WORLD TRADE  
ORGANIZATION  RESTRICTED 
WT/ACC/SPEC/YEM/6/Rev.1 
6 July 2012 
 (12-3663) 
Working Party on the 
Accession of Yemen Original:   English 
 
 
 
ACCESSION OF YEMEN 
 
Draft Schedule of Specific Commitments on Trade in Services 
 
Draft List of Article II MFN Exemptions 
 
Revision 
  
 As indicated in paragraph 287 of the draft Report of the Working Party on the Accession of 
Yemen (WT/ACC/SPEC/YEM/5/Rev.4), the draft Sc hedule of Specific Commitments on Trade in 
Services resulting from the negotiations between Ye men and WTO Members is annexed to the draft 
Protocol of Accession of Yemen and is reproduced hereunder.    
_______________ 
  
  WT/ACC/SPEC/YEM/6/Rev.1 
Page 2 Modes of Supply:  (1) Cross-Border supply   (2)  Consumption ab road  (3)  Commercial Presence  (4)  Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Li mitations on National Treatment Additional Commitments 
I. HORIZONTAL COMMITMENTS 
Minimum foreign investments 
  (3) Minimum foreign investment is 
YR 50 million except in the following 
sectors: 
 
1. Business services 
 7.B. (xv) Provision and transfer of financial 
information, and financial data 
processing and related software by providers of other financial 
services. 
 7.B. (xvi) Advisory, intermediation and other 
auxiliary financial services on all 
the activities listed in sub-paragraph (v) to (xv), including 
credit reference and analysis, 
investment and portfolio research 
and advice, advice on acquisitions 
and on corporate restructuring strategy. 
 
9.B. Travel agency and tour operator services 
(CPC 74710). 
 
10.B. News agency services (CPC962).  
11.H.(c) Maritime freight transport agency 
services.  
Subsidies 
  (3) & (4) unbound with regards to subsidies, 
grants, tax incentives and tax 
credits.   
   WT/ACC/SPEC/YEM/6/Rev.1
 Page 3Modes of Supply:  (1) Cross-Border supply   (2)  Consumption ab road  (3)  Commercial Presence  (4)  Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Li mitations on National Treatment Additional Commitments 
Acquisition of land 
  (3) Non Yemenis are not allowed to 
purchase land and properties; however, 
they can lease land and properties for business purposes in specific sectors and 
sub-sectors covered in this schedule.   
Temporary Entry and Stay of Natural 
Persons 
 (4) Unbound, except for temporary entry 
and stay of natural persons in the categories listed below.   
Business visitors:  
Persons not based in Yemen, who are 
engaged in activities related to 
representing a service supplier for the 
purpose of negotiating for the sale of services of that supplier where: 
(a) such sales are not directly made to 
the general public, and 
(b) the sales person is not engaged in 
supplying the service. 
Duration of stay for persons named in this 
category is limited up to 90 days.   
Persons responsible for setting up a 
commercial presence 
Persons who are employees of an 
enterprise not having commercial presence in Yemen, who stay temporarily 
in Yemen for the purpose of setting up a 
commercial presence of that enterprise in Yemen.  
Duration of stay for persons named in this 
category is limited to 1 year, which may be extended, upon provision of legitimate 
justification. (4) As in the market access column.  
  
  WT/ACC/SPEC/YEM/6/Rev.1 
Page 4 Modes of Supply:  (1) Cross-Border supply   (2)  Consumption ab road  (3)  Commercial Presence  (4)  Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Li mitations on National Treatment Additional Commitments 
 Intra-corporate transferees 
 
Managers, executives and specialists as defined below, who are employees of 
firms that provide services in Yemen 
through a branch or subsidiary established in Yemen and who have been in the prior 
employment of their firm outside Yemen 
for a period of not less than 1 year prior to the date of application for entry and who 
fall with one of the following categories: 
 
A. Executives and Managers:   
Persons within an organization who 
primarily direct the organization or a department or sub-division of the 
organization, supervise or control the 
work of their supervisory, 
professional or managerial 
employees, have the authority to hire and fire or recommend hiring, firing 
or other personnel actions (such as 
promotion, or leave authorisation) and exercise discretionary authority 
over day-to-day operations. 
 
B. Specialists:  
 Persons within an organization who 
possess technical knowledge at an advanced level of continued expertise 
and who possess proprietary 
knowledge of the organization's services, research techniques or 
management techniques (specialists 
may include but are not limited to members of licensed professions).    
   WT/ACC/SPEC/YEM/6/Rev.1
 Page 5Modes of Supply:  (1) Cross-Border supply   (2)  Consumption ab road  (3)  Commercial Presence  (4)  Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Li mitations on National Treatment Additional Commitments 
  Duration of stay for ICT listed above 
is limited to 3 years, renewable up to 
5 years.   
 
Total number of foreign staff, excluding 
executives and other higher management of any establishment should not exceed 
20%.  However, a minimum of 
three persons will be allowed.    
  WT/ACC/SPEC/YEM/6/Rev.1 
Page 6 Modes of Supply:  (1) Cross-Border supply   (2)  Consumption ab road  (3)  Commercial Presence  (4)  Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Li mitations on National Treatment Additional Commitments 
II. SECTOR SPECIFIC COMMITMENTS 
I. BUSINESS SERVICES 
A. Professional Services 
(a) Legal services:  
 
 Legal advisory services in foreign 
law and international law (part of 
CPC 861)  (1) None 
(2) None 
(3) None  (4) Unbound, except as indicated in the 
horizontal section (1) None 
(2) None  
(3) None  (4) Unbound, except as indicated in the 
horizontal section  
(b) Accounting, auditing and 
bookkeeping services (CPC 862)  
 
 (1) Unbound 
(2) Unbound (3) None; except that access is restricted 
to foreign accounting companies 
licensed/registered at their home country with more than 8 years' 
experience and only in general 
partnership
1 with Yemeni licensed 
accountants with foreign 
participation ceiling of 49% 
(4) Unbound, except as indicated in the 
horizontal section (1) Unbound  
(2) Unbound  (3) None 
 
  
 
  
 
(4) Unbound, except as indicated in 
horizontal section  
(d) Architectural services (CPC 8671) 
(e) Engineering services (CPC 8672) (f) Integrated engineering services 
(CPC 8673)  
(g) Urban planning and landscape 
architectural services (CPC 8674) (1) Unbound  
(2) Unbound  (3) None 
(4) Unbound, except as indicated in the 
horizontal section (1) Unbound  
(2) Unbound  (3) None  
(4) Unbound, except as indicated in 
horizontal section  
(h) Specialized medical services 
(CPC 93122)  (1) None 
(2) None 
(3) None   
(4) Unbound, except as indicated in the 
horizontal section (1) None 
(2) None 
(3) Grants to patients may only be used at 
certain state/public health institutions. 
(4) Unbound, except as indicated in 
horizontal section  
                                                      
1 General partnership is a firm in which all partners are jointly and severally liable for the rights and obligations of the fir m.  A general partnership must be established 
and registered in accordance w ith the provisions of the companies' law, an d other existing related laws and regulations.  
   WT/ACC/SPEC/YEM/6/Rev.1
 Page 7Modes of Supply:  (1) Cross-Border supply   (2)  Consumption ab road  (3)  Commercial Presence  (4)  Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Li mitations on National Treatment Additional Commitments 
B. Computer and Related Services 
(a) Consultancy services related to the 
installation of computer hardware 
(CPC 841) 
(b) Software implementation services 
(CPC 842) 
(c) Data processing services (CPC 843) (d) Database services (CPC 844) 
(e) Other (CPC 845, 849)  (1) None  
(2) None 
(3) None (4) Unbound, except as indicated in the 
horizontal section (1) None  
(2) None 
(3) None (4) Unbound, except as provided under 
horizontal section  
F. Other Business Services  
(a) Advertising services ( CPC 871) 
(c) Management consulting service 
(CPC 865) 
(d) Services related to management 
consulting (CPC 866) (1) None  
(2) None (3) None 
(4) Unbound, except as indicated in 
horizontal section (1) None 
(2) None (3) None 
(4) Unbound, except as indicated in 
horizontal section  
(e) Technical testing and analysis 
services (CPC 8676)  
 (1) None  
(2) None 
(3) None 
(4) Unbound, except as indicated in 
horizontal section (1) Unbound  
(2) Unbound 
(3) Unbound 
(4) Unbound, except as indicated in 
horizontal section  
(h) Services incidental to mining 
(CPC 883, 5115) 
 
(m) Related scientific and technical 
consulting services (CPC 8675) (1) None  
(2) None (3) None 
(4) Unbound, except as indicated in 
horizontal section (1) Unbound 
(2) Unbound (3) None 
(4) Unbound, except as indicated in 
horizontal section  
(n) Maintenance and repair of 
equipment (not including maritime 
vessels, aircraft or other transport 
equipment).  (CPC 633, 8861-8866)  
 (1) None  
(2) None 
(3) None 
(4) Unbound, except as indicated in 
horizontal section (1) None  
(2) None 
(3) None 
(4) Unbound, except as indicated in 
horizontal section   
  WT/ACC/SPEC/YEM/6/Rev.1 
Page 8 Modes of Supply:  (1) Cross-Border supply   (2)  Consumption ab road  (3)  Commercial Presence  (4)  Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Li mitations on National Treatment Additional Commitments 
2. COMMUNICATION SERVICES  
B. Courier Services  
Courier Services (CPC 7512) 
 
  (1) None  
(2) None 
(3) None (4) Unbound, except as indicated in 
horizontal section (1) None 
(2) None 
(3) None (4) Unbound, except as indicated in 
horizontal section Private operators cannot be treated 
less favourably than Yemen's 
National Post Authority in providing express delivery services. 
C. Telecommunication Services 
Commitments are taken consistent with "Notes for Scheduling Basi c Telecom Services Commitments" (S/GBT/W/2/Rev.1) and "Market A ccess Limitations on Spectrum 
Availability" (S/GBT/W/3).  
(a) Voice telephone services  
(b) Packet-switched data transmission 
services  
(c) Circuit-switched data transmission 
services  
(d) Telex services  
(e) Telegraph services  (f) Facsimile services  
(g) Leased circuits services  (1) Unbound until December 2014, 
starting January 2015 none 
(2) Unbound until December 2014, 
starting January 2015 none 
(3) Unbound until December 2014, 
starting January 2015 none 
(4) Unbound, except as indicated in 
horizontal section (1) None 
 
(2) None 
 (3) None 
 
(4) Unbound, except as indicated in 
horizontal section Yemen undertakes the obligations 
contained in the Reference Paper 
attached hereto.  
(h) Electronic mail 
(i) Voice mail 
(j) On-line information and database 
retrieval  
(k) Electronic data interchange (EDI)  
(l) Enhanced/value added facsimile 
services including st ore and forward, 
store and retrieve  
(m) Code and protocol conversion  
(n) On-line information and data 
processing (1) Unbound until December 2014, 
starting January 2015 none 
(2) Unbound until December 2014, 
starting January 2015 none 
(3) Unbound until December 2014, 
starting January 2015 none 
(4) Unbound, except as indicated in 
horizontal section (1) None 
 
(2) None 
 (3) None 
 
(4) Unbound, except as indicated in 
horizontal section  
Mobile Telecommunications Services 
 (1) None  
(2) None  
(3) None (4) Unbound, except as indicated in 
horizontal section (1) None  
(2) None  
(3) None (4) Unbound, except as indicated in 
horizontal section   
   WT/ACC/SPEC/YEM/6/Rev.1
 Page 9Modes of Supply:  (1) Cross-Border supply   (2)  Consumption ab road  (3)  Commercial Presence  (4)  Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Li mitations on National Treatment Additional Commitments 
D. Audio-visual services  
1. Nothing in this commitment shall require Yemen to provide a m eans of exhibition or transmission of audio-visual services not  offered by the Yemeni Government to the 
public generally. 
2. Audio-visual services list below are not to be supplied directly to the public.  
(a) Motion picture and home video 
entertainment distribution services (CPC 96113) to other industries for 
public entertainment, television 
broadcasting, or sale or rental to 
others
2 (1) None 
(2) None  (3) Unbound  
(4) Unbound, except as indicated in the 
horizontal section 
 (1) None 
(2) None  (3) Unbound  
(4) Unbound, except as indicated in the 
horizontal section  
(e) Sound recording  (1) None 
(2) None  (3) Unbound  
(4) Unbound, except as indicated in the 
horizontal section (1) None 
(2) None  (3) Unbound  
(4) Unbound, except as indicated in the 
horizontal section  
3. CONSTRUCTION AND RELATED ENGINEERING SERVICES
A. General construction work for 
buildings (CPC 512)  
B. General construction work for civil 
engineering (CPC 513)  
C. Installation and assembly work 
(CPC 514, 516)  
D. Building completion and finishing 
work (CPC 517)  (1) Unbound  
(2) None 
(3) None (4) Unbound, except as indicated in the 
horizontal section (1) None 
(2) None 
(3) None (4) Unbound, except as indicated in 
horizontal section  
4. DISTRIBUTION SERVICES  
A. Retail trade services  
 (CPC 631, 632, 6111, 6113, 6121)   (1) None 
(2) None 
(3) Unbound  
(4) Unbound, except as indicated in the 
horizontal section (1) None 
(2) None 
(3) Unbound  
(4) Unbound, except as indicated in 
horizontal section  
B. Wholesale trade services (CPC 622)  (1) None  
(2) None 
(3) None  
(4) Unbound, except as indicated in the 
horizontal section (1) None 
(2) None 
(3) None 
(4) Unbound, except as indicated in 
horizontal section  
                                                      
2 For purposes of clarity, this commitment relates only to distribution, i.e., licensing of motion pictures or videotapes, and d oes not cover their television broadcast.  
  WT/ACC/SPEC/YEM/6/Rev.1 
Page 10 Modes of Supply:  (1) Cross-Border supply   (2)  Consumption ab road  (3)  Commercial Presence  (4)  Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Li mitations on National Treatment Additional Commitments 
5. EDUCATIONAL SERVICES 
C. Higher Education Services 
 (CPC 923) 
 D. Adult Education Services (CPC 924) 
 (1) Unbound  
(2) None 
(3) None  
 
(4) Unbound, except as indicated in the 
horizontal section (1) Unbound  
(2) None 
(3) Government scholarships and grants are 
only awarded to students in government 
educational institutions. 
(4) Unbound, except as indicated in 
horizontal section  
E. Other Education Services (CPC 929). 
 Training services (language training, 
drivers training, executive management training, information 
technology training); education 
testing services; after school courses; educational programs offered during 
school breaks; and tutoring and 
preparatory courses.  (1) None 
(2) None 
(3) None  
 
(4) Unbound, except as indicated in the 
horizontal section (1) None 
(2) None 
(3) Government scholarships and grants are 
only awarded to students in government 
educational institutions 
(4) Unbound, except as indicated in 
horizontal section  
6. ENVIRONMENTAL SERVICES  
A. Sewage services (CPC 94010) 
 
B. Refuse disposal services 
(CPC 94020)  
 
C. Sanitation and similar services 
(CPC 9403)   
 
D. Other  
 
- cleaning services for exhaust gases 
(CPC 9403)  
- nature and landscape protection 
services (CPC 9406)  
- noise abatement services 
(CPC 9405) (1) None 
(2) None 
(3) Unbound until laws and regulations 
are established or 3 years after 
accession, whichever is earlier. 
Thereafter, none 
(4) Unbound, except as indicated in the 
horizontal section  
 (1) None 
(2) None 
(3) None  
 
 (4) Unbound, except as indicated in the 
horizontal section 
   
   WT/ACC/SPEC/YEM/6/Rev.1
 Page 11Modes of Supply:  (1) Cross-Border supply   (2)  Consumption ab road  (3)  Commercial Presence  (4)  Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Li mitations on National Treatment Additional Commitments 
7. FINANCIAL SERVICES 
The classification of the financial services is based on the cla ssification of the financial services in the Annex on Financial  Services in the GATS.  
A. Insurance and Insurance Related Services 
(i) Direct Insurance 
(A) Life  
(B) Non-life   (1) Unbound, except none starting 
3 years after accession only for insurance of risks relating to marine 
shipping and commercial aviation 
and space launching and freight (including satellites), with such 
insurance to cover any or all of the 
following:  the goods being transported, the vehicle transporting 
the goods and any liability arising 
there from  
 
(2) Unbound, except none starting 
3 years after accession only for 
insurance of risks relating to marine 
shipping and commercial aviation and space launching and freight 
(including satellites), with such 
insurance to cover any or all of the following:  the goods being 
transported, the vehicle transporting 
the goods and any liability arising there from 
 
(3) Starting 3 years after accession, 
commercial presence is allowed in 
the form of branches of foreign 
insurance companies 
 
(4) Unbound, except as indicated in the 
horizontal section (1) Unbound  
  
 
  
 
  
 
  
(2) Unbound  
 
 
  
 
  
 
  
 
(3) None   
 
  
(4) Unbound, except as indicated in 
horizontal section  
  
  WT/ACC/SPEC/YEM/6/Rev.1 
Page 12 Modes of Supply:  (1) Cross-Border supply   (2)  Consumption ab road  (3)  Commercial Presence  (4)  Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Li mitations on National Treatment Additional Commitments 
(ii) Reinsurance and retrocession  
 
  (1) None  
(2) None  
(3) None  (4) Unbound, except as indicated in the 
horizontal section (1) None  
(2) None  
(3) None (4) Unbound, except as indicated in 
horizontal section  
(iii) Insurance intermediation (brokerage 
and agency)  
 
(iv) Services auxiliary to insurance 
(consultancy, actuarial, risk assessment and claims settlement 
services) (1) None  
(2) None (3) None  
(4) Unbound, except as indicated in the 
horizontal section 
 (1) None  
(2) None (3) None 
(4) Unbound, except as indicated in the 
horizontal section 
  
B. Banking and Other Financial Services 
(v) Acceptance of deposits and other 
repayable funds from the public; 
(vi) Lending of all types, including, 
inter alia , consumer credit, mortgage 
credit, factoring and financing of 
commercial transactions; 
(vii) Financial leasing; (viii) All payment and money 
transmission services including 
credit, charge and debit cards, travellers cheques and bankers 
drafts;  
(ix) Guarantees and commitments;  (x) Trading for own account or for 
account of customers, whether on an 
exchange, in an over-the-counter market or otherwise, the following: 
 (A) money-market instruments 
(cheques, bills, certificates of deposits, etc.) 
 (B) foreign exchange  (1) Unbound  
(2) None   
(3)(i) None for locally incorporated 
joint stock banks with a foreign 
equity ceiling of 60% 
    (ii) Starting 5 years after accession, 
branches of international banks 
licensed and supervised as banks 
in their home country are allowed to establish in Yemen 
    (iii) Representative offices of foreign 
banks are not allowed to take deposits or undertake any kind of 
banking business 
(4) Unbound, except as indicated in the 
horizontal section (1) None  
(2) None   
(3) None 
 
 
  
 
  
 
  
 
 
(4) Unbound, except as indicated in the 
horizontal section  
  
 
 
 
  
 
  
 
  
 
   
   WT/ACC/SPEC/YEM/6/Rev.1
 Page 13Modes of Supply:  (1) Cross-Border supply   (2)  Consumption ab road  (3)  Commercial Presence  (4)  Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Li mitations on National Treatment Additional Commitments 
 (C) derivative products including, 
but not limited to, futures and 
options 
 (D) exchange rate and interest rate 
instruments, other than swap 
 (E) transferable securities   (F) other negotiable instruments 
and financial assets, including 
bullion.    
(xi) Participation in issues of all kinds of 
securities, including underwriting 
and placement as agent (whether 
publicly or privately) and provision of service – related to such issues; 
(xii) Money broking;  
(xiii) Asset management, such as cash or 
portfolio management, all forms of 
collective investment management, 
custodial depository and trust services.  (Pension Fund 
Management excluded);  
(xiv) Settlement and clearing services for 
financial assets, including securities, 
derivative products, and other 
negotiable instruments.  (1) Unbound 
(2) None 
(3) None when the Government 
authorises such business, determines what types of entities can conduct 
these services, the related laws and 
regulation are established 
 
(4) Unbound, except as indicated in the 
horizontal section (1) None  
(2) None  
(3) None 
  
 
  
(4) Unbound, except as indicated in the 
horizontal section  
 
 
  
 
  
(xv) Provision and transfer of financial 
information, and financial data 
processing and related software by 
providers of other financial services; 
(xvi) Advisory, intermediation and other 
auxiliary financial services on all the activities listed in subparagraphs (v) 
to (xv), including credit reference and 
analysis, investment and portfolio research and advice, advice on 
acquisitions and on corporate 
restructuring strategy. (1) None  
(2) None 
(3) None  
(4) Unbound, except as indicated in the 
horizontal section (1) None  
(2) None 
(3) None  
(4) Unbound, except as indicated in the 
horizontal section   
  WT/ACC/SPEC/YEM/6/Rev.1 
Page 14 Modes of Supply:  (1) Cross-Border supply   (2)  Consumption ab road  (3)  Commercial Presence  (4)  Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Li mitations on National Treatment Additional Commitments 
8. HEALTH RELATED AND SOCIAL SERVICES 
A. Hospitals with more than 100 beds 
(part of CPC 93110) 
  
 (1) None 
(2) None 
(3) None (4) Unbound, except as indicated in the 
horizontal section (1) None 
(2) None 
(3) None (4) Unbound, except as indicated in 
horizontal section  
9. TOURISM AND TRAVEL RELATED SERVICES 
A. Hotels, only 4- and 5-stars categories 
hotels (part of CPC 64110) restaurants (CPC 6421-6422)  
 (1) None  
(2) None (3) None  
(4) Unbound, except as indicated in the 
horizontal section (1) None 
(2) None (3) None 
(4) Unbound, except as indicated in 
horizontal section  
B. Travel agency and tour operator 
services (CPC 74710)  (1) None  
(2) None  
(3) None  
(4) Unbound, except as indicated in the 
horizontal section (1) Unbound  
(2) None  
(3) None 
(4) Unbound, except as indicated in 
horizontal section  
10. RECREATIONAL CULTURAL AND SPORTING SERVICES 
B. News agency services (CPC 962)  
  
 
 (1) None  
(2) None (3) None 
(4) Unbound, except as indicated in the 
horizontal section (1) None  
(2) None (3) None 
(4) Unbound, except as indicated in the 
horizontal section  
11. TRANSPORT SERVICES  
A. Maritime Transport Services  
 
(a) Passenger transportation 
(CPC 7211)  
(b) Freight transportation (CPC 7212)  
(c) Rental of vessels with crew 
(CPC 7213)  
  
 
(1) None  
(2) None (3) None 
(4) Unbound, except as indicated in the 
horizontal section  
 
(1) None  
(2) None (3) None 
(4) Unbound, except as indicated in the 
horizontal section The following services at the port are 
made available to international 
maritime transport suppliers on 
reasonable and none discriminatory terms and conditions: 
 
1. Pilotage 2. Towing and the tug assistance 
3. Provisioning, fuelling and 
watering 
4. Garbage collecting and ballast 
waste disposal  
5. Port captain's services   
   WT/ACC/SPEC/YEM/6/Rev.1
 Page 15Modes of Supply:  (1) Cross-Border supply   (2)  Consumption ab road  (3)  Commercial Presence  (4)  Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Li mitations on National Treatment Additional Commitments 
6. Navigation aids 
7. Shore-based operational services 
essential to ship operations including communications, 
water and electrical supplies 
8. Emergency repair facilities  9. Anchorage, berth and berthing 
E. Rail Transport Services 
 
(a) Passenger transportation 
(CPC 7111) 
(b) Freight transportation (CPC 7112)   
 
(1) None  (2) None 
(3) None  
(4) Unbound, except as indicated in the 
horizontal section  
 
(1) None  (2) None 
(3) None 
(4) Unbound, except as indicated in the 
horizontal section  
H. Services Auxiliary to maritime 
transport services only3 
 (a) Maritime cargo-handling services  
(b) Maritime storage and warehouse 
services  
(c) Maritime freight transport agency 
services   
 
 (1) None  
(2) None 
(3) Foreign equity ceiling of 51% 
(4) Unbound, except as indicated in the 
horizontal section  
 
 (1) None  
(2) None 
(3) None 
(4) Unbound, except as indicated in the 
horizontal section  
 
 
 
  
 
  
 
 
                                                      
3 Services are classified using the definitions of the Japanese model schedule for maritime transport services.    WT/ACC/SPEC/YEM/6/Rev.1 
Page 16  
 
  TELECOMMUNICATION REFERENCE PAPER 
 
Scope 
The following are definitions and principles on the regulatory framework for the basic 
telecommunications services.   
Definitions 
Users mean service consumers and service suppliers.   
Essential facilities mean facilities of a public telecommunications transport network or service that: 
 (a) are exclusively or predominantly provided by a single or limited number of 
suppliers; and 
 (b) cannot feasibly be economically or technically substituted in order to provide a service. 
A major supplier is a supplier which has the ability to  materially affect the terms of participation 
(having regard to price and supply) in the releva nt market for basic telecommunications services as a 
result of: 
 (a) control over essential facilities; or 
 (b) use of its position in the market. 
1. Competitive safeguards 
1.1 Prevention of anti-competitive practices in telecommunications 
 Appropriate measures shall be maintained for the purpose of preventing suppliers who, alone 
or together, are a major supplier from engaging  in or continuing anti-competitive practices. 
1.2 Safeguards 
 The anti-competitive practices referred to above shall include in particular:  (a) engaging in anti-competitive cross-subsidization;   
 (b) using information obtained from comp etitors with anti-competitive results; and 
 (c) not making available to other services s uppliers on a timely basis technical information 
about essential facilities and commercially rele vant information which are necessary for 
them to provide services.  
2. Interconnection 
2.1 This section applies to linking with supplie rs providing public telecommunications transport 
networks or services in order to allow the user s of one supplier to communicate with users of 
another supplier and to access services provi ded by another supplier, where specific 
commitments are undertaken. 
2.2 Interconnection to be ensured 
 Interconnection with a major supplier will be en sured at any technically feasible point in the 
network.  Such interconnection is provided:  WT/ACC/SPEC/YEM/6/Rev.1 
 Page 17 
 
 
   
 (a) under non-discriminatory terms, conditi ons (including technical standards and 
specifications) and rates and of a quality no less favourable than that provided for its 
own like services or for like services of non- affiliated service suppliers or for its 
subsidiaries or other affiliates; 
 (b) in a timely fashion, on terms, cond itions (including technical standards and 
specifications) and cost-oriented rates that are transparent, reasonable, having regard to economic feasibility, and sufficiently unbundled  so that the supplier need not pay for 
network components or facilities that it does not  require for the service to be provided; 
and 
 (c) upon request, at points in addition to th e network termination points offered to the 
majority of users, subject to charges that reflect the cost of construction of necessary 
additional facilities. 
2.3 Public availability of the pro cedures for interconnection negotiations 
 The procedures applicable for interconnecti on to a major supplier will be made publicly 
available. 
2.4 Transparency of interconnection arrangements 
 It is ensured that a major supplier will make  publicly available either its interconnection 
agreements or a reference interconnection offer. 
2.5 Interconnection:  dispute settlement 
 A service supplier requesting interconnection with  a major supplier will have recourse, either: 
 (a) at any time; or 
 (b) after a reasonable period of time whic h has been made publicly known to an 
independent domestic body, which may be a regulatory body as referred to in 
paragraph 5 below, to resolve disputes re garding appropriate terms, conditions and 
rates for interconnection within a reasonable period of time, to the extent that these 
have not been established previously. 
3. Universal service 
 Any Member has the right to define the ki nd of universal service obligation it wishes to 
maintain.  Such obligations will not  be regarded as anti-competitive per se , provided they are 
administered in a transparent, non-discrimin atory and competitively neutral manner and are 
not more burdensome than necessary for the kind of universal service defined by the Member.   
4. Public availability of licensing criteria 
 Where a licence is required, the followi ng will be made publicly available: 
 (a) all the licensing criteria and the period of time normally required to reach a decision 
concerning an application for a licence; and 
 (b) the terms and conditio ns of individual licenses. 
 The reasons for the denial of a licence will be  made known to the applicant upon request. WT/ACC/SPEC/YEM/6/Rev.1 
Page 18  
 
  5. Independent regulators 
 The regulatory body is separate from, and not accountable to, any supplier of basic 
telecommunications services.  The decisions of and the procedures used by regulators shall be 
impartial with respect to all market participants. 
6. Allocation and use of scarce resources 
 Any procedures for the allocation and use of s carce resources, including frequencies, numbers 
and rights of way, will be carried out in  an objective, timely, transparent and 
non-discriminatory manner.  The current state of allocated frequency bands will be made 
publicly available, but detailed identification of frequencies allocated for specific government 
uses is not required. 
  
   WT/ACC/SPEC/YEM/6/Rev.1
 Page 19YEMEN - LIST OF ARTICLE II (MFN) EXEMPTIONS 
 
Sector or sub-sector Description of measure indicating its 
inconsistency with Article II Countries to which the measure 
applies Intended duration Conditions creating the  
need for the exemption 
Land transport Facilitation of transport and transit 
transport agreements. Existing and future bilateral or 
plurilateral agreements.  Indefinite The need to promote tourism, exports 
and trade in transport services especially with neighbouring 
countries. 
Maritime transport Establishes procedures, charges, and 
specific regulations for maritime transport 
applicable for ships of countries 
concerned. Existing and future bilateral or 
plurilateral agreements. Indefinite Facilitate navigation.  
Audio-visual services 
- Production and distribution of 
television programmes and 
cinematographic works. Measures based upon coproduction 
agreements of audio- visual works, which 
confer National Treatment to audio-visual 
works covered by such agreements. Countries with which such 
bilateral or plurilateral 
agreements are in  force, now or 
in the future. Indefinite 
 The aim of these agreements is to 
promote cultural links between the 
countries concerned. 
Audio-visual services  
- Production and distribution of 
television programmes and 
cinematographic works. Measures granting the benefit of support 
programmes to audio-visual works, and 
suppliers of such works meeting origin 
criteria. Countries with which bilateral 
and plurilateral agreements are 
in force, now or in the 
future, in the area of cultural cooperation.  Indefinite 
 These programmes aim at preserving 
and promoting the cultural identity of 
countries with which Yemen has 
long-standing cultural links. 
 
__________