the HS for its compounds are 
300490 and 300390.   
HS for Item No. 60 (Nitrofuran group) are 300490, 300390 and 293219.   WT/ACC/YEM/21 
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 The prohibition is based on h ealth reasons so to avoid: 
- Weakening the immune system; 
- Containing carcinogenic substances; and - Causing genetic mutations. 
Question 33 List of Prohibited Imports, WT/ACC/YEM/17/Rev.1.  Item Nos. 67 and 76, HS 7007 (Car 
Tinted Glass) and Chapter 87 (Cars with tint ed glass even if manufactured so):  We are 
concerned about Yemen's prohibition of tinted  window glass and cars with tinted windows.  
What is the purpose of this prohibition?  Are there specific cars that Yemen seeks to prohibit?   
Answer:
 
The prohibition of the import of tinted window glass and cars with no see-through windows is for 
security and safety reasons.  This measure does not target specific cars.   
Question 34 
List of Prohibited Imports, WT/ACC/YEM/17/Rev.1.  Item No. 71, Chapters 85, 90 (Spying and 
decoding equipment for commerci al and personal use):  While we respect Yemen's right to 
prohibit trade for security reasons, could Yeme n please provide the HS numbers and reason for 
the specific products that Yemen seeks to ban within this category? 
Answer:  
HS codes for eavesdropping and deciphering devices for personal and commercial use are as follows: 
- Deciphering Devices 852190; and 
- Eavesdropping Devices 851892. 
Yemen bans the importation of deciphering and s pying devices for commercial and personal use for 
security reasons and for protecting personal privac y as well as freedoms and the protection of public 
order and moral.   
Question 35 
List of Prohibited Imports, WT/ACC/YEM/17/Rev. 1.  Item No. 72, HS 9006-9007 (Cameras that 
show the human body naked):  We respect Yemen's right to prohibit trade for religious reasons.  
However we note that all cameras and film fall within these HS categories.  Can Yemen please 
provide HS numbers for the specific products it seeks to ban within this category?   
Answer:  
Cameras which show the human body naked fall under the tariff line 900691.  Question 36 List of Prohibited Imports, WT/ACC/YEM/17/Rev.1.  Item No. 75, Chapter 87 (Cars with 
shifted steering wheel or not fit technically):  Please provide the specific HS numbers for the 
products it seeks to prohibit and please ex plain the reason it seeks this prohibition.   WT/ACC/YEM/21 
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 Answer:  
Yemen prohibits the importation of cars with shifted steering (from right to the left) to ensure public 
and traffic safety from potential hazards caused by us ing such vehicles.  According to HS auto/car 
tariff fall within the tariff codes 8701- 8705.  There are no specific tariff codes for cars with shifted 
steering wheel or those technically unfit.  
Question 37 
In the case of car tinted glass, second hand tires,  cars more than seven years old, machines more 
than 15 years old, cars with shifted steering wheel or not fit technically, second hand diesel passenger cars: 
- Could Yemen please confirm that it not only bans the import of such vehicles but also 
bans the sale of such items? 
- Could Yemen please provide a copy of the Law banning the domestic sale of such items? 
Answer:
 
Yemen confirms that these vehicles are not allowe d to be imported from the date of issuance of 
Law No. 41 of 2005 on Customs Tariff.  
Question 38 With respect to List C(1), List C(2), and Annex 1:  We recommend that Yemen make the 
chemical short formulas used in Annex 1,  consistent with the Montreal Protocol.  
Items 16 and 17 seem to be Halon-1211 and 2402, respectively.  Could Yemen confirm if this is 
the case? 
CFC 211 and 217 are not included in the list.  Could Yemen specify why these products are not 
included?  Are they not commonly used? 
Answer:
 
The amended list is attached in the Anne x in accordance with Members' observations. 
- Customs valuation 
Question 39 
WT/ACC/YEM/19, (5)(2)(b):  With respect to Cu stoms Valuation, Yemen's checklist discusses 
the intent to establish a value database.  
We would like to remind Yemen that value databa ses are to be used as a risk assessment tool 
only, and not as a substitute value for imported  goods or as a mechanism to establish minimum 
values.  This is detailed in the Guidelines on the Development and Use of a National Valuation 
Database as a Risk Assessment Tool.  These gu idelines were developed by the WCO Technical 
Committee on Customs Valuation.  
As Yemen is a Member of the WCO, has Yemen taken advantage of any of the training courses 
offered through the WCO, and if yes, what? WT/ACC/YEM/21 
Page 14 
 
 
 Answer:  
Yemen confirms its commitment to the Customs Valu ation Agreement including the use of value data 
as a tool to assess risks under flexibilities provi ded by the Agreement for LDCs including the 
transitional periods and the provision of technical assistance.  Yemen attaches great importance to 
benefit from training courses provided by the Wo rld Customs Organization though more support for 
financial funding is needed from WCO and donor countries.   
Question 40 
Questions 66 and 68 of WT/ACC/YEM/18:  We note the explanation of Yemen that it will 
complete the revision of its Customs Law by 2007,  including its By-Laws.  We would be happy 
to have a copy of the draft legislation as soon as possible to be able to comment it.  We would 
also be happy to know when approximately these laws are going to be adopted.   
Answer:  
A copy of the draft amendment to the Law is attach ed (WT/ACC/YEM/21/Add.1 refers).  The draft is 
expected to be submitted to the Parliament during the first half of 2008.   
- Anti-dumping, countervailing duties, safeguard regimes 
Question 41 
JOB(05)/172/Rev.2, paragraphs 99 and 100:  We would like to thank Yemen for providing its 
Customs legislation for Members to review.  We are in the process of reviewing the legislation 
and will provide further questions at a later date.   
Answer:  
Please refer to answer to Question 40.  
Question 42 
We note that Yemen has not applied any anti-d umping, countervailing, or safeguard measures 
on imports due to the lack of infrastructu re and necessary mechanisms, including WTO-
consistent trade remedy legislation.  Therefore we  support the inclusion of the commitment text 
in paragraph 100 of the Factual Summary.  
Answer:  
Yemen commits to paragraph 100 in the Factual Summary and emphasizes th e need for the necessary 
technical assistance to establish the necessary infrastructure and to properly train personnel on WTO 
anti-dumping, countervailing and safeguard measures.   
C. INTERNAL POLICIES AFFECTING FOREIGN TRADE IN GOODS 
- Industrial policy, including subsidies 
Question 43 JOB(05)/172/Rev.2, paragraphs 108-1 12:  We are willing to be flexible and consider a transition 
period for Yemen to eliminate its prohibited subsidies by a certain date.   WT/ACC/YEM/21 
 Page 15 
 
 
 Nevertheless, we encourage Yemen to revise its le gislation to eliminate any prohibited subsidies 
as defined in Article 3 of the SCM Agreement as soon as possible.    
We also seek confirmation Yemen will identify any subsidies based on local content in which 
Yemen will be asking for a transition period for prior to accession.  
We remind Yemen that under Article 25 of th e Agreement on Subsidies and Countervailing 
Measures, all Members to the WTO have agreed to notify all subsidy programmes meeting the 
definition of a subsidy, as provided in the Agreement, to the WTO Co mmittee on Subsidies and 
Countervailing Measures.  The notification should be specific enough to enable other Members 
to evaluate the trade effects and to understa nd the subsidy programme.  Members shall ensure 
that the notification contains the following information: 
- Form of the subsidy (grant, loan, tax); 
- Subsidy per unit or total amount or annual budgeted for that year; - Purpose of the subsidy; - Duration of the subsidy; and - Statistical data providing assessment of the trade effects of the subsidy.  
Please indicate when Yemen intends to notify its subsidy programmes to the Working Party.  
Answer:
 
Yemen confirms its commitment to notify subsid y programmes, if any whenever they become 
available, including local content in accordance with WTO rules and the flexibilities accorded to 
LDCs.   
Question 44 Question 80 of WT/ACC/YEM/18:  As regards  Industrial Zones, we welcome Yemen's 
statement that it intends to comply with WT O rules when establishing industrial zones.  
However, we note Yemen's statement that it in tends to resort to local content requirements in 
its industrial zones.  We would ask Yemen to specify a transition period to phase out local 
contents subsidies, in line with the Hong Kong Declaration.  
Answer:
 
Please refer to the answer to Question 43.  
- Technical barriers to trade, standards and certification 
Question 45 JOB(05)/172/Rev.2, paragraph 113:  We ref er Yemen to the TBT Committee Decision on 
Principles for the Development of Internationa l Standards, Guides and Recommendations with 
Relation to Articles 2.5 and Annex 3 of the Agreement (G/TBT/1/Rev.8, section IX, 
23 May 2002).  We note that the TBT Agreemen t does not reference particular international 
standards-setting bodies; a standard becomes an international standard through the process by 
which it is developed, rather than by the identi ty of the standards developer.  Under the TBT 
Committee's decision, any organization following the principles set out in the Decision can 
develop international standards.   WT/ACC/YEM/21 
Page 16 
 
 
 With this in mind, please explain how Gulf sta ndards constitute "international" standards, and 
how Yemen ensures that its technical regulations  are based on "international" standards, as 
required by Article 2.4 of the TBT Agreement.  
Answer:  
The Gulf standards adopted by Yemen are base d on international standards.  The six Gulf 
Cooperation Council (GCC) states are WTO Members w ho apply international st andards accordingly.  
In its endeavour to align its legislation with  GCCs, Yemen has adopted many specifications and 
standards issued by the Gulf Standardization Au thority to cover shortages in a number of its 
specifications and standards.   
Meantime Yemen has distributed drafts of Gulf stan dards and specifications to all relevant authorities 
(government, private, industrial, commercial and servi ce sectors, civil society institutions, scientific, 
research and academic centres, etc.) to solicit thei r opinions and observations before final adoption 
and entry into effect. 
Currently, Yemen is in the process of reviewi ng, updating and setting technical standards and 
regulations in accordance with the TBT Action Pl an.  Yemen therefore, emphasizes the need for 
technical assistance from WTO Members in this effort. 
Question 46 
JOB(05)/172/Rev.2, paragraph 116:  We apprecia te the information on the YSMO's role as 
intra-governmental coordinator.   
Given the YSMO's authority to perform this fu nction, could the Yemeni representative provide 
further explanation as what technical assistance is needed for "setting up a national mechanism 
for coordination between relevant agencies" as outlined in its TBT Action Plan, step 3 (WT/ACC/YEM/15)?  
Answer:
 
There are many government authorities in Yemen (i.e. YSMQCO, Ministries of Agriculture, Health, 
Public Works "municipalities", Industry and Trad e, Fisheries Wealth, Water and authorities like 
Environment, Customs, etc.), which carry out ch ecking, control and inspection activities for goods 
and products (local, imported, exported, circulat ed) in accordance with the authorities mandated in 
their respected laws and regulations.  
Hence, the importance of the request to establish na tional mechanism becomes apparent to coordinate 
their effort to revise laws, regula tions and procedures for each authorit y and later to examine, discuss 
and update them to have definite tasks for each  entity without overlapping or duplication.  Such 
mechanism will also help to create and activate coordination with concerned non governmental 
sectors like (private, industrial, productive, commerc ial and service sectors, civil society institutions, 
scientific, research and academic centres, media institutions, etc.)  To achieve and implement the 
national mechanism, Yemen is in need of the following support: 
- Experts to review, examine, update, deve lop and restructure laws and regulations; 
- Implementing the project of integrated information survey; - Education, information and awareness; - Seminars, workshops and meetings; - Training; and - Building infrastructure.   WT/ACC/YEM/21 
 Page 17 
 
 
 Question 47 
We also appreciate the information in paragr aph 116 on the transparency requirements of 
YSMO.  In this regard, we note the importance of adherence to the Code of Good Practice, 
particularly paragraphs L through N, and request  that Yemen articulate how the notification 
requirements will be taken into account.   
We would like to know if these transparency req uirements are outlined in a particular Decree 
(as they do not appear to be outlined in Law No. 44 of 1999 "On Standardization, Metrology and Quality Control").  Are these requirements outlined in the By-Law on Regulation of 
Standards Preparation Procedures No. 22/2001? 
We would appreciate it if Yemen could make th e appropriate legislation available to Working 
Party members.  
Answer:
 
Yemen confirms its commitment to the system of good practices.  Transparency requirements will be 
considered when setting standards, technical regulations and guidelines since the By-Law on 
regulation of standards preparation procedures No. 22/2001 defines such requirements.  The issuance 
procedures of the updated regulation are underway . The draft is attached (WT/ACC/YEM/21/Add.1 
refers). 
Question 48 
JOB(05)/172/Rev.2, paragraph 117:  We take no te of the information provided on Yemen's 
"International Conformity Certification Program. "  
Could the Yemeni representative provide furt her information on how the determination was 
made to subject each product, listed in Table 14, to the programme?  
We note that the purpose of the programme is to prevent deceptive practices and ensure 
conformity with international standards.  Co uld the Yemeni representative provide Working 
Party members with a list of standards that the listed products are required to conform to? 
Answer:  
Products in Table 14 were defined because of the lack of capabilities in Yemen to carry out the 
required checking, examination and inspection procedures.  
Standards applied to products in Table 14 are the same ones that align with international standards 
issued by international organizations like ISO, ISO / IEC, Codex, ITU, etc. 
Question 49 
JOB(05)/172/Rev.2, paragraph 118:  We appreciate the recognitio n in paragraph 118 that there 
are avenues other than mutual recognition agreements, such as recognition of labs.  
We would appreciate it if this could be reflected in the TBT Checklist (WT/ACC/YEM/5), 
particularly in the response to 5(f). WT/ACC/YEM/21 
Page 18 
 
 
 Answer:  
Yemen confirms that the subject of 'recognition of  labs' is reflected in the Revised TBT Checklist 
which is being circulated with the document symbol WT/ACC/YEM/22. 
Question 50 
JOB(05)/172/Rev.2, paragraph 121:  In resp onse to Question 83 (WT/ACC/YEM/18), the 
Yemeni representative stated that Yemen was in the process of identifying laws that may need revision.  Does this review include the By-L aws that Yemen has previously mentioned, 
including: 
- Minister of Industry and Trade's - Chairman of Board of Directors - Decree No. 21 
of 2003 on Organizational matters pertaining to YSMO and its Branches in 
Governorates; 
- By-Law on Conformity Certificate Issuance for Standards No. 3/2001; - By-Law of Quality Mark Adoption of National Products No. 11/2001; - By-Law of the Regulation of Rules and Procedures Pertaining to the Processes of 
Inspection and Testing for Goods and Domest ic and Imported Products No. 13/2001; 
- By-Law on Quality Mark Granting System No. 14/2001; 
- By-Law on Regulation of Standards Preparation Procedures No. 22/2001; and - By-Law on Evaluation of Goods and Ent erprises Conformity for Accredited Standards 
No. 2/2003. 
It would be helpful if Yemen could make these implementing laws available to Working Party 
members for review.  This would also help  assure Working Party members that Yemen's 
legislative framework does in fact ensure complia nce with the principles of the TBT Agreement. 
Answer:
 
According to the Action Plan to implement th e TBT Agreement (WT/ACC/YEM/15), all relevant 
decrees, regulations and procedures which need to be updated and revised will be updated in line with 
the principles of TBT Agreement.  Please find attached copies of the above listed By-laws 
(WT/ACC/YEM/21/Add.1 refers). 
Please also note that the By-law No. 14/2001 has been replaced by the By-law No. 27/2006 and also 
attached is the By-law on Regulation of Standa rds Preparation Procedures which is intended to 
replace the By-law No. 22/2001.   
- Sanitary and phytosanitary measures 
Question 51 
We are pleased to see that Yemen is a member of the OIE, IPPC, and Codex.   Does Yemen regularly send representatives to the m eetings of the three international standards 
bodies (OIE, IPPC, and Codex)?  If so, in wh ich commodity or regiona l committees do they 
participate? 
Answer:
 
Yemen regularly sends representatives to attend the following IPPC meetings:  WT/ACC/YEM/21 
 Page 19 
 
 
 - Annual International Meeting of the Phytosanitary Measures Authority; 
- Periodical meetings of the Internationa l Phytosanitary Standards Committee; and 
- Annual Regional Meeting for the Near East  to review international standards for 
phytosanitary measures.   
Yemen also takes part in many Codex Genera l Assembly meetings, an nual meetings of the 
International Codex Committee but never participates in  the technical committee's meetings due to the 
lack of resources.  
It also participates in the Main Annual Meeting of OIE which is held in Paris.  Yemen is also a 
member in the regional OIE committee for the Middle East.  
Question 52 Yemen's Law for the Year 1999 Concerning Plant Qu arantine:  We appreciate the designations 
and definitions provided in Chapter One of Yemen's Plant Quarantine Law of 1999.  We are requesting definitions for the following terms: 
- Natural Fertilizer (Chapter 1, under the Plant Consignment Definition); 
- Monitoring and Control (Chapter 1, under the Plant Consignment Definition); 
- Transit (Chapter 2, Article 3a); and 
- Artificial Organic Fertilizer (Chapter 3, Article 9c).  
Answer:
 
Natural Organic Fertilizer: The residues of natural plants or animals or the combination of them, 
which contains nutrients for plants and organi c substances necessary to improve the physical, 
chemical and vital qualities of the soil, which can harbour plant quarantine pests.   
The term Monitoring and Control (i.e. Official Control) refers to real enforcement of binding 
phytosanitary regulations and the application of bi nding phytosanitary measures in order to eradicate 
or contain the plant quarantine pests.  
The term Transit refers to the consignment p assing through the Republic but not destined for the 
territory of the Republic.  
Artificial Organic Fertilizer:  the residues of natural plants, animals or the combination thereof, which 
have been subjected to any manufacturing process to guarantee its heat treatment and packing to completely ensure that it has got to  be free of plant quarantine pest.  
Question 53 
Yemen's Law for the Year 1999 Concerning Plant Quarantine.  Chapter 3, Articles 5 and 6:  Is 
the Government of Yemen requiring 100  per cent t esting on all imported plant consignments?   
Answer:
 
The norm is the sampling method in testing imported plant shipments, but in case of potential risks 
which results from the process of risk assess ment, a 100 per cent testing is done.   WT/ACC/YEM/21 
Page 20 
 
 
 Question 54 
Yemen's Law for the Year 1999 Concerning Plant Quarantine.  Chapter 3, Articles 12 & 13:  
What is the procedure for obtaining prior permission from competent authorities?   
Answer:  
The procedures for obtaining import prior permission are as follows:  
- The applicant obtains the permission form fro m the Department of Plant Quarantine in the 
General Directorate of Plant Protection.  The application form can also be obtained from 
official Internet website address of the Mi nistry of Agriculture and Irrigation (www.mai-
yemen.org) or from International Phyto sanitary website address (www.ippc.int); 
- The application form, after being completely filled out by the applicant, is submitted along 
with the proof of fees payment to the Depa rtment of Plant Quarantine to finalize the 
permission issuance procedures; 
- The application is examined by the Department  of Plant Quarantine based on risk assessment 
for the shipment to be imported; 
- The permission is issued including all phytosan itary terms and requirem ents which should be 
met by the shipment; and 
- If phytosanitary rationale ex ists and requires the ban of the importation process, the 
permission is to be turned down and the applicant is officially notified of the rationale for the 
rejection of the application.  
Question 55 
With respect to Yemen's Law No. 17 for the year 2004 Pertaining to the Organization and 
Protection of Livestock - Annex 17:  We are pleased that Yemen is a member of the OIE, and we encourage Yemen to adopt Livestock Laws consistent with OIE regulations.  
Sub-Chapter 2, Article 28, Fight of Animal Diseases:  How will the Government of Yemen 
compensate owners' losses in ca ses of negligence on the part of the quarantine administration 
during quarantine?  How will negligence be determined?   
Answer:
 
The general legal rules in Yemen provide for the right of litigation for the appropriate remedy.  
Yemen is currently revising and updating the Animal  Wealth Law to be consistent with the OIE 
regulations.   
- Trade-related investment measures 
Question 56 
WT/ACC/YEM/18, Questions 10, 13, 16 and 90:  Yemen expressed its belief that certain tax 
incentives and product sharing agreements are not TRIMs (Questions 10, 13, and 16), while also noting that if these programmes are TRIMs, they  will seek a transition period.  We appreciate 
Yemen's willingness, expressed in reply to Quest ion 90, to provide a list of all measures that 
would be covered under the TRIMs agreement.   
Has Yemen begun to compile a list of potential TRIMs?   WT/ACC/YEM/21 
 Page 21 
 
 
 We request that Yemen develop an action plan to eliminate all TRIMs in a manner consistent 
with the TRIMs agreement, the Declaration on LD C Accessions, and the Hong Kong Ministerial 
Declaration (e.g., within seven years of accession).  An action plan should identify all existing 
incentive programmes that might be consider ed inconsistent with the TRIMs agreement, 
including measures on industrial free zones, production-sharing agreements, and special 
agreements.   
Would Yemen be able to provide a TRIMs action  plan before the next Working Party meeting? 
Answer:  
Please refer to answer to Question 43.  - Free zones, special economic areas Question 57 Our comments on subsidies also apply to Free Zones.  
Answer:
 
Please refer to the answer to Question 43.  
V. TRADE-RELATED INTELLECTUAL PROPERTY REGIME 
- GENERAL 
Question 58 WT/ACC/YEM/18, Question 99:  In response to Question 99, Yemen refers to 
WT/ACC/YEM/8, dated 21 July 2005, "Action Plan for the Implementation of the WTO 
Agreement on Trade-related Aspects of Intelle ctual Property Rights (TRIPS)", noting that 
Yemen has articulated its financial and techni cal assistances needs in this document.  We 
understand that Yemen has prepared an updated TRIPS Action Plan, which we look forward to reviewing further.   
We would like to note that we have offered technical assistance, through our Patent and 
Trademark Office, in drafting/reviewing IPR La ws and Regulations.  However, we have not 
received a response on this outstanding offer from Yemen, and we have not received drafts of 
IPR Laws for review/comment.  We  would like to note that we remain interested and willing to 
assist Yemen, and request that Yemen please submit copies of new IPR legislation to the 
Working Party for review. 
Answer:
 
In order to be compatible with TRIPS Agreemen t, Yemen emphasizes the Technical Assistance as 
indicated in the respective Action Plan.   
Yemen has conducted consultations with  WIPO on several draft laws.   
Please find attached copies of draft laws on Co pyright and Related Rights, Trademarks and 
Geographical Indicators and Industrial D esigns (WT/ACC/YEM/21/Add.1 refers). WT/ACC/YEM/21 
Page 22 
 
 
 - SUBSTANTIVE STANDARDS OF PROTECTION, INCLUDING PROCEDURES 
FOR THE ACQUISITION AN D MAINTENANCE OF INTELLECTUAL PROPERTY 
RIGHTS 
- Copyright and related rights 
Question 59 
WT/ACC/YEM/18, Questions 100-102:  In Yemen's responses to Questions 100-102, Yemen 
notes that it is in the process of revising its Copyright Law.   
Could Yemen please share its current revision of its Copyright Law with the Working Party for 
review?  Working Party members could then off er advice on any areas of inconsistency with 
WTO obligations.   
Answer:  
Please refer to the answer to Question 58.  
- Trademarks, including service marks 
- Geographical indications, including appellations of origin Question 60 
WT/ACC/YEM/18, Questions 104-105:  We app reciate Yemen's responses to Questions 104 and 
105 of WT/ACC/YEM/18.  
- Will Working Party members have an opport unity to review and comment on the final 
draft Law on Trademarks and Geographical I ndications prior to the finalization of the 
constitutional procedures for issuance? 
- We would like to offer to review the dra ft law and provide comments to Yemen in an 
effort to support Yemen's accession to the WTO.   
Answer:
 
Please refer to the answer to Question 58.  
- Industrial designs 
Question 61 
JOB(05)/172/Rev.2, paragraphs 166-168:  In Yemen's responses provided in paragraph 167, 
Yemen notes that it is in the process of revising its Industrial Design Law, and that a new law is 
anticipated to be enacted by 2008.   
Could Yemen please share its current draft revis ion of its Industrial Design Law with the 
Working Party for review?  Working Party memb ers could then offer advice on any areas of 
inconsistency with WTO obligations.   
Answer:  
Please refer to the answer to Question 58.   WT/ACC/YEM/21 
 Page 23 
 
 
 - Patents 
Question 62 JOB(05)/172/Rev.2, paragraphs 169-172:  We appreciate Yemen's responses to as provided in 
paragraphs 169-172.  
Will Working Party members have an opportunity  to review and comment on the final draft 
Law on Patents and Compulsory Licensing prio r to the finalization of the revision?   
We would like to offer to review the draft law and provide comments to Yemen in an effort to 
support Yemen's accession to the WTO.  
The comment regarding lack of infrastructure and technical capabilities is noted.  Are resources 
available in the World Intellectual Property Organization to assist Yemen in improving its 
infrastructure?  Furthermore, we would like to provide technical assistance to improve the functioning of the patent registration process.  It is noted that many Patent Offices around the 
world have benefited from work sharing with ot her Offices.  Has Yemen considered partnering 
with other intellectual property Offices, perhaps the GCC?  
Answer:
 
Please refer to the answer to Question 58.  
Yemen welcomes the offer by the Working Party Memb er to develop the patents' registration process, 
and is looking forward to receive technical assi stance related to developing IPR institutional and 
capacity building, which Yemen lacks at the present.   
- Requirements on undisclosed information,  including trade secrets and test data 
Question 63 
JOB(05)/172/Rev.2, paragraph 175:  We appreciate Yemen's responses as provided in 
paragraph 175.  
When is the next revision of the Intellectual Property Rights Law anticipated?  Will the 
Working Party have an opportunity to  review before the law is finalized? 
The request for technical assistance is noted.  We would like to offer technical assistance in 
drafting appropriate mechanisms to ensure compliance with TRIPS Article 39.  
Answer:  
Yemen will be happy to share the draft of the Law once it is ready.  
- ENFORCEMENT 
Question 64 
WT/ACC/YEM/18, paragraph 106:  Yemen's reply to Question 106 notes that current 
legislation does not provide the right holder with  the right to information about third parties 
involved in infringement.   WT/ACC/YEM/21 
Page 24 
 
 
 Will Yemen be revising its Evidence Law No. 21/19 2 to allow the provision of information about 
third parties involved in an infringement? 
Answer:  
New IPR Laws will be in line with Article 57 of the TRIPS Agreement.  
 
_______________ 
 
 
  WT/ACC/YEM/21 
 Page 25 
 
 
 ANNEX 
List C (1) - Ozone-Depleting Materials  
 
No. HS 
Heading CAS number Chemical Code 
Name Chemical 
Short Formula Chemical Name 
1. 29.03   * CHFBr 2 Fluorodibromomethane 
2. ~ 1511-62-2 HBFC-22B1 CHF 2Br Difluorobromomethane 
3. ~   * CH 2FBr Fluorobromomethane 
4. ~   * C 2HFBr 4 Fluorotetrabromoethane 
5. ~   * C 2HF 2Br3 Difluorotribromoethane 
6. ~   * C 2HF 3Br2 Trifluorodibromoethane 
7. ~ 124-72-1 * C 2HF 4Br Tetrafluorobromoethane 
8. ~   * C 2H2FBr 3 Fluorotribromoethane 
9. ~ 75-82-31392-1-
968 * C 2H2F2Br2 Difluorodibromoethane 
10. ~ 421-06-7 * C 2H2F3Br Trifluorobromoethane 
11. ~ 958-97-4 * C 2H3FBr 2 Fluorodibromoethane 
12. ~   * C 2H3F2Br Difluorobromoethane 
13. ~ 762-49-2 * C 2H4FBr Fluorobromoethane 
14. ~ 29470-94-8, 
134273-35-7 * C 3HFBr 6 Fluorohexabromopropane 
15. ~   * C 3HF 2Br5 Difluoropentabromopropane 
16. ~   * C 3HF 3Br4 Trifluorotetrabromopropane 
17. ~   * C 3HF 4Br3 Tetrafluorotribromopropane 
18. ~   * C 3HF 5Br2 Pentafluorodibromopropane 
19. ~ 63905-11-3 * C 3HF 6Br Hexafluorobromopropane 
20. ~   * C 3H2FBr 5 Fluoropentabromopropane 
21. ~   * C 3H2F2Br4 Difluorotetrabromopropane 
22. ~   * C 3H2F3Br3 Trifluorotribromopropane 
23. ~   * C 3H2F4Br2 Tetrafluorodibromopropane 
24. ~ 422-01-5 * C 3H2F5Br Pentafluorobromopropane 
25. ~   * C 3H3FBr 4 Fluorotetrabromopropane 
26. ~  * C 3H3F2Br3 Difluorotribromopropane 
27. ~ 431-21-0 * C 3H3F3Br2 Trifluorodibromopropane 
28. ~ 679-84-5 * C 3H3F4Br Tetrafluorobromopropane 
29. ~   * C 3H4FBr 3 Fluorotribromopropane 
30. ~   * C 3H4F2Br2 Difluorodibromopropane 
31.       C 3H4F3Br Trifluorobromopropane 
32. ~   * C 3H5FBr 2 Fluorodibromopropane 
33. ~   * C 3H5F2Br Difluorobromopropane 
34. ~ 352-91-0 * C 3H6FBr Fluorobromopropane 
35.      CH 2BrCl BromochloroMethane 
 
 WT/ACC/YEM/21 
Page 26 
 
 
 List C (2) - Systems, Equipment and Products Using or Containing any of the  
Items Subject to Monitoring Stated in Annex 1 Below  
 
1. Automobile and truck air conditioning units (whether incorporated in vehicles or not) 
2. Refrigerators 
3. Freezers 
4. Dehumidifiers 
5. Water coolers 
6. Ice machines 
7. Air-conditioning and heat pump units 
8. Aerosol products except the medical aerosol 
9. Portable fire extinguisher 
10. Insulation boards, panels and pipe covers 
11. Pre-Polymers 
12. Compressors as spare parts for equipment listed from 1-7 above 
 
Annex 1  
Items Subject to Prohibition in Imported Equipment, Tools and Products  
 
No. Chemical Name Chemical Short Formula Chemical Code Name 
1. Fluorotrichloromethane CFCl 3 CFC-11 
2. Diflorodichloromethane CF 2Cl2 CFC-12 
3. Trichlorotrifluoroethane C 2F3Cl3 CFC-113 
4. Dichlorotetrafluoroethane C 2F4Cl2 CFC-114 
5. Chloropentafluoroethane C 2F5Cl CFC-115 
6. Bromochlorodifluoromethane CF 2BrCL Halon-1211 
7. Bromotrifluoromethane CF 3Br Halon-1301 
8. Dibromotetrafluoroethane C 2F4Br2 Halon-2402 
9. Trifluorochloromethane CF 3Cl CFC-13 
10. Fluoropentachloroethane C 2FCl 5 CFC-111 
11. Difluorotetrachloroethane C 2F2Cl4 CFC-112 
12. Fluoroheptachloropropane C 3FCl 7 CFC-211 
13. Difluorohexachloropropane C 3F2Cl6 CFC-212 
14. Trifluoropentachloropropane C 3F3Cl5 CFC-213 
15. Tetrafluorotet rachloropropane C 3F4Cl4 CFC-214 
16. Pentafluorotrichloropropane C 3F5Cl3 CFC-215 
17. Hexafluorodichloropropane C 3F6Cl2 CFC-216 
18. Heptafluorochloropropane C 3F7Cl CFC-217 
19. Carbontetracchloride CCI 4 CTC 
20. I.I.I trichloroethane (Methyle 
Chloroform) C2H3CI3 CTA 
21. R -500  CFC-12/HFC-152a R-500 
22. R -502  HCFC-22/CFC151 R-502 
Note: Diplomats and passengers' personal luggage are excluded.  
 
 
__________