RESTRICTED  WORLD TRADE  
ORGANIZATION  WT/ACC/YEM/28 
26 November 2009 
 (09-5947) 
Working Party on the 
Accession of Yemen Original:   English 
 
 
 
ACCESSION OF YEMEN 
 
Additional Questions and Replies  
 
 
 The following submission, dated 16 November 2009,  is being circulated at the request of the 
Delegation of the Republic of Yemen.   
_______________  WT/ACC/YEM/28 
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 TABLE OF CONTENTS 
 
II. ECONOMIC POLICIES..........................................................................................................1  
- Investment Regime.............................................................................................................. ......1  
- State Ownership, Privatization and State-trading Entities...................................................2  
- Pricing Policies ............................................................................................................... ...........3  
III. FRAMEWORK FOR MAKING AN D ENFORCING POLICIES ......................................3  
- Powers of Executive, Legislative and Judicial Branches of Government ............................3  
IV. POLICIES AFFECTING TRADE IN GOODS .....................................................................4  
- Trading Rights ................................................................................................................. .........4  
A. IMPORT REGULATIONS......................................................................................................6  
- Other duties and charges....................................................................................................... ...6 
- Tariff rate quotas, tariff exemptions.......................................................................................7  
- Fees and charges for services rendered...................................................................................7  
- Application of internal  taxes to imports .................................................................................8  
- Quantitative import restrictions, includi ng prohibitions, quotas and licensing 
systems ........................................................................................................................ ...............8  
- Customs valuation.............................................................................................................. .....12  
- Rules of origin ................................................................................................................ .........16  
- Anti-dumping, countervailing duties, safeguards regimes..................................................16  
C. INTERNAL POLICIES A FFECTING FOREIGN TRADE IN GOODS .........................16  
- Industrial policy, including subsidies....................................................................................16  
- Technical barriers to trade, standards and certification.....................................................17  
- Sanitary and phytosanitary measures...................................................................................18  
- Trade-related investment measures ......................................................................................23  
- Agricultural policies.......................................................................................................... ......24  
V. TRADE-RELATED INTELLECTUAL  PROPERTY RIGHTS........................................24  
- SUBSTANTIVE STANDARDS OF PROTECTION, INCLUDING 
PROCEDURES FOR THE ACQUISITION AND MAINTENANCE OF INTELLECTUAL PROPERTY RIGHTS ...........................................................................24
 
- Copyright and related rights..................................................................................................2 4 
- Trademarks, including  service marks...................................................................................28  
- Geographical indications, including appellations of origin.................................................28  
- Patents........................................................................................................................ ..............28  
- ENFORCEMENT...................................................................................................................2 9 
VII. TRANSPARENCY .................................................................................................................31  
 
  WT/ACC/YEM/28 
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 II. ECONOMIC POLICIES 
- Investment Regime Question 1 WT/ACC/YEM/26, Question 10:  We note that Ye men has stated that a review of its Investment 
Law will take place in 2009.  We would like to  reserve our rights to review and ask further 
questions regarding any new Investment Law or an y revisions to the existing Investment Law. 
Presently, we request information on the specifi c modifications Yemen is making (or has made) 
to its investment law and related implementing  regulations, and when does Yemen expect to 
finalize these modifications (if it hasn't already)? 
Answer:
 
Please refer to the Draft Law (WT/ACC/YEM/28/Add.1).  It is currently presented to the Parliament.  
Question 2 
It would be helpful for the development of th e Working Party documentation if Yemen could 
please provide further information on the work it is undertaking to bring its trade regime in 
line with the obligations of the Agreement on  Subsidies and Countervailing Measures (ASCM).   
Answer:  
Please refer to the revised Action Plan on Subsidies (WT/ACC/YEM/27/Rev.1). 
Question 3 
With respect to Yemen's request for a transitional period for aspects of its Investment Law that 
appear to be contingent upon export performa nce or the use of domestic over imported goods 
(either subsidies or TRIMs), we are f avourably considering this request.   
However, we remind Yemen that under Article 25 of the ASCM, a Member is obligated to 
notify to the Committee on Subsidies and Counter vailing Measures, any subsidy, as defined in 
Article 1 of the ASCM, which is specific, within the meaning of Article 2 of the ASCM, that is granted or maintained within its territory.  The notification should be specific enough to enable other Members to evaluate the trade effects and to understand the subsidy programme.   
Members shall ensure that the subsidy notifica tion contains the following information: 
- Form of the subsidy (grant, loan, tax); 
- Subsidy per unit or total amount or annual budgeted for that year; - Policy objective and/or purpose of the subsidy; - Duration of the subsidy and/or any other time limits attached to it; and - Statistical data providing  assessment of the trade effects of the subsidy. 
We request that Yemen please provide a complete subsidy notification which should include all 
of the programmes for which Yemen is requesting a transition period. 
We will need this document to evaluate Yeme n's request for transitions, and therefore we 
confirm to Yemen that we cannot conclude th e Working Party review, until has provided the WT/ACC/YEM/28 
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 Working Party a complete subsidy notification as required by Article 25 of the SCM 
Agreement.   
In addition, requests for transiti ons for TRIMs must also be accompanied by a listing of the 
specific TRIMs receiving the transition, their sc ope and duration, and, as provided for in the 
Agreement, only those TRIMs notified are, in fa ct, covered by the transitional arrangement. 
Therefore we confirm that we cannot conclude the Working Party review until Yemen either 
notifies these TRIMs and/or any other such programmes to the Working Party.  
We thank Yemen for its Action Plan for eliminated the local content subsidies 
(WT/ACC/YEM/27).  However, as stated above, Yeme n needs to clearly identify and fully notify 
the particular local content subsidies for which it is requesting a transition period.  
Answer:
 
Please refer to the Notifications on Subsidies and TR IMs (WT/ACC/YEM/29 and 30).  It is noted that 
the transition period required runs until 2013 in  accordance with the Hong Kong Declaration. 
- State Ownership, Privatization and State-trading Entities 
Question 4 
We request that the following commitment be a dded after paragraph 41 in the Elements of a 
Draft Working Party Report: 
"xx.   The representative of Yemen confirmed that from the date of accession Yemen would 
ensure that all State-owned, State-invested  and other enterprises with special or exclusive 
privileges would make purchases of good s and services, which were not intended for 
governmental use, and sales in international trad e, based solely on commercial considerations, 
e.g. price, quality, marketability and availabili ty, and that the enterprises of other WTO 
Members would have an adequate opportunity  in accordance with customary practice to 
compete for such purchases or sales.  In addi tion, Yemen would not influence, directly or 
indirectly, commercial decisions on the part of State-owned, State-invested, and other enterprises with special or exclusive privileges, including on the quantity, value or country of 
origin of any goods purchased or sold, except in  a manner consistent with the WTO Agreement.  
The representative of Yemen confirmed that upon accession Yemen also would notify and 
provide information on the activities of all St ate-owned, State-invested, and other enterprises 
with special or exclusive privileges in acco rdance with Article XVII of the GATT and the 
Understanding on that Article.  The Work ing Party took note of these commitments."  
Answer:
 
Yemen agrees to this commitment as follows: 
xx.   The representative of Yemen confirmed that from the date of accession Yemen would ensure that 
all State-owned and other enterprises with special  or exclusive privileg es would make purchases of 
goods and services, which were not intended for govern mental use, and sales in international trade, 
based solely on commercial considerations, e.g. pr ice, quality, marketability and availability, and that 
the enterprises of other WTO Members would have  an adequate opportunity in accordance with 
customary practice to compete for such purchases or sales.  In addition, Yemen would not influence, 
directly or indirectly, commercial decisions on th e part of State-owned, and other enterprises with 
special or exclusive privileges, including on the quantity, value or country of origin of any goods  WT/ACC/YEM/28 
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 purchased or sold, except in a manner consistent w ith the WTO Agreements.  The representative of 
Yemen confirmed that upon accession Yemen also would notify and provide  information on the 
activities of all State-owned, and other enterprises w ith special or exclusive privileges in accordance 
with Article XVII of the GATT and the Understanding on that Article.  The Working Party took note 
of these commitments."  
- Pricing Policies Question 5 We request that the following commitment be a dded after paragraph 43 in the Elements of a 
Draft Working Party Report: 
"xx.  The representative of Yemen confirmed that, from the date of accession, in the application 
of price controls, Yemen would apply such meas ures in a WTO-consistent fashion, and take 
account of the interests of exporting WTO Members as provided for in Article III.9 of the GATT 1994, and in Article VIII of the Genera l Agreement on Trade in Services (GATS).  
Yemen would publish the list of goods and services subject to State price control and any changes to this list in its Official Gazette and would continue to do so after accession.  The 
Working Party took note of these commitments."  
Answer:
 
Yemen agrees to this commitment.  
III. FRAMEWORK FOR MAKING AND ENFORCING POLICIES 
- Powers of Executive, Legislative and Judicial Branches of Government Question 6 
We request that the following commitment be a dded after paragraph 53 in the Elements of a 
Draft Working Party Report: 
"xx.   The representative of Yemen confirmed that the current Constitution, Laws and 
regulations provide the necessary institutional ba se for the prompt administrative and judicial 
review of the Government's actions.  He furth er confirmed that from the date of accession 
Yemen's laws would provide for the right to appeal  administrative rulings on matters subject to 
WTO provisions to the courts or other independent tribunal in conformity with WTO obligations, including those set out in Article X of the GATT 1994, Article 23 of the Agreement on Subsidies and Countervailing Measures, Article 11 of the Agreement on Implementation of Article VII of the GATT 1994, Article 62 of the Agreement on Trad e-Related Aspects of 
Intellectual Property Rights and Article VI of GA TS.  The tribunals or procedures would also 
include actions relating to the implementation of national treatment, conformity assessment, the 
regulation, control, supply or promotion of a servi ce, including the grant or denial of a licence to 
provide a service and other matters.  The tribunals  or procedures responsible for such reviews 
would be impartial and independent of the agenc y entrusted with administrative enforcement 
and shall not have any substantial interest in th e outcome of the matter.  The review procedure 
would include the opportunity for appeal, with out penalty, by individuals or enterprises 
affected by any administrative action subject to review.  Notice of the decision on appeal would 
be given to the appellant and the reasons for such a decision would be provided in writing.  The Working Party took note of these commitments."  WT/ACC/YEM/28 
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 Answer:
 
Yemen agrees to this commitment under the unders tanding that Independent Tribunals means the 
specialized courts. 
IV. POLICIES AFFECTING TRADE IN GOODS 
- Trading Rights 
Question 7 
With respect to Yemen's  "Action Plan for Implementing Trading Rights Commitment, 
Revision" (WT/ACC/YEM/24/Rev.1), we appreciate  the additional information that has been 
added to Yemen's action plan on trading righ ts.  The new information provided on specific 
legislation to be amended is helpful.   
As Yemen progresses in its review of its trading rights regime, we request that Yemen provide 
additional information on the specific changes that are envisioned in this legislation, or if new 
legislation will be drafted, and how the legisl ative changes will be in conformity with WTO 
requirements. 
Answer:  
Please refer to the revised Action Plan on Tradi ng Rights Implementation (WT/ACC/YEM/24/Rev.2).  
At the end of the transitional period, Yemen will make  sure its legislations are in conformity with 
WTO requirements in this regards. 
Question 8 
Specifically, we request that Yemen provide inform ation on the changes it is making to ensure 
traders of all WTO Members can meet the requirements to import and export, including: 
- The requirements for registration to import and export, that "proof of fixed premises in 
Yemen" is not a requirement to import or export and that non-resident entities are 
permitted to register as importers of record; and 
- That a Ministerial Decision on the registration of a firm is not required to import or 
export. 
In Yemen's action plan, it notes that it will " search, study, and examine a system of registration 
of importers of record."  Has Yemen created an outline of how it will conduct this study and 
examination? If so, could it explain it s thinking on this issue thus far?  
Answer:  
Yemen is currently studying the various options ava ilable to it in this regard.  Currently, we are 
looking at systems other countries are using and assessing the suitability of various systems to meet 
Yemen's needs.  Once this step has been completed, the next step would be to formulate the system to 
be used for this purpose in accordance with th e revised Action Plan (WT/ACC/YEM/24/Rev.2). 
Question 9 
Yemen has requested a three-year period after a ccession to bring its trading rights regime into 
conformity with the WTO Agreement.  In its response to Question 24 of WT/ACC/YEM/26,  WT/ACC/YEM/28 
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 Yemen notes that the transition period "will enable the implementation of the commitment in a 
manner that is fully consistent with Members' request while mitigating the negative consequences that are likely to occur sh ould implementation be rushed."   
Can Yemen explain why it believes that it needs three years to make the transition?  Are there reasons that Yemen cannot implement these commitments sooner?  
Further, what "negative consequences" is Yemen concerned about "should implementation be 
rushed"?  
Answer:
 
Please refer to the revised action plan (WT/ACC/ YEM/24/Rev.2) which outlines the steps Yemen 
needs to take to implement this commitment and th e time needed to do so.  Meantime, please note that 
it is not possible for Yemen to move  from the current system of registration to a totally new system of 
registration without having to go through the outlined steps to ensure that the system is appropriately 
designed and takes into account issues such as tax es, consumer interests, compliance with applied 
laws etc. 
Negative consequences may take the form of lost revenues, non-complia nce with legislation, and loss 
of ability to identify parties responsible for th e product liability (importers/exporters etc.). 
Question 10 
Question 23 of WT/ACC/YEM/26:  In this question, Members have requested that Yemen 
please make a commitment that the registration fees for importers and exporters reflect the cost 
of the services rendered and that these fees will co nform to WTO requirements by Yemen's date 
of accession. 
We note that the Elements of a Draft Working Party Report states in paragraph 60 that the 
registration fees were being revised (by 2009).  Have the registration fees been revised, and can 
Yemen please provide an update on its regis tration fees for importers and exporters?   
We support the commitment language in paragr aph 62 which states "Registration fees for 
importers and exporters would reflect the cost s of the services rendered and these fees would, 
from the date of accession, conform with WTO requirements." 
Answer:  
Yemen confirms that from the date of accession these fees will conform to Article VIII of the GATT. 
Question 11 
In paragraph 55 of the Elements of a Draft Wo rking Party Report, Yemen explains that there 
are different registration fees depending on the le gal form of the entity registered.  Can Yemen 
please explain why different legal forms have different fees?  
Answer:  
Please refer to the answer to Question 10.  The differe nce between the fees is due to the difference in 
the legal entity, which is provided for in the presen t legislation, which shall be amended to comply 
with the requirements of the WTO as stated in Question 10.  WT/ACC/YEM/28 
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 Question 12 
In paragraph 62 of the Elements of a Draft Working Party Report, Yemen states that "any 
requirements for obtaining trading rights woul d be for customs and fiscal purposes only, and 
would not constitute a barrier to trade."   
Could Yemen please explain what it means by  "or customs and fiscal purposes only."   
In what ways, will the requirements be used for customs and fiscal purposes?  
Answer:
 
The purpose of registration will be confined to reco rd-keeping of the importers for organizational and 
statistical purposes-something that would e nhance trade processing for regular traders. 
Question 13 
By restricting the right to import only to Yemeni nationals, Yemen's current practice violates 
Article III and Article XI of the GATT.  
In paragraph 60, Yemen states that it is reviewing its trading regime and now allows foreigners 
to establish trading companies without a Yemeni partner.  Yemen asks for a three year transition period for further revisions on trading rights, and such revisions should then remove 
all discriminatory conditions for non-Yemeni nationals.  The alternative currently being 
considered by Yemen to allow non-resident entities  to register without local presence is a step in 
the right direction, provided that the registratio n is easily accessible and non-discriminatory.  
This would however need to be verified ex  ante and then monitored ex post accession. 
The bracketed commitment in paragraph 62 would allow any natural or legal person to be the 
importer of record of any product allowed for importation.  This would be satisfactory. 
The proposed commitment in paragraph 62 is a cceptable for the purposes of Yemen's accession. 
Answer:
 
The revised Action Plan (WT/ACC/YEM/24/Rev.2) demonstrates Yemen's need for the requested 
transitional period in order to implement this commitment.  
A. IMPORT REGULATIONS 
- Other duties and charges 
Question 14 WT/ACC/YEM/26, Question 26:  Yemen has offered to bind its other duties and charges at zero 
after a transition period. 
Would this lead to the elimination of all the ODCs noted in Table 6 of WT/ACC/SPEC/YEM/4?  
Answer:
 
Yes, the ODCs noted in Table 6 of WT/ACC/SPEC/YEM/4 will be eliminated by the end of a five-
year transition period that Yemen has requested from the date of accession.   WT/ACC/YEM/28 
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 Question 15 
WT/ACC/YEM/26, Question 27:  Please explain how the duties noted in Table 9 of 
WT/ACC/SPEC/YEM/4 are collected for both  domestic and imported products.  
Answer:  
With regards to imported goods, fees are collect ed by the Customs Authority where they are 
incorporated into the Customs Decl aration.  With respect to local products; collection is performed 
either directly or through the Ta xation Authority.  Please refer to the answer to Question 27 of the 
document WT/ACC/YEM/26 and to the answer to  Question 16 of the document WT/ACC/YEM/21 
that demonstrate how fees are collected in respect of local products. 
Question 16 
Paragraph 68 will need to be amended in order to reflect bilateral negotiations. 
Answer:  
Paragraph 68 of Elements of the Working Party Report shall be updated on ce bilateral negotiations 
with other WTO Members have been finalized. 
- Tariff rate quotas, tariff exemptions 
Question 17 
We request that the following commitment be a dded after paragraph 73 in the Elements of a 
Draft Working Party Report: 
"xx.   The representative of Yemen confirmed that from the date of accession any tariff rate 
quotas, if introduced in the future, would be applied and administered in conformity with WTO 
rules and regulations, including MFN and national treatment provisions.  The Working Party 
took note of this commitment."   
Answer:  
Yemen agrees to this commitment.  
- Fees and charges for services rendered 
Question 18 
In paragraphs 74-78, could Yemen please specify which obligations of Article VIII of the GATT 
Yemen believes it will be unable to implement by the date of accession? 
Answer:  
Yemen is unable to change the ad valorem  fees into fees that reflect an approximate service cost since 
such fees are, as we have previously clarified, th e main source of revenue that authorities depend on 
to fund their activities and perform the tasks assigned to them.  Hence, having a transition period will 
give these authorities the opportunity to adapt their conditions during the trans ition period to find new 
alternative financial resources that would enable th em to continue their work.  Please see the Action WT/ACC/YEM/28 
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 Plan through which Yemen's fees will comply with  Article VIII of the GATT within three years from 
date of the accession (WT/ACC/YEM/31). 
Question 19 
Paragraph 75 of the Elements of a Draft Working Party Report explains that "many of the fees 
charged by Yemen were either ad valorem or weig ht- or quantity-based in a manner that did 
not reflect the cost of services provided."  Paragraph 76 notes that Yemen is seeking a three 
year transition period to ensure conformity with WTO requirements.  It is noted in paragraph 77 that Members have requested an action plan from Yemen outlining the precise steps and time periods needed for staged implementation.   
We request that Yemen please provide this action plan.   
Answer:
 
Please refer to the answer to Question 18 above. 
- Application of internal taxes to imports 
Question 20 We request that the following commitment be a dded after paragraph 80 in the Elements of a 
Draft Working Party Report: 
"The representative of Yemen confirmed that fr om the date of accession all laws, regulations 
and other measures relating to internal taxes and charges levied on imports would be in full conformity with its WTO obligations, includi ng Article III of the GATT 1994.  The Working 
Party took note of this commitment." 
Answer:
 
Yemen agrees to this commitment. 
- Quantitative import restrictions, including  prohibitions, quotas and licensing systems 
Question 21 WT/ACC/YEM/26, Question 30:  Has there been any progress in the review of the import ban 
on coffee and mango and the seasonal restrictions on agricultural products.  We request that 
these measures conform to WTO rules upon accession. 
Answer:
 
Yemen is still in the process of reviewing the import ban on coffee and mango and the seasonal 
restrictions on agricultural products in parallel wi th the results of bilateral negotiations in goods 
market access.  Once negotiations have been fi nalized, the Draft Working Party Report will be 
updated to reflect conformity to WTO rules in this respect.  WT/ACC/YEM/28 
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 Question 22 
WT/ACC/YEM/26, Questions 32 and 33:  Yemen's prohibition on imports of machinery older 
than 15 years raises national treatment (GATT Article III) concerns.   
Rather than an outright import prohibition, we would urge Yemen use import licensing to 
regulate the importation of older machinery with receipt of the licence contingent upon non-
discriminatory safety or other relevant criteria,  equally enforced on sales of similar older 
machinery within Yemen, e.g., at time of sale or registration. 
Answer:  
Yemen will consider this suggestion. 
Question 23 
Concerning the import ban on machinery older th an 15 years, Yemen states, in paragraph 83, 
that the local production, use or sales of such products are not prohibited.  By banning the import of used or refurbished machinery with components older than fifteen years, but not banning domestic sales of these products, Yemen is in breach of Article III and XI of the GATT, 
for which no justifiable exceptions for environm ental concerns is likely under Article XX of the 
GATT. 
This practice appears discriminatory and would need to be reformed prior to Yemen's accession 
to the WTO. 
More generally, all import prohibitions in this do cument will need to be brought into line with 
the results of bilateral negotiations. 
Answer:
 
Please refer to the answer to Question 22.  
Question 24 
In paragraph 92, Yemen request a transition period for bringing its import requirements 
regarding "medicines, medical equipment, fertilizers, pesticides, books, newspapers, audiovisual and other artistic or literary works" into co nformity with WTO requirement.  Such goods seem 
to remain subject to import permits, which can be  obtained only by Yemeni nationals.  This 
discrimination is in breach of Articles III and XI  of the GATT and does not seem to be justified 
under Articles XX and XXI of the GATT.  
Answer:
 
Please refer to the answer to Question 7. 
Question 25 
WT/ACC/YEM/26, Question 34:  We thank Ye men for providing the correct HS code.  
We further request that Yemen narrow the ex-out to only those specific HS 6 or HS 8 lines that 
might contain listening devices.  WT/ACC/YEM/28 
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 We note that HS 8518 contains many different au dio equipment products such as loud speakers, 
headphones and microphones and that most of  these would not contain these products.  
Answer:
 
The relevant HS is 8518.30. 
Question 26 
WT/ACC/YEM/26, Questions 35:  We thank Yeme n for the additional information however we 
are still unclear as to how Yemen distinguishe s cameras "that show the human body naked 
through examination and inspectio n" from regular cameras.   
Could Yemen please clarify the technical characteristics of this special type of camera?   Are these medical cameras? 
Answer:
 
- Lenses that show the human body naked in all its  types and sizes for example (PF) and (IR) or 
any other system. 
- Equipment to which lenses mentioned in the preceding bullet are fixed and lenses can not be 
separated wherever they are found in the Tariff Table and under all circumstances. 
- The issue will be reviewed and such le nses could be subject to import licensing. 
Question 27 
WT/ACC/YEM/26, Question 37:  Is there a fixed timeline under which the Government must 
complete all of the procedures outlined in the answer to Question 37?  Additionally, how much 
time does an applicant have to appeal if the product fails the test? 
Answer:  
- The time frame for completing the procedures indicated in Question 37 of WT/ACC/YEM/26 
is two years. 
- The time permitted to present an appeal is 60 da ys from the date of the refusal to register. 
Question 28 
WT/ACC/YEM/26, Question 40:  Where will the Department provide the quarterly updates?  
For example, will this information be published in  an official journal, a website, or a trade 
publication? 
Answer:  
Currently, quarterly updates are provided by the Department when requested by importers. 
Question 29 
Question 49 in WT/ACC/YEM/26 refers to Form 3:  Application For Permitting Pesticide 
Imports (as contained on page 41 of docume nt WT/ACC/YEM/20 (Information on Yemen's  WT/ACC/YEM/28 
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 Import Licensing Procedures)).  Column 5 of that form requests the "concentration and 
preparation type" of the pesticide to be imported.  In Question 49 (WT/ACC/YEM/26), we previously asked for clarification as to whet her or not the form is requesting hazard/risk 
information for the pesticide.  Yemen responded that the form is asking for "only technical 
information."  
As a follow-up question, we would like to know what measures Yemen will undertake to protect 
business confidential information  or trade secret s about chemicals (such as the concentration 
and preparation of a pesticide) that Yemen requires to be reported to the Government? 
Answer:
 
Yemen shall provide protection through denying access to information and refraining from giving 
confidential information or trade secrets about chemi cals that will be the subject of legal protection 
through provisions that protect undisclosed information provided for in the Draft Law on patent. 
Question 30 
With respect to imports subject to technical clearance, we appreciate the information that 
Yemen has provided in paragraphs 86 to 91 of th e Elements of a Draft Working Party Report.  
However, as is noted in paragraph 92, only Yemeni nationals or enterprises established in 
Yemen can obtain these technical clearances.   
We request that Yemen please include information in its Trading Rights Action Plan that 
addresses the specific steps Yemen is taking, by  dates certain, to ensure that its technical 
clearance requirements are consistent with Articles III and XI of the GATT 1994.   
Answer:  
Please refer to the answer of Question 7. 
Question 31 
We appreciate that Yemen is taking steps to re vise the import permit fees described in Table 7, 
and discussed in paragraph 93 of the Draft Working Party Report.   
However, we seek clarification as to how the revised import fees of US$100 for medical 
appliances and US$100 or US$200 for drugs and Yrls  20,000 for pesticides correspond with the 
costs of services rendered.  
Answer:  
In respect of pesticides, the proposed fees sh all cover the cost of the following services: 
- Cost of conducting technical studies for the application of obtaining a permit and defining 
imports requirement and for printing th e application and permit forms; and 
- Administrative costs such as communications to exchange information, sending facsimiles to 
the country of origin, port of entry and other competent bodies. 
With regard to medical appliances, the pr oposed fees are (US$100 and US$200), appliances 
(US$100).  Fees are charged for the following services. WT/ACC/YEM/28 
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 Fee for service rendered First:  medicine 
1- batch valued at (US$10,000) or more 
Justification US$200 
- Many types; 
- A sample is taken for analysis from:  - various port of entry; 
 - various governorates (market, pharmacies, wholesale stores); 
 - numerous analysis; 
 - some require special analysis methods; and 
 - supervision allowances/ administrative expenses. 
2- batch valued at less than (US$10,000) 
Justification US$100 
- Fewer types normally generic pharmaceuticals;  
- Random samples are taken for analyzing: 
 - from various ports of entry; 
 - from various governorates (marke t, pharmacies, wholesale stores); 
 - numerous analysis; 
 - some require special methods; and 
 - supervision expenses/ administrative expenses. 
Second: Medical appliances, equipment, and laboratory and chemical solutions and the like 
Justification US$100 
- Some appliances require analysis/ or registration; 
- Field injection, cotton wool, bandages, dressings, surgery blades, 
catheter, lenses etc.); 
- Various types in terms of  sizes, shapes and usages; 
- Require special procedures: 
 - Taking samples from ports and markets from various governorates in 
order to undergo necessary analysis and to ensure conformity with 
standards and metrology. 
- Supervision allowances/ administrative expenses. 
 
Question 32 
We request that Yemen make a commitment that  its import permit fees will approximate the 
costs of services rendered, in accordance with Ar ticle VIII of the GATT 1994, by the time of 
accession.  
Answer:  
Yemen is committed to make its import permit fe es approximate the costs of services rendered in 
accordance with the Action Plan (WT/ACC/YEM/31)  provided in the answer of Question 18. 
- Customs valuation 
Question 33 
In paragraph 98 of the Elements of a Draft Work ing Party Report, it is explained that Yemen 
was reviewing its Customs Law to ensure conformity with th e Customs Valuation Agreement 
(CVA).  It is critical for further progress on th is part of the accession that Yemen provide 
further information on the work it is undertaking to bring its trade regime in line with the obligations of the CVA.   
What is the status of this review?    WT/ACC/YEM/28 
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 Answer:  
Yemen has finalized this review and the Dr aft Law has been presented to the House of 
Representative. 
Question 34 
Yemen should provide any new amendments to its Customs legislation to the Working Party as 
soon as possible.   
Answer:  
Yemen shall notify any new legislative amendments in this respect. 
Question 35 
WT/ACC/YEM/26, Question 50:  We request further explanation on Yemen's statement that 
the value data base would be used  in accordance with the CVA.  We have asked this question at 
the previous two Working Party meetings, and we have not yet received response.  
Answer:  
The value database will be used as an  assessment tool to evaluate risks and will not be used as a real 
list to define the prices explicitly.  This is in  accordance with the Custom s Valuation Agreement.  
Articles 1, 2, 3, 5 and 6 of the CVA and also Article 7 of the same Agreement provides that "If the 
customs value of the imported goods cannot be determined under the provisions of Articles 1 
through 6, inclusive, the customs value shall be determined using reasonabl e means consistent with 
the principles and general provisions of this Agre ement and of Article VII of the GATT 1994 and on 
the basis of data available in the country of importation". 
With further reference to Article 16 which provid es "Upon written request, the importer shall have the 
right to an explanation in writing from the customs administration of the country of importation as to 
how the customs value of the importer's goods were determined." 
We may also demonstrate that Article 17 provides "N othing in this Agreement shall be construed as 
restricting or calling into question the rights of cust oms administrations to satisfy them as to the truth 
or accuracy of any statement, document or decl aration presented for customs valuation purposes." 
Question 36 WT/ACC/YEM/26, Question 52:  We request that Yemen please explain how customs value is 
determined if the declared invoice value is not a ccepted.  What role does a data base play in this 
determination, if any?  
Answer:
 
Yemen currently uses the Brussels Definition of Value.  The prices available to the customs 
departments for the same goods are used while taki ng into account the date, origin and size of the 
transaction.   WT/ACC/YEM/28 
Page 14  
 
 Question 37 
We understand that technical assistance was provid ed to your Government in helping with the 
drafting of CVA-consistent legislation for implementation, and according to Yemen's CVA 
Action Plan, WT/ACC/YEM/19, enactment was to be completed by 2008.  What steps is Yemen 
taking to ensure its legislation and implementi ng regulations concerning customs valuation 
comply with the obligations of the CVA, and when will the legislation and implementing 
regulations be implemented?   
Additionally, we request that Yemen please explain the specific steps it is taking to implement 
the interpretive notes of the CVA, in line with Article 14 of the CVA.  What steps are being taken to accomplish their legal enactment?   
Answer:
 
Once amendments to the Customs Law have been passed by the House of Representatives, decisions 
and instructions defining the basis for calculati ng the customs valuation in accordance with CVA will 
be issued in such a way as to ensure that the agreements will be implemented gradually during the 
transition period.  For more informati on please refer to the revised Action Plan 
(WT/ACC/YEM/19/Rev.1). 
Question 38 
We also request a copy of the Prime Minister's decision on customs valuation be provided to the 
Working Party in translation. 
Answer:  
Once the new amendments to the Customs Law have been endorsed, the cabinet (Council of 
Ministers) will issue a decision on customs valuation and will subsequently be presented to the 
Working Party. 
Question 39 
Please note that we will not be able to close this  part of the negotiations until this information 
has been provided and we can be certain that Yemen in fact intends to implement a 
WTO-consistent valuation regime.   
Answer:  
In light of the preceding answers and the revised action plan (WT/ACC/YEM/19/Rev.1), Yemen 
confirms that it will comply with the Customs Va luation Agreement within the transition period.  
Question 40 
Paragraphs 96 and 107 of the Elements of a Draft Working Party Report indicate that 
importers do not presently have direct recourse to an independent judicial authority for 
customs disputes.  
What specific steps is Yemen taking to en sure an importer's right to appeal customs 
determinations to an independent judicial author ity, as specified in Article 11.2 of the CVA?  
Have changes been made to the Customs Law to bring it in line with the requirements of the 
CVA?    WT/ACC/YEM/28 
 Page 15 
 
 
 Answer:  
Recourse to the judiciary is a right enshrined in Yemen's constitution whereby an importer may resort 
to the Yemeni competent courts to file a case  against the Customs Authority.  Moreover, the 
amendments to the Customs Law currently reviewed by the House of Representatives with a view to 
avoiding prolonged judicial procedures, has voluntar ily permitted the possibility of amiable settlement 
of disputes through the formation of a three-pa rty committee of which, the merchant chooses one 
member, the Customs Authority chooses the sec ond member and the two parties choose a third 
member as a casting vote to settle the dispute.  If the merchant's representative agrees to the judgment 
verdict, it is implicitly assumed that such would be to the favour of the importer.  If the judgment is 
reached through a majority, or if the merchant's  representative refused to sign the judgment, the 
merchant may resort to the competent appellate court to contest the judgment of the arbitrary 
committee.  
Question 41 
Could Yemen please specify which obligations of the WTO Customs Valuation Agreement it 
would be unable to implement at accession?  In  addition, could Yemen indicate what kind of 
corresponding transition period it is seeking an d what specific technical assistance it would 
need? 
Answer:  
With regard to implementing the obligations of th e agreement, a transition period of seven years is 
required due to the existence of a number of difficulties that include:  
- Fraud, forgery and counterfeit of documents; 
- Limited knowledge on the part of importers, clearing agents and staff; 
- The business community requires more experien ce to deal with the international trade 
requirements; 
- Insufficient information on price movement; - A need for archiving and risk  management programmes; and 
- There is also a number of justifications wh ich have clarified in the revised Action Plan. 
With respect to the technical assist ance, we need most the following: 
- Become acquainted with the experiences of othe r countries in respect of database, archiving 
and risk management programmes; 
- Training of senior officials and training of tr ainers, training of technical staff on valuation 
(this was contained in the  revised action plan  that was presented by Yemen in addition to 
benefiting from the experience of re gional and local consultants); 
- Completion of technical appliances and equipment; - Completion of executive decrees, and regulations subsequent to finalization of legislative and 
constitutional procedures; and 
- Completion of the process of restructuring the Customs Authority. 
For more information on compliance with the agr eement, including technical assistance, please refer 
to the revised Action Plan (WT/ACC/YEM/19/Rev.1). WT/ACC/YEM/28 
Page 16  
 
 - Rules of origin 
Question 42 Paragraphs 106 and 107 explain that Yemen does not have rules corresponding to the 
requirements of Article 2(h) and paragraph 3(d) of Annex II of the Agreement on Rules of Origin, but that Yemen was reviewing the Customs Law to  ensure compliance with the 
Agreement from the date of Accession.   
What is the status of this review?  We app reciate the commitment that Yemen has made to 
comply with the Agreement on Rules of Origin by  the time of accession, and request that this 
commitment be reflected in the Elements of a Draft Working Party Report around paragraph 
107. 
Answer:
 
From the date of accession, Yemen will be committed to the Rules of Origin, which are compliant 
with the WTO Agreement.  New rules will be enacted to ensure the implementation of the 
requirements of Article 2(h) and paragraph 3(d) of Annex II of th e Agreement on Rules of Origin.  
The Customs Authority will evaluate the origin provided upon a request from the exporters or 
importer or any other person with a justifiable cause in accordance with the provisions of the 
Agreement.  
- Anti-dumping, countervailing duties, safeguards regimes 
Question 43 Paragraph 112 of the Elements of a Draft Work ing Party Report notes that Yemen planned to 
introduce a new Law "On Protection of Local Production Against Unfair Trade Practices" 
by 2009.   
We request that Yemen please provide an update on the status of this legislation. 
Answer:
 
The Draft Law on "On Protection of Local Produc tion against Unfair Trade Practices" has been 
approved by the cabinet and is currently unde r review by the House of Representatives. 
C. INTERNAL POLICIES AFFECTING FOREIGN TRADE IN GOODS - Industrial policy, including subsidies Question 44 Yemen noted during the 3 July 2009 Working Party meeting that the review of its Investment 
Law and Income Tax Law were almost complete.   
We request that Yemen provide the new Investment Law and Income Tax Law to the Working 
Party for review.    WT/ACC/YEM/28 
 Page 17 
 
 
 Answer:  
Please find attached herewith a copy of the new draft Investment Law (see 
WT/ACC/YEM/28/Add.1).  The Draft Law on Income Tax is still being translated.  
- Technical barriers to trade, standards and certification 
Question 45 
Paragraph 134 explains that Article 6 of Deci sion No. 3/2001 "On Issuance of Conformity 
Certificate to Metrological Standards By-Law " stipulated conditions for the conformity 
certificates issued by YSMO, one of which appea red to make the certif icates available only to 
registered enterprises permitted to operate in Arab Countries.  Yemen noted that it would 
review and modify this provision to ensure its with conformity with WTO requirements.   
What is the status of this modification?   
We request that Yemen commit that it will bring its certification regime in line with WTO rules 
by the time of accession. 
Answer:  
A draft by-law is currently being prepared and w ill contain an amendment to Article 6 of Decision 
No. 3 of 2001. Yemen commits to bring its certification regime in compliance with WTO 
requirements.  
Question 46 
Paragraph 136 explains that Yemen's TBT Enquiry  Point would be operational by 2007-2008, 
but that further assistance and time was subse quently requested for the enquiry point to be 
fully operational.   
What is the current status of the establishment of a TBT Enquiry point, and when does Yemen 
expect the enquiry point to be fully operational? 
Answer:  
The National Enquiry Point has been established at YSMO (by virtue of Decision No. 5 of 2009 by 
the Ministry of Industry and Trade). 
Work is underway for creating sub-points in each of the Ministry of Public Health and Population, 
Ministry of Agriculture, Customs Authority  in accordance with Decision No. 5 of 2009. 
Minister of Industry Decision No. 6 with regard to the by-law organizing the work of the Enquiry 
Point.  As a means to ensure the full operati on of the Enquiry Point and Sub-points, Yemen 
underscores the importance of receiving technical assist ance to train the specialis ts of the Points and 
build the capacity of the Points in term s of tools, equipments and systems. WT/ACC/YEM/28 
Page 18  
 
 Question 47 
Please provide the contact details of the Enqui ry Point for inclusion in the Working Party 
Report, once available.  
Answer:
 
Responsible person for National Point of Yemen: 
Name:  Nejat Ahmed Yahya Al-khayat 
Email for Enquiry Point:  enquiry-point@ysmo-ye.org Email:  infoys@yemen.net.ye Web site:  www.ysmo-ye.org Tel:  967-1-408608/9 ext: 142 
Fax:  967-1- 472557 or (00967-1-402636/219980) 
Question 48 
In paragraph 128 Yemen indicates that it is in  conformity with the TBT Agreement.  However, 
it goes on to request, in paragraph 139, a transition period for implementation of that Agreement.  Could Yemen please clarify the sp ecific areas where it considers it may be in 
breach of the TBTA, and the corresponding  technical assistance it would need? 
Answer:
 
Yemen is in the process of updating its action pl an to implement the TBT and will contain the 
technical assistance necessary for it. 
- Sanitary and phytosanitary measures 
Question 49 
Paragraph 140 of the Elements of a Draft Working Party Report explains that Yemeni 
representatives do not participate in the technica l committees of the Codex and OIE due to lack 
of resources.  We encourage Yemen to seek assist ance from these organizations to participate in 
these committees. 
Answer:  
Yemen is seeking assistance from relevant internationa l organizations and othe r development partners 
to participate in such committees. 
Question 50 
Paragraph 140 of the Elements of a Draft Working Party Report also notes that a new law "On 
Plant Quarantine" was being drafted.  
Has the law "On Plant Quarantine" been drafted?   
If so, we suggest that the Working Party Report be updated to reflect this status.  WT/ACC/YEM/28 
 Page 19 
 
 
 Answer:  
The draft Law on Plant Quarantine has been formulated to ensure that  it is fully compliant with the 
revised version of the International Convention on  IPPC and SPS Agreement with the assistance of a 
FAO legal consultant.  It is being currently revi ewed by the Ministry of Legal Affairs prior to 
submission to the cabinet.  The Draft Working Party Report will be updated accordingly. 
Question 51 Paragraph 142 of the Elements of a Draft Working Party Report specifies that to import a plant 
product, the relevant forms can be found either  through the Ministry of Agriculture and 
Irrigation or though the IPPC.   
Are the forms to which Yemen is referring the IPPC standard phytosanitary certificate?   
Answer:
 
The form of IPPC provided for in paragraph 142  of the Working Party Report is a national  
application form for requesting an impor t permit for plants and plant products.  
Question 52 
Similar specificity is lacking with regard to th e forms needed to import products of animal 
origin.  Does Yemen intend to use OIE veterinary certificates?   
Answer:  
Yes. 
Question 53 
We suggest language be added regarding the u se of OIE veterinary certificates and/or an 
explanation of the current process for importing pr oducts of animal origin be provided.   
Answer:  
These procedures have been explained in docum ent WT/ACC/YEM/20/Add.1 regarding information 
on imports licensing procedures of animal wealth. 
Question 54 
Are these certificates in addition to the conf ormity certificates referenced in paragraph 132? 
Answer:  
Unprocessed animal products (cooled or frozen m eat; frozen dairy products etc.) require prior 
Veterinary Health permit from the Ministry of Agriculture, and a Certificate of Conformity from the Yemen Standard and Metrological a nd Quality Control Organization.  
Processed animal products require only a Certificat e of Conformity from the Yemen Standard and 
Metrological and Quality Control Organization.  WT/ACC/YEM/28 
Page 20  
 
 Question 55 
Paragraph 142 refers to Yemen's action plan and an SPS Checklist (WT/ACC/YEM/12) that 
Yemen submitted in 2006.  The 2006 Checklist indi cated that Yemen had significant work to 
undertake.   
Could Yemen please provide an update on the Plant Health Law section and other laws that 
were out of date and needed to be re-writte n to ensure compliance with the SPS Agreement?  
Answer:
 
With respect to Plant Quarantine Law, please refer to answer to Question 50. 
With regard to the Law No. 17 of 2004 on Regula ting and Protection of Animal Wealth and Law 
No. 44 of 1999 on Standards, Meteorology, and Qua lity Control, they are currently under review.  
Question 56 With regard to the same paragraph, we apprecia te Yemen's submission of its SPS Action Plan 
(WT/ACC/YEM/13/Rev.2).  We recognize that technical assistance is needed in order for Yemen to align its SPS regime with internationa l standards.  We provided some technical 
assistance on TBT and are looking into providing technical assistance in the area of animal 
health.   
Answer:
 
We thank the Member for its technical assistance  and Yemen is looking forward to obtaining the 
necessary technical assistance in the areas of plant health and food safety. 
Question 57 
The Working Party Report text should include additional information on Yemen's SPS Enquiry 
Point.  For example, in paragraph 143, Yemen states that it intends to have the SPS Enquiry 
Point and the National Notification Authorit y office established by the date of accession.  
Does this mean the legislation will be in place or that Yemen will be ready to notify by the date 
of accession?  
Answer:  
A National Notification Authority and an Enquiry Po int have been established with regard to SPS at 
the Ministry of Agriculture and Irrigation.  Ye men will be ready to provide notifications upon 
accession.  However, Yemen reiterates the need  for technical assistance in this area.  
Question 58 
Can Yemen provide details on the proposed sta ffing of the Enquiry Point office and whether 
these employees would have other responsibilities?  
Answer:  
An official has been appointed at the National No tification and Enquiry Point at the Ministry of 
Agriculture and Irrigation and will be assisted by three full-time employees.  WT/ACC/YEM/28 
 Page 21 
 
 
 Question 59 
Will these employees also work in the National Notification Authority?  
We encourage Yemen to utilize its SPS Enquiry Po int employees for National Notification work. 
Answer:  
Yes, the employees will equally work at the National Notification Authority.  Question 60 We request that the following commitment be ad ded near paragraph 145 in the Elements of a 
Draft Working Party Report: 
"xx.  The representative of Yemen noted that achieving compliance with the requirements of the 
Agreement on the Application of Sanitary a nd Phytosanitary Measures (SPS Agreement) was a 
complex task.  Yemen was accordingly seeking a transition period as outlined in the action plan 
for the implementation of the SPS Agreement repro duced in Table [X].  The transition period 
was necessary to permit the adoption of legislatio n, train staff, ensure that Government officials 
and stakeholders had good knowledge and understanding of SPS legislative requirements, and to make sure that control inspection and pro cedures were fully operational.  He stressed the 
necessity for his Government to receive adequa te technical assistance to ensure the proper 
implementation of the Agreement." 
"xx.  During the implementation period, existing measures would be applied on a non-
discriminatory basis, i.e. providing for national  treatment and MFN treatment to all imports.  
Measures in place at the time of accession and already consistent with provisions of SPS Agreement would not be subject to transitions.  Yemen would ensure that any changes made in 
its laws, regulations, and practice during the transition period would not result in a lesser 
degree of consistency with the provisions of the SPS Agreement than existed on the date of accession.  Working Party Members took note of commitment."  
Answer:
 
Yemen agrees to add this commitment to the Elements of a Draft Working Party Report. 
Question 61 "xx.  Responsibility for the operation of the E nquiry Point rests with the Ministry Agriculture 
and Irrigation.  The Enquiry Point could be contacted at: 
Answer:
 
Ministry of Agriculture and Irrigation 
Agricultural Services Sector 
SPS Unit 
P.O. Box No. 2805 Sana'a Tel:  967-1-560462 Fax:  967-1-560462 
Email:  sps.unit.ye@yahoo.com 
Website:  under construction WT/ACC/YEM/28 
Page 22  
 
 Question 62 
"xx.   The representative of Yemen confirmed that, [upon accession to the WTO, or within an 
agreed transition period], Yemen would base all of its SPS measures on the Codex Alimentarius, 
OIE and IPPC standards, guidelines, a nd recommendations in accordance with the 
requirements of the SPS Agreement.  The Workin g Party took note of these commitments." 
Answer:
 
Yemen agrees to the following wording of the commitment: "The representative of Yemen confirmed that within a transitional period of five years,  Yemen would 
base all of its SPS measures on the Codex Alimentari us, OIE and IPPC standards, guidelines, and 
recommendations in accordance with the requirement s of the SPS Agreement.  The Working Party 
took note of these commitments" . 
Question 63 
General Questions arising from Yemen's SPS La ws:  How many entry and exit ports does 
Yemen have to receive live animals?  
Answer:
 
Yemen has four entry and exit ports to receive live animals. 
Question 64 
We understand the movements of animals for ex port, import and for transit within Yemen 
require a permit.  What is the process for obtaining a permit?  Are there any restrictions to obtaining this permit, and are these issued on a case by case basis or for a specified period of 
time?  
Answer:
 
With respect to information on imports licensing pr ocedures of animals, the same is illustrated in 
document WT/ACC/YEM/20/Add.1: 
- With regard to transit, import measures are applied; 
- With respect of exports, procedures are represented in submitting an import request from the 
country of destination.  Once all the requi rements of the importing country have been 
satisfactorily met, a Veterinary Certificate is issued; and 
- With respect to issuing these permits, th ey are issued for a limited time period. 
Question 65 
We request that Yemen please describe the proc ess for obtaining a permit for fodders.  Are 
there any restrictions to obtaining this permit, and are these issued on a case by case basis or for 
a specified period of time?  
Answer:  
Information on imports licensing procedures of fodder is explained in document: 
WT/ACC/YEM/20/Add.1.  WT/ACC/YEM/28 
 Page 23 
 
 
 Question 66 
What is the process for obtaining a permit for th e importation of plants and plant products?  
What products are covered by this permit?  
Answer:  
Procedures for obtaining an import permit for plant and plant products consist of the following steps: 
- An importer obtains an application form for a Plant and Plant Product from the General 
Department of Plant Protection.  The form could be down loaded from the Ministry of Agriculture Website: www.mai-yemen.org or from IPPC World Web Site: www.ippc.int; 
- The form is then completed by the applican t (importer) and all required documents attached 
(in instances where imported goods are seeds or seedlings, an approval is required from the 
Department of Plant Production, and if the pl ant products are for consumption, an approval 
from the General Department for Agricultu ral Marketing and Trade is required); 
- Payment of an Import permit fee of YRls 2, 000 is paid to the cashier of the Department 
against an official receipt; 
- The application together with the receipt are submitted to the Director General of the Plant 
and Protection Department who will refer the application to the Director of the Plant 
Quarantine Department to finalize the of proce dures leading to issuance according to the law; 
- The application is studied in the light of a ri sk analysis process to import plants and plant 
products specified in the application; 
- If there is no ground to deny importation of the consignment based on the risk analysis, 
imports permit containing all phytosanitary co nditions and requirements that should be 
issued; and 
- If there is justification to deny the importati on of a consignment due to phytosanitary reasons 
based on the risk analysis, the import permit shall be denied and justified decision to deny the 
issuance of a permit will be made.  The importe r (applicant) as well as the exporting country 
shall be notified together with the justification for the denial. 
Products covered by the permit in clude all plants and plant produc ts whether for cultivation, 
proliferation, consumption purposes and also for biological-combating of plant pests, growth 
mediums and manufactured organic fertilizers. 
- Trade-related investment measures 
Question 67 As noted in paragraph 147 of the Elements of a Draft Working Party Report, Yemen must 
identify the TRIMs for which it is seeking a transition period until 2015.   
Answer:
 
Please find the same in the attached no tification (see document WT/ACC/YEM/30). WT/ACC/YEM/28 
Page 24  
 
 - Agricultural policies 
Question 68 With respect to paragraph 160 of the Elements of a Draft Working Party Report, we continue to 
encourage Yemen to bind its export subsidies at zero.  
Answer:
 
Yemen urges the Working Party Members to rec ognize the importance that Yemen, as an LDC, 
reserves the right of export subsidies.  
V. TRADE-RELATED INTELLECTUAL PROPERTY RIGHTS 
- SUBSTANTIVE STANDARDS OF PROTECTION, INCLUDING PROCEDURES 
FOR THE ACQUISITION AN D MAINTENANCE OF INTELLECTUAL PROPERTY 
RIGHTS 
- Copyright and related rights Question 69 In Chapter V of the "Elements of a Draft Work ing Party Report" document, the representative 
from Yemen explains that the existing legisl ation, Intellectual Property Law No. 19/1994, and 
draft legislation would be considered to ensure compliance with TRIPS obligations.  
Additionally, in paragraph 172, the representati ve mentions that the new Draft Law "On the 
Protection of Copyrights and Related Rights" would replace the Intellectual Property Law for 
Copyrights and Related Rights Protection.  Ho wever, the current Intellectual Property Law is 
referenced in several paragraphs of the document as a basis for the protection of copyrights and 
related rights.  For example, in paragraph 200, the representative for Yemen referenced 
Article 124 of the Intellectual Property Law No. 19/1994 for "remedies against infringement, 
including copyright and related rights."  There were also paragraphs that referred to remedies 
and provisions in the Intellectual Property Law, when in fact the current Draft Law "On the 
Protection of Copyrights and Related Rights" attempts to cover the same concerns.   
Please clarify the status of the Draft Law "O n the Protection of Copyrights and Related 
Rights," and whether it will replace and supers ede all other provisions concerning copyrights 
and related rights found in other laws, such as the Intellectual Property Law No. 19/1994, or the 
Press and Publications Law.  Also, please explai n how all laws will work together when there 
are conflicting provisions:  in other words, wh ich law will be applicable when there are two 
different provisions covering the same issue with  respect to copyrights and related rights?   
Please provide an updated copy of the Draft Law "On the Protection of Copyrights and Related 
Rights."  
Answer:
 
Yemen informs that the Draft Law on Copyright a nd Related Rights is currently presented to the 
House of Representatives.  Such Draft Law will repl ace Law No. 19 of 1994 in respect of copyright 
and related rights and it contains an explicit prov ision that annuls all other conflicting provisions 
wherever they may be found in other laws.  Th e updated Draft Law on Copyright and Related Rights 
will be provided to the Working Party.  WT/ACC/YEM/28 
 Page 25 
 
 
 Question 70 
WT/ACC/YEM/26, Question 76:  With respect to Yemen's reply to Question 76 on the author's 
right to prohibit any deletion, change, addition , perversion, adaptation or amendment to his 
work (Article 14(3)), Yemen notes that Article 14 defines the literary rights enjoyed by an 
author, and paragraph 3 prevents any consequen ces which may be prejudicial to the honour or 
reputation of the author. 
We note that the question concerns the moral ri ghts of authors, not his economic or literary 
rights, and Article 14(3) does not address literary ri ghts of authors, but rather his moral rights.  
We ask Yemen to clarify where the language ci ted in its answer to Question 76, regarding 
consequences that may be prejudicial to the hono ur or reputation of the author, can be found.  
Answer:  
Yemen informs that it will add the following statem ent "which may be prejudicial to the honour or 
reputation of the author" to comply with Article 6 bis of the Berne Convention.  
Question 71 
WT/ACC/YEM/26, Question 77:  Yemen notes th at the right to withdraw a work from 
circulation is not absolute as it is restricted by Article 6(5), granting a commercial court the 
authority to withdraw the work from circulation. 
Article 6(5) of the Draft Law on Copyright and Related Rights addresses the author's exclusive 
right of public performance or transfer to the audience of his works, and not a commercial court's authority.  Please clarify where in the Draft Law are provisions that address an author's 
moral right to withdraw his work from circulation.   
Answer:
 
Article 6 paragraph 5 of the Draft Law on Copyrigh t and Related Rights (update d version) grants the 
author the right to withdraw the work from circulation. 
Question 72 
WT/ACC/YEM/26. Question 78:  Yemen replied that Article 40(1) of its Draft Law permits the 
use of the work for personal purposes by means of  copying, translation, citation, or television 
viewing provided that such a usage does not prej udice the legitimate interests of the author. 
We remain concerned about the scope and brea dth of Article 40(1) of the Draft Law, and 
accordingly, its impact on Yemen's commitments  under  TRIPS Article 13, which also provides 
that exceptions and limitations must be confined to certain special cases that do not conflict with 
the normal exploitation of the work.   
Answer:  
Article 40 paragraph 1 of the Draft Law on Copyrigh t and Related Rights permits personal use of the 
work through copying, translation, or citation or television viewing provided that this usage does not effect or prejudice  the legitimate rights of the author in accordance with Article 13 of the TRIPS 
Agreement. WT/ACC/YEM/28 
Page 26  
 
 Question 73 
WT/ACC/YEM/26, Question 79:  Yemen explains the purpose of its disposal of infringing 
articles through public auctions authorized under Article 68.   
We thank Yemen for its explanation of Article 68, but we continue to have concerns about the 
implementation of the public auction procedure a nd, therefore, urge that further clarifications 
be made.  We request additional language be included to ensure that when the author or right 
holder in a work cannot be identified or located, the infringing work is destroyed, as well as a 
requirement that public auctions only occur upon express approval by the right holder.   
Answer:
 
Yemen notes that it will make Article 68 of the Draft Law on Copyright and Related Rights comply 
with Article 46 of the TRIPS Agreement.  
Question 74 
WT/ACC/YEM/26, Question 80:  With respect to Yemen's reply to Question 80 regarding an 
author's compensation for infringement, Yeme n explains that Article 71 of the Draft Law 
"compels the infringer to pay attorney's fees and any other judiciary expenses."  
However, we note that Article 71 of the Draft Law on Copyright and Related Rights appears to 
create a requirement that publishing houses,  shops for producing audio records, and 
institutions licensed by the ministry to publish,  copy, distribute and sell works maintain certain 
documents.  Further, while Article 70 provides for compensation to the author or owner of related rights, it fails to include language regar ding the payment of expenses and attorney's fees 
to the right holder.  In that connection, plea se explain how Yemen's Draft Law implements the 
requirements of TRIPS Article 45(2). 
Answer:
 
Article 71 of the Draft Law on Copyright and Relate d Rights authorizes courts to compel the infringer 
to compensate the author or an owner of related ri ghts for material or moral damages caused by the 
infringer in addition to judiciary fees and expenses.  This provision includes expenses and attorney's 
fees. 
Question 75 
WT/ACC/YEM/26, Question 81:  With respect to Yemen's reply to Question 81, regarding the 
protection of works of non-nationals living in  Yemen, Yemen explains that the Draft Law 
addresses this question but fails to include a corr ect reference to a specific article of the Draft 
Law. 
Article 3(b) cited by Yemen does not appear to address the issue of protection of works of non-
nationals living in Yemen.  Please provide correct  references to specific provisions in the Draft 
Law that addresses this question. 
Answer:  
Article 3 paragraph (b) of the Draft Law on Copyri ght and Related Rights cites that the protection 
includes Yemenis and foreigners who are nationals of Member countries to international treaties and  WT/ACC/YEM/28 
 Page 27 
 
 
 agreements on intellectual property to which Yemen is  a party, i.e. the protection covers Yemenis and 
foreigners whether they are residents in Yemen or abroad. 
Question 76 
WT/ACC/YEM/26, Question 82:  Yemen replied that it will address compliance with TRIPS 
Article 47 in its draft intellectual property laws. 
We look forward to reviewing the provisions in  Yemen's Draft IPR laws that will implement 
this TRIPS commitment and would also appreciate an y updates on the status of such revisions.  
Answer:  
The Working Party will be provided with an upda ted version of the Draft Law on Copyright and 
Related Rights. 
Question 77 WT/ACC/YEM/26, Question 83:  With respect to Yemen's reply, addressing compliance with 
TRIPS Articles 51 through 60, Yemen explains that this is addressed in the Draft Law Articles 43, 63 through 72, and 79.   
We note that TRIPS Articles 51 through 60 deals with border measures and, except with regard 
to Draft Law Article 43, none of the cited provi sions deal specifically with border measures.  
We, therefore, ask Yemen to further clarify its response as it is unclear how the laws as described in the TRIPS Agreement matrix subm itted in WT/ACC/YEM/7/Rev.1 appear to 
satisfy the requirement of providing procedures to enable a right holder to suspend the release of both counterfeit trademark and pirated copyright goods.  
Answer:
 
Article 45 of the Draft Law on Trademarks and Geographical Indications provides measures that 
enable the owner to suspend the release of goods containing counterfeited trademarks.  Articles 63 
to 68 of the Draft Law on Copyright and Relate d Rights deal with border measures covered by 
Articles 51-60 of the TRIPS Agreement. 
Question 78 
In paragraph 177 the reply provided by Yemen wi th respect to the implementation of TRIPS 
Article 13 on fair use exceptions does not expressl y mention the entire rule that should be taken 
into account before authorising such use.  Yeme n needs to fully mention TRIPS Article 13 in the 
new law.  In paragraph 189, the fair use excepti on on designs needs to be clearly redrafted in 
the new legislation.  
Answer:  
Article 40 paragraph 1 of the Draft Law on Copyri ght and Related Rights and Article 17 of the Draft 
Law on Industrial Designs have been drafted to comply with Articles 13 and 26(2) of TRIPS. WT/ACC/YEM/28 
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 - Trademarks, including service marks 
Question 79 WT/ACC/YEM/26, Question 85:  TRIPS Article 16.1 requires that owners of trademark rights 
established prior to a later applied for geographica l indications (GIs) should be able to assert 
exclusivity of the prior trademark rights.  In its response to Question 85, Yemen indicates that 
trademarks acquired in good faith prior to the enac tment of the law or prior to the date that the 
geographical indication was afforded protection in the country of origin will be protected. 
However, according to TRIPS Article 16.1, the rights of trademark owners whose trademarks 
were acquired in good faith prior to the date th e GI was afforded protection in Yemen, rather 
than the date the GI was afforded protection in its country of origin or the date of 
implementation of the law, should be preserved.  In that connection, can Yemen please clarify 
how it plans to implement the requirements of TRIPS Article 16.1?   
Answer:
 
Article 37 of the Draft Law on Trademarks and Ge ographical Indications meets the requirements of 
Article 24 paragraph 5 of the TRIPS Agreement,  which deals with the relationship between 
trademarks and geographical indications. 
- Geographical indications, including appellations of origin  
Question 80 In paragraph 185, even if it is understood that certain products such as wines, spirits and pork 
are not allowed to be sold in the country, there is no answer on the protection in Yemen of GIs 
that are related to such products.  How does Yemen intend to apply TRIPS provisions of 
Articles 22 and 23 covering such products in or der to avoid that GIs are illegally used in the 
country for other purposes or for other products? 
Answer:
 
Products indicated in the question are definitely not produced or imported for trade purposes, and/or 
consumed.  Therefore, there is no justification to offer protection for geographical indications 
connected to such products.  Prot ection shall be afforded to geogr aphical indications if they are 
registered in Yemen for other products.  
- Patents 
Question 81 WT/ACC/YEM/26, Question 93:  We appreciate Yemen's response to Question 93 explaining its 
progress in developing IPR legislation, and look  forward to the opportunity to review updated 
drafts. 
Answer:
 
The Draft Law on Patent, Utility models, Integrated Circuits, and protection of Undisclosed 
Information is still under review by the Worl d Intellectual Property Organization (WIPO).  WT/ACC/YEM/28 
 Page 29 
 
 
 Question 82 
WT/ACC/YEM/26, Question 92:  Considering Yeme n's response to Question 92, it is not clear 
what textual basis Yemen is relying upon to ju stify compulsory licensing of an ornamental 
industrial design.  We would therefore appreciate cl arification.  Indeed, a compulsory licence of 
a design could be seen as a significant taking of an right holder's exclusive rights in its design.  
Answer:  
Article 16 paragraph 2 of the Draf t Law on Industrial Designs provid es the owner of exclusive rights 
to prohibit commercial use of the design without pr ior permission.  Article 18 of the Draft Law does 
not undermine the rights of the exclusive rights of  the owner, rather it support them and preserves 
them.  This measure will only be  applied in urgent circumstances and when the owner misuses his 
exclusive right by law.  It should be noted that Yemen benefited from the experience of some of the 
WTO Members when preparing the Draft Law on Industrial Design.  
- ENFORCEMENT 
Question 83 Paragraph 201 maintains that the court can disp ose of infringing article by selling them at 
public auction with the approval of the right holder.  Article 46 of the TRIPS Agreement, 
provides that these articles shall be destroyed, and the Yemeni approach is therefore in conflict with TRIPS provisions .  The practice of disposing of infringing article by selling them at public 
auction with the approval of the right holder is at odds with the TRIPS Agreement and should 
be amended. 
Answer:
 
Article 49 of the Draft Law on Trademarks and Geogr aphical Indications (updated version) provides 
the court with the authority to dispose of the in fringing goods and tools used in making them in 
compliance with Article 46 of the TRIPS Agreement.  
Yemen will redraft Article 68 of the Draft Law on Copyright and Related Rights to comply with 
Article 46 of the TRIPS Agreement. 
Question 84 WT/ACC/YEM/26:  Please clarify whether Arti cle 103 of the Crimes and Penalties Law No. 
12/1994 provides judges with the authority to disp ose of materials and implements used in the 
creation of infringing goods.  
Answer:
 
Article 103 of the Crimes and Pena lties Law No. 12 of 1994 provides the court with the authority to 
confiscate the tools that were associated with a crim e or used in committing it or that were intended to 
be used in it.  A court order shall be deliver ed to confiscate impounded items whose manufacture, 
possession, acquisition, use, sale, putting up for sale constitute a crime in its own right. 
Question 85 
In light of TRIPS Article 48(2), please clarify that Article 26 of the Crimes and Penalties Law 
only exempts public authorities and officials from  liability for actions pertaining to protection WT/ACC/YEM/28 
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 or enforcement of intellectual property rights wh ere actions are taken or intended in good faith.  
Article 26, as described in the TRIPS Agreement  matrix submitted in WT/ACC/YEM/7/Rev.1, 
appears to provide a broader exception that do es not require actions to be conducted in good 
faith. 
Answer:
 
Exemption from liability will be regulated by laws other than by the General Crimes and Penalties 
Law.  However, Article 55 paragraph (b) of the Draft Law on Trademarks and Geographical 
Indications and Article 28 para graph (b) of the Draft Law on Industrial Design exempt public 
authorities and officials from liabilities for actions pertaining to protection or enforcement the law 
where actions are taken in good faith. 
Question 86 Please clarify where Yemeni law provides judges th e authority to order prompt and effective 
provisional measures to prevent infringement an d to preserve relevant evidence in regard to the 
related infringement and provides judges the authority to adopt the provisional measure inaudita altera parte  as required in TRIPS Article 50(1) and (2). 
Answer:
 
Article 66 of the Draft Law on Copyright and Relate d Rights and paragraph (a ) of Article 46 of the 
Draft Law on Trademarks and Geographical Indications  and paragraph (a) of Article 24 of the Draft 
Law on Industrial Design provide the court with the authority to order prompt and provisional measures without the knowledge of the other party as required by paragraphs 1 and 2 of Article 50 of 
the TRIPS Agreement. 
Question 87 WT/ACC/YEM/26:  In light of TRIPS Article 61, please identify where Yemeni law provides 
criminal procedures and penalties sufficient to act as a deterrent for wilful trademark counterfeiting or copyright piracy on a commerci al scale.  We note that Articles 114-115 of the 
Industrial Property Law and the other draft laws do not seem to provide criminal procedures or 
deterrent level penalties for wilful trademar k counterfeiting or copyright piracy on a 
commercial scale. 
Answer:
 
Article 124 of the Intellectual Property Law No. 19 of 1994 provides sufficient penalties according to 
the situation, to act as a deterrent for wilful  trademark counterfeiting.  On the other hand, 
Articles 48-51 of the Draft Law on Trademarks, and Articles 69-72 of the Draft Law on Copyrights 
and Related Rights provide sufficient criminal pena lties to act as a deterrent for wilful trademark 
counterfeiting or copyright piracy. 
Question 88 
Also in connection to TRIPS Article 61, plea se identify where Yemeni law makes available 
seizure, forfeiture, and destruction of the infringing goods and of any materials and 
implements used in relation to trademark counter feiting or copyright piracy on a commercial 
scale.  WT/ACC/YEM/28 
 Page 31 
 
 
 We request that the following documents pl ease be submitted for Working Party review: 
- Articles 26, 103, 210 and 211 of the Crimes and Penalties Law No. 12/1994; 
- Article 304 of the Civil Law No. 14/2002; and - Civil Procedure and Enforcement Law as cited in WT/ACC/YEM/7/Rev.1. 
Answer:
 
Article 115 of the Intellectual Property Law No. 19 of  1994, Article 63 of the Draft Law on Copyright 
and Related Rights and Article 50 of the Draft La w on Trademarks provide remedies in appropriate 
cases that include seizure, forfeiture and destructi on of the infringing goods and of any materials and 
implements used in relation to trademark counterfeiting. 
Please refer to document WT/ACC/YEM/28/Add.1 for: 
- Unofficial translation of Articles 26, 103,  210, and 211 of the Crimes and Penalties Law 
No. 12/1994; 
- Unofficial translation of Article 304 of the Civil Law No. 14/2002; and - The Civil Procedure and Enforcement Law. 
VII. TRANSPARENCY 
Question 89 
We request that the following commitment be added at or after paragraph 229 in the Elements 
of a Draft Working Party Report: 
"xx.   The representative of Yemen confirme d that Yemen would, upon accession, fully and 
promptly implement Article X of the GATT 1994 and other transparency provisions in the WTO Agreements requiring notification and public ation.  He further confirmed that no law, 
regulation, judicial decision, administrative ru lings, or other measures of general application 
pertaining to or affecting trade in goods, servic es and TRIPS would become effective prior to its 
publication in the Official Gazette.  The publication of such laws, regulations and other measures would include the effective date of these measures and list the products and/or services affected by the particular measure.   The Working Party took note of these 
commitments."   
Answer:
 
We agree to the following wording of the commitment: xx.   The representative of Yemen confirmed that Yemen would, upon accession, fully and promptly 
implement Article X of the GATT 1994 and other tr ansparency provisions in the WTO Agreements 
requiring notification and publication.  He further conf irmed that no law, regulation, judicial decision, 
administrative rulings, or other measures of general application pertaining to or affecting trade in 
goods, services and TRIPS would become effective prio r to its publication in the Official Gazette.  
The publication of such laws, regulations and other measures would include the effective date of these 
measures and list the products and/or services affected  by the particular measure whenever possible.  
The Working Party took no te of these commitments." 
 
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